BILL NUMBER: AB 652 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Skinner
FEBRUARY 25, 2009
An act to amend Section 35400 of the Vehicle Code, relating to
vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 652, as introduced, Skinner. Vehicles: vehicle length
limitation.
(1) Existing law imposes a 40-foot limitation on the length of
vehicles that may be operated on the highways, with specified
exemptions. Existing law exempts from this limitation an articulated
bus or trolley and a bus, except a school bus, that is operated by a
public agency or passenger stage corporation that is used in a
transit system if it is equipped with a folding device attached to
the front of the vehicle that is designed and used exclusively for
transporting bicycles, does not materially affect efficiency or
visibility of vehicle safety equipment, and does not extend more than
36 inches from the front of the body of the bus or trolley when
fully deployed. In addition, existing law prohibits a bicycle that is
transported on the above described device from having the bicycle
handlebars extend more than 42 inches from the front of the vehicle.
This bill would revise these exemptions to permit a folding device
that extends not more than 40 inches from the front body of the bus
or trolley when fully deployed and to permit the transportation of a
bicycle with handlebars that extend not more than 46 inches from the
front of the vehicle.
(2) Existing law exempts from the 40-foot limitation a publicly
operated bus on certain highways from the 40-foot requirement if the
bus is equipped with a folding device designed and used exclusively
to transport bicycles and the device does not affect efficiency or
visibility of the vehicle safety equipment and does not exceed 36
inches from the front of the body of the bus when fully deployed and
if the handlebars of a bicycle that is being transported on the
device do not extend more than 42 inches from the front of the bus.
In addition, the total length of the bus, including the folding
device or load, may not exceed 48.5 feet.
This bill would revise this exemption to permit a folding device
that extends not more than 40 inches from the front body of the bus
when fully deployed and to permit the transportation of a bicycle on
the above described folding device that has handlebars that extend
not more than 46 inches from the front of the bus. In addition, this
bill would also require that the total length of the bus, including
the folding device or load, not exceed 48.8 feet.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
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 a 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
the 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
40 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 46 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 a 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 a 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 a
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 a 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 all
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
40 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
46 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 40
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
46 inches from the front of the bus. The total length of
the bus, including the folding device or load, may not exceed
48.5 48.8 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 An 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 A 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 a violation of this code that is
attributable to the improper or unlawful loading of the bicycle.