Loading...
HomeMy WebLinkAbout6.1 Speed Lmit Dublin BlvdCITY OF DUBLIN AGENDA STATEMENT City Council Meeting Date: January 28, 1991 SUBJECT: Public Hearing: Speed Limit on Dublin Boulevard (Report by Public Works Director Lee Thompson) EXHIBITS ATTACHED: 1) Draft Ordinance 2) Report from TJKM 3) Location Map 4) "Speed Trap" section of the California Vehicle Code (CVC) ' k/ 3) 4) 5) Open public hearing. Receive Staff presentation and public testimony. Question Staff and the public. Close public hearing and deliberate. Waive reading and ADOPT ordinance establishing speed limits on Dublin Boulevard. FINANCIAL STATEMENT: Approximately $500 to post new signs and install pavement markings. Sufficient funds are budgeted in the Street Maintenance Operating Budget to cover this cost. DESCRIPTION: This is the second reading of a proposed ordinance that was introduced at the January 14, 1991, City Council meeting. The City recently approved annexation of the portion of Dublin Boulevard west of Silvergate Drive. Alameda County has not established a speed limit on this portion of Dublin Boulevard; hence, the existing speed limit is the State's "maximum speed" or 55 mph. The City's Traffic Engineer, TJKM, has conducted a speed survey on this portion of Dublin Boulevard for two reasons: (1) the intention to establish a lower legal speed limit, and (2) so that radar can be used for enforcement. At the same time, TJKM also conducted a speed survey on Dublin Boulevard between Donlon Way and Silvergate Drive. The adopted speed limit on the Donlon to Silvergate portion of Dublin Boulevard is 35 mph; however, conflicting signs and pavement markings had been insta]led which indicated both 25 mph and 35 mph for this same section of roadway. In addition, concern was expressed by both the City Council and some of the residents of Silvergate Drive near the Dublin Boulevard intersection that vehicles traveling at 35 mph or above on Dub]in Boulevard did not slow down for the sweeping curve onto Silvergate Drive, causing a potential hazard for residents trying to back out of driveways. The legal speed limit on Silvergate Drive itself is 25 mph. The Dublin Boulevard speed survey results were as follows: 85th percentile 50th percentile range West of Donlon 41 mph 36 mph 21 - 49 mph East of Silvergate: E/B 42 mph 36 mph W/B 44 mph 38 mph 28 - 48 mph 27 - 48 mph West of Silvergate: E/B 42 mph 36 mph W/B 40 mph 35 mph 28 - 48 mph 28 - 45 mph The 85th percentile speed is the highest speed at which 85% of the traffic traveled during the period surveyed; in other words, west of Donlon Way, 85% of the vehicles were traveling at 41 mph or below. The 50th percentile speed is the highest speed at which 50% of the traffic traveled. A traffic court ITEM NO.~ COPIES TO: TJKM judge will typically use the 85th percentile speed as a safe or allowable speed when reviewing a contested citation unless documentation has been provided which justifies a lower safe speed. For this reason, a posted speed limit which is considerably below the 85th percentile speed is generally not enforceable and may be deemed a "speed trap" (see Exhibit 4). TJKM recommends retaining the present 35 mph speed limit for Dublin Boulevard westerly through the Silvergate Drive intersection. While both the 85th and 50th percentile speeds are above 35 mph, the 35 mph speed is appropriate for a street with intersecting commercial/retail driveways and residential streets. The westerly limit for the 35 mph speed is proposed to be defined as "Silvergate Drive," as the present 35 mph speed extends to the old "City Limit," which is approximately 400 feet west of Silvergate Drive. West of Silvergate Drive, the prevailing speeds are about the same as those between Donlon and