Bill Text: CA AB1890 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Vehicles: toll highways: motorcycles.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Passed) 2012-07-10 - Chaptered by Secretary of State - Chapter 81, Statutes of 2012. [AB1890 Detail]

Download: California-2011-AB1890-Amended.html
BILL NUMBER: AB 1890	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 6, 2012
	AMENDED IN SENATE  MAY 3, 2012
	AMENDED IN ASSEMBLY  MARCH 28, 2012

INTRODUCED BY   Assembly Member Solorio
   (Coauthor: Assembly Member Jeffries)
   (Coauthor: Senator Cannella)

                        FEBRUARY 22, 2012

   An act to amend Section 23302 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1890, as amended, Solorio. Vehicles: toll highways:
motorcycles.
    Existing law prohibits any person, except as specified, from
driving any motor vehicle with any object or material placed,
displayed, installed, affixed, or applied in or upon the vehicle that
obstructs or reduces the driver's clear view through the windshield
or side windows. Existing law makes it unlawful for any person to
refuse to pay tolls or other charges on any vehicular crossing or
toll highway and requires, among other things, that if a transponder
or other electronic toll payment device is used to pay tolls or other
charges due, the device be located in or on the vehicle in a
location so as to be visible for the purpose of enforcement at all
times when the vehicle is located on the vehicular crossing or toll
highway.  A violation of these provisions is an infraction.

   This bill would require a motorcyclist to instead use any one of 5
specified methods when using a transponder or other electronic toll
payment device to pay tolls or other charges when entering a vehicle
crossing or toll highway.
   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 23302 of the Vehicle Code is amended to read:
   23302.  (a) (1) It is unlawful for a  person 
 driver  to fail to pay tolls or other charges on any
vehicular crossing or toll highway. Except as otherwise provided in
subdivision (b), (c), or (d), it is prima facie evidence of a
violation of this section for a person to  enter upon
  drive a vehicle onto  any vehicular crossing 
or   toll highway  without either lawful money of the
United States in the  person's   driver's 
immediate possession in an amount sufficient to pay the prescribed
tolls or other charges due from that  person  
driver  or a transponder or other electronic toll payment device
associated with a valid Automatic Vehicle Identification account
with a balance sufficient to pay those tolls.
   (2) Except as specified in paragraph (3), if a transponder or
other electronic toll payment device is used to pay tolls or other
charges due, the device shall be located in or on the vehicle in a
location so as to be visible for the purpose of enforcement at all
times when the vehicle is located on the vehicular crossing or toll
highway. Where required by the operator of a vehicular crossing or
toll highway, this requirement applies even if the operator offers
free travel or nontoll accounts to certain classes of users.
   (3) If a motorcyclist uses a transponder or other electronic toll
payment device to lawfully enter a vehicle crossing or toll highway,
the motorcyclist shall use any one of the following methods as long
as the transponder or device is able to be read by the toll operator'
s detection equipment:
   (A) Place the transponder or other electronic toll payment device
in the motorcyclist's pocket.
   (B) Place the transponder or other electronic toll payment device
inside a cycle net that drapes over the gas tank of the motorcycle.
   (C) Mount the transponder or other electronic toll payment device
on license plate devices provided by the toll operator, if the toll
operator provides those devices.
   (D) Keep the transponder or other electronic toll payment device
in the glove or storage compartment of the motorcycle.
   (E) Mount the transponder or other electronic toll payment device
on the windshield of the motorcycle.
   (b) For vehicular crossings and toll highways that use electronic
toll collection as the only method of paying tolls or other charges,
it is prima facie evidence of a violation of this section for a
 person   driver  to  enter
  drive a vehicle onto  the vehicular crossing or
toll highway without a transponder or other electronic toll payment
device associated with a valid Automatic Vehicle Identification
account with a balance sufficient to pay those tolls.
   (c) For vehicular crossings and toll highways where the issuing
agency, as defined in Section 40250, permits pay-by-plate payment of
tolls and other charges, in accordance with policies adopted by the
issuing agency, it is prima facie evidence of a violation of this
section for a  person   driver  to 
enter   drive a vehicle onto  the vehicular
crossing or toll highway without at least one of the following:
   (1) Lawful money of the United States in the  person's
  driver's  immediate possession in an amount
sufficient to pay the prescribed tolls or other charges due from that
person.
   (2) A transponder or other electronic toll payment device
associated with a valid Automatic Vehicle Identification account with
a balance sufficient to pay those tolls.
   (3) Valid vehicle license plates properly attached pursuant to
Section 4850.5 or 5200 to the vehicle in which that  person
  driver  enters onto the vehicular crossing or
toll highway.
   (d) For vehicular crossings and toll highways where the issuing
agency, as defined in Section 40250, permits pay-by-plate payment of
tolls and other charges in accordance with policies adopted by the
issuing agency, and where electronic toll collection is the only
other method of paying tolls or other charges, it is prima facie
evidence of a violation of this section for a  person
  driver  to  enter   drive a
vehicle onto  the vehicular crossing or toll highway without
either a transponder or other electronic toll payment device
associated with a valid Automatic Vehicle Identification account with
a balance sufficient to pay those tolls or valid vehicle license
plates properly attached to the vehicle pursuant to Section 4850.5 or
5200 in which that  person   driver 
enters onto the vehicular crossing or toll highway.
   (e) As used in this article, "pay-by-plate toll payment" means an
issuing agency's use of on-road vehicle license plate identification
recognition technology to accept payment of tolls in accordance with
policies adopted by the issuing agency.
   (f) This section does not require an issuing agency to offer
pay-by-plate toll processing as a method for paying tolls.
       
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