BILL NUMBER: AB 1409	CHAPTERED
	BILL TEXT

	CHAPTER  399
	FILED WITH SECRETARY OF STATE  SEPTEMBER 17, 2003
	APPROVED BY GOVERNOR  SEPTEMBER 16, 2003
	PASSED THE ASSEMBLY  AUGUST 28, 2003
	PASSED THE SENATE  AUGUST 25, 2003
	AMENDED IN SENATE  AUGUST 18, 2003
	AMENDED IN SENATE  JUNE 19, 2003
	AMENDED IN ASSEMBLY  MAY 7, 2003

INTRODUCED BY   Assembly Member Wolk

                        FEBRUARY 21, 2003

   An act to amend Section 35400 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1409, Wolk.  Vehicles:  vehicle length limitation.
   (1) Under existing law, with specified exceptions, a 40-foot
limitation is imposed on the length of vehicles that may be operated
on the highways.  Under existing law, a bus of a length of up to 45
feet when operating on the National System of Interstate and Defense
Highways or specified federal aid primary system highways is also
excluded from the 40-foot limitation under specified circumstances.
   This bill would authorize a public agency to operate a bus on the
described federal highways that exceeds the 45-foot length limitation
if the excess length is caused by a folding device attached to the
front of the bus that is designed and used exclusively for the
transporting of bicycles, and if its operation is on routes approved
by a specified route review committee, as provided for in this bill.
The bill would describe the manner in which a bicycle may be
transported under this exclusion.  Because a violation of these
restrictions would be a crime, this bill would impose a
state-mandated local program.
  (2) 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 35400 of the Vehicle Code is amended to read:
   35400.  (a) A vehicle may not exceed a length of 40 feet.
   (b) This section does not apply to any of the following:
   (1) A vehicle used in a combination of vehicles when the excess
length is caused by auxiliary parts, equipment, or machinery not used
as space to carry any part of the load, except that the combination
of vehicles shall not exceed the length provided for combination
vehicles.
   (2) A vehicle, when the excess length is caused by any parts
necessary to comply with the fender and mudguard regulations of this
code.
   (3) (A) An articulated bus or articulated trolley coach that does
not exceed a length of 60 feet.
   (B) An articulated bus or articulated trolley coach described in
subparagraph (A) may be equipped with a folding device attached to
the front of the bus or trolley if the device is designed and used
exclusively for transporting bicycles.  The device, including any
bicycles transported thereon, shall be mounted in a manner that does
not materially affect efficiency or visibility of vehicle safety
equipment, and shall not extend more than 36 inches from the front
body of the bus or trolley coach when fully deployed.  The handlebars
of a bicycle that is transported on a device described in this
subparagraph shall not extend more than 42 inches from the front of
the bus.
   (4) A semitrailer while being towed by a motortruck or truck
tractor, if the distance from the kingpin to the rearmost axle of the
semitrailer does not exceed 40 feet for semitrailers having two or
more axles, or 38 feet for semitrailers having one axle if the
semitrailer does not, exclusive of attachments, extend forward of the
rear of the cab of the motortruck or truck tractor.
   (5) A bus or house car when the excess length is caused by the
projection of a front safety bumper or a rear safety bumper, or both.
  The safety bumper shall not cause the length of the vehicle to
exceed the maximum legal limit by more than one foot in the front and
one foot in the rear.  For the purposes of this chapter, "safety
bumper" means any device that is fitted on an existing bumper or
which replaces the bumper and is constructed, treated, or
manufactured to absorb energy upon impact.
   (6) A schoolbus, when the excess length is caused by the
projection of a crossing control arm.  For the purposes of this
chapter, "crossing control arm" means an extendable and retractable
device fitted to the front of a schoolbus that is designed to impede
movement of pupils exiting the schoolbus directly in front of the
schoolbus so that pupils are visible to the driver while they are
moving in front of the schoolbus.  An operator of a schoolbus shall
not extend a crossing control arm while the schoolbus is in motion.
Except when activated, a crossing control arm shall not cause the
maximum length of the schoolbus to be extended by more than 10
inches, inclusive of any front safety bumper.  Use of a crossing
control arm by the operator of a schoolbus does not, in and of
itself, fulfill his or her responsibility to ensure the safety of
students crossing a highway or private road pursuant to Section
22112.
   (7) A bus, when the excess length is caused by a device, located
in front of the front axle, for lifting wheelchairs into the bus.
That device shall not cause the length of the bus to be extended by
more than 18 inches, inclusive of any front safety bumper.
   (8) A bus, when the excess length is caused by a device attached
to the rear of the bus designed and used exclusively for the
transporting of bicycles.  This device may be up to 10 feet in
length, if the device, along with any other device permitted pursuant
to this section, does not cause the total length of the bus,
including any device or load, to exceed 50 feet.
   (9) A bus operated by a public agency or a passenger stage
corporation, as defined in Section 226 of the Public Utilities Code,
used in transit system service, other than a schoolbus, when the
excess length is caused by a folding device attached to the front of
the bus which is designed and used exclusively for transporting
bicycles.  The device, including any bicycles transported thereon,
shall be mounted in a manner that does not materially affect
efficiency or visibility of vehicle safety equipment, and shall not
extend more than 36 inches from the front body of the bus when fully
deployed.  The handlebars of a bicycle that is transported on a
device described in this paragraph shall not extend more than 42
inches from the front of the bus.  A device described in this
paragraph may not be used on a bus that, exclusive of the device,
exceeds 40 feet in length or on a bus having a device attached to the
rear of the bus pursuant to paragraph (8).
   (10) (A) A bus of a length of up to 45 feet when operating on
those highways specified in subdivision (a) of Section 35401.5.  The
Department of Transportation or local authorities, with respect to
highways under their respective jurisdictions, may not deny
reasonable access to a bus of a length of up to 45 feet between the
highways specified in subdivision (a) of Section 35401.5 and points
of loading and unloading for motor carriers of passengers as required
by the federal Intermodal Surface Transportation Efficiency Act of
1991 (P.L. 102-240).
   (B) A bus operated by a public agency and on those highways
specified in subparagraph (A) may be equipped with a folding device
attached to the front of the bus that is designed and used
exclusively for transporting bicycles.  The device, including all
bicycles transported thereon, may be mounted in a manner that does
not materially affect efficiency or visibility of vehicle safety
equipment, and may not extend more than 36 inches from the front body
of the bus when fully deployed.  The handlebars of a bicycle that is
transported on a device described in this subparagraph may not
extend more than 42 inches from the front of the bus.  The total
length of the bus, including the folding device or load, may not
exceed 48.5 feet.  A Route Review Committee, established under this
subparagraph, shall review the routes where a public agency proposes
to operate a 45-foot bus equipped with a front mounted bicycle rack.
The Route Review Committee shall be comprised of one member from the
public agency appointed by the general manager of the public agency;
one member who is a traffic engineer and is employed and selected by
the public agency that has jurisdiction over the largest
proportional share of routes among all affected agencies; and one
member appointed by the labor organization that is the exclusive
representative of the bus drivers of the public agency.  If there is
no exclusive representative of the bus drivers, a bus driver member
shall be chosen by a majority vote of the bus drivers employed by the
agency.  The members of the Route Review Committee shall be selected
not more than 30 days after receipt of a public agency proposal to
equip a 45-foot bus with a front mounted bicycle rack.  The review
shall include a field review of the proposed routes.  The purpose of
the Route Review Committee is to ensure the safe operation of a
45-foot bus that is equipped with a front mounted bicycle rack.  The
Route Review Committee, by a unanimous vote, shall make a
determination of which routes are suitable for the safe operation of
a 45-foot bus that is equipped with a front mounted bicycle rack.
These determinations shall be consistent with the operating
requirements specified in subparagraph (A).  It is the intent of the
Legislature that the field review required under this subparagraph
include consultation with traffic engineers from affected public
agencies that have jurisdiction over segments of the route or routes
under review, to ensure coordination with all effected state and
local public road agencies that may potentially be impacted due to
the operation of a 45-foot bus with a front mounted bicycle rack.
   (11) (A) A house car of a length of up to 45 feet when operating
on the National System of Interstate and Defense Highways or when
using those portions of federal aid primary system highways that have
been qualified by the United States Secretary of Transportation for
that use, or when using routes appropriately identified by the
Department of Transportation or local authorities, with respect to
highways under their respective jurisdictions.
   (B) A house car described in subparagraph (A) may be operated on a
highway that provides reasonable access to facilities for purposes
limited to fuel, food, and lodging when that access is consistent
with the safe operation of the vehicle and when the facility is
within one road mile of identified points of ingress and egress to or
from highways specified in subparagraph (A) for use by that vehicle.

