BILL NUMBER: AB 1650 CHAPTERED 10/10/99 CHAPTER 724 FILED WITH SECRETARY OF STATE OCTOBER 10, 1999 APPROVED BY GOVERNOR OCTOBER 7, 1999 PASSED THE ASSEMBLY SEPTEMBER 10, 1999 PASSED THE SENATE SEPTEMBER 9, 1999 AMENDED IN SENATE SEPTEMBER 9, 1999 AMENDED IN SENATE SEPTEMBER 8, 1999 AMENDED IN SENATE AUGUST 24, 1999 AMENDED IN SENATE AUGUST 16, 1999 AMENDED IN SENATE JUNE 30, 1999 AMENDED IN SENATE JUNE 22, 1999 AMENDED IN ASSEMBLY APRIL 28, 1999 INTRODUCED BY Committee on Transportation (Torlakson (Chair), Baldwin, Bates, Correa, Davis, Dutra, Havice, House, Leach, Longville, Maldonado, Margett, Nakano, Scott, Strom-Martin, and Zettel) MARCH 8, 1999 An act to amend Sections 14076.2 and 103113 of, and to repeal Section 14451 of, the Government Code, to amend Section 20300 of, and to amend the heading of Article 16 (commencing with Section 20300) of Chapter 1 of Part 3 of Division 2 of, the Public Contract Code, to amend Sections 28748.8, 100000, 100011, and 131268 of, to amend the heading of Part 12 (commencing with Section 100000) of Division 10 of, to add Section 100002 to, the Public Utilities Code, to amend Sections 8503 and 8504 of, and to amend Section 10753 of, the Revenue and Taxation Code, to amend Sections 104.18, 253.1, 253.7, 318, 344, 366, 383, 391.1, 442, 559, 635, and 2104 of, to repeal Section 574 of, and to amend and renumber Section 630 of, the Streets and Highways Code, to amend Sections 2800, 4604.5, 5002.7, 13102, 14104.5, 14105, 14105.5, 15300, 15302, 21753, 22349, 22406, 23620, 29004, 34500, 34520, 34631.5, 40001, 40303, 42001.1, and 42005 of, to add Sections 407.5, 15309, 15311, and 29004 to, to repeal Section 21100.4 of, and to amend, repeal, and add Section 35160 of, the Vehicle Code, and to amend Section 6 of Chapter 1159 of the Statutes of 1993, relating to transportation, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGEST AB 1650, Committee on Transportation. Transportation. (1) Under existing law, the powers and duties of the Department of Transportation include the duty of preparing an annual report that discusses the accomplishments of the California Transportation Research and Innovation Program and to submit that report to the Legislature not later than August 1st. This bill would delete that duty. (2) Existing law authorizes the board of directors of the San Francisco Bay Area Rapid Transit District (BART) to provide, by ordinance or resolution, that each director of the district shall be paid a sum that shall not exceed $1,000 for each month served subject to attendance requirements. Existing law provides for reduced compensation of members who miss board meetings and committee meetings, except as specified. This bill would provide for a $100 reduction from the stipend for failure to attend each meeting of a committee on which the member serves if the member attends all scheduled and noticed regular board meetings. (3) Existing law creates the Santa Clara County Transit District and prescribes the powers and duties of that district. This bill would change the name of the district to the Santa Clara Valley Transportation Authority and would make conforming changes in related provisions of existing law. (4) Under existing law, each member of the Santa Clara County Transit District Board is required to receive compensation in an amount determined by the board, not to exceed $50 for attending each board meeting and committee, and not to exceed $300 in any month. This bill would increase the amount per meeting from $50 to $100 and would increase the monthly maximum from $300 to $400. (5) The Bay Area County Traffic and Transportation Funding Act authorizes each member of a transportation authority created under the act in certain San Francisco Bay area counties to be compensated at the rate of $50 for each day attending the business of the authority, but not more than $100 in any month, excluding certain traveling and personal expenses. This bill would increase the daily compensation to $100 and the maximum monthly compensation to $400. (6) Existing law authorizes the Metropolitan Transportation Commission to impose a tax on the sale of gasoline within the region under its jurisdiction of not more than $0.10 per gallon, subject to certain conditions, including that the commission adopt a regional transportation expenditure plan prior to imposing the tax and that the measure imposing the tax be submitted to the voters of the region. Existing law requires that projects meet certain regional transportation needs in order to be included in the plan, such as to fund seismic retrofitting of transportation facilities, except toll bridges. This bill would delete the toll bridges exclusion. The bill would require the measure submitted to the voters to be set forth separately from state and local measures and to include certain language advising the voters of the authority the measure would provide. The bill would require the costs of submitting the measure to the voters to be reimbursed from general transportation funds if the measure is not approved. (7) Under existing law, if a commercial vehicle, as defined, is modified or additions are made, as specified, at a cost of $2,000 or more, the owner of that vehicle is required to report that modification or addition to the Department of Motor Vehicles. Operative on January 1, 2000, the amount of the modification or addition that requires the reporting will be reduced from $2,000 to $200. This bill would delay, until January 1, 2001, the operative date of the provision providing for a reduced amount, thereby continuing the $2,000 modification or addition threshold reporting requirement until that date. (7.5) Existing law authorizes the Department of Transportation to lease specified real property in the City of San Diego to a city, county, or other political subdivision or another state agency for emergency shelter or feeding program purposes. This bill would authorize the department to lease the specified property for the additional purpose of establishing a day care center for children. (8) Existing law lists the highways included in the California freeway and expressway system. This bill would add State Highway Route 11 to the California freeway and expressway system, would modify the description of the portion of State Highway Route 142 that is included in that system, would delete State Highway Route 274 from the system, and would allow for the relinquishment of a portion of State Highway Route 91 to the Cities of Hermosa Beach, Lawndale, Manhattan Beach, and Redondo Beach if the cities agree to it. (9) Existing law provides descriptions of the routes in the state highway system. This bill would modify the descriptions of State Highway Routes 18, 44, 66, 83, 142, 259, and 330 to delete references to State Highway Route 30, which has been deleted from the state highway system. (10) Existing law continuously appropriates specified sums from revenues derived from certain taxes imposed on motor vehicle fuel for allocation to counties for various highway purposes, including a sum equal to the total of all reimbursable costs of snow removal on county roads, as specified, or $5,500,000, whichever is less. This bill would increase the $5,500,000 amount to $7,000,000, thereby making an appropriation by increasing the amount of money available for snow removal. (11) Existing law governs the operation of motor vehicles and bicycles, but does not include provisions specifically governing the operation of motorized scooters. This bill would define "motorized scooter" for purposes of the Vehicle Code and would require every manufacturer of motorized scooters to provide a disclosure to buyers that advises buyers that their existing insurance policies may not provide coverage for these scooters and that they should contact their insurance company or insurance agent to determine if coverage is provided. The disclosure would be required to be printed as specified and to contain certain language relating to insurance requirements. (12) Existing law makes it unlawful to willfully fail or refuse to comply with any lawful order or any peace officer, as defined, when that peace officer is in uniform and is performing duties under the Vehicle Code. This bill would specify that it is unlawful to fail or refuse to comply with any lawful out-of-service order, as defined, that complies with certain federal regulations and is issued by a peace officer, as specified. (13) Existing law, until January 1, 2000, authorizes the filing of a certificate of nonoperation after the expiration of the registration of a vehicle, as specified. This bill would delete the repeal date specified above, thus extending indefinitely the authority to file the specified certificate of nonoperation. (14) Existing law authorizes any member of a county board of supervisors, in any county of over 20,000 square miles in area and 2,855 miles of maintained county roads, to apply to the Department of Motor Vehicles for regular series license plates for that vehicle, as specified. This bill would revise that authorization to make it applicable to any county of over 20,000 square miles. (15) Existing law authorizes the Department of Motor Vehicles to hold driver's license suspension or revocation hearings upon demand and requires the department to issue subpoenas at the request of any party before commencing the hearing. This bill would authorize the subpoenas to be served by first-class mail. The bill would authorize hearing decisions to be modified at any time after issuance to correct mistakes or clerical errors. (16) Existing law imposes certain sanctions on drivers of commercial motor vehicles for specified violations of law. This bill would prohibit any driver from operating a commercial motor vehicle for a period of 60 days if the Department of Motor Vehicles determines, after a hearing, that the person falsified information on his or her application for a driver's license in violation of federal regulation. The bill would prohibit any driver from operating a commercial motor vehicle for a period of 90 days if the person is convicted of a first violation of an out-of-service order, as specified. The bill would provide for additional sanctions for subsequent violations. The bill would authorize the department to suspend, revoke, or cancel the privilege of any person to operate a commercial motor vehicle, as specified, upon receipt of a duly certified abstract of the record of any court that the person has been convicted of certain offenses. The bill would include certain provisions prohibiting evading a pursuing peace officer to a list of offenses requiring a suspension or revocation of the privilege to operate a commercial motor vehicle. (17) Existing law requires the driver of an overtaken vehicle to give way in favor of the overtaking vehicle on audible signal or the momentary flash of headlights by the overtaking vehicle. This would specify that the driver of the overtaken vehicle is not required to drive on the shoulder of the highway in order to allow the overtaking vehicle to pass. (18) Existing law makes it an infraction for any person to drive a vehicle upon a highway with certain established speed limits at a speed greater than those limits, to drive a vehicle upon a highway at a speed greater than 65 miles per hour, and to drive certain vehicles upon