REPORT TO BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE
SUBJECT
Title
Speed Surveys & Slower Streets - Assembly Bill 43 (Chan)
Report
BACKGROUND
In July 2024, Bicycle and Pedestrian Advisory Committee (BPAC) Member Kratz requested City staff to provide a report on speed surveys (Attachment 1) and Member Megas requested staff to discuss the City’s plan to implement lower speeds under new Assembly Bill (AB) 43 (Attachment 2).
DISCUSSION
Speed Survey (for Speed Limit Establishment)
The California Vehicle Code (CVC) sets the regulations and framework for how speed limits are established. The speed limit must be established consistent with the CVC in order to be enforceable by the Police Department.
The CVC requires the speed limit to be based on an Engineering and Traffic Survey (E&TS). This speed is considered a safe and reasonable speed for a given road.
The E&TS considers the following:
• Posted speed limit set to prevailing speeds (or 85th percentile speeds) rounding to the nearest 5 mph increment.
• Posted speed limit may be lowered by 5 mph as determined by a registered engineer with consideration to collision history, traffic, and roadside factors and conditions not readily apparent to the driver.
E&TS Validity Period
1. E&TS is valid for five years from the date it is certified.
2. E&TS validity may be extended to seven years under the following conditions:
• Arresting officer successfully completed a 24-hour POST-approved radar course, AND
• If LASER (LIDAR) was used, an additional two hours of POST training on the device, AND
• The device is approved by the National Traffic Highway Safety Administration, AND
• The device was calibrated within the previous three years by independent certified laser or radar repair and testing or calibration facility.
3. E&TS validity may be extended to 14 years under the following conditions:
• All of the conditions above for 7-year validity are met AND a registered engineer evaluates the section of the highway and determines that no significant changes in roadway or traffic conditions have occurred, including, but not limited to, changes in adjoining property or land use, roadway width, or traffic volume.
CVC additionally establishes a prima facie speed limit of 25 miles per hour on streets (other than a state highway) located in any business or residential districts. These streets do not require completion of E&TS.
Slower Streets
State AB 43, commonly known as Slower Streets, was passed on October 8, 2021. This legislation provides local authorities with greater flexibility to establish speed limits on their roadways to better meet the needs of their communities. During the COVID-19 pandemic, there was a notable increase in speeding, which resulted in a rise in traffic-related crashes and fatalities. The increase in traffic deaths during this time highlighted a public health crisis that has affected both the state and the country for decades.
Data compiled by the National Highway Traffic Safety Administration (NHTSA) and the National Transportation Safety Board (NTSB) indicates that while various factors contribute to traffic deaths, speeding is one of the most significant. In response to this public health crisis, the California legislature passed a bill in September 2021 aimed at reducing traffic accidents and in October 2021 Governor Gavin Newsom signed AB 43 into law, granting local governments new authority to lower speed limits on many roads. The law allowed cities to enforce reduced speed limits starting June 30, 2024.
Under AB 43, local authorities can establish a prima facie speed limit of 20 or 25 mph on streets adjacent to a designated "Business Activity District." This new designation is authorized by AB 43. Additionally, local authorities have the option to designate a section of a highway as a safety corridor, which allows them to reduce the speed limit by five mph. Safety corridors are areas with a high concentration of pedestrians or bicyclists, particularly those who are considered vulnerable.
Per the AB legislation, Business Activity Districts are defined as a portion of a street and the adjoining property contiguous thereto that includes central or neighborhood downtowns, urban villages, or zoning designations that prioritize commercial land uses at the downtown or neighborhood scale.
These streets must have four or fewer traffic lanes. And meet at least three of the following four requirements, inclusive:
• No less than 50 percent of the adjoining property fronting the highway consists of retail or dining commercial uses, including outdoor dining, that open directly onto sidewalks adjacent to the highway.
• Parking spaces located alongside the highway (including parallel, diagonal, or perpendicular spaces).
• Traffic signals or stop signs located at least every 600 feet.
• Marked crosswalks not controlled by a traffic control device.
Per AB 43, a Safety Corridor is defined as a roadway segment within a local authority’s overall roadway network (no more than 20 percent of the total roadway network) where the highest number of serious injury and fatality crashes occur. Within this Safety Corridor, the local authority may lower the speed limit by up to 5 mph based on the most recent Engineering and Traffic Survey findings.
As part of the ongoing development of the Santa Clara Vision Zero Plan, slower streets (per AB 43) will be considered as part of the City’s overall traffic safety strategy for Vision Zero.
Staff
Written by: Steve Chan, Transportation Manager, Public Works
Approved by: Michael Liw, Assistant Director/City Engineer, Public Works
ATTACHMENTS
1. Topic Request Form - Member Kratz
2. Topic Request Form - Member Megas