SECTIONS 1963-1963.10 - California Statutes

STREETS AND HIGHWAYS CODE

SECTION 1963-1963.10

1963. It is the intent of the Legislature, in enacting this
chapter, to authorize the City of Lincoln and the City of Rocklin in
the County of Placer to establish a neighborhood electric vehicle
(NEV) transportation plan for a plan area in the city. It is the
further intent of the Legislature that this transportation plan be
designed and developed to best serve the functional travel needs of
the plan area, to have the physical safety of the NEV driver's person
and property as a major planning component, and to have the capacity
to accommodate NEV drivers of every legal age and range of skills.
It is the intent of the Legislature, in enacting this chapter, to
encourage discussions between the Legislature, the Department of
Motor Vehicles, and the California Highway Patrol regarding the
adoption of a new classification for licensing motorists who use
neighborhood electric vehicles.

1963.1. The following definitions apply to this chapter:
(a) "Plan area" means that territory under the jurisdiction of the
City of Lincoln or the City of Rocklin designated by the city for a
NEV transportation plan, including the privately owned land of any
owner that consents to its inclusion in the plan.
(b) "Neighborhood electric vehicle" or "NEV" means a low-speed
vehicle as defined by Section 385.5 of the Vehicle Code.
(c) "NEV lanes" means all publicly owned facilities that provide
for NEV travel including roadways designated by signs or permanent
markings which are shared with pedestrians, bicyclists, and other
motorists in the plan area.
(d) "Speed-modified golf cart" means a golf cart that is modified
to meet the safety requirements of Section 571.500 of Title 49 of the
Code of Federal Regulations.

1963.2. (a) The City of Lincoln and the City of Rocklin may, by
ordinance or resolution, adopt a NEV transportation plan.
(b) The transportation plan shall have received a prior review and
the comments of the appropriate transportation planning agency
designated under subdivision (a) or (b) of Section 29532 of the
Government Code and any agency having traffic law enforcement
responsibilities in the City of Lincoln or the City of Rocklin.
(c) The transportation plan may include the use of a state
highway, or any crossing of the highway, subject to the approval of
the Department of Transportation.

1963.3. The transportation plan shall include, but is not limited
to, all of the following elements:
(a) Route selection, which includes a finding that the route will
accommodate NEVs without an adverse impact upon traffic safety, and
will consider, among other things, the travel needs of commuters and
other users.
(b) Transportation interfacing, which shall include, but not be
limited to, coordination with other modes of transportation so that a
NEV driver may employ multiple modes of transportation in reaching a
destination in the plan area.
(c) Citizens and community involvement in planning.
(d) Flexibility and coordination with long-range transportation
planning.
(e) Provision for NEV related facilities including, but not
limited to, special access points and NEV crossings.
(f) Provisions for parking facilities, including, but not limited
to, community commercial centers, golf courses, public areas, parks,
and other destination locations.
(g) Provisions for special paving, road markings, signage and
striping for NEV travel lanes, road crossings, parking, and
circulation.
(h) Provisions for NEV electrical charging stations.
(i) NEV lanes for the purposes of the transportation plan shall be
classified as follows:
(1) Class I NEV routes provide for a completely separate
right-of-way for the use of NEVs.
(2) Class II NEV routes provide for a separate striped lane
adjacent to roadways with speed limits of 55 miles per hour or less.
(3) Class III NEV routes provide for shared use by NEVs with
conventional vehicle traffic on streets with a posted speed limit of
35 miles per hour or less.

1963.4. If the City of Lincoln or the City of Rocklin adopts a NEV
transportation plan, it shall do both of the following:
(a) Establish minimum general design criteria for the development,
planning, and construction of separated NEV lanes, including, but
not limited to, the design speed of the facility, the space
requirements of the NEV, and roadway design criteria.
(b) In cooperation with the department, establish uniform
specifications and symbols for signs, markers, and traffic control
devices to control NEV traffic; to warn of dangerous conditions,
obstacles, or hazards; to designate the right-of-way as between NEVs,
other vehicles, and bicycles; to state the nature and destination of
the NEV lane; and to warn pedestrians, bicyclists, and motorists of
the presence of NEV traffic.

1963.5. If the City of Lincoln or the City of Rocklin adopts a NEV
transportation plan, each city may do the following:
(a) Acquire, by dedication, purchase, or condemnation, real
property, including easements or rights-of-way, to establish NEV
lanes.
(b) Establish a NEV transportation plan as authorized by this
chapter.

1963.6. If the City of Lincoln or the City of Rocklin adopts a NEV
transportation plan, each city shall also adopt all of the following
as part of the plan:
(a) NEVs eligible to use NEV lanes shall meet the safety
requirements for low-speed vehicles as set forth in Section 571.500
of Title 49 of the Code of Federal Regulations.
(b) A permit process for golf carts that requires speed-modified
golf carts to meet minimum design criteria adopted pursuant to
subdivision (a). The permit process may include, but not be limited
to, permit posting, permit renewal, operator education, and other
related matters.
(c) Minimum safety criteria for NEV operators, including, but not
limited to, requirements relating to NEV maintenance and NEV safety.
Operators shall be required to possess a valid California driver's
license and to comply with the financial responsibility requirements
established pursuant to Chapter 1 (commencing with Section 16000) of
Division 7.
(d) (1) Restrictions limiting the operation of NEVs to separated
NEV lanes on those roadways identified in the transportation plan,
and allowing only those NEVs and speed-modified golf carts that meet
the safety equipment requirements specified in the plan to be
operated on separated NEV lanes of approved roadways in the plan
area.
(2) Any person operating a NEV in the plan area in violation of
this subdivision is guilty of an infraction punishable by a fine not
exceeding one hundred dollars ($100).

1963.7. (a) If the City of Rocklin adopts a NEV transportation plan
pursuant to this chapter, the city shall submit a report to the
Legislature on or before January 1, 2009, in consultation with the
Department of Transportation, the Department of the California
Highway Patrol, and local law enforcement agencies.
(b) The report shall include all of the following:
(1) A description of all NEV transportation plans and their
elements that have been authorized up to that time.
(2) An evaluation of the effectiveness of the NEV transportation
plans, including their impact on traffic flows and safety.
(3) A recommendation as to whether this chapter should be
terminated with respect to the City of Rocklin in the County of
Placer or expanded statewide.

1963.8. The Legislature finds and declares that the City of Lincoln
has complied with all of the requirements of this chapter relative
to development of a NEV transportation plan and associated reporting
to the Legislature. Accordingly, the City of Lincoln is authorized to
proceed with the implementation of its NEV transportation plan.

1963.9. (a) If the City of Lincoln or the City of Rocklin
implements a NEV transportation plan pursuant to this chapter, the
cities shall jointly, or individually if only one city implements a
plan, submit a subsequent report to the initial report required by
Section 1963.7 to the Legislature on or before January 1, 2011, in
consultation with the Department of Transportation, the Department of
the California Highway Patrol, and local law enforcement agencies.
(b) The report shall include all of the following:
(1) A description of all NEV transportation plans and their
elements that have been authorized up to that time.
(2) An evaluation of the effectiveness of the NEV transportation
plans, including their impact on traffic flows and safety.
(3) A recommendation as to whether this chapter should be
terminated, continued in existence applicable solely to the City of
Lincoln or the City of Rocklin in Placer County, or both, or expanded
statewide.

1963.10. This chapter shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.