a highway at a speed greater than 55 miles per hour. This bill would make it a misdemeanor for any person to operate a commercial motor vehicle, as defined, upon a highway at a speed exceeding a maximum speed limit established under the Vehicle Code by 15 miles per hour or more. The bill would make a violation of this provision subject to certain sanctions relating to drivers of commercial motor vehicles. The bill would impose a state-mandated local program by creating a new crime. (19) Existing law sets forth provisions governing sentencing for persons convicted of driving while under the influence of an alcoholic beverage or drug (DUI) in a water vessel, and specifies that for these purposes certain offenses shall be a separate violation of a DUI offense. This bill would add specified sanction provisions of the Vehicle Code to these provisions. (20) Existing law requires every towed vehicle to be coupled to the towing vehicle or tow truck by specified means. This bill would require 2 safety chains in addition to the primary restraining system when a towed vehicle is coupled to a tow truck. The bill would also require vehicles being transported on a slide back carrier or conventional trailer to be secured in a specified manner. Because a violation of the Vehicle Code under existing law is a crime, this bill would expand that crime, thereby imposing a state-mandated local program. (21) Existing law requires every motor carrier of property, as defined, to provide adequate protection against liability for the payment of damages in certain amounts, except as specified. The operator of a for-hire tow truck who meets this requirement is authorized to perform emergency moves at the direction of a peace officer irrespective of the load carried aboard the vehicle being moved. This bill would define "emergency move" for purposes of existing law and would specify that any transportation of property by an operator of an operator of a for-hire tow truck that is not an emergency move is subject to the provision in existing law requiring protection against liability, including a requirement that the for-hire tow truck operator have a level of liability protection that is adequate for the commodity being transported by the towed vehicle or combination of vehicles. (22) Existing law requires motor carriers and drivers to comply with the controlled substance and alcohol use and testing requirements of federal law. This bill would include transportation requirements of federal law and would require transit agencies receiving certain federal financial assistance to comply with the controlled substance and alcohol use and testing requirements under federal law. Because a violation of these requirements is a crime, this bill would impose a state-mandated local program by expanding the scope of that crime. (23) Existing federal regulations authorize special agents of the Federal Highway Administration to perform inspections of commercial motor vehicles and declare and mark those vehicles as "out of service" under certain circumstances. This bill would make it a misdemeanor for any employer to violate an out-of-service order that complies with those federal regulations or knowingly require or permit a driver to violate or fail to comply with that out-of-service order. The bill would impose a state-mandated local program by creating a new crime. (24) Existing law authorizes the arresting officer to either give a person 10 day's notice to appear in court or take the person before a magistrate when the person is arrested for certain listed offenses. This bill would expand the specified list of offenses to include a violation of an out-of-service order, as specified. (25) Existing law authorizes a court to order a person issued a notice to appear for a traffic violation to attend a traffic violator school, in lieu of adjudicating the offense. This bill would prohibit a court from ordering a person to attend traffic violator school in lieu of adjudicating an offense if the notice to appear was for a serious traffic violation, as defined, that occurred in a commercial motor vehicle. (26) Existing law limits buses and motorcoaches to a width of 102 inches with an exception for certain vehicles up to 104 inches. This bill would, until January 1, 2002, authorize a width exemption up to 106 inches to accommodate ski equipment as prescribed. This bill would impose prescribed requirements with respect to the operation of the motor coaches and buses. Because of the violation of these provisions would be an infraction, the bill would create a new crime and thus impose a state-mandated local program. The bill would also require the Department of the California Highway Patrol in consultation with the Department of Transportation, to conduct a study on the operation of those vehicles. (27) Chapter 1159 of the Statutes of 1993, among other things, appropriated the sum of $500,000 to the Department of Transportation for allocation to the City of Coronado for an automatic vehicle identification system on the San Diego-Coronado Bridge. This bill would reappropriate that amount to the department for that purpose. (28) The bill would make various technical, clarifying changes in existing law. (29) 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. This bill would provide that no reimbursement is required by this act for a specified reason. Appropriation: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 14076.2 of the Government Code is amended to read: 14076.2. (a) There is hereby created the Capitol Corridor Joint Powers Board, subject to being organized pursuant to subdivision (b). The board shall be composed of not more than the following 16 members: (1) Six members of the San Francisco Bay Area Rapid Transit District Board of Directors, appointed by the board of directors of that district, as follows: (A) Two who are residents of Alameda County. (B) Two who are residents of Contra Costa County. (C) Two who are residents of the City and County of San Francisco. (2) Two members of the Board of Directors of the Sacramento Regional Transit District, appointed by the board of directors of that district. (3) Two members of the Board of Directors of the Santa Clara Valley Transportation Authority, appointed by the board of directors of that authority. (4) Two members of the county congestion management agency for the County of Yolo, appointed by that agency. (5) Two members of the county congestion management agency for the County of Solano, appointed by that agency. (6) Two members of the Placer County Transportation Planning Agency, appointed by that agency. (b) The board shall be organized when at least two of the jurisdictions described in paragraphs (1) to (6), inclusive, of subdivision (a) elect to appoint members to serve on the board. Only those jurisdictions that appoint members to serve on the board prior to December 31, 1996, shall be member-agencies of the board. SEC. 2. Section 14451 of the Government Code is repealed. SEC. 3. The heading of Article 16 (commencing with Section 20300) of Chapter 1 of Part 3 of Division 2 of the Public Contract Code is amended to read: Article 16. Santa Clara Valley Transportation Authority SEC. 4. Section 20300 of the Public Contract Code is amended to read: 20300. The provisions of this article apply to contracts by the Santa Clara Valley Transportation Authority, as provided for in Part 12 (commencing with Section 100000) of Division 10 of the Public Utilities Code. SEC. 5. The heading of Part 12 (commencing with Section 100000) of Division 10 of the Public Utilities Code is amended to read: PART 12. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY SEC. 6. Section 28748.8 of the Public Utilities Code is amended to read: 28748.8. (a) The board may by ordinance or resolution provide that each director shall be paid a sum that shall not exceed one thousand dollars ($1,000) for each calendar month that he or she serves as a director. (b) The ordinance or resolution to authorize a monthly stipend pursuant to subdivision (a), in lieu of per-meeting compensation, shall include a requirement that a member can receive a monthly stipend for a given month only if he or she attends all scheduled and noticed regular board meetings for that month. For those members meeting this attendance requirement, the amount of one hundred dollars ($100) shall be deducted form the stipend for failure to attend each meeting of a committee on which he or she serves that month. In any month that a member fails to meet these attendance requirements, that member may be compensated at the rate of one hundred dollars ($100) per board or committee meeting attended, not to exceed five hundred dollars ($500) for that month. (c) For the purpose of this section, a member who misses a scheduled and noticed meeting of the board or a committee while attending to official district business pursuant to authorization shall be construed as having attended the meeting. (d) The ordinance or resolution may provide for not more than two excused absences during a calendar year without disqualifying the member for a monthly stipend. (e) In addition to the compensation otherwise provided for in this section, each director may be allowed necessary traveling and personal expenses incurred solely as a result of the performance of his or her duties, in amounts as may be authorized by the board. SEC. 7. Section 100000 of the Public Utilities Code is amended to read: 100000. This part shall be known and may be cited as the "Santa Clara Valley Transportation Authority Act." SEC. 8. Section 100002 is added to the Public Utilities Code, to read: 100002. The Santa Clara County Transit District is renamed the Santa Clara Valley Transportation Authority. Any reference in this part, or in any other provision of law or regulation, to the Santa Clara County Transit District shall be deemed to refer to the Santa Clara Valley Transportation Authority. Nothing in the act that added this section alters, impairs, or terminates the district's status as a transit district, and as an ongoing legal entity, or any of its legal obligations. SEC. 9. Section 100011 of the Public Utilities Code is amended to read: 100011. "Authority," "district," or "VTA" means the Santa Clara Valley Transportation Authority. SEC. 10. Section 103113 of the Public Utilities Code is amended to read: 103113. Each member of the board shall receive compensation, as determined by the board, in an amount not to exceed one hundred dollars ($100) for attending each meeting of the board and each committee meeting, but not to exceed four hundred dollars ($400) in any month, and shall receive his or her actual necessary expenses incurred in the performance of his or her duty. SEC. 11. Section 131268 of the Public Utilities Code is amended to read: 131268. Each member of a county transportation authority shall be compensated at the rate of one hundred dollars ($100) for each day attending the business of the authority, but not to exceed four hundred dollars ($400) in any month, and necessary traveling and personal expenses incurred in the performance of his or her duties as authorized by the county transportation authority. SEC. 12. Section 8503 of the Revenue and Taxation Code is amended to read: 8503. (a) Prior to imposing the tax, the commission shall adopt a regional transportation