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HomeMy WebLinkAbout1986-07-07; Traffic Safety Commission; ; Traffic Safety Commission consider posting a speed limit on Cadencia StreetCITY Of CARLSBAD TRAFFIC SAFETY COMMISSION COMMISSION REPORT OF: July 7, 1986 ITEM NO. 1 LOCATION: Cadencia Street -Rancho Santa Fe Road to La Costa Avenue INITIATED BY: Dennis Price, 7515 Cadencia Street, Carlsbad, CA 92008 PROBLEM AS STATED BY REQUESTOR: Cadencia Street needs to have speed limits posted. DATA: This item was continued from the Traffic Safety Commission meeting of June 2, 1986 (see previuos report attached). Two issues were to be researched and reported back to the Commission. They are: 1. Is it possible to legally post two (2) different speed limits on Cadencia Street? 2. Could a 25 M.P.H. speed limit be legally enforced by the Police Department? From a legal viewpoint, under the proper circumstances, it is possible to have two different speed limits posted along one street. These limits would have to be determined upon the basis of an engineering and traffic survey per Section 22357 of the California Vehicle Code (attached). Speed zones of less than half a mile and short transition zones• should be avoided. The Police Department could not enforce a 25 M.P.H. speed limit with radar, when the speed limit is not justified by an engineering and traffic survey within five years prior to the date of the alleged violation (Section 40802 of the Cali- fornia Vehicle Code, [attached]). Pacing of the alledged violator by the Police would be necessary in such a case, TRAFFIC SAFETY COMMISSION COMMISSION REPORT OF: July 7, 1986 Continued ITEM NO. 1 i.e., the Police officer follows the car in question for approximately one-half mile, checking the speed on the speedometer and then pulling the speeding vehicle over. A significant amount of manpower resources are required to use the pacing method, which limits the amount of enforcement effort available elsewhere. The homes located on the northerly portion of Cadencia Street near Rancho Santa Fe Road would qualify as a "residence district" per Section 515 of the California Vehicle Code and would have a prima facie speed limit of 25 M.P.H. This district is approximately 0.40 miles in length. The remaining portion of Cadencia Street would not qualify as a residence district. The 85th percentile speed on the portion of Cadencia Street near Del Rey Avenue was established by a speed survey at 46 M.P.H. This ls the speed that 85% of the drivers t~avel at or below and thus feel to be a safe and prudent speed based upon their perception of roadway conditions.and their own driving abilities. The basic speed law states that no person shall drive at a speed that is greater than reasonable or prudent. Most drivers comply with this law and disregard regulations or speed limit signs that they consider unreasonable. In determining the speed limit that is most appropriate to facilitate the orderly movement of traffic that is reasonable and safe, several important factors must be considered. These include accident history, prevailing speeds, unexpected conditions and any other special circumstances. Only when roadside development results in traffic conflicts and unusual conditions not readily apparent to drivers are speed limits below the 85th percentile warranted. A review of Cadencia street and the associated physical conditions such as width, curvature, grade, surface conditions and other conditions readily apparent to the dri~er would not require downward speed zoning, as the basic rule of Section 22350 of the California Vehicle Code is sufficient· regulation as to such conditions. Traffic research has shown that when roadways are posted at a speed TRAFFIC SAFETY COMMISSION COMMISSION REPORT OF: July 7, 1986 Continued ITEM NO. 1 below the 85th increase. This speeds, creating accidents. percentile, the frequency of accidents can is due to a wider dispersion of vehicle more conflicts and thus more potential for CONCLUSION: The low accident history and 85th percentile indicates that a 45 M.P.H. speed limit sign could be recommended on the southerly portion of Cadencia Street. However, considering that posting the roadway will have little effect on prevailing speeds and that police enforcement will not increase, no speed limit should be posted. RECOMMENDATION: That the denied and area. request