BILL NUMBER: AB 1379	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Hill

                        FEBRUARY 27, 2009

   An act to amend Section 23114 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1379, as introduced, Hill. Cargo loads: spilling.
   (1) Existing law prohibits a vehicle, except as specified, from
being driven or moved on any highway unless the vehicle is so
constructed, covered, or loaded as to prevent any of its contents or
load other than clear water or feathers from live birds from
dropping, sifting, leaking, blowing, spilling, or otherwise escaping
from the vehicle. A violation of this provision is a crime.
   Existing law also provides that a violation of this provision is
an infraction punishable by a fine not exceeding $100 for a first
offense.
   This bill would require a commercial motor vehicle that transports
an uncovered load to be plainly marked with a telephone number and a
company name. By creating a new crime, the bill would impose a
state-mandated local program.
   This bill would establish a base fine of $50 not to exceed $100
for the above-described offenses.
   (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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 23114 of the Vehicle Code is amended to read:
   23114.  (a)  (1)  Except as provided in Subpart I
(commencing with Section 393.100) of Title 49 of the Code of Federal
Regulations related to hay and straw, a vehicle shall not be driven
or moved on any highway unless the vehicle is so constructed,
covered, or loaded as to prevent any of its contents or load other
than clear water or feathers from live birds from dropping, sifting,
leaking, blowing, spilling, or otherwise escaping from the vehicle.

   (2) A commercial motor vehicle transporting an uncovered load
shall be plainly marked with a telephone number and a company name.

   (b) (1) Aggregate material shall only be carried in the cargo area
of a vehicle. The cargo area shall not contain any holes, cracks, or
openings through which that material may escape, regardless of the
degree to which the vehicle is loaded, except as provided in
paragraph (2).
   (2) Every vehicle used to transport aggregate materials,
regardless of the degree to which the vehicle is loaded, shall be
equipped with all of the following:
   (A) Properly functioning seals on any openings used to empty the
load, including, but not limited to, bottom dump release gates and
tailgates.
   (B) Splash flaps behind every tire, or set of tires, regardless of
the position on the truck, truck tractor, or trailer.
   (C) Center flaps at a location to the rear of each bottom dump
release gate as to trucks or trailers equipped with bottom dump
release gates. The center flap may be positioned directly behind the
bottom dump release gate and in front of the rear axle of the
vehicle, or it may be positioned to the rear of the rear axle in line
with the splash flaps required behind the tires. The width of the
center flap may extend not more than one inch from one sidewall to
the opposite sidewall of the inside tires and shall extend to within
five inches of the pavement surface, and may be not less than 24
inches from the bottom edge to the top edge of that center flap.
   (D) Fenders starting at the splash flap with the leading edge of
the fenders extending forward at least six inches beyond the center
of the axle that cover the tops of tires not already covered by the
truck, truck tractor, or trailer body.
   (E) Complete enclosures on all vertical sides of the cargo area,
including, but not limited to, tailgates.
   (F) Shed boards designed to prevent aggregate materials from being
deposited on the vehicle body during top loading.
   (c) Vehicles comprised of full rigid enclosures are exempt only
from subparagraphs (C) and (F) of paragraph (2) of subdivision (b).
   (d) For purposes of this section, "aggregate material" means rock
fragments, pebbles, sand, dirt, gravel, cobbles, crushed base,
asphalt, and other similar materials.
   (e) (1) In addition to subdivisions (a) and (b), a vehicle may not
transport any aggregate material upon a highway unless the material
is covered.
   (2) Vehicles transporting loads composed entirely of asphalt
material are exempt only from the provisions of this section
requiring that loads be covered.
   (3) Vehicles transporting loads composed entirely of petroleum
coke material are not required to cover their loads if they are
loaded using safety procedures, specialized equipment, and a chemical
surfactant designed to prevent materials from blowing, spilling, or
otherwise escaping from the vehicle.
   (4) Vehicles transporting loads of aggregate materials are not
required to cover their loads if the load, where it contacts the
sides, front, and back of the cargo container area, remains six
inches from the upper edge of the container area, and if the load
does not extend, at its peak, above any part of the upper edge of the
cargo container area.
   (f) A person who provides a location for vehicles to be loaded
with an aggregate material or other material shall provide a location
for vehicle operators to comply with this section before entering a
highway.
   (1) A person is exempt from the requirements of this subdivision
if the location that he or she provides for vehicles to be loaded
with the materials described in this subdivision has 100 yards or
less between the scale houses where the trucks carrying aggregate
material are weighed and the point of egress to a public road.
   (2) A driver of a vehicle loaded with aggregate material leaving
locations exempted from the requirements of this subdivision is
authorized to operate on public roads only until that driver is able
to safely cover the load at a site near the location's point of
egress to the public road. Except as provided under paragraph (4) of
subdivision (e), an uncovered vehicle described in this paragraph may
not operate more than 200 yards from the point of egress to the
public road. 
   (g) A person convicted of a violation of this section, who is not
subject to Section 40000.16, shall be punished by a base fine of
fifty dollars ($50) not to exceed one hundred dollars ($100). 
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.