expenditure plan for the revenues derived from the tax. The regional transportation expenditure plan shall describe specific proposed transportation projects and the estimated cost of each project. (b) The regional transportation expenditure plan shall also meet the following minimum objectives and criteria: (1) Project expenditures shall reflect an equitable distribution of revenues throughout the region with not less than 95 percent of revenues from each county, based on population, being invested over the 20-year life of the tax in projects attributable to that county. In addition, during every five-year period, no less than 80 percent of the revenues from each county, based on population, invested during that period shall be invested in projects attributable to that county. The commission shall allocate any accrued interest according to the same formula. At the time of the development of the expenditure plan, the commission shall use population data from the most recent United States census, and shall take into account estimated increases in population over the 20-year period projected by the Association of Bay Area Governments. (2) Projects included in the expenditure plan shall be consistent with the commission's regional transportation plan, a congestion management program, or a countywide transportation plan. The commission shall, in prioritizing projects in the expenditure plan, give additional consideration to projects where local land use policies reduce dependence on single-occupant motor vehicle travel. The expenditure plan development process shall include consultation with cities, counties, transit operators, congestion management agencies, and other interested groups. (3) Cost estimates for each project shall be prepared by the commission, in consultation with project sponsors, and verified by an independent cost-estimating firm retained by the commission for that purpose. Estimates of other funding required to complete any project shall be based on an estimate of funds reasonably expected to be available during the 20-year period commencing with the year that the tax is initially imposed. (4) To be eligible for inclusion in the expenditure plan, a project shall meet at least one of the following regional transportation needs: (A) Fund maintenance and rehabilitation of local streets and roads, sidewalks, or bicycle routes, or close a gap in the local street and road system. (B) Fund capital or operating expenses of public transit systems. (C) Fund rail extension projects in the commission's Resolution 1876, Tier I funding plan, dated February 26, 1992, as contained in the commission's regional transportation plan. (D) Provide an alternative to single occupancy automobile travel. (E) Improve safety on specific roadway segments where accident or fatality rates exceed the expected rate for those segments over a multiyear timeframe, including, but not limited to, expansion or realignment of the roadway. (F) Improve the operational efficiency of the existing roadway system without a physical expansion of the system. However, expansion projects to reconfigure existing interchanges are eligible for inclusion in the plan. (G) Fund implementation of the requirements of the federal Americans with Disabilities Act of 1990 (P.L. 101-336), or those requirements as revised, on public transit systems and other transportation-related facilities. (H) Fund seismic retrofitting of transportation facilities. (I) Fund intermodal freight or passenger facilities. (J) Fund transportation enhancement activities, as defined in subsection (a) of Section 101 of Title 23 of the United States Code. (K) Defray interest costs and other expenses associated with the issuance of revenue bonds or revenue anticipation notes. (5) If not otherwise available, sufficient funding shall be included in the cost estimates and expenditure plan presented to the voters to operate and maintain each included project for the duration of the tax. SEC. 13. Section 8504 of the Revenue and Taxation Code is amended to read: 8504. (a) Following the adoption by the commission of a regional transportation expenditure plan, the board of supervisors of each county and city and county in the region shall, upon the request of the commission, submit to the voters at a local election consolidated with a statewide primary or general election specified by the commission, a measure, adopted by the commission, authorizing the commission to impose the tax throughout the region. (b) The measure may not be grouped with state or local measures on the ballot, but shall be set forth in a separate category and shall be identified as Regional Measure 2. (c) Regardless of the system of voting used, the wording of the measure shall read as follows: "Shall The Metropolitan Transportation Commission be authorized to impose a tax of ____ per gallon on the sale of gasoline to build and operate transportation projects identified in the expenditure plan adopted by the commission?" (d) The commission shall reimburse each county and city and county in the region for the cost of submitting the measure to the voters. These costs shall be reimbursed from revenues derived from the tax if the measure is approved by the voters or, if the measure is not approved, from any funds of the commission that are available for general transportation planning. (e) The board of supervisors of a county or city and county may elect not to submit the measure adopted by the commission to the voters if it submits an alternative countywide transportation funding measure to the voters at the same election. SEC. 14. Section 10753 of the Revenue and Taxation Code, as amended by Section 139 of Chapter 17 of the Statutes of 1997, is amended to read: 10753. (a) Upon the first sale of a new vehicle to a consumer and upon each sale of a used vehicle to a consumer, the department shall determine the market value of the vehicle on the basis of the cost price to the purchaser as evidenced by a certificate of cost, but not including California sales or use tax or any local sales, transactions, use, or other local tax. "Cost price" includes the value of any modifications made by the seller. (b) Notwithstanding subdivision (a), the department shall not redetermine the market value of used vehicles, or modify the vehicle license fee classification of used vehicles determined pursuant to Section 10753.1 or 10753.2, when the seller is the parent, grandparent, child, grandchild, or spouse of the purchaser, and the seller is not engaged in the business of selling vehicles subject to registration under the Vehicle Code, or when a lessor, as defined in Section 372 of the Vehicle Code, transfers title and registration of a vehicle to the lessee at the expiration or termination of a lease. (c) (1) In the event any commercial vehicle is modified or additions are made to the chassis or body at a cost of two thousand dollars ($2,000) or more, but not including any change of engine of the same type or any cost of repairs to a commercial vehicle, the owner of the commercial vehicle shall report any modification or addition to the department and the department shall classify or reclassify the commercial vehicle in its proper class as provided in Section 10753.1 or 10753.2, taking into consideration the increase in the market value of the commercial vehicle due to those modifications or additions, and any reclassification resulting in increase in market value shall be based on the cost to the consumer of those modifications or additions. In the event any vehicle is modified or altered resulting in a decrease in the market value thereof of two hundred dollars ($200) or more as reported to and determined by the department, the department shall classify or reclassify the vehicle in its proper class as provided in Section 10753.1 or 10753.2. (2) Paragraph (1) does not apply under any of the following conditions: (A) When the cost of any modification or addition to the chassis or body of a commercial vehicle is less than two thousand dollars ($2,000). (B) When the cost is for modifications or additions necessary to incorporate a system approved by the State Air Resources Board as meeting the emission standards set forth in subdivisions (a) and (b) of former Section 39102 and former Section 39102.5 of the Health and Safety Code as they read on December 31, 1975. (C) When the cost is for modifications that are necessary to enable a disabled person to use or operate the vehicle. (3) For purposes of this subdivision, "commercial vehicle" means a "commercial vehicle," as defined in Section 260 of the Vehicle Code, that is regulated by the Department of the Highway Patrol pursuant to Sections 2813 and 34500 of the Vehicle Code. (d) This section also applies to a system as specified in subdivision (c) that is approved by the State Air Resources Board as meeting the emission standards specified in subdivisions (a) and (b) of former Section 39102 and former Section 39102.5 of the Health and Safety Code as they read on December 31, 1975, for vehicles 6,001 pounds or less, manufacturer's gross vehicle weight, controlled to meet exhaust emission standards when sold new, when that system is used in any vehicle over 6,001 pounds or any vehicle 6,001 pounds or less not controlled to meet exhaust emission standards. (e) The temporary attachment of any camper, as defined in Section 243 of the Vehicle Code, to a vehicle is not a modification or addition for the purposes of subdivision (c). (f) The attachment to a vehicle of radiotelephone equipment furnished by a telephone corporation, as defined in Section 234 of the Public Utilities Code, is not a modification or addition for the purpose of subdivision (c), when that equipment is not owned by the owner of the vehicle. (g) This section shall remain in effect only until January 1, 2001, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 2001, deletes or extends that date. SEC. 15. Section 10753 of the Revenue and Taxation Code, as amended by Section 140 of Chapter 17 of the Statutes of 1997, is amended to read: 10753. (a) Upon the first sale of a new vehicle to a consumer and upon each sale of a used vehicle to a consumer, the department shall determine the market value of the vehicle on the basis of the cost price to the purchaser as evidenced by a certificate of cost, but not including California sales or use tax or any local sales, transactions, use, or other local tax. "Cost price" includes the value of any modifications made by the seller. (b) Notwithstanding subdivision (a), the department shall not redetermine the market value of used vehicles, or modify the vehicle license fee classification of used vehicles determined pursuant to Section 10753.1 or 10753.2, when the seller is the parent, grandparent, child, grandchild, or spouse of the purchaser, and the seller is not engaged in the business of selling vehicles subject to registration under the Vehicle Code, or when a lessor, as defined in Section 372 of the Vehicle Code, transfers title and registration of a vehicle to the lessee at the expiration or termination of a lease. (c) (1) In the event any vehicle is modified or additions are made to the chassis or body at a cost of two hundred dollars ($200) or more, but not including any change of engine of the same type or any cost of repairs to a vehicle, the owner