   (C) As used in this paragraph and paragraph (10), "reasonable
access" means access substantially similar to that authorized for
combinations of vehicles pursuant to subdivision (c) of Section
35401.5.
   (D) Any access route established by a local authority pursuant to
subdivision (d) of Section 35401.5 is open for access by a house car
of a length of up to 45 feet.  In addition, local authorities may
establish a process whereby access to services by house cars of a
length of up to 45 feet may be applied for upon a route not
previously established as an access route.  The denial of a request
for access to services shall be only on the basis of safety and an
engineering analysis of the proposed access route.  In lieu of
processing an access application, local authorities, with respect to
highways under their jurisdiction, may provide signing, mapping, or a
listing of highways, as necessary, to indicate the use of these
specific routes by a house car of a length of up to 45 feet.
   (c) The Legislature, by increasing the maximum permissible kingpin
to rearmost axle distance to 40 feet effective January 1, 1987, as
provided in paragraph (4) of subdivision (b), does not intend this
action to be considered a precedent for any future increases in truck
size and length limitations.
   (d) Any transit bus equipped with a folding device installed on or
after January 1, 1999, that is permitted under subparagraph (B) of
paragraph (3) of subdivision (b) or under paragraph (9) of
subdivision (b) shall be additionally equipped with any of the
following:
   (1) An indicator light that is visible to the driver and is
activated whenever the folding device is in an extended position.
   (2) Any other device or mechanism that provides notice to the
driver that the folding device is in an extended position.
   (3) A mechanism that causes the folding device to retract
automatically from an extended position.
   (e) (1) A person may not improperly or unsafely mount a bicycle on
a device described in subparagraph (B) of paragraph (3) of
subdivision (b), or in paragraph (9) or (10) of subdivision (b).
   (2) Notwithstanding subdivision (a) of Section 23114 or
subdivision (a) of Section 24002 or any other provision of law, when
a bicycle is improperly or unsafely loaded by a passenger onto a
transit bus, the passenger, and not the driver, is liable for any
violation of this code that is attributable to the improper or
unlawful loading of the bicycle.
  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.