Silvergate; however, there are no intersecting driveways at this time other than the road to Valley Christian Center and the driveway of the single house at the end of the street. It is therefore recommended that the speed limit for this portion of Dublin Boulevard be set at 40 mph. The City Council approved annexation of this portion of Dublin Boulevard in August of 1990, and LAFCO approved the annexation in July of 1990 subject to minor corrections being made by the applicant. Staff estimates that the annexation will become final in approximately two months. The processing time for an ordinance is also approximately two months. It is recommended that the City Council take action on the ordinance at this time so that the ordinance would become effective on the date that the annexation becomes official or after the second reading and 30-day posting period for the ordinance have passed, whichever is later. Signing that is proposed to be installed would include the 25 mph curve warning sign on the sweeping curve from Dublin Boulevard onto Silvergate Drive (as discussed at a previous meeting) and standard 40 mph speed limit signs west of Silvergate Drive. Staff recommends that the City Council conduct a public hearing, deliberate, waive the reading, and ADOPT the ordinance establishing speed limits on Dublin Boulevard west of San Ramon Road. -2- ORDINANCE NO. -91 AN ORDINANCE OF THE CITY OF DUBLIN ESTABLISHING SPEED LIMITS ON DUBLIN BOULEVARD The City Council of the City of Dublin does ORDAIN as follows: Section 1. In accordance with the provisions of Section 6.04.340 of the City of Dublin Municipal Code, speed limits shall be established as follows: (a) Dublin Boulevard, from Donlon Way through the Silvergate Drive intersection: 35 miles per hour. (b) Dublin Boulevard, from the westerly side of the Silvergate Drive intersection to the westerly City Limit: 40 miles per hour. Section 2. The provisions of Section 1 shall be added to Chapter 14 of the City of Dublin Traffic Code. Section 3. Effective Date and Posting of Ordinance Section l(a) shall become effective 30 days from the date of adoption of this Ordinance. Section l(b) shall become effective 30 days from the date of adoption of this Ordinance or upon recordation of Annexation No. 8, whichever is later. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin on this 28th day of January, 1991 by the following vote: AYES: NOES: ABSENT: ATTEST: Mayor City Clerk MEMORANDUM January 8, 1991 TO: FROM: SUBJECT: Lee Thompson David Othling Chris Kinzel Dublin Boulevard Traffic Control Improvements This memo documents an analysis and observations supporting recommended traffic control improvements along Dublin Boulevard between Donlon Way and the new West City Limit in the City of Dublin. This study addresses concerns discussed at the Traffic Safety Committee meeting on October 30th regarding whether the existing speed control signing and striping is appropriate and adequate. This study is based on field observations and radar speed surveys conducted at a total of three locations on Monday, December 11, 1989 and Wednesday, November 7, 1990. Road Description The westbound section of Dublin Boulevard consists of one through lane from Donlon Way through Hansen Drive. The one through lane section continues through Silvergate Drive via a left-turn lane and continues to the new West City Limit. The westbound speed limit is posted as 35 miles per hour (mph) on Dublin Boulevard from east of Donlon Way until west of Hansen Drive where a 25 pavement marking exists. The 25 marking requires an accompanying sign and supporting ordinance to legally reduce the speed limit. Since the controlling ordinance designates 35 mph as the legal speed limit, the prevailing 35 mph