Bill Text: CA AB1684 | 2013-2014 | Regular Session | Amended
Bill Title: Vehicles: length limitations: buses: bicycle transportation devices.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-04-28 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB1684 Detail]
Download: California-2013-AB1684-Amended.html
BILL NUMBER: AB 1684 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Chávez
FEBRUARY 13, 2014
An act to amend Section 35400 of add
Section 35400.10 to the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 1684, as amended, Chávez. Vehicles: maximum length.
length limitations: buses: bicycle transportation
devices.
Existing law imposes a 40-foot limitation on the length of
vehicles that may be operated on the highways, with specified
exemptions. Existing law exempts from this limitation an articulated
bus or trolley and a bus, except a schoolbus, that is operated by a
public agency or passenger stage corporation that is used in a
transit system if it is equipped with a folding device attached to
the front of the vehicle that is designed and used exclusively for
transporting bicycles, does not materially affect efficiency or
visibility of vehicle safety equipment, and does not extend more than
36 inches from the front of the body of the bus or trolley when
fully deployed. In addition, existing law prohibits a bicycle that is
transported on the above-described device from having the bicycle
handlebars extend more than 42 inches from the front of the vehicle.
This bill would authorize the North County Transit District to
install folding devices attached to the front of its buses that are
designed and used exclusively for transporting bicycles if the use of
the device meets certain requirements, including, but not limited
to, that the device does not extend more than 43 inches from the
front of the bus, or more than 36 inches from the front bumper, when
fully deployed, and that the handlebars of the bicycles being
transported do not extend more than 49 inches from the front of the
bus, or more than 42 inches from the front bumper. This bill would
also establish, for a specified purpose, a route review committee
prior to the installation of the initial folding device on a bus that
is more than 40 feet in length. This bill would require the
committee to perform an initial review of the routes on which the
district proposes to operate a bus that is longer than 40 feet and
that is equipped with a front-mounted bicycle rack, and would require
the committee to make a determination of, by unanimous vote of all
members, the routes that are suitable for the safe operation of those
types of buses. The bill would require the district to submit a
report, containing specified requirements, to the Assembly Committee
on Transportation and the Senate Committee on Transportation and
Housing on or before December 31, 2020.
This bill would make legislative findings and declarations as to
the necessity of a special statute for the North County Transit
District.
Existing law generally prohibits a vehicle from exceeding a length
of 40 feet, and a combination of vehicles from exceeding a total
length of 65 feet, with various specific exceptions, including a bus
operated by a public agency or a passenger stage corporation, as
defined, used in transit system service, other than a schoolbus, when
the excess length is caused by a folding device attached to the
front of the bus that is designed and used exclusively for
transporting bicycles.
This bill would make a technical, nonsubstantive change to that
provision.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
AB 1684, as amended, Chávez. Vehicles: maximum length.
length limitations: buses: bicycle transportation
devices.
Existing law imposes a 40-foot limitation on the length of
vehicles that may be operated on the highways, with specified
exemptions. Existing law exempts from this limitation an articulated
bus or trolley and a bus, except a schoolbus, that is operated by a
public agency or passenger stage corporation that is used in a
transit system if it is equipped with a folding device attached to
the front of the vehicle that is designed and used exclusively for
transporting bicycles, does not materially affect efficiency or
visibility of vehicle safety equipment, and does not extend more than
36 inches from the front of the body of the bus or trolley when
fully deployed. In addition, existing law prohibits a bicycle that is
transported on the above-described device from having the bicycle
handlebars extend more than 42 inches from the front of the vehicle.
This bill would authorize the North County Transit District to
install folding devices attached to the front of its buses that are
designed and used exclusively for transporting bicycles if the use of
the device meets certain requirements, including, but not limited
to, that the device does not extend more than 43 inches from the
front of the bus, or more than 36 inches from the front bumper, when
fully deployed, and that the handlebars of the bicycles being
transported do not extend more than 49 inches from the front of the
bus, or more than 42 inches from the front bumper. This bill would
also establish, for a specified purpose, a route review committee
prior to the installation of the initial folding device on a bus that
is more than 40 feet in length. This bill would require the
committee to perform an initial review of the routes on which the
district proposes to operate a bus that is longer than 40 feet and
that is equipped with a front-mounted bicycle rack, and would require
the committee to make a determination of, by unanimous vote of all
members, the routes that are suitable for the safe operation of those
types of buses. The bill would require the district to submit a
report, containing specified requirements, to the Assembly Committee
on Transportation and the Senate Committee on Transportation and
Housing on or before December 31, 2020.