of the vehicle shall report any modification or addition to the department and the department shall classify or reclassify the vehicle in its proper class as provided in Section 10753.1 or 10753.2, taking into consideration the increase in the market value of the vehicle due to those modifications or additions, and any reclassification resulting in increase in market value shall be based on the cost to the consumer of those modifications or additions. In the event any vehicle is modified or altered resulting in a decrease in the market value thereof of two hundred dollars ($200) or more as reported to and determined by the department, the department shall classify or reclassify the vehicle in its proper class as provided in Section 10753.1 or 10753.2. (2) Paragraph (1) does not apply to any of the following: (A) When the cost of any modification or addition to the chassis or body of a vehicle is less than two hundred dollars ($200). (B) When the cost is for modifications or additions necessary to incorporate a system approved by the State Air Resources Board as meeting the emission standards set forth in subdivisions (a) and (b) of former Section 39102 and former Section 39102.5 of the Health and Safety Code as they read on December 31, 1975. (C) When the cost is for modifications that are necessary to enable a disabled person to use or operate the vehicle. (d) This section also applies to a system as specified in subdivision (c) that is approved by the State Air Resources Board as meeting the emission standards specified in subdivisions (a) and (b) of former Section 39102 and former Section 39102.5 of the Health and Safety Code as they read on December 31, 1975, for vehicles 6,001 pounds or less, manufacturer's gross vehicle weight, controlled to meet exhaust emission standards when sold new, when that system is used in any vehicle over 6,001 pounds or any vehicle 6,001 pounds or less not controlled to meet exhaust emission standards. (e) The temporary attachment of any camper, as defined in Section 243 of the Vehicle Code, to a vehicle is not a modification or addition for the purposes of subdivision (c). (f) The attachment to a vehicle of radiotelephone equipment furnished by a telephone corporation, as defined in Section 234 of the Public Utilities Code, is not a modification or addition for the purpose of subdivision (c), when that equipment is not owned by the owner of the vehicle. (g) This section shall become operative on January 1, 2001. SEC. 15.5. Section 104.18 of the Streets and Highways Code is amended to read: 104.18. (a) Real property in the City of San Diego between 17th Street and the west side of Route 5 between the southbound onramp and the offramp near J Street, which was acquired for highway purposes and which is not excess property, may be leased by the department to a city, county, or other political subdivision or another state agency for emergency shelter, feeding program purposes, or for the establishment of a day care center for children. (b) The lease shall be for one dollar ($1) per month. The lease amount may be paid in advance of the term covered in order to reduce the administrative costs associated with the payment of the monthly rental fee. The lease shall require the payment of an administrative fee not to exceed five hundred dollars ($500) per year, unless the department determines that a higher administrative fee is necessary, for the department's cost of administering the lease. (c) The Legislature finds and declares that the lease of real property pursuant to this section serves a public purpose. SEC. 16. Section 253.1 of the Streets and Highways Code is amended to read: 253.1. The California freeway and expressway system shall include: Routes 5, 6, 7, 8, 10, 11, 14, 15, 18, 24, 28, 32, 34, 37, 40, 44, 47, 48, 50, 51, 52, 53, 54, 55, 56, 57, 59, 60, 61, 63, 65, 67, 68, 70, 71, 73, 74, 78, 80, 81, 83, 85, 87, 88, 89, 90, 93, 97, 100, 102, 103, 105, 107, 108, 118, 121, 122, 124, 125, 126, 134, 136, 139, 140, 145, 148, 149, 154, 156, 161, 163, 164, 179, 181, 183, 184, 199, 205, 210, 215, 217, 221, 223, 230, 232, 234, 235, 237, 238, 239, 241, 242, 247, 249, 251, 257, 258, 259, 261, 280, 330, 371, 380, 405, 505, 580, 605, 680, 710, 780, 805, 880, and 980 in their entirety. SEC. 17. Section 253.7 of the Streets and Highways Code is amended to read: 253.7. The California freeway and expressway system shall also include: Route 133 from Route 73 to Route 241. Route 137 from Route 99 near Tulare to Route 65 near Lindsay. Route 138 from Route 5 near Gorman to Route 15 near Cajon Pass. Route 142 from Route 71 near Chino to Route 210 near Upland. Route 152 from Route 101 to Route 65 near Sharon via Pacheco Pass. Route 160 from: (a) Route 4 near Antioch to Route 12 near Rio Vista. (b) Sacramento to Route 51. Route 166 from: (a) Route 101 near Santa Maria to Route 33 in Cuyama Valley. (b) Route 33 near Maricopa to Route 5. Route 168 from Fresno to Huntington Lake. Route 170 from: (a) Los Angeles International Airport to Route 90. (b) Route 101 near Riverside Drive to Route 5 near Tujunga Wash. Route 178 from: (a) Bakersfield to Route 14 near Freeman. (b) Route 14 near Freeman to the vicinity of the San Bernardino county line. Route 180 from: (a) Route 25 near Paicines to Route 5. (b) Route 5 to Route 99 passing near Mendota. (c) Route 99 near Fresno to General Grant Grove section of Kings Canyon National Park. Route 190 from Route 136 near Keeler to Route 127 near Death Valley Junction. Route 193 from Route 65 near Lincoln to Route 80 near Newcastle. Route 198 from Route 5 near Oilfields to the Sequoia National Park line. SEC. 18. Section 318 of the Streets and Highways Code is amended to read: 318. Route 18 is from: (a) Route 10 near San Bernardino to Route 210. (b) Route 210 near San Bernardino to Route 15 in Victorville via Big Bear Lake. (c) Route 15 near Victorville to Route 138 near Pearblossom. SEC. 19. Section 344 of the Streets and Highways Code is amended to read: 344. Route 44 is from Route 299 at Redding to Route 36 west of Susanville, via the vicinity of Lassen Volcanic National Park. SEC. 20. Section 366 of the Streets and Highways Code is amended to read: 366. Route 66 is from Route 210 near San Dimas to Route 215 in San Bernardino. SEC. 21. Section 383 of the Streets and Highways Code is amended to read: 383. Route 83 is from Route 71 to Route 210 near Upland. SEC. 22. Section 391.3 is added to the Streets and Highways Code, to read: 391.3. Upon a determination by the commission that it is in the best interests of the state to do so, the commission may, upon terms and conditions approved by it, relinquish a portion of Route 91 between State Route 107 and State Route 1 to the Cities of Hermosa Beach, Lawndale, Manhattan Beach, and Redondo Beach in which that portion of the highway is located, if the cities agree to accept it. The relinquishment shall be effective on the day immediately following the commission's approval of the terms and conditions. SEC. 23. Section 442 of the Streets and Highways Code is amended to read: 442. Route 142 is from: (a) Route 90 near Brea to Route 71 near Chino. (b) Route 71 near Chino to Route 210 near Upland. SEC. 24. Section 559 of the Streets and Highways Code is amended to read: 559. Route 259 is from Route 215 to Route 210 in San Bernardino. SEC. 25. Section 574 of the Streets and Highways Code is repealed. SEC. 26. Section 630 of the Streets and Highways Code is amended and renumbered to read: 603. Route 330 is from Route 210 near Highland northeasterly to Route 18. SEC. 27. Section 635 of the Streets and Highways Code is amended to read: 635. (a) State Highway Route 1 from Las Cruces to San Francisco shall be known and designated as the "Cabrillo Highway." (b) State highway routes embracing portions of Routes 280, 82, 237, 101, 5, and 72, and connecting city streets and county roads thereto, and extending in a continuous route from San Francisco southerly to the international border and near the route historically known as El Camino Real shall be known and designated as "El Camino Real." (c) State Highway Route 1 from south of San Juan Capistrano to near El Rio shall be known and designated as the "Pacific Coast Highway." SEC. 28. Section 2104 of the Streets and Highways Code is amended to read: 2104. A sum equal to the net revenue derived from a per gallon tax of 2.035 cents ($0.02035) under the Motor Vehicle Fuel License Tax Law (Part 2 (commencing with Section 7301) of Division. 2), 1.80 cents ($0.0180) under the Use Fuel Tax Law (Part 3 (commencing with Section 8601) of Division 2), and 1.80 cents ($0.0180) under the Diesel Fuel Tax Law (Part 31 (commencing with Section 60001) of Division 2) of the Revenue and Taxation Code, shall be apportioned among the counties, as follows: (a) Each county shall be paid one thousand six hundred sixty-seven dollars ($1,667) during each calendar month, which amount shall be expended exclusively for engineering costs and administrative expenses with respect to county roads. (b) A sum equal to the total of all reimbursable snow removal or snow grooming, or both, costs filed pursuant to subdivision (d) of Section 2152, or seven million dollars ($7,000,000), whichever is less, shall be apportioned in 12 approximately equal monthly apportionments for snow removal or snow grooming, or both, on county roads, as provided in Section 2110. (c) A sum equal to five hundred thousand dollars ($500,000) shall be apportioned in 12 approximately equal monthly apportionments, as provided in Section 2110.5. (d) Seventy-five percent of the funds payable under this section shall be apportioned among the counties monthly in the respective proportions that the number of fee-paid and exempt vehicles which are registered in each county bears to the total number of fee-paid and exempt vehicles registered in the state. For purposes of apportionment under this subdivision, the Department of Motor Vehicles shall, as soon as possible after the last day of each calendar month, furnish to the Controller a verified statement showing the number of fee-paid and exempt vehicles which are registered in each county and in the state as of the last day of each calendar month as reflected by the records of the Department of Motor Vehicles. (e) Of the remaining money payable, there shall be paid to each eligible county an amount that is computed monthly as follows: The number of miles of maintained county roads in each county shall be multiplied by sixty dollars ($60); from the resultant amount, there shall be deducted the amount received by each county under subdivision (d) and the remainder, if any, shall be paid to each county. (f) The remaining money payable, after the foregoing apportionments, shall be apportioned among the counties in the same proportion as the money referred to in subdivision (d). SEC. 29. Section 407.5 is added to the Vehicle Code, to read: 407.5. (a) A "motorized scooter" is any two-wheeled device that has handlebars, is designed to be stood or sat upon by the operator, and is powered by an electric motor that is capable of propelling the device with or without human propulsion. For purposes of this section, a motorcycle, as defined in Section 400, a motor-driven cycle, as defined in Section 405, a motorized bicycle or moped, as defined in Section 406, or a toy, as defined in Section 