BILL NUMBER: SB 1233 CHAPTERED 09/21/04 CHAPTER 615 FILED WITH SECRETARY OF STATE SEPTEMBER 21, 2004 APPROVED BY GOVERNOR SEPTEMBER 21, 2004 PASSED THE SENATE AUGUST 26, 2004 PASSED THE ASSEMBLY AUGUST 24, 2004 AMENDED IN ASSEMBLY AUGUST 16, 2004 AMENDED IN ASSEMBLY AUGUST 10, 2004 AMENDED IN ASSEMBLY JULY 12, 2004 AMENDED IN ASSEMBLY JUNE 29, 2004 AMENDED IN ASSEMBLY JUNE 7, 2004 AMENDED IN SENATE APRIL 12, 2004 INTRODUCED BY Committee on Transportation (Senators Murray (Chair), Florez, Karnette, Perata, Scott, Soto, and Torlakson) FEBRUARY 12, 2004 An act to amend Section 2985.8 of the Civil Code, to amend Sections 21670.3, 21674.5, 21675, 21675.1, 99314, 99314.1, 120050, 120105, 120105.5, 120224.1, and 120550 of, and to add Section 99210.1 to, the Public Utilities Code, to amend Sections 100.21, 1730, and 1953 of the Streets and Highways Code, and to amend Sections 1655, 1685, 4000.6, 5301, 9400.1, 11205.2, 12811, 13370, 21960, 24011, 24602, 27602, and 35401 of, to add Section 314 to, to add and repeal Section 1685.1 of, and to repeal Section 11705.5 of, the Vehicle Code, relating to transportation. LEGISLATIVE COUNSEL'S DIGEST SB 1233, Committee on Transportation. Transportation. (1) Existing law requires every lease contract for a motor vehicle to contain specified disclosures, including a disclosure that enumerates the capitalized cost of specified items. This bill would make technical changes to these provisions. (2) Existing law provides for land use planning relating to airports. This bill would make technical, nonsubstantive changes in existing law relating to airport land use planning. (3) Existing law provides for the funding of public transit. This bill would include the San Joaquin Regional Rail Commission and any successor entity to the Altamont Commuter Express Authority within the scheme in existing law for the funding of public transit. The bill would also make other technical nonsubstantive changes in existing law relating to public transit administration. (4) Existing law prohibits the Department of Transportation from acquiring, except by gift, and except in hardship or protective cases as determined by the department or the California Transportation Commission, any real property for a freeway through a city until an agreement is first executed with the city council, or for a freeway through unincorporated territory in a county until an agreement is first executed with the board of supervisors, except that a city council may authorize the purchase of rights-of-way prior to approval of an agreement if the purchase is limited to the mainline corridor of the proposed freeway and the alignment of the freeway is not at issue. This bill would extend the exception specified above to a county board of supervisors. (5) Existing law authorizes a city or county to adopt a golf cart transportation plan. The transportation plan is prohibited from including the use of any state highway, or any portion thereof. This bill would authorize the plan to include the use of a state highway or portion thereof if that use is authorized by the Department of Transportation and the law enforcement agency having primary traffic enforcement responsibility of that highway or portion thereof, as specified. (6) Existing law authorizes a local authority to prohibit or restrict, by ordinance or resolution, the use of a freeway under its jurisdiction, or any portion thereof, by pedestrians, bicycles, or other nonmotorized traffic, or by any person operating a motor-driven cycle, motorized bicycle, or motorized scooter. This bill would extend to expressways, as defined, the authority to prohibit or restrict access, as specified. The bill would authorize a county, if any portion of a county freeway or expressway is contained within the limits of a city within the county, to erect signs on that portion, as specified. The bill would prohibit, on and after January 1, 2005, an ordinance adopted by a county to prohibit or restrict pedestrian use of a portion of county freeway or expressway contained within the limits of a city from becoming operative until approved by the city. To the extent that these provisions would impose new requirements upon local authorities, the bill would establish a state-mandated local program. (7) Existing law specifies the personnel within the Department of Motor Vehicles who have peace officer powers for the purpose of enforcing those provisions of law committed to the administration of the department or enforcing the law on premises occupied by the department, including the Deputy Director, Investigations Division. This bill would correct a reference from Deputy Director, Investigations and Audits Division to Deputy Director, Investigations Division. (8) Existing law requires the department to provide a report to the Legislature by January 10, on an annual basis, that includes certain information relating to the department's private industry partner program, gathered during the calendar year immediately preceding the report date. This bill would change the date of the report to October 1 of each year and would require the report to relate to information gathered during the fiscal year immediately preceding the report date. (9) Existing law authorizes the Department of Motor Vehicles to establish contracts for electronic programs that allow qualified private industry partners to join the department in providing services that include processing and payment programs for vehicle registration and titling transactions. This bill would authorize, until January 1, 2010, a motor carrier association that represents both intrastate and interstate motor carriers to submit an application to the department to become a private industry partner, as specified, for the purpose of providing registration services to the members of the association. The bill would authorize the department to enter into a private industry partnership with a motor carrier association, if the association meets certain requirements. The bill would require the department to submit a report to the Legislature not later than July 1, 2008, relating to this specific partnership program. (10) Existing law requires the Department of Motor Vehicles, in consultation with the Department of the California Highway Patrol, to design and make available a set of distinctive weight decals that reflect the declared gross combined weight or gross operating weight reported to the Department of Motor Vehicles at the time of initial registration, registration renewal, or when a weight change is reported to the department, as specified. Existing law requires that a new decal be issued on each renewal or when the weight of the vehicle is changed, as specified. This bill would require the Department of Motor Vehicles, in consultation with the Department of the California Highway Patrol, to distinguish the weight decals issued to permanent fleet registration vehicles, as specified, from those issued to other vehicles. The bill would require the Department of Motor Vehicles to issue the distinguishable weight decals only (a) to a permanent fleet registration vehicle that is registered with the department on January 1, 2005; (b) on and after January 1, 2005, to a vehicle for which the department has an application for initial registration as a permanent fleet registration vehicle; and (c) on and after January 1, 2005, to a permanent fleet registration vehicle that has a weight change, as specified. The bill would require the distinguishable weight decal to comply with specified applicable provisions of existing law relating to weight decals. (11) Existing law prohibits the removal of the name of a traffic violator school from specified student referral lists if the school's license has not been suspended or revoked, unless the school owner is provided a notice. This bill would prohibit the above name from being removed from any part of a list unless the school owner is first provided a notice. (12) Existing law requires the Department of Motor Vehicles to deny or revoke a schoolbus, school pupil activity bus, general public paratransit vehicle, or youth bus driver certificate, or a certificate for a vehicle used for the transportation of developmentally disabled persons, if the applicant or certificate holder has been convicted of certain crimes, among other things. This bill, additionally, would authorize the certificate to be denied or revoked if the applicant or certificate holder has been convicted of any of certain listed violent felonies or certain listed serious felonies. The bill would prohibit this provision from being applied to revoke a license that was valid on January 1, 2005, unless the certificate holder is convicted for an offense that is committed on or after that date. (13) Existing law authorizes a vehicle to be equipped with not more than two red fog taillamps mounted on the rear of the vehicle. If only one red fog lamp is installed, it is required to be mounted as close as practical to the left side of the vehicle. This bill, additionally, would authorize the red fog lamp to be installed in the center of the rear of the vehicle. (14) Existing law prohibits a person from driving a motor