Bill Text: CA AB1772 | 2009-2010 | Regular Session | Amended

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Bill Title: Vehicles: group axle weight exemption: idle reduction

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2010-08-12 - In committee: Held under submission. [AB1772 Detail]

Download: California-2009-AB1772-Amended.html

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BILL NUMBER: AB 1772	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 7, 2010

INTRODUCED BY   Assembly Member Mendoza

                        FEBRUARY 9, 2010

   An act to add Section 35559 to the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1772, as amended, Mendoza. Vehicles:  gross vehicle
  group axle  weight  exemption  : idle
reduction technology.
   (1) Existing law imposes a maximum gross vehicle weight limit on a
vehicle or combination of vehicles based on the number of axles of
the vehicle or combination of vehicles. Existing law authorizes the
Department of Transportation to fix the maximum weight limit of a
vehicle operating on a highway after the department makes specified
determinations. Existing law authorizes, with specified exemptions, a
city, county, or city and county to prohibit the use of a street by
a vehicle exceeding a maximum gross weight limit the city, county, or
city and county has established according to prescribed requirements
by ordinance. Existing law authorizes the department, and a city or
county satisfying specified criteria, to establish the gross vehicle
weight that a bridge or other structure will sustain safely. 

   For purposes of any laws under which maximum gross vehicle weight
limits are established, this 
    This  bill would authorize a vehicle  subject to
those provisions  that is equipped with idle reduction
technology to exceed  those maximum limits   the
group axle weight limit  by the weight of the idle reduction
technology, as defined, or not more than 400 pounds, whichever is
less. The bill would require a vehicle operator, upon request, to
provide proof that the idle technology is fully functional at all
times and the  gross vehicle   excess 
weight  increase  is not for any purpose other than
for the use of the idle reduction technology. Because a violation of
this requirement would be a crime, this bill would impose a
state-mandated local program.
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 35559 is added to the Vehicle Code, to read:

   35559.  (a) The gross vehicle weight of a vehicle subject to
Section 35550, 35551, or 35551.5 that is equipped with idle
technology may exceed the maximum limits set forth in those sections
by not more than 400 pounds or the weight of the idle reduction
technology, whichever is less.
   (b) Notwithstanding other laws under which maximum gross vehicle
weights are established, the maximum gross vehicle weight limit,
bridge formula limit, and axle weight limit for a vehicle or
combination of vehicles equipped with idle reduction technology may
exceed the maximum limits established under those laws by not more
than 400 pounds or the weight of the idle reduction technology,
whichever is less. 
    35559.    (a) A vehicle or a combination of vehicles
that is subject to Section 35550, 35551, or 35551.5 and that is
equipped with idle technology may exceed the group axle weight limit
established under those sections by not more than 400 pounds or the
weight of the idle reduction technology, whichever is less. 

   (b) The weight exemption specified in subdivision (a) may only be
applied to an axle group on the truck tractor and may apply only one
time per vehicle combination, regardless of the number of axles in
the vehicle combination. 
   (c) Upon request by an appropriate law enforcement officer, the
vehicle operator shall provide proof that the idle technology is
fully functional at all times and the  gross vehicle weight
increase   excess weight over the group axle weight
limit  is not for any purpose other than for the use of the idle
reduction technology.
   (d) For the purposes of this section, "idle reduction technology"
has the same meaning as that set forth in Section 16104 of Title 42
of the United States Code.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.