BILL NUMBER: AB 349	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Chesbro
   (Coauthors: Assembly Members Galgiani and Nielsen)
   (Coauthor: Senator La Malfa)

                        FEBRUARY 10, 2011

   An act to amend Section 35401.7 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 349, as introduced, Chesbro. Vehicles: State Highway Route 101:
licensed carriers of livestock.
   (1) Existing law exempts, until January 1, 2012, licensed carriers
of livestock from certain limitations of access when those carriers
are directly en route to or from a point of loading or unloading of
livestock on specified portions of State Highway Route 101 located in
the Counties of Del Norte, Humboldt, and Mendocino from its junction
with State Highway Route 1 near Leggett north to the Oregon border,
if the travel is necessary, incidental to the shipment of the
livestock, and certain conditions are met.
   This bill would extend this exemption until January 1, 2017, and
would also delete obsolete requirements from these provisions.
   (2) Existing law requires the Director of Transportation to notify
the Secretary of State if, prior to January 1, 2012, the director
determines that certain safety improvements to a portion of State
Highway Route 101 have resulted in the reclassification of the entire
segment as a terminal access route pursuant to specified provisions
of the Vehicle Code and repeals the exemption described in (1) above
on the date the secretary receives this notice.
   This bill would extend this date to January 1, 2017.
   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 35401.7 of the Vehicle Code is amended to read:

   35401.7.  (a) The limitations of access specified in subdivision
(d) of Section 35401.5 do not apply to licensed carriers of livestock
when those carriers are directly en route to or from a point of
loading or unloading of livestock on those portions of State Highway
Route 101 located in the Counties of Del Norte, Humboldt, and
Mendocino from its junction with State Highway Route 1 near Leggett
north to the Oregon border, if the travel is necessary and incidental
to the shipment of the livestock.
   (b) The exemption allowed under this section does not apply unless
all of the following conditions are met:
   (1) The length of the truck tractor, in combination with the
semitrailer used to transport the livestock, does not exceed a total
of 70 feet.
   (2) The distance from the kingpin to the rearmost axle of the
semitrailer does not exceed 43 feet.
   (3) The length of the semitrailer does not exceed a total of 48
feet.
   (c) The exemption allowed under this section does not apply to
travel conducted on the day prior to, or on the day of, any federally
recognized holiday. 
   (d) The Department of the California Highway Patrol, in
consultation with the Department of Transportation and in accordance
with recommendations from the Department of the California Highway
Patrol's study issued on March 20, 2006, of the effect of the
statutory exemption, shall continue the comprehensive study of the
effect that the exemption provided by this section has on the public
safety during the extended effective period of the exemption, and
make recommendations on future exemptions, including the creation of
a permitting system for cattle truck and trailer combinations meeting
applicable provisions of the federal Surface Transportation
Assistance Act of 1982 (Public Law 97-424), and appropriate safety
improvements. Notwithstanding Section 7550.5 of the Government Code,
the Department of the California Highway Patrol shall report the
findings of this additional study and recommendations to the Governor
and the Legislature on or before January 1, 2011.  

   (e) 
    (d)  This section shall remain in effect only until
January 1,  2012   2017  , and as of that
date is repealed, unless a later enacted statute, that is enacted
before January 1,  2012   2017  , deletes
or extends that date. 
   (f) 
    (e)  (1) If prior to January 1, 2012, the Director of
Transportation determines that the only adjustment to State Highway
Route 101 possible to accommodate the truck sizes allowed to travel
on portions of State Highway Route 101, pursuant to subdivisions (a)
and (b) is the removal of any tree that has a diameter of 42 inches
or greater, measured outside the bark, at 12 inches above ground on
the side adjacent to the highest ground level, the director shall
notify the Secretary of State of that determination.
   (2) If prior to January 1,  2012   2017 
, the Director of Transportation determines that safety improvements
to the portion of State Highway Route 101 described in subdivision
(a) have resulted in the reclassification of the entire segment as a
terminal access route pursuant to subdivision (d) of Section 35401.5,
the director shall notify the Secretary of State of that
determination.
   (3) The notice required under paragraph (1) or (2) shall state
that it is being made pursuant to this section.
   (4) This section is repealed on the date the Secretary of State
receives either of the notices described in this subdivision.