108550 of the Health and Safety Code, is not a motorized scooter. (b) A device meeting the definition in subdivision (a) that is powered by a source other than electrical power is also a motorized scooter. (c) (1) Every manufacturer of motorized scooters shall provide a disclosure to buyers that advises buyers that their existing insurance policies may not provide coverage for these scooters and that they should contact their insurance company or insurance agent to determine if coverage is provided. (2) The disclosure required under paragraph (1) shall meet both of the following requirements: (A) The disclosure shall be printed in not less than 14-point boldface type on a single sheet of paper that contains no information other than the disclosure. (B) The disclosure shall include the following language in capital letters: "YOUR INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING THE USE OF THIS SCOOTER. TO DETERMINE IF COVERAGE IS PROVIDED, YOU SHOULD CONTACT YOUR INSURANCE COMPANY OR AGENT." SEC. 29.5. Section 2800 of the Vehicle Code is amended to read: 2800. (a) It is unlawful to willfully fail or refuse to comply with any lawful order, signal, or direction of any peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, when that peace officer is in uniform and is performing duties under any of the provisions of this code, or to refuse to submit to any lawful inspection under this code. (b) Except as authorized under Section 24004, it is unlawful to fail or refuse to comply with any lawful out-of-service order issued by any peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, when that peace officer is in uniform and is performing duties under any provision of this code and the out-of-service order complies with Sections 395.13 and 396.9 of Title 49 of the Code of Federal Regulations. SEC. 30. Section 4604.5 of the Vehicle Code is amended to read: 4604.5. (a) If the vehicle has not been operated, moved, or left standing upon any highway subsequent to the expiration of the vehicle' s registration, the certification specified in Section 4604 or 4604.2 may be filed after the expiration of the registration of a vehicle, but not later than 90 days after the expiration date, subject to the payment of the filing fee specified in Section 4604 and the penalty specified in subdivision (b). (b) A penalty shall be collected on any certification specified in Section 4604 or 4604.2 filed later than midnight of the date of expiration of registration. The penalty shall be computed as provided in Sections 9406 and 9559 and after the registration and weight fees have been combined with the license fee specified in Section 10751 of the Revenue and Taxation Code, as follows: (1) For a delinquency period of 10 days or less, the penalty is 10 percent of the fee. (2) For a delinquency period of more than 10 days, to and including 30 days, the penalty is 20 percent of the fee. (3) For a delinquency period of more than 30 days, to and including 90 days, the penalty is 60 percent of the fee. SEC. 30.5. Section 5002.7 of the Vehicle Code is amended to read: 5002.7. (a) For any county of over 20,000 square miles in area, any member of the county board of supervisors who is regularly issued a county-owned vehicle may apply to the department for regular series license plates for that vehicle, if a request for that issuance is also made by the county board of supervisors. The application and the request shall be in the manner specified by the department. (b) Regular series license plates issued pursuant to subdivision (a) shall be surrendered to the department by the board member or administrative officer, as applicable, upon the reassignment of a vehicle, for which those plates have been issued, to a person other than the person who requested those plates. SEC. 31. Section 13102 of the Vehicle Code is amended to read: 13102. When used in reference to a driver's license, "suspension" means that the person's privilege to drive a motor vehicle is temporarily withdrawn. The department may, before terminating any suspension based upon a physical or mental condition of the licensee, require such examination of the licensee as deemed appropriate in relation to evidence of any condition which may affect the ability of the licensee to safely operate a motor vehicle. SEC. 32. Section 14104.5 of the Vehicle Code is amended to read: 14104.5. (a) Before a hearing has commenced, the department, or the hearing officer or hearing board, shall issue subpoenas or subpoenas duces tecum, or both, at the request of any party, for attendance or production of documents at the hearing. After the hearing has commenced, the department, if it is hearing the case, or the hearing officer sitting alone, or the hearing board, may issue subpoenas or subpoenas duces tecum, or both. (b) Notwithstanding Section 11450.20 of the Government Code, subpoenas and subpoenas duces tecum issued in conjunction with the hearings may be served by first-class mail. SEC. 33. Section 14105 of the Vehicle Code is amended to read: 14105. (a) Upon the conclusion of a hearing, the hearing officer or hearing board shall make findings and render a decision on behalf of the department and shall notify the person involved. Notice of the decision shall include a statement of the person's right to a review. The decision shall take effect as stated in the notice, but not less than four nor more than 15 days after the notice is mailed. (b) The decision may be modified at any time after issuance to correct mistakes or clerical errors. SEC. 34. Section 14105.5 of the Vehicle Code is amended to read: 14105.5. (a) The person subject to a hearing may request a review of the decision taken under Section 14105 within 15 days of the effective date of the decision. (b) On receipt of a request for review, the department shall stay the action pending a decision on review, unless the hearing followed an action pursuant to Section 13353, 13353.2, or 13953. The review shall include an examination of the hearing report, documentary evidence, and findings. The hearing officer or hearing board conducting the original hearing may not participate in the review process. (c) Following the review, a written notice of the department's decision shall be mailed to the person involved. If the action has been stayed pending review, the department's decision shall take effect as stated in the notice, but not less than four nor more than 15 days after the notice is mailed. (d) The decision may be modified at any time after issuance to correct mistakes or clerical errors. SEC. 35. Section 15300 of the Vehicle Code is amended to read: 15300. (a) No driver of a commercial motor vehicle may operate a commercial motor vehicle for a period of one year if the driver is convicted of a first violation of any of the following: (1) Driving a commercial motor vehicle while under the influence of alcohol or a controlled substance. (2) Leaving the scene of an accident involving a commercial motor vehicle operated by the driver. (3) A violation of Section 2800.1, 2800.2, or 2800.3 that involves a commercial motor vehicle. (b) If any of the above violations, or a violation listed in paragraph (2) of subdivision (a) of Section 13350 or Section 13352 or 13357, occurred while transporting a hazardous material, the period specified in subdivision (a) shall be three years. SEC. 35.2. Section 15302 of the Vehicle Code is amended to read: 15302. No driver of a commercial motor vehicle may operate a commercial motor vehicle for the rest of his or her life if convicted of more than one violation of any of the following: (a) Driving a commercial motor vehicle while under the influence of alcohol or a controlled substance. (b) Leaving the scene of an accident involving a commercial motor vehicle operated by the driver. (c) Using a commercial motor vehicle in the commission of more than one felony arising out of separate occasions of arrest or citation. (d) A violation of Section 2800.1, 2800.2, or 2800.3 that involves a commercial motor vehicle. (e) Any combination of the above violations. SEC. 35.4. Section 15309 is added to the Vehicle Code, to read: 15309. In addition to any other action taken under this code, no driver may operate a commercial motor vehicle for a period of 60 days if the department determines, after a hearing, that the person falsified information on his or her application for a driver's license in violation of the standards set forth in subpart J of part 383 or Section 383.71(a) of Title 49 of the Code of Federal Regulations. SEC. 36. Section 15311 is added to the Vehicle Code, to read: 15311. (a) No driver may operate a commercial motor vehicle for a period of 90 days if the person is convicted of a first violation of an out-of-service order under subdivision (b) of Section 2800. (b) No driver may operate a commercial motor vehicle for a period of one year if the person is convicted of a second violation of an out-of-service order under subdivision (b) of Section 2800 during any 10-year period, arising from separate incidents. (c) No driver may operate a commercial motor vehicle for a period of three years if the person is convicted of a third or subsequent violation of an out-of-service order under subdivision (b) of Section 2800 during any 10-year period, arising from separate incidents. SEC. 37. Section 15320 is added to the Vehicle Code, to read: 15320. The department shall suspend, revoke, or cancel, the privilege of any person to operate a commercial motor vehicle for the periods specified in this article upon receipt of a duly certified abstract of the record of any court that the person has been convicted of any of the offenses set forth in this article. SEC. 38. Section 21100.4 of the Vehicle Code is repealed. SEC. 40. Section 21753 of the Vehicle Code is amended to read: 21753. Except when passing on the right is permitted, the driver of an overtaken vehicle shall safely move to the right-hand side of the highway in favor of the overtaking vehicle after an audible signal or a momentary flash of headlights by the overtaking vehicle, and shall not increase the speed of his or her vehicle until completely passed by the overtaking vehicle. This section does not require the driver of an overtaken vehicle to drive on the shoulder of the highway in order to allow the overtaking vehicle to pass. SEC. 41. Section 22349 of the Vehicle Code is amended to read: 22349. (a) Except as provided in Section 22356, no person may drive a vehicle upon a highway at a speed greater than 65 miles per hour. (b) Notwithstanding any other provision of law, no person may drive a vehicle upon a two-lane, undivided highway at a speed greater than 55 miles per hour unless that highway, or portion thereof, has been posted for a higher speed by the Department of Transportation or appropriate local agency upon the basis of an engineering and traffic survey. For purposes of this subdivision, the following apply: (1) A two-lane, undivided highway is a highway with not more than one through lane of travel in each direction. (2) Passing lanes may not be considered when determining the number of through lanes. (c) It is the intent of the Legislature that there be reasonable signing on affected two-lane, undivided highways described in subdivision (b) in continuing the 55 miles-per-hour speed limit, including placing signs