Amended in Senate June 13, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2906


Introduced by Committee on Transportation (Assembly Members Frazier (Chair),begin delete Achadjian (Vice Chair),end deletebegin insert Linder (Vice Chair),end insert Baker, Bloom,begin delete Campos,end deletebegin insert Brown,end insert Chu, Daly, Dodd, Eduardo Garcia, Gomez, Kim,begin delete Linder,end deletebegin insert Mathis,end insert Medina, Melendez, Nazarian, and O'Donnell)

March 7, 2016


An act tobegin insert amend Sections 13532 and 13570 of, and to repeal Article 19 (commencing with Section 13630) of Chapter 14 of Division 5 of, the Business and Professions Code, to amend Section 20092 of the Education Code, to amend Sections 14553 and 14553.9 of the Government Code, and toend insert amend Sectionsbegin insert 408, 5004.3,end insert 12527,begin insert 15222,end insert 21107.8,begin insert 21719, 22358.4,end insert 22502,begin insert 24603, 24612, 25300,end insert 25802,begin delete and 27903 of,end deletebegin insert 26454, 26508, 27903, 34500, and 40802 of, to add Sections 5169 and 35401.9 to,end insert and to repeal Section 5101.7 of, the Vehicle Code, relating to transportation.

LEGISLATIVE COUNSEL’S DIGEST

AB 2906, as amended, Committee on Transportation. Transportation: omnibus bill.

begin insert

(1) Existing law authorizes the Treasurer and the California Transportation Commission to pledge amounts deposited in the State Highway Account from federal transportation funds for the purposes of issuing federal highway grant anticipation notes, commonly known as GARVEE bonds, to fund transportation projects selected by the commission. Existing law requires the commission to prepare an annual analysis of the bonding capacity of those federal transportation funds.

end insert
begin insert

This bill would instead require the commission to prepare this analysis when the Department of Transportation anticipates the issuance of new notes and makes a written request in that regard, but not more than once annually.

end insert
begin insert

(2) Existing law defines “motor carrier” for purposes of the Vehicle Code as the registered owner, lessee, licensee, or bailee of specified vehicles who operates or directs the operation of the vehicle on either a for-hire or not-for-hire basis.

end insert
begin insert

This bill would include within that definition a motor carrier’s agents, officers, and representatives, as well as employees responsible for the hiring, supervising, training, assigning, or dispatching of drivers and employees concerned with the installation, inspection, and maintenance of motor vehicle equipment or accessories.

end insert
begin insert

(3) Existing law requires the Department of Motor Vehicles to establish the California Legacy License Plate Program, under which license plates that replicate the license plates from the state’s past are issued for an additional fee. Existing law requires the department to deposit this additional revenue, after it deducts its administrative costs, in the Environmental License Plate Fund.

end insert
begin insert

This bill would specify that the department’s administrative costs include the costs of including the California Legacy License Plates in existing materials that promote special license plates.

end insert
begin delete

(1)

end delete

begin insert(4)end insert Existing law authorizes the issuance of commemorative 1984 Olympic reflectorized license plates in lieu of regular license plates, as specified. Existing law requires that the issue, renewal, cancellation, retention, and transfer of the Olympic plates be subject to specified provisions as if they were environmental license plates, including, among others, provisions that impose a $48 registration fee and a $38 renewal fee for the issuance of the plates.

This bill would repeal the provisions that require the Olympic plates to be subject to the environmental license plates provisions described above.

begin insert

(5) Existing law authorizes certain tow truck drivers to utilize the center median or right shoulder of a roadway in the event of an emergency that requires the rapid removal of impediments to traffic or rendering of assistance to a disabled vehicle obstructing a roadway, if specified conditions are met.

end insert
begin insert

This bill would additionally give this authority to a tow truck driver who renders towing service or emergency road service to motorists while involved in freeway service patrol operations, pursuant to an agreement with a regional or local entity.

end insert
begin delete

(2)

end delete

begin insert(6)end insert Existing law requires a vehicle stopped or parked upon a roadway where there are adjacent curbs to be stopped or parked with the wheels of the vehicle parallel to, and within 18 inches of, the curb, as provided, except as specified.

This bill would additionally apply these provisions to vehicles stopped or parked upon a roadway where there are adjacent class IV bikeways, as defined.

begin insert

(7) Existing law requires that every vehicle be equipped with stoplamps that emit red light unless the vehicle was manufactured before January 1, 1979, in which case it may emit a red or yellow light.

end insert
begin insert

This bill would prohibit commercial vehicles from being equipped with amber stoplamps, amber taillamps, or other amber lamps that are optically combined with a stoplamp or taillamp.

end insert
begin insert

(8) Existing law authorizes a trailer and semitrailer having an overall width of 80 inches or more and manufactured prior to December 1, 1993, to be equipped with a conspicuity system specified in federal law.

end insert
begin insert

This bill would instead require that those trailers and semitrailers be equipped with retroreflective sheeting and reflex reflectors, in accordance with federal law.

end insert
begin insert

(9) Existing law requires a driver of a truck tractor or vehicle with a width of 80 inches or more to place red emergency reflectors within a specified distance of the vehicle when the vehicle is disabled or parked off the roadway during darkness. Existing law authorizes the driver to use lighted red fusees or turn signal lamps until the reflectors can be placed properly.

end insert
begin insert

This bill would additionally authorize those drivers to place liquid-burning flares by the vehicle, but would prohibit the use of these flares if the vehicle transports flammable materials, as specified.

end insert
begin insert

(10) Existing law prescribes maximum stopping distances and sets forth requirements for emergency brake systems and service brake systems for specified vehicles.

end insert
begin insert

This bill would revise and reorganize those maximum stopping distances and standards for emergency brake systems and service brake systems.

end insert
begin delete

(3)

end delete

begin insert(11)end insert Existing law requires any vehicle transporting any explosive, blasting agent, flammable liquid, flammable solid, oxidizing material, corrosive, compressed gas, poison, radioactive material, or other hazardous materials, of the type and in quantities that require the display of placards or markings on the vehicle exterior by regulations of the United States Department of Transportation, to display those placards and markings as prescribed by those regulations.

This bill wouldbegin delete alsoend delete prohibit a vehiclebegin delete described aboveend delete from displayingbegin delete otherend deletebegin insert hazardous materialsend insert markings or placardsbegin delete on the vehicle exteriorend delete unless permitted or required by specified federal regulations.

begin insert

(12) Existing law requires the Department of the California Highway Patrol to regulate the safe operation of trailers and semitrailers, among other vehicles, that are used in specified combinations, but only for matters relating to hours of service and logbooks of drivers.

end insert
begin insert

This bill would expand this requirement to include the regulation of the safe operation of trailers and semitrailers, among other vehicles, that are used in combination with any motortruck regulated by the Department of Motor Vehicles, the Public Utilities Commission, or the United States Secretary of Transportation.

end insert
begin insert

(13) Existing law generally prohibits a combination of vehicles coupled together, including attachments, from exceeding a total length of 65 feet, subject to specified exceptions.

end insert
begin insert

This bill would prohibit a driveaway-towaway combination, as defined, from exceeding 97 feet in length when transporting up to 3 saddle-mounted vehicles and one full-mounted vehicle.

end insert
begin insert

(14) Under existing law, a violation of the Vehicle Code is a crime.

end insert
begin insert

Because this bill would impose new requirements and prohibitions, a violation of which would be a crime, the bill would impose a state-mandated local program.

end insert
begin delete

(4)

end delete

begin insert(15)end insert This bill wouldbegin insert delete obsolete provisions andend insert make otherbegin delete technical and clarifyingend deletebegin insert technical, clarifying, and organizationalend insert changes.

begin insert

(16) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert
begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert

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

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

P5    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 13532 of the end insertbegin insertBusiness and Professions
2Code
end insert
begin insert is amended to read:end insert

3

13532.  

(a) It is unlawful for any person to display any
4advertising medium that indicates the price of motor vehicle fuel
5unless the advertising medium displays all of the following:

6(1) The total price per gallon, liter, or other unit of measurement
7adopted pursuant to Section 12107, 13404, or 13404.5, including
8all taxes, in numerals, and fractions when applicable, not less than
9six inches in height and of uniform size and color. For purposes
10of this article, fractions are considered one numeral. For purposes
11of this section, electricity sold as a motor vehicle fuel shall meet
12only the requirements adopted pursuant to Sectionbegin delete 13404.end deletebegin insert 13404.5.end insert

13(2) The trademark or brand of the motor vehicle fuel in letters,
14figures, or numerals not less than one-third the size of the numerals
15designating the price.

16(3) The word “gasoline” or the name of other motor vehicle fuel
17in letters not less than one-third the size of the numerals designating
18the price, but these words need not be more than four inches in
19height.

20(4) The grade designation of the motor vehicle fuel in letters or
21numerals not less than one-sixth the size of the numerals
22designating the price, but this designation need not be more than
23four inches in height.

24(5) If motor vehicle fuel prices are advertised by the unit of
25measurement other than gallon, the unit shall be displayed on the
26 advertising medium in letters not less than one-third the size of
27the numerals designating the price.

28(b) (1) It is unlawful for any person to display an advertising
29medium that advertises a discount or price reduction for motor
30vehicle fuel, unless the advertising medium contains all the
31following:

32(A) The total price per gallon, liter, or other unit of measurement
33adopted pursuant to Section 12107, 13404, or 13404.5 from which
34the discount or price reduction is to be taken.

35(B) The amount of the discount or price reduction in cents per
36gallon, liter, or other unit of measurement using numerals that do
37not exceed the height of the numerals in the advertised price.

