Bill Text: CA SB1155 | 2011-2012 | Regular Session | Introduced
Bill Title: Vehicles: combination length.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2012-06-18 - Set, second hearing. Failed passage in committee. [SB1155 Detail]
Download: California-2011-SB1155-Introduced.html
BILL NUMBER: SB 1155 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Cannella
FEBRUARY 21, 2012
An act to amend, repeal, and add Section 35401 of the Vehicle
Code, relating to vehicles, and declaring the urgency thereof, to
take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 1155, as introduced, Cannella. Vehicles: combination length.
(1) Existing law prohibits any combination of vehicles coupled
together, including any attachments, from exceeding a total length of
65 feet, with certain, specified exemptions. Existing law further
exempts a combination of vehicles coupled together, including
attachments from the specified length limitation, and authorizes the
combination to have a length of not more than 75 feet if the
combination consists of a truck tractor, a semitrailer, or a
semitrailer or trailer, and the length of neither the semitrailer nor
the trailer in the combination of vehicles exceeds 28 feet 6 inches.
This bill would, until January 1, 2018, exempt from the length
limitation a combination of vehicles coupled together, including
attachments not more than 75 feet in total length that (1) consist of
a motortruck and two trailers; (2) includes a trailer in the
combination that does not exceed 28 feet 6 inches; (3) is used
exclusively to transport agricultural products from the field to
either the first point of handling and return or to a designated
truck route and return, and each direction of transport does not
exceed a specified amount of miles; (4) is not operated on a highway
designated by the United States Department of Transportation as a
national network route; (5) does not exceed a speed of 50 miles per
hour when operating on a highway; (6) successfully completes a
commercial vehicle safety alliance inspection conducted by the
Department of the California Highway Patrol; and (7) operates on the
highways only after the development of safe routing techniques, as
specified. The bill would also limit the application of this
exemption to the County of San Benito and to cities in that county
upon adoption of the exemption by ordinance or resolution.
The bill would require the Department of the California Highway
Patrol, in consultation with the Department of Transportation, to
conduct a study of the effect that the exemption has on public
safety, as prescribed, and to report the results of the study to the
Legislature and the Governor on or before April 1, 2014.
(2) This bill would make legislative findings and declarations
regarding the need for special legislation.
(3) The bill would declare that it is to take effect immediately
as an urgency measure.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 35401 of the Vehicle Code is amended to read:
35401. (a) Except as provided in subdivisions (b), (c),
and (d) , and (e) , a combination of vehicles
coupled together, including attachments, may not exceed a total
length of 65 feet.
(b) (1) A combination of vehicles coupled together, including
attachments, that consists of a truck tractor, a semitrailer, and a
semitrailer or trailer, may not exceed a total length of 75 feet, if
the length of neither the semitrailers nor the trailer in the
combination of vehicles exceeds 28 feet 6 inches.
(2) A B-train assembly is excluded from the measurement of
semitrailer length when used between the first and second
semitrailers of a truck tractor-semitrailer-semitrailer combination
of vehicles. However, if there is no second semitrailer mounted to
the B-train assembly, it shall be included in the length measurement
of the semitrailer to which it is attached.
(c) (1) A combination of vehicles coupled together, including
attachments, may have a total length of not more than 75 feet, if all
of the following apply:
(A) The combination of vehicles consists of a motortruck and two
trailers.
(B) A trailer in the combination does not exceed 28 feet 6 inches
in length.
(C) The combination is used exclusively for either, or both, of
the following:
(i) The combination is used to transport agricultural products
from the field to the first point of handling and return, and each
direction of transport does not exceed 80 miles.
(ii) The combination is used exclusively to transport agricultural
products from the first point of handling to a designated truck
route and return, and each direction of transport to the designated
truck route does not exceed 15 miles.
(D) The combination is not operated on a highway designated by the
United States Department of Transportation as a national network
route.
(E) The combination of vehicles does not exceed a speed of 50
miles per hour when operating on the highway.
(F) The combination of vehicles successfully completes a
commercial vehicle safety alliance inspection on a quarterly basis
conducted by the Department of the California Highway Patrol.
(G) The combination of vehicles operates on the highway only after
agricultural entities develop safe routing techniques, in
consultation with the Department of the California Highway Patrol,
from the field to the first point of handling and return.
(2) This subdivision applies only in the County of San Benito or a
city in that county and only if the board of supervisors of the
county or the city council, as the case may be, by resolution or
ordinance, adopts its provisions.
(3) The Department of the California Highway Patrol, in
consultation with the Department of Transportation, shall conduct a
study of the effect that the exemption provided in this subdivision
has on public safety, particularly the enhanced safety requirements
imposed by subparagraphs (E), (F), and (G) of paragraph (1). The
Department of the California Highway Patrol shall report the results
of the study to the Legislature and the Governor on or before April
1, 2014.