vehicle if a television receiver, a video monitor, or a television or video screen, or any other, similar means of visually displaying a television broadcast or video signal that produces entertainment or business applications, is operating and is located in the motor vehicle at any point forward of the back of the driver's seat, or is operating and visible to the driver while driving the motor vehicle, with certain exceptions. This bill would add to the exceptions to the prohibition in existing law a mobile digital terminal installed in a vehicle owned or operated by an electrical corporation, as defined, a local publicly owned electric utility, as defined, a gas corporation, as defined, or a telephone corporation, as defined, if the terminal is fitted with an opaque covering that does not allow the driver to view the display while driving, or when the vehicle is deployed in an emergency to respond to an interruption or impending interruption of electrical, natural gas, or telephone service. (15) Existing law prohibits a combination of vehicles coupled together, including any attachments, from exceeding a total length of 65 feet while operated on the highways, except as specified. Existing law exempts from that length limitation a tow truck in combination with a disabled vehicle, an abandoned vehicle, or a disabled or abandoned combination of vehicles authorized to travel on the highways, when operating under a valid annual transportation permit and within a 100-mile radius of the location specified in the permit. A tow truck in combination with the specified vehicles is authorized to exceed the 100-mile radius restriction if a single trip permit is obtained from the Department of Transportation. This bill would instead exempt a tow truck from that length limitation when the tow truck is operating under a valid annual transportation permit and is operated in combination with a single disabled or abandoned vehicle. (16) This bill would delete or modify various obsolete provisions and references in existing law relating to vehicles. The bill would make various technical changes in existing law relating to vehicles. (17) 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, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 2985.8 of the Civil Code is amended to read: 2985.8. (a) Every lease contract shall be in writing and the print portion of the contract shall be printed in at least 8-point type and shall contain in a single document all of the agreements of the lessor and lessee with respect to the obligations of each party. (b) At the top of the lease contract, a title which contains the words "LEASE CONTRACT" or "LEASE AGREEMENT" shall appear in at least 12-point boldface type. (c) Every lease contract shall disclose all of the following: (1) All of the information prescribed by Regulation M set forth in the manner required or permitted by Regulation M, whether or not Regulation M applies to the transaction. (2) A separate statement labeled "Itemization of Gross Capitalized Cost" that shall appear immediately following or directly adjacent to the disclosures required to be segregated by Regulation M. The Itemization of Gross Capitalized Cost shall include all of the following and shall be circumscribed by a line: (A) The agreed-upon value of the vehicle as equipped at the time of signing the lease. (B) The agreed-upon value and a description of each accessory and item of optional equipment the lessor agrees to add to the vehicle after signing the lease. (C) The premium for each policy of insurance. (D) The amount charged for each service contract. (E) Any charge for an optional debt cancellation agreement. (F) Any outstanding prior credit or lease balance. (G) An itemization by type and agreed-upon value of each good or service included in the gross capitalized cost other than those items included in the disclosures required in subparagraphs (A) to (F), inclusive. (3) The vehicle identification number of the leased vehicle. (4) A brief description of each vehicle or other property being traded in and the agreed-upon value thereof if the amount due at the time of signing the lease or upon delivery is paid in whole or in part with a net trade-in allowance or the "Itemization of Gross Capitalized Cost" includes any portion of the outstanding prior credit or lease balance from the trade-in property. (5) The fee, if any, to be retained by the lessor for document preparation, which fee may not exceed forty-five dollars ($45) and may not be represented as a governmental fee. (6) The amount of any optional business partnership automation program fee to register or transfer the vehicle, which shall be labeled "Optional DMV Electronic Filing Fee." (d) Every lease contract shall contain, in at least 8-point boldface type, above the space provided for the lessee's signature and circumscribed by a line, the following notice: "(1) Do not sign this lease before you read it or if it contains any blank spaces to be filled in; (2) You are entitled to a completely filled in copy of this lease; (3) Warning--Unless a charge is included in this lease for public liability or property damage insurance, payment for that coverage is not provided by this lease." (e) Every lease contract shall contain, in at least 8-point boldface type, on the first page of the contract and circumscribed by a line, the following notice: "THERE IS NO COOLING OFF PERIOD California law does not provide for a "cooling off" or other cancellation period for vehicle leases. Therefore, you cannot later cancel this lease simply because you change your mind, decided the vehicle costs too much, or wish you had acquired a different vehicle. You may cancel this lease only with the agreement of the lessor or for legal cause, such as fraud." (f) Every lease contract shall contain, in at least 8-point boldface type, the following notice: "You have the right to return the vehicle, and receive a refund of any payments made if the credit application is not approved, unless nonapproval results from an incomplete application or from incorrect information provided by you." (g) The lease contract shall be signed by the lessor and lessee, or their authorized representatives, and an exact copy of the fully executed lease contract shall be provided to the lessee at the time of signing. (h) No motor vehicle shall be delivered under a lease contract subject to this chapter until the lessor provides to the lessee a fully executed copy of the lease contract. (i) The lessor may not obtain the signature of the lessee to a contract when it contains blank spaces to be filled in after it has been signed. (j) If the lease contract contains a provision that holds the lessee liable for the difference between (1) the adjusted capitalized cost disclosed in the lease contract reduced by the amounts described in subparagraph (A) of paragraph (5) of subdivision (b) of Section 2987 and (2) the settlement proceeds of the lessee's required insurance and deductible in the event of theft or damage to the vehicle that results in a total loss, the lease contract shall contain the following notice in at least 8-point boldface type on the first page of the contract: "GAP LIABILITY NOTICE In the event of theft or damage to the vehicle that results in a total loss, there may be a GAP between the amount due upon early termination and the proceeds of your insurance settlement and deductible. THIS LEASE PROVIDES THAT YOU ARE LIABLE FOR THE GAP AMOUNT. Optional coverage for the GAP amount may be offered for an additional price." SEC. 2. Section 21670.3 of the Public Utilities Code is amended to read: 21670.3. (a) Sections 21670 and 21670.1 do not apply to the County of San Diego. In that county, the San Diego County Regional Airport Authority, as established pursuant to Section 170002, is responsible for coordinating the airport planning of public agencies within the county and shall, on or before June 30, 2005, after reviewing the existing airport land use compatibility plan adopted pursuant to Section 21675, adopt an airport land use compatibility plan. (b) Any airport land use compatibility plan developed pursuant to Section 21675 and adopted pursuant to Section 21675.1 by the San Diego Association of Governments shall remain in effect until June 30, 2005, unless the San Diego County Regional Airport Authority adopts a plan prior to that date pursuant to subdivision (a). SEC. 3. Section 21674.5 of the Public Utilities Code is amended to read: 21674.5. (a) The Department of Transportation shall develop and implement a program or programs to assist in the training and development of the staff of airport land use commissions, after consulting with airport land use commissions, cities, counties, and other appropriate public entities. (b) The training and development program or programs are intended to assist the staff of airport land use commissions in addressing high priority needs, and may include, but need not be limited to, the following: (1) The establishment of a process for the development and adoption of airport land use compatibility plans. (2) The development of criteria for determining the airport influence area. (3) The identification