P6    1(C) The conditions of the discount or price reduction using
2words whose letters are not less than one-third the size of the price
3numerals.

4(2) Any limitations under which the discount or price reduction
5is offered shall be explained in words whose letters are not less
6than one-third the size of the numerals indicating the prices.

7(3) There shall be available for each customer’s reference, a
8chart showing the amount of discount for each type of unit being
9sold or fraction thereof in one cent ($0.01) increments, or the retail
10dispensers used to dispense motor vehicle fuel at the discount price
11shall be set to compute the total sale at the discounted price per
12gallon or liter and shall be clearly labeled “Includes Cash Discount”
13in letters not less than one inch in height.

14(4) For purposes of this subdivision, the motor vehicle fuel shall
15be sold in the same unit of measure in which the discount and the
16price from which the discount is taken are advertised.

17(c) In the event that the same grade of motor vehicle fuel is sold
18at different prices from any single place of business, it is unlawful
19for any person to display any advertising medium that advertises
20a price of a grade of motor vehicle fuel unless the advertising
21medium advertises in numerals of equal size each of the higher
22prices, including all taxes for which the grade is sold or offered
23for sale, and unless the advertising medium explains the conditions,
24and any limitations, under which that grade is sold or offered for
25sale at different prices. The words of explanation shall be clearly
26shown in letters at least one-third the size of the numerals
27indicating the prices. The different prices at which the same grade
28of motor vehicle fuel is sold or offered for sale shall be advertised
29in the same unit of measure as permitted or required by law.

30(d) Nothing in this section prohibits any person who has posted
31or displayed a sign or advertising medium in compliance with this
32chapter from displaying additional signs or advertising media that
33state either (1) the amount of discount in cents per gallon, liter, or
34other unit of measurement adopted pursuant to Section 12107,
3513404, or 13404.5, or (2) the total price of one or more brands or
36grades of motor vehicle fuel sold or offered for sale, provided the
37conditions and any limitations of the discount or price of the brand
38or grade of motor vehicle fuel are included in the additional
39advertising media in letters not less than one-third the size of the
40numerals indicating the discount or price.

P7    1begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 13570 of the end insertbegin insertBusiness and Professions Codeend insert
2
begin insert is amended to read:end insert

3

13570.  

(a) A manufacturer, blender, agent, jobber, consignment
4agent, or distributor who distributes motor vehicle fuel thatbegin delete containend delete
5begin insert containsend insert at least 1 percent alcohol by volume, shall state on an
6invoice, bill of lading, shipping paper, or other documentation
7used in normal and customary business practices, the percentage
8of alcohol, the type of alcohol, and, except in documentation
9certifying the octane rating of gasoline as required by federal law,
10the minimum antiknock index number, as defined inbegin delete Section 13403,end delete
11begin insert subdivision (q) of Section 13400,end insert of the products distributed.

12(b) If a motor vehicle fuel product contains less than 10 percent
13ethanol, a statement in the documentation that the product “contains
14up to 10% ethanol” meets the requirement of subdivision (a) that
15it state the percentage of ethanol.

16(c) This section, as it relates to certification of the minimum
17antiknock index number, applies to all motor vehicle gasoline
18distributed.

19begin insert

begin insertSEC. 3.end insert  

end insert

begin insertArticle 19 (commencing with Section 13630) of Chapter
2014 of Division 5 of the end insert
begin insertBusiness and Professions Codeend insertbegin insert is repealed.end insert

21begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 20092 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
22read:end insert

23

20092.  

begin delete(a)end deletebegin deleteend deleteThe endowment may create a competitive grant
24program to support small capital projects in museums pursuant to
25subdivision (b) of Section 20057. The grant program shall give
26priority to the objectives listed in Section 20091. Once funding
27becomes available from the sale of specialized license plates
28pursuant to subdivision (b), funding for the grant program shall
29only be made, upon appropriation by the Legislature, from the
30funds collected pursuant tobegin delete subdivision (b).end deletebegin insert Section 5169 of the
31Vehicle Code.end insert

begin delete

32(b) If the endowment creates the grant program described in
33subdivision (a), the endowment shall apply to the Department of
34Motor Vehicles pursuant to Section 5156 of the Vehicle Code for
35the purpose of creating a specialized license plate program. It is
36 hereby warranted to the purchasers of these specialized license
37plates that the fees collected from the sale of the specialized license
38plates shall be deposited in the California Cultural and Historical
39Endowment Fund to fund the grant program described in
40subdivision (a). The endowment shall comply with all of the
P8    1requirements of Article 8.6 (commencing with Section 5151) of
2Chapter 1 of Division 3 of the Vehicle Code that apply to a state
3agency that sponsors a specialized license plate program.

end delete
4begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 14553 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
5read:end insert

6

14553.  

(a) The commission may from time to time select and
7designate eligible projects to be funded from the proceeds of notes,
8if financing of the project from the proceeds of notes has been
9approved by the Federal Highway Administration and the regional
10transportation planning agency, and the project has completed
11environmental clearance and project design.

12(b) begin deleteNotwithstanding Section 7550.5 of the Government Code,
13on or before April 1 of each year, end delete
begin insertWhen the department anticipates
14the issuance of new notes and, in conjunction with the commission,
15makes a written request in that regard, but not more than once
16annually, end insert
the commission, in conjunction with the Treasurer’s
17office, shall prepare anbegin delete annualend delete analysis of the bonding capacity of
18federal transportation funds deposited in the State Highway
19Account in the State Transportation Fund.

20begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 14553.9 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
21to read:end insert

22

14553.9.  

(a) Upon taking the actions authorized under this
23article, the commission may request the Treasurer to issue notes
24to provide funds for the eligible projects.

25(b) begin deleteNotwithstanding Section 7550.5 of the Government Code,
26on end delete
begin insertOn end insertor before April 1 of each year, the commission shall prepare
27and submit an annual report regarding the preceding calendar year
28to the Governor and the Legislature. Each report shall compile and
29detail the total amount of outstanding debt issued pursuant to this
30chapter and the projects funded by that outstanding debt.

31begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 408 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to read:end insert

32

408.  

“Motor carrier” is the registered owner, lessee, licensee,
33or bailee of any vehicle set forth in Section 34500, who operates
34or directs the operation of any such vehicle on either a for-hire or
35not-for-hire basis.begin insert “Motor carrier” also includes a motor carrier’s
36agents, officers, and representatives, as well as employees
37responsible for the hiring, supervising, training, assigning, or
38dispatching of drivers and employees concerned with the
39installation, inspection, and maintenance of motor vehicle
40equipment or accessories.end insert

P9    1begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 5004.3 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to read:end insert

2

5004.3.  

(a) Subject to subdivision (d), the department shall
3establish the California Legacy License Plate Program and create
4and issue a series of specialized license plates known as California
5Legacy License Plates that replicate the look of California license
6plates from the state’s past. The design of the plates shall be
7identical, to the extent the department determines it to be
8reasonably feasible under current manufacturing processes, to a
9regular license plate, except as provided in subdivision (b).

10(b) The California Legacy License Plates shall consist of one
11or more of the following designs:

12(1) Yellow background with black lettering per the appearance
13of California license plates issued by the department from 1956
14to 1962, inclusive.

15(2) Black background with yellow lettering per the appearance
16of California license plates issued by the department from 1965
17to 1968, inclusive.

18(3) Blue background with yellow lettering per the appearance
19of California license plates issued by the department from 1969
20to 1986, inclusive.

21(c) An applicant for the specialized license plates described in
22subdivision (a), who shall be the owner or lessee of the vehicle on
23which the plates will be displayed, may choose to either accept a
24license plate character sequence assigned by the department or
25request a combination of letters or numbers or both, subject to
26Section 5105.

27(d) In addition to the regular fees for an original registration or
28renewal of registration, the following additional fees shall be paid
29for the issuance, renewal, retention, or transfer of the specialized
30license plates:

31(1) Fifty dollars ($50) for the original issuance of the plates.

32(2) Forty dollars ($40) for a renewal of registration with the
33plates.

34(3) Fifteen dollars ($15) for transfer of the plates to another
35vehicle.

36(4) Thirty-five dollars ($35) for each substitute replacement
37plate.

38(5) Thirty-eight dollars ($38), when the payment of renewal
39fees is not required as specified in Section 4000 and the holder of
40the specialized license plates retains the plates. The fee shall be
P10   1due at the expiration of the registration year of the vehicle to which
2the specialized license plates were assigned. This paragraph shall
3not apply when a plate character sequence is assigned by the
4department pursuant to subdivision (c).

5(e) Sections 5106 and 5108 do not apply to the specialized
6license plates issued pursuant to this section.

7(f) The department shall not issue California Legacy License
8Plates for a vehicle that is exempt from the payment of registration
9fees pursuant to Section 9101 or 9103.

10(g) (1) The department shall not establish the California Legacy
11License Plate Program until the department has received not less
12than 7,500 paid applications for plates. The department shall collect
13and hold applications for the plates. The department shall not issue
14a specialized license plate until it has received not less than 7,500
15paid applications for any one of the particular plates within the
16time period prescribed in this section.

17(2) The department shall have until January 1, 2015, to receive
18the required number of applications. If, after that date, 7,500 paid
19applications have not been received for any one of the three plates
20described in subdivision (b), the department shall immediately
21refund to all applicants all fees or deposits that have been collected.

22(h) (1) Upon a determination by the department that there are
23sufficient funds for the program, moneys shall be available, upon
24appropriation by the Legislature, to the department for the
25necessary administrative costs of establishing the California Legacy
26License Plate Program.

