BILL NUMBER: AB 2509 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 15, 1998
INTRODUCED BY Assembly Member Napolitano
FEBRUARY 20, 1998
An act to amend Sections 21100, 25251, 27002
27000 , and 27605 of , and to add Section 21119 to,
the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 2509, as amended, Napolitano. Vehicles: funeral processions.
(1) Existing law permits local authorities to adopt rules and
regulations by ordinance to authorize any person to direct traffic at
locations that require traffic direction for orderly traffic flow.
This bill would revise these provisions to require a local
authority, whenever it authorizes the regulation of traffic by any
person for a funeral procession, to issue each funeral escort, as
defined, an identification card and an official insignia in the form
of a patch or badge indicating that the funeral escort is authorized
to direct traffic in accordance with the movement of the funeral
procession. For these purposes, the bill would define "funeral
escort" and "funeral procession." The bill would require those
local authorities to regulate the formal training of funeral escorts
relating to traffic control and traffic safety procedures, as
specified. Thus, to the extent the bill would increase the
responsibilities of local authorities, the bill would impose a
state-mandated local program.
(2) Existing law prohibits flashing lights on vehicles, except,
among other things, to warn other motorists of a funeral procession,
as specified.
This bill also would authorize (a) a motorcycle or other
vehicle that is used exclusively for funeral escort purposes,
as described , and (b) the lead vehicle in a funeral
procession, whether it is a funeral coach or a limousine carrying
human remains, to be equipped with white or amber, or both white and
amber, flashing lights.
(3) Existing law prohibits any vehicle, except an authorized
emergency vehicle, to be equipped with any siren.
The bill would prohibit the use of those flashing lights except
when the motorcycle, other funeral escort vehicle, or lead vehicle is
stopped in an intersection. Because a violation of this prohibition
would be an infraction, the bill would impose a state-mandated local
program by creating a new crime.
(3) Existing law prohibits any horn on a vehicle operated on a
highway from emitting an unreasonably loud or harsh sound.
This bill would authorize a motorcycle or other vehicle
that is used exclusively for funeral escort purposes to be equipped
with a siren an airhorn that meets
the requirements established by
that the bill would require the Department of
Transportation, provided the siren does not emit wail, high-low, or
phaser sounds. the California Highway Patrol to
establish.
The bill would prohibit the use of that air horn except in
emergency situations. Because a violation of this prohibition would
be an infraction, the bill would impose a state-mandated local
program by creating a new crime.
(4) Existing law prohibits a person from owning or operating a
motor vehicle that is painted to resemble a motor vehicle used by a
peace officer or traffic officer on duty for the primary purpose of
enforcing specified provisions of the Vehicle Code, except as
specified.
This bill also would except from these provisions a motorcycle
or other vehicle that is used exclusively for funeral
escort purposes, provided if the
motorcycle or other vehicle is equipped with flashing
lights, as described above, an air horn, as described above, and
a decal that differentiates the motorcycle or other
vehicle from a police motorcycle or other police vehicle
and indicates that the motorcycle or other vehicle
is for use as a funeral escort.
(5) 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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
(5) 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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 21100 of the Vehicle Code is amended to read:
21100. Local authorities may adopt rules and regulations by
ordinance or resolution regarding the following matters:
(a) Regulating or prohibiting processions or assemblages on the
highways.
(b) Licensing and regulating the operation of vehicles for hire
and drivers of passenger vehicles for hire.
(c) Regulating traffic by means of traffic officers.
(d) Regulating traffic by means of official traffic control
devices meeting the requirements of Section 21400.
(e) (1) Regulating traffic by means of any person given temporary
or permanent appointment for that duty by the local authority
whenever official traffic control devices are disabled or otherwise
inoperable, at the scenes of accidents or disasters, or at locations
that require traffic direction for orderly traffic flow.
