Amended in Assembly April 21, 2014

Amended in Assembly April 3, 2014

Amended in Assembly March 11, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 2707


Introduced by Assembly Member Chau

February 21, 2014


An act tobegin delete add Section 35400.81 toend deletebegin insert amend Section 35400 ofend insert the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

AB 2707, as amended, Chau. Vehicles: length limitations: buses: bicycle transportation devices.

begin insert

Existing law imposes a 40-foot limitation on the length of vehicles that may be operated on the highways, with specified exemptions. Existing law exempts from this limitation a bus, except a schoolbus, operated by a public agency or a passenger stage corporation, as defined, used in transit system service if the bus is equipped with a folding device attached to the front of the bus that is designed and used exclusively for transporting bicycles, that device does not materially affect efficiency or visibility of vehicle safety equipment, and the length of the bus, exclusive of that device, does not exceed 40 feet in length. In addition, existing law prohibits the above-described device from extending more than 36 inches from the front body of the bus when fully deployed, and prohibits a bicycle that is transported on that device from having the bicycle handlebars extend more than 42 inches from the front of the bus.

end insert
begin insert

This bill would increase the lengths described in the exemption above from 36 to 40 inches, and from 42 to 46 inches.

end insert
begin delete

Existing law imposes a 40-foot limitation on the length of vehicles that may be operated on the highways, with specified exemptions. Existing law exempts from this limitation an articulated bus or trolley and a bus, except a schoolbus, that is operated by a public agency or passenger stage corporation that is used in a transit system if it is equipped with a folding device attached to the front of the vehicle that is designed and used exclusively for transporting bicycles, does not materially affect efficiency or visibility of vehicle safety equipment, and does not extend more than 36 inches from the front of the body of the bus or trolley when fully deployed. In addition, existing law prohibits a bicycle that is transported on the above-described device from having the bicycle handlebars extend more than 42 inches from the front of the vehicle.

end delete
begin delete

This bill would authorize the Los Angeles County Metropolitan Transportation Authority to install folding devices attached to the front of its buses that are designed and used exclusively for transporting bicycles as long as those devices meet certain requirements, including, but not limited to, extending not more than 40 inches from the front of the bus when fully deployed, and that the handlebars of the bicycles being transported extend not more than 46 inches from the front of the bus.

end delete
begin delete

This bill would make legislative findings and declarations as to the necessity of a special statute for the Los Angeles County Metropolitan Transportation Authority.

end delete

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 35400 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to
2read:end insert

3

35400.  

(a) A vehicle may not exceed a length of 40 feet.

4(b) This section does not apply to any of the following:

5(1) A vehicle used in a combination of vehicles when the excess
6length is caused by auxiliary parts, equipment, or machinery not
7used as space to carry any part of the load, except that the
8combination of vehicles shall not exceed the length provided for
9combination vehicles.

P3    1(2) A vehicle, when the excess length is caused by any parts
2necessary to comply with the fender and mudguard regulations of
3this code.

4(3) (A) An articulated bus or articulated trolley coach that does
5not exceed a length of 60 feet.

6(B) An articulated bus or articulated trolley coach described in
7subparagraph (A) may be equipped with a folding device attached
8to the front of the bus or trolley if the device is designed and used
9exclusively for transporting bicycles. The device, including any
10bicycles transported thereon, shall be mounted in a manner that
11does not materially affect efficiency or visibility of vehicle safety
12equipment, and shall not extend more than 36 inches from the front
13body of the bus or trolley coach when fully deployed. The
14handlebars of a bicycle that is transported on a device described
15in this subparagraph shall not extend more than 42 inches from
16the front of the bus.

17(4) A semitrailer while being towed by a motortruck or truck
18tractor, if the distance from the kingpin to the rearmost axle of the
19semitrailer does not exceed 40 feet for semitrailers having two or
20more axles, or 38 feet for semitrailers having one axle if the
21semitrailer does not, exclusive of attachments, extend forward of
22the rear of the cab of the motortruck or truck tractor.

23(5) A bus or house car when the excess length is caused by the
24projection of a front safety bumper or a rear safety bumper, or
25both. The safety bumper shall not cause the length of the vehicle
26to exceed the maximum legal limit by more than one foot in the
27front and one foot in the rear. For the purposes of this chapter,
28“safety bumper” means any device that is fitted on an existing
29bumper or which replaces the bumper and is constructed, treated,
30or manufactured to absorb energy upon impact.