legal limit continues from west of Hansen Drive through Silvergate Drive, where Dublin Boulevard continues to the west from a free flow left-turn lane. West of Silvergate Drive, Dublin Boulevard westbound is unposted until the road curves to the right and a yellow 40 mph curve warning sign is posted. This only indicates an advisory safe speed and not a legal limit, so the prevailing 35 mph legal limit continues from the curve to the old West City Limit, a distance of approximately 400 feet. The legal speed limit between the old and new West City Limit is 55 mph since there is no controlling ordinance. 4637 Chabot Ddve, Suite 214, Pleasanton, California 9z PLEASANTON · SACRAMENTO. FRESNO. COl Lee Thompson -2- January 8, 1991 The eastbound section of Dublin Boulevard consists of one through lane from the new West City Limit through Silvergate Drive via a right-turn lane and widens to a two through lane section east of Hansen Drive. This two through lane section continues through Donlon Way. The eastbound speed limit is unposted at the new West City Limit until the road curves to the left where a yellow 40 mph curve warning sign is posted. This does not establish a legal speed limit, so Dublin Boulevard effectively does not have a posted legal speed limit until Silvergate Drive, where Dub]in Boulevard continues to the east from a STOP sign controlled right-turn lane. East of Silvergate Drive, Dublin Boulevard eastbound is posted at 35 mph. Observations 1. The 25 mph pavement marking on westbound Dublin Boulevard, west of Hansen Drive is not accompanied by a speed limit sign and, therefore, does not legally establish a 25 mph speed limit. It is also not appropriate as Dublin Boulevard has been designated as a 35 mph road in the vicinity. 2. The speed limit sign indicating 25 mph on Silvergate Drive is placed on the westbound Dublin Boulevard to Silvergate Drive right curve curb radius where sight distance is limited. This may not provide sufficient distance for vehicles to stop or effectively reduce their speeds prior to hidden residential driveways on Silvergate Drive. 3. The yellow 40 mph curve warning signs on Dublin Boulevard west of Silvergate Drive are not appropriate with respect to the prevailing legal speed of 35 mph in the vicinity and the absence of speed limit signs between the new West City Limit and Silvergate Drive. Curve warning signs are advisory only and need to be used in conjunction with standard speed limit signs to indicate speed limits at or less than the prevailing speed limit. Speed Survey The westbound Dublin Boulevard radar speed survey between Donlon Way and Silvergate Drive indicated 85th percentile speeds of 41 and 44 mph approaching Hansen Drive and Silvergate Drive. The speeds ranged from 21 to 49 mph and from 27 to 48 mph at each respective location. The westbound Dublin Boulevard radar speed survey between Silvergate Drive and the new West City Limit indicated an 85th percentile speed of 40 mph with speeds ranging from 28 to 45 mph. The eastbound Dublin Boulevard radar speed survey between the new West City Limit and Silvergate Drive indicated an 85th percentile speed of 43 mph approaching Silvergate Drive with speeds ranging from 29 to 44 mph. The eastbound Dublin Boulevard radar speed survey between Silvergate Drive and Donlon Way indicated 85th percentile speeds of 42 and 41 mph approaching Hmasen Drive and Donlon Way. The speeds ranged from 28 to 48 mph and from 21 to 49 mph at each respective location. SF'OT SPEED STUDY ANALYSIS FOF.: THE CiTY OF DUBLIN LOCATION DIRECTION DAY OF THE WEEK DATE TIME OF THE DAY POSTED SF'EED LIMIT VEHICLES OBSERVED DUBLIN BLVD W/O DONLON WAY BOTH MONDAY 12/11/8'9 1:35-2:10 PM 35 121 DEVELOF'MENT 50th F'ERCENTILE SF'EED 85th PERF:ENTILE SPEED 10 MF'H F'ACE SPEED PERCENT IN F'ACE SPEED RANGE OF SPEEDS SKEWNESS INDEX COMM 36 41 30 TO 39 64 21 TO 4'9 0.93 SPEED ( MF'H ) 21 24 26 27 28 2'3 30 31 0 34 35 36 37 38 40 41 42 43 44 45 46 47 48 49 50 53 54 56 57 5'~ 6'.] 