of essential elements that should be included in the airport land use compatibility plans. (4) Appropriate criteria and procedures for reviewing proposed developments and determining whether proposed developments are compatible with the airport use. (5) Any other organizational, operational, procedural, or technical responsibilities and functions that the department determines to be appropriate to provide to commission staff and for which it determines there is a need for staff training or development. (c) The department may provide training and development programs for airport land use commission staff pursuant to this section by any means it deems appropriate. Those programs may be presented in any of the following ways: (1) By offering formal courses or training programs. (2) By sponsoring or assisting in the organization and sponsorship of conferences, seminars, or other similar events. (3) By producing and making available written information. (4) Any other feasible method of providing information and assisting in the training and development of airport land use commission staff. SEC. 4. Section 21675 of the Public Utilities Code is amended to read: 21675. (a) Each commission shall formulate an airport land use compatibility plan that will provide for the orderly growth of each public airport and the area surrounding the airport within the jurisdiction of the commission, and will safeguard the general welfare of the inhabitants within the vicinity of the airport and the public in general. The commission's airport land use compatibility plan shall include and shall be based on a long-range master plan or an airport layout plan, as determined by the Division of Aeronautics of the Department of Transportation, that reflects the anticipated growth of the airport during at least the next 20 years. In formulating an airport land use compatibility plan, the commission may develop height restrictions on buildings, specify use of land, and determine building standards, including soundproofing adjacent to airports, within the airport influence area. The airport land use compatibility plan shall be reviewed as often as necessary in order to accomplish its purposes, but shall not be amended more than once in any calendar year. (b) The commission shall include, within its airport land use compatibility plan formulated pursuant to subdivision (a), the area within the jurisdiction of the commission surrounding any military airport for all of the purposes specified in subdivision (a). The airport land use compatibility plan shall be consistent with the safety and noise standards in the Air Installation Compatible Use Zone prepared for that military airport. This subdivision does not give the commission any jurisdiction or authority over the territory or operations of any military airport. (c) The airport influence area shall be established by the commission after hearing and consultation with the involved agencies. (d) The commission shall submit to the Division of Aeronautics of the department one copy of the airport land use compatibility plan and each amendment to the plan. (e) If an airport land use compatibility plan does not include the matters required to be included pursuant to this article, the Division of Aeronautics of the department shall notify the commission responsible for the plan. SEC. 5. Section 21675.1 of the Public Utilities Code is amended to read: 21675.1. (a) By June 30, 1991, each commission shall adopt the airport land use compatibility plan required pursuant to Section 21675, except that any county that has undertaken by contract or otherwise completed airport land use compatibility plans for at least one-half of all public use airports in the county, shall adopt that airport land use compatibility plan on or before June 30, 1992. (b) Until a commission adopts an airport land use compatibility plan, a city or county shall first submit all actions, regulations, and permits within the vicinity of a public airport to the commission for review and approval. Before the commission approves or disapproves any actions, regulations, or permits, the commission shall give public notice in the same manner as the city or county is required to give for those actions, regulations, or permits. As used in this section, "vicinity" means land that will be included or reasonably could be included within the airport land use compatibility plan. If the commission has not designated an airport influence area for the airport land use compatibility plan, then "vicinity" means land within two miles of the boundary of a public airport. (c) The commission may approve an action, regulation, or permit if it finds, based on substantial evidence in the record, all of the following: (1) The commission is making substantial progress toward the completion of the airport land use compatibility plan. (2) There is a reasonable probability that the action, regulation, or permit will be consistent with the airport land use compatibility plan being prepared by the commission. (3) There is little or no probability of substantial detriment to or interference with the future adopted airport land use compatibility plan if the action, regulation, or permit is ultimately inconsistent with the airport land use compatibility plan. (d) If the commission disapproves an action, regulation, or permit, the commission shall notify the city or county. The city or county may overrule the commission, by a two-thirds vote of its governing body, if it makes specific findings that the proposed action, regulation, or permit is consistent with the purposes of this article, as stated in Section 21670. (e) If a city or county overrules the commission pursuant to subdivision (d), that action shall not relieve the city or county from further compliance with this article after the commission adopts the airport land use compatibility plan. (f) If a city or county overrules the commission pursuant to subdivision (d) with respect to a publicly owned airport that the city or county does not operate, the operator of the airport is not liable for damages to property or personal injury resulting from the city's or county's decision to proceed with the action, regulation, or permit. (g) A commission may adopt rules and regulations that exempt any ministerial permit for single-family dwellings from the requirements of subdivision (b) if it makes the findings required pursuant to subdivision (c) for the proposed rules and regulations, except that the rules and regulations may not exempt either of the following: (1) More than two single-family dwellings by the same applicant within a subdivision prior to June 30, 1991. (2) Single-family dwellings in a subdivision where 25 percent or more of the parcels are undeveloped. SEC. 6. Section 99210.1 is added to the Public Utilities Code, to read: 99210.1. "Operator" also means the San Joaquin Regional Rail Commission for operation of commuter rail services. SEC. 7. Section 99314 of the Public Utilities Code is amended to read: 99314. (a) From funds made available pursuant to subdivision (b) of Section 99312, an amount shall be allocated by the Controller to each transportation planning agency and county transportation commission, and the San Diego Metropolitan Transit Development Board. The allocation shall include an amount corresponding to each of the member agencies of the Altamont Commuter Express Authority and the Southern California Regional Rail Authority. The amount of funds allocated shall be based on the ratio of the total revenue of all the operators and the member agencies of the Altamont Commuter Express Authority and the Southern California Regional Rail Authority in the area under their respective jurisdictions during the prior fiscal year to the total revenue of all the operators in the state and the member agencies of the Altamont Commuter Express Authority and the member agencies of the Southern California Regional Rail Authority during the prior fiscal year. (b) For purposes of this section and Section 99314.3, "revenue" means fare revenues and any other funds used by the operator for its transit operation, and the revenue that is derived from operating as a member of the authority pursuant to Section 99314.1, except federal and state funds which may only be used for transportation purposes and funds allocated pursuant to Section 99233. The revenue amount for each operator shall be determined from the annual report submitted to the Legislature by the Controller pursuant to Section 99243.5. The revenue amount for each member agency of the Altamont Commuter Express Authority and the Southern California Regional Rail Authority shall be determined by the revenues reported to the Controller by the respective authorities in accordance to subdivision (b) of Section 99314.1 and subdivision (b) of Section 99314.2, respectively. (c) For the purposes of this section, any reference to the "Altamont Commuter Express Authority" shall be construed to include a reference to any entity that is a successor to the authority. SEC. 8. Section 99314.1 of the Public Utilities Code is amended to read: 99314.1. (a) For purposes of this section, the following terms have