This bill would make legislative findings and declarations as to
the necessity of a special statute for the North County Transit
District.
Existing law generally prohibits a vehicle from exceeding a length
of 40 feet, and a combination of vehicles from exceeding a total
length of 65 feet, with various specific exceptions, including a bus
operated by a public agency or a passenger stage corporation, as
defined, used in transit system service, other than a schoolbus, when
the excess length is caused by a folding device attached to the
front of the bus that is designed and used exclusively for
transporting bicycles.
This bill would make a technical, nonsubstantive change to that
provision.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 35400.10 is added to
the Vehicle Code , to read:
35400.10. (a) Notwithstanding Section 35400, the North County
Transit District, created pursuant to Division 11.5 (commencing with
Section 125000) of the Public Utilities Code, may install a folding
device attached to the front of a bus that is designed and used
exclusively for transporting bicycles if all of the following
conditions are met:
(1) The device does not extend more than 43 inches from the front
body of the bus, or more than 36 inches from the front bumper, when
fully deployed.
(2) The device, including all bicycles transported on the device,
is mounted in a manner that does not materially affect efficiency or
visibility of vehicle safety equipment.
(3) The handlebars of a bicycle that is transported on a device
described in this subdivision do not extend more than 49 inches from
the front of the bus, or more than 42 inches from the front bumper.
(4) The total length of the bus, including the folding device and
load, does not exceed 45 feet.
(b) For purposes of this section, "district" means the North
County Transit District.
(c) (1) The district shall establish a route review committee
prior to the installation of the initial folding device, pursuant to
subdivision (a), on a bus that is more than 40 feet in length. The
purpose of the committee is to ensure the safe operation of a bus
that is longer than 40 feet and that is equipped with a front-mounted
bicycle rack.
(2) The committee established pursuant to this subdivision shall
perform an initial review of the routes on which the district
proposes to operate a bus that is longer than 40 feet and that is
equipped with a front-mounted bicycle rack. The review shall include
a field review of the proposed routes, including consultation with
licensed traffic engineers from affected public agencies that have
jurisdiction over segments of the route or routes under review in
order to ensure coordination with all affected state and local public
road agencies that may potentially be impacted due to the operation
of a bus that is longer than 40 feet and that is equipped with a
front-mounted bicycle rack.
(3) (A) By unanimous vote of all members, the committee shall make
a determination of the routes that are suitable for the safe
operation of a bus that is longer than 40 feet and that is equipped
with a front-mounted bicycle rack.
(B) Before conducting a vote pursuant to subparagraph (A), the
committee shall obtain certification approved by a licensed traffic
engineer that all proposed routes are safe for travel by buses that
are longer than 40 feet and that are equipped with front-mounted
bicycle racks specified in subdivision (a).
(4) Upon any proposal to make substantive changes to additions to
approved routes, those changes shall be subject to review and
certification pursuant to paragraph (2) prior to being approved by
the committee.
(5) The members of the committee shall be selected not more than
30 days after receipt of the district's proposal to equip a bus that
is longer than 40 feet with a front-mounted bicycle rack and shall be
comprised of the following members:
(A) One member from the district who shall be appointed by the
district's general manager and who shall be a voting member of the
committee.
(B) One member who is a licensed traffic engineer selected by the
governing board of the district and who shall be a voting member of
the committee.
(C) One member appointed by the labor organization that is the
exclusive representative of the bus drivers of the district. This
member shall be a voting member of the committee.
(D) One member appointed by the governing board of the district
who shall be a representative of the bicycling community and who
shall reside within the area of the district jurisdiction. This
member shall be a nonvoting member of the committee.
(d) If a folding device is installed pursuant to subdivision (a),
the district shall submit a report in compliance with Section 9795 of
the Government Code to the Assembly Committee on Transportation and
the Senate Committee on Transportation and Housing on or before
December 31, 2020. The report shall include a summary of any
vehicular or traffic incidents where the size of the folding device
was a factor, and a summary of the mobility improvements that these
folding devices provide.
SEC. 2. The Legislature finds and declares that a
special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the unique circumstances of a
large number of bicycle riders using buses operated by the North
County Transit District and the need to determine whether there are
safety considerations in having 43-inch bicycle racks on the front of
the district's buses.
