Amended in Assembly January 6, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1101

Introduced by Assembly Member Chesbro

February 22, 2013

An act to amend Section begin delete 97 end delete begin insert 35401.7 end insert of the begin delete Streets and Highways end delete begin insert Vehicle end insert Code, relating to begin delete transportation. end delete begin insert vehicles. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1101, as amended, Chesbro. begin delete Safety Enhancement-Double Fine Zones. end delete begin insert Vehicles: State Highway Route 101: carriers of livestock. end insert

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(1) Existing law exempts, until January 1, 2015, licensed carriers of livestock from certain limitations of access upon highways 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, if the travel is necessary and incidental to the shipment of the livestock, and certain conditions are met.

end insert begin insert

This bill would extend the operation of this exemption until January 1, 2020.

end insert begin insert

(2) Existing law requires the Director of Transportation to notify the Secretary of State if, prior to January 1, 2012, the director determines that the removal of certain trees is the only possible adjustment to State Highway Route 101 that would accommodate truck sizes allowed to travel on specified portions of State Highway Route 101 pursuant to the exemption described in (1) above, the notification of which would repeal that exemption.

end insert begin insert

This bill would extend that date to January 1, 2015.

end insert begin insert

(3) Existing law requires the Director of Transportation to notify the Secretary of State if, prior to January 1, 2015, the director determines that safety improvements to specified portions of State Highway Route 101 have resulted in the reclassification of the entire segment as a terminal access route, as specified, the notification of which would repeal the exemption described in (1) above.

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This bill would extend that date to January 1, 2020.

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Existing law requires that a state highway segment be designated as a Safety Enhancement-Double Fine Zone if, among other requirements, the segment is eligible for designation and the Director of Transportation, in consultation with the Commissioner of the California Highway Patrol, certifies that the segment of state highway meets specified criteria.

end delete begin delete

This bill would make a nonsubstantive change to these provisions.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 35401.7 of the end insert begin insert Vehicle Code end insert begin insert is amended
to read: end insert

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) This section shall remain in effect only until January 1, begin delete 2015, end delete
begin insert 2020, end insert and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, begin delete 2015, end delete begin insert 2020, end insert deletes or extends
that date.

(e) (1) If prior to January 1, begin delete 2012, end delete begin insert 2015 end insert begin insert , end insert 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, begin delete 2015, end delete begin insert 2020, end insert 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.

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SECTION 1.  

Section 97 of the Streets and Highways Code is
amended to read:

97.  

(a) A state highway segment shall be designated by the
department as a Safety Enhancement-Double Fine Zone if all of
the following conditions have been satisfied:

(1)  The highway segment is eligible for designation pursuant
to subdivision (b).

(2) The Director of Transportation, in consultation with the
Commissioner of the California Highway Patrol, certifies that the
segment identified in subdivision (b) meets all of the following
criteria:

(A) The highway segment is a conventional highway or
expressway and is part of the state highway system.

(B) The rate of total collisions per mile per year on the segment
under consideration has been at least 1.5 times the statewide
average for similar roadway types during the most recent three-year
period for which data are available.

(C) The rate of head-on collisions per mile per year on the
segment under consideration has been at least 1.5 times the
statewide average for similar roadway types during the most recent
three-year period for which data are available.

(3) The Department of the California Highway Patrol or local
agency having traffic enforcement jurisdiction, as the case may
be, has concurred with the designation.

(4) The governing board of each city, or county with respect to
an unincorporated area, in which the segment is located has by
resolution indicated that it supports the designation.

(5) An active public awareness effort to change driving behavior
is ongoing either by the local agency with jurisdiction over the
segment or by another state or local entity.

(6) Other traffic safety enhancements, including, but not limited
to, increased enforcement and other roadway safety measures, are
in place or are being implemented concurrent with the designation
of the Safety Enhancement-Double Fine Zone.

(b) The following segments are eligible for designation as a
Safety Enhancement-Double Fine Zone pursuant to subdivision
(a):

State Highway Route 12 between the State Highway Route 80
junction in Solano County and the State Highway Route 5 junction
in San Joaquin County.

(c) Designation of a segment as a Safety Enhancement-Double
Fine Zone by the department pursuant to subdivision (a) shall be
done in writing and a written notification shall be provided to the
court with jurisdiction over the area in which the highway segment
is located. The designation shall be valid for a minimum of two
years from the date of submission to the court.

(d) After the two-year period, and at least every two years
thereafter, the department, in consultation with the Department of
the California Highway Patrol, shall evaluate whether the highway
segment continues to meet the conditions set forth in subdivision
(a). If the segment meets those conditions, the department shall
renew the designation in which case an updated notification shall
be sent to the court. If the department, in consultation with the
Department of the California Highway Patrol, determines that any
of those conditions no longer applies to a segment designated as
a Safety Enhancement-Double Fine Zone under this section, the
department shall revoke the designation and the segment shall
cease to be a Safety Enhancement-Double Fine Zone.

(e) A Safety Enhancement-Double Fine Zone is subject to the
rules and regulations adopted by the department prescribing
uniform standards for warning signs to notify motorists that,
pursuant to Section 42010 of the Vehicle Code, increased penalties
apply for traffic violations that are committed within a Safety
Enhancement-Double Fine Zone.

(f) (1) The department or the local authority having jurisdiction
over these highway and road segments shall place and maintain
the warning signs identifying these segments by stating that a
“Special Safety Zone Region Begins Here” and a “Special Safety
Zone Ends Here.”

(2) Increased penalties shall apply to violations under Section
42010 of the Vehicle Code only if appropriate signage is in place
pursuant to this subdivision.

(3) If designation as a Safety Enhancement-Double Fine Zone
is revoked pursuant to subdivision (d), the department shall be
responsible for removal of all signage placed pursuant to this
subdivision.

(g) Safety Enhancement-Double Fine Zones do not increase the
civil liability of the state or local authority having jurisdiction over
the highway segment under Division 3.6 (commencing with Section
810) of Title 1 of the Government Code or any other provision of
law relating to civil liability.

(1) Only the base fine shall be enhanced pursuant to this section.

(2) Notwithstanding any other provision of law, any additional
penalty, forfeiture, or assessment imposed by any other statute
shall be based on the amount of the base fine before enhancement
or doubling and shall not be based on the amount of the enhanced
fine imposed pursuant to this section.

(h) The projects specified as a Safety Enhancement-Double
Fine Zone shall not be elevated in priority for state funding
purposes.

(i) The requirements of subdivision (a) shall not apply to the
Safety Enhancement-Double Fine Zone established prior to the
effective date of this subdivision pursuant to Section 97.4 or to the
Safety Enhancement-Double Fine Zones established pursuant to
Section 97.5.

end delete