31(6) A schoolbus, when the excess length is caused by the
32projection of a crossing control arm. For the purposes of this
33 chapter, “crossing control arm” means an extendable and retractable
34device fitted to the front of a schoolbus that is designed to impede
35movement of pupils exiting the schoolbus directly in front of the
36schoolbus so that pupils are visible to the driver while they are
37moving in front of the schoolbus. An operator of a schoolbus shall
38not extend a crossing control arm while the schoolbus is in motion.
39Except when activated, a crossing control arm shall not cause the
40maximum length of the schoolbus to be extended by more than 10
P4    1inches, inclusive of any front safety bumper. Use of a crossing
2control arm by the operator of a schoolbus does not, in and of
3itself, fulfill his or her responsibility to ensure the safety of students
4crossing a highway or private road pursuant to Section 22112.

5(7) A bus, when the excess length is caused by a device, located
6in front of the front axle, for lifting wheelchairs into the bus. That
7device shall not cause the length of the bus to be extended by more
8than 18 inches, inclusive of any front safety bumper.

9(8) A bus, when the excess length is caused by a device attached
10to the rear of the bus designed and used exclusively for the
11transporting of bicycles. This device may be up to 10 feet in length,
12if the device, along with any other device permitted pursuant to
13this section, does not cause the total length of the bus, including
14any device or load, to exceed 50 feet.

15(9) A bus operated by a public agency or a passenger stage
16corporation, as defined in Section 226 of the Public Utilities Code,
17used in transit system service, other than a schoolbus, when the
18excess length is caused by a folding device attached to the front
19of the bus which is designed and used exclusively for transporting
20bicycles. The device, including any bicycles transported thereon,
21shall be mounted in a manner that does not materially affect
22efficiency or visibility of vehicle safety equipment, and shall not
23extend more thanbegin delete 36end deletebegin insert 40end insert inches from the front body of the bus when
24fully deployed. The handlebars of a bicycle that is transported on
25a device described in this paragraph shall not extend more thanbegin delete 42end delete
26begin insert 46end insert inches from the front of the bus. A device described in this
27paragraph may not be used on a bus that, exclusive of the device,
28exceeds 40 feet in length or on a bus having a device attached to
29the rear of the bus pursuant to paragraph (8).

30(10) (A) A bus of a length of up to 45 feet when operating on
31those highways specified in subdivision (a) of Section 35401.5.
32The Department of Transportation or local authorities, with respect
33to highways under their respective jurisdictions, may not deny
34reasonable access to a bus of a length of up to 45 feet between the
35highways specified in subdivision (a) of Section 35401.5 and points
36of loading and unloading for motor carriers of passengers as
37required by the federal Intermodal Surface Transportation
38Efficiency Act of 1991begin delete (P.L.end deletebegin insert (Public Lawend insert 102-240).

39(B) A bus operated by a public agency and on those highways
40specified in subparagraph (A) may be equipped with a folding
P5    1device attached to the front of the bus that is designed and used
2exclusively for transporting bicycles. The device, including all
3bicycles transported thereon, may be mounted in a manner that
4does not materially affect efficiency or visibility of vehicle safety
5equipment, and may not extend more than 36 inches from the front
6body of the bus when fully deployed. The handlebars of a bicycle
7that is transported on a device described in this subparagraph may
8not extend more than 42 inches from the front of the bus. The total
9length of the bus, including the folding device or load, may not
10exceed 48.5 feet. A Route Review Committee, established under
11this subparagraph, shall review the routes where a public agency
12proposes to operate a 45-foot bus equipped with a front mounted
13bicycle rack. The Route Review Committee shall be comprised of
14one member from the public agency appointed by the general
15manager of the public agency; one member who is a traffic engineer
16and is employed and selected by the public agency that has
17jurisdiction over the largest proportional share of routes among
18all affected agencies; and one member appointed by the labor
19organization that is the exclusive representative of the bus drivers
20of the public agency. If there is no exclusive representative of the
21bus drivers, a bus driver member shall be chosen by a majority
22vote of the bus drivers employed by the agency. The members of
23the Route Review Committee shall be selected not more than 30
24days after receipt of a public agency proposal to equip a 45-foot
25bus with a front mounted bicycle rack. The review shall include a
26field review of the proposed routes. The purpose of the Route
27Review Committee is to ensure the safe operation of a 45-foot bus
28that is equipped with a front mounted bicycle rack. The Route
29Review Committee, by a unanimous vote, shall make a
30determination of which routes are suitable for the safe operation
31of a 45-foot bus that is equipped with a front mounted bicycle rack.
32These determinations shall be consistent with the operating
33requirements specified in subparagraph (A). It is the intent of the
34Legislature that the field review required under this subparagraph
35include consultation with traffic engineers from affected public
36agencies that have jurisdiction over segments of the route or routes
37under review, to ensure coordination with all effected state and
38local public road agencies that may potentially be impacted due
39to the operation of a 45-foot bus with a front mounted bicycle rack.