SECTION 1. Section 35400 of the Vehicle Code is
amended to read:
35400. (a) A vehicle may not exceed a length of 40 feet.
(b) This section does not apply to any of the following:
(1) A vehicle used in a combination of vehicles when the excess
length is caused by auxiliary parts, equipment, or machinery not used
as space to carry any part of the load, except that the combination
of vehicles shall not exceed the length provided for combination
vehicles.
(2) A vehicle, when the excess length is caused by any parts
necessary to comply with the fender and mudguard regulations of this
code.
(3) (A) An articulated bus or articulated trolley coach that does
not exceed a length of 60 feet.
(B) An articulated bus or articulated trolley coach described in
subparagraph (A) may be equipped with a folding device attached to
the front of the bus or trolley if the device is designed and used
exclusively for transporting bicycles. The device, including any
bicycles transported thereon, shall be mounted in a manner that does
not materially affect efficiency or visibility of vehicle safety
equipment, and shall not extend more than 36 inches from the front
body of the bus or trolley coach when fully deployed. The handlebars
of a bicycle that is transported on a device described in this
subparagraph shall not extend more than 42 inches from the front of
the bus.
(4) A semitrailer while being towed by a motortruck or truck
tractor, if the distance from the kingpin to the rearmost axle of the
semitrailer does not exceed 40 feet for semitrailers having two or
more axles, or 38 feet for semitrailers having one axle if the
semitrailer does not, exclusive of attachments, extend forward of the
rear of the cab of the motortruck or truck tractor.
(5) A bus or house car when the excess length is caused by the
projection of a front safety bumper or a rear safety bumper, or both.
The safety bumper shall not cause the length of the vehicle to
exceed the maximum legal limit by more than one foot in the front and
one foot in the rear. For the purposes of this chapter, "safety
bumper" means any device that is fitted on an existing bumper or
which replaces the bumper and is constructed, treated, or
manufactured to absorb energy upon impact.
(6) A schoolbus, when the excess length is caused by the
projection of a crossing control arm. For the purposes of this
chapter, "crossing control arm" means an extendable and retractable
device fitted to the front of a schoolbus that is designed to impede
movement of pupils exiting the schoolbus directly in front of the
schoolbus so that pupils are visible to the driver while they are
moving in front of the schoolbus. An operator of a schoolbus shall
not extend a crossing control arm while the schoolbus is in motion.
Except when activated, a crossing control arm shall not cause the
maximum length of the schoolbus to be extended by more than 10
inches, inclusive of any front safety bumper. Use of a crossing
control arm by the operator of a schoolbus does not, in and of
itself, fulfill his or her responsibility to ensure the safety of
students crossing a highway or private road pursuant to Section
22112.
(7) A bus, when the excess length is caused by a device, located
in front of the front axle, for lifting wheelchairs into the bus.
That device shall not cause the length of the bus to be extended by
more than 18 inches, inclusive of any front safety bumper.
(8) A bus, when the excess length is caused by a device attached
to the rear of the bus designed and used exclusively for the
transporting of bicycles. This device may be up to 10 feet in length,
if the device, along with any other device permitted pursuant to
this section, does not cause the total length of the bus, including
any device or load, to exceed 50 feet.
(9) A bus operated by a public agency or a passenger stage
corporation, as defined in Section 226 of the Public Utilities Code,
used in transit system service, other than a schoolbus, when the
excess length is caused by a folding device attached to the front of
the bus that is designed and used exclusively for transporting
bicycles. The device, including any bicycles transported thereon,
shall be mounted in a manner that does not materially affect
efficiency or visibility of vehicle safety equipment, and shall not
extend more than 36 inches from the front body of the bus when fully
deployed. The handlebars of a bicycle that is transported on a device
described in this paragraph shall not extend more than 42 inches
from the front of the bus. A device described in this paragraph may
not be used on a bus that, exclusive of the device, exceeds 40 feet
in length or on a bus having a device attached to the rear of the bus
pursuant to paragraph (8).
(10) (A) A bus of a length of up to 45 feet when operating on
those highways specified in subdivision (a) of Section 35401.5. The
Department of Transportation or local authorities, with respect to
highways under their respective jurisdictions, may not deny
reasonable access to a bus of a length of up to 45 feet between the
highways specified in subdivision (a) of Section 35401.5 and points
of loading and unloading for motor carriers of passengers as required
by the federal Intermodal Surface Transportation Efficiency Act of
1991 (P.L. 102-240).