No person, however, shall be appointed pursuant to this paragraph
unless and until the local authority has submitted to the
commissioner or to the chief law enforcement officer exercising
jurisdiction in the enforcement of traffic laws within the area in
which the person is to perform that duty, for review, a proposed
program of instruction for the training of a person for that duty,
and unless and until the commissioner or other chief law enforcement
officer approves the proposed program. The commissioner or other
chief law enforcement officer shall approve the proposed program if
he or she reasonably determines that the program will provide
sufficient training for persons assigned to perform the duty
described in this paragraph.
(2) (A) Whenever a local authority authorizes the regulation of
traffic pursuant to paragraph (1) for a funeral procession, the local
authority shall issue each funeral escort of that procession an
identification card and an official insignia in the form of a patch
or badge indicating that the funeral escort is authorized to direct
traffic in accordance with the movement of the funeral procession.
(B) For the purposes of this paragraph, the following definitions
shall apply:
(i) "Funeral escort" means a uniformed person employed by a
mortuary or company to direct the movement of a group of vehicles
engaged in a funeral procession.
(ii) "Funeral procession" means a group of two or more vehicles
traveling in line from a funeral service, whether that funeral
service is held at a place of worship or other location, to a
transportation facility, cemetery, or crematory. For the purposes of
this paragraph, each vehicle shall be clearly marked with a funeral
sticker and each vehicle shall have its headlights activated.
There shall be one escort for every 12 vehicles in the procession,
except that the escort in charge of the procession may vary this
requirement based on traffic conditions and the nature of the route.
(f) Regulating traffic at the site of road or street construction
or maintenance by persons authorized for that duty by the local
authority.
(g) Licensing and regulating the operation of tow truck service or
tow truck drivers whose principal place of business or employment is
within the jurisdiction of the local authority, except the
operation and operators of any auto dismantlers' tow vehicle licensed
under Section 11505 or any tow truck operated by a repossessing
agency licensed under Chapter 11 (commencing with Section 7500) of
Division 3 of the Business and Professions Code and its registered
employees. Nothing in this subdivision shall limit the authority of
a city or city and county pursuant to Section 12111.
(h) Operation of bicycles, and, as specified in Section 21114.5,
electric carts by physically disabled persons, or persons 50 years of
age or older, on the public sidewalks.
(i) Providing for the appointment of nonstudent school crossing
guards for the protection of persons who are crossing a street or
highway in the vicinity of a school or while returning thereafter to
a place of safety.
(j) Regulating the methods of deposit of garbage and refuse in
streets and highways for collection by the local authority or by any
person authorized by the local authority.
(k) (1) Regulating cruising pursuant to an ordinance or resolution
which shall define cruising as the repetitive driving of a motor
vehicle past a traffic control point in traffic that is congested at
or near the traffic control point, as determined by the ranking peace
officer on duty within the affected area, within a specified time
period and after the vehicle operator has been given an adequate
written notice that further driving past the control point will be a
violation of the ordinance or resolution.
(2) No person is in violation of an ordinance or resolution
adopted pursuant to paragraph (1) unless (A) that person has been
given the written notice on a previous driving trip past the control
point and then again passes the control point in that same time
interval and (B) the beginning and end of the portion of the street
subject to cruising controls are clearly identified by signs that
briefly and clearly state the appropriate provisions of paragraph (1)
and the local ordinance or resolution on cruising.
(l) Regulating or authorizing the removal by peace officers of
vehicles unlawfully parked in a fire lane, as described in Section
22500.1, on private property. Any removal pursuant to this
subdivision shall be consistent to the extent possible with the
procedures for removal and storage set forth in Chapter 10
(commencing with Section 22650).
SEC. 2. Section 21119 is added to the Vehicle Code, to read:
21119. Local authorities that authorize the regulation of traffic
under paragraph (1) of subdivision (e) of Section 21100 for funeral
processions, shall regulate the formal training of funeral escorts
relating to traffic control and traffic safety procedures. At a
minimum, the regulation shall require providers of funeral escort
services to do all of the following:
(a) Provide funeral escorts with not less than 30 hours of formal
training on traffic control and traffic safety procedures.
