BILL ANALYSIS
AB 1361
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1361 (Portantino)
As Amended July 9, 2009
2/3 vote. Urgency
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|ASSEMBLY: |75-0 |(May 21, 2009) |SENATE: | |(July 16, |
| | | | | |2009) |
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(vote not available)
Original Committee Reference: TRANS .
SUMMARY : Prohibits commercial vehicles with a gross vehicle
weight exceeding 9,000 pounds 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.
The Senate amendments :
1)Reduce from 10,000 pounds to 9,000 pounds the gross vehicle
weight over which commercial vehicles are banned on a segment
of SR 2.
2)Modify exceptions to the truck ban to include all government
agency vehicles, not just vehicles operated by the California
Department of Transportation (Caltrans), and vehicles involved
in the production of commercials, in addition to motion
pictures and television, in areas accessible only from the
impacted portion of SR 2.
3)Strike provisions directing the use of revenue from increased
fines to be used to improve safety on SR 2.
EXISTING LAW :
4)Authorizes truck bans (for vehicles over 9,000 pounds) on SR
85 in Santa Clara County and SR 580 in Oakland. The ban on SR
85 does not apply to road maintenance and emergency vehicles,
buses, and recreational vehicles. The ban on SR 580 does not
apply to buses or paratransit vehicles.
5)Authorizes Caltrans or local authorities to issue permits for
the operation of vehicles that would not otherwise be
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permitted to be operated, under specific conditions such as
exceeding size and weight limits.
6)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.
7)Generally prohibits a person from driving a vehicle on any
state highway if the vehicle exceeds maximum weight limits;
sets forth a fine schedule for vehicle weight limit
violations.
AS PASSED BY THE ASSEMBLY , this bill:
8)Exempted from commercial vehicle ban on SR 2 the following
vehicles:
a) Authorized emergency vehicles;
b) Vehicles operated by public utilities;
c) Vehicles operated by the Caltrans;
d) Transit buses serving facilities accessible only from
the impacted segment of SR 2;
e) Commercial vehicles making deliveries to or from
property located in the City of La Canada Flintridge or
from property accessible only from the impacted portion of
SR 2; and,
f) Commercial vehicles involved in motion picture or
television production activities along or adjacent to the
impacted portion of SR 2.
9)Stipulated that a violation of this prohibition is punishable
by a fine of at least $1,000.
10)Provided that revenue from fines shall be used to improve the
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safety of the applicable segment of SR 2.
11)Required Caltrans to sign each end of the portion of SR 2 for
which the truck ban applies.
12)Declared that this bill takes effect immediately as an
urgency statute.
FISCAL EFFECT : According to both the Assembly and Senate
Appropriations Committees, minor one-time costs to Caltrans to
post signs at each end of the truck ban.
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
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 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 tuck 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. Caltrans uses maps and the internet to notify
truckers of restrictions on the state highway system.
Previous legislation: AB 1941 (Quackenbush), Chapter 1250,
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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.
Analysis Prepared by : Janet Dawson / TRANS. / (916) 319-2093
FN: 0001891