(c)
( d) (1) A tow truck in combination with a
single disabled vehicle or a single abandoned vehicle that is
authorized to travel on the highways by this chapter is exempt from
subdivision (a) when operating under a valid annual transportation
permit.
(2) A tow truck, in combination with a disabled or abandoned
combination of vehicles that are authorized to travel on the highways
by this chapter, is exempt from subdivision (a) when operating under
a valid annual transportation permit and within a 100-mile radius of
the location specified in the permit.
(3) A tow truck may exceed the 100-mile radius restriction imposed
under paragraph (2) if a single trip permit is obtained from the
Department of Transportation.
(d)
( e) A city or county may, by ordinance,
prohibit a combination of vehicles of a total length in excess of 60
feet upon highways under its respective jurisdiction. The ordinance
may not be effective until appropriate signs are erected indicating
either the streets affected by the ordinance or the streets not
affected, as the local authority determines will best serve to give
notice of the ordinance.
(e)
( f) A city or county, upon a determination
that a highway or portion of highway under its jurisdiction cannot,
in consideration of public safety, sustain the operation of trailers
or semitrailers of the maximum kingpin to rearmost axle distances
permitted under Section 35400, may, by ordinance, establish lesser
distances consistent with the maximum distances that the highway or
highway portion can sustain, except that a city or county may not
restrict the kingpin to rearmost axle measurement to less than 38
feet on those highways or highway portions. A city or county
considering the adoption of an ordinance shall consider, but not be
limited to, consideration of, all of the following:
(1) A comparison of the operating characteristics of the vehicles
to be limited as compared to operating characteristics of other
vehicles regulated by this code.
(2) Actual traffic volume.
(3) Frequency of accidents.
(4) Any other relevant data.
In addition, the city or county may appoint an advisory committee
consisting of local representatives of those interests that are
likely to be affected and shall consider the recommendations of the
advisory committee in adopting the ordinance. The ordinance may not
be effective until appropriate signs are erected indicating the
highways or highway portions affected by the ordinance.
This subdivision shall only become operative upon the adoption of
an enabling ordinance by a city or county.
(f)
( g) Whenever, in the judgment of the
Department of Transportation, a state highway cannot, in
consideration of public safety, sustain the operation of trailers or
semitrailers of the maximum kingpin to rearmost axle distances
permitted under Section 35400, the director, in consultation with the
Department of the California Highway Patrol, shall compile data on
total traffic volume, frequency of use by vehicles covered by this
subdivision, accidents involving these vehicles, and other relevant
data to assess whether these vehicles are a threat to public safety
and should be excluded from the highway or highway segment. The
study, containing the conclusions and recommendations of the
director, shall be submitted to the Secretary of the Business,
Transportation and Housing Agency. Unless otherwise notified by the
secretary, the director shall hold public hearings in accordance with
the procedures set forth in Article 3 (commencing with Section
35650) of Chapter 5 for the purpose of determining the maximum
kingpin to rear axle length, which shall be not less than 38 feet,
that the highway or highway segment can sustain without unreasonable
threat to the safety of the public. Upon the basis of the findings,
the Director of Transportation shall declare in writing the maximum
kingpin to rear axle lengths which can be maintained with safety upon
the highway. Following the declaration of maximum lengths as
provided by this subdivision, the Department of Transportation shall
erect suitable signs at each end of the affected portion of the
highway and at any other points that the Department of Transportation
determines to be necessary to give adequate notice of the length
limits.
The Department of Transportation, in consultation with the
Department of the California Highway Patrol, shall compile traffic
volume, geometric, and other relevant data, to assess the maximum
kingpin to rearmost axle distance of vehicle combinations appropriate
for those state highways or portion of highways, affected by this
section, that cannot safely accommodate trailers or semitrailers of
the maximum kingpin to rearmost axle distances permitted under
Section 35400. The department shall erect suitable signs
appropriately restricting truck travel on those highways, or portions
of highways.
(g)
( h) This section shall become
operative on January 1, 2010 remain in effect only
until January 1, 2018, and as of that date is repealed, unless a
later enacted statute that is enacted on or before January 1, 201
8, deletes or extends that date .
SEC. 2. Section 35401 is added to the Vehicle Code, to read:
35401. (a) Except as provided in subdivisions (b), (c), and (d),
a combination of vehicles coupled together, including attachments,
may not exceed a total length of 65 feet.
(b) (1) A combination of vehicles coupled together, including
attachments, that consists of a truck tractor, a semitrailer, and a
semitrailer or trailer, may not exceed a total length of 75 feet, if
the length of neither the semitrailers nor the trailer in the
combination of vehicles exceeds 28 feet 6 inches.