the following meanings: (1) The "Altamont Commuter Express Authority" or the "authority" is the joint powers agency duly formed pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, by and between the Alameda Congestion Management Agency, the Santa Clara Valley Transportation Authority, and the San Joaquin Regional Rail Commission. Any reference to the "Altamont Commuter Express Authority" or the "authority" shall be construed to include a reference to any entity that is a successor to the authority. (2) "Revenue" means revenue, as defined in subdivision (b) of Section 99314, that is derived from operating as a member agency of the authority. (b) The Altamont Commuter Express Authority shall report to the Controller, for each fiscal year, the ratio that the revenue of each member agency of the authority during the prior fiscal year bears to the total revenue of the authority during that fiscal year. (c) (1) From funds made available pursuant to subdivision (b) of Section 99312, the Controller shall allocate to each member agency of the authority an amount that is based on the ratio provided under subdivision (b). (2) The allocation set forth in paragraph (1) shall be in addition to any other allocation provided under this article. (3) Allocations made under this section shall be used only for purposes authorized under this chapter. SEC. 9. Section 120050 of the Public Utilities Code is amended to read: 120050. (a) There is hereby established the San Diego Metropolitan Transit Development Board in that portion of the County of San Diego as described in Section 120054. (b) The board shall also be known as the San Diego Metropolitan Transit System. Any reference in law to the board shall be construed to include a reference to the San Diego Metropolitan Transit System. SEC. 10. Section 120105 of the Public Utilities Code is amended to read: 120105. The board shall: (a) Determine exclusive public mass transit guideways to be acquired and constructed, the means to finance such systems, and whether to operate such systems or to let contracts for such operation. (b) Adopt an annual budget and fix the compensation of its officers and employees. (c) Adopt an administrative code, by ordinance, which shall prescribe the powers and duties of board officers, the method of appointment of board employees, and methods, procedures, and systems of operation and management of the board. The administrative code shall also provide for, among other things, the appointment of a general manager or chief executive officer, and the organization of the employees of the board into units for administration, design and construction, planning and operation, property acquisition, and community relations and such other units as the board deems necessary. (d) Cause a postaudit of the financial transactions and records of the board to be made at least annually by a certified public accountant. (e) Adopt all ordinances and make all rules and regulations proper or necessary to regulate the use, operation, and maintenance of its property and facilities, including its public transit systems and related transportation facilities and services operating within its area of jurisdiction, and to carry into effect the powers granted to the board. (f) Appoint such advisory commissions as it deems necessary. (g) Do any and all things necessary to carry out the purposes of this division. SEC. 11. Section 120105.5 of the Public Utilities Code is amended to read: 120105.5. The board shall appoint a general manager or chief executive officer with experience in the management, planning, and development of urban mass transportation systems. SEC. 12. Section 120224.1 of the Public Utilities Code is amended to read: 120224.1. (a) Upon determining that immediate remedial measures to avert or alleviate damage to, or to repair or restore damaged or destroyed property of, the board are necessary in order to insure that the facilities of the board are available to serve the transportation needs of the general public, and upon determining that available remedial measures, including procurement in compliance with Sections 120222, 120223, and 120224, are inadequate, the general manager or chief executive officer may authorize the expenditure of money previously appropriated by the board specifically for the direct purchases of goods and services, without observance of the provisions of those sections. (b) The general manager or chief executive officer, after the expenditure authorized under subdivision (a) has been made, shall submit to the board a full report explaining the necessity for that action. SEC. 13. Section 120550 of the Public Utilities Code is amended to read: 120550. The board may establish and maintain a police force. Those employees of the board appointed by the general manager or chief executive officer to the police force and who are duly sworn are peace officers and are subject to the powers set forth in Section 830.33 of the Penal Code. The board shall adhere to the standards for recruitment and training of peace officers established by the Commission on Peace Officer Standards and Training pursuant to Title 4 (commencing with Section 13500) of Part 4 of the Penal Code. SEC. 14. Section 100.21 of the Streets and Highways Code is amended to read: 100.21. (a) Whenever a street or highway closing agreement is required by Section 100.2, the department shall not acquire, except by gift, and except in hardship or protective cases as determined by the department or the commission, any real property for a freeway through a city until an agreement is first executed with the city council, or for a freeway through unincorporated territory in a county until an agreement is first executed with the board of supervisors. The department shall give notice to the city council or the board of supervisors, as the case may be, of any acquisition of real property prior to the execution of an agreement. (b) Notwithstanding subdivision (a), a city council, or a county board of supervisors may, by resolution, authorize the purchase of rights-of-way prior to approval of an agreement if the purchase is limited to the mainline corridor of the proposed freeway and the alignment of the freeway is not at issue. SEC. 15. Section 1730 of the Streets and Highways Code is amended to read: 1730. (a) No ordinance of a city relating to the stopping, standing or parking of a vehicle shall become effective as to a county highway established pursuant to this article within the city without prior submission to and approval by the board of supervisors. No city shall erect or maintain any stop sign, semaphore, or other traffic control signaling device in a manner that requires the traffic on any county highway established pursuant to this article within the city to stop before entering or crossing any intersecting street or any railroad grade crossing, without the permission of the board of supervisors. (b) An ordinance adopted on or after January 1, 2005, by a county under Section 21960 of the Vehicle Code to prohibit or restrict pedestrian use of a portion of a county freeway or expressway contained within the limits of a city shall not become operative until approved by the city. SEC. 16. Section 1953 of the Streets and Highways Code is amended to read: 1953. (a) A city or county may, by ordinance or resolution, adopt a golf cart transportation plan. (b) The transportation plan shall have received a prior review and the comments of the appropriate transportation planning agency designated under subdivision (a) or (b) of Section 29532 of the Government Code and any agency having traffic law enforcement responsibilities in that city or county. (c) The transportation plan shall not include the use of any state highway, or any portion thereof, except that a crossing of, or a golf cart lane along, a state highway may be included in the plan, if authorized by the department and the law enforcement agency having primary traffic enforcement responsibility of that highway or portion thereof. SEC. 17. Section 314 is added to the Vehicle Code, to read: 314. An "expressway" is a portion of highway that is part of either of the following: (a) An expressway system established by a county under Section 941.4 of the Streets and Highways Code. (b) An expressway system established by a county before January 1, 1989, as described in subdivision (g) of Section 941.4 of the Streets and Highways Code. SEC. 18. Section 1655 of the Vehicle Code is amended to read: 1655. (a) The director and deputy director of the department, the Deputy Director, Investigations Division, the Chief, Field Investigations Branch, and the investigators of the department, including rank-and-file, supervisory, and management personnel, shall have the powers of peace officers for the purpose of enforcing those provisions of law committed to the administration of the department or enforcing the law on premises occupied by the department. (b) Any person designated in subdivision (a) may inspect any vehicle of a type required to be registered under this code, or any component part thereof, in any garage, repair shop, parking lot, used car lot, automobile dismantler's lot, steel