for the Police NECESSARY COUNCIL ACTION: a speed limit on Cadencia Street be Department continue to monitor this None required if the request is denied. §2.2356 -428-Div.11 ln~,.a•• of Freeway Llmll 22356. Whenever the Department of Transpoi'tatlon, after consultation with the Department of the California Highway Patrol, determines upon the basis of an.engineering and traffic survey on existing freeway segments,-or upon the basis of ( ) 1 appropriate design standards and projected traffic volumes in the case of newly constructed freeway se~ents, that a speed greater than 65 miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon any state highway, or portion thereof, which is a freeway with full control of access and without crossings at gtade otherwise Subject to a maximum speed limit of 65 rpiles per hour, the ( ) • Department of Transportation, with the approval of the Department of the California Highway Patrol, may declare a higlier maximum speed of 70 miles per hour, and shall cause appropriate signs to be erected giving notice thereof. No person shall drive a vehicle upon ( )3 that highway at a speed greater than 70 miles per hour. • • . Repealed Ch. 11, Stats. 1959. Effective September 18, 1959. • Acfded Ch. 1135. Stats. 1963. Effective September 20, 1963. Amended Ch. 78, Stats. 1967. Effective November 8. 1967. Amended Ch. 632, Stats. 1969. Effe<:tive Noverriber 10. 1969. Supersedes Ch. 91 and Ch. 138. Amended Ch. 545, Slats. 1975. Effective January l, 1975. • •• Amended Ch. 579, Stats. 1984. Effective January l, 1985. The 1984 amendment added·the italicized material and at the point(s) indicated delet_ed the following: •• 1 "approaching" 1 "Se<:retary of the Business and Transportation Agency". ~ "such" lnawo•• of tocal Llndn 22357. Whenever· a local authority determines upon the basis of an engineering and traffic survey that a speed greater than 25 miles per hour would facilitate the· orderly movement of vehicular traffic and would be reasonable and safe upon any street other than a st3cte highway otherwise subject to a prima facie limit of 25 miles per hour, the local authority may by ordinance determine and declare a prima facie speed limit of 30, 35, 40, 45, 50, 55, or 60 miles per hour or a maximum speed limit of 65 miles P!'r hour, whichever is found most apj)ropriate to facilitate the orderly movement of traffic and is reasonable ancl safe. The declared prima facie or maximum speed limit shall be effective when appropriate signs giving notice thereof are erected upon the street and shall not thereafter be revised except upon the basis of an engineering and traffic surver. The provisions of this section shall not apply in respect to any 25-mile-per-hour prima facie limit which is applicable when passing a school building or the grounds thereof. • Amended Ch. 11, Stats. 1959. Effective September 18, 1009. Amended Ch. 631, Stats. 1969. Effective November 10, 1969. Decreo1e of tocal tlmlll 22358. Whenever a local authority determines upon the basis of an engineering and traffic survey that the limitof65 miles per hour is more than is reasonable or safe upon any portion of any street other than a state highway where the limit of 65 miles per hour is applicable, the local authorilY may ·by ordinance determine and declare a prim a facie speed limit of 60, S.,, 50, 45, 40, 35, 30 or 25 miles per hour, whichever is.found most appropriate to facilitate the orderly movement of traffic and is reasonable and safe, which declared prima facie limit shall be effective when appropriate signs giving notice thereof are erected upon the street. Amended Ch. 11, Stats. 1959. Effective September 18, 1959. Decreo•• on Norrow s,,..., 22358.3. Whenever a local authority determines upon the basis of. an engineering and traffic survey that the prima facie speed limit of 25 miles oer hour in a business or residence d.istrict or in a public park on any street • • ···---•:nn •-• r.,.,t in width, other than a state highw•Y• • • ----...1:..-..,,nr.e.of· Div.11 . -429 -§ 22162 resolution determine and decl . . per hour, whichever is found :~s~ ~nma fa~1e spee~ limit of20 or 15 mii;s ~h~ decJa~ed prima facie limit sha1ff~opJTiate_ and is reasonable and safe. gtAv;t'dedg nCohhce thereof are erected upon the :~~vel ~hen appropriate sigils • 1614, Slats 1965 Eft ti Se e Amended Ch. 1095, slats t97'2. £h ve. ptember 17, 1965. : ectwe March 7, 1973. Supersedes Ch 372. 