Bill Text: CA SB961 | 2023-2024 | Regular Session | Amended


Bill Title: Vehicles: safety equipment.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-24 - From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 4.) (April 23). Re-referred to Com. on APPR. [SB961 Detail]

Download: California-2023-SB961-Amended.html

Amended  IN  Senate  April 16, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 961


Introduced by Senator Wiener

January 23, 2024


An act to add Chapter 14 (commencing with Section 14987) to Part 5.5 of Division 3 of Title 2 of the Government Code, and to add Section 34512 to, and to add Article 19 (commencing with Section 28170) to Chapter 5 of Division 12 of, and to add Section 34512 to, the Vehicle Code, relating to vehicles.


LEGISLATIVE COUNSEL'S DIGEST


SB 961, as amended, Wiener. Vehicles: safety equipment.
Under existing law, the Department of the California Highway Patrol regulates the safe operation of specified vehicles, including motortrucks of 3 or more axles that are more than 10,000 pounds, truck tractors, trailers, semitrailers, and buses. Existing federal law regulates required safety equipment on vehicles, including rear impact guards on certain large trucks to prevent rear underrides in collisions with passenger vehicles.
This bill would require certain trucks and trailers to also be equipped with side guards, as specified. The bill would also require the department to adopt rules and regulations requiring driver inspections of side guards and requiring the department to inspect side guards that have been involved in collisions.
Existing law prohibits a person from driving a vehicle upon a highway at a speed greater than the speed limit.
This bill would require 50% of certain vehicles, commencing with the 2027 2029 model year, to be equipped with an a passive intelligent speed limiter, assistance system, as specified, that would limit utilize visual and audio signals to alert the driver if the speed of the vehicle to 10 is more than 5 miles per hour over the speed limit. The bill would require all specified vehicles, commencing with the 2032 model year, to be equipped in the above-described manner. The bill would require the system, if the system receives conflicting speed limits for the same area, to apply the higher speed limit. The bill would exempt emergency vehicles from this requirement and would authorize the Commissioner of the California Highway Patrol to authorize the permanent disabling of the system on other vehicles based on specified criteria.
A violation of either of these prohibitions the above requirements would be punishable as a crime.
By creating a new criminal offense, this bill would impose a state-mandated local program.
Existing law authorizes the Director of General Services to perform certain duties, including, among others, developing specialized consideration of all traffic problems of the state.
This bill would require the Office of Fleet and Asset Management, within the Department of General Services, to establish a pilot program that equips state vehicles with an active intelligent speed system, as defined. The bill would require the department to equip the designated vehicles with the system for a minimum of 12 months, and collect certain data. The bill would require the office, on or before January 1, 2027, and each January 1 thereafter until 2030, to report the impact of the program to the Legislature. The bill would authorize the department to discontinue the program if the department determines that it is not technologically feasible to meet the needs of the state while fulfilling the requirements of the 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Chapter 14 (commencing with Section 14987) is added to Part 5.5 of Division 3 of Title 2 of the Government Code, to read:
CHAPTER  14. State Vehicle Fleet Pilot Program

14987.
 (a) As used in this section, “active intelligent speed assistance system” means a vehicle system that uses, at minimum, the GPS location of the vehicle compared with a database of posted speed limits, to determine the speed limit, and prevents throttle input once a vehicle exceeds a specified speed threshold related to the speed limit. An active intelligent speed assistance system shall be capable of being temporarily disabled by the driver of the vehicle.
(b) The Office of Fleet and Asset Management (OFAM) within the Department of General Services shall establish a pilot program that equips a set of vehicles in the state vehicle fleet with an active intelligent speed system.
(c) The department shall determine the size of the set of vehicles in its fleet to equip with the active intelligent speed assistance system. The department shall install the active intelligent speed assistance system in at least a sufficient number of vehicles to ensure a statistically valid sample.
(d) The department shall equip the vehicles with the active intelligent speed assistance technology for at least 12 months.
(e) The department shall collect and analyze data regarding the safety, efficacy, and maintenance of the equipped vehicles. At a minimum, data regarding vehicle speed, instances of hard braking or rapid acceleration, and the number of instances that the active intelligent speed assistance system is engaged, shall be collected and analyzed.
(f) By January 1, 2027, and annually thereafter until January 1, 2030, OFAM shall prepare and submit, consistent with Section 9795, a report to the Legislature on the impact of the pilot program on safety, efficacy, and vehicle maintenance.
(g) If the department determines that it is not technologically feasible to meet the needs of the state while fulfilling the requirements of this section, the department shall hold a public hearing to make that finding, notify the Secretary of State of the finding, and cease to implement this section.