61 NUM- BEE'. 2 2 2 2 0 0 3 7 6 4 5 6 5 14 8 9 7 14 6 4 6 1 2 t () (. () ) () CUMULATIVE SPEED CURVE F' E F.: C N T. OF TOT. 100% 4 CUMUL. F'RCNT. 1.65 1.65 0.00 l. 65 1.65 3.3I 1.65 4.96 90% 1.65 6.61 0.00 6. 61 0.00 6.61 2.4 S 9.09 80 % 5.7'3 lq. 88 4. '36 19.83 3. Jl =o. 14 4. 13 27.27 70% 4.96 o.~, -~, ~- 4. 13 36.36 11.57 47,93 6.61 54.55 60% 7.44 61. '38 5.79 67.77 11.57 7'3.34 4.96 84 ~' JU,. 3.31 87,60 4.96 95.04 0.83 95.87 40% 1.65 97, 52 0.~3 99. 17 30% 0. ,.},:} 100.00 0.00 100.00 O. O0 100. O0 20% 0.00 100.00 0. O0 100.00 0.00 100.00 0.00 100.00 10% 0.00 100.00 O. (] 0 100. 00 0. O0 100.00 0. O0 100.00 0% O. O0 10':). O0 0 10 2:0 30 40 0 SPEED ( MPH ) + 70 FOR THE C:ITY OF DUI'~L. ID.I LOCAT I ON D I RECT I ON DAY OF THE 14EEK DATE TIME OF ]"HE DAY POSTI=D,-) r"-' r" c'_ ._~..='n L ! FI I. T VEHI CLr:S OBS[EF~:VED DUBLIN BI_, W/'O !?.ILVtEF;:GATE EASTBOUND U.IEDIqESDAY 11 ,' 07 /90 I) EVELOF:'HEI"-IT 50th PEP. CENTILE .~FEED S5th PERCENTILE SPEED lO F'IPH F'ACE SPEED F'ERCENT IN F'ACE SPEED RANGE OF- SF'EEDS ...; .... i ,. :c. :. X ;_ k. EWI .I ...~,..~ I I',.ID E R E S I Ii}, E ~',I T I A L 38 43 a~ TO 44 82 :,':.' 9 T 0 44 :L. O0 l.J I"11J L.. I.-'[u....N, . 2.94 5 '.5 4. '7 1 7 ~. 47 7??,. 47 ,.}0. :}"> (-) ("i Fi/"~ 00. C. C, 00.0 O0.00 :];. 0.0 ':} 0. 00. OC, 00 0(') O0 O0 O0 00 ;::,'"~ 0,.} ,::) 0 O0. (.),: I 00. ,:} ,.) :;.) C' 0. 00. }(.' .} C,. (),: 70% ".¢_, 0 % 5 ':} % 40 % 10 .'.' 0 % _ .DU 60 70 0 1 Q :/f 0 230 40 "- ' 5t::'!!~F D ,:. HF:'H ) ..~, ~._, T SF'IE F D "'?'" FFIF. THE (.':ITY OF DUBI..IN LOCA'I' Z 01'4 D I REK:T I 01',1 DAY [)F THE WEEK DATE 'T IMf: OF THE POSTI::D SF'[£1i.{D LIMIT VEI--t!CLES OBSERVED DUBLIN BL. E/O SII_'21SEGA"'F EASTBOUI~ I} 11 / C:'7/90 12: ':)5- 12: S: I::' P"l 5C) DEVEL. OPHEI'qT 5CItla F:'EF4:I-:IENT II...E SPEED 85tin F:'ERE:[k-I',I'T'I L.E SF'EEI} :tO HF'H F'ACE SPEED F'[EF::CEhlT IN F'ACE SF'ErED I:;.'.AI,IGE 13F' ""-'-- !SF:tk:NI'.IESS I NDFX NES I DEI',IT I AL 36 42 ";":' TO ~ ~ 64 23 TO 4S 1. CI 7 SPEED Ix. lt-.IM-" (MF'H) BfER ....u 2 · :], ,ri 3 0 3 .:., :1. 'S ~ ~2, ..2, 36 5 3 7 2 39 2 4 0 3 41 2 42 3 4,4 ,: ,'-',:fi ':';~ .4-9 0 50 r_-.-, [53 ~= ,:-4 iS 0 ;£ '[ G_, :2 6 5 0 d:., (5 6 ;.3 f_': U 1"1L L A T 7[ VIE ?, F' E E D C U F:: V E 4.00 6. O0 6.0C, (.5. O0 2. O0 6.0 0 4. C)C) 6.00 14. OC; 4. O0 G. O0 4. '.)0 0. O0 O. 00 ,:D. 00 C). O0 O. oO ("). (_)%; C.'. O. :'-)() O. ,:D 0 (). 00 FOR THE L.i F~- (IF" U,L,:LIN LO...HI ION DIRISCTION DAY' OF 'THE WEEK DATE TIME OF THE DA',' POSTI~D oFE~ LIMIT ~ Ir"'[ ~ 5 OBoEE. vEI ,EH _._ES -']'- "'- '~ I}UE':L;[I"I BL. E/Q ~-..~..',,:-'.. ~' : - ~ a- q I '. L. II:_,.:, , ,: C)L.I ID WEDNESDA",' 11 / 07 ," ,:z~ 0 12: ('-I 5-! 2: 30 F:' M I.. I::.. v ELOI- i'lEl,l T ',.SOt h PEF.:E:IEI"IT I LE SPEED ,=,_,i:;h I:'EI:q:CENTILE SPEED 10 MF'H F'ACE SF'EED r-I.::F.:.L. EI'-I r ]: i',1 F'ACIE SF'EED l-.-.ml,l :lE 0}:- SF'I_-_'EDS ,:~ '... c ~- .... i ~ !5 I lxl D E X SF'EED ( M F' Ft ) · '7_' '::j 3 ,:} ,~i 3S ,Z~22 4 2 43 4 4 ,4 7 4 9 ,-~ L] 5 6, C. i !::3 4 ('], ,j I.E, ]; NUM .... BER 1 2 2: 2 3 4 5 3 3 1 () (. ,:] '7 ,:: ( () () () CUMLILATIVE SPIELED I]:UIi:VE CUMUI_. 2.0 0 2 ?... t'. () 3,4. ,:} 0 4'2. O0 9 ~. C, 0 100.00 1F,p,. O0 1 9 Q. O O 1 Q O. 00 10':}. O0 100. ,30 100.00 i 00 .. 00 l 00.00 t O O. 00 I. 00. O0 L O0. I (-)0 · O0 ! 00 % 9 0 % '7 0 'Y iS ,:} % ,4 0 % 72'.J 7'~ I L. 0 i.