mill, scrap metal processing facility, or other establishment engaged in the business of selling, repairing, or dismantling vehicles, or reducing vehicles or the integral parts thereof to their component materials for the purpose of investigating the title and registration of the vehicle, inspecting wrecked or dismantled vehicles, or locating stolen vehicles. SEC. 19. Section 1685 of the Vehicle Code is amended to read: 1685. (a) In order to continue improving the quality of products and services it provides to its customers, the department, in conformance with Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, may establish contracts for electronic programs that allow qualified private industry partners to join the department in providing services that include processing and payment programs for vehicle registration and titling transactions. (b) (1) The department may enter into contractual agreements with qualified private industry partners. There are the following three types of private industry partnerships authorized under this section: (A) First-line business partner is an industry partner that receives data directly from the department and uses it to complete registration and titling activities for that partner's own business purposes. (B) First-line service provider is an industry partner that receives information from the department and then transmits it to another authorized industry partner. (C) Second-line business partner is a partner that receives information from a first-line service provider. (2) The private industry partner contractual agreements shall include the following minimum requirements: (A) Filing of an application and payment of an application fee, as established by the department. (B) Submission of information, including, but not limited to, fingerprints and personal history statements, focusing on and concerning the applicant's character, honesty, integrity, and reputation as the department may consider necessary. (C) Posting a bond in an amount consistent with Section 1815. (3) The department shall, through regulations, establish any additional requirements for the purpose of safeguarding privacy and protecting the information authorized for release under this section. (c) The director may establish, through the adoption of regulations, the maximum amount that a qualified private industry partner may charge its customers in providing the services authorized under subdivision (a). (d) The department shall charge a three-dollar ($3) transaction fee for the information and services provided under subdivision (a). The private industry partner may pass the transaction fee to the customer, but the total charge to a customer may not exceed the amount established by the director under subdivision (c). (e) All fees collected by the department pursuant to subdivision (d) shall be deposited in the Motor Vehicle Account. On January 1 of each year, the department shall adjust the fee in accordance with the California Consumer Price Index. The amount of the fee shall be rounded to the nearest whole dollar, with amounts equal to, or greater than, fifty cents ($0.50) rounded to the next highest whole dollar. (f) The department shall adopt regulations and procedures that ensure adequate oversight and monitoring of qualified private industry partners to protect vehicle owners from the improper use of vehicle records. These regulations and procedures shall include provisions for qualified private industry partners to periodically submit records to the department, and the department shall review those records as necessary. The regulations shall also include provisions for the dedication of department resources to program monitoring and oversight; the protection of confidential records in the department's files and databases; and the duration and nature of the contracts with qualified private industry partners. (g) The department shall, annually, by October 1, provide a report to the Legislature that shall include all of the following information gathered during the fiscal year immediately preceding the report date: (1) Listing of all qualified private industry partners, including names and business addresses. (2) Volume of transactions, by type, completed by business partners. (3) Total amount of funds, by transaction type, collected by business partners. (4) Total amount of funds received by the department. (5) Description of any fraudulent activities identified by the department. (6) Evaluation of the benefits of the program. (7) Recommendations for any administrative or statutory changes that may be needed to improve the program. (h) Nothing in this section impairs or limits the authority provided in Section 4610 or Section 12155 of the Insurance Code. SEC. 20. Section 1685.1 is added to the Vehicle Code, to read: 1685.1. (a) A motor carrier association that represents both intrastate and interstate motor carriers may submit an application to the department to become a private industry partner, as described in Section 1685, for the purpose of providing registration services to the members of the association. (b) The department may enter into a private industry partnership under this section with a motor carrier association, if the association meets all of the following requirements: (1) Agrees to provide electronic vehicle registration services capable of accepting, completing, and transmitting registration transaction data to the department. (2) Maintains, protects, and issues vehicle registration documents and indicia on behalf of the department to its motor carrier subscribers. (3) Meets qualification standards, as established by the department, including, but not limited to, all of the following: (A) Maintaining a minimum number of member carriers. (B) Establishing financial solvency. (C) Establishing tax-exempt status under Section 501(c)(6) of the federal Internal Revenue Code. (c) The department shall submit a report to the Legislature no later than July 1, 2008, that includes all of the following information: (1) Whether the partnership has had a measurable impact in encouraging the registration of commercial motor vehicles and the payment of all required fees by the owners of both intrastate and interstate trucks. (2) A description of the impact that the partnership has had in reducing the time required to complete applications and in issuing required indicia. (3) Any measurable impact that the partnership has had in encouraging California-based trucking firms to remain in California and persuading trucking firms who have left the state to return and base their fleets in this state. (d) This section shall remain in effect only until January 1, 2010, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2010, deletes or extends that date. SEC. 21. Section 4000.6 of the Vehicle Code is amended to read: 4000.6. A commercial motor vehicle, singly or in combination, that operates with a declared gross or combined gross vehicle weight that exceeds 10,000 pounds shall be registered pursuant to Section 9400.1. (a) A person submitting an application for registration of a commercial motor vehicle operated in combination with a semitrailer, trailer, or any combination thereof, shall include the declared combined gross weight of all units when applying for registration with the department, except as exempted under subdivision (a) of Section 9400.1. (b) This section does not apply to pickups nor to any commercial motor vehicle or combination that does not exceed 10,000 pounds gross vehicle weight. (c) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, having reason to believe that a commercial motor vehicle is being operated, either singly or in combination, in excess of its registered declared gross or combined gross vehicle weight, may require the driver to stop and submit to an inspection or weighing of the vehicle or vehicles and an inspection of registration documents. (d) A person shall not operate a commercial motor vehicle, either singly or in combination, in excess of its registered declared gross or combined gross vehicle weight. (e) A violation of this section is an infraction punishable by a fine in an amount equal to the amount specified in Section 42030.1. SEC. 22. Section 5301 of the Vehicle Code is amended to read: 5301. (a) Notwithstanding any other provision of this code and Part 5 (commencing with Section 10701) of Division 2 of the Revenue and Taxation Code, the registered owner or lessee of a fleet of vehicles consisting of commercial motor vehicles base plated in the state, or passenger automobiles may, upon payment of appropriate fees, apply to the department for license plates, permanent decals, and registration cards. (b) (1) Fleets shall consist of at least 50 motor vehicles to qualify for this program. However, the department may provide for permanent fleet registration through an association providing a combination of fleets of motor vehicles of 250 or more vehicles with no individual fleet of fewer than 25 motor vehicles. (2) An association submitting an application of participation in the program shall provide within the overall application a listing identifying the registered owner of each fleet and the motor