BILL ANALYSIS Ó
SB 341
Page 1
SENATE THIRD READING
SB 341 (Alan Lowenthal)
As Amended June 21, 2011
Majority vote
SENATE VOTE :37-2
TRANSPORTATION 13-0 APPROPRIATIONS 16-0
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|Ayes:|Bonnie Lowenthal, |Ayes:|Fuentes, Harkey, | |
| |Jeffries, Achadjian, | |Blumenfield, Bradford, | |
| |Blumenfield, Bonilla, | |Charles Calderon, Campos, | |
| |Buchanan, Eng, Furutani, | |Donnelly, Gatto, Hall, | |
| |Galgiani, Miller, Norby, | |Hill, Lara, Mitchell, | |
| |Portantino, Solorio | |Nielsen, Norby, Solorio, | |
| | | |Wagner | |
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| | | |
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SUMMARY : Requires commercial vehicles having a gross vehicle
weight rating (GVWR) of 14,000 pounds or more that work in
construction or mining sites to be equipped with an alarm that
sounds automatically on backing and can be heard from a distance
of 200 feet. Specifically, this bill :
1)Requires a commercial vehicle with a GVWR in excess of 14,000
pounds that transports construction or industrial materials to
and from a mine or construction site, or both, shall be
equipped with an automatic backup audible alarm that sounds on
backing and is capable of emitting sound audible under normal
conditions from a distance of not less than 200 feet.
2)Defines "construction or industrial material" as including any
aggregate material, concrete, cement, clay, limestone, or
other construction or industrial material transported in a
bulk material haulage vehicle.
EXISTING LAW :
1)Requires that vehicles be equipped with specified equipment
for safety reasons, such as a horn, various lights and
mirrors, and a windshield defroster.
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2)Requires refuse or garbage trucks to be equipped with an
automatic backup alarm that sounds when the truck is backing
up, whether that occurs because it is operating in reverse or
it is in another gear but rolls backwards. Requires the alarm
to be audible at a distance of 100 feet.
3)Requires that, under the safety orders of the Californian
Department of Industrial Relations, Division of Occupational
Safety and Health (Cal/OSHA), vehicles capable of hauling 2.5
or more cubic yards of dirt, rock, concrete, or other
construction material operating at construction sites, to be
equipped with an automatic backup alarms that are audible from
200 feet or a functional equivalent to backup alarm.
4)Requires the Department of the California Highway Patrol (CHP)
to regulate the safe operation of vehicles. Establishes the
Biennial Inspection of Terminals (BIT) program for the CHP
inspection of commercial motor carrier vehicles at the motor
carrier's terminal.
5)Requires that all refuse or garbage trucks, purchased after
January 1, 2010, be equipped with a specified video camera for
the purpose for improving the view of the vehicle operator
when engaged in a backup maneuver.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, minor, absorbable state special fund costs to the CHP
to ensure affected trucks are properly equipped with backup
alarms as part of CHP's regular inspection of commercial
vehicles.
COMMENTS : According to the author, trucks are the primary means
of transporting aggregates and other construction materials from
production plants to construction sites. Often, hundreds of
trucks travel to, from, and through these sites in a day. This
poses a number of safety challenges due to the trucks' mobility,
the complexity of plants and sites, changing traffic patterns,
changes in driver and tractor-trailer combinations, and separate
ownership of the trucks. While most dump trucks have working
backup alarms and aggregate and construction sites enforce
Cal/OSHA vehicle alarm backup safety requirements, the author
asserts that it remains a challenge to ensure that every truck
has a working alarm, given the number of trucks and frequency of
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changes.
Statistics provided by this bill's sponsor, the California
Construction and Industrial Materials Association, indicate that
backup alarms are among the top five most cited issues at
aggregate mines (Mine Safety and Health Administration, 2010).
Further, 6% of construction fatalities are related to vehicles
(Bureau of Labor Statistics, 2002).
The author indicates that occupational safety laws require
back-up alarms for vehicles at aggregate mine and construction
sites only; dump trucks and other construction site vehicles are
not required to have back-up alarms when operated on public
roads. The author introduced this bill to close a safety gap
the proponents perceive in current law regarding backup alarms.
Enforcement : The most likely way that this bill would be
enforced is through the BIT program through which the CHP
inspects trucks weighing more than 10,000 pounds and having
three or more axles every two years. Most, but not all, of the
trucks included in the backup alarm requirements of this bill
would be included in the BIT program. In conducting the
inspection, CHP examines the trucking company's vehicles, their
maintenance records, and driver records. In addition, CHP
randomly inspects these same trucks when they stop at weigh
stations along California highways.
By adding the backup alarm requirement to the California Vehicle
Code, CHP would check trucks in the BIT program for a
functioning backup alarm during the regular and random
inspections and issue a fix-it ticket to the owners of those
trucks without the required alarm. Under a fix-it ticket, the
vehicle owner has 30 days to install an alarm, get an officer to
sign the ticket indicating that the truck now has a backup
alarm, and return the signed ticket with a $25 fee. Failure to
install an alarm in 30 days would result in a $150 base fine
(the current fine for a garbage truck lacking a backup alarm),
which with penalty assessments becomes approximately $728.
Cost : The cost of adding an alarm to a commercial vehicle is
minimal. The sponsors report that an alarm required by this
bill costs $150 or less.
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Other states : According to this bill's sponsor, a brief,
non-comprehensive survey of backup alarm as well as rear view
camera requirements of other states indicates the following:
Illinois: An audible backup alarm is required on each vehicle
equipped with a self-compactor for garbage or refuse hauls, or
with a roll-off hoist and roll-on container for garbage or
refuse hauls.
Massachusetts: Every commercial motor vehicle, or trailer
weighing, with its load, more than 12,000 pounds, and used to
deliver gasoline or other flammable material, is required to
have an audible warning system when the vehicle's transmission
is in reverse.
Virginia: Garbage trucks and highway maintenance vehicles with
a gross vehicle weight rating of 10,001 pounds or more must be
equipped with a backup alarm that meets specifications.
Washington: Rear view cameras on delivery trucks (parcel post)
are required.
Analysis Prepared by : Ed Imai / TRANS. / (916) 319-2093
FN: 0001518