Bill Text: CA AB538 | 2011-2012 | Regular Session | Amended
Bill Title: Vehicles: commercial vehicles: length restrictions:
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB538 Detail]
Download: California-2011-AB538-Amended.html
BILL NUMBER: AB 538 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 4, 2012
INTRODUCED BY Assembly Member Williams
FEBRUARY 16, 2011
An act to add Section 35412 to the Vehicle Code, relating to
vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 538, as amended, Williams. Vehicles: commercial vehicles:
length restrictions: State Route 33.
(1) Existing law prohibits any combination of vehicles coupled
together, including any attachments, from exceeding a total length of
65 feet, with certain, specified exceptions. Existing law authorizes
a city or county, by ordinance, to prohibit a combination of
vehicles of a total length in excess of 60 feet upon highways under
its respective jurisdiction, as specified. Existing law allows a
combination of vehicles to be operated with a
kingpin-to-rearmost-axle measurement of greater than 38 feet but not
more than 40 feet on those highways under the jurisdiction of local
authorities only where it is deemed to be safe by the owner of the
vehicle or the person operating the vehicle and where its operation
is not specifically prohibited by local ordinance. A violation of the
Vehicle Code is a crime.
This bill would prohibit a person from driving a commercial
vehicle with a kingpin-to-rearmost-axle length in excess of 30 feet
on the segment of State Route 33 (SR-33) that is located between the
county boundary delineating the Counties of Santa Barbara and Ventura
and the Camino Cielo Road near the City of Ojai. The bill would
also make legislative findings and declarations.
The bill would require a person who violates this provision to be
punished, upon conviction, by a specified fine based on the weight of
the vehicle or $1,000, whichever is greater. Because the bill would
create a new crime, it would impose a state-mandated local program.
The bill would also require the Department of Transportation to erect
suitable signs at each end of the portion of SR-33, as specified
above, and any other points that the department deems necessary to
give adequate notice of the prohibition.
(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 35412 is added to the Vehicle Code, to read:
35412. (a)
35412. (a) The Legislature
finds and declares all of the following:
(1) The Department of Transportation submitted a report to the
Legislature titled "Truck Kingpin-to-Rear Axle Length State Highway
System Evaluation" that found State Route 33 from El Robar Road to
the Santa Barbara County line is geometrically inadequate for use by
any commercial vehicle with a kingpin to rear axle length greater
than 30 feet.
(2) The Department of Transportation has posted on its Internet
Web site that portions of State Route 33 within the County of Ventura
is a California Legal Advisory Route that should not be used by
trucks with a kingpin to rear axle length greater than 30 feet.
(3) The report to the Legislature recommends providing the
Department of Transportation the authority to install regulatory
signing based on the consideration of public safety and that of the
kingpin to rear axle length for a specific route.
(4) It is the intent of the Legislature to provide the Department
of Transportation the authority to install regulatory signing for
that section of State Route 33 as specified in subdivision (b).
(b) Except as provided in subdivision
(b) (c) , a person shall not drive a
commercial vehicle with a kingpin-to-rearmost-axle length in excess
of 30 feet on the segment of State Route 33 (SR-33) that is located
between the county boundary delineating the Counties of Santa Barbara
and Ventura and the Camino Cielo Road near the City of Ojai.
(b)
(c) Subdivision (a) (b)
does not apply to any of the following vehicles:
(1) An authorized emergency vehicle.
(2) A vehicle operated by a publicly or privately owned public
utility.
(3) A vehicle operated by a government agency.
(4) A tow truck providing assistance to a vehicle that is
accessible only from that portion of SR-33 specified in subdivision
(a) (b) .
(5) A commercial vehicle involved in a motion picture, commercial,
or television production conducting motion picture, commercial, or
television production activities in areas that are accessible only
from that portion of SR-33 specified in subdivision (a)
(b) .
(c)
(d) A person who violates this section shall, upon
conviction, be punished by a fine pursuant to subdivision (a) of
Section 42030 or one thousand dollars ($1,000), whichever is greater.
(d)
(e) The Department of Transportation shall erect
suitable signs at each end of the portion of SR-33 specified in
subdivision (a) (b) and any other
points that the department deems necessary to give adequate notice of
the prohibition pursuant to this section.
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.