-.: A T I 0 I',.I D I I:tECT :[ O I',.I DAY OF THIE WEEI< D~-~ 'FE TIME OF' THE D~Y POS-I'ED SPIELED L_INI'F VEHIC:LES OBSEIq:;.'ED DEVEL_OF'HEEI'q"F 5 0 t h F' E F;: C E N'F I L E S F:' IE E D 33 5'lc h F' E F;: C E I',.I"F I L_ E S F' E E D LO MF'H F'ACE SF'EED I::'ERCEFIT IN PACE SPEED RANGE OF SPEEDS '.BKEWIxlESS INDEX DENT I AL S T 0,-,':'-7, '-"-' TO 45 II ,MUI_- IVE SPEED F:UIq:VE F' E F:: C N T'. C) F' i!:)'T. ':= 7:1. 5.71 :L i. 4 3 ! 7. 1 4 2. S6 ()...) 0 0., O0 2 ~.-, r: 0 · C 0 < , .; 0 ].. 0"'-" ,.]:,. O0 :_'...} 0 :). O0 ,.2. O. 0,:) ,;), ,:} 0 O. O0 0.0 C, O. O0 O. 0(_'~ 0.0 0 10,:Zl% 7 (3 % ....... 0% .;-:..ii. .~:F .~..? .!4. 'i.~' · h~- ', ?i-l -? .~ .? ~ .~ .ie ~. + ¢~..~ ~ .~ ~ .~ ............................... + 0 10 'izt) 30 40 50 GO 70 ;:F I:E:D (MF:'H) ~e arresting itten notice :ion and to ~fficer may i!, )n shall h/ ~lo~g lng:. ? orrect the exist, the ,le, and the : to correct ~n addition t/on, sha~ . and proof We fee for olation f~r ~se. use. delivered ifieate of loc. 3rreet or tilty of a ,n by an e alleged trifled as violation ~r 20.3 of ).2. :ified as : deputy ~rtment, :cement Div. 17 -- 799 -- § 40802 ~l~ed Notice as C~ 'iht . 40618. Whenever proof of correction of violation is not received by the · ing agency in. accordance ;yith Section 40610, the issuing agency may ~ver the_signed p. romise to the court having jurisdiction of the violation d~'th a certification t~a,t no proof 9f correction has been received. If prepared on a form approve, a oy the Judicial Council, the promise under Section .1~610, together with the certification under this section, shall constitute a complaint to which the defendant may enter a plea, and upon xvhieh a warrant may be issued if the complaint is verified. Added Ch. 1350, Stats. 1978. Operative July 1, 1979. CHAPTER 2.5. ADMINISTRATIVE ADJUDICATION OF TRAFFIC SAFETY VIOLATIONS (Added Ch. 722, Stats. 1978. Effective January 1, 1979) (Repealed Ch. 722, Stats. 1978. Operative July 1, 1984} (Repealed Ch. 1116, Stats. 198,3. Operative July 1, 1985) CHAPTER 3. ILLEGAL EVIDENCE Article 1. Prosecutions Under Code Vehicle and Uniform Used by Officers 40800. Every traffic officer on duty for the exclusive or main purpose of enforcing the provisions of Division 10 or 11 of this code shall xvear a full distinctive uniform, and if the officer while so on duty uses a motor vehicle, it must be painted a distinctive color specified by the commissioner. This section does not apply to an officer assigned exclusively to the duty 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 of Section 2.3109 or in re!erence to any felony charge, or to any officer engaged in serving any x~arrant when the officer is not engaged in patrolling the highxvays for the purpose of enforcing the traffic la,vs. Amended Ch. 202, Stats. 1961. Effective September 15, 1961. Speed Dap Prohibition 40801. No peace officer or other person shall use a speed trap in arresting, or participating or assisting in the arrest of, any person for any alleged violation of this code nor shall any speed trap be used in securing evidence as to the speed of any vehicle for the purpose of an arrest or prosecution under this code. Speed Trap 40802. A "speed trap" is either of the folloxving: (a) A particular section of a highway measured as to distance 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 particular section of a highway with a prima facie speed limit providedby this code or by local ordinance pursuant to paragraph (1) of subdivision (b) of Section 2235~, or established pursuant to Section 29354, 22357, 22358, or 22358.3, which speed llmit is not justified by an engineering and traffic survey conducted within fi~ e !jea[s prior to the date of the alleged violation, and where enforcement ira oNes the use of radar or other electronic devices which measure the speed of moving objects. The provisions of this subdivision do not apply to local