vehicles within each fleet. Identification of the motor vehicles as provided in this article applies to the ownership of the motor vehicles and not the association submitting the application. (c) With the concurrence of both the department and the participant, the changes made in this section by the enactment of the Commercial Vehicle Registration Act of 2001 shall not affect those participants who were lawfully participating in the permanent fleet registration program on December 31, 2001. Any fleet that qualifies for permanent fleet registration as of December 31, 2001, will continue to count trailers to qualify as a fleet until January 1, 2007. However, five years following the implementation of the permanent trailer identification program, all participants in the permanent fleet registration program shall meet the requirements of this section in order to continue enrollment in the program described in this section. SEC. 23. Section 9400.1 of the Vehicle Code is amended to read: 9400.1. (a) (1) In addition to any other required fee, there shall be paid the fees set forth in this section for the registration of commercial motor vehicles operated either singly or in combination with a declared gross vehicle weight of 10,001 pounds or more. Pickup truck and electric vehicle weight fees are not calculated under this section. (2) The weight of a vehicle issued an identification plate pursuant to an application under Section 5014, and the weight of an implement of husbandry as defined in Section 36000, shall not be considered when calculating, pursuant to this section, the declared gross vehicle weight of a towing commercial motor vehicle that is owned and operated exclusively by a farmer or an employee of a farmer in the conduct of agricultural operations. (3) Tow trucks that are utilized to render assistance to the motoring public or to tow or carry impounded vehicles shall pay fees in accordance with this section, except that the fee calculation shall be based only on the gross vehicle weight rating of the towing or carrying vehicle. Upon each initial or transfer application for registration of a tow truck described in this paragraph, the registered owner or lessee or that owner's or lessee's designee, shall certify to the department the gross vehicle weight rating of the tow truck: Gross Vehicle Weight Range Fee 10,001-15,000 ................................ $ 257 15,001-20,000 ................................ 353 20,001-26,000 ................................ 435 26,001-30,000 ................................ 552 30,001-35,000 ................................ 648 35,001-40,000 ................................ 761 40,001-45,000 ................................ 837 45,001-50,000 ................................ 948 50,001-54,999 ................................ 1,039 55,000-60,000 ................................ 1,173 60,001-65,000 ................................ 1,282 65,001-70,000 ................................ 1,398 70,001-75,000 ................................ 1,650 75,001-80,000 ................................ 1,700 (b) The fees specified in subdivision (a) apply to both of the following: (1) An initial or original registration occurring on or after December 31, 2001, to December 30, 2003, inclusive, of a commercial motor vehicle operated either singly or in combination with a declared gross vehicle weight of 10,001 pounds or more. (2) The renewal of registration of a commercial motor vehicle operated either singly or in combination, with a declared gross vehicle weight of 10,001 pounds or more for which registration expires on or after December 31, 2001, to December 30, 2003, inclusive. (c) (1) For both an initial or original registration occurring on or after December 31, 2003, of a commercial motor vehicle operated either singly or in combination with a declared gross vehicle weight of 10,001 pounds or more, and the renewal of registration of a commercial motor vehicle operated either singly or in combination, with a declared gross vehicle weight of 10,001 pounds or more for which registration expires on or after December 31, 2003, there shall be paid fees as follows: Gross Vehicle Weight Range Weight Code Fee 10,001-15,000 A $ 332 15,001-20,000 B 447 20,001-26,000 C 546 26,001-30,000 D 586 30,001-35,000 E 801 35,001-40,000 F 937 40,001-45,000 G 1,028 45,001-50,000 H 1,161 50,001-54,999 I 1,270 55,000-60,000 J 1,431 60,001-65,000 K 1,562 65,001-70,000 L 1,701 70,001-75,000 M 2,004 75,001-80,000 N 2,064 (2) For the purpose of obtaining "revenue neutrality" as described in Sections 1 and 59 of Senate Bill 2084 of the 1999-2000 Regular Session (Chapter 861 of the Statutes of 2000), the Director of Finance shall review the final 2003-04 Statement of Transactions of the State Highway Account. If that review indicates that the actual truck weight fee revenues deposited in the State Highway Account do not total at least seven hundred eighty-nine million dollars ($789,000,000), the Director of Finance shall instruct the department to adjust the schedule set forth in paragraph (1), but not to exceed the following fee amounts: Gross Vehicle Weight Range Weight Code Fee 10,001-15,000 A $ 354 15,001-20,000 B 482 20,001-26,000 C 591 26,001-30,000 D 746 30,001-35,000 E 874 35,001-40,000 F 1,024 40,001-45,000 G 1,125 45,001-50,000 H 1,272 50,001-54,999 I 1,393 55,000-60,000 J 1,571 60,001-65,000 K 1,716 65,001-70,000 L 1,870 70,001-75,000 M 2,204 75,001-80,000 N 2,271 (d) (1) In addition to the fees set forth in subdivision (a), a Cargo Theft Interdiction Program Fee of three dollars ($3) shall be paid at the time of initial or original registration or renewal of registration of each motor vehicle subject to weight fees under this section. (2) This subdivision does not apply to vehicles used or maintained for the transportation of persons for hire, compensation or profit, and tow trucks. (3) For vehicles registered under Article 4 (commencing with Section 8050) of Chapter 4, the fee imposed under this subdivision shall be apportioned as required for registration fees under that article. (4) Funds collected pursuant to the Cargo Theft Interdiction Program shall not be proportionately reduced for each month and shall be transferred to the Motor Carriers Safety Improvement Fund. (e) Notwithstanding Section 42270 or any other provision of law, of the moneys collected by the department under this section, one hundred twenty-two dollars ($122) for each initial, original, and renewal registration shall be reported monthly to the Controller, and at the same time, deposited in the State Treasury to the credit of the Motor Vehicle Account in the State Transportation Fund. All other moneys collected by the department under this section shall be deposited to the credit of the State Highway Account in the State Transportation Fund. One hundred twenty-two dollars ($122) of the fee imposed under this section shall not be proportionately reduced for each month. For vehicles registered under Article 4 (commencing with Section 8050) of Chapter 4, the fee shall be apportioned as required for registration under that article. (f) (1) The department, in consultation with the Department of the California Highway Patrol, shall design and make available a set of distinctive weight decals that reflect the declared gross combined weight or gross operating weight reported to the department at the time of initial registration, registration renewal, or when a weight change is reported to the department pursuant to Section 9406.1. A new decal shall be issued on each renewal or when the weight is changed pursuant to Section 9406.1. The decal for a tow truck that is subject to this section shall reflect the gross vehicle weight rating or weight code. (2) The department may charge a fee, not to exceed ten dollars ($10), for the department's actual cost of producing and issuing each set of decals issued under paragraph (1). (3) The weight decal shall be in sharp contrast to the background and shall be of a size, shape, and color that is readily legible during daylight hours from a distance of 50 feet. (4) Each vehicle subject to this section shall display the weight decal on both the right and left sides of the vehicle. (5) A person may not display upon a vehicle a decal issued pursuant to this subdivision that does not reflect the declared weight reported to the department. (6) Notwithstanding subdivision (e) or any other provision of law, the moneys collected by the department under this subdivision shall be deposited in the State Treasury to the credit of the Motor Vehicle Account in the State Transportation Fund. (7) This subdivision shall apply to vehicles subject to this section at the time of an initial registration, registration renewal, or reported weight change that occurs on or after July 1, 2004. (8) The following shall apply to vehicles registered under the permanent fleet registration program pursuant to Article 9.5 (commencing with Section 5301) of Chapter 1: (A) The department, in consultation with the Department of the California Highway Patrol, shall distinguish the weight decals issued to permanent fleet registration vehicles from those issued to other vehicles. (B) The