BILL NUMBER: AB 1361 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 4, 2009
AMENDED IN ASSEMBLY APRIL 20, 2009
AMENDED IN ASSEMBLY APRIL 14, 2009
INTRODUCED BY Assembly Member Portantino
(Principal coauthor: Senator Liu)
FEBRUARY 27, 2009
An act to amend Section 35780 of, and to add Section 35655.6 to,
the Vehicle Code, relating to vehicles , and declaring the
urgency thereof, to take effect immediately .
LEGISLATIVE COUNSEL'S DIGEST
AB 1361, as amended, Portantino. Vehicles: commercial vehicle ban:
State Route 2.
(1) Existing law authorizes the Department of Transportation to
declare and fix a weight limit for a highway under its jurisdiction
that is less than the maximum weight limits otherwise authorized
under the Vehicle Code, upon determining that the highway will not
sustain those maximum weights and, after conducting a public hearing
on the issue, determining the maximum weight that the highway will
sustain. The department is prohibited from establishing a maximum
weight limit that is less than 16,000 pounds. A violation of the
Vehicle Code is a crime.
This bill would prohibit, with specified exemptions, the operation
of a commercial vehicle with 3 or more axles, or a gross vehicle
weight or a combined gross weight of 5 tons or more on the
segment of State Route 2 that is located between Interstate Route
210 (I-210) in the City of La Canada Flintridge and County Route N4
(Big Pine Highway) in the County of Los Angeles. The bill would
provide that, upon conviction, a violation of the above prohibition
is subject to a fine of $1,000. Because the bill would create a new
crime, this bill would impose a state-mandated local program. Revenue
generated by the fines would, upon appropriation by the Legislature,
be used to improve the safety of that portion of State Route 2. The
bill would authorize the Department of Transportation to issue
permits to specified commercial vehicles allowing their operation on
that segment of State Route 2. The bill would require the department
to erect suitable signs to give adequate notice of the prohibition.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
(3) This bill would declare that it is to take effect immediately
as an urgency statute.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: yes. State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 35655.6 is added to the Vehicle Code, to read:
35655.6. (a) Except as provided in subdivision (b), a person
shall not drive a commercial vehicle with three or more axles, or a
gross vehicle weight or a combined gross weight of five
tons or more, on the segment of State Route 2 (SR-2) that is located
between Interstate Route 210 (I-210) in the City of La Canada
Flintridge and County Route N4 (Big Pine Highway) in the County of
Los Angeles unless the commercial vehicle is authorized under a
permit pursuant to paragraph (5) of subdivision (a) of Section 35780.
(b) Subdivision (a) does not apply to any of the following
vehicles:
(1) An authorized emergency vehicle.
(2) A vehicle operated by a publicly or privately owned public
utility.
(3) A vehicle operated by the Department of Transportation.
(4) A transit bus.
(5) A tow truck.
(c) A person who violates this section shall, upon conviction,
be punished by a fine of one thousand dollars ($1,000).
Fines be punished by a fine pursuant to subdivision
(a) of Section 42030 or one thousand dollars ($1,000), whichever is
greater. Fines collected pursuant to this subdivision shall,
upon appropriation by the legislature
Legislature , be used to improve the safety of the portion of
State Route 2 specified in subdivision (a).
(d) The Department of Transportation shall erect suitable signs at
each end of the portion of State Route 2 specified in subdivision
(a) and any other points that the department deems necessary to give
adequate notice of the prohibition pursuant to this section.
SEC. 2. Section 35780 of the Vehicle Code is amended to read:
35780. (a) The Department of Transportation or local authorities,
with respect to highways under their respective jurisdictions, may,
at their discretion upon application and if good cause appears, issue
a special permit authorizing the applicant:
(1) To operate or move a vehicle or combination of vehicles or
special mobile equipment of a size or weight of vehicle or load
exceeding the maximum specified in this code.
(2) To use corrugations on the periphery of the movable tracks on
a traction engine or tractor, the propulsive power of which is not
exerted through wheels resting upon the roadway but by means of a
flexible band or chain.
(3) Under emergency conditions, to operate or move a type of
vehicle otherwise prohibited hereunder, upon any highway under the
jurisdiction of the party granting the permit and for the maintenance
of which the party is responsible.
(4) To operate or move a vehicle or combination of vehicles
transporting loads composed of logs only for the purpose of crossing
a highway from one private property to another without complying with
any or all of the equipment requirements of Division 12 (commencing
with Section 24000) and Division 13 (commencing with Section 29000).
These crossings shall be as near to a right angle to the roadway as
is practical and shall not include any travel parallel to the
roadway. The Department of Transportation shall determine standards
and conditions upon which permits shall be issued and any permit not
in compliance with those standards and conditions shall be invalid,
except that a permit may contain more restrictive conditions if the
issuing authority deems it appropriate.
(5) To operate or move a commercial vehicle with two or more
axles, or a gross vehicle of five tons or more, on the portion of
State Route 2 specified in subdivision (a) of Section 35655.6 that is
any of the following:
(A) A commercial vehicle involved in a motion picture or
television production.
(B) A commercial vehicle that may be necessary for the completion
of construction projects.
(C) A commercial vehicle that is a delivery vehicle that requires
access to the portion of State Route 2 specified in subdivision (a)
of Section 35655.6 to provide local pickup and delivery.
(D) Any other commercial vehicle that the department deems
appropriate and safe to access the portion of State Route 2 specified
in subdivision (a) of Section 35655.6.
(b) Under conditions prescribed by the Department of
Transportation or the local authority, the Department of
Transportation or local authority may accept applications made by,
and issue permits directly to, an applicant or permit service by any
of the following processes:
(1) In writing.
(2) By an authorized facsimile process.
(3) Through an authorized computer and modem connection.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
SEC. 4. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
Because the steep and winding grade along the portion of State
Route 2 between Interstate Route 210 in the City of La Canada
Flintridge and County Route N4 (Big Pine Highway) in the County of
Los Angeles has contributed to numerous accidents involving large
commercial vehicles since 1951 with the most recent accident causing
the Department of Transportation to issue a 90 day moratorium on
commercial vehicles on that portion of State Route 2 to allow for a
long-term legislative solution, it is necessary for this measure to
take effect immediately to preserve the public peace, health, or
safety.