Amended in Senate June 8, 2016

Amended in Assembly March 15, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2731


Introduced by Assembly Member O'Donnell

February 19, 2016


An act to amend Section 35700.5 of the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

AB 2731, as amended, O'Donnell. Vehicles: Terminal Island Freeway: special permits.

Existing law authorizes the Department of Transportation, upon adoption of an ordinance or resolution by the City of Carson, the City of Long Beach, and the City of Los Angeles, to issue a special permit to the operator of a vehicle, combination of vehicles, or mobile equipment, permitting the operation and movement of the vehicle, combination, or equipment, and its load, on specified routes in those cities if the vehicle, combination, or equipment meets specified criteria. Under existing law, those criteria include that the vehicle, combination of vehicles, or mobile equipment is used to transport intermodal cargo containers that are moving in international commerce, and that the maximum gross weight of the vehicles and loads not exceed 95,000 pounds gross vehicle weight.

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This bill would make changes to the criteria for the issuance of a special permit under these provisions, and would instead specify that a vehicle, combination of vehicles, or mobile equipment that exceeds the general maximum gross weight limits, but does not exceed 95,000 pounds gross vehicle weight, must be measured by the department’s determination of weight limits based on groups of consecutive axles, as specified.

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This bill would require the above-mentioned ordinance or resolution to conform with the weight limits determined by the Department of Transportation.

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Vote: majority. Appropriation: no. Fiscal committee: begin deleteyes end deletebegin insertnoend insert. State-mandated local program: no.

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

P2    1

SECTION 1.  

Section 35700.5 of the Vehicle Code is amended
2to read:

3

35700.5.  

(a) The Department of Transportation, upon adoption
4of an ordinance or resolution that is in conformance with the
5provisions of this section by the City of Carson, the City of Long
6Beach, and the City of Los Angeles, covering designated routes,
7may issue a special permit to the operator of a vehicle, combination
8of vehicles, or mobile equipment, permitting the operation and
9movement of the vehicle, combination, or equipment, and its load,
10on the 3.66-mile portion of State Route 47 and State Route 103
11known as the Terminal Island Freeway, between Willow Street in
12the City of Long Beach and Terminal Island in the City of Long
13Beach and the City of Los Angeles, and on the 2.4-mile portion
14of State Highway Route 1, that is between Sanford Avenue in the
15City of Los Angeles and Harbor Avenue in the City of Long Beach,
16if the vehicle, combination, or equipment meets all of the following
17criteria:

18(1) The vehicle, combination of vehicles, or mobile equipment
19is used to transport intermodal cargo containers that are moving
20in international commerce.

21(2) The vehicle, combination of vehicles, or mobile equipment,
22in combination with its load, has a maximum gross weight in excess
23of the maximum gross weight limit of vehicles and loads specified
24in this chapter, but does not exceed 95,000 pounds gross vehicle
25
begin delete weight, as measured by weight limits based on groups of
26consecutive axles, determined by the Department of Transportation
27pursuant to subparagraph (C) of paragraph (3).end delete
begin insert weight.end insert

P3    1(3) (A) The vehicle, combination of vehicles, or mobile
2equipment conforms to the axle weight limits specified in Section
335550.

4(B) The vehicle, combination of vehicles, or mobile equipment
5conforms to the axle weight limits in Section 35551, except as
6specified in subparagraph (C).

7(C) Vehicles, combinations of vehicles, or mobile equipment
8that impose more than 80,000 pounds total gross weight on the
9highway by any group of two or more consecutive axles, exceed
1060 feet in length between the extremes of any group of two or more
11consecutive axles, or have more than six axles shall conform to
12weight limits that shall be determined by the Department of
13Transportation.

14(b) The permit issued by the Department of Transportation shall
15be required to authorize the operation or movement of a vehicle,
16combination of vehicles, or mobile equipment described in
17subdivision (a). The permit shall not authorize the movement of
18hazardous materials or hazardous wastes, as those terms are defined
19by local, state, and federal law. The following criteria shall be
20included in the application for the permit:

21(1) A description of the loads and vehicles to be operated under
22the permit.

23(2) An agreement wherein each applicant agrees to be
24responsible for all injuries to persons and for all damage to real or
25personal property of the state and others directly caused by or
26resulting from the operation of the applicant’s vehicles or
27combination of vehicles under the conditions of the permit. The
28applicant shall agree to hold harmless and indemnify the state and
29all its agents for all costs or claims arising out of or caused by the
30 movement of vehicles or combination of vehicles under the
31conditions of the permit.

32(3) The applicant shall provide proof of financial responsibility
33that covers the movement of the shipment as described in
34subdivision (a). The insurance shall meet the minimum
35requirements established by law.

36(4) An agreement to carry a copy of the permit in the vehicle
37at all times and furnish the copy upon request of an employee of
38the Department of the California Highway Patrol or the Department
39of Transportation.

P4    1(5) An agreement to place an indicia, developed by the
2Department of Transportation, in consultation with the Department
3of the California Highway Patrol, upon the vehicle identifying it
4as a vehicle possibly operating under this section. The indicia shall
5be displayed in the lower right area of the front windshield of the
6power unit. The Department of Transportation may charge a fee
7to cover the cost of producing and issuing this indicia.

8(c) The permit issued pursuant to subdivision (a) shall be valid
9for one year. The permit may be canceled by the Department of
10Transportation for any of the following reasons:

11(1) The failure of the applicant to maintain any of the conditions
12required pursuant to subdivision (b).

13(2) The failure of the applicant to maintain a satisfactory rating,
14as required by Section 34501.12.

15(3) A determination by the Department of Transportation that
16there is sufficient cause to cancel the permit because the continued
17movement of the applicant’s vehicles under the permit would
18jeopardize the safety of the motorists on the roadway or result in
19 undue damage to the highways listed in this section.

20(d) This section does not authorize an applicant or holder of a
21special permit under subdivision (a) to operate a vehicle or
22combination of vehicles in excess of the maximum gross weight
23limit of vehicles and loads specified in this chapter outside of the
24designated corridors identified in subdivision (a). A violation of
25this subdivision shall result in the revocation of the permit.

26(e) The Department of Transportation may charge a fee to cover
27the cost of issuing a permit pursuant to subdivision (a).

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28
(f) Notwithstanding Section 35700 and Article 6 (commencing
29with Section 35780), if the City of Carson, the City of Long Beach,
30and the City of Los Angeles adopt an ordinance or resolution, as
31described in subdivision (a), the ordinance or resolution shall
32conform with the weight limits determined by the Department of
33Transportation pursuant to this section.

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