streets and roads. For purposes of this section, local streets and roads shall be defined by the latest tuncti0nal usage and federal-aid system maps as submitted to the Federal Highxvay Administration. When these maps have not been submitted, the following definition shall be used: A local street or road orimarily provides access to abutting residential property and shall meet the llowing three conditions: (1) Roadway ~vidth of not more than 40 feet. § 40802 -- 8o0 Div. 17 (2) Not more than one-half mile of uninterrupted length. Interruptions shall include official traffic control devices tis defined in Section 445. (3) Not more than one traffic lane in each direction. This section shall remain in effect only until January 1, 1993, and as of that date is repealed, unless a later enacted statute, ~vhich is enacted before January 1, 1993, deletes or extends that date. Amended Ch. 1346, Stats. 1972. Effective iMareh 7, INa. Amended Ch. 203, Stats. 1973. Effective Jul. 9, 1973, by terms of an urgency clause. Amended Ch. 1210, Stats. 1978. Effective January 1, 1979. Repealed Ch. 1210, Stats. 1978. Operative January 1, 1982. Amended Ch. 357, Stats. 1981. Effective January 1, 1982. P. epealed Ch. 357, Stats. 1981. Operative January 1, 1987. Ameuded Ch. 833, Stats. 1986. Effective January 1, 1987. NOTE: This section remains in effect only until January 1, 1993, at which time it is repealed and the following section becomes effective. 40802. A "speed trap" is either of the follo~ving: (a) A particular section of a highway measured as to distance and with boundaries marked, designated, or otherwise determined in order that the speed ora vehicle may be calculated by securing the time it takes the vehicle to travel the known distance. (b) A particular section of a highway with a prima faeie speed limit provided by' this code or by local ordinance pursuant to paragraph (1) of subdMsion (b) of Section 22352, or established pursuant to Section 22354, 22357, 22358, or 9_2358.3, which speed limlt is not justifi,ed by au engineering and traffic survey conducted within five } ears prior to the d~ite of the alleged violation, and where enforcement involves the use of radar or other electronic devices ~vhich measure the speed of moving objects. 'This section shall become operative on January 1, 1993. Amended Ch. 357, Stats. 1981. Operative January 1, 1987. Amended Ch. &33, Stats. 1986. Etfective January 1, 1987. Speed Trap Evidence 40803. (a) No evidence as to the speed ora vehicle upon a highway shall be admitted in any court upon the trial of an),' person for au 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 this code of a charge invoMng the speed of a vehicle, ~vhere enforcement involves the use of radar or other electronic devices which measure the speed of moving objects, the prosecution shall establish, as part of its prima facie case, that the evidence or testimony presented is not based upon a speed trap its defined in subdivision (b) of Section 40802. Evidence that a trafi'ie and engineering survey has been conducted within [:ive years of the date of the alleged violation or evidence that the offense was ~oinmitted on a local street or road as defined in subdivision (b) of Section 40802 shall constitute a prima faeie case that tile evidence or testimony is not based upon a speed trap as defined in subdivision (b) of Section An~ended Ch. 357, Stats. 