0.U.0•• of toeol tlmlt1 Near Sch00l1 • 22358.4. Whenever a local h . en~neering and traffic sui've :ht onty d_etermir:ies upon the basis of a per hour es!ablished by paraJapht(gie f,nv:J. f~~1e speed limit of 25 mile~ more t!:>an is reasonable or safe th lo su IVISl!)n (b) of Section 22352 is resolution, determine and decJa;e a e ?cal au_thonty may, by ordinance or per hour, whichever is iustillea asp;hma fac1e sp_eed limit of 20 or 15 miles s~ey: ~o such_ ordinance or resolutioneshfllbprffite ~peed ~mit hy such Sign& g1vh1~g notice thereof are erected the he. eclive until appropriate a state 1ghway until s h d. upon e ighway nor in thi f Transportation ~nd such~gi: ~~a:ce tis dapproVed by the rlepart~':[ ~f Added Ch. 102 Stat,. 1974 Elf,.,.., 1 rec e upon the highway ' • ~ ..... ve anuary 1, 1975. • Do.,,,ward s,,..d Zonln11 ~.5. It is the intent of the Le "s] • as ~dth, curvature, grade and su fa g1 ature_ t_hat physical conditions such readily apparent to a driver in the ce b conditions, or any other condition ("';Jff{1 special downward sp~ed zoni~g s~ili 0 ~~her factors, would not lS s cent regulation as to such condit! e ic ruJe of Section 22350 Added Ch. 11, Stats. 1959. Effective September 1!0~~ /Joundary lln• s,,..,. ' · 22:)-59. With respect to bound l. portions thereof are within cliff; ary . ''!e _st~eets and highwa s wh· under Sec!i~ns 22357 and 22358 sh!zint Junsdi~ttons, no ordinancl ado ~!d hll authonhes having Jurisdiction ofb;heffectr,:e as lo any such portion ~ntil rave approved ~e same. This section sh~Jporttons) o~ the street concerned. 11;,::!~=~hcons1sting of separate roadWay~-0~~hfnY ~e c~e o_fb~u~dary • 209, Stats. 196.'.3. Effective April 29, 1963. rent Junsd1chons. Unkln11 D/1trld1 on local H/11/tway• • ~-Whenever a local a th "I d :0reneeri~li andtrafficsllrveythat~h~~i~:;Minti uponhthe _b~is of an J.:-L asonable or safe upon any ti m es per our is more th •-~•~ay for a distance of not f~:eeo~ of a highway other than a sta~: fJ!~!S.,. e;~n~'t'/!1::J~:;.,sid~~e, th~l~c~•:/h~~lt~ :::ate3:::r!t~::d per ~olur, _but not less than 25P mil:S ~~~e ~m,t thhe~eon lower than 65 miles spee un,t shall be effective when a o~r, w. ich declared prima facie are erected upon said street o h" h ppropnate Signs giving notice ther f Amended Ch l r ig way ea • I ' Stats. 1009. Effective Septembe; 18 1959 Mullfpl .. tan• H/11/twai,. • • • dift,22.16!. qn multiple-lane highwa s . h IH!d:~e: pnNh facie speed limits m;;y b~tes::bliiliedre r&arate roadways Amendelc~ 2/iJ e procedures specified in Sectioris ~ t I ot;,~~~t ~oad"'.ays ~ • • Stats. 1963. Effective April 29, 1963. • .o ~. mclus1ve, OOo, Um/I w1,.,. ,..,.on, al Work • .....,2 ·It· • to O • 15 pnma facie a violation of th b · a 1u:~ate a hehicle in excess of the posted esp!!1d j.Pe~d law for any person the ay w ere officers or emplo ees f th 1m1 u~on ~ny portion of the ::::r, or any ~o~tractor of the !geniy or eh ~gencyl havmg Jurisdiction of by Passi way or withm the right-of-way so clos i;hem~ oyees, are at Work on ng traffic. This section appli s j erhe o as to be endangered e on Y w en appropriate signs, ,•, I I I I, ' 1! ' I .\ § 40760 -720-,Div.17 terms of costs and accident or violation redu~tion. This section shall not be construed as a limitation on the board"s authority to establish a uniform sanction model. Added Ch. 722, Stats. 1978. Effecti\•e January I, 1979. Repealed Ch. 722, Stats. 1978. Qperative July I, 1984. Amended' Ch. 166, Stats. 1980. Effective June 12, 1980 by terms of an urgency clause. Amended Ch. 1116, Stats. 1983. Effective January 1, 1984. . Repealed Ch. 1116, Stats. 1983. Effective July I, 1985. Article 9. Termination and Transition Ad/udlcotlon Tron•lllon 40760. Pursuant to Section 40750,5, the administrative adjudication demonstration program will end on July 1, 1985. It is the intent of the Le~lature that the transition from administrative adjudication to court adjudication be expeditious, and yet not impose unnecessary operational and fiscal burdens on the courts. The board may develop administrative guidelines and procedures to facilitate this transition, including, but not limited to, procedures to notify cited motorists whose driver licenses have been suspended or revoked pursuant to Section 40701 of this code, that their unresolved citations will be transferred to the jurisdiction of the courts effective July 1, 1985. Added Ch. 1116, Stats. 