at county boundaries to the extent possible, and at other appropriate locations. SEC. 42. Section 22406 of the Vehicle Code is amended to read: 22406. (a) No person may drive any of the following vehicles on a highway at a speed in excess of 55 miles per hour: (1) A motortruck or truck tractor having three or more axles or any motortruck or truck tractor drawing any other vehicle. (2) A passenger vehicle or bus drawing any other vehicle. (3) A schoolbus transporting any school pupil. (4) A farm labor vehicle when transporting passengers. (5) A vehicle transporting explosives. (6) A trailer bus, as defined in Section 636. (b) Any person who operates a commercial motor vehicle, as defined in Section 15210, upon a highway at a speed exceeding a maximum speed limit established under this code by 15 miles per hour or more, is guilty of a misdemeanor. A violation of this subdivision shall be considered a "serious traffic violation," as defined in subdivision (i) of Section 15210, and shall be subject to the sanctions provided under Section 15306 or 15308, in addition to any other penalty provided by law. SEC. 43. Section 23620 of the Vehicle Code is amended to read: 23620. (a) For the purposes of this division, Section 13352, and Chapter 12 (commencing with Section 23100) of Division 11, a separate offense that resulted in a conviction of a violation of subdivision (f) of Section 655 of the Harbors and Navigation Code or of Section 191.5 of, or paragraph (3) of subdivision (c) of Section 192 of, the Penal Code is a separate offense of a violation of Section 23153. (b) For the purposes of this division and Chapter 12 (commencing with Section 23100) of Division 11, and Section 13352, a separate offense that resulted in a conviction of a violation of subdivision (b), (c), (d), or (e) of Section 655 of the Harbors and Navigation Code is a separate violation of Section 23152. SEC. 44. Section 29004 of the Vehicle Code is amended to read: 29004. (a) (1) Except as required under paragraph (2), every towed vehicle shall be coupled to the towing vehicle or tow truck by means of a safety chain, cable, or equivalent device in addition to the regular drawbar, tongue, or other connection. (2) Any vehicle towed by a tow truck shall be coupled to the tow truck by means of at least two safety chains in addition to the primary restraining system. The safety chains shall be securely affixed to the truck frame, bed, or towing equipment, independent of the towing sling, wheel lift, or under-reach towing equipment. (3) Any vehicle transported on a slide back carrier or conventional trailer shall be secured by at least four tiedown chains, straps, or an equivalent device, independent of the winch or loading cable. This paragraph shall not apply to vehicle bodies that are being transported in compliance with Sections 1340 to 1344, inclusive, of Title 13 of the California Code of Regulations. (4) Vehicles being towed by a licensed repossession agency pursuant to subdivision (b) of Section 615 shall be exempt from the multisafety chain requirement of paragraph (2) so long as the vehicle is not towed more than one mile from the point of repossession and is secured by one safety chain. (b) All safety connections and attachments shall be of sufficient strength to control the towed vehicle in the event of failure of the regular hitch, coupling device, drawbar, tongue, or other connection. All safety connections and attachments also shall have a positive means of ensuring that the safety connection or attachment does not become dislodged while in transit. (c) No more slack may be left in a safety chain, cable, or equivalent device than is necessary to permit proper turning. When a drawbar is used as the towing connection, the safety chain, cable, or equivalent device shall be connected to the towed and towing vehicle and to the drawbar so as to prevent the drawbar from dropping to the ground if the drawbar fails. (d) Subdivision (a) does not apply to a semitrailer having a connecting device composed of a fifth wheel and kingpin assembly, nor to a towed motor vehicle when steered by a person who holds a license for the type of vehicle being towed. (e) For purposes of this section, "tow truck" includes an automobile dismantler's tow vehicle, as defined in subdivision (c) of Section 615. (f) This section shall not become operative if Senate Bill 378 of the 1999-2000 Regular Session is enacted and becomes operative and amends Section 615 of the Vehicle Code. SEC. 45. Section 29004 of the Vehicle Code is amended to read: 29004. (a) (1) Except as required under paragraph (2), every towed vehicle shall be coupled to the towing vehicle by means of a safety chain, cable, or equivalent device in addition to the regular drawbar, tongue or other connection. (2) Any vehicle towed by a tow truck shall be coupled to the tow truck by means of at least two safety chains in addition to the primary restraining system. The safety chains shall be securely affixed to the truck frame, bed, or towing equipment, independent of the towing sling, wheel lift, or under-reach towing equipment. (3) Any vehicle transported on a slide back carrier or conventional trailer shall be secured by at least four tiedown chains, straps, or an equivalent device, independent of the winch or loading cable. This subdivision shall not apply to vehicle bodies that are being transported in compliance with Sections 1340 to 1344, inclusive, of Title 13 of the California Code of Regulations. (b) All safety connections and attachments shall be of sufficient strength to control the towed vehicle in the event of failure of the regular hitch, coupling device, drawbar, tongue, or other connection. All safety connections and attachments also shall have a positive means of ensuring that the safety connection or attachment does not become dislodged while in transit. (c) No more slack may be left in a safety chain, cable, or equivalent device than is necessary to permit proper turning. When a drawbar is used as the towing connection, the safety chain, cable, or equivalent device shall be connected to the towed and towing vehicle and to the drawbar so as to prevent the drawbar from dropping to the ground if the drawbar fails. (d) Subdivision (a) does not apply to a semitrailer having a connecting device composed of a fifth wheel and kingpin assembly, and it does not apply to a towed motor vehicle when steered by a person who holds a license for the type of vehicle being towed. (e) For purposes of this section, a "tow truck" includes both of the following: (1) A repossessor's tow vehicle, as defined in subdivision (b) of Section 615. (2) An automobile dismantler's tow vehicle, as defined in subdivision (c) of Section 615. (f) Vehicles towed by a repossessor's tow vehicle, as defined in subdivision (b) of Section 615, are exempt from the multisafety chain requirement of paragraph (2) of subdivision (a) so long as the vehicle is not towed more than one mile from the point of repossession and is secured by one safety chain. (g) This section shall become operative only if Senate Bill 378 of the 1999-2000 Regular Session is enacted and becomes operative and amends Section 615 of the Vehicle Code. SEC. 46. Section 34500 of the Vehicle Code is amended to read: 34500. The department shall regulate the safe operation of the following vehicles: (a) Motortrucks of three or more axles that are more than 10,000 pounds gross vehicle weight rating. (b) Truck tractors. (c) Buses, schoolbuses, school pupil activity buses, youth buses, and general public paratransit vehicles. (d) Trailers and semitrailers designed or used for the transportation of more than 10 persons, and the towing motor vehicle. (e) Trailers and semitrailers, pole or pipe dollies, auxiliary dollies, and logging dollies used in combination with vehicles listed in subdivision (a), (b), (c), or (d). This subdivision does not include camp trailers, trailer coaches, and utility trailers. (f) Any combination of a motortruck and any vehicle or vehicles set forth in subdivision (e) that exceeds 40 feet in length when coupled together. (g) Any truck, or any combination of a truck and any other vehicle, transporting hazardous materials. (h) Manufactured homes which, when moved upon the highway, are required to be moved under a permit as specified in Section 35780 or 35790. (i) A park trailer, as described in subdivision (b) of Section 18010 of the Health and Safety Code, which, when moved upon a highway, is required to be moved under a permit pursuant to Section 35780. (j) Any other motortruck not specified in subdivisions (a) to (h), inclusive, or subdivision (k), that is regulated by the Public Utilities Commission or the Interstate Commerce Commission, but only for matters relating to hours of service and logbooks of drivers. (k) Any commercial motor vehicle with a gross vehicle weight rating of 26,001 or more pounds or any commercial motor vehicle of any gross vehicle weight rating towing any vehicle described in subdivision (e) with a gross vehicle weight rating of more than 10,000 pounds, except combinations including camp trailers, trailer coaches, or utility trailers. For purposes of the subdivision, the term "commercial motor vehicle" has the meaning defined in subdivision (b) of Section 15210. SEC. 47. Section 34520 of the Vehicle Code is amended to read: 34520. (a) Motor carriers and drivers shall comply with the controlled substances and alcohol use, transportation, and testing requirements of the United States Secretary of Transportation as set forth in Part 382 (commencing with Section 382.101) of, and Sections 392.5(a)(1) and 392.5(a)(3) of, Title 49 of the Code of Federal Regulations. (b) (1) Every motor carrier shall make available for inspection, upon the request of an authorized employee of the department, copies of all results and other records pertaining to controlled substances and alcohol use and testing conducted pursuant to federal law, as specified in subdivision (a), including those records contained in individual driver qualification files. (2) For the purposes of complying with the return-to-duty alcohol or controlled substances test requirements, or both, of Section 382.309 of Title 49 of the Code of Federal Regulations and the followup alcohol or controlled substances test requirements, or both, of Section 382.311 of that title, the department may use those test results to monitor drivers who are motor carriers. (3) No evidence derived from a positive test result in the possession of a motor carrier shall be admissible in a criminal prosecution concerning unlawful possession, sale, or distribution of controlled substances. (c) Any drug or alcohol testing consortium, as defined in Section 382.107 of Title 49 of the Code of Federal Regulations, shall mail a copy of all drug and alcohol positive test result summaries to the department within three days of the test. This requirement applies only to drug and alcohol positive tests of those drivers employed by motor carriers who operate terminals within this state. (d) A transit agency receiving federal financial assistance under Section 3, 9, or 18 of the Federal Transit Act, or under Section 103 (e)(4) of Title 23 of the United States Code, as defined in Section 653.7 of Title 49 of the Code of Federal Regulations, concerning controlled substance use, and Section 