(B) A bus operated by a public agency and on those highways
specified in subparagraph (A) may be equipped with a folding device
attached to the front of the bus that is designed and used
exclusively for transporting bicycles. The device, including all
bicycles transported thereon, may be mounted in a manner that does
not materially affect efficiency or visibility of vehicle safety
equipment, and may not extend more than 36 inches from the front body
of the bus when fully deployed. The handlebars of a bicycle that is
transported on a device described in this subparagraph may not extend
more than 42 inches from the front of the bus. The total length of
the bus, including the folding device or load, may not exceed 48.5
feet. A Route Review Committee, established under this subparagraph,
shall review the routes where a public agency proposes to operate a
45-foot bus equipped with a front mounted bicycle rack. The Route
Review Committee shall be comprised of one member from the public
agency appointed by the general manager of the public agency; one
member who is a traffic engineer and is employed and selected by the
public agency that has jurisdiction over the largest proportional
share of routes among all affected agencies; and one member appointed
by the labor organization that is the exclusive representative of
the bus drivers of the public agency. If there is no exclusive
representative of the bus drivers, a bus driver member shall be
chosen by a majority vote of the bus drivers employed by the agency.
The members of the Route Review Committee shall be selected not more
than 30 days after receipt of a public agency proposal to equip a
45-foot bus with a front mounted bicycle rack. The review shall
include a field review of the proposed routes. The purpose of the
Route Review Committee is to ensure the safe operation of a 45-foot
bus that is equipped with a front mounted bicycle rack. The Route
Review Committee, by a unanimous vote, shall make a determination of
which routes are suitable for the safe operation of a 45-foot bus
that is equipped with a front mounted bicycle rack. These
determinations shall be consistent with the operating requirements
specified in subparagraph (A). It is the intent of the Legislature
that the field review required under this subparagraph include
consultation with traffic engineers from affected public agencies
that have jurisdiction over segments of the route or routes under
review, to ensure coordination with all effected state and local
public road agencies that may potentially be impacted due to the
operation of a 45-foot bus with a front mounted bicycle rack.
(11) (A) A house car of a length of up to 45 feet when operating
on the National System of Interstate and Defense Highways or when
using those portions of federal aid primary system highways that have
been qualified by the United States Secretary of Transportation for
that use, or when using routes appropriately identified by the
Department of Transportation or local authorities, with respect to
highways under their respective jurisdictions.
(B) A house car described in subparagraph (A) may be operated on a
highway that provides reasonable access to facilities for purposes
limited to fuel, food, and lodging when that access is consistent
with the safe operation of the vehicle and when the facility is
within one road mile of identified points of ingress and egress to or
from highways specified in subparagraph (A) for use by that vehicle.
(C) As used in this paragraph and paragraph (10), "reasonable
access" means access substantially similar to that authorized for
combinations of vehicles pursuant to subdivision (c) of Section
35401.5.
(D) Any access route established by a local authority pursuant to
subdivision (d) of Section 35401.5 is open for access by a house car
of a length of up to 45 feet. In addition, local authorities may
establish a process whereby access to services by house cars of a
length of up to 45 feet may be applied for upon a route not
previously established as an access route. The denial of a request
for access to services shall be only on the basis of safety and an
engineering analysis of the proposed access route. In lieu of
processing an access application, local authorities, with respect to
highways under their jurisdiction, may provide signing, mapping, or a
listing of highways, as necessary, to indicate the use of these
specific routes by a house car of a length of up to 45 feet.
(c) The Legislature, by increasing the maximum permissible kingpin
to rearmost axle distance to 40 feet effective January 1, 1987, as
provided in paragraph (4) of subdivision (b), does not intend this
action to be considered a precedent for any future increases in truck
size and length limitations.
(d) Any transit bus equipped with a folding device installed on or
after January 1, 1999, that is permitted under subparagraph (B) of
paragraph (3) of subdivision (b) or under paragraph (9) of
subdivision (b) shall be additionally equipped with any of the
following:
(1) An indicator light that is visible to the driver and is
activated whenever the folding device is in an extended position.
(2) Any other device or mechanism that provides notice to the
driver that the folding device is in an extended position.
(3) A mechanism that causes the folding device to retract
automatically from an extended position.
(e) (1) A person may not improperly or unsafely mount a bicycle on
a device described in subparagraph (B) of paragraph (3) of
subdivision (b), or in paragraph (9) or (10) of subdivision (b).