1983. Effective January 1, 1984. Repealed Ch. 1116, Stats. 1983. Effective July l, 1985. Court Jurl,dlctlon ol Boord-lmpo••d Su,pon,lon, and Revocations; Foo• 40761. All driving privilege suspensions and revocations imposed by the board pursuant to Section 40701 and in effect on Julr 1, 1985, shall remain in effect until the cited person has complied with al the applicable orders of the board or hearing officer. The municipal court for the district where the underlying citation Was issued shall have jurisdiction to determine whether the cited person has so complied, and shall promptly notify the department when such a suspension or revocation is terminated. Upon termination of a suspension or revocation, a fee of twenty dollars ($20) shall be paid to the court, for deposit into the general fund of the county in addition to any other fees required by this code. However, the court may waive this fee for good cause shown. Added Ch. 1116. Stats. 1983. Effective January I, 1984. Repealed Ch. 1116, Stats. 1983. Effective July 1, 198.S. Ct,url Adfudlcollon 40762. (a) Notwithstanding any other provision of this chapter, the board shall not ~djudicate notices to appear or notices of violation issued after December 31, 1984. The issuance and adjudication of these citations shall be governed by applicable provisions of this code other than this chapter. • (b) Commencing July 1, 1985, the municipal court for the judicial district • where a notice to appear was issued pursuant to Section 40675 shall, with respect_ to any matter that has not been fully adjudicated by the board, have junsdiction to receive bail, to adjudicate the matter, and to impose sentence in accordance with Divisio~ 18 (commencing"with Section 42000)·. The clerk of the court may fix bail based upon the bail schedules in effect at the time of payment or accept payment of sanctions established by the board, and anr payment of sanctions to the court shall be deemed a deposit of bail for all pilrposes. The citation form;approved pursuant to subdiyision (g) of Section 40666 shall constitute a complaint to which the cited person may enter ·a plea. I Added Ch. 1116, Stats. 198.1. Effective January I, 1984. Repealed Ch. 1116, Stats. 198.'.J. Effective July I, 1985. Div.17 -721-§ 40802 CHAPTER 3, ILLEGAL EVIDENCE Article 1. Prosecutions Under Code . Vehicle and Uniform U,ed by Officer, • 4~-Every tr~f~ic officer_ o~ _duty for the exclusive or main purpose of enforcmg the prov1S1ons of D1v1s10n lO or 11 of this code shall wear a full distinctive un!form, an~ ir th«; officer while_ S? on duty uses a motor vehicle, it must be pamted a d1stmchve color specified by the commissioner. ~his SE;Cti~n does not aJ?ply t~ an offi_cer assigned exclusively to the duty of mvesbgahng and securmg evidence m reference to any theft of a vehicle or failure of a person to stop in the event of an accident or violation of Section . 231~ or in reference to any felony cha~ge, or to any officer engaged in servmg any warrant when the officer ts not engaged in patrolling the .highways for the purpose of enforcing the traffic laws. . Amended Ch. 202, Stats. 1961. Effective September 15, 1961. Speed Trap Prohibition 40801. No peace officer or other person shall use a speed trap in arresting o~ !Ja~ticipati~g or assisting in the arrest of, any person for any alleged v10 ahon of this code nor s~all any speed trap be used in securing evidence as to the speed of any vehicle for the purpose of an arrest or prosecution upder this code. Speed Trap 40802, • A "speed trap" is either of the following: (a) A particular section of a highway measured as to distaflce and with boundaries marked. designated, or otherwise determined in order that the speed of a vehicle may be calculated by securing the time it takes the vehicle to travel the known distance. (b) A partic?lar section of a highway with a prima facie speed limit prov1d~~ by thlS code or by local ordinance pursuant· to paragraph ( 1) of subchv1s1on (b) of Section 22352, or established pursuant to Section 22354 22357, 22358, or 22358.3, which speed limit is not justified by an engineering a~dtr_affic survey conducted within five years prior to the date of the alleged v10lahon, and where enforcement involves the use of radar or other elect~onic devices which measure the speed of moving objects. The provisions of this subdivision do not apply to local streets and roads. 