(2) A B-train assembly is excluded from the measurement of
semitrailer length when used between the first and second
semitrailers of a truck tractor-semitrailer-semitrailer combination
of vehicles. However, if there is no second semitrailer mounted to
the B-train assembly, it shall be included in the length measurement
of the semitrailer to which it is attached.
(c) (1) A tow truck in combination with a single disabled vehicle
or a single abandoned vehicle that is authorized to travel on the
highways by this chapter is exempt from subdivision (a) when
operating under a valid annual transportation permit.
(2) A tow truck, in combination with a disabled or abandoned
combination of vehicles that are authorized to travel on the highways
by this chapter, is exempt from subdivision (a) when operating under
a valid annual transportation permit and within a 100-mile radius of
the location specified in the permit.
(3) A tow truck may exceed the 100-mile radius restriction imposed
under paragraph (2) if a single trip permit is obtained from the
Department of Transportation.
(d) A city or county may, by ordinance, prohibit a combination of
vehicles of a total length in excess of 60 feet upon highways under
its respective jurisdiction. The ordinance may not be effective until
appropriate signs are erected indicating either the streets affected
by the ordinance or the streets not affected, as the local authority
determines will best serve to give notice of the ordinance.
(e) A city or county, upon a determination that a highway or
portion of highway under its jurisdiction cannot, in consideration of
public safety, sustain the operation of trailers or semitrailers of
the maximum kingpin to rearmost axle distances permitted under
Section 35400, may, by ordinance, establish lesser distances
consistent with the maximum distances that the highway or highway
portion can sustain, except that a city or county may not restrict
the kingpin to rearmost axle measurement to less than 38 feet on
those highways or highway portions. A city or county considering the
adoption of an ordinance shall consider, but not be limited to,
consideration of, all of the following:
(1) A comparison of the operating characteristics of the vehicles
to be limited as compared to operating characteristics of other
vehicles regulated by this code.
(2) Actual traffic volume.
(3) Frequency of accidents.
(4) Any other relevant data.
In addition, the city or county may appoint an advisory committee
consisting of local representatives of those interests that are
likely to be affected and shall consider the recommendations of the
advisory committee in adopting the ordinance. The ordinance may not
be effective until appropriate signs are erected indicating the
highways or highway portions affected by the ordinance.
This subdivision shall only become operative upon the adoption of
an enabling ordinance by a city or county.
(f) Whenever, in the judgment of the Department of Transportation,
a state highway cannot, in consideration of public safety, sustain
the operation of trailers or semitrailers of the maximum kingpin to
rearmost axle distances permitted under Section 35400, the director,
in consultation with the Department of the California Highway Patrol,
shall compile data on total traffic volume, frequency of use by
vehicles covered by this subdivision, accidents involving these
vehicles, and other relevant data to assess whether these vehicles
are a threat to public safety and should be excluded from the highway
or highway segment. The study, containing the conclusions and
recommendations of the director, shall be submitted to the Secretary
of the Business, Transportation and Housing Agency. Unless otherwise
notified by the secretary, the director shall hold public hearings in
accordance with the procedures set forth in Article 3 (commencing
with Section 35650) of Chapter 5 for the purpose of determining the
maximum kingpin to rear axle length, which shall be not less than 38
feet, that the highway or highway segment can sustain without
unreasonable threat to the safety of the public. Upon the basis of
the findings, the Director of Transportation shall declare in writing
the maximum kingpin to rear axle lengths which can be maintained
with safety upon the highway. Following the declaration of maximum
lengths as provided by this subdivision, the Department of
Transportation shall erect suitable signs at each end of the affected
portion of the highway and at any other points that the Department
of Transportation determines to be necessary to give adequate notice
of the length limits.
The Department of Transportation, in consultation with the
Department of the California Highway Patrol, shall compile traffic
volume, geometric, and other relevant data, to assess the maximum
kingpin to rearmost axle distance of vehicle combinations appropriate
for those state highways or portion of highways, affected by this
section, that cannot safely accommodate trailers or semitrailers of
the maximum kingpin to rearmost axle distances permitted under
Section 35400. The department shall erect suitable signs
appropriately restricting truck travel on those highways, or portions
of highways.
(g) This section shall become operative on January 1, 2018.
SEC. 3. Due to the unique circumstances occurring in the County of
San Benito, with respect to the transportation of agricultural
products from the fields to the handling of the products, the
Legislature hereby finds and declares that a general statute cannot
be made applicable within the meaning of Section 16 of Article IV of
the California Constitution. Therefore, the special legislation
contained in Section 1 of this act is necessarily applicable only to
the County of San Benito, and cities within this county.
SEC. 4. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order that statutory changes necessary to allow for the safe
and efficient transportation of agricultural products in the County
of San Benito are enacted, at the earliest possible time, it is
necessary that this act take effect immediately.
