BILL ANALYSIS
AB 1379
Page 1
ASSEMBLY THIRD READING
AB 1379 (Hill)
As Amended April 29, 2009
Majority vote
TRANSPORTATION 8-2
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|Ayes:|Eng, Blumenfield, | | |
| |Hayashi, Furutani, | | |
| |Galgiani, Bonnie | | |
| |Lowenthal, | | |
| |John A. Perez, Torlakson | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Miller, Niello | | |
| | | | |
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SUMMARY : Modifies statutes regarding commercial motor
transportation and spilled loads to provide that a person that
is in violation of preventing the escape of materials from a
vehicle on a second or subsequent violation is subject to a base
fine of $50 not to exceed $100.
EXISTING LAW :
1)Prohibits a vehicle from being driven or moved on any highway
unless the vehicle is so constructed, covered, or loaded so as
to prevent any of its contents or load other than clear water
or feathers from live birds from dropping, sifting, leaking,
blowing, spilling, or otherwise escaping from the vehicle.
2)Requires that aggregate material is only to be carried in a
cargo area that does not contain any holes, cracks, or
openings through which that material may escape, regardless of
the degree to which the vehicle is loaded.
3)Requires that every vehicle used to transport aggregate
materials, regardless of the degree to which the vehicle is
loaded, is to be equipped with properly functioning seals on
any openings used to empty the load, including, but not
limited to, bottom dump release gates and tailgates.
4)Exempts vehicles from covering their loads, if the load where
AB 1379
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it contacts the sides, front, and back of the cargo container
area, remains six inches from the upper edge of the container
area, and if the load does not extend, at its peak, above any
part of the upper edge of the cargo container area.
5)Provides that a driver of a vehicle loaded with aggregate
material can operate on public roads only if that driver is
able to safely cover the load at a site near the location
point of egress to the public road. An uncovered vehicle is
not to operate more than 200 yards from the point of egress to
the public road.
6)Provides that a person that is in violation of preventing the
escape of materials from a vehicle is subject to a fine not to
exceed $100. A second or subsequent violation occurring
within two years of a prior violation is a misdemeanor.
FISCAL EFFECT : Unknown
COMMENTS : According to the author, this bill increases the base
fine for spilled loads.
According to the California Highway Patrol, since 2003, there
were over 7,000 collisions created by spilled loads throughout
the state, resulting in 10 fatalities.
The author adds that this bill intends to address the issue of
spilled loads by increasing the base fine from $35 to $50, thus
encouraging operators to secure their non covered cargo more
securely.
Under current law, spilling cargo onto a highway can result in a
fine not to exceed $100. Typically a base fine of $35 is
assessed against an operator who has violated this provision.
This bill would increase the base fine to $50 but maintains the
$100 maximum fine that can be assessed.
In opposition, the California Dump Truck Owners Association
points out that although they have always been supportive of
legitimate safety measure for the motoring public, this bill
"creates an necessary financial burden on an industry that is
already crippled by costly regulations without providing any
real corresponding improvement to the safety of the motoring
public."
AB 1379
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Related legislation: AB 2714 (Keene), Chapter 250, Statutes of
2008, amended the "cargo load spilling" law to allow a minimal
and incidental amount of hay or straw chaff to escape from a
vehicle without it constituting a violation.
Analysis Prepared by : Alejandro Esparza / TRANS. / (916)
319-2093
FN: 0000529