27(2) After deducting its administrative costs under this
28subdivision, the department shall deposit any additional revenue
29derived from the issuance, renewal, transfer, retention, and
30substitution of the specialized license plates into the California
31Environmental License Plate Fund, for appropriation by the
32Legislature pursuant to existing law.begin insert For purposes of this
33paragraph, “administrative costs” includes the costs of including
34the California Legacy License Plates in materials that promote
35special license plates authorized by this chapter.end insert

36begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 5169 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to read:end insert

begin insert
37

begin insert5169.end insert  

(a) The California Cultural and Historical Endowment
38shall apply to the department to sponsor a license plate program
39pursuant to this article.

P11   1
(b) The fees specified in Section 5157 shall be imposed for the
2issuance, renewal, or transfer of specialized license plates
3authorized by this section. Notwithstanding subdivision (c) of
4Section 5157, after deducting its administrative costs, the
5department shall deposit the revenue derived from the additional
6fees into the California Cultural and Historical Endowment Fund
7to fund the grant program described in Section 20092 of the
8Education Code.

end insert
9

begin deleteSECTION 1.end delete
10
begin insertSEC. 10.end insert  

Section 5101.7 of the Vehicle Code is repealed.

11

begin deleteSEC. 2.end delete
12
begin insertSEC. 11.end insert  

Section 12527 of the Vehicle Code is amended to
13read:

14

12527.  

In addition to satisfying all requirements specified in
15this code and in regulations adopted pursuant to this code, an
16applicant for an ambulance driver certificate shall satisfy all of the
17following requirements:

18(a) Except as otherwise provided, every ambulance driver
19responding to an emergency call or transporting patients shall be
20at least 18 years of age, hold a driver’s license valid in California,
21possess a valid ambulance driver certificate, and be trained and
22competent in ambulance operation and the use of safety and
23emergency care equipment required by the California Code of
24Regulations governing ambulances.

25(b) Except as provided in subdivision (f), a person shall not
26 operate an ambulance unless the person has in his or her immediate
27possession a driver’s license for the appropriate class of vehicle
28to be driven and a certificate issued by the department to permit
29the operation of an ambulance.

30(c) An ambulance driver certificate shall only be issued by the
31department upon the successful completion of an examination
32conducted by the department and subject to all of the following
33conditions:

34(1) An applicant for an original or renewal driver certificate
35shall submit a report of medical examination on a form approved
36by the department, the Federal Motor Carrier Safety
37Administration, or the Federal Aviation Administration. The report
38shall be dated within the two years preceding the application date.

39(2) An applicant for an original driver certificate shall submit
40an acceptable fingerprint card.

P12   1(3) The certificate to drive an ambulance shall be valid for a
2period not exceeding five years and six months and shall expire
3on the same date as the driver’s license. The ambulance driver
4certificate shall only be valid when both of the following conditions
5exist:

6(A) The certificate is accompanied by a medical examination
7certificate that was issued within the preceding two years and
8approved by the department, the Federal Motor Carrier Safety
9Administration or the Federal Aviation Administration.

10(B) A copy of the medical examination report based upon which
11the certificate was issued is on file with the department.

12(4) The ambulance driver certificate is renewable under
13conditions prescribed by the department. Except as provided in
14 paragraphs (2) and (3) of subdivision (d), applicants renewing an
15ambulance driver certificate shall possess certificates or licenses
16evidencing compliance with the emergency medical training and
17educational standards for ambulance attendants established by the
18Emergency Medical Service Authority.

19(d) (1) Every ambulance driver shall have been trained to assist
20the ambulance attendant in the care and handling of the ill and
21injured.

22Except as provided in paragraph (2), the driver of a
23California-based ambulance shall, within one year of initial
24issuance of the driver’s ambulance driver certificate, possess a
25certificate or license evidencing compliance with the emergency
26medical training and educational standards established for
27ambulance attendants by the Emergency Medical Service
28Authority. In those emergencies requiring both the regularly
29assigned driver and attendant to be utilized in providing patient
30care, the specialized emergency medical training requirement shall
31not apply to persons temporarily detailed to drive the ambulance.

32(2) Paragraph (1) does not apply to an ambulance driver who
33is a volunteer driver for a volunteer ambulance service under the
34circumstances specified in this paragraph, if the service is provided
35in the unincorporated areas of a county with a population of less
36than 125,000 persons, as determined by the most recent federal
37decennial census. The operation of an ambulance subject to this
38paragraph shall only apply if the name of the driver and the
39volunteer ambulance service and facts substantiating the public
40health necessity for an exemption are submitted to the department
P13   1by the county board of supervisors and by at least one of the
2following entities in the county where the driver operates the
3ambulance:

4(A) The county health officer.

5(B) The county medical care committee.

6(C) The local emergency medical services agency coordinator.

7(3) The information required by paragraph (2) shall be submitted
8to the department at the time of application for an ambulance driver
9certificate. Upon receipt of that information, the department shall
10restrict the certificate holder to driving an ambulance for the
11volunteer ambulance service.

12(4) The director may terminate any certificate issued pursuant
13to paragraph (2) at any time the department determines that the
14qualifying conditions specified no longer exist.

15(5) The exemption granted pursuant to paragraph (2) shall expire
16on the expiration date of the ambulance driver certificate.

17(e) An ambulance certificate is not required for persons
18operating ambulances in the line of duty as salaried, regular,
19full-time police officers, deputy sheriffs, or members of a fire
20department of a public agency. This exemption does not include
21volunteers and part-time employees or members of a department
22whose duties are primarily clerical or administrative.

23begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 15222 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to
24read:end insert

25

15222.  

Any driver of a commercial motorbegin delete vehicle, who has a
26driver’s license issued by the department, andend delete
begin insert vehicleend insert who is
27convicted of any offense involving the safe operation of a motor
28begin delete vehicle,end deletebegin insert vehicleend insert shall notify his or her employer of thebegin delete conviction,end delete
29begin insert convictionend insert within 30 days of the date of conviction.

30

begin deleteSEC. 3.end delete
31
begin insertSEC. 13.end insert  

Section 21107.8 of the Vehicle Code is amended to
32read:

33

21107.8.  

(a) (1) A city, county, or city and county may, by
34ordinance or resolution, find and declare that there are privately
35owned and maintained offstreet parking facilities as described in
36the ordinance or resolution within the city, county, or city and
37county that are generally held open for use of the public for
38purposes of vehicular parking. Upon enactment by a city, county,
39or city and county of the ordinance or resolution, Sections 22350,
4023103, and 23109 and the provisions of Division 16.5
P14   1(commencing with Section 38000) shall apply to privately owned
2and maintained offstreet parking facilities, except as provided in
3subdivision (b).

4(2) (A) If a city, county, or city and county enacts an ordinance
5or resolution authorized by paragraph (1), the city, county, or city
6and county may include in that ordinance or resolution
7authorization for the operator of a privately owned and maintained
8offstreet parking facility to regulate unauthorized parking in that
9facility.

10(B) (i) If a city, county, or city and county has exercised its
11authority pursuant to subparagraph (A) and unauthorized parking
12is regulated in a privately owned and maintained offstreet parking
13facility, the owner or operator of that facility shall include in a
14parking fee invoice instructions that describe the manner in which
15to contest the parking fee invoice.

16(ii) If a city, county, or city and county has exercised its
17authority pursuant to subparagraph (A) and unauthorized parking
18is regulated in a privately owned and maintained offstreet parking
19facility, the owner or operator of that facility shall not file with,
20or transmit to, the Department of Motor Vehicles a parking fee
21invoice for the purpose of having the Department of Motor
22Vehicles attempt to collect unpaid parking fees by refusing to issue
23or renew a license pursuant to Section 12808.1 or refusing to renew
24the registration of a vehicle pursuant to Section 4760.

25(b) (1) Notwithstanding subdivision (a), an ordinance or
26resolution enacted pursuant to that subdivision does not apply to
27an offstreet parking facility unless the owner or operator has caused
28to be posted in a conspicuous place at each entrance to that offstreet
29parking facility a notice not less than 17 by 22 inches in size with
30lettering not less than one inch in height, to the effect that the
31offstreet parking facility is subject to public moving vehicle laws
32and violators may be subject to a parking invoice fee.

33(2) If applicable, a parking receipt distributed to drivers shall
34include language explicitly stating that violators may be subject
35to a parking invoice fee.

36(c) An ordinance or resolution shall not be enacted pursuant to
37subdivision (a) without a public hearing on the matter and 10 days
38prior written notice to the owner and operator of the privately
39owned and maintained offstreet parking facility involved.

P15   1(d) Section 22507.8 may be enforced without enactment of an
2ordinance or resolution as required pursuant to subdivision (a) or
3the posting of a notice at each entrance to the offstreet parking
4facility as required by paragraph (1) of subdivision (b).

5(e) The department shall not be required to provide patrol or to
6enforce any provision of this code in a privately owned and
7maintained offstreet parking facility subject to this section except
8those provisions applicable to private property actions not described
9in this section.

10(f) A city, county, or city and county that authorizes private
11parking regulation pursuant to this section shall, in its ordinance
12or resolution, include provisions that include all of the following:

13(1) Procedures for dispute resolution in accordance with Section
1440215, including all of the following:

15(A) A written and publicly available dispute resolution policy
16that includes specified time periods for notifications, review, and
17appeal.

18(B) An administrative hearing process that includes all of the
19following:

20(i) Options for a hearing in person or by mail.

21(ii) Administrative review.

22(iii) A hearing by a third-party examiner who has been
23adequately trained and who provides an independent, objective,
24fair, and impartial review.

25(iv) Personal delivery or delivery by first-class mail of the
26examiner’s decision.

