Bill Text: CA AB1907 | 2017-2018 | Regular Session | Amended

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Bill Title: Vehicle loads.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-04-09 - In committee: Set, first hearing. Failed passage. Reconsideration granted. [AB1907 Detail]

Download: California-2017-AB1907-Amended.html

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Amended  IN  Assembly  March 19, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 1907

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Introduced by Assembly Member Choi

January 22, 2018

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An act to amend Section 23114 of 42001.4 of the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL'S DIGEST

AB 1907, as amended, Choi. Vehicle loads.

Existing law prohibits a person from operating a vehicle on any highway unless it is constructed, covered, or loaded as to prevent any of its contents or load, other than clear water or feathers from live birds, from escaping the vehicle. Under existing law, a violation of this provision is an infraction punishable by a fine determined by the Judicial Council. Existing law also requires a vehicle carrying animals to have the animals properly secured. Under existing law, a violation of this provision is an infraction punishable by a specified fine, set at escalating amounts for subsequent convictions.

This bill would make the penalty for driving with an unsecured load the same as the penalty for driving with animals that have not been properly secured.

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.

Except with respect to specified federal regulations related to the transport of hay and straw, existing law prohibits a vehicle from being driven or moved on a highway unless the vehicle is so constructed, covered, or loaded as to prevent any of its contents or load from dropping, sifting, leaking, blowing, spilling, or otherwise escaping from the vehicle, expect as specified. Under existing law, aggregate material, as defined, may be carried only in the cargo area of a vehicle, as specified.

This bill would make technical, nonsubstantive changes to those provisions.

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 42001.4 of the Vehicle Code is amended to read:

42001.4.

 Every person convicted of an infraction for violation of Section 23114 or 23117 shall be punished as follows:

(a) By a fine of not less than fifty dollars ($50) nor more than one hundred dollars ($100).

(b) For a second infraction occurring within one year of a prior infraction which resulted in a conviction, a fine of not less than seventy-five dollars ($75) nor more than two hundred dollars ($200).

(c) For a third or any subsequent infraction occurring within one year of two or more prior infractions which resulted in convictions, a fine of not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250).

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 23114 of the Vehicle Code is amended to read:

23114.

(a) Except as provided in Subpart I (commencing with Section 393.100) of Title 49 of the Code of Federal Regulations related to hay and straw, a vehicle shall not be driven or moved on a highway unless the vehicle is so constructed, covered, or loaded as to prevent any of its contents or load other than clear water or feathers from live birds from dropping, sifting, leaking, blowing, spilling, or otherwise escaping from the vehicle.

(b)(1)Aggregate material shall only be carried in the cargo area of a vehicle. The cargo area shall not contain any hole, crack, or opening through which that material may escape, regardless of the degree to which the vehicle is loaded, except as provided in paragraph (2).

(2)A vehicle used to transport aggregate materials, regardless of the degree to which the vehicle is loaded, shall be equipped with all of the following:

(A)Properly functioning seals on openings used to empty the load, including, but not limited to, bottom dump release gates and tailgates.

(B)Splash flaps behind every tire, or set of tires, regardless of the position on the truck, truck tractor, or trailer.

(C)Center flaps at a location to the rear of each bottom dump release gate as to trucks or trailers equipped with bottom dump release gates. The center flap may be positioned directly behind the bottom dump release gate and in front of the rear axle of the vehicle, or it may be positioned to the rear of the rear axle in line with the splash flaps required behind the tires. The width of the center flap may extend up to one inch from one sidewall to the opposite sidewall of the inside tires and shall extend to within five inches of the pavement surface, and may be not less than 24 inches from the bottom edge to the top edge of the center flap.

(D)Fenders starting at the splash flap with the leading edge of the fenders extending forward at least six inches beyond the center of the axle that cover the tops of tires not already covered by the truck, truck tractor, or trailer body.

(E)Complete enclosures on all vertical sides of the cargo area, including, but not limited to, tailgates.

(F)Shed boards designed to prevent aggregate materials from being deposited on the vehicle body during top loading.

(c)A vehicle comprised of full rigid enclosures is exempt only from subparagraphs (C) and (F) of paragraph (2) of subdivision (b).

(d)For purposes of this section, “aggregate material” means rock fragments, pebbles, sand, dirt, gravel, cobbles, crushed base, asphalt, and other similar materials.

(e)(1)In addition to subdivisions (a) and (b), a vehicle may not transport aggregate material upon a highway unless the material is covered.

(2)A vehicle transporting a load composed entirely of asphalt material is exempt only from the provisions of this section requiring that loads be covered.

(3)A vehicle transporting a load composed entirely of petroleum coke material is not required to cover its load if it is loaded using safety procedures, specialized equipment, and a chemical surfactant designed to prevent materials from blowing, spilling, or otherwise escaping from the vehicle.

(4)A vehicle transporting a load of aggregate material is not required to cover its load if the load, where it contacts the sides, front, and back of the cargo container area, remains six inches from the upper edge of the container area, and if the load does not extend, at its peak, above any part of the upper edge of the cargo container area.

(f)A person who provides a location for vehicles to be loaded with an aggregate material or other material shall provide a location for vehicle operators to comply with this section before entering a highway.

(1)A person is exempt from the requirements of this subdivision if the location that he or she provides for vehicles to be loaded with the materials described in this subdivision has 100 yards or less between the scale houses where the trucks carrying aggregate material are weighed and the point of egress to a public road.

(2)A driver of a vehicle loaded with aggregate material leaving a location exempted from the requirements of this subdivision is authorized to operate on a public road only until that driver is able to safely cover the load at a site near the location’s point of egress to the public road. Except as provided under paragraph (4) of subdivision (e), an uncovered vehicle described in this paragraph may not operate more than 200 yards from the point of egress to the public road.