BILL NUMBER: AB 1101 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 6, 2014
INTRODUCED BY Assembly Member Chesbro
FEBRUARY 22, 2013
An act to amend Section 97 35401.7
of the Streets and Highways Vehicle
Code, relating to transportation. vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 1101, as amended, Chesbro. Safety Enhancement-Double
Fine Zones. Vehicles: State Highway Route 101:
carriers of livestock.
(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.
This bill would extend the operation of this exemption until
January 1, 2020.
(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.
This bill would extend that date to January 1, 2015.
(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.
This bill would extend that date to January 1, 2020.
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.
This bill would make a nonsubstantive change to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . 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) This section shall remain in effect only until January 1,
2015, 2020, and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1, 2015, 2020, deletes or
extends that date.
(e) (1) If prior to January 1, 2012, 2015
, 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, 2015, 2020,
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.
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.