1 For purposes of this section, local streets and roads shall be defined by the atest functional usage and federal-aid system maps as submitted to the Fede~al Highway Administration. When these maps have not been su?m•t!ed, the following definition shall be used: A local street or road Pr1 1 1ma~ily provides ac?E:ss to abutting residential property and shall meet the fo owmg three cond.thons: I, Roadway width of not more than 40 feet. h2. ~ot more th~n one-half mile of ~ninterrupted length. Interruptions s all mclude official traffic control devices as defined in Section 445. 3. ~at ~ore than one traffic lane in each direction. d Th1_s section shall remain in effect only until January 1, 1987, and as of that J.ate 1s repealed unless a later enacted statute, which is chaptered before anuary 1, 1987, deletes or extends that date. • Amended Ch. 1346. Stats. 1972. Effective March 7, 1973. ~rnended Ch. 200, Stats. 1973. Effective Jul. 9. 1!173, by terms of an urgency clause. inended Ch. 121_0, Stats. 1978. Effective January I, 1979. ~epealed Ch. 1210, Stats. 1978. Operative January 1, 1982. mended Ch. 357, Stats. l98l. Effective January I, 1982. Repealed Ch. 357, Stats. 1981. Operative January I, 1987. NOTE: The foregoing section remains in effect only until January 1 1987 at Vll'hich time it i1 repealed and the following section becomes effect{ve. ' 40802, A "speed trap" is either of the following: .i j ":IVUU'tJ UIV.17 (a) A particular section of a highway measured. as to distance and with boundaries marked, designated, or otherwise determined in or.der that the speed of a vehicle may be calculated by securing the lime ii takes the vehicle to travel the known ·distance. • (b) A particular section of a highway with a prima facie speed limit P,rovided by this code or by local ordinance pursuant to paragraph (1) of subdivision (b) of Section 22352, or established pursuant to Section 22354, 22357, 22358, or 22358.3, which speed limit is not justified by an engineering and traffic survey conducted within five years prior to the date of the alleged violatiop, _and where enforcement involves the use of radar or other electronic devices which measure the Speed of'moving •objects. This section shall become operative on January 1, 1987. Amended Ch. 357, Stats. 1981. Operative Janu~ I, 1987. Speed Trop Ev/djnce 40803. (a) No evidence as to· the speed of a vehicle upon a highway shall be admitted in any court upon the.trial of any person for an alleged violation of this code when the evidence is based upon or obtained from or by the maintenance or use of a speed trap. • (b) In any prosecution under tliis code of a charge involving·the speed of a vehicle, where enforcement involves the use of radar or other electronic devices which measure the speed of moving objects, the prosecution shall establish, as part of ~ts prima facie case, tiiat the evidence or testimony presented is not based UP<!n a speed trap as defined in ·subdivision (b) of Section 40802. Evidence that a traffic and engineering survey has been conducted within five years of the date of the alleged violation or evidence that the offense was committed on a local street or road as defined in subdivision (b) of Section 40802 shall constitute a prima facie case that the evidence or testimony is not based upon a speed trap as defined m subdivision (b) of Section 40802. Amended Ch. 3S7, Stats. 1981. Effective January I, 1982. Te1tlmony --.I on SPffll Trop 4080I. (a) In anr prosecution under this code upon a charge involving the speed of a vehicle, any officer or other person shall be.incompelerit as a witness if the testimony is based upon or obtained from or by the . maintenance or ·use of a speed trap. • (b) Every officer arresting, or part!cipating or assisting in \he arrest of, a person so charged while on duty for the exclusive or mam purpose of enforciµg the provisions of Divisions IO and 11 is incompetent as a witness if at the lime of such arrest he was not wearin!! a distinct\ve uniforin, or was using a motor vehicle not painted the distlilctive color specified by the commissioner. • • ·' • ·' • • • This section does not apply to an officer assigned exclusively to the d~ty of investigating and securing evidence in reference to any theft of a vehicle or failure of a person to stop in the event of an accident or violation ofSecti~n 23109 or in reference to any felo'!Y charge or to any-officer engaged m serving any warrant when the ·officer is not en_gaged in patrolling the highways for the purpose of enforcing the traffic laws. • · Amended Ch. 58. Stats. 