654.7 of Title 49 of the Code of Federal Regulations, concerning alcohol abuse, shall comply with the controlled substances and alcohol use and testing requirements of the United States Secretary of Transportation as set forth in Part 653 (commencing with Section 653.1) of, and Part 654 (commencing with Section 654.1) of, Title 49 of the Code of Federal Regulations. (e) It is a misdemeanor punishable by imprisonment in the county jail for six months and a fine not to exceed five thousand dollars ($5,000), or by both the imprisonment and fine, for any person to willfully violate this section. As used in this subdivision, "willfully" has the same meaning as defined in Section 7 of the Penal Code. (f) This section does not apply to a peace officer, as defined in Section 830.1 or 830.2 of the Penal Code, who is authorized to drive vehicles described in Section 34500 if that peace officer is participating in a substance abuse detection program within the scope of his or her employment. SEC. 48. Section 34631.5 of the Vehicle Code is amended to read: 34631.5. (a) (1) Every motor carrier of property as defined in Section 34601, except those subject to paragraph (2), (3), or (4), shall provide and thereafter continue in effect adequate protection against liability imposed by law upon those carriers for the payment of damages in the amount of a combined single limit of not less than seven hundred fifty thousand dollars ($750,000) on account of bodily injuries to, or death of, one or more persons, or damage to or destruction of, property other than property being transported by the carrier for any shipper or consignee whether the property of one or more than one claimant in any one accident. (2) Every motor carrier of property, as defined in Section 34601, who operates only vehicles under 10,000 pounds GVWR and who does not transport any commodity subject to paragraph (3) or (4), shall provide and thereafter continue in effect adequate protection against liability imposed by law for the payment of damages caused by bodily injuries to or the death of any person; or for damage to or destruction of property of others, other than property being transported by the carrier, in an amount not less than three hundred thousand dollars ($300,000). (3) Every intrastate motor carrier of property, as defined in Section 34601, who transports petroleum products in bulk, including waste petroleum and waste petroleum products, shall provide and thereafter continue in effect adequate protection against liability imposed by law upon the carrier for the payment of damages for personal bodily injuries (including death resulting therefrom) in the amount of not less than five hundred thousand dollars ($500,000) on account of bodily injuries to, or death of, one person; and protection against a total liability of those carriers on account of bodily injuries to, or death of more than one person as a result of any one accident, but subject to the same limitation for each person in the amount of not less than one million dollars ($1,000,000); and protection in an amount of not less than two hundred thousand dollars ($200,000) for one accident resulting in damage to or destruction to property other than property being transported by the carrier for any shipper or consignee, whether the property of one or more than one claimant; or a combined single limit in the amount of not less than one million two hundred thousand dollars ($1,200,000) on account of bodily injuries to, or death of, one or more persons or damage to or destruction of property, or both, other than property being transported by the carrier for any shipper or consignee whether the property of one or more than one claimant in any one accident. (4) Except as provided in paragraph (3), every motor carrier of property, as defined in Section 34601, that transports any hazardous material, as defined by Section 353, shall provide and thereafter continue in effect adequate protection against liability imposed by law on those carriers for the payment of damages for personal injury or death, and damage to or destruction of property, in amounts of not less than the minimum levels of financial responsibility specified for carriers of hazardous materials by the United States Department of Transportation in Part 387 (commencing with Section 387.1) of Title 49 of the Code of Federal Regulations. The applicable minimum levels of financial responsibility required are as follows: Combined Single Limit Commodity Transported: Coverage (A) Oil listed in Section 172.101 of Title 49 of $1,000,000 the Code of Federal Regulations; or hazardous waste, hazardous materials and hazardous substances defined in Section 171.8 of Title 49 of the Code of Federal Regulations and listed in Section 172.101 of Title 49 of the Code of Federal Regulations, but not mentioned in subparagraph (C) or (D). (B) Hazardous waste as defined in Section 25117 of $1,000,000 the Health and Safety Code and in Article 1 (commencing with Section 66261.1) of Chapter 11 of Division 4.5 of Title 22 of the California Code of Regulations, but not mentioned in subparagraph (C) or (D). (C) Hazardous substances, as defined in Section $5,000,000 171.8 of Title 49 of the Code of Federal Regulations, or liquefied compressed gas or compressed gas, transported in cargo tanks, portable tanks, or hopper-type vehicle with capacities in excess of 3,500 water gallons. (D) Any quantity of division 1.1, 1.2, or 1.3 $5,000,000 explosives; any quantity of poison gas (Poison A); or highway route controlled quantity radioactive materials as defined in Section 173.403 of Title 49 of the Code of Federal Regulations. (b) (1) The protection required under subdivision (a) shall be evidenced by the deposit with the department, covering each vehicle used or to be used in conducting the service performed by each motor carrier of property, an authorized certificate of public liability and property damage insurance, issued by a company licensed to write the insurance in the State of California, or by a nonadmitted insurer subject to Section 1763 of the Insurance Code. (2) The protection required under subdivision (a) by every motor carrier of property engaged in interstate or foreign transportation of property in or through California, shall be evidenced by the filing and acceptance of a department authorized certificate of insurance, or qualification as a self-insurer as may be authorized by law. (3) A certificate of insurance, evidencing the protection, shall not be cancelable on less than 30 days' written notice to the department, the notice to commence to run from the date notice is actually received at the office of the department in Sacramento. (4) Every insurance certificate or equivalent protection to the public shall contain a provision that the certificate or equivalent protection shall remain in full force and effect until canceled in the manner provided by paragraph (3). (5) Upon cancellation of an insurance certificate or the cancellation of equivalent protection authorized by the Department of Motor Vehicles, the motor carrier permit of any motor carrier of property, shall stand suspended immediately upon the effective date of the cancellations. (6) No carrier shall engage in any operation on any public highway of this state during the suspension of its permit. (7) No motor carrier of property, whose permit has been suspended under paragraph (5) shall resume operations unless and until the carrier has filed an insurance certificate or equivalent protection in effect at the time and that meets the standards set forth in this section. The operative rights of the complying carriers shall be reinstated from suspension upon the filing of an insurance certificate or equivalent protection. (8) In order to expedite the processing of insurance filings by the department, each insurance filing made should contain the insured' s California carrier number, if known, in the upper right corner of the certificate. (c) (1) Notwithstanding any other provision of law, the operator of a for-hire tow truck who is in compliance with subdivision (a) may perform emergency moves, irrespective of the load carried aboard the vehicle being moved. (2) For the purposes of paragraph (1), an "emergency move" is limited to one or more of the following activities: (A) Removal of a disabled or damaged vehicle or combination of vehicles from a highway. (B) Removal of a vehicle or combination of vehicles from public or private property following a traffic collision. (C) Removal of a vehicle or combination of vehicles from public or private property to protect public health, safety, or property. (D) Removal of a vehicle or combination of vehicles from any location for impound or storage, at the direction of a peace officer. (3) The authority granted under paragraph (1) applies only to the first one-way carriage of property from the scene of the emergency to the nearest safe location. Any subsequent move of that property shall be subject to subdivision (a), including, but not limited to, a requirement that the for-hire tow truck operator have a level of liability protection that is adequate for the commodity being transported by the towed vehicle or combination of vehicles. (4) Any transportation of property by an operator of an operator of a for-hire tow truck that is not an emergency move, as authorized under paragraph (1), shall be subject to subdivision (a), including, but not limited to, a requirement that the for-hire tow truck operator have a level of liability protection that is adequate for the commodity being transported by the towed vehicle or combination of vehicles. SEC. 49. Section 35106 of the Vehicle Code is amended to read: 35106. (a) Motor coaches or buses may have a maximum width not exceeding 102 inches. (b) Notwithstanding subdivision (a), motor coaches or buses operated under the jurisdiction of the Public Utilities Commission in urban or suburban service may have a maximum outside width not exceeding 104 inches, when approved by order of the Public Utilities Commission for use on routes designated by it. Motor coaches or buses operated by common carriers of passengers for hire in urban or suburban service and not under the jurisdiction of the Public Utilities Commission may have a maximum outside width not exceeding 104 inches. (c) (1) Notwithstanding subdivision (a), motor coaches and buses operated within local ski area jurisdictions may be equipped with a winter recreational equipment carrying device that does not extend more than four inches on the right side for a maximum outside width not exceeding 106 inches. Motor coaches or buses operating pursuant to this subdivision may not operate on highways designated as part of the national network under Appendix A to Section 658 of Title 23 of the Code of Federal Regulations, or where prohibited by the Department of Transportation or local authorities. The motor coaches and buses described in this subdivision may be operated only if all of the following conditions are satisfied with respect to motor coaches and buses: (A) They may only be operated from November 1 to May 31, inclusive, of each year. (B) All accidents involving them shall be reported to the Department of the California Highway Patrol. (2) Notwithstanding the provisions of Section 7550.5 of the Government Code, the Department of the California Highway Patrol, in consultation with the Department of Transportation, shall conduct a study on the effect that the exemption provided under this section has on public safety. (d) This section shall remain in effect only until January 1, 2002, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2002, deletes or extends that date. SEC. 50. Section 35106 is added to the Vehicle Code, to read: 35106. (a) Motor coaches or buses may have a maximum width not exceeding 102 inches. (b) Notwithstanding subdivision (a), motor coaches or buses operated under the jurisdiction of the Public Utilities Commission in urban or suburban service may have a maximum outside width not exceeding 104 inches, when approved by order of the Public Utilities Commission for use on routes designated by it. Motor coaches or buses operated by common carriers of passengers for hire in urban or suburban service and not under the jurisdiction of the Public Utilities Commission may have a maximum outside width not exceeding 104 inches. (c) This section shall become operative on January 1, 2002. (Amended by Stats. 