(2) Notwithstanding subdivision (a) of Section 23114 or
subdivision (a) of Section 24002 or any other provision of law, when
a bicycle is improperly or unsafely loaded by a passenger onto a
transit bus, the passenger, and not the driver, is liable for any
violation of this code that is attributable to the improper or
unlawful loading of the bicycle.
SECTION 1. Section 35400.10 is added to
the Vehicle Code , to read:
35400.10. (a) Notwithstanding Section 35400, the North County
Transit District, created pursuant to Division 11.5 (commencing with
Section 125000) of the Public Utilities Code, may install a folding
device attached to the front of a bus that is designed and used
exclusively for transporting bicycles if all of the following
conditions are met:
(1) The device does not extend more than 43 inches from the front
body of the bus, or more than 36 inches from the front bumper, when
fully deployed.
(2) The device, including all bicycles transported on the device,
is mounted in a manner that does not materially affect efficiency or
visibility of vehicle safety equipment.
(3) The handlebars of a bicycle that is transported on a device
described in this subdivision do not extend more than 49 inches from
the front of the bus, or more than 42 inches from the front bumper.
(4) The total length of the bus, including the folding device and
load, does not exceed 45 feet.
(b) For purposes of this section, "district" means the North
County Transit District.
(c) (1) The district shall establish a route review committee
prior to the installation of the initial folding device, pursuant to
subdivision (a), on a bus that is more than 40 feet in length. The
purpose of the committee is to ensure the safe operation of a bus
that is longer than 40 feet and that is equipped with a front-mounted
bicycle rack.
(2) The committee established pursuant to this subdivision shall
perform an initial review of the routes on which the district
proposes to operate a bus that is longer than 40 feet and that is
equipped with a front-mounted bicycle rack. The review shall include
a field review of the proposed routes, including consultation with
licensed traffic engineers from affected public agencies that have
jurisdiction over segments of the route or routes under review in
order to ensure coordination with all affected state and local public
road agencies that may potentially be impacted due to the operation
of a bus that is longer than 40 feet and that is equipped with a
front-mounted bicycle rack.
(3) (A) By unanimous vote of all members, the committee shall make
a determination of the routes that are suitable for the safe
operation of a bus that is longer than 40 feet and that is equipped
with a front-mounted bicycle rack.
(B) Before conducting a vote pursuant to subparagraph (A), the
committee shall obtain certification approved by a licensed traffic
engineer that all proposed routes are safe for travel by buses that
are longer than 40 feet and that are equipped with front-mounted
bicycle racks specified in subdivision (a).
(4) Upon any proposal to make substantive changes to additions to
approved routes, those changes shall be subject to review and
certification pursuant to paragraph (2) prior to being approved by
the committee.
(5) The members of the committee shall be selected not more than
30 days after receipt of the district's proposal to equip a bus that
is longer than 40 feet with a front-mounted bicycle rack and shall be
comprised of the following members:
(A) One member from the district who shall be appointed by the
district's general manager and who shall be a voting member of the
committee.
(B) One member who is a licensed traffic engineer selected by the
governing board of the district and who shall be a voting member of
the committee.
(C) One member appointed by the labor organization that is the
exclusive representative of the bus drivers of the district. This
member shall be a voting member of the committee.
(D) One member appointed by the governing board of the district
who shall be a representative of the bicycling community and who
shall reside within the area of the district jurisdiction. This
member shall be a nonvoting member of the committee.
(d) If a folding device is installed pursuant to subdivision (a),
the district shall submit a report in compliance with Section 9795 of
the Government Code to the Assembly Committee on Transportation and
the Senate Committee on Transportation and Housing on or before
December 31, 2020. The report shall include a summary of any
vehicular or traffic incidents where the size of the folding device
was a factor, and a summary of the mobility improvements that these
folding devices provide.
SEC. 2. The Legislature finds and declares that a
special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the unique circumstances of a
large number of bicycle riders using buses operated by the North
County Transit District and the need to determine whether there are
safety considerations in having 43-inch bicycle racks on the front of
the district's buses.
SECTION 1. Section 35400 of the Vehicle Code is
amended to read:
35400. (a) A vehicle may not exceed a length of 40 feet.
(b) This section does not apply to any of the following:
(1) A vehicle used in a combination of vehicles when the excess
length is caused by auxiliary parts, equipment, or machinery not used
as space to carry any part of the load, except that the combination
of vehicles shall not exceed the length provided for combination
vehicles.