SECTION 1.SEC. 2.

 Article 19 (commencing with Section 28170) is added to Chapter 5 of Division 12 of the Vehicle Code, to read:
Article  19. Speed Limiter Assistance Technology

28170.
 (a) As used in this article, “intelligent speed limiter system” “passive intelligent speed assistance system” means an integrated vehicle system that uses, at minimum, the GPS location of the vehicle compared with a database of posted speed limits, to determine the speed limit, and electronically limits the speed of the vehicle to prevent the driver from exceeding the speed limit by more than 10 miles per hour. utilizes visual and audio signals to alert the driver while they are exceeding the speed limit by more than five miles per hour.
(b) If an intelligent speed assistance system receives conflicting speed limits for the same area, the system shall utilize the higher speed limit.

28171.
 (a) Commencing with the 2027 2029 model year, every passenger vehicle, motortruck, and bus 50 percent of passenger vehicles, motortrucks, and buses manufactured or sold in the state shall be equipped with an a passive intelligent speed limiter assistance system.

(b)An intelligent speed limiter system required by this section shall operate passively and shall only be capable of being temporarily disabled by the driver of the vehicle.

(b) Commencing with the 2032 model year, every passenger vehicle, motortruck, and bus manufactured or sold in the state shall be equipped with a passive intelligent speed assistance system.
(c) An A passive intelligent speed limiter assistance system shall be capable of being fully disabled by the manufacturer or a franchisee, but only as provided in Section 28172.

28172.
 (a) Section 28171 does not apply to any vehicle sold as an authorized emergency vehicle.
(b) An A passive intelligent speed limiter assistance system may be permanently disabled on any authorized emergency vehicle or any vehicle for which written authorization has been received by the commissioner.
(c) The commissioner may, in the commissioner’s discretion, authorize the disabling of an a passive intelligent speed limiter assistance system in any vehicle if, based on the specialized usage of the vehicle, the disabling of the system is reasonable, practical, and would not pose a risk to public safety.

SEC. 2.SEC. 3.

 Section 34512 is added to the Vehicle Code, to read:

34512.
 (a) Every Except as provided in subdivision (d), every motortruck, trailer, or semitrailer, having a gross vehicle weight rating exceeding 10,000 pounds, that is manufactured, sold, or registered in the state shall be equipped with functional side guards on both lateral sides of the vehicle.
(b) The department shall adopt rules and regulations as follows:
(1) To require inspection by the department of the side guards of any vehicle involved in a collision impacting the side guards.
(2) To require drivers of vehicles equipped with side guards to conduct regular inspections of side guards for damage and functionality and to repair or replace damaged units as necessary.
(c) As used in this section, “side guard” means a lateral protection system that meets both of the following requirements:
(1) Is able to provide vehicle crash protection for a midsize car to prevent the intrusion of the occupant survival space when struck at any location and from any angle ay at any speed up to 40 miles per hour.
(2) Physically covers and protects any exposed space between the front and rear wheels of the motortruck, trailer, or semitrailer.
(d) This section does not apply to a pickup truck as defined in Section 471, but notwithstanding Section 471, including a pickup truck equipped with a utility body.

SEC. 3.SEC. 4.

 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.
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