27(v) Authority for the examiner to allow payment of the parking
28invoice fee in installments for persons showing evidence of
29inability to pay the parking invoice fee in full.

30(2) A prohibition against incentives based on the number of
31invoices issued or the number or percentage of disputed invoices
32adjudicated that uphold parking invoice fees.

33(3) A cap on a parking invoice fee that is commensurate with
34the most nearly equivalent municipal parking fine.

35(4) Measures to prevent a private parking regulator from
36representing itself as a government enforcement agency, including
37a prohibition against the use of terminology in ordinances,
38resolutions, and parking fee invoices that is restricted to
39governmental law enforcement and a requirement that a
40conspicuous statement be included on parking fee invoices to the
P16   1effect that “This parking invoice fee notice is not issued by the
2[local government].”

3begin insert

begin insertSEC. 14.end insert  

end insert

begin insertSection 21719 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to
4read:end insert

5

21719.  

(a) Notwithstanding any other law, in the event of an
6emergency occurring on a roadway that requires the rapid removal
7of impediments to traffic orbegin insert theend insert rendering of assistance to a disabled
8vehicle obstructing a roadway, a tow truck driver who isbegin delete eitherend delete
9 operating under an agreement with the law enforcement agency
10responsible for investigating traffic collisions on thebegin delete roadway orend delete
11begin insert roadway,end insert summoned by the owner or operator of a vehicle involved
12in a collision or that is otherwise disabled on thebegin delete roadwayend deletebegin insert roadway,
13or end insert
begin insertoperating pursuant to subdivision (a) of Section 2430.1end insert may
14utilize the center median or right shoulder of a roadway if all of
15the following conditions are met:

16(1) A peace officer employed by the investigating law
17enforcement agency is at the scene of the roadway obstruction and
18has determined that the obstruction has caused an unnecessary
19delay to motorists using the roadway.

20(2) A peace officer employed by the investigating law
21enforcement agency has determined that a tow truck can provide
22emergency roadside assistance by removing the disabled vehicle
23and gives explicit permission to the tow truck driver allowing the
24utilization of the center median or right shoulder of the roadway.

25(3) The tow truck is not operated on the center median or right
26shoulder at a speed greater than what is reasonable or prudent
27having due regard for weather, visibility, the traffic on, and the
28surface and width of, the roadway, and in no event at a speed that
29endangers the safety of persons or property.

30(4) The tow truck displays flashing amber warning lamps to the
31front, rear, and both sides while driving in the center median or
32right shoulder of a roadway pursuant to this section.

33(b) For purposes of this section, “utilize the center median”
34includes making a U-turn across the center median.

35begin insert

begin insertSEC. 15.end insert  

end insert

begin insertSection 22358.4 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to
36read:end insert

37

22358.4.  

(a) (1) Whenever a local authority determines upon
38the basis of an engineering and traffic survey that the prima facie
39speed limit of 25 miles per hour established bybegin delete paragraph (2) ofend delete
40 subdivisionbegin delete (a)end deletebegin insert (b)end insert of Section 22352 is more than is reasonable or
P17   1safe, the local authority may, by ordinance or resolution, determine
2and declare a prima facie speed limit of 20 or 15 miles per hour,
3whichever is justified as the appropriate speed limit by that survey.

4(2) An ordinance or resolution adopted under paragraph (1)
5shall not be effective until appropriate signs giving notice of the
6speed limit are erected upon the highway and, in the case of a state
7highway, until the ordinance is approved by the Department of
8Transportation and the appropriate signs are erected upon the
9highway.

10(b) (1) Notwithstanding subdivision (a) or any other provision
11of law, a local authority may, by ordinance or resolution, determine
12and declare prima facie speed limits as follows:

13(A) A 15 miles per hour prima facie limit in a residence district,
14on a highway with a posted speed limit of 30 miles per hour or
15slower, when approaching, at a distance of less than 500 feet from,
16or passing, a school building or the grounds of a school building,
17contiguous to a highway and posted with a school warning sign
18that indicates a speed limit of 15 miles per hour, while children
19are going to or leaving the school, either during school hours or
20during the noon recess period. The prima facie limit shall also
21apply when approaching, at a distance of less than 500 feet from,
22or passing, school grounds that are not separated from the highway
23by a fence, gate, or other physical barrier while the grounds are in
24use by children and the highway is posted with a school warning
25sign that indicates a speed limit of 15 miles per hour.

26(B) A 25 miles per hour prima facie limit in a residence district,
27on a highway with a posted speed limit of 30 miles per hour or
28slower, when approaching, at a distance of 500 to 1,000 feet from,
29a school building or the grounds thereof, contiguous to a highway
30and posted with a school warning sign that indicates a speed limit
31of 25 miles per hour, while children are going to or leaving the
32school, either during school hours or during the noon recess period.
33The prima facie limit shall also apply when approaching, at a
34distance of 500 to 1,000 feet from, school grounds that are not
35separated from the highway by a fence, gate, or other physical
36barrier while the grounds are in use by children and the highway
37is posted with a school warning sign that indicates a speed limit
38of 25 miles per hour.

39(2) The prima facie limits established under paragraph (1) apply
40only to highways that meet all of the following conditions:

P18   1(A) A maximum of two traffic lanes.

2(B) A maximum posted 30 miles per hour prima facie speed
3limit immediately prior to and after the school zone.

4(3) The prima facie limits established under paragraph (1) apply
5to all lanes of an affected highway, in both directions of travel.

6(4) When determining the need to lower the prima facie speed
7limit, the local authority shall take the provisions of Section 627
8into consideration.

9(5) (A) An ordinance or resolution adopted under paragraph
10(1) shall not be effective until appropriate signs giving notice of
11the speed limit are erected upon the highway and, in the case of a
12state highway, until the ordinance is approved by the Department
13of Transportation and the appropriate signs are erected upon the
14highway.

15(B) For purposes of subparagraph (A) of paragraph (1), school
16warning signs indicating a speed limit of 15 miles per hour may
17be placed at a distance up to 500 feet away from school grounds.

18(C) For purposes of subparagraph (B) of paragraph (1), school
19warning signs indicating a speed limit of 25 miles per hour may
20be placed at any distance between 500 and 1,000 feet away from
21the school grounds.

22(D) A local authority shall reimburse the Department of
23Transportation for all costs incurred by the department under this
24subdivision.

25

begin deleteSEC. 4.end delete
26
begin insertSEC. 16.end insert  

Section 22502 of the Vehicle Code is amended to
27read:

28

22502.  

(a) Except as otherwise provided in this chapter, a
29vehicle stopped or parked upon a roadway with adjacent curbs or
30class IV bikeways, as defined in Section 890.4 of the Streets and
31Highways Code, shall be stopped or parked with the right-hand
32wheels of the vehicle parallel to, and within 18 inches of, the
33right-hand curb or the right-hand edge of the class IV bikeway,
34except that a motorcycle shall be parked with at least one wheel
35or fender touching the right-hand curb or edge. If no curbs, barriers,
36or class IV bikeways bound a two-way roadway, right-hand parallel
37parking is required unless otherwise indicated.

38(b) (1) The provisions of subdivision (a) or (e) do not apply to
39a commercial vehicle if a variation from the requirements of
40 subdivision (a) or (e) is reasonably necessary to accomplish the
P19   1loading or unloading of merchandise or passengers on, or from, a
2vehicle and while anything connected with the loading, or
3unloading, is being executed.

4(2) This subdivision does not permit a vehicle to stop or park
5upon a roadway in a direction opposite to that in which traffic
6normally moves.

7(c) Notwithstanding subdivision (b), a local authority may, by
8ordinance, prohibit a commercial vehicle from stopping, parking,
9or standing on one side of a roadway in a business district with
10the wheels of the vehicle more than 18 inches from the curb or the
11edge of a class IV bikeway. The ordinance shall be effective only
12if signs are placed clearly indicating the prohibition in the areas
13to which it applies.

14(d) This section does not apply to vehicles of a public utility
15when the vehicles are being used in connection with the operation,
16maintenance, or repair of facilities of the public utility or are being
17used in connection with providing public utility service.

18(e) (1) Upon a one-way roadway, a vehicle may be stopped or
19parked as provided in subdivision (a) or with the left-hand wheels
20parallel to, and within 18 inches of, the left-hand curb or left-hand
21edge of a class IV bikeway, except that a motorcycle, if parked on
22the left-hand side, shall have either one wheel or one fender
23touching the curb or edge. If no curb, barriers, or class IV bikeway
24bound a one-way roadway, parallel parking on either side is
25required unless otherwise indicated.

26(2) This subdivision does not apply upon a roadway of a divided
27highway.

28(f) (1) The City of Long Beach may, by ordinance or resolution,
29implement a pilot program to authorize vehicles to park on the
30left-hand side of the roadway parallel to and within 18 inches of
31the left-hand curb on two-way local residential streets that dead-end
32with no cul-de-sac or other designated area in which to turn around,
33if the City of Long Beach has first made a finding, supported by
34a professional engineering study, that the ordinance or resolution
35is justified by the need to facilitate the safe and orderly movement
36of vehicles on the roadways affected by the resolution or ordinance.
37The area covered by the ordinance or resolution shall be limited
38to the streets perpendicular to Ocean Boulevard beginning at
39Balboa Place and ending at 72nd Place, but shall not cover 62nd
40Place. The ordinance or resolution permitting that parking shall
P20   1not apply until signs or markings giving adequate notice have been
2placed near the designated roadways. The city shall submit to the
3Legislature, two years from the date of the enactment of the
4ordinance or resolution that establishes the pilot program, a report
5that outlines the advantages and disadvantages of the pilot program.
6The report submitted pursuant to this subdivision shall be submitted
7in compliance with Section 9795 of the Government Code.

