Bill Text: CA AB972 | 2017-2018 | Regular Session | Amended

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Bill Title: Vehicles: driving offenses: labeling items.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2018-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB972 Detail]

Download: California-2017-AB972-Amended.html

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Amended  IN  Assembly  March 28, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 972

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Introduced by Assembly Member Choi

February 16, 2017

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An act to amend Section 2803 of the Vehicle Code, relating to vehicles. add Section 23115.5 to the Vehicle Code, relating to driving offenses.

LEGISLATIVE COUNSEL'S DIGEST

AB 972, as amended, Choi. Vehicles: lawful orders and inspections. Vehicles: driving offenses: labeling items.

Existing law authorizes a traffic officer with reason to believe that a vehicle is not safely loaded or that the measurements of a vehicle’s load are unlawful to require the driver to stop and submit to an inspection, measurement, or weighing of the vehicle. Existing law authorizes a traffic officer who determines that the vehicle is not safely loaded or that the measurements of the vehicle’s load are unlawful to require the driver to stop and reload or remove a portion of the load as necessary to make the vehicle load safe. A violation of the Vehicle Code is punishable as an infraction.

This bill would require a driver transporting any item that measures longer than 12 inches in length and weighs more than 5 pounds, except as specified, in the cargo area of a vehicle traveling on a highway to affix a label containing information that can be used to identify or contact the owner of the item. A violation of this requirement is an infraction punishable by a fine of $100 for a first offense, $200 for a 2nd offense occurring within one year of a prior offense, or $300 for a 3rd or subsequent offense occurring within one year of 2 or more prior offenses. By creating a new crime, this bill would impose a state-mandated local program.

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.

Under existing law, a traffic officer having reason to believe that a vehicle is not safely loaded or that the height, width, length, or weight of a vehicle and load is unlawful, may require the driver to stop and submit to an inspection, measurement, or weighing of the vehicle. Under existing law, if the traffic officer determines that the vehicle is not safely loaded or that the height, width, length, or weight is unlawful, he or she may require the driver to stop in a suitable place and reload or remove whatever portion of the load is necessary to render the load safe or to reduce it to the limits permitted under the Vehicle Code.

This bill would make technical, nonsubstantive changes to the latter provision.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 23115.5 is added to the Vehicle Code, to read:

23115.5.

 (a) A driver transporting any item that measures longer than 12 inches in length and weighs more than five pounds in the cargo area of a vehicle traveling on a highway shall affix a label to the item containing information that can be used to identify or contact the owner of the item.

(b) Subdivision (a) shall not apply to clear water, feathers from live birds, aggregate materials, as defined in subdivision (d) of Section 23114, any item described in subdivision (a) of Section 23115, any agricultural product or livestock animal, or any other item that is stored in the cargo area of a vehicle that is completely covered in a way that the item cannot fall free from the vehicle.

(c) Notwithstanding any other law, a violation of subdivision (a) is an infraction punishable as follows:

(1) By a fine of one hundred dollars ($100) for a first offense.

(2) By a fine of two hundred dollars ($200) for a second offense occurring within one year of a prior offense.

(3) By a fine of three hundred dollars ($300) for a third or subsequent offense occurring within one year of two or more prior offenses.

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.

SECTION 1.Section 2803 of the Vehicle Code is amended to read:

2803.

(a)If the traffic officer determines that the vehicle is not safely loaded or that the height, width, length, or weight is unlawful, he or she may require the driver to stop in a suitable place and reload or remove whatever portion of the load is necessary to render the load safe or to reduce it to the limits permitted under this code. A suitable place is an area that allows the least obstruction to the highway and that requires the least travel on the highway by the vehicle. Determination of the suitability of an area shall be made by the traffic officer who requires the adjustment. All material so unloaded shall be cared for by the owner or operator of the vehicle at the risk of the owner or operator.

(b)If a certified weight certificate or bill of lading accompanies a vehicle that has been determined to be overweight due to the load on the vehicle, the driver shall submit the certified weight certificate or bill of lading, whichever is appropriate, to the traffic officer when the overweight load is removed in the presence of the officer. The officer may note on the certified weight certificate or bill of lading submitted by the driver the fact that a portion of the load has been removed to bring the vehicle and load within the allowable weight limit specified in this code, and the officer shall return the certificate or bill of lading to the driver.

(c)If the height, width, or length of the vehicle is unlawful, irrespective of any load on the vehicle, or if an unladen vehicle is overweight, the traffic officer may prohibit further movement of the vehicle until a permit is obtained as provided in Section 35780.