1982, Ch. 827, Sec. 5. Effective September 10, 1982.) SEC. 51. Section 40001 of the Vehicle Code is amended to read: 40001. (a) It is unlawful for the owner, or any other person, employing or otherwise directing the driver of any vehicle to cause the operation of the vehicle upon a highway in any manner contrary to law. (b) It is unlawful for an owner to request, cause, or permit the operation of any vehicle that is any of the following: (1) Not registered or for which any fee has not been paid under this code. (2) Not equipped as required in this code. (3) Not in compliance with the size, weight, or load provisions of this code. (4) Not in compliance with the regulations promulgated pursuant to this code, or with applicable city or county ordinances adopted pursuant to this code. (5) Not in compliance with the provisions of Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code and the rules and regulations of the State Air Resources Board. (c) Any employer who violates an out-of-service order, that complies with Section 396.9 of Title 49 of the Code of Federal Regulations, or who knowingly requires or permits a driver to violate or fail to comply with that out-of-service order, is guilty of a misdemeanor. (d) Whenever a violation is chargeable to the owner or lessee of a vehicle pursuant to subdivision (a) or (b), the driver shall not be arrested or cited for the violation unless the vehicle is registered in a state or country other than California, or unless the violation is for an offense that is clearly within the responsibility of the driver. The Department of the California Highway Patrol shall report to the Legislature on or before January 1, 1988, concerning the effects of this subdivision. (e) Whenever the owner, or lessee, or any other person is prosecuted for a violation pursuant to this section, the court may, on the request of the defendant, take appropriate steps to make the driver of the vehicle, or any other person who directs the loading, maintenance or operation of the vehicle, or any other person who gives false or erroneous information in a written certification of actual gross weight, a codefendant. However, the court may make the driver a codefendant only if the driver is the owner or lessee of the vehicle, or the driver is an employee or a contractor of the defendant who requested the court to make the driver a codefendant. If the codefendant is held solely responsible and found guilty, the court may dismiss the charge against the defendant. (f) In any prosecution under this section, it is a rebuttable presumption that any person who gives false or erroneous information in a written certification of actual gross cargo weight has directed, requested, caused, or permitted the operation of a vehicle in a manner contrary to law in violation of subdivision (a) or (b), or both. SEC. 52. Section 40303 of the Vehicle Code is amended to read: 40303. Whenever any person is arrested for any of the following offenses and the arresting officer is not required to take the person without unnecessary delay before a magistrate, the arrested person shall, in the judgment of the arresting officer, either be given a 10 days' notice to appear as provided in this section or be taken without unnecessary delay before a magistrate within the county in which the offense charged is alleged to have been committed and who has jurisdiction of the offense and is nearest or most accessible with reference to the place where the arrest is made: (a) Section 10852 or 10853, relating to injuring or tampering with a vehicle. (b) Section 23103 or 23104, relating to reckless driving. (c) Subdivision (a) of Section 2800, insofar as it relates to a failure or refusal of the driver of a vehicle to stop and submit to an inspection or test of the lights upon the vehicle under Section 2804 hereof, which is punishable as a misdemeanor. (d) Subdivision (a) of Section 2800, insofar as it relates to a failure or refusal of the driver of a vehicle to stop and submit to a brake test which is punishable as a misdemeanor. (e) Subdivision (a) of Section 2800, relating to the refusal to submit vehicle and load to an inspection, measurement, or weighing as prescribed in Section 2802 or a refusal to adjust the load or obtain a permit as prescribed in Section 2803. (f) Subdivision (a) of Section 2800, insofar as it relates to any driver who continues to drive after being lawfully ordered not to drive by a member of the California Highway Patrol for violating the driver's hours of service or driver's log regulations adopted pursuant to subdivision (a) of Section 34501. (g) Subdivision (b) of Section 2800, relating to a failure or refusal to comply with any lawful out-of-service order. (h) Section 20002 or 20003, relating to duties in the event of an accident. (i) Section 23109, relating to participating in speed contests or exhibition of speed. (j) Section 14601, 14601.1, 14601.2, or 14601.5, relating to driving while license is suspended or revoked. (k) When the person arrested has attempted to evade arrest. (l) Section 23332, relating to persons upon vehicular crossings. (m) Section 2813, relating to the refusal to stop and submit a vehicle to an inspection of its size, weight, and equipment. (n) Section 21461.5, insofar as it relates to a pedestrian who, after being cited for a violation of Section 21461.5, is, within 24 hours, again found upon the freeway in violation of Section 21461.5 and thereafter refuses to leave the freeway after being lawfully ordered to do so by a peace officer and after having been informed that his or her failure to leave could result in his or her arrest. (o) Subdivision (a) of Section 2800, insofar as it relates to a pedestrian who, after having been cited for a violation of subdivision (a) of Section 2800 for failure to obey a lawful order of a peace officer issued pursuant to Section 21962, is within 24 hours again found upon the bridge or overpass and thereafter refuses to leave after being lawfully ordered to do so by a peace officer and after having been informed that his or her failure to leave could result in his or her arrest. (p) Section 21200.5, relating to riding a bicycle while under the influence of an alcoholic beverage or any drug. SEC. 53. Section 42001.1 of the Vehicle Code is amended to read: 42001.1. (a) Every person convicted of an infraction for a violation of Section 2815 or a violation of Section 22526 at an intersection posted pursuant to subdivision (d) of Section 22526 shall be punished as follows: (1) For a first conviction, a fine of not less than fifty dollars ($50) nor more than one hundred dollars ($100). (2) For a second conviction within a period of one year, a fine of not less than one hundred dollars ($100) nor more than two hundred dollars ($200). (3) For a third or any subsequent conviction within a period of two years, a fine of not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500). (b) In addition to the fine specified in subdivision (a), the court may order the department to suspend the driver's license for up to 30 days of any person convicted of a third or any subsequent conviction of Section 2815 within a period of two years, and the department shall suspend the license for the period of time so ordered. SEC. 54. Section 42005 of the Vehicle Code is amended to read: 42005. (a) The court may order any person convicted of a traffic violation to attend a traffic violator school licensed pursuant to Chapter 1.5 (commencing with Section 11200) of Division 5. (b) In lieu of adjudicating a traffic offense, and with the consent of the defendant, or after conviction of a traffic offense, the court may order any person issued a notice to appear for a traffic violation to attend a traffic violator school licensed pursuant to Chapter 1.5 (commencing with Section 11200) of Division 5. (c) Except as otherwise provided in subdivision (d), any person so ordered may choose the traffic violator school the person will attend. The court shall make available to each person subject to such an order the current list of traffic violator schools published by the department pursuant to Section 11205. (d) In those counties where, prior to January 1, 1985, one or more individual courts, or the county acting on behalf of one or more individual courts, contracted for the provision of traffic safety instructional services to traffic violators referred by the court pursuant to a pretrial diversion program, the courts may restrict referrals under this section to those schools for traffic violators or licensed driving schools which are under contract with the court or with the county to provide traffic safety instructional services for persons referred pursuant to subdivision (a). (e) A county described in Section 28023 of the Government Code may continue to provide the program authorized by this section in accordance with the provisions of current and future contracts as may be amended and approved by the individual courts within that county and the county shall be exempt from state regulations relative to maximum classroom attendance. (f) Notwithstanding subdivision (b), a court may not order a person to attend traffic violator school in lieu of adjudicating an offense if the person was issued a notice to appear for a serious traffic violation, as defined in subdivision (i) of Section 15210, that occurred in a commercial motor vehicle, as defined in subdivision (b) of Section 15210. (g) Any person who willfully fails to comply with a court order to attend traffic violator school is guilty of a misdemeanor. SEC. 55. Notwithstanding Section 16361 of the Government Code or any other provision of law, and to the extent permitted under federal law, the sum of five hundred thousand dollars ($500,000) previously appropriated to the Department of Transportation under paragraph (1) of subdivision (c) of Section 6 of Chapter 1159 of the Statutes of 1993 is hereby reappropriated to the Department of Transportation to be allocated by that department to the City of Coronado for the purposes of supplementing the funding of that city's trip reduction and air quality program. SEC. 56. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because 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.