8(2) The pilot program authorized under this subdivision shall
9terminate, and this subdivision shall become inoperative, three
10years from the date of enactment of the ordinance or resolution
11that establishes the pilot program.

12begin insert

begin insertSEC. 17.end insert  

end insert

begin insertSection 24603 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to
13read:end insert

14

24603.  

Every motor vehicle that is not in combination with
15any other vehicle and every vehicle at the end of a combination
16of vehicles shall at all times be equipped with stoplamps mounted
17on the rear as follows:

18(a) begin deleteEvery such end deletebegin insertEach end insertvehicle shall be equipped with one or more
19stoplamps.

20(b) begin deleteEvery such end deletebegin insertEach end insertvehicle, other than a motorcycle,
21manufactured and first registered on or after January 1, 1958, shall
22be equipped with two stoplamps, except that trailers and
23semitrailers manufactured after July 23, 1973, which are less than
2430 inches wide, may be equipped with one stoplamp which shall
25be mounted at or near the vertical centerline of the trailer. If such
26vehicle is equipped with two stoplamps, they shall be mounted as
27specified in subdivision (d).

28(c)  Except as provided in subdivision (h), stoplamps on vehicles
29manufactured on or after January 1, 1969, shall be mounted not
30lower than 15 inches nor higher than 72 inches, except that a tow
31truck or a repossessor’s tow vehicle, in addition to being equipped
32with the required stoplamps, may also be equipped with two
33stoplamps which may be mounted not lower than 15 inches nor
34higher than the maximum allowable vehicle height and as far
35forward as the rearmost portion of the driver’s seat in the rearmost
36position.

37(d) begin deleteWhere end deletebegin insertWhen end inserttwo stoplamps are required, at least one shall
38be mounted at the left and one at the right side, respectively, at the
39same level.

P21   1(e) begin insert(1)end insertbegin insertend insertStoplamps on vehicles manufactured on or after January
21, 1979, shall emit a red light. Stoplamps on vehicles manufactured
3before January 1, 1979, shall emit a red or yellow light.begin delete Allend delete

begin insert

4
(2) Paragraph (1) does not apply to commercial motor vehicles,
5as defined in Section 15210 or 34500. Stoplamps on a commercial
6motor vehicle shall emit red light. A commercial motor vehicle
7shall not be equipped with an amber stoplamp, amber taillamp,
8or other amber lamp that is optically combined with a stoplamp
9or taillamp.

end insert

10begin insert (f)end insertbegin insertend insertbegin insertAllend insert stoplamps shall be plainly visible and understandable
11from a distance of 300 feetbegin delete toend deletebegin insert fromend insert the rearbegin insert of the vehicleend insert both
12during normal sunlight and at nighttime, except that stoplamps on
13a vehicle of a size required to be equipped with clearance lamps
14shall be visible from a distance of 500 feetbegin insert from the rear of the
15vehicleend insert
during those times.

begin delete

16(f)

end delete

17begin insert(g)end insert Stoplamps shall be activated upon application of the service
18(foot) brake and the hand control head for air, vacuum, or electric
19brakes. In addition, all stoplamps may be activated by a mechanical
20device designed to function only upon sudden release of the
21accelerator while the vehicle is in motion. Stoplamps on vehicles
22equipped with a manual transmission may be manually activated
23by a mechanical device when the vehicle is downshifted if the
24device is automatically rendered inoperative while the vehicle is
25accelerating.

begin delete

26(g)

end delete

27begin insert(h)end insertbegin insert(1)end insertbegin insertend insertAny vehicle may be equipped with supplemental
28stoplamps mounted to the rear of the rearmost portion of the
29driver’s seat in its rearmost position in addition to the lamps
30required to be mounted on the rear of the vehicle. Supplemental
31stoplamps installed after January 1, 1979, shall be red in color and
32mounted not lower than 15 inches above the roadway. The
33supplemental stoplamp on that side of a vehicle toward which a
34turn will be made may flash as part of the supplemental turn signal
35lamp.

36begin insert(2)end insertbegin insertend insertA supplemental stoplamp may be mounted inside the rear
37window of a vehicle, if it is mounted at the centerline of the vehicle
38and is constructed and mounted so as to prevent any light, other
39than a monitorial indicator emitted from the device, either direct
40or reflected, from being visible to the driver.

begin delete

P22   1(h)

end delete

2begin insert(i)end insert Any supplemental stoplamp installed after January 1, 1987,
3shall comply with Federal Motor Vehicle Safety Standard No. 108
4(49 C.F.R. 571.108). Any vehicle equipped with a stoplamp that
5complies with the federal motor vehicle safety standards applicable
6to that make and model vehicle shall conform to that applicable
7safety standard unless modified to comply with the federal motor
8vehicle safety standard designated in this subdivision.

9begin insert

begin insertSEC. 18.end insert  

end insert

begin insertSection 24612 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to
10read:end insert

11

24612.  

(a) All trailers and semitrailers having an overall width
12of 80 inches or more and a gross vehicle weight rating of more
13than 10,000 pounds, and manufactured on or after December 1,
141993, except those designed exclusively for living or office use,
15and all truck tractors manufactured on or after July 1, 1997, shall
16be equipped with the conspicuity system specified in federal Motor
17Vehicle Safety Standard No. 108 (49 C.F.R. 571.108). The
18conspicuity system shall consist of either retroreflective sheeting
19or reflex reflectors, or a combination of retroreflective sheeting
20and reflex reflectors, as specified in the federal standard applicable
21on the date of manufacture of the vehicle.

22(b) Anybegin delete trailer, semitrailer, orend delete motor truck having an overall
23width of 80 inches or more and manufactured prior to December
241, 1993, and any truck tractor manufactured prior to July 1, 1997,
25may be equipped with the conspicuity system described in
26subdivision (a).

begin insert

27
(c) All trailers and semitrailers having an overall width of 80
28inches or more and a gross vehicle weight rating of more than
2910,000 pounds, and manufactured before December 1, 1993, shall
30comply with Section 393.13 of Title 49 of the Code of Federal
31Regulations.

end insert
32begin insert

begin insertSEC. 19.end insert  

end insert

begin insertSection 25300 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to
33read:end insert

34

25300.  

(a) Every vehicle which, if operated during darkness,
35would be subject to thebegin delete provisionsend deletebegin insert requirementsend insert of Section 25100,
36and every truck tractor, irrespective of width, shall at all times be
37equipped with at least three red emergency reflectors. The reflectors
38need be carried by only one vehicle in a combination.

39All reflectors shall be maintained in good working condition.

P23   1(b) Whenbegin delete any suchend deletebegin insert theend insert vehicle is disabled on the roadway during
2darkness, reflectors of the type specified in subdivision (a) shall
3be immediately placed as follows:

4(1) One at the traffic side of the disabled vehicle, not more than
510 feet to the front or rearbegin delete thereof;end deletebegin insert of the vehicle.end insert

6(2) One at a distance of approximately 100 feet to the rear of
7the disabled vehicle in the center of the traffic lane occupied by
8
begin delete such vehicle; andend deletebegin insert the vehicle.end insert

9(3) One at a distance of approximately 100 feet to the front of
10the disabled vehicle in the center of the traffic lane occupied by
11such vehicle.

12(4) If disablement ofbegin delete any suchend deletebegin insert theend insert vehicle occurs within 500
13feet of a curve, crest of a hill, or other obstruction to view, the
14driver shall so place the reflectors in that direction as to afford
15ample warning to other users of the highway, but in no case less
16than 100 nor more than 500 feet from the disabled vehicle.

17(5) If disablement of the vehicle occurs upon any roadway of a
18divided or one-way highway, the driver shall place one reflector
19at a distance of approximately 200 feet and onebegin delete suchend delete reflector at
20a distance of approximately 100 feet to the rear of the vehicle in
21the center of the lane occupied by the stopped vehicle, and one
22begin delete suchend delete reflector at the traffic side of the vehicle not more than 10
23feet to the rear of the vehicle.

24(c) Whenbegin delete any suchend deletebegin insert theend insert vehicle is disabled or parked off the
25roadway but within 10 feet thereof during darkness, warning
26reflectors of the type specified in subdivision (a) shall be
27immediately placed by the driver as follows: one at a distance of
28approximately 200 feet and one at a distance of approximately 100
29feet to the rear of the vehicle, and one at the traffic side of the
30vehicle not more than 10 feet to the rear of the vehicle. The
31reflectors shall, if possible, be placed between the edge of the
32roadway and the vehicle, but in no event less than two feet to the
33left of the widest portion of the vehicle or load thereon.

