Amended in Assembly June 10, 2014

Amended in Senate January 6, 2014

Senate BillNo. 469


Introduced by Senator Corbett

February 21, 2013


An act to amend Section 35110 of, and to add Section 35405 to, the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

SB 469, as amended, Corbett. Vehicles: aerodynamic vehicles.

Existing law limits the length of vehicles and combinations of vehicles coupled together. Existing law permits door handles, hinges, cable cinchers, chain binders, aerodynamic devices, and holders for the display of placards warning of hazardous materials to extend 3 inches on each side of the vehicle. Under existing law, any extension or device used to increase the carrying capacity of a vehicle is generally included in measuring the length of a vehicle, subject to certain exceptions.

This bill would also permit a tarping system, as defined, and all nonproperty carrying devices or components to extend 3 inches on each side of the vehicle, as specified. The bill would exclude an aerodynamic device, as defined, that extends no more than 5 feet beyond the rear of a vehicle from the calculation of a vehicle’s length if the device meets specified conditions, including that the device does not obscure tail lamps, turn signals, marker lamps, identification lamps, or any other required safety devices.

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Existing law limits the width of a vehicle to no more than 102 inches, with certain exceptions, including that a vehicle may have an aerodynamic device, as defined, that extends up to 3 inches beyond each side of the vehicle. Existing law prohibits an aerodynamic device from adversely impacting the vehicle’s swept width and turning characteristics.

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This bill would instead prohibit an aerodynamic device from affecting the vehicle’s turning radius, as defined, or interfering with the vehicle’s ability to complete a turn.

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

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

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SECTION 1.  

Section 35110 of the Vehicle Code is amended
2to read:

3

35110.  

(a) Door handles, hinges, cable cinchers, chain binders,
4aerodynamic devices, holders for the display of placards warning
5of hazardous materials, and a tarping system and all nonproperty
6carrying devices or components thereof, may extend three inches
7on each side of the vehicle.

8(b) begin delete(1)end deletebegin deleteend deleteFor purposes of this section, “aerodynamic device”
9means a device that uses technologies that minimize drag and
10improve airflow over an entire tractor-trailer vehicle. These include
11gap fairings that reduce turbulence between the tractor and trailer,
12side skirts that minimize wind under the trailer, and rear fairings
13that reduce turbulence and pressure drop at the rear of the begin delete trailer.
14An aerodynamic device shall not have the primary purpose of
15advertising and shall not affect the vehicle’s turning radius or
16interfere with the vehicle’s ability to complete a turn.end delete
begin insert trailer,
17provided that these devices shall not adversely impact the vehicle’s
18swept width and turning characteristics and that the primary
19purpose of the device is not for advertising.end insert

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20(2) As used in paragraph (1), “turning radius” means the angle
21that the tractor can rotate relative to the trailer while completing
22a turn.

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23(c) (1) For purposes of this section, “a tarping system” means
24a movable device used to enclose the cargo area of flatbed
25semitrailers or trailers.

26(2) Subdivision (a) applies to all component parts of a tarping
27system, including the following:

28(A) The transverse structure at the front of the vehicle to which
29the sliding walls and roof of the tarp mechanism are attached,
30provided the structure is not also intended or designed to comply
P3    1with Section 393.106 of Title 49 of the Code of Federal
2Regulations. The transverse structure may be up to 108 inches
3wide if properly centered so that neither side extends more than
4three inches beyond the structural edge of the vehicle.

5(B) The side rails running the length of the vehicle.

6(C) The rear doors, provided the only function of the rear doors
7is to seal the cargo area and anchor the sliding walls and roof.

8(D) The “wings” designed to close the gap between a
9headerboard designed to comply with Section 393.106 of Title 49
10of the Code of Federal Regulations and the movable walls and
11roof of a tarping system, provided they are add-on pieces designed
12to bear only the load of the tarping system itself and are not integral
13parts of the load-bearing headerboard structure.

14(d) For purposes of this section, a “headerboard designed to
15comply with Section 393.106 of Title 49 of the Code of Federal
16Regulations” is load bearing and does not exceed 102 inches in
17width.

18

SEC. 2.  

Section 35405 is added to the Vehicle Code, to read:

19

35405.  

(a) An aerodynamic device that extends no more than
20five feet beyond the rear of a vehicle shall not be included in
21measuring the length of the vehicle or combination of vehicles, if
22both of the following conditions are met:

23(1) The device does not have the strength, rigidity, or mass to
24damage a vehicle, or injure a passenger in a vehicle, that strikes
25the vehicle equipped with the device from the rear.

26(2) The device does not obscure tail lamps, turn signals, marker
27lamps, identification lamps, or any other required safety devices,
28including, but not limited to, hazardous materials placards or
29conspicuity markings.

30(b) For purposes of this section, “aerodynamic device” has the
31same meaning as defined in Section 35110.



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