(2) A vehicle, when the excess length is caused by any parts
necessary to comply with the fender and mudguard regulations of this
code.
(3) (A) An articulated bus or articulated trolley coach that does
not exceed a length of 60 feet.
(B) An articulated bus or articulated trolley coach described in
subparagraph (A) may be equipped with a folding device attached to
the front of the bus or trolley if the device is designed and used
exclusively for transporting bicycles. The device, including any
bicycles transported thereon, shall be mounted in a manner that does
not materially affect efficiency or visibility of vehicle safety
equipment, and shall not extend more than 36 inches from the front
body of the bus or trolley coach when fully deployed. The handlebars
of a bicycle that is transported on a device described in this
subparagraph shall not extend more than 42 inches from the front of
the bus.
(4) A semitrailer while being towed by a motortruck or truck
tractor, if the distance from the kingpin to the rearmost axle of the
semitrailer does not exceed 40 feet for semitrailers having two or
more axles, or 38 feet for semitrailers having one axle if the
semitrailer does not, exclusive of attachments, extend forward of the
rear of the cab of the motortruck or truck tractor.
(5) A bus or house car when the excess length is caused by the
projection of a front safety bumper or a rear safety bumper, or both.
The safety bumper shall not cause the length of the vehicle to
exceed the maximum legal limit by more than one foot in the front and
one foot in the rear. For the purposes of this chapter, "safety
bumper" means any device that is fitted on an existing bumper or
which replaces the bumper and is constructed, treated, or
manufactured to absorb energy upon impact.
(6) A schoolbus, when the excess length is caused by the
projection of a crossing control arm. For the purposes of this
chapter, "crossing control arm" means an extendable and retractable
device fitted to the front of a schoolbus that is designed to impede
movement of pupils exiting the schoolbus directly in front of the
schoolbus so that pupils are visible to the driver while they are
moving in front of the schoolbus. An operator of a schoolbus shall
not extend a crossing control arm while the schoolbus is in motion.
Except when activated, a crossing control arm shall not cause the
maximum length of the schoolbus to be extended by more than 10
inches, inclusive of any front safety bumper. Use of a crossing
control arm by the operator of a schoolbus does not, in and of
itself, fulfill his or her responsibility to ensure the safety of
students crossing a highway or private road pursuant to Section
22112.
(7) A bus, when the excess length is caused by a device, located
in front of the front axle, for lifting wheelchairs into the bus.
That device shall not cause the length of the bus to be extended by
more than 18 inches, inclusive of any front safety bumper.
(8) A bus, when the excess length is caused by a device attached
to the rear of the bus designed and used exclusively for the
transporting of bicycles. This device may be up to 10 feet in length,
if the device, along with any other device permitted pursuant to
this section, does not cause the total length of the bus, including
any device or load, to exceed 50 feet.
(9) A bus operated by a public agency or a passenger stage
corporation, as defined in Section 226 of the Public Utilities Code,
used in transit system service, other than a schoolbus, when the
excess length is caused by a folding device attached to the front of
the bus that is designed and used exclusively for transporting
bicycles. The device, including any bicycles transported thereon,
shall be mounted in a manner that does not materially affect
efficiency or visibility of vehicle safety equipment, and shall not
extend more than 36 inches from the front body of the bus when fully
deployed. The handlebars of a bicycle that is transported on a device
described in this paragraph shall not extend more than 42 inches
from the front of the bus. A device described in this paragraph may
not be used on a bus that, exclusive of the device, exceeds 40 feet
in length or on a bus having a device attached to the rear of the bus
pursuant to paragraph (8).
(10) (A) A bus of a length of up to 45 feet when operating on
those highways specified in subdivision (a) of Section 35401.5. The
Department of Transportation or local authorities, with respect to
highways under their respective jurisdictions, may not deny
reasonable access to a bus of a length of up to 45 feet between the
highways specified in subdivision (a) of Section 35401.5 and points
of loading and unloading for motor carriers of passengers as required
by the federal Intermodal Surface Transportation Efficiency Act of
1991 (P.L. 102-240).