34(d) begin insert(1)end insertbegin insertend insertUntil the reflectors required by this section can be placed
35properly, the requirements of this section may be complied with
36temporarilybegin delete by eitherend deletebegin insert either byend insert placing lighted red fuseesbegin insert or
37liquid-burning flaresend insert
in the required locations or bybegin delete use ofend deletebegin insert usingend insert
38 turn signal lamps, but only if front turn signal lamps at each side
39are being flashed simultaneously and rear turn signal lamps at each
40side are being flashed simultaneously.

begin insert

P24   1
(2) The driver of a commercial motor vehicle equipped with
2fusees or liquid-burning flares shall place a lighted fusee or
3liquid-burning flare at each of the locations specified in subdivision
4(b). There shall be at least one lighted fusee or liquid-burning flare
5at each of the prescribed locations for as long as the commercial
6motor vehicle is stopped. Before the stopped commercial vehicle
7is moved, the driver shall properly extinguish and remove each
8fusee or liquid-burning flare.

end insert
begin insert

9
(3) If gasoline or any other flammable or combustible liquid or
10gas seeps or leaks from a fuel container or commercial motor
11vehicle stopped upon a highway, an emergency warning signal
12producing a flame shall not be lighted or placed except at a
13distance from the liquid or gas as will assure the prevention of a
14fire or explosion.

end insert
begin insert

15
(4) (A) A driver shall not use or permit the use of any
16flame-producing emergency signal for protecting any of the
17following:

end insert
begin insert

18
(i) A commercial vehicle transporting Division 1.1, Division
191.2, or Division 1.3 explosives, as classified by the United States
20Department of Transportation.

end insert
begin insert

21
(ii) A cargo tank motor vehicle, whether loaded or empty, used
22for the transportation of any Class 3 flammable liquid or Division
232.1 flammable gas, as classified by the United States Department
24of Transportation.

end insert
begin insert

25
(iii) A commercial motor vehicle using compressed gas as a
26motor fuel.

end insert
begin insert

27
(B) In lieu of a flame-producing emergency signal, emergency
28reflective triangles, red electric lanterns, or red emergency
29reflectors shall be used, the placement of which shall be in the
30same manner as prescribed in Section 392.22(b) of Title 49 of the
31Code of Federal Regulations.

end insert

32(e) The reflectors shall be displayed continuously during
33darkness while the vehicle remains disabled upon the roadway or
34parked or disabled within 10 feet thereof.

35(f) Subdivisions (b), (c), (d), and (e) do not apply to a vehicle
36under either of the following circumstances:

37(1) Parked in a legal position within the corporate limits of any
38city.

39(2) Parked in a legal position upon a roadway bounded by
40adjacent curbs.

P25   1(g) In addition to the reflectors specified in subdivision (a), an
2emergency warning sign or banner may be attached to a vehicle
3which is disabled upon the roadway or which is parked or disabled
4within 10 feet of a roadway.

5

begin deleteSEC. 5.end delete
6
begin insertSEC. 20.end insert  

Section 25802 of the Vehicle Code is amended to
7read:

8

25802.  

Sections 24002, 24005, 24012, 24250, 24251, 24400
9to 24404, inclusive, 24600 to 24604, inclusive, 24606 to 24610,
10inclusive, Article 4 (commencing with Section 24800), Article 5
11(commencing with Section 24950), Article 6 (commencing with
12Section 25100), Article 9 (commencing with Section 25350),
13Article 11 (commencing with Section 25450), and Article 13
14(commencing with Section 25650) of Chapter 2 of this division,
15Chapter 3 (commencing with Section 26301), Chapter 4
16(commencing with Section 26700), and Chapter 5 (commencing
17with Section 27000) of this division, and Chapter 5 (commencing
18with Section 31301) of Division 13 do not apply to logging vehicles
19or any vehicle of a type subject to registration under this code that
20is not designed, used, or maintained for the transportation of
21persons or property and that is operated or moved over a highway
22only incidentally; but any such vehicle shall be subject to Sections
23 2800, 2806, 24004, 25260, 25803, 25950, 25952, 26457, 27454,
2427602, 31500, and 40150, and to Article 12 (commencing with
25Section 25500) of Chapter 2 of this division.

26begin insert

begin insertSEC. 21.end insert  

end insert

begin insertSection 26454 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to
27read:end insert

28

26454.  

(a) The service brakes of every motor vehicle or
29combination of vehicles shall be adequate to control the movement
30of and to stop and holdbegin delete suchend deletebegin insert theend insert vehicle or combination of vehicles
31under all conditions ofbegin delete loading on any grade on which it is
32operated.end delete
begin insert loading.end insert

33(b) Every motor vehicle or combination of vehicles, at any time
34and under all conditions of loading, shall, upon application of the
35service brake, be capable of stopping from an initial speed of 20
36miles per hour according to the following requirements:

begin deleteP26  17

 

 

Maximum
Stopping
Distance
(feet)

(1)Any passenger vehicle   

25

(2) Any single motor vehicle with a manufacturer’s gross

vehicle weight rating of less than 10,000 lbs.   

30

(3) Any combination of vehicles consisting of a

 passenger vehicle or any motor vehicle with a

 manufacturer’s gross vehicle weight rating of

 less than 10,000 lbs. in combination with any

trailer, semi­trailer or trailer coach   

40

(4) Any single motor vehicle with a manufacturer’s gross

 vehicle weight rating of 10,000 lbs. or more or

any bus   

40

(5)All other combinations of vehicles   

50

P26  39

 

end delete

 

begin insert
begin insert end insertbegin insert

Maximum
Stopping
Distance
(feet)

end insert
begin insert

(1)Passenger-carrying vehicles with a seating capacity of 10 or fewer persons, including the driver, and built on a passenger car chassis    

end insert
begin insert

20

end insert
begin insert

(2)Passenger-carrying vehicles with a seating capacity of more than 10 persons, including the driver, and built on a passenger car chassis; vehicles built on a truck or bus chassis and having a GVWR of 10,000 pounds or less   

end insert
begin insert

25

end insert
begin insert

(3)All other passenger-carrying vehicles   

end insert
begin insert

35

end insert
begin insert

(4)Single-unit property-carrying vehicles having a GVWR of 10,000 pounds or less   

end insert
begin insert

25

end insert
begin insert

(5)Single-unit property-carrying vehicles having a GVWR of more than 10.000 pounds, except truck tractors; combinations of a 2-axle towing vehicle and trailer having a GVWR of 3,000 pounds or less; all combinations of 2 or fewer vehicles in driveaway or towaway operation   

end insert
begin insert

35

end insert
begin insert

(6)All other property-carrying vehicles and combinations of property-carrying vehicles   

end insert
begin insert

40

end insert
end insert
6P27  2935P27  1736P27  20

 

begin insert

P27   1
(c) Every motor vehicle or combination of vehicles, at any time
2and under all conditions of loading, shall, upon application of the
3service brake, be capable of developing a braking force at least
4equal to the percentage of its gross weight according to the
5following requirements:

end insert

 

begin insert
begin insert end insertbegin insert

Braking force as a percentage of gross vehicle or combination weight

end insert
begin insert

(1)Passenger-carrying vehicles with a seating capacity of 10 or fewer persons, including the driver, and built on a passenger car chassis   

end insert
begin insert

65.2

end insert
begin insert

(2)Passenger-carrying vehicles with a seating capacity of more than 10 persons, including driver, and built on a passenger car chassis; vehicles built on a truck or bus chassis and having a GVWR of 10,000 pounds or less   

end insert
begin insert

52.8

end insert
begin insert

(3)All other passenger-carrying vehicles    

end insert
begin insert

43.5

end insert
begin insert

(4)Single-unit property-carrying vehicles having a GVWR of 10,000 pounds or less    

end insert
begin insert

52.8

end insert
begin insert

(5)Single-unit property-carrying vehicles having a GVWR of more than 10,000 pounds, except truck tractors; combinations of a 2-axle towing vehicle and trailer having a GVWR of 3,000 pounds or less; all combinations of 2 or fewer vehicles in driveaway or towaway operation   

end insert
begin insert

43.5

end insert
begin insert

(6)All other property-carrying vehicles and combinations of property-carrying vehicles   

end insert
begin insert

43.5

end insert
end insert
P27  2935P27  1736P27  20

 

begin insert

30
(d) Every motor vehicle or combination of vehicles, at any time
31and under all conditions off loading, shall, upon application of
32the service brake, be capable of decelerating to a stop from 20
33miles per hour at not less than the rate specified in the following
34requirements:

end insert

 

begin insert
begin insert end insertbegin insert

Deceleration in
feet per second

end insert
begin insert

(1)Passenger-carrying vehicles with a seating capacity of 10 or fewer persons, including the driver, and built on a passenger car chassis    

end insert
begin insert

21

end insert
begin insert

(2)Passenger-carrying vehicles with a seating capacity of more than 10 persons, including the driver, and built on a passenger car chassis; vehicles built on a truck or bus chassis and having a GVWR of 10,000 pounds or less   

end insert
begin insert

17

end insert
begin insert

(3)All other passenger-carrying vehicles   

end insert
begin insert

14

end insert
begin insert

(4)Single-unit property-carrying vehicles having a GVWR of 10,000 pounds or less   

end insert
begin insert

17

end insert
begin insert

(5)Single-unit property-carrying vehicles having a GVWR of more than 10,000 pounds, except truck tractors; combinations of a 2-axle towing vehicle and trailer having a GVWR of 3,000 pounds or less; all combinations of 2 or fewer vehicles in driveaway or towaway operation   

end insert
begin insert

14

end insert
begin insert

(6)All other property-carrying vehicles and combinations of property-carrying vehicles   

end insert
begin insert

14

end insert
end insert
P27  1736P27  20

 

begin insert

18
(e) Upon application of its service brakes, a motor vehicle or
19combination of motor vehicles shall, under any condition of loading
20in which it is found on a public highway, be capable of stopping
21within the distance specified in subdivision (b) and developing
22only the braking force specified in subdivision (c), if braking force
23is measured by a performance-based brake tester that meets the
24requirements of functional specifications for performance-based
25brake testers for commercial motor vehicles and braking force is
26the sum of the braking force at each wheel of the vehicle or vehicle
27combination as a percentage of gross vehicle or combination
28weight.

