BILL ANALYSIS
AB 1361
Page 1
Date of Hearing: April 27, 2009
ASSEMBLY COMMITTEE ON TRANSPORTATION
Mike Eng, Chair
AB 1361 (Portantino) - As Amended: April 20, 2009
SUBJECT : State Route 2: truck ban
SUMMARY : Prohibits commercial vehicles with a gross vehicle
weight exceeding five tons from being operated on State Route
2 (SR 2), between Interstate Route 210 (I-210) in the City of
La Canada Flintridge and County Route N4 (a.k.a. Big Pine
Highway) in Los Angeles County, with exceptions.
Specifically, this bill :
1)Exempts from this prohibition the following vehicles:
a) Authorized emergency vehicles;
b) Vehicles operated by public utilities;
c) Vehicles operated by the California Department of
Transportation (Caltrans);
d) Transit buses; and,
e) Tow trucks.
2)Stipulates that a violation of this prohibition is punishable
by a fine of $1,000.
3)Provides that revenue from fines shall be used to improve the
safety of the applicable segment of SR 2.
4)Requires Caltrans to sign each end of the portion of SR 2 for
which the truck ban applies.
5)Authorizes Caltrans and local authorities, for highways within
their respective jurisdictions, to issue permits to operate
commercial vehicles that would otherwise be banned from
operating on SR 2 under the following specific conditions:
a) A vehicle involved in a motion picture or television
production;
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b) A vehicle necessary for the completion of construction
projects;
c) A vehicle that is a delivery vehicle and requires access
to provide for local pickup and delivery; and,
d) Any other vehicle that Caltrans deems appropriate and
safe to access the applicable portion of SR 2.
EXISTING LAW :
6)Authorizes truck bans (for vehicles over 9,000 pounds) on SR
85 in Santa Clara County and I-580 in Oakland. The ban on SR
85 does not apply to road maintenance and emergency vehicles,
buses, and recreational vehicles. The ban on I-580 does not
apply to buses or paratransit vehicles.
7)Authorizes Caltrans or local authorities to issue permits for
the operation of vehicles that would not otherwise be
permitted to be operated on public highways, under specific
conditions such as exceeding size and weight limits.
8)Authorizes any city or county, by ordinance, to prohibit the
use of a residential street by commercial vehicles exceeding a
maximum gross vehicle weight limit, with some exceptions;
after November 1969, prohibits any such ordinance on a state
highway that is included in the National System of Interstate
and Defense Highways, unless the ordinance has been approved
by a two-thirds vote of the California Transportation
Commission and unless the local authority designates an
alternative route.
9)Generally prohibits a person from driving a vehicle on any
state highway if the vehicle exceeds maximum weight limits;
sets forth a graduated fine schedule for vehicle weight limit
violations.
FISCAL EFFECT : Unknown
COMMENTS : This bill is in response to a fatal accident on April
1, 2009, that killed a father and his 12-year old daughter.
According to news accounts, the accident occurred when the
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driver of a double-decker truck hauling cars lost control of the
truck and plowed first through a crowded intersection then
finally into a bookstore. In addition to the two fatalities, 12
people were injured. Investigators reportedly believe the
truck's brakes malfunctioned, but the driver was arrested on
suspicion of vehicular manslaughter and felony reckless driving.
Authorities allege the driver ignored vehicle-weight limitation
signs on the highway.
The driver was traveling on a stretch of SR 2, known as the
Angeles Crest Highway. The route is used by travelers as a
shortcut between the Antelope Valley and the Los Angeles basin.
The highway is a winding mountain road with steep grades and a
final straightaway that terminates at intersection where the
accident occurred. Newspaper accounts indicate that this area
has a history of similar accidents and that local officials had
earlier appealed to Caltrans for a truck ban on the same portion
of SR 2 that is addressed in this bill.
Since the April 1, accident, Caltrans has placed a 90-day
temporary ban on trucks with 5 axles or more.
Banning trucks on state highways has been done before. In
addition to the general authority provided to Caltrans and local
jurisdictions to ban trucks as needed, existing law includes two
specific provisions providing for truck bans on the state
highway system (referenced below). Caltrans uses maps and the
internet to notify truckers of restrictions on the state highway
system.
Author's Amendments : The author will be requesting amendments
in committee to stipulate that the $1,000 fine imposed for
violating the truck ban prescribed in this bill is to be a
minimum fine. (Existing fines for exceeding weight limits can
range up to several thousand dollars depending on the number of
pounds a vehicle is overweight.) The author will also request
to make this an urgency bill.
Previous legislation : AB 1941 (Quackenbush) Chapter 1250,
Statutes of 1987, provided for the banning of trucks on SR 85 in
Santa Clara County.
AB 500 (Corbett) Chapter 212, Statutes of 2000, banned trucks on
I-580 through Oakland.
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REGISTERED SUPPORT / OPPOSITION :
Support
City of La Ca?ada Flintridge
Los Angeles County Metropolitan Transportation Authority (Metro)
Opposition
None on file
Analysis Prepared by : Janet Dawson / TRANS. / (916) 319-2093