(B) A bus operated by a public agency and on those highways
specified in subparagraph (A) may be equipped with a folding device
attached to the front of the bus that is designed and used
exclusively for transporting bicycles. The device, including all
bicycles transported thereon, may be mounted in a manner that does
not materially affect efficiency or visibility of vehicle safety
equipment, and may not extend more than 36 inches from the front body
of the bus when fully deployed. The handlebars of a bicycle that is
transported on a device described in this subparagraph may not extend
more than 42 inches from the front of the bus. The total length of
the bus, including the folding device or load, may not exceed 48.5
feet. A Route Review Committee, established under this subparagraph,
shall review the routes where a public agency proposes to operate a
45-foot bus equipped with a front mounted bicycle rack. The Route
Review Committee shall be comprised of one member from the public
agency appointed by the general manager of the public agency; one
member who is a traffic engineer and is employed and selected by the
public agency that has jurisdiction over the largest proportional
share of routes among all affected agencies; and one member appointed
by the labor organization that is the exclusive representative of
the bus drivers of the public agency. If there is no exclusive
representative of the bus drivers, a bus driver member shall be
chosen by a majority vote of the bus drivers employed by the agency.
The members of the Route Review Committee shall be selected not more
than 30 days after receipt of a public agency proposal to equip a
45-foot bus with a front mounted bicycle rack. The review shall
include a field review of the proposed routes. The purpose of the
Route Review Committee is to ensure the safe operation of a 45-foot
bus that is equipped with a front mounted bicycle rack. The Route
Review Committee, by a unanimous vote, shall make a determination of
which routes are suitable for the safe operation of a 45-foot bus
that is equipped with a front mounted bicycle rack. These
determinations shall be consistent with the operating requirements
specified in subparagraph (A). It is the intent of the Legislature
that the field review required under this subparagraph include
consultation with traffic engineers from affected public agencies
that have jurisdiction over segments of the route or routes under
review, to ensure coordination with all effected state and local
public road agencies that may potentially be impacted due to the
operation of a 45-foot bus with a front mounted bicycle rack.
(11) (A) A house car of a length of up to 45 feet when operating
on the National System of Interstate and Defense Highways or when
using those portions of federal aid primary system highways that have
been qualified by the United States Secretary of Transportation for
that use, or when using routes appropriately identified by the
Department of Transportation or local authorities, with respect to
highways under their respective jurisdictions.
(B) A house car described in subparagraph (A) may be operated on a
highway that provides reasonable access to facilities for purposes
limited to fuel, food, and lodging when that access is consistent
with the safe operation of the vehicle and when the facility is
within one road mile of identified points of ingress and egress to or
from highways specified in subparagraph (A) for use by that vehicle.
(C) As used in this paragraph and paragraph (10), "reasonable
access" means access substantially similar to that authorized for
combinations of vehicles pursuant to subdivision (c) of Section
35401.5.
(D) Any access route established by a local authority pursuant to
subdivision (d) of Section 35401.5 is open for access by a house car
of a length of up to 45 feet. In addition, local authorities may
establish a process whereby access to services by house cars of a
length of up to 45 feet may be applied for upon a route not
previously established as an access route. The denial of a request
for access to services shall be only on the basis of safety and an
engineering analysis of the proposed access route. In lieu of
processing an access application, local authorities, with respect to
highways under their jurisdiction, may provide signing, mapping, or a
listing of highways, as necessary, to indicate the use of these
specific routes by a house car of a length of up to 45 feet.
(c) The Legislature, by increasing the maximum permissible kingpin
to rearmost axle distance to 40 feet effective January 1, 1987, as
provided in paragraph (4) of subdivision (b), does not intend this
action to be considered a precedent for any future increases in truck
size and length limitations.
(d) Any transit bus equipped with a folding device installed on or
after January 1, 1999, that is permitted under subparagraph (B) of
paragraph (3) of subdivision (b) or under paragraph (9) of
subdivision (b) shall be additionally equipped with any of the
following:
(1) An indicator light that is visible to the driver and is
activated whenever the folding device is in an extended position.
(2) Any other device or mechanism that provides notice to the
driver that the folding device is in an extended position.
(3) A mechanism that causes the folding device to retract
automatically from an extended position.
(e) (1) A person may not improperly or unsafely mount a bicycle on
a device described in subparagraph (B) of paragraph (3) of
subdivision (b), or in paragraph (9) or (10) of subdivision (b).
(2) Notwithstanding subdivision (a) of Section 23114 or
subdivision (a) of Section 24002 or any other provision of law, when
a bicycle is improperly or unsafely loaded by a passenger onto a
transit bus, the passenger, and not the driver, is liable for any
violation of this code that is attributable to the improper or
unlawful loading of the bicycle.