P6    1(11) (A) A house car of a length of up to 45 feet when operating
2on the National System of Interstate and Defense Highways or
3when using those portions of federal aid primary system highways
4that have been qualified by the United States Secretary of
5Transportation for that use, or when using routes appropriately
6identified by the Department of Transportation or local authorities,
7with respect to highways under their respective jurisdictions.

8(B) A house car described in subparagraph (A) may be operated
9on a highway that provides reasonable access to facilities for
10purposes limited to fuel, food, and lodging when that access is
11consistent with the safe operation of the vehicle and when the
12facility is within one road mile of identified points of ingress and
13egress to or from highways specified in subparagraph (A) for use
14by that vehicle.

15(C) As used in this paragraph and paragraph (10), “reasonable
16access” means access substantially similar to that authorized for
17combinations of vehicles pursuant to subdivision (c) of Section
1835401.5.

19(D) Any access route established by a local authority pursuant
20to subdivision (d) of Section 35401.5 is open for access by a house
21car of a length of up to 45 feet. In addition, local authorities may
22establish a process whereby access to services by house cars of a
23length of up to 45 feet may be applied for upon a route not
24previously established as an access route. The denial of a request
25for access to services shall be only on the basis of safety and an
26engineering analysis of the proposed access route. In lieu of
27processing an access application, local authorities, with respect to
28highways under their jurisdiction, may provide signing, mapping,
29or a listing of highways, as necessary, to indicate the use of these
30specific routes by a house car of a length of up to 45 feet.

31(c) The Legislature, by increasing the maximum permissible
32kingpin to rearmost axle distance to 40 feet effective January 1,
331987, as provided in paragraph (4) of subdivision (b), does not
34intend this action to be considered a precedent for any future
35increases in truck size and length limitations.

36(d) Any transit bus equipped with a folding device installed on
37or after January 1, 1999, that is permitted under subparagraph (B)
38of paragraph (3) of subdivision (b) or under paragraph (9) of
39subdivision (b) shall be additionally equipped with any of the
40following:

P7    1(1) An indicator light that is visible to the driver and is activated
2whenever the folding device is in an extended position.

3(2) Any other device or mechanism that provides notice to the
4driver that the folding device is in an extended position.

5(3) A mechanism that causes the folding device to retract
6automatically from an extended position.

7(e) (1) A person may not improperly or unsafely mount a
8bicycle on a device described in subparagraph (B) of paragraph
9(3) of subdivision (b), or in paragraph (9) or (10) of subdivision
10(b).

11(2) Notwithstanding subdivision (a) of Section 23114 or
12subdivision (a) of Section 24002 or any other provision of law,
13when a bicycle is improperly or unsafely loaded by a passenger
14onto a transit bus, the passenger, and not the driver, is liable for
15any violation of this code that is attributable to the improper or
16unlawful loading of the bicycle.

begin delete
17

SECTION 1.  

Section 35400.81 is added to the Vehicle Code,
18to read:

19

35400.81.  

Notwithstanding Section 35400, the Los Angeles
20County Metropolitan Transportation Authority created pursuant
21to Section 130051 of the Public Utilities Code may install a folding
22device attached to the front of a bus that is designed and used
23exclusively for transporting bicycles if the following conditions
24are met:

25(a) The device does not extend more than 40 inches from the
26front body of the bus when fully deployed.

27(b) The device, including all bicycles transported thereon, is
28mounted in a manner that does not materially affect efficiency or
29visibility of vehicle safety equipment.

30(c) The handlebars of a bicycle that is transported on a device
31described in this subdivision do not extend more than 46 inches
32from the front of the bus.

33(d) The device is installed on a bus that is not more than 40 feet
34in length.

35

SEC. 2.  

The Legislature finds and declares that a special law
36is necessary and that a general law cannot be made applicable
37within the meaning of Section 16 of Article IV of the California
38Constitution because of the unique circumstances of a large number
39of bicycle riders using buses operated by the Los Angeles County
40Metropolitan Transportation Authority and the need to determine
P8    1whether there are safety considerations in having 40-inch bicycle
2racks on the front of the authority’s buses.

end delete


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