1961. Effective September Uli, 1961.· Amen~ed Ch. 84, Stats. 1978. Effective January 1, 1919. Adm/Hlon ol Spe.,J 1,op Evidence 40805. Every court shall be without jurisdiction to render a judgment of conviction against any person for a violation of this code in\rolving the s~~d of a vehicle if the court admits any evidence or testimony secured m violation of, or which is inadmissible under this article. Po//,-lleporl• . 40806. In the event a defendant charged with an offense under this code pleads guilty, the trial court shall not al any time prior lo pronouncing ~el!~ence receive or consider any report, verbal or written, of any police or I y <1UOJJ traffic officer or witness of the offense without fully informing the defendant of all statements in the report or statement of witnesses, or without giving the defendant an opportunity lo make answer thereto or to produce witnesses in rebuttal, and .for such purpose the court shall grant a continu~nce before pronouncing sentence if requested by the defendant. U•e of Evld•nca Regordln11 Dt1portmenlol Adion 40807. No record of any action taken by the department against a person's privilege to operate a motor vehicle, nor any testimony regarding the proceedings at, or concerning, or produced at, any hearing held in connection with such action, shall be admissible as evidence in any court in • • any criminal action. No provision of this section shall in ally way limit the admissibility of such , records ,or testimony as iS necessary to enforce the provisions of this code relating to operating a motor vehicle without a valid driver"s license or when the driving privilege is suspended or revoked, the admissibility of such records or testimony in any prosecution for failure to disclose any matter at such a hearing when {equired by law to do so, or the admissibility of such records and testimony when introduced solely for. the purpose of impeaching the credibility of a witness. Added Ch. 604, Stats. 19T1. Effective January I, 1978. Article 2. Civil Actions Effecl •ol Con11/cl/on1 40830. In either of the following circumstances a violation of any provision of this code does not establish negligence as a matter of law, but iii any civil action under either of the circumstances negligence must he p"roved as a fact without regard to the violation. The· circumstances under which this section applies are either: (a) Where violation-of the provision was required by a law of the federal goveriiment or by any rule, regulation, directive or order of any agency of the federal government, the violation of which is subject to penalty under an act of Congress or by any valid order of military authority. . (b) Where violation o! the provision was required in order lo comply with any regulation, directive, or order of the Governor promulgated under the California Emergency Services Act. Amended Ch. 438, Stats. 1971. Operative May 3, 1972. "!Ellecl ol SPffll Con11lcllon 408.'ll. In any civil action proof of speed in excess of any prima facie limit declared in Section 22352 at a particular time and place does riot establish negligence as a matter of law liut in all such actions it shall be necessary to establish as a fact that the operation of-a vehicle at the excess speed constituted negligence. Su•pen•lon or llevocoHon of Driving Prlvl/eg• 40832. No record of the suspension or revocation of the privilege to operate a motor vehicle by the departinent, nQr any testimony of or C?onceming or produced at the hearing terminating in the suspension or revocation, shall he admissible as evidence iil any court in any civil action. llepo,t or Action of O.patlment o• Evld•nce 40833. Neither the report required by Sections 16000, 16001, 16002, or 16003, the action taken by the department pursuant to Chapter 1 of Division 7 (commencing at Section 16000), the findings, if any, of the department upon which action is based, nor the security filed as provided in that chapt,:r sliall be referred to in any way, or be any evidence of the negligence or due care of any party, at the trial of any action at law to_ recover damages.