(b) Certify the participation of funeral escorts in not less than
25 funeral processions.
(c) Establish a training manual that includes, but is not limited
to, all of the following subjects:
(1) Traffic control and direction.
(2) Legal responsibilities of funeral escorts.
(3) Safety requirements for funeral processions.
(4) Recordkeeping and reporting of incidents.
(5) Safety and inspection of motorcycles and other funeral escort
vehicles.
SEC. 3. Section 25251 of the Vehicle Code is amended to
read:
25251. (a) Flashing lights are permitted on vehicles as follows:
(1) To indicate an intention to turn or move to the right or left
upon a roadway, turn signal lamps and turn signal exterior pilot
indicator lamps and side lamps permitted under Section 25106 may be
flashed on the side of a vehicle toward which the turn or movement is
to be made.
(2) When disabled or parked off the roadway, but within 10 feet of
the roadway, or when approaching, stopped at, or departing from a
railroad grade crossing, turn signal lamps may be flashed as warning
lights if the front turn signal lamps at each side are being flashed
simultaneously and the rear turn signal lamps at each side are being
flashed simultaneously.
(3) To warn other motorists of accidents or hazards on a roadway,
turn signal lamps may be flashed as warning lights while the vehicle
is approaching, overtaking, or passing the accident or hazard on the
roadway if the front turn signal lamps at each side are being flashed
simultaneously and the rear turn signal lamps at each side are being
flashed simultaneously.
(4) For use on authorized emergency vehicles.
(5) (A) To warn other motorists of a funeral procession, as
defined in Section 21100, turn signal lamps may be flashed as warning
lights on all vehicles actually engaged in a funeral procession, if
the front turn signal lamps at each side are being flashed
simultaneously and the rear turn signal lamps at each side are being
flashed simultaneously.
(B) For the purposes of subparagraph (A), a motorcycle that is
used exclusively for funeral escort purposes, as described in Section
21100, and the lead vehicle in a funeral procession whether it is a
funeral coach or a limousine carrying human remains, may be equipped
with white or amber, or both white and amber, flashing lights.
(B) For the purposes of subparagraph (A), a motorcycle or other
vehicle that is used exclusively for funeral escort purposes, as
described in paragraph (2) of subdivision (e) of Section 21100, and
the lead vehicle in a funeral procession, whether it is a funeral
coach or a limousine carrying human remains, may be equipped with
white or amber, or both white and amber, flashing lights. The
flashing lights may be used only when the motorcycle, other funeral
escort vehicle, or lead vehicle is stopped at an intersection.
(b) Turn signal lamps shall be flashed as warning lights whenever
a vehicle is disabled upon the roadway and the vehicle is equipped
with a device to automatically activate the front turn signal lamps
at each side to flash simultaneously and the rear turn signal lamps
at each side to flash simultaneously, if the device and the turn
signal lamps were not rendered inoperative by the event that caused
the vehicle to be disabled.
(c) Side lamps permitted under Section 25106 and used in
conjunction with turn signal lamps may be flashed with the turn
signal lamps as part of the warning light system, as provided in
paragraphs (2) and (3) of subdivision (a).
(d) Required or permitted lamps on a trailer or semitrailer may
flash when the trailer or semitrailer has broken away from the towing
vehicle and the connection between the vehicles is broken.
(e) Hazard warning lights, as permitted by paragraphs (2) and (3)
of subdivision (a) may be flashed in a repeating series of short and
long flashes when the driver is in need of help.
SEC. 3. Section 27002 of the Vehicle Code is amended to read:
27002. (a) No vehicle, except an authorized emergency vehicle, or
a motorcycle used exclusively for funeral escort purposes as
described in Section 21100, shall be equipped with, nor shall any
person use upon a vehicle any siren except that:
(b) An authorized emergency vehicle shall be equipped with a siren
that meets requirements established by the department.
