BILL NUMBER: AB 2253 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 28, 1998
AMENDED IN ASSEMBLY APRIL 13, 1998
AMENDED IN ASSEMBLY APRIL 2, 1998
INTRODUCED BY Assembly Member Honda
FEBRUARY 19, 1998
An act to amend Section 35401 of the Vehicle Code, relating to
vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 2253, as amended, Honda. Trucks: length.
Existing law prohibits a vehicle from exceeding a length of 40
feet from kingpin to rearmost axle. Existing law, however, allows
local authorities with regard to highways under their jurisdictions,
and the Department of Transportation, with regard to state highways,
to lower the maximum kingpin to rear axle length restriction, which
restriction cannot be less than 38 feet. Existing law requires the
department to erect suitable signs appropriately restricting truck
travel on those highways, or portions of highways.
This bill would delete the 38-foot limitation as to the state
highways under the jurisdiction of the Department of Transportation.
The bill would specify that the signs on the state highways be
regulatory signs and would require the department, prior to
erecting the signs, to conduct a specified safety study and to allow
for public comment . The bill would require the department to
annually publish and make available to the public a listing of
affected portions of highways where the allowable lengths of vehicles
have been so lowered. The bill would require the Department of the
California Highway Patrol to investigate any accident involving a
combination of vehicles where the accident occurred on any affected
portion of a highway listed by the Department of Transportation in
the above described publication in order to determine whether a
violation of these provisions has occurred.
The bill would also limit the stopping and inspection of vehicles
and the issuance of notices to appear for violations of the above
provisions to peace officers of the Department of the California
Highway Patrol.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 35401 of the Vehicle Code is amended to read:
35401. (a) Except as provided in subdivisions (b), (c), and (d),
no combination of vehicles coupled together, including any
attachments, shall exceed a total length of 65 feet.
(b) (1) A combination of vehicles coupled together, including any
attachments, which consists of a truck tractor, a semitrailer, and a
semitrailer or trailer, shall not exceed a total length of 75 feet,
if the length of neither the semitrailers nor the trailer in the
combination of vehicles exceeds 28 feet 6 inches.
(2) A B-train assembly is excluded from the measurement of
semitrailer length when used between the first and second
semitrailers of a truck tractor-semitrailer-semitrailer combination
of vehicles. However, if there is no second semitrailer mounted to
the B-train assembly, it shall be included in the length measurement
of the semitrailer to which it is attached.
(c) A tow truck in combination with any of the following vehicles
authorized to travel on the highway by this chapter is exempt from
subdivision (a) when operating under a valid annual transportation
permit and within a 100-mile radius of the location specified in the
permit:
(1) A disabled vehicle.
(2) An abandoned vehicle.
(3) A disabled or abandoned combination of vehicles.
A tow truck in combination with the above vehicles may exceed the
100-mile radius restriction if a single trip permit is obtained from
the Department of Transportation.
(d) Any city or county may, by ordinance, prohibit a combination
of vehicles of a total length in excess of 60 feet upon highways
under its respective jurisdiction. The ordinance shall not be
effective until appropriate signs are erected indicating either the
streets affected by the ordinance or the streets not affected, as the
local authority determines will best serve to give notice of the
ordinance.
(e) Any city or county, upon a determination that a highway or
portion of highway under its jurisdiction cannot, in consideration of
public safety, sustain the operation of trailers or semitrailers of
the maximum kingpin to rearmost axle distances permitted under
Section 35400, may, by ordinance, establish lesser distances
consistent with the maximum distances that the highway or highway
portion can sustain, except that a city or county shall not restrict
the kingpin to rearmost axle measurement to less than 38 feet on
those highways or highway portions. Any city or county considering
the adoption of an ordinance shall consider, but not be limited to,
consideration of, all of the following:
(1) A comparison of the operating characteristics of the vehicles
to be limited as compared to operating characteristics of other
vehicles regulated by this code.
(2) Actual traffic volume.
(3) Frequency of accidents.
(4) Any other relevant data.
In addition, the city or county may appoint an advisory committee
consisting of local representatives of those interests which are
likely to be affected and shall consider the recommendations of the
advisory committee in adopting the ordinance. The ordinance shall
not be effective until appropriate signs are erected indicating the
highways or highway portions affected by the ordinance.
This subdivision shall only become operative upon the adoption of
an enabling ordinance by a city or county.
(f) Whenever, in the judgment of the Department of Transportation,
any state highway cannot, in consideration of public safety, sustain
the operation of trailers or semitrailers of the maximum kingpin to
rearmost axle distances permitted under Section 35400, the director,
in consultation with the Department of the California Highway Patrol,
shall compile data on total traffic volume, frequency of use by
vehicles covered by this subdivision, accidents involving these
vehicles, and other relevant data to assess whether these vehicles
are a threat to public safety and should be excluded from the highway
or highway segment. The study, containing the conclusions and
recommendations of the director, shall be submitted to the Secretary
of the Business, Transportation and Housing Agency. Unless otherwise
notified by the secretary, the director shall hold public hearings
in accordance with the procedures set forth in Article 3 (commencing
with Section 35650) of Chapter 5 for the purpose of determining the
maximum kingpin to rear axle length that the highway or highway
segment can sustain without unreasonable threat to the safety of the
public. Upon the basis of the findings, the Director of
Transportation shall declare in writing the maximum kingpin to rear
axle lengths which can be maintained with safety upon the highway or
portion of a highway. Following the declaration of maximum lengths
as provided by this subdivision, the Department of Transportation
shall erect suitable, regulatory signs at each end of the affected
portion of the highway and at any other points that the Department of
Transportation determines to be necessary to give adequate notice of
the length limits.
The Department of Transportation shall annually publish and make
available to the public a listing of affected highways or portions of
highways identified by the department pursuant to this subdivision.
Any accident involving a combination of vehicles that occurred on
an affected portion of a highway that is listed in the Department of
Transportation publication shall be investigated by the Department of
the California Highway Patrol in order to determine whether a
violation of this subdivision has occurred.
Prior to erecting a suitable, regulatory sign that prohibits
certain combination vehicles on any affected portion of a highway,
the Department of Transportation shall do both of the following:
(1) Conduct a safety study, involving the affected portion of the
highway. The study shall include, but is not limited to, the safety
records of combination vehicles on the affected portion of the
highway compiled after the December 1989, department study regarding
combination vehicles.
(2) Allow for public comment on the proposed posting of regulatory
signs on the affected portion of the highway.
The Department of Transportation, in consultation with the
Department of the California Highway Patrol, shall compile traffic
volume, geometric, and other relevant data, to assess the maximum
kingpin to rearmost axle distance of vehicle combinations appropriate
for those state highways or portion of highways, affected by this
section, that cannot safely accommodate trailers or semitrailers of
the maximum kingpin to rearmost axle distances permitted under
Section 35400. The department shall erect suitable, regulatory signs
appropriately restricting truck travel on those highways, or
portions of highways.
Notwithstanding any other provision of law, only a peace officer
of the Department of the California Highway Patrol may stop and
inspect a vehicle, in accordance with Section 2804, in order to
determine whether a violation of this subdivision has occurred and
only those officers may issue notices to appear for a violation of
this subdivision.