BILL NUMBER: SB 1530 CHAPTERED 09/18/02 CHAPTER 673 FILED WITH SECRETARY OF STATE SEPTEMBER 18, 2002 APPROVED BY GOVERNOR SEPTEMBER 17, 2002 PASSED THE SENATE AUGUST 30, 2002 PASSED THE ASSEMBLY AUGUST 27, 2002 AMENDED IN ASSEMBLY AUGUST 24, 2002 AMENDED IN ASSEMBLY JULY 3, 2002 AMENDED IN SENATE APRIL 9, 2002 INTRODUCED BY Senator Torlakson FEBRUARY 20, 2002 An act to amend Section 23114 of the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST SB 1530, Torlakson. Vehicles. Existing law provides that vehicles carrying aggregate material only carry that material in the cargo area of the vehicle, that the material be covered, and that the cargo area be maintained without any holes, cracks, or openings through which material could escape. Existing law also requires vehicles carrying aggregate material to be fitted with certain equipment, as specified. Existing law provides that a subsequent violation of provisions relating to the prevention of the escape of aggregate materials from vehicles, as specified, is a misdemeanor. This bill would require a person who provides property on which aggregate material or any other material is loaded into vehicles, unless there are 100 yards or less between the scale houses where trucks are weighed and the point of egress to the public road, to provide a location at which vehicle operators can comply with these provisions before entering a highway. Drivers leaving locations exempted from this provision would be authorized to operate on public roads until they are able to safely cover their load but no further than 200 yards from the point of egress to the public road. Because this bill would expand the scope of an existing crime, this bill would create 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. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 23114 of the Vehicle Code is amended to read: 23114. (a) No vehicle shall be driven or moved on any 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 holes, cracks, or openings through which that material may escape, regardless of the degree to which the vehicle is loaded, except as provided in paragraph (2). (2) Every 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 any 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 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 shall extend not more than 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 shall be not less than 24 inches from the bottom edge to the top edge of that 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 which 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) Vehicles comprised of full rigid enclosures are 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) On and after September 1, 1990, in addition to subdivisions (a) and (b), no vehicle shall transport any aggregate material upon a highway unless the material is covered. (2) Vehicles transporting loads composed entirely of asphalt material are exempt only from the provisions of this section requiring that loads be covered. (3) Vehicles transporting loads composed entirely of petroleum coke material shall not be required to cover their loads if they are loaded using safety procedures, specialized equipment, and a chemical surfactant designed to prevent materials from blowing, spilling, or otherwise escaping from the vehicle. (4) Vehicles transporting loads of aggregate materials shall not be required to cover their loads 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. (5) The requirements of this subdivision shall become operative on September 1, 1990. (f) Any person who provides a location for vehicles to be loaded with any aggregate material or any other material shall provide a location for vehicle operators to comply with this section before entering a highway. (1) A person shall be 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) Drivers of vehicles loaded with aggregate material leaving locations exempted from the requirements of this subdivision are authorized to operate on public roads only until they are able to safely cover the load at a site near the location's point of egress to the public road, however, an uncovered vehicle shall not be operated more than 200 yards from the point of egress to the public road. 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.