department shall issue the distinguishable weight decals only to the following: (i) A permanent fleet registration vehicle that is registered with the department on January 1, 2005. (ii) On and after January 1, 2005, a vehicle for which the department has an application for initial registration as a permanent fleet registration vehicle. (iii) On and after January 1, 2005, a permanent fleet registration vehicle that has a weight change pursuant to Section 9406.1. (C) The weight decal issued under this paragraph shall comply with the applicable provisions of paragraphs (1) to (6), inclusive. SEC. 24. Section 11205.2 of the Vehicle Code is amended to read: 11205.2. (a) As used in this chapter, court assistance program (CAP) is a public or private nonprofit agency that provides services, under contract with a court, to process traffic violators. (b) A court may use a CAP to assist the court in performing services related to the processing of traffic violators. As used in this section, "services" includes those services relating to the processing of traffic violators at, and for, the court. (c) Whenever a CAP monitors a designated traffic violator school, the CAP shall follow the procedures set forth in subdivision (d) of Section 11214. The CAP shall send its monitoring report to the department for review, evaluation, processing and any further action determined necessary by the department. A copy of the report shall also be provided to the court. The role of a CAP is limited to that set forth in this chapter. Nothing in this chapter abrogates or limits the inherent powers of the courts under Article VI of the California Constitution. (d) When a monitoring report is adverse, the CAP shall send a copy to the licensee within 30 days after the date of the monitoring. Copies of all other monitoring reports shall be available to a licensee upon request and payment of a fee. The fee may not exceed the cost of postage and photocopying. (e) The department or a court may not remove the name of a traffic violator school that does not have a suspended or revoked license from any part of a student referral list published by the department or CAP pursuant to Section 11205, unless the school owner is first provided notice and the opportunity to request a hearing conducted by the department or a court, to determine whether there are sufficient grounds to warrant removal of the school's name. Any decision to remove a name may be appealed to any court of competent jurisdiction. (f) In the event that a CAP, acting pursuant to a contract with a court, audits or inspects the records of a traffic violator school, the CAP shall use the same process and procedures used by the department to conduct the audit or inspection. (g) This section does not preclude a court from entering into a contract with public or private nonprofit agencies to provide services to the court, other than those described in this section. SEC. 25. Section 11705.5 of the Vehicle Code is repealed. SEC. 26. Section 12811 of the Vehicle Code is amended to read: 12811. (a) (1) (A) When the department determines that the applicant is lawfully entitled to a license, it shall issue to the person a driver's license as applied for. The license shall state the class of license for which the licensee has qualified and shall contain the distinguishing number assigned to the applicant, the date of expiration, the true full name, age, and mailing address of the licensee, a brief description and engraved picture or photograph of the licensee for the purpose of identification, and space for the signature of the licensee. (B) Each license shall also contain a space for the endorsement of a record of each suspension or revocation thereof. (C) The department shall use whatever process or processes, in the issuance of engraved or colored licenses, that prohibit, as near as possible, the ability to alter or reproduce the license, or prohibit the ability to superimpose a picture or photograph on the license without ready detection. (2) In addition to the requirements of paragraph (1), a license issued to a person under 18 years of age shall display the words "provisional until age 18." (b) (1) Upon issuance of a new driver's license or a renewal of a driver's license or the issuance of an identification card, the department shall provide information on organ and tissue donation, including a standardized form to be filled out by an individual who desires to enroll in the California Organ and Tissue Donor Registry with instructions for mailing the completed form to the California Organ and Tissue Donor Registrar established pursuant to subdivision (a) of Section 7152.7 of the Health and Safety Code, including a donor dot that may be affixed to the new driver's license or identification card. (2) The enrollment form shall be simple in design and shall be produced by the department in cooperation with the California Organ and Tissue Donor Registrar and shall require all of the following information to be supplied by an enrollee: (A) Date of birth, sex, full name, and other information deemed necessary to provide a positive identification of an individual. (B) Consent for organs or tissues to be donated for transplant after death. (C) Any limitation of the donation to specific organs or tissues. (3) The form shall also include both of the following: (A) A description of the process for having a name removed from the registry, and the process for donating money for the benefit of the registry. (B) A statement that the name of any person who enrolls in the registry pursuant to this section shall be made available to federally recognized donor organizations. (4) The registry enrollment form shall be posted on the Web sites for the department and the California Health and Human Services Agency. (5) The form shall constitute a legal document under the Uniform Anatomical Gift Act (Chapter 3.5 (commencing with Section 7150) of Part 1 of Division 7 of the Health and Safety Code) and shall remain binding after the donor's death despite any express desires of next of kin opposed to the donation. (6) The registrar shall ensure that all additions and deletions to the registry shall occur within 30 days of receipt. (7) Information obtained by the registrar for the purposes of this subdivision shall be used for these purposes only and shall not be disseminated further by the registrar. (c) A public entity or employee shall not be liable for any loss, detriment, or injury resulting directly or indirectly from false or inaccurate information contained in the form provided pursuant to subdivision (b). (d) A contract shall not be awarded to any nongovernmental entity for the processing of driver's licenses, unless the contract conforms to all applicable state contracting laws and all applicable procedures set forth in the State Contracting Manual. SEC. 27. Section 13370 of the Vehicle Code is amended to read: 13370. (a) The department shall deny or revoke a schoolbus, school pupil activity bus, general public paratransit vehicle, or youth bus driver certificate, or a certificate for a vehicle used for the transportation of developmentally disabled persons, if any of the following causes apply to the applicant or certificate holder: (1) Has been convicted of a sex offense as defined in Section 44010 of the Education Code. (2) Has been convicted, within the two years preceding the application date, of an offense specified in Section 11361.5 of the Health and Safety Code. (3) Has failed to meet prescribed training requirements for certificate issuance. (4) Has failed to meet prescribed testing requirements for certificate issuance. (5) Has been convicted of a violent felony listed in subdivision (c) of Section 667.5 of the Penal Code, or a serious felony listed in subdivision (c) of Section 1192.7 of the Penal Code. This paragraph shall not be applied to revoke a license that was valid on January 1, 2005, unless the certificate holder is convicted for an offense that is committed on or after that date. (b) The department may deny, suspend, or revoke a schoolbus, school pupil activity bus, general public paratransit vehicle, or youth bus driver certificate, or a certificate for a vehicle used for the transportation of developmentally disabled persons if any of the following causes apply to the applicant or certificate holder: (1) Has been convicted of a crime specified in Section 44424 of the Education Code within the seven years preceding the application date. This paragraph does not apply if denial is mandatory. (2) Has committed an act involving moral turpitude. (3) Has been convicted of an offense, not specified in this section and other than a sex offense, that is punishable as a felony, within the seven years preceding the application date. (4) Has been dismissed as a driver for a cause relating to pupil transportation safety. (5) Has been convicted, within the seven years preceding the application date, of an offense relating to the use, sale, possession, or transportation of narcotics, habit-forming drugs, or dangerous drugs, except as provided in paragraph (3) of subdivision (a). (c) (1) Reapplication following denial or revocation under