1981. Effective January 1, 1982. Testimony Based on Speed Trap 40804. (a) In any prosecution under this code upon ,a charge invoMn~ the speed of a vehicle, any officer or other person shall be incompetent a witness if the testimony is based upon or obtaiued fi'om or by the maintenance or use of a speed trap. (b) Every officer arresting, or participating or assisting iii the arrest of, a person so charged while on duly for tile exclusive or main purpose of enforcing the provisions of Divisions 10 and 11 is incompetent as a witne~ if at the time of such arrest he was not wearing a distinctive uniform, or wa5 using a motor vehicle not painted the distinctive color specified by thc cmnmissioner. Div. 17 ~. Interruptions etlon 445. 3, and as of that enacted before toy clause. 73, at which time istance and with in order that the takes the vehicle 'acie speed limit paragraph (1) of to Section 9.2354, y an engineerin~ .ate of the allesec~ !radar or other bjeets. >n a highway shall alleged violation ed from or by the volving the speed or other electromC ~, prosecution shall mee or testimony subdivision (b) of ; survey has been flatten or evidence · oad as defined in faeie case that the rap as defined in a charge involving be incompetent as. ~d from or by th~ ~ in the arrest of, ,;g main purp°.s.e e~ '"':';' ~petent as a w~m, rive uniform,fi,r, ~e or specified lo) Div. 17 -- -- § 40831 This section does not apply to an officer assigned exclusively to the duty 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 of Section 23109 or in reference to any felony charge or to any officer engaged in serving any warrant when the officer is not engaged in patrolling the highways for the purpose of enforcing the traffic laws. Amended Ch. 58, Stats. 1961. Effective September 15, 1961. Amended Ch. 84, Stats. 1978. Effective January 1, 1979. Admission of Speed Trap Evidence 40805. Every court shall be without jurisdiction to render a judgment of conviction against any personfor a violation of this code involving the speed of a vehicle ff the court admits any evidence or testimony secured in violation of, or which is inadmissible under this article. Po~lee Reports 408013. In the event a defendant charged with an offense under this code pleads guilty, the trial court shall not at any time prior to pronouncing sentence receive or consider any report, verbal or written, of any police or traffic officer or ;vitness 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 to make ans;ver thereto or to produce ;vitnesses in rebuttal, and for suet purpose the court shall grant a continuance before pronouncing sentence if requested by the defendant. U~e of Evidence Regarding Departmental Action 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 any way limit the admissibility of such records or testimony as is necessary to enforce theprovis, ions 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 ~vhen required by laxv 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. 804, Stats. 19'/7. Effective January 1, 1978. Article 2. Civil Actions Effect of Convictions 40830. In either of the following circnmstances a violation of any provision of this code does not establish negligence as a matter of law, but in any civil action under either of the circumstances negligence must be proved as'a fact without regard to the violation. The circumstances under which this section applies are either: (a) Where violation of the provision xvas required by a laxv of the federal t~vernment or by any rule, regulation, directive or order of any agency of e 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 of the provision was required in order to comply with *.ny regulation, directive, or order of the Governor promulgated under the California Emergency Services Act. ~.Amended Ch. 438, Stats. 1971. Operative May 3, 1972. o,.t Speed Con. v/chon. ' ss of an rima facie limit . 4(B31 In any c~val action proof of sveed ~n exce y p . . . ck~elared in Section 2.9.35g at a partieu'lar time and place does not establish negligence as a matter of law but in all such actions it shall be necessary to