end insert
begin insert

29
(f) Upon application of its emergency brake system and with
30no other brake system applied, a motor vehicle or combination of
31motor vehicles shall, under any condition of loading in which it
32is found on a public highway, be capable of stopping from 20 miles
33per hour in a distance, measured from the point at which movement
34of the emergency brake control begins, that is not greater than the
35distance specified in the following:

end insert

 

begin insert
begin insert end insertbegin insert

Maximum
Stopping
Distance
(feet)

end insert
begin insert

(1)Passenger-carrying vehicles with a seating capacity of 10 or fewer persons, including the driver, and built on a passenger car chassis    

end insert
begin insert

54

end insert
begin insert

(2)Passenger-carrying vehicles with a seating capacity of more than 10 persons, including the driver, and built on a passenger car chassis; vehicles built on a truck or bus chassis and having a GVWR of 10,000 pounds or less   

end insert
begin insert

66

end insert
begin insert

(3)All other passenger-carrying vehicles   

end insert
begin insert

85

end insert
begin insert

(4)Single-unit property-carrying vehicles having a GVWR of 10,000 pounds or less   

end insert
begin insert

66

end insert
begin insert

(5)Single-unit property-carrying vehicles having a GVWR of more than 10,000 pounds, except truck tractors; combinations of a 2-axle towing vehicle and trailer having a GVWR of 3,000 pounds or less; all combinations of 2 or fewer vehicles in driveaway or towaway operation   

end insert
begin insert

85

end insert
begin insert

(6)All other property-carrying vehicles and combinations of property-carrying vehicles   

end insert
begin insert

90

end insert
end insert
P27  20

 

begin insert

21
(g) Conformity to the stopping-distance requirements of this
22section shall be determined under the following conditions:

end insert
begin insert

23
(1) Any test shall be made with the vehicle on a hard surface
24that is substantially level, dry, smooth, and free of loose material.

end insert
begin insert

25
(2) The vehicle shall be in the center of a 12-foot-wide lane
26when the test begins and shall not deviate from that lane during
27the test.

end insert
begin insert

28
(h) For purposes of this section, “GVWR” means the
29manufacturer’s gross vehicle weight rating, as defined in Section
30350.

end insert
31begin insert

begin insertSEC. 22.end insert  

end insert

begin insertSection 26508 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to
32read:end insert

33

26508.  

Every vehicle or combination of vehicles using
34compressed air at the wheels for applying the service brakes shall
35be equipped with an emergency stopping system meeting the
36requirements of this section and capable of stopping the vehicle
37or combination of vehicles in the event of failure in the service
38brake air system as follows:

P30   1(a) Every motor vehicle operated either singly or in a
2combination of vehicles and every towed vehicle shall be equipped
3with an emergency stopping system.

4(b) Motor vehicles used to tow vehiclesbegin delete whichend deletebegin insert thatend insert use
5compressed air at the wheels for applying the service brakes shall
6be equipped with a device or devices with both a manual and
7automatic means of actuating the emergency stopping system on
8the towed vehicle as follows:

9(1) The automatic device shall operate automatically in the event
10of reduction of the service brake air supply of the towing vehicle
11to a fixed pressure which shall be not lower than 20 pounds per
12square inch nor higher than 45 pounds per square inch.

13(2) The manual device shall be readily operable by a person
14seated in the driver’s seat, with its emergency position or method
15of operation clearly indicated. In no instance may the manual
16means be so arranged as to permit its use to prevent operation of
17the automatic means.

18(c) Motor vehicles manufactured prior to 1964 shall be deemed
19to be in compliance with subdivisions (e) and (f) when equipped
20with axle-by-axle protected airbrakes using a separate air tank
21system for each of at least two axles, provided that each system
22independently meets all other requirements of this section. Each
23system shall be capable of being manually applied, released, and
24reapplied from the driver’s seat but shall not be capable of being
25released from the driver’s seat after any reapplication unless there
26is available a means which can be applied from the driver’s seat
27to stop and hold the vehicle or combination of vehicles.

28(d) Towed vehicles shall be deemed to be in compliance with
29this section when:

30(1) The towed vehicle is equipped with a no-bleed-back
31relay-emergency valve or equivalent device, so designed that the
32supply reservoir used to provide air for the brakes is safeguarded
33against backflow of air from the reservoir through the supply line,

34(2) The brakes are applied automatically and promptly upon
35breakaway from the towing vehicle and maintain application for
36at least 15 minutes, and

37(3) The combination of vehicles is capable of stopping within
38the distance and under the conditions specified inbegin delete subdivisions (k)
39and (end delete
begin deletelend deletebegin delete).end deletebegin insert Section 26454.end insert

P31   1(e) If the service brake system and the emergency stopping
2system are connected in any way, they shall be so constructed that
3a failure or malfunction in any one part of either system, including
4brake chamber diaphragm failure but not including failure in the
5drums,begin delete brakeshoes,end deletebegin insert brake shoes,end insert or other mechanical parts of the
6wheel brake assemblies, shall not leave the vehicle without one
7operative stopping system capable of complying with the
8performance requirements inbegin delete subdivision (k).end deletebegin insert Section 26454.end insert

9(f) Every emergency stopping system shall be designed so that
10it is capable of being manually applied, released, and reapplied by
11a person seated in the driver’s seat. The system shall be designed
12so that it cannot be released from the driver’s seat after any
13reapplication unless immediate further application can be made
14from the driver’s seat to stop and hold the vehicle or combination
15of vehicles. The emergency stopping system may also be applied
16automatically.

17(g) begin deleteNo end deletebegin insertA end insertvehicle or combination of vehicles upon failure of the
18service brake air system shallbegin insert notend insert be driven on a highway under
19its own power except to the extent necessary to move the vehicles
20off the roadway to the nearest place of safety.

21(h) begin deleteNo end deletebegin insertA end insertvehicle or combination of vehicles shallbegin insert notend insert be
22equipped with an emergency stopping system that creates a hazard
23on the highway, or increases the service brake stopping distance
24of a vehicle or combination of vehicles, or interferes in any way
25with the application of the service brakes on any vehicle or
26combination of vehicles.

27(i) Any energy-storing device which is a part of the emergency
28stopping system shall be designed so that it is recharged or reset
29from the course of compressed air or other energy produced by
30the vehicle, except that energy to release the emergency stopping
31system may be produced by the driver’s muscular effort from the
32driver’s seat.begin delete Noend deletebegin insert Aend insert device shallbegin insert notend insert be usedbegin delete whichend deletebegin insert thatend insert can be set
33to prevent automatic delivery of air to protected air supply
34reservoirs of motor vehicle emergency stopping systems when air
35is available in the service brake air supply system.

36(j) Any vehicle manufactured on or after January 1, 1964, which
37uses axle-by-axle protected airbrakes as the emergency stopping
38system shall use a separate air tank system for each axle, except
39that motor vehicles equipped with a dual or tandem treadle valve
P32   1system need have no more than two protected air tanks in such
2system, one for each valve.

begin delete

3(k) Every motor vehicle or combination of vehicles, at all times
4and under all conditions of loading, upon application of the
5emergency stopping system, shall be capable of:

end delete
begin delete

6(1) Developing a stopping force that is not less than the
7percentage of its gross weight tabulated herein for its classification.

end delete
begin delete

8(2) Decelerating in a stop from 20 miles per hour at not less
9than the feet per second per second tabulated herein for its
10classification, and

end delete
begin delete

11(3) Stopping from a speed of 20 miles per hour in not more than
12the distance tabulated herein for its classification, such distance
13to be measured from the point at which movement of the
14emergency stopping system control begins.

end delete

15

 

begin delete
 

EMERGENCY STOPPING SYSTEM REQUIREMENTS

  
 

Classification of vehicle and combination of vehicles

Stopping force as a percentage of gross vehicle or combination weight

Deceleration in feet per second per second

Stopping distance in feet

A 

Single-motor vehicles   

16.7

5.5

 90

B 

Combination of vehicles   

19.0

6.0

 90

C 

Single-motor vehicle with 3 or more axles manufactured prior to 1964   

12.1

4.0

120

end delete
P32  28

 

begin delete

29(l) Tests for deceleration and stopping distance shall be made
30on a substantially level, dry, smooth, hard surface that is free from
31loose material and where the grade does not exceed plus or minus
321 percent. No test of emergency stopping system performance shall
33be made upon a highway at a speed in excess of 25 miles per hour.

end delete
begin delete

34(m) The provisions of this

end delete

35begin insert(k)end insertbegin insertend insertbegin insertThisend insert sectionbegin delete shallend deletebegin insert doesend insert not applybegin delete to:end deletebegin insert to any of the following:end insert

36(1) Auxiliary dollies, special mobile equipment, or special
37construction equipment.

38(2) Motor vehicles which are operated in a driveaway-towaway
39operation and not registered in this state.

40(3) Disabled vehicles when being towed.

P33   1(4) Vehicles which are operated under a one-trip permit as
2provided in Section 4003.

3(5) Vehicles which because of unladen width, length, height or
4weight may not be moved upon the highway without the permit
5specified in Section 35780.

begin delete

6(n) The emergency stopping system requirements specified in
7subdivision (k) shall not apply to a vehicle or combination of
8vehicles being operated under a special weight permit nor to any
9overweight authorized emergency vehicle operated under the
10provisions of Section 35002.

end delete
begin delete

11(o)

end delete

12begin insert(end insertbegin insertlend insertbegin insert)end insert Every owner or lessee shall instruct and require that the driver
13be thoroughly familiar with the requirements of this section. The
14driver of a vehicle or combination of vehicles required to comply
15with the requirements of this section shall be able to demonstrate
16the application and release of the emergency system on the vehicle
17and each vehicle in the combination.

18

begin deleteSEC. 6.end delete
19
begin insertSEC. 23.end insert  

Section 27903 of the Vehicle Code is amended to
20read:

21

27903.  

