AB 413: New Parking Restrictions Near Intersections
May 2024
Number 23
Assembly Bill (AB) 413, effective January 1, 2024, restricts vehicles from parking, stopping, or standing within 20 feet of an intersection or 15 feet of a curb extension at an intersection. Full enforcement of this law begins January 1, 2025.
Background
Previous California law did not restrict vehicles from parking, stopping, or standing near an intersection. The Legislature enacted AB 413 to further its goal of zero traffic fatalities. According to the bill’s author, California’s traffic fatality rate is twenty-five percent higher than the national average, and about twenty-five percent of pedestrian fatalities occur near an intersection.
Daylighting, a safety strategy that removes parking within 20-25 feet of an intersection, has, according to the bill’s sponsor, reduced collisions in or near intersections in cities that have implemented the strategy. Daylighting improves a driver’s sight line at intersections, which improves visibility of stop signs, pedestrians, and other vehicles as the driver approaches an intersection.
AB 413
AB 413 implements daylighting for all marked or unmarked crosswalks (essentially all intersections). For a standard crosswalk, all vehicle parking, stopping, and standing is prohibited within 20 feet of the crosswalk on the vehicle approach side. For crosswalks with curb extensions (a widened portion of the sidewalk to reduce pedestrian crossing distances and improve visibility), the distance is reduced to within 15 feet of the crosswalk on the vehicle approach side. For reference, a parallel parking space is usually 20 feet long.
A local authority can change the distance if it meets certain requirements. First, the local authority must establish an ordinance with a different distance that includes a finding that the distance is justified by traffic safety standards. Second, the local authority must mark intersections using the different distance with paint or signage showing the different distance. Both requirements of Vehicle Code section 22500(n)(1)(B) must be met for the local authority to allow or prohibit parking near intersections using different distances than AB 413.
Similarly, a local authority may allow commercial vehicle loading and unloading within the restricted zone if it meets the requirements of Vehicle Code section 22500(n)(2). The local authority must authorize commercial vehicle loading and unloading in specific crosswalks by ordinance. And, the designated crosswalks must be identified with either paint or signage in the loading and unloading area.
While vehicle parking is restricted within 20 feet of a crosswalk, a local authority may permit bicycle or motorized scooter to park within 20 feet of a crosswalk, without the findings and markings requirements noted above.
While this law went into effect January 1, 2024, authorities may only issue warnings for violations of the new crosswalk law for the first year (until January 1, 2025). However, if a local authority marks the new restricted area with paint or signs, authorities may issue a citation for violations prior to the full enforcement date.
Takeaways
AB 413 will likely impact cities, counties, and other local authorities with parking enforcement jurisdiction, in multiple ways. First, local authorities will need to assess marked parking spaces and loading zones for compliance with AB 413. This may result in a loss of parking spaces and require the local authority to remark streets or install new signage. Second, local authorities will need to determine whether different distances are appropriate for their locality or a zone within their jurisdiction and adopt the appropriate ordinance. For example, the street layouts in a historic district or small city may be too short to accommodate the requirements of AB 413. Third, a local authority must ensure that public safety or parking enforcement is trained in the new law. A local authority might consider implementing warnings now to help familiarize its residents with the new restrictions before citations go into effect January 1, 2025.
If you have any questions about AB 413, please contact the authors of this Client News Brief or any attorney at one of our eight offices located statewide. You can also subscribe to our podcasts, follow us on Facebook, Twitter and LinkedIn or download our mobile app.
Number 23
Assembly Bill (AB) 413, effective January 1, 2024, restricts vehicles from parking, stopping, or standing within 20 feet of an intersection or 15 feet of a curb extension at an intersection. Full enforcement of this law begins January 1, 2025.
Background
Previous California law did not restrict vehicles from parking, stopping, or standing near an intersection. The Legislature enacted AB 413 to further its goal of zero traffic fatalities. According to the bill’s author, California’s traffic fatality rate is twenty-five percent higher than the national average, and about twenty-five percent of pedestrian fatalities occur near an intersection.
Daylighting, a safety strategy that removes parking within 20-25 feet of an intersection, has, according to the bill’s sponsor, reduced collisions in or near intersections in cities that have implemented the strategy. Daylighting improves a driver’s sight line at intersections, which improves visibility of stop signs, pedestrians, and other vehicles as the driver approaches an intersection.
AB 413
AB 413 implements daylighting for all marked or unmarked crosswalks (essentially all intersections). For a standard crosswalk, all vehicle parking, stopping, and standing is prohibited within 20 feet of the crosswalk on the vehicle approach side. For crosswalks with curb extensions (a widened portion of the sidewalk to reduce pedestrian crossing distances and improve visibility), the distance is reduced to within 15 feet of the crosswalk on the vehicle approach side. For reference, a parallel parking space is usually 20 feet long.
A local authority can change the distance if it meets certain requirements. First, the local authority must establish an ordinance with a different distance that includes a finding that the distance is justified by traffic safety standards. Second, the local authority must mark intersections using the different distance with paint or signage showing the different distance. Both requirements of Vehicle Code section 22500(n)(1)(B) must be met for the local authority to allow or prohibit parking near intersections using different distances than AB 413.
Similarly, a local authority may allow commercial vehicle loading and unloading within the restricted zone if it meets the requirements of Vehicle Code section 22500(n)(2). The local authority must authorize commercial vehicle loading and unloading in specific crosswalks by ordinance. And, the designated crosswalks must be identified with either paint or signage in the loading and unloading area.
While vehicle parking is restricted within 20 feet of a crosswalk, a local authority may permit bicycle or motorized scooter to park within 20 feet of a crosswalk, without the findings and markings requirements noted above.
While this law went into effect January 1, 2024, authorities may only issue warnings for violations of the new crosswalk law for the first year (until January 1, 2025). However, if a local authority marks the new restricted area with paint or signs, authorities may issue a citation for violations prior to the full enforcement date.
Takeaways
AB 413 will likely impact cities, counties, and other local authorities with parking enforcement jurisdiction, in multiple ways. First, local authorities will need to assess marked parking spaces and loading zones for compliance with AB 413. This may result in a loss of parking spaces and require the local authority to remark streets or install new signage. Second, local authorities will need to determine whether different distances are appropriate for their locality or a zone within their jurisdiction and adopt the appropriate ordinance. For example, the street layouts in a historic district or small city may be too short to accommodate the requirements of AB 413. Third, a local authority must ensure that public safety or parking enforcement is trained in the new law. A local authority might consider implementing warnings now to help familiarize its residents with the new restrictions before citations go into effect January 1, 2025.
If you have any questions about AB 413, please contact the authors of this Client News Brief or any attorney at one of our eight offices located statewide. You can also subscribe to our podcasts, follow us on Facebook, Twitter and LinkedIn or download our mobile app.
As the information contained herein is necessarily general, its application to a particular set of facts and circumstances may vary. For this reason, this News Brief does not constitute legal advice. We recommend that you consult with your counsel prior to acting on the information contained herein.
