Anthony M.

Shaffer
1137 East Cliff Drive, Apt. 4
Santa Cruz, CA 95062
+1 415 317 2240
anthony_shaffer@yahoo.com

31 March 2009

Transportation Committee
California State Assembly
PO Box 942849
Sacramento, CA 94249

Dear Assembly Members on the Committee on Transportation,

I write in opposition to a recent bill, A.B. No. 766, being offered by Assembly Member Krekorian.
If A.B. No. 766 is enacted, local authorities would be allowed to set speed limits using arbitrary
methods rather than scientific facts with little protection against potential abuse. Vehicle Code §
40802 prohibits “speed traps” essentially preventing local authorities from adopting unjustifiably
low speed limits to raise revenue. It does so by requiring a traffic survey be conducted to justify any
speed limit enforced by radar.

Certainly local officials should be involved with setting speed limits on their roads; and, under
existing law, they already are involved. Speed limits enforced by radar are justified by an Engineering
and Traffic Survey under the authority of Vehicle Code § 627 and requires the consideration of safety
concerns among other concerns. The production of a traffic survey also includes input from “local
authorities” thus creating a balance between local needs and uniform guidelines. Existing law,
specifically the “basic speed law”, already allows local communities enforce lower speed limits as
long as radar is not used. It follows that the need for A.B. 766 proposed changes is unclear given
existing law and a presumed desire to prevent “speed traps”.

I respectively ask the committee to consider recommending against A.B. 766’s passage.
Alternatively, at least amend the bill to provide safeguards against conflicting interests (i.e. revenue
needs) when setting speed limits. One such safeguard could be mandating all fines collected go to
the state general fund, rather than to local authorities, as that prevents a locality from profiting from
lower speed limits.

Thank you for your time and consideration.

Sincerely,

Anthony M. Shaffer

cc: Assembly Member Paul Krekorian

Assembly Member Bill Monning