(a) Subject to Section 114765 of the Health and Safety
22Code, a vehicle transporting an explosive, blasting agent,
23flammable liquid, flammable solid, oxidizing material, corrosive,
24compressed gas, poison, radioactive material, or other hazardous
25materials, of the type and in quantities that require the display of
26placards or markings on the vehicle exterior by the United States
27Department of Transportation pursuant to Parts 172, 173, and 177
28of Title 49 of the Code of Federal Regulations shall display those
29placards and markings in the manner and under conditions
30prescribed by those regulations.

31(b) begin deleteA vehicle described in subdivision (a) end deletebegin insertNotwithstanding
32 subdivision (a), a vehicle end insert
shall not displaybegin delete other markings or
33placards on the vehicle exteriorend delete
begin insert hazardous materials placards or
34markingsend insert
unless permitted or required by Subparts D and F of Part
35172 of Title 49 of the Code of Federal Regulations.

36(c) This section does not apply tobegin insert any ofend insert the following:

37(1) A vehicle transporting not more than 20 pounds of smokeless
38powder or not more than five pounds of black sporting powder or
39any combination thereof.

P34   1(2) An authorized emergency vehicle as defined in paragraph
2(1) of subdivision (b) of Section 165, operated by a peace officer
3as defined in Sections 830.1 and 830.2 of the Penal Code, when
4transportation is required within the scope and course of law
5enforcement explosives detection or removal duties,begin delete provided oneend delete
6begin insert if eitherend insert of the following conditions applies:

7(A) The law enforcement agency operating the vehicle complies
8with regulations adopted by the California Highway Patrol pursuant
9to subdivision (b) of Section 34501, notwithstanding Section 34500
10and subdivision (a) of Section 34501.

11(B) The peace officer possesses an exemption issued by the
12commissioner, who may require additional transportation
13restrictions as deemed appropriate.

14begin insert

begin insertSEC. 24.end insert  

end insert

begin insertSection 34500 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to
15read:end insert

16

34500.  

The department shall regulate the safe operation of the
17following vehicles:

18(a) Motortrucks of three or more axles that are more than 10,000
19pounds gross vehicle weight rating.

20(b) Truck tractors.

21(c) Buses, schoolbuses, school pupil activity buses, youth buses,
22farm labor vehicles, modified limousines, and general public
23paratransit vehicles.

24(d) Trailers and semitrailers designed or used for the
25transportation of more than 10 persons, and the towing motor
26vehicle.

27(e) Trailers and semitrailers, pole or pipe dollies, auxiliary
28 dollies, and logging dollies used in combination with vehicles
29listed in subdivision (a), (b), (c),begin delete or (d).end deletebegin insert (d), or (j).end insert This subdivision
30does not include camp trailers, trailer coaches, and utility trailers.

31(f) A combination of a motortruck and a vehicle or vehicles set
32forth in subdivision (e) that exceeds 40 feet in length when coupled
33together.

34(g) A vehicle, or a combination of vehicles, transporting
35hazardous materials.

36(h) Manufactured homes that, when moved upon the highway,
37are required to be moved pursuant to a permit as specified in
38Section 35780 or 35790.

P35   1(i) A park trailer, as described in Section 18009.3 of the Health
2and Safety Code, that, when moved upon a highway, is required
3to be moved pursuant to a permit pursuant to Section 35780.

4(j) Any other motortruck not specified in subdivisions (a) to
5(h), inclusive, or subdivision (k), that is regulated by the
6Department of Motor Vehicles,begin insert theend insert Public Utilities Commission,
7orbegin insert theend insert United States Secretary ofbegin delete Transportation, but only for
8matters relating to hours of service and logbooks of drivers.end delete

9
begin insert Transportation.end insert

10(k) A commercial motor vehicle with a gross vehicle weight
11rating of 26,001 or more pounds or a commercial motor vehicle
12of any gross vehicle weight rating towing a vehicle described in
13subdivision (e) with a gross vehicle weight rating of more than
1410,000 pounds, except combinations including camp trailers, trailer
15coaches, or utility trailers. For purposes of this subdivision, the
16term “commercial motor vehicle” has the meaning defined in
17subdivision (b) of Section 15210.

18begin insert

begin insertSEC. 25.end insert  

end insert

begin insertSection 35401.9 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to
19read:end insert

begin insert
20

begin insert35401.9.end insert  

Notwithstanding Section 35401, a driveaway-towaway
21combination, as described in Section 303, shall not exceed 97 feet
22in length when transporting up to three saddle-mounted vehicles
23and one full-mounted vehicle.

end insert
24begin insert

begin insertSEC. 26.end insert  

end insert

begin insertSection 40802 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to
25read:end insert

26

40802.  

(a) A “speed trap” is either of the following:

27(1) A particular section of a highway measured as to distance
28and with boundaries marked, designated, or otherwise determined
29in order that the speed of a vehicle may be calculated by securing
30the time it takes the vehicle to travel the known distance.

31(2) A particular section of a highway with a prima facie speed
32limit that is provided by this code or by local ordinance under
33begin delete subparagraph (A) of paragraph (2) of subdivision (a)end deletebegin insert paragraph
34(1) of subdivision (b)end insert
of Section 22352, or established under
35Section 22354, 22357, 22358, or 22358.3, if that prima facie speed
36limit is not justified by an engineering and traffic survey conducted
37within five years prior to the date of the alleged violation, and
38enforcement of the speed limit involves the use of radar or any
39other electronic device that measures the speed of moving objects.
P36   1This paragraph does not apply to a local street, road, or school
2zone.

3(b) (1) For purposes of this section, a local street or road is one
4that is functionally classified as “local” on the “California Road
5System Maps,” that are approved by the Federal Highway
6Administration and maintained by the Department of
7Transportation. When a street or road does not appear on the
8“California Road System Maps,” it may be defined as a “local
9street or road” if it primarily provides access to abutting residential
10property and meets the following three conditions:

11(A) Roadway width of not more than 40 feet.

12(B) Not more than one-half of a mile of uninterrupted length.
13Interruptions shall include official traffic control signals as defined
14in Section 445.

15(C) Not more than one traffic lane in each direction.

16(2) For purposes of this section, “school zone” means that area
17approaching or passing a school building or the grounds thereof
18that is contiguous to a highway and on which is posted a standard
19“SCHOOL” warning sign, while children are going to or leaving
20the school either during school hours or during the noon recess
21period. “School zone” also includes the area approaching or passing
22any school grounds that are not separated from the highway by a
23fence, gate, or other physical barrier while the grounds are in use
24by children if that highway is posted with a standard “SCHOOL”
25warning sign.

26(c) (1) When all of the following criteria are met, paragraph
27(2) of this subdivision shall be applicable and subdivision (a) shall
28not be applicable:

29(A) When radar is used, the arresting officer has successfully
30completed a radar operator course of not less than 24 hours on the
31use of police traffic radar, and the course was approved and
32certified by the Commission on Peace Officer Standards and
33Training.

34(B) When laser or any other electronic device is used to measure
35the speed of moving objects, the arresting officer has successfully
36completed the training required in subparagraph (A) and an
37additional training course of not less than two hours approved and
38certified by the Commission on Peace Officer Standards and
39Training.

P37   1(C) (i) The prosecution proved that the arresting officer
2complied with subparagraphs (A) and (B) and that an engineering
3and traffic survey has been conducted in accordance with
4subparagraph (B) of paragraph (2). The prosecution proved that,
5prior to the officer issuing the notice to appear, the arresting officer
6established that the radar, laser, or other electronic device
7conformed to the requirements of subparagraph (D).

8(ii) The prosecution proved the speed of the accused was unsafe
9for the conditions present at the time of alleged violation unless
10the citation was for a violation of Section 22349, 22356, or 22406.

11(D) The radar, laser, or other electronic device used to measure
12the speed of the accused meets or exceeds the minimal operational
13standards of the National Traffic Highway Safety Administration,
14and has been calibrated within the three years prior to the date of
15the alleged violation by an independent certified laser or radar
16repair and testing or calibration facility.

17(2) A “speed trap” is either of the following:

18(A) A particular section of a highway measured as to distance
19and with boundaries marked, designated, or otherwise determined
20in order that the speed of a vehicle may be calculated by securing
21the time it takes the vehicle to travel the known distance.

22(B) (i) A particular section of a highway or state highway with
23a prima facie speed limit that is provided by this code or by local
24ordinance underbegin delete subparagraph (A) of paragraph (2) of subdivision
25(a)end delete
begin insert paragraph (1) of subdivision (b)end insert of Section 22352, or
26established under Section 22354, 22357, 22358, or 22358.3, if that
27prima facie speed limit is not justified by an engineering and traffic
28survey conducted within one of the following time periods, prior
29to the date of the alleged violation, and enforcement of the speed
30limit involves the use of radar or any other electronic device that
31measures the speed of moving objects:

32(I) Except as specified in subclause (II), seven years.

33(II) If an engineering and traffic survey was conducted more
34than seven years prior to the date of the alleged violation, and a
35registered engineer evaluates the section of the highway and
36determines that no significant changes in roadway or traffic
37conditions have occurred, including, but not limited to, changes
38in adjoining property or land use, roadway width, or traffic volume,
3910 years.

P38   1(ii) This subparagraph does not apply to a local street, road, or
2school zone.

3begin insert

begin insertSEC. 27.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant
4to Section 6 of Article XIII B of the California Constitution because
5the only costs that may be incurred by a local agency or school
6district will be incurred because this act creates a new crime or
7infraction, eliminates a crime or infraction, or changes the penalty
8for a crime or infraction, within the meaning of Section 17556 of
9the Government Code, or changes the definition of a crime within
10the meaning of Section 6 of Article XIII B of the California
11Constitution.

end insert


O

    98