(c) A motorcycle that is used exclusively for funeral escort
purposes may be equipped with a siren that meets the requirements
established by the department, provided the siren does not emit wail,
high-low, or phaser sounds.
SEC. 4. Section 27000 of the Vehicle Code is amended to read:
27000. (a) Every motor vehicle, when operated upon a highway,
shall be equipped with a horn in good working order and capable of
emitting sound audible under normal conditions from a distance of not
less than 200 feet, but no horn shall emit an unreasonably loud or
harsh sound . An , except for the following:
(1) An authorized emergency vehicle may be equipped with,
and use in conjunction with the siren on that vehicle, an air horn
which that emits sounds that do not
comply with the requirements of this section.
(2) A motorcycle or other vehicle used exclusively for funeral
escort purposes, as described in paragraph (2) of subdivision (e) of
Section 21100, may be equipped with an air horn that does not meet
the requirements of this section but, instead, meets requirements
that shall be established by the department. The air horn authorized
under this paragraph may be used only in emergency situations.
(b) Every refuse or garbage truck purchased after September 1,
1983, shall be equipped with an automatic backup audible alarm
which that sounds on backing more than
36 inches and which that is capable of
emitting sound audible under normal conditions from a distance of not
less than 100 feet or shall be equipped with an automatic backup
device which that is in good working
order, that is located at the rear of the vehicle ,
and which that immediately
applies the service brake of the vehicle on contact by the vehicle
with any obstruction to the rear. The backup device or alarm shall
also be capable of operating automatically when the vehicle is in
neutral or a forward gear but rolls backward.
(c) At the first scheduled overhaul for any refuse or garbage
truck, the operator shall consider equipping the refuse or garbage
truck not equipped in accordance with the requirements of subdivision
(b), with the alarm or device required under subdivision (b).
SEC. 4.
SEC. 5. Section 27605 of the Vehicle Code is amended to
read:
27605. (a) No person shall own or operate a motor vehicle painted
in the manner described in Section 40800 to resemble a motor vehicle
used by a peace officer or traffic officer on duty for the primary
purpose of enforcing Division 10 (commencing with Section 20000) or
Division 11 (commencing with Section 21000) pursuant to Section
40800.
(b) This section shall not apply to vehicles that are painted one
solid color or to vehicles first registered on or before January 1,
1979. This section shall not apply to vehicles that are any of the
following:
(1) Owned by vehicle manufacturers or dealers.
(2) Used by law enforcement agencies in the enforcement of
Division 10 (commencing with Section 20000) or Division 11
(commencing with Section 21000).
(3) Owned by persons or companies who use the vehicles exclusively
for movie or television production and display signs stating "movie
car" prominently on the doors.
(4) Owned by persons or companies who use the vehicles exclusively
for funeral escort purposes.
(5) A motorcycle that is used exclusively for funeral escort
purposes, provided the motorcycle is equipped with flashing lights as
described in Section 25251, a siren as described in Section 27002,
and decal that differentiates the motorcycle from a police motorcycle
and indicates that the motorcycle is for use as a funeral escort.
(5) A motorcycle or other vehicle that is used exclusively for
funeral escort purposes, as described in paragraph (2) of subdivision
(e) of Section 21100, if the motorcycle or other vehicle is equipped
with all of the following:
(A) Flashing lights, as described in subparagraph (B) of paragraph
(5) of subdivision (a) of Section 25251.
(B) An air horn, as described in paragraph (2) of subdivision (a)
of Section 27000.
(C) Traffic control decals on both sides of the front of the
motorcycle or other vehicle that differentiate the motorcycle or
other vehicle from a police motorcycle or other police vehicle, and
indicate that the motorcycle or other vehicle is for use as a funeral
escort.
(6) Motorcycles, as defined in Section 400, without insignia.
SEC. 5. Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.
SEC. 6. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution for certain
costs that may be incurred by a local agency or school district
because in that regard this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
However, notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
other costs mandated by the state, reimbursement to local agencies
and school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.