Assembly Bill 43, also known as AB43, is a legislative measure aimed at providing cities with more flexibility in setting speed limits on California roadways. Unlike traditional methods, AB43 emphasizes community context to establish speed limits that prioritize safety and efficiency.

Historically, speed limits have been determined by Engineering and Traffic Surveys, or speed surveys. This involves measuring the speeds of vehicles on a given roadway segment. California Vehicle Code required the speed limit to be set at or near the 85th percentile speed – the speed at or below which 85% of vehicles are traveling. Other factors were considered, but a speed limit much lower than the 85th percentile, called a “speed trap”, was not to be established. Previous legislature declared a strong public policy against the use of speed traps, to the extent that citations issued where a speed trap was found to exist, were often dismissed.

Assembly Bill 43 introduced a new approach in speed limit setting by using data-driven analysis and engineering expertise to assess various factors and evaluate road conditions to recommend speed limits that align with the principles of safe design and operation.  AB43 considers a broader range of factors beyond prevailing speeds, leading to speed limits that are more tailored to the specific characteristics of the roadways in our city. AB43 also aims to reduce the likelihood of traffic collisions and create roadways that are safer for all users, including pedestrians, cyclists, and motorists. AB43 sets a new standard for speed limit determination, ensuring that California's roadways prioritize safety above all else. AB43 allows 25mph speed zones in a few circumstances and also allows cities to reduce speeds by 5 mph in many locations.

PROJECT BENEFITS

AB43 provides more options and flexibility to lower speed limits throughout the city and puts emphasis on bicycle and pedestrian safety.

Additional 5 mph speed limit reduction options are available for established "Safety Corridors" and areas with high concentrations of bicyclists and pedestrians. 

This action supports the Mobility & Alternate Modes vision of the Strategic Plan to provide safe transportation networks in the City to empower people to reach destinations by active transportation and micro-mobility.

CITY POLICY FOR REVIEWING AND UPDATING THE AB43 STREET LIST

Updates to the AB43 Street List is governed by the AB43 Street List Change Policy C037, as approved by City Council on March 12, 2025 (Agenda Report)

The policy is implemented pursuant to Assembly Bill 43 (AB43), Traffic Safety, and Assembly Bill 382 (AB382) Pedestrian safety:  School Zones: Speed Limits. 

The initial project to implement AB43 Street List to lower speed limits on streets citywide began in fall 2021 when Assembly Bill 43 was signed into law.   The implementation of lowered speed limits on qualifying Local Streets, designated Safety Corridors and Streets identified as having a High Volume of Bicyclists and Pedestrians, in Encinitas, was completed in September 2024.

Past Actions:

• On September 25, 2024, City Council accepted the Notice of Completion for the AB43 Speed Limit Signs (CS02F) and Citywide Speed Legends (CS02F) projects.   

• On September 25, 2024, City Council adopted Ordinance No. 2024-10, titled “An Ordinance of the City Council of the City of Encinitas, California, Amending Ordinance No. 2024-02, to Create a New Comprehensive Street List with Additional and Amended Streets with Lower Speed Limits in the City of Encinitas Pursuant to Provisions of Assembly Bill 43 (AB43).”

• On September 11, 2024, City Council received a proposed amendment to Ordinance 2024-02, to create a new comprehensive street list with additional and amended streets with lower speed limits in the City of Encinitas.
  
  
• On June 12, 2024, City Council adopted the initial Ordinance for establishing lower speed limits on different streets in Encinitas, pursuant to provisions of Assembly Bill 43 (AB43). 
  
  
• On March 13, 2024, City Council approved the list of streets for lowering speed limits based on staff’s recommended approach for establishing “Safety Corridors” and “Roadways adjacent to facilities that generate high concentrations of bicycles and pedestrians.” City Council also directed staff to conduct public outreach prior to implementation of new, lower speed limits.
   
• On February 12, 2024, the MTSC (Agenda) received an updated report on roadways in the City that can implement speed limit reductions based on AB43.  The MTSC unanimously supported staff’s recommendations and recommended staff add Eolus Avenue and Hymettus Avenue to the list of roads with high concentration of bicycles and pedestrians.
  
  
• On October 18, 2023, City Council directed staff to return with a prioritized list of Safety Corridors and to maximize speed limit reductions.
  
  
• On October 9, 2023, the Mobility and Traffic Safety Commission (MTSC) (Agenda) reviewed the report and supported implementation of AB43 citywide. The MTSC recommended maximizing implementation of the lower speed limit on city roadways with priority given to roadways with speed limits of 30 miles per hour (mph) or higher and roadways in the vicinity of schools. The MTSC also recommended staff take a data-driven approach and identify roads with higher collision rates, higher volumes of traffic and roads that lack active transportation facilities.  
  
  
• On September 9, 2021, Assembly Bill AB43, titled "Traffic safety,” was voted on and passed, and subsequently approved by the Governor and filed with the Secretary of State on October 8, 2021.