BILL NUMBER: AB 629 CHAPTERED 09/27/02 CHAPTER 937 FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2002 APPROVED BY GOVERNOR SEPTEMBER 26, 2002 PASSED THE ASSEMBLY AUGUST 30, 2002 PASSED THE SENATE AUGUST 27, 2002 AMENDED IN SENATE JUNE 17, 2002 AMENDED IN SENATE JUNE 3, 2002 AMENDED IN ASSEMBLY JANUARY 7, 2002 INTRODUCED BY Assembly Member Oropeza FEBRUARY 22, 2001 An act to amend Section 21810 of, and to add Section 24018 to, the Vehicle Code, relating to transportation. LEGISLATIVE COUNSEL'S DIGEST AB 629, Oropeza. Transportation. Existing law requires, in the Santa Cruz Metropolitan Transit District, the Orange County Transportation Authority, the Alameda-Contra Costa Transit District, and the Santa Clara County Transit District, upon the adoption of a resolution, that the driver of a vehicle yield the right-of-way to a transit bus if, among other things, the bus is equipped with a yield right-of-way sign on its left rear, as specified. Existing law establishes a base fine of $35 for a violation of these provisions. Existing law repeals these provisions on January 1, 2003. This bill would extend the repeal date to January 1, 2004. Because a violation of these provisions is an infraction, this bill would create a new crime, thereby imposing a state-mandated local program. Existing law makes it unlawful to operate any vehicle in violation of statutory equipment requirements. This bill would require every transit bus operated by a motor carrier, whether that motor carrier is a private company or a public agency, that provides public transportation services to be equipped with a 2-way communication device, as defined, that enables the driver to contact the motor carrier in the event of an emergency. The bill would require the devices to be maintained in good working order. Buses operated by or on behalf of a school district would be exempted. The bill would also state the intent of the Legislature that the California Transportation Commission work with transportation agencies, and that transportation agencies make the purchase and maintenance of two-way communication devices a priority. 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. It is the intent of the Legislature that the California Transportation Commissions shall work in conjunction with all transportation agencies to assist in accessing addition assistance for the purposes of this act and that the transportation agencies shall make the purchase and maintenance of two-way communication devices to secure the safety of both drivers and the public a priority. SEC. 2. Section 21810 of the Vehicle Code is amended to read: 21810. (a) The driver of a vehicle overtaking a transit bus shall yield the right-of-way to the bus if all of the following conditions are present: (1) The transit bus has entirely exited an active traffic lane to board or deboard passengers at a designated bus stop, and is attempting to reenter the lane from which it exited. (2) Directional signals on the transit bus are flashing to indicate that the bus is preparing to merge with traffic. (3) The transit bus is equipped with a yield right-of-way sign on the left rear of the bus. The sign shall be both of the following: (A) Designed to warn a person operating a motor vehicle approaching the rear of the bus that the person is required to yield the right-of-way to the bus when the bus is entering traffic. (B) Illuminated by a flashing light when the bus is signaling in preparation for entering a traffic lane after having stopped to receive or discharge passengers. (b) Nothing in this section requires a transit agency to install the yield right-of-way sign described in paragraph (3) of subdivision (a). (c) This section does not relieve the driver of a transit bus from the duty to drive the bus with due regard for the safety of all persons and property. Nothing in this section relieves the transit agency from complying with the standard of care for its passengers established by Section 2100 of the Civil Code. (d) The provisions of this section are applicable to the Santa Cruz Metropolitan Transit District, the Orange County Transportation Authority, the Alameda-Contra Costa Transit District, and the Santa Clara County Transit District, if the governing board of the district approves a resolution, after a public hearing on the issue, requesting that this section be made applicable to it, and transmits a copy of the resolution to the commissioner. (e) (1) Notwithstanding Section 7055.5 of the Government Code, on or before December 31, 2002, the commissioner, after consultation with the participating transit agencies, participating law enforcement, and the advisory committee established pursuant to paragraph (3) of subdivision (a) of Section 34501 of the Vehicle Code, shall report to the Legislature on the effectiveness of the right-of-way for transit vehicles established by this section, including, but not limited to, any impact on the highway and local road safety and the efficiency of transit operations. The report shall recommend whether or not the right-of-way established by this section should be made permanent on a local basis, and whether it would be effective if implemented on a statewide basis. (2) The commissioner, in consultation with the participating transit agencies, the California Transit Association, the advisory committee, and the participating local law enforcement agencies, shall identify the information required for preparation of the report required under paragraph (1). This information may include, but need not be limited to, all of the following: (A) The total number of traffic collisions causing fatalities or injuries, and the number causing only property damage. (B) Traffic congestion issues. (C) Public opinion issues. (D) Efficiency of transit operations. (E) The public education program required under subdivision (i). (3) The commissioner may develop a format and schedule for reporting the information identified under paragraph (2), and the local law enforcement agencies, transit agencies, and the California Transit Association shall provide the commissioner with the information by using that format and in compliance with that schedule. (f) Each transit agency participating in the program shall undertake a public education program to inform motorists of the requirements imposed by this section. (g) The base fine for a violation of subdivision (a) is thirty-five dollars ($35). (h) This section shall remain in effect only until January 1, 2004, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2004, deletes or extends that date. SEC. 3. Section 24018 is added to the Vehicle Code, to read: 24018. (a) Every transit bus operated by a motor carrier, whether that motor carrier is a private company or a public agency, that provides public transportation services shall be equipped with a two-way communication device that enables the driver to contact the motor carrier in the event of an emergency. The two-way communication devices shall be maintained in good working order. (b) For the purposes of this section, "two-way communication device" is a radio, cellular telephone, or other similar device permitting communication between the transit bus driver and personnel responsible for the safety of operations of the motor carrier, including, but not limited to, the motor carrier's dispatcher. (c) This section does not apply to buses operated by a school district or on behalf of a school district. (d) The commissioner shall upon request grant a nonrenewable one year extension to any motor carrier to comply with the requirements of this section. (e) Nothing in this section shall require a motor carrier to replace an existing two-way communication device that currently meets the requirements of this section. 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.