paragraph (1), (2), or (3) of subdivision (a) or (b) may be made after a period of not less than one year from the effective date of denial or revocation. (2) Reapplication following denial or revocation under paragraph (4) of subdivision (a) may be made after a period of not less than 45 days from the date of the applicant's third testing failure. (3) An applicant or holder of a certificate may reapply for a certificate whenever a felony or misdemeanor conviction is reversed or dismissed. A termination of probation and dismissal of charges pursuant to Section 1203.4 of the Penal Code or a dismissal of charges pursuant to Section 1203.4a of the Penal Code is not a dismissal for purposes of this section. SEC. 28. Section 21960 of the Vehicle Code is amended to read: 21960. (a) The Department of Transportation and local authorities, by order, ordinance, or resolution, with respect to freeways, expressways, or designated portions thereof under their respective jurisdictions, to which vehicle access is completely or partially controlled, may prohibit or restrict the use of the freeways, expressways, or any portion thereof by pedestrians, bicycles or other nonmotorized traffic or by any person operating a motor-driven cycle, motorized bicycle, or motorized scooter. A prohibition or restriction pertaining to bicycles, motor-driven cycles, or motorized scooters shall be deemed to include motorized bicycles; and no person may operate a motorized bicycle wherever that prohibition or restriction is in force. Notwithstanding any provisions of any order, ordinance, or resolution to the contrary, the driver or passengers of a disabled vehicle stopped on a freeway or expressway may walk to the nearest exit, in either direction, on that side of the freeway or expressway upon which the vehicle is disabled, from which telephone or motor vehicle repair services are available. (b) The prohibitory regulation authorized by subdivision (a) shall be effective when appropriate signs giving notice thereof are erected upon any freeway or expressway and the approaches thereto. If any portion of a county freeway or expressway is contained within the limits of a city within the county, the county may erect signs on that portion as required under this subdivision if the ordinance has been approved by the city pursuant to subdivision (b) of Section 1730 of the Streets and Highways Code. (c) No ordinance or resolution of local authorities shall apply to any state highway until the proposed ordinance or resolution has been presented to, and approved in writing by, the Department of Transportation. (d) An ordinance or resolution adopted under this section on or after January 1, 2005, to prohibit pedestrian access to a county freeway or expressway shall not be effective unless it is supported by a finding by the local authority that the freeway or expressway does not have pedestrian facilities and pedestrian use would pose a safety risk to the pedestrian. SEC. 29. Section 24011 of the Vehicle Code is amended to read: 24011. Whenever a federal motor vehicle safety standard is established under federal law (49 U.S.C. Sec. 30101 et seq.), no dealer shall sell or offer for sale a vehicle to which the standard is applicable, and no person shall sell or offer for sale for use upon a vehicle an item of equipment to which the standard is applicable, unless: (a) The vehicle or equipment conforms to the applicable federal standard. (b) The vehicle or equipment bears thereon a certification by the manufacturer or distributor that it complies with the applicable federal standards. The certification may be in the form of a symbol prescribed in the federal standards or, if there is no federal symbol, by a symbol acceptable to the department. SEC. 30. Section 24602 of the Vehicle Code is amended to read: 24602. (a) A vehicle may be equipped with not more than two red fog taillamps mounted on the rear which may be lighted, in addition to the required taillamps, only when atmospheric conditions, such as fog, rain, snow, smoke, or dust, reduce the daytime or nighttime visibility of other vehicles to less than 500 feet. (b) The lamps authorized under subdivision (a) shall be installed as follows: (1) When two lamps are installed, one shall be mounted at the left side and one at the right side at the same level and as close as practical to the sides. When one lamp is installed, it shall be mounted as close as practical to the left side or on the center of the vehicle. (2) The lamps shall be mounted not lower than 15 inches nor higher than 60 inches. (3) The edge of the lens of the lamp shall be no closer than four inches from the edge of the lens of any stoplamp. (4) The lamps shall be wired so they can be turned on only when the headlamps are on and shall have a switch that allows them to be turned off when the headlamps are on. (5) A nonflashing amber pilot light that is lighted when the lamps are turned on shall be mounted in a location readily visible to the driver. SEC. 31. Section 27602 of the Vehicle Code is amended to read: 27602. (a) A person may not drive a motor vehicle if a television receiver, a video monitor, or a television or video screen, or any other, similar means of visually displaying a television broadcast or video signal that produces entertainment or business applications, is operating and is located in the motor vehicle at any point forward of the back of the driver's seat, or is operating and visible to the driver while driving the motor vehicle. (b) Subdivision (a) does not apply to the following equipment when installed in a vehicle: (1) A vehicle information display. (2) A global positioning display. (3) A mapping display. (4) A visual display used to enhance or supplement the driver's view forward, behind, or to the sides of a motor vehicle for the purpose of maneuvering the vehicle. (5) A television receiver, video monitor, television or video screen, or any other, similar means of visually displaying a television broadcast or video signal, if that equipment has an interlock device that, when the motor vehicle is driven, disables the equipment for all uses except as a visual display as described in paragraphs (1) to (4), inclusive. (6) A mobile digital terminal installed in a vehicle owned or operated by an electrical corporation, as defined in Section 218 of the Public Utilities Code, a local publicly owned electric utility, as defined in Section 9604 of that code, a gas corporation, as defined in Section 222 of that code, or a telephone corporation, as defined in Section 234 of that code, if the mobile digital terminal is fitted with an opaque covering that does not allow the driver to view any part of the display while driving, even though the terminal may be operating. (c) Subdivision (a) does not apply to a mobile digital terminal installed in an authorized emergency vehicle or to a motor vehicle providing emergency road service or roadside assistance. (d) Subdivision (a) does not apply to a mobile digital terminal installed in a vehicle owned or operated by an electrical corporation, as defined in Section 218 of the Public Utilities Code, a local publicly owned electric utility, as defined in Section 9604 of that code, a gas corporation, as defined in Section 222 of that code, or a telephone corporation, as defined in Section 234 of that code, when the vehicle is deployed in an emergency to respond to an interruption or impending interruption of electrical, natural gas, or telephone service. SEC. 32. Section 35401 of the Vehicle Code is amended to read: 35401. (a) Except as provided in subdivisions (b), (c), and (d), no combination of vehicles coupled together, including any attachments, may exceed a total length of 65 feet. (b) (1) A combination of vehicles coupled together, including any attachments, which 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. (3) A combination of vehicles coupled together, including any 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) No trailer in the combination exceeds 28 feet 6 inches in length. (C) The combination is used exclusively 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. (D) The combination is not operated on a highway designated by the United States Department of Transportation as a national network route. (E) 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 paragraph (3) has on public safety. 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, 2005. (F) This paragraph shall become inoperative on January 1, 2006, unless a later enacted statute deletes or extends that date. (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) Any 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) Any 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. Any 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 which 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, any 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. On or before January 1, 1989, the department shall erect suitable signs appropriately restricting truck travel on those highways, or portions of highways, and report its findings and recommendations to the Legislature. SEC. 33. Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund.