BILL NUMBER: SB 1318 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 14, 2010
INTRODUCED BY Committee on Transportation and Housing ( Lowenthal
(Chair), Ashburn, DeSaulnier, Harman, Huff, Kehoe, Oropeza, Pavley,
and Simitian)
FEBRUARY 19, 2010
An act to repeal Section 14529.15 of the Government Code, to
amend Section 1776 of the Labor Code, to amend Sections 21669.6,
24908, 99221, 99313.1, and 132820 of, and to repeal Section
132352.6 of , the Public Utilities Code, to amend
Sections 301, 302, 319, 339, 366, 371, 372, 374, 379, 383, 384, 411,
444, 451, 460, 464, 470, and 560 of, to add Section 575 to, and to
repeal Section 301.5 of, the Streets and Highways Code, and to
amend Sections 1808.1, 2800, 2804, 2813, 5201,
14611, 21754, 21755, 22452, 22511.55, 24400, 26100, 26101,
26505, 29004, and 34518 34518, and 40802
of, and to add Sections 667 and 34500.4 to, the Vehicle Code,
relating to vehicles transportation .
LEGISLATIVE COUNSEL'S DIGEST
SB 1318, as amended, Committee on Transportation and Housing.
Vehicles: Department of Motor Vehicles: omnibus bill.
Transportation.
(1) Existing law establishes the State Highway System and
designates state highway routes from Route 1 to Route 905, unless
otherwise specified by name and authorizes the California
Transportation Commission to adopt any route or portion of a road as
part of the state highway system if specified conditions are met or
to relinquish all or a portion of a designated state highway route to
specified cities. Portions of state highways that have been
relinquished are not state highways and become ineligible for future
adoption as a part of the State Highway System.
This bill would acknowledge the relinquishment of, and designate
or make technical changes to, specific portions of Routes 1, 2, 19,
39, 66, 71, 74, 79, 83, 84, 111, 151, 160, 164, 170, 260, and 275.
(1)
(2) Existing law imposes on the employer of a driver
who drives one of several specified vehicles, including a vehicle for
the operation of which the driver is required to have an ambulance
driver certificate, as specified, several requirements related to the
driver's public record. A violation of those requirements is a
crime.
This bill would correct an erroneous cross-reference.
(2)
(3) Existing law prohibits a driver from operating a
commercial motor vehicle for a period of 90 days, 180 days, one year,
or 3 years if the person is convicted of a specified violation of an
out-of-service order issued by an authorized employee of the
Department of the California Highway Patrol or by a uniformed peace
officer.
This bill would revise these provisions to include only
out-of-service orders issued by an authorized employee of the
Department of the California Highway Patrol or by an authorized
enforcement officer, as defined.
(3) Existing law authorizes a member of the Department of the
California Highway Patrol, upon reasonable belief that any vehicle is
being operated in violation of any provisions of the Vehicle Code or
is in such unsafe condition as to endanger any person, to require
the driver of the vehicle to stop and submit to an inspection of the
vehicle, and its equipment, license plates, and registration card.
Existing law also requires the driver of a commercial vehicle to stop
and submit the vehicle to an inspection of the size, weight,
equipment, and smoke emissions of the vehicle at any location where
members of the Department of the California Highway Patrol are
conducting tests and inspections of commercial vehicles and when
signs are displayed requiring the stop.
This bill would require a driver of a commercial motor vehicle who
is stopped pursuant to the above provisions to present, upon demand,
his or her driver's license and registration or cab card issued for
the vehicle and to submit to a complete inspection of the driver and
the commercial motor vehicle, including, but not limited to, the
size, weight, equipment, smoke emissions, interior, cargo, license
plates, and any other paper or document required by federal or state
law to be in the driver's possession to determine compliance with
commercial motor vehicle laws, rules and regulations.
(4) Existing law authorizes the Department of Motor Vehicles to
establish requirements for equipment and devices to be used on any
vehicle and defines the types of vehicles for this purpose. Existing
law requires that license plates be securely fastened at all times to
the vehicle for which they are issued so as to prevent the plates
from swinging, be mounted in a position so as to be clearly visible,
and be maintained in a condition so as to be clearly legible.
This bill would also require that license plates be parallel with
the ground so that the characters are upright.
(5) Existing law authorizes a disabled person or disabled veteran
to apply to the Department of Motor Vehicles for the issuance of a
distinguishing placard that may be used in lieu of the special
license plate or plates issued for parking in a disabled person's
parking space, when the placard is suspended from the rearview mirror
or, if there is no rearview mirror, when it is displayed on the
dashboard of the vehicle.
This bill would also permit a distinguishing placard to be
inserted into a clip designated for a distinguishing placard and
installed by the manufacturer on the driver's side of the front
window.
(6) Existing law requires the Department of the California Highway
Patrol to regulate the safe operation of commercial motor vehicles,
including, among other things, controlled substances and alcohol
testing of drivers by motor carriers, hours of service of drivers,
equipment, fuel containers, fueling operations, inspection,
maintenance, recordkeeping, accident reports, and drawbridges.
This bill would require the department to adopt rules and
regulations for driver qualification, criteria for vehicle equipment
and maintenance, criteria for the transportation of hazardous
materials or dangerous goods, and criteria for motor carriers
operating specified motor vehicles that are consistent with the
Commercial Vehicle Safety Alliance North American Standard
Out-of-Service Criteria and for transporting hazardous materials,
dangerous goods, and hazardous substances that are consistent with
federal regulations, as those regulations now exist or are amended in
the future.
(7) Existing law defines various terms for the purposes of the
Vehicle Code.
This bill would define "utility trailer" for these purposes and
would make other technical and conforming changes.
(8) Existing law creates the Alameda-Contra Costa Transit District
and provides for the district to be governed by an elected board of
directors. Existing law authorizes the board, by ordinance, to
provide that each director shall be paid not more than $1,000 per
calendar month in lieu of per-meeting compensation if the director
attends all scheduled and noticed board meetings for that month.
This bill would authorize the board to provide that compensation
if the director attends all scheduled and noticed regular board
meetings for that month.
(9) Existing law establishes the Imperial County Transportation
Commission and authorizes that commission to use up to 3% of the
revenues in the local transportation fund for carrying out its
responsibilities.
This bill would instead authorize the commission to use up to 3%
of those revenues for carrying out its planning and programming
responsibilities.
(8)
(10) Under existing law, with certain exceptions, a
violation of the Vehicle Code is a crime.
Because this bill would change the definition of an existing
crime, the bill would impose a state-mandated local program.
(9)
(11) 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 14529.15 of the Government Code is repealed.
SEC. 2. Section 1776 of the Labor Code
is amended to read:
1776. (a) Each contractor and subcontractor shall keep accurate
payroll records, showing the name, address, last four digits of
the social security number, work classification, straight time
and overtime hours worked each day and week, and the actual per diem
wages paid to each journeyman, apprentice, worker, or other employee
employed by him or her in connection with the public work. Each
payroll record shall contain or be verified by a written declaration
that it is made under penalty of perjury, stating both of the
following:
(1) The information contained in the payroll record is true and
correct.
(2) The employer has complied with the requirements of Sections
1771, 1811, and 1815 for any work performed by his or her employees
on the public works project.
(b) The payroll records enumerated under subdivision (a) shall be
certified and shall be available for inspection at all reasonable
hours at the principal office of the contractor on the following
basis:
(1) A certified copy of an employee's payroll record shall be made
available for inspection or furnished to the employee or his or her
authorized representative on request.
(2) A certified copy of all payroll records enumerated in
subdivision (a) shall be made available for inspection or furnished
upon request to a representative of the body awarding the contract,
the Division of Labor Standards Enforcement, and the Division of
Apprenticeship Standards of the Department of Industrial Relations.
(3) A certified copy of all payroll records enumerated in
subdivision (a) shall be made available upon request by the public
for inspection or for copies thereof. However, a request by the
public shall be made through either the body awarding the contract,
the Division of Apprenticeship Standards, or the Division of Labor
Standards Enforcement. If the requested payroll records have not been
provided pursuant to paragraph (2), the requesting party shall,
prior to being provided the records, reimburse the costs of
preparation by the contractor, subcontractors, and the entity through
which the request was made. The public may not be given access to
the records at the principal office of the contractor.
(c) The certified payroll records shall be on forms provided by
the Division of Labor Standards Enforcement or shall contain the same
information as the forms provided by the division. The payroll
records may consist of printouts of payroll data that are maintained
as computer records, if the printouts contain the same information as
the forms provided by the division and the printouts are verified in
the manner specified in subdivision (a).
(d) A contractor or subcontractor shall file a certified copy of
the records enumerated in subdivision (a) with the entity that
requested the records within 10 days after receipt of a written
request.
(e) Any copy of records made available for inspection as copies
and furnished upon request to the public or any public agency by the
awarding body, the Division of Apprenticeship Standards, or the
Division of Labor Standards Enforcement shall be marked or
obliterated to prevent disclosure of an individual's name, address,
and social security number. The name and address of the contractor
awarded the contract or the subcontractor performing the contract
shall not be marked or obliterated. Any copy of records made
available for inspection by, or furnished to, a joint
labor-management committee established pursuant to the federal Labor
Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be
marked or obliterated only to prevent disclosure of an individual's
name and social security number. A joint labor management committee
may maintain an action in a court of competent jurisdiction against
an employer who fails to comply with Section 1774. The court may
award restitution to an employee for unpaid wages and may award the
joint labor management committee reasonable attorney's fees and costs
incurred in maintaining the action. An action under this subdivision
may not be based on the employer's misclassification of the craft of
a worker on its certified payroll records. Nothing in this
subdivision limits any other available remedies for a violation of
this chapter.
(f) The contractor shall inform the body awarding the contract of
the location of the records enumerated under subdivision (a),
including the street address, city, and county, and shall, within
five working days, provide a notice of a change of location and
address.
(g) The contractor or subcontractor has 10 days in which to comply
subsequent to receipt of a written notice requesting the records
enumerated in subdivision (a). In the event that the contractor or
subcontractor fails to comply within the 10-day period, he or she
shall, as a penalty to the state or political subdivision on whose
behalf the contract is made or awarded, forfeit twenty-five dollars
($25) for each calendar day, or portion thereof, for each worker,
until strict compliance is effectuated. Upon the request of the
Division of Apprenticeship Standards or the Division of Labor
Standards Enforcement, these penalties shall be withheld from
progress payments then due. A contractor is not subject to a penalty
assessment pursuant to this section due to the failure of a
subcontractor to comply with this section.
(h) The body awarding the contract shall cause to be inserted in
the contract stipulations to effectuate this section.
(i) The director shall adopt rules consistent with the California
Public Records Act (Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code) and the Information
Practices Act of 1977 (Title 1.8 (commencing with Section 1798) of
Part 4 of Division 3 of the Civil Code) governing the release of
these records, including the establishment of reasonable fees to be
charged for reproducing copies of records required by this section.
SEC. 3. Section 21669.6 of the Public
Utilities Code is amended to read:
21669.6. Hearings under this article required by the provisions
of Sections 21665, 21666, 21668, 21668.2, and
21669, or regulations adopted pursuant to such
those provisions, shall be conducted pursuant to Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2
of the Government Code.
SEC. 4. Section 24908 of the Public
Utilities Code is amended to read:
24908. (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. The board may, by ordinance or resolution,
provide for an adjustment to the monthly compensation based upon the
percentage increase in the California Consumer Price Index, as
calculated by the Department of Finance, for each calendar year
following the operative date of the last adjustment. The adjustment
shall not become effective until the next regular election of the
directors following the adoption of the ordinance or resolution.
(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 director may 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
directors meeting this attendance requirement, the amount of one
hundred dollars ($100) shall be deducted from the stipend for failure
to attend each meeting of a committee on which he or she serves that
month. In any month that a director fails to meet these attendance
requirements, that director 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 director who misses a
scheduled and noticed meeting of the board or committee while
attending to official district business pursuant to authorization
shall be deemed to have attended the meeting.
(d) The ordinance or resolution may provide for not more than two
excused absences during a calendar year without disqualifying the
director for a monthly stipend.
(e) In addition to the compensation otherwise provided 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.
Reimbursement for these expenses is subject to Sections 53232.2 and
53232.3 of the Government Code.
SEC. 5. Section 99221 of the Public
Utilities Code is amended to read:
99221. It is the intent of the Legislature to improve existing
public transportation services and encourage regional public
transportation coordination. The Legislature recognizes that in the
Southern California Rapid Transit District a unique factual situation
exists where several municipal bus systems are providing essential
local transportation services within the operating territory of the
district, which was created by the Legislature to provide areawide
coordinated public transportation services. Within the Southern
California Rapid Transit District, as with all transportation service
improvements in the County of Los Angeles, the Los Angeles County
Transportation Commission Metropolitan
Transportation Authority shall be the governmental entity
responsible to establish a unified or officially coordinated public
transportation system as part of the comprehensively planned
development of the urban area. Both the Southern California Rapid
Transit District and the included municipalities that operate bus
systems within the jurisdiction of the district are permitted to file
claims pursuant to this chapter upon the local transportation fund
of the County of Los Angeles; provided, however, any approved claim
shall not be allowed for the purpose of the establishment by the
included municipal operator after January 1, 1980, of new
transportation services that do not meet the criteria established by
the Los Angeles County Transportation Commission
Metropolitan Transportation Authority for the development
of new services. It is the intent of the Legislature that the
Southern California Rapid Transit District should not be inhibited in
its effort to improve transit services within the region by the
expansion outside the reserved service areas of the several municipal
bus systems of the involved municipalities. The policy of the
Legislature is that new services to meet public transportation needs
outside of the municipalities presently operating bus systems which
do not compete with, or divert patronage from, an existing operating
bus system of an included municipal applicant under Section 99280,
shall be provided and controlled by the Southern California Rapid
Transit District, in complete cooperation and coordination with the
Los Angeles County Transportation Commission
Metropolitan Transportation Authority , in its role as the
responsible public agency for providing public transportation systems
and facilities within the region.
SEC. 6. Section 99313.1 of the Public
Utilities Code is amended to read:
99313.1. (a) A transportation planning
agency, a county transportation commission, or the San Diego
Metropolitan Transit Development Board may transfer any funds
which that it receives pursuant to
Section 99313 to another transportation planning agency, county
transportation commission, or the San Diego Metropolitan Transit
Development Board. Any funds transferred pursuant to this section
shall be used only for the purposes authorized by this chapter and
are subject to all statutes and rules and regulations applicable to
funds allocated pursuant to Section 99313.
If
(b) If one transfer has been
completed between a transportation planning agency, a county
transportation commission, or the San Diego Metropolitian
Metropolitan Transit Development Board, pursuant
to this section, no other transfer may be made between the same
parties.
In
(c) In the event of a transfer of
funds to the Los Angeles County Transportation Commission
Metropolitan Transportation Authority pursuant
to this section, the amount of that transfer, if any, which exceeds
the amount of funds transferred at that time by the Los Angeles
County Transportation Commission Metropolitan
Transportation Authority to the transferring transportation
planning agency, county transportation commission, or the San Diego
Metropolitan Transit Development Board, may not be used for the
purpose of funding an exclusive public mass transit guideway system
project. The Los Angeles County Transportation Commission
Metropolitan Transportation Authority shall
report to the Senate Committee on Transportation and Housing
and the Assembly Committee on Transportation on the expenditure
of any funds received by it pursuant to a transfer made pursuant to
this section.
SEC. 2. SEC. 7. Section 132352.6 of
the Public Utilities Code is repealed.
SEC. 8. Section 132820 of the Public
Utilities Code is amended to read:
132820. The commission may do any of the following:
(a) Use up to 3 percent of the revenues in the local
transportation fund for the purpose of carrying out its planning
and programming responsibilities.
(b) Sue and be sued.
(c) Enter into contracts with qualified vendors to further the
purposes of the commission.
(d) Do any and all things necessary to carry out the purposes of
this division.
SEC. 9. Section 301 of the Streets and
Highways Code is amended to read:
301. Route 1 is from:
(a) Route 5 south of San Juan Capistrano to Route 101 near El Rio
. except for the portion of Route 1
relinquished:
(1) Within the city limits of the City of Dana Point between the
western edge of the San Juan Creek Bridge and Eastline Road at the
city limits of the City of Laguna Beach.
(2) Within the city limits of the City of Newport Beach between
Jamboree Road and Newport Coast Drive.
(b) Route 101 at Emma Wood State Beach, 1.3 miles north of Route
33, to Route 101, 2.8 miles south of the Ventura-Santa Barbara county
line at Mobil Pier Undercrossing.
(c) Route 101 near Las Cruces to Route 101 in Pismo Beach via the
vicinity of Lompoc, Vandenberg Air Force Base, and Guadalupe.
(d) Route 101 in San Luis Obispo to Route 280 south of San
Francisco along the coast via Cambria, San Simeon, and Santa Cruz.
(e) Route 280 near the south boundary of the City and County of
San Francisco to Route 101 near the approach to the Golden Gate
Bridge in San Francisco.
(f) Route 101 near the southerly end of Marin Peninsula to Route
101 near Leggett via the coast route through Jenner and Westport.
(g) (1) The commission may relinquish to the City of Dana Point,
the portion of Route 1 that is located within the city limits of that
city and is between the western edge of the San Juan Creek channel
overcrossing and the city limits of the City of Laguna Beach, upon
terms and conditions the commission finds to be in the best interests
of the state, if the commission and the city enter into an agreement
providing for that relinquishment.
(2) A relinquishment under this subdivision shall become effective
immediately following the county recorder's recordation of the
relinquishment resolution containing the commission's approval of the
terms and conditions of the relinquishment.
(3) On and after the effective date of the relinquishment, that
portion of Route 1 so relinquished shall cease to be a state highway.
(4) For portions of Route 1 that are relinquished under this
subdivision, the City of Dana Point shall maintain within its
jurisdiction signs directing motorists to the continuation of Route
1.
(g) The relinquished former portions of Route 1 within the City of
Dana Point and the City of Newport Beach are not state highways and
are not eligible for adoption under Section 81. For those
relinquished former portions of Route 1, the City of Dana Point and
the City of Newport Beach shall maintain within their respective
jurisdictions signs directing motorists to the continuation of Route
1. The City of Newport Beach shall ensure the continuity of traffic
flow on the relinquished portions of Route 1 within its jurisdiction,
including, but not limited to, any traffic signal progression.
(h) The commission may relinquish to the City of Oxnard the
portion of Route 1 that is located within the city limits of that
city and is between Pleasant Valley Road and Route 101, upon terms
and conditions the commission finds to be in the best interests of
the state, if the commission and the city enter into an agreement
providing for that relinquishment.
(1) A relinquishment under this subdivision shall become effective
immediately after the county recorder records the relinquishment
resolution that contains the commission's approval of the terms and
conditions of the relinquishment.
(2) On and after the effective date of the relinquishment, that
portion of Route 1 relinquished shall cease to be a state highway and
may not be considered for future adoption under Section 81.
(3) For portions of Route 1 relinquished under this subdivision,
the City of Oxnard shall maintain within its jurisdiction signs
directing motorists to the continuation of Route 1.
SEC. 10. Section 301.5 of the Streets
and Highways Code is repealed.
301.5. The commission may relinquish to the City of Newport Beach
the portion of Route 1 that is located between Jamboree Road and the
southern city limits of the City of Newport Beach, upon terms and
conditions the commission finds to be in the best interests of the
state.
(a) A relinquishment under this section shall become effective
immediately following the county recorder's recordation of the
relinquishment resolution containing the commission's approval of the
terms and conditions of the relinquishment.
(b) On and after the effective date of the relinquishment, both of
the following shall occur:
(1) The portion of Route 1 relinquished under this section shall
cease to be a state highway.
(2) The portion of Route 1 relinquished under this section shall
be ineligible for future adoption under Section 81.
(c) The City of Newport Beach shall ensure the continuity of
traffic flow on the relinquished portions of Route 1, including, but
not limited to, any traffic signal progression.
(d) For those portions of Route 1 that are relinquished, the City
of Newport Beach shall maintain within its jurisdiction signs
directing motorists to the continuation of Route 1.
SEC. 11. Section 302 of the Streets and
Highways Code is amended to read:
302. (a) Route 2 is from:
(1) The point where Santa Monica Boulevard crosses the city limits
of Santa Monica at Centinela Avenue to Route 101
Route 405 in Los Angeles , except the
relinquished portions described in subdivision (b) .
(2) The point where Santa Monica Boulevard crosses the city limits
of West Hollywood into the City of Los Angeles at La Brea Avenue to
Route 101 in Los Angeles.
(2)
(3) Route 101 in Los Angeles to Route 210 in La
Canada-Flintridge via Glendale.
(3)
(4) Route 210 in La Canada-Flintridge to Route 138 via
Wrightwood.
(b) Notwithstanding subdivision (a), the
The relinquished former portions of Route 2 within the
city limits Cities of West Hollywood
and , Santa Monica, and between Route
405 and Moreno Drive in Los Angeles, Beverly Hills,
and Los Angeles are not a state highway and
are not eligible for adoption under Section 81. Those cities shall
maintain signs within their respective jurisdictions directing
motorists to the continuation of Route 2.
(c) (1) Notwithstanding subdivision (a), the commission may
relinquish to the City of Beverly Hills the portion of Route 2 that
is located between the city's west city limit at Moreno Drive and the
city's east city limit at Doheny Drive, upon terms and conditions
the commission finds to be in the best interests of the state.
(2) A relinquishment under this subdivision shall become effective
immediately following the county recorder's recordation of the
relinquishment resolution containing the commission's approval of the
terms and conditions of the relinquishment.
(3) On and after the effective date of the relinquishment, both of
the following shall occur:
(A) The portion of Route 2 relinquished under this subdivision
shall cease to be a state highway.
(B) The portion of Route 2 relinquished under this subdivision
shall be ineligible for future adoption under Section 81.
(4) For the portions of Route 2 that are relinquished, the City of
Beverly Hills shall maintain within its jurisdiction signs directing
motorists to the continuation of Route 2.
(d)
(c) (1) Notwithstanding subdivision (a), the commission
may relinquish to the City of Los Angeles the conventional highway
portion of Route 2 that is located within the city limits of that
city, upon terms and conditions the commission finds to be in the
best interests of the state, including, but not limited to, a
condition that the City of Los Angeles maintain within its
jurisdiction signs directing motorists to the continuation of Route
2.
(2) A relinquishment under this subdivision shall become effective
immediately following the recording by the county recorder of the
relinquishment resolution containing the commission's approval of the
terms and conditions of the relinquishment.
(3) On and after the effective date of the relinquishment, both of
the following shall occur:
(A) The portion of Route 2 relinquished under this subdivision
shall cease to be a state highway.
(B) The portion of Route 2 relinquished under this subdivision may
not be considered for future adoption under Section 81.
(4) For the portions of Route 2 that are relinquished, the City of
Los Angeles shall maintain within its jurisdiction signs directing
motorists to the continuation of Route 2.
SEC. 12. Section 319 of the Streets and
Highways Code is amended to read:
319. (a) Route 19 is from Del Amo Boulevard near Long Beach to
Gardendale Street/Foster Road in the Cities of Bellflower and Downey
, and then, with an interruption of already relinquished
route, from Telegraph Road at the Downey City limit to Route 164
(Galatin Road) at the northerly city limit of Pico Rivera .
(b) If the commission determines it is in the state's best
interests to do so, it may do the following, pursuant to a
cooperative agreement between the city and the department:
(1) Relinquish to the City of Bellflower the portion of Route 19
between the city's southerly city limit near Rose Avenue and
Gardendale Street/Foster Road.
(2) Relinquish to the City of Downey the portion of Route 19
between the city's southerly city limit at Century Boulevard and
Gardendale Street.
(3) Relinquish to the City of Pico Rivera the portion of Route 19
between Telegraph Road and Gallatin Road.
(c) A relinquishment under this section shall become effective
when the county recorder records the relinquishment resolution
containing the commissioner's approval of the relinquishment's terms
and conditions.
(d) Any portion of Route 19 relinquished pursuant to this section
shall cease to be a state highway on the effective date of the
relinquishment.
(e) The relinquished former portions of Route 19 within the Cities
of Downey, Long Beach, and Pico Rivera are not state highways.
SEC. 13. Section 339 of the Streets and
Highways Code is amended to read:
339. Route 39 is from:
(a) Route 1 near Huntington Beach to Route 72 in La Habra via
Beach Boulevard.
(b) Beach Boulevard to Harbor Boulevard in La Habra via Whittier
Boulevard.
(c) Whittier Boulevard in La Habra to Route 2 via Harbor Boulevard
to the vicinity of Fullerton Road, then to Azusa Avenue, Azusa
Avenue to San Gabriel Canyon Road, San Gabriel Avenue southbound
between Azusa Avenue and San Gabriel Canyon Road, and San Gabriel
Canyon Road, other than the portion of the segment described by this
subdivision that is within the city limits of Azusa and
, Covina , and West Covina .
The relinquished former portions of Route 39 within the city
limits of Azusa and , Covina , and
West Covina are not a state
highway highways and are not eligible for
adoption under Section 81. For the relinquished former portions
of Route 39, t he Cities of Azusa, Covina, and West Covina
shall maintain within their respective jurisdictions signs directing
motorists to the continuation of Route 39.
(d) (1) Notwithstanding subdivision (c), the commission may
relinquish to the City of West Covina any portion of Route 39 that is
located within the city limits of West Covina, pursuant to the terms
of a cooperative agreement between the city and the department, upon
a determination by the commission that the relinquishment is in the
best interests of the state.
(2) A relinquishment under this subdivision shall become effective
immediately following the recordation by the county recorder of the
relinquishment resolution containing the commission's approval of the
terms and conditions of the relinquishment.
(3) On and after the effective date of the relinquishment, both of
the following shall apply:
(A) The portion of Route 39 relinquished under this subdivision
shall cease to be a state highway.
(B) The portion of Route 39 relinquished under this subdivision
may not be considered for future adoption under Section 81.
(4) For the portion of Route 39 relinquished under this
subdivision, the City of West Covina shall maintain within its
jurisdiction signs directing motorists to the continuation of Route
39.
SEC. 14. Section 366 of the Streets and
Highways Code is amended to read:
366. (a) Route 66 is from :
(1) Route 210 near San Dimas to
Route 215 in San Bernardino the Los Angeles-San
Bernardino County line at the western city limit of the City of
Upland .
(2) The eastern city limit of the City of Fontana near Maple
Avenue to Route 215 in San Bernardino.
(b) The relinquished former portions of Route 66 within the city
limits of Fontana, Rancho Cucamonga, and Upland are not state
highways and are not eligible for adoption under Section 81. For the
portions of Route 66 relinquished under this section, the Cities of
Fontana, Rancho Cucamonga, and Upland shall maintain within their
respective jurisdictions signs directing motorists to the
continuation of Route 66 and ensure the continuity of traffic flow on
the relinquished portions of Route 66, including any traffic signal
progression.
(b)
(c) (1) Notwithstanding subdivision (a), the commission
may relinquish to the City of Fontana, the City of Rancho
Cucamonga, the City of Rialto , and the City of
Upland the respective portion of Route
66 that is located within the city limits or the sphere of influence
of each city the C ity of Rialto
, upon terms and conditions the commission finds to be in the
best interests of the state.
(2) A relinquishment under this subdivision shall become effective
immediately following the recordation by the county recorder of the
relinquishment resolution containing the commission's approval of the
terms and conditions of the relinquishment.
(3) On and after the effective date of the relinquishment, both of
the following shall occur:
(A) The portion of Route 66 relinquished under this subdivision
shall cease to be a state highway.
(B) The portion of Route 66 relinquished under this subdivision
may not be considered for future adoption under Section 81.
(c)
(4) The city City of Rialto
shall ensure the continuity of traffic flow on the relinquished
portion of Route 66, including any traffic signal progression.
(d)
(5) For relinquished portions of Route 66, the
city City of Rialto shall maintain signs
directing motorists to the continuation of Route 66.
SEC. 15. Section 371 of the Streets and
Highways Code is amended to read:
371. Route 71 is from Route 210 57
to Route 91 via Pomona and Chino Hills.
SEC. 16. Section 372 of the Streets and
Highways Code is amended to read:
372. Route 72 is from Route 39 to Atlantic Boulevard
near the City of Los Angeles Route 605 in Whittier
, except as follows:
(a) Route 72 shall cease to be a state highway when Route 90
freeway is completed from Route 5 to Route 39.
(b) Notwithstanding subdivision (a), any portion of Route 72 from
Route 605 to Atlantic Boulevard shall cease to be a state highway
when the County of Los Angeles, the City of Montebello, and the City
of Pico Rivera complete the reconstruction of their respective
portions of Whittier Boulevard approximately between these two
limits.
(b) The relinquished former portions of Route 72 within the City
of Montebello, the City of Pico Rivera, and the County of Los Angeles
are not state highways
SEC. 17. Section 374 of the Streets and
Highways Code is amended to read:
374. (a) Route 74 is from:
(1) Route 5 near San Juan Capistrano to Route 15 near Lake
Elsinore.
(2) Route 15 near Lake Elsinore to Route 215 near Perris.
(3) Route 215 near Perris to Route 10 near Thousand Palms
via Hemet and Palm Desert the southern city limit of
Palm Desert .
(b) (1) The commission may relinquish to the City of Palm Desert
the portion of Route 74 that is located within the city limits of
that city, upon terms and conditions the commission finds to be in
the best interests of the state, if the department and the city enter
into an agreement providing for that relinquishment.
(2) A relinquishment under this subdivision shall become effective
immediately following the county recorder's recordation of the
relinquishment resolution containing the commission's approval of the
terms and conditions of the relinquishment.
(3) On and after the effective date of the relinquishment, the
relinquished portion of Route 74 shall cease to be a state highway.
(4) The portion of Route 74 relinquished under this subdivision
shall be ineligible for future adoption under Section 81.
(5) For the portion of Route 74 that is relinquished under this
subdivision, the City of Palm Desert shall maintain within its
jurisdiction signs directing motorists to the continuation of Route
74.
(4) Highway 111 in Palm Desert to Route 10 near Thousand Palms.
(b) The relinquished former portion of Route 74 within the City of
Palm Desert is not a state highway and is not eligible for adoption
under Section 81. For the relinquished former portion of Route 74,
the City of Palm Desert shall maintain within its jurisdiction signs
directing motorists to the continuation of Route 74.
(c) (1) The commission may relinquish to the City of Lake Elsinore
the portion of Route 74 located within the city limits of that city,
upon terms and conditions the commission finds to be in the best
interests of the state.
(2) Any relinquishment agreement shall require that the City of
Lake Elsinore administer the operation and maintenance of the highway
in a manner consistent with professional traffic engineering
standards.
(3) Any relinquishment agreement shall require the City of Lake
Elsinore to ensure that appropriate traffic studies or analyses will
be performed to substantiate any decisions affecting the highway.
(4) Any relinquishment agreement shall also require the City of
Lake Elsinore to provide for public notice and the consideration of
public input on the proximate effects of any proposed decision on
traffic flow, residences, or businesses, other than a decision on
routine maintenance.
(5) Notwithstanding any of its other terms, any relinquishment
agreement shall require the City of Lake Elsinore to indemnify and
hold the department harmless from any liability for any claims made
or damages suffered by any person, including a public entity, as a
result of any decision made or action taken by the City of Lake
Elsinore, its officers, employees, contractors, or agents, with
respect to the design, maintenance, construction, or operation of
that portion of Route 74 that is to be relinquished to the city.
(6) A relinquishment under this subdivision shall become effective
immediately after the county recorder records the relinquishment
resolution that contains the commission's approval of the terms and
conditions of the relinquishment.
(7) On and after the effective date of the relinquishment, both of
the following shall occur:
(A) The portion of Route 74 relinquished shall cease to be a state
highway.
(B) The portion of Route 74 relinquished may not be considered for
future adoption under Section 81.
(8) The City of Lake Elsinore shall ensure the continuity of
traffic flow on the relinquished portion of Route 74, including any
traffic signal progression.
(9) For relinquished portions of Route 74, the City of Lake
Elsinore shall maintain signs directing motorists to the continuation
of Route 74.
(d) (1) The commission may relinquish to the City of Perris the
portion of Route 74 located within the city limits of that city
between Seventh Street and Redlands Avenue, upon terms and conditions
the commission finds to be in the best interests of the state.
(2) Any relinquishment agreement shall require that the City of
Perris administer the operation and maintenance of the highway in a
manner consistent with professional traffic engineering standards.
(3) Any relinquishment agreement shall require the City of Perris
to ensure that appropriate traffic studies or analyses will be
performed to substantiate any decisions affecting the highway.
(4) Any relinquishment agreement shall also require the City of
Perris to provide for public notice and the consideration of public
input on the proximate effects of any proposed decision on traffic
flow, residences, or businesses, other than a decision on routine
maintenance.
(5) Notwithstanding any of its other terms, any relinquishment
agreement shall require the City of Perris to indemnify and hold the
department harmless from any liability for any claims made or damages
suffered by any person, including a public entity, as a result of
any decision made or action taken by the City of Perris, its
officers, employees, contractors, or agents, with respect to the
design, maintenance, construction, or operation of that portion of
Route 74 that is to be relinquished to the city.
(6) A relinquishment under this subdivision shall become effective
immediately after the county recorder records the relinquishment
resolution that contains the commission's approval of the terms and
conditions of the relinquishment.
(7) On and after the effective date of the relinquishment, both of
the following shall occur:
(A) The portion of Route 74 relinquished shall cease to be a state
highway.
(B) The portion of Route 74 relinquished may not be considered for
future adoption under Section 81.
(8) The City of Perris shall ensure the continuity of traffic flow
on the relinquished portion of Route 74, including any traffic
signal progression.
(9) For relinquished portions of Route 74, the City of Perris
shall maintain signs directing motorists to the continuation of Route
74.
SEC. 18. Section 379 of the Streets and
Highways Code is amended to read:
379. (a) Route 79 is from:
(1) Route 8 near Descanso to Route 78 near Julian.
(2) Route 78 near Santa Ysabel to the Temecula city limits east of
Butterfield Stage Road.
(3) Temecula city limits south of Murrieta Hot Springs Road to
Route 74 near Hemet.
(4) Route 74 near Hemet to Route 10 near Beaumont
the San Jacinto city limit near Menlo Avenue .
(5) The San Jacinto city limit near Sanderson Avenue to Route 10
near Beaumont.
(b) (1) Notwithstanding subdivision (a), the commission may
relinquish to the City of Temecula the portion of Route 79 located
within Temecula's city limits, upon terms and conditions the
commission finds to be in the best interest of the state.
(2) Any relinquishment agreement shall require that the City of
Temecula administer the operation and maintenance of the highways in
a manner consistent with professional traffic engineering standards.
(3) Any relinquishment agreement shall require the City of
Temecula to ensure that appropriate traffic studies or analysis will
be performed to substantiate any decisions affecting the highways.
(4) Any relinquishment agreement shall also require the City of
Temecula to provide for public notice and the consideration of public
input on the proximate effects of any proposed decision on traffic
flow, residences, or businesses, other than a decision on routine
maintenance.
(5) Notwithstanding any of its other terms, any relinquishment
agreement shall require the City of Temecula to indemnify and hold
the department harmless from any liability for any claims made or
damages suffered by any person, including a public entity, as a
result of any decision made or damages suffered by any person,
including a public entity, as a result of any decision made or action
taken by the City of Temecula, its officers, employees, contractors,
or agent, with respect to the design, maintenance, construction, or
operation of that portion of Route 79 that is to be relinquished to
the city.
(6) Any relinquishment shall become effective immediately after
the county recorder records the relinquishment resolution that
contains the commission's approval of the terms and conditions of the
relinquishment.
(7) On and after the effective date of the relinquishment, both of
the following shall occur:
(A) The portion of Route 79 relinquished shall cease to be a state
highway.
(B) The portion of Route 79 relinquished may not be considered for
future adoption under Section 81.
(8) The City of Temecula shall ensure the continuity of traffic
flow on the relinquished portion of Route 79, including any traffic
signal progression.
(9) For relinquished portions of Route 79, the City of Temecula
shall maintain signs directing motorists to the continuation of Route
79.
(c) (1) Notwithstanding subdivision (a), the commission may
relinquish to the City of San Jacinto the portion of Route 79 that is
located within the city limits of that city, upon terms and
conditions the commission finds to be in the best interests of the
state, if the department and the city enter into an agreement
providing for that relinquishment.
(2) A relinquishment under this subdivision shall become effective
immediately following the county recorder's recordation of the
relinquishment resolution containing the commission's approval of the
terms and conditions of the relinquishment.
(3) On and after the effective date of the relinquishment, the
relinquished portion of Route 79 shall cease to be a state highway.
(4) The portion of Route 79 relinquished under this subdivision
shall be ineligible for future adoption under Section 81.
(5) For the portion of Route 79 that is relinquished under this
subdivision, the City of San Jacinto shall maintain within its
jurisdiction signs directing motorists to the continuation of Route
79.
(b) The relinquished former portions of Route 79 within the City
of Temecula and the City of San Jacinto are not state highways and
are not eligible for adoption under Section 81. For the relinquished
former portions of Route 79, the City of Temecula and the City of San
Jacinto shall maintain within their respective jurisdictions signs
directing motorists to the continuation of Route 79. The City of
Temecula shall ensure the continuity of traffic flow on the
relinquished former portions of Route 79 within its jurisdiction,
including any traffic signal progression.
(d)
(c) (1) Notwithstanding subdivision (a), the
commission may relinquish to the City of Hemet the portion of Route
79 that is located within the city limits of that city, upon terms
and conditions the commission finds to be in the best interests of
the state, if the department and the city enter into an agreement
providing for that relinquishment.
(2) A relinquishment under this subdivision shall become effective
immediately following the county recorder's recordation of the
relinquishment resolution containing the commission's approval of the
terms and conditions of the relinquishment.
(3) On and after the effective date of the relinquishment, the
relinquished portion of Route 79 shall cease to be a state highway.
(4) The portion of Route 79 relinquished under this subdivision
shall be ineligible for future adoption under Section 81.
(5) For the portion of Route 79 that is relinquished under this
subdivision, the City of Hemet shall maintain within its jurisdiction
signs directing motorists to the continuation of Route 79.
SEC. 19. Section 383 of the Streets and
Highways Code is amended to read:
383. (a) Route 83 is from Route 71 to Route 210
10 near Upland.
(b) (1) Notwithstanding subdivision (a), the commission may
relinquish to the City of Upland the portion of Route 83 that is
located within the city limits or the sphere of influence of the
city, upon terms and conditions that the commission finds to be in
the best interests of the state.
(2) A relinquishment under this subdivision shall become effective
immediately following the recordation by the county recorder of the
relinquishment resolution containing the commission's approval of the
terms and conditions of the relinquishment.
(3) On and after the effective date of the relinquishment, both of
the following shall occur:
(A) The portion of Route 83 relinquished under this subdivision
shall cease to be a state highway.
(B) The portion of Route 83 relinquished under this subdivision
may not be considered for future adoption under Section 81.
(c) The city shall ensure the continuity of traffic flow on the
relinquished portion of Route 83, including any traffic signal
progression.
(d) For relinquished portions of Route 83, the city shall maintain
signs directing motorists to the continuation of Route 83.
(b) The relinquished former portion of Route 83 within the City of
Upland is not a state highway and is not eligible for adoption under
Section 81. For the relinquished former portion of Route 83, the
City of Upland shall ensure the continuity of traffic flow, including
any traffic signal progression, and maintain signs directing
motorists to the continuation of Route 83.
SEC. 20. Section 384 of the Streets and
Highways Code is amended to read:
384. (a) Route 84 is from:
(1) Route 1 near San Gregorio to Route 101 at Woodside Road in
Redwood City.
(2) Route 101 at Marsh Road in Menlo Park to Route 880.
(3) Route 880 to Route 238.
(4) Route 238 to Route 680 near Scotts Corners via the vicinity of
Sunol.
(5) Route 680 near Scotts Corners to Route 580 in Livermore.
(6) Route 580 in Livermore to Route 4 near Brentwood.
(7) Route 12 at Rio Vista to Route 80 near Bryte via Ryer
Island the southerly city limit of the City of
West Sacramento .
(b) The commission may relinquish the portion of Route 84 within
the City of West Sacramento to that city upon terms and conditions
that the commission finds to be in the best interests of the state.
(c) The relinquishment shall become effective the day immediately
following the day the county recorder records the relinquishment
resolution containing the commission's approval of the terms and
conditions of the relinquishment.
(d) On and after the effective date of the relinquishment, all of
the following shall occur:
(1) The relinquished portion shall cease to be a state highway.
(2) The relinquished portion may not be considered for future
adoption under Section 81.
(3) For those portions of Route 84 that are relinquished, the City
of West Sacramento shall agree to maintain signs within its
jurisdiction directing motorists to the continuation of Route 84 as a
condition of the relinquishment.
(4) Upon relinquishment of a portion of Route 84 to the City of
West Sacramento, the last segment of Route 84 shall be defined as
Route 12 at Rio Vista to the southerly city limit of the City of West
Sacramento.
(b) The relinquished former portion of Route 84 within the City of
West Sacramento is not a state highway and is not eligible for
adoption under Section 81. For the relinquished former portion of
Route 84, the City of West Sacramento shall maintain signs within its
jurisdictions directing motorists to the continuation of Route 84.
SEC. 21. Section 411 of the Streets and
Highways Code is amended to read:
411. (a) Route 111 is from:
(1) The international border south of Calexico to Route 78 near
Brawley, passing east of Heber.
(2) Route 78 near Brawley to Route 86 via the north shore of the
Salton Sea.
(3) Route 10 near Indio to the southeastern city limits of Rancho
Mirage.
(4)
(3) The western city limits of Cathedral City to Route
10 near Whitewater.
(b) (1) The commission may relinquish to the Cities of Indian
Wells, Indio, La Quinta, and Palm Desert the respective portions of
Route 111 that are located within the city limits of those cities,
upon terms and conditions the commission finds to be in the best
interests of the state, if the department and the applicable city
enter into an agreement providing for that relinquishment.
(2) A relinquishment under this subdivision shall become effective
immediately following the county recorder's recordation of the
relinquishment resolution containing the commission's approval of the
terms and conditions of the relinquishment.
(3) On and after the effective date of the relinquishment, the
relinquished portions of Route 111 shall cease to be a state highway.
(4) The portions of Route 111 relinquished under this subdivision
shall be ineligible for future adoption under Section 81.
(5) For the portions of Route 111 that are relinquished under this
subdivision, the Cities of Indian Wells, Indio, La Quinta, and Palm
Desert, as applicable, shall maintain within their respective
jurisdiction signs directing motorists to the continuation of Route
111.
(c)
(b) The relinquished former portions of Route 111
within the Cities of Cathedral City , Indian Wells, Indio, La
Quinta, Palm Desert, and Rancho Mirage are not a
state highway highways and
are not eligible for adoption under Section 81. The Cities of
Indian Wells, Indio, La Quinta, and Palm Desert, as applicable, shall
maintain within their respective jurisdictions signs directing
motorists to the continuation of Route 111.
SEC. 22. Section 444 of the Streets and
Highways Code is amended to read:
444. (a) Route 144 is from Route 101
Alameda Padre Serra in Santa Barbara to Route 192 via Sycamore
Canyon Road .
(b) 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 Route 144 to the City of Santa
Barbara, if the city has agreed to accept it. The relinquishment
shall be effective on the day immediately following the commission's
approval of the terms and conditions.
(c) This section shall remain in effect only until the date the
relinquishment authorized under subdivision (b) becomes effective,
and as of that date is repealed, unless a later enacted statute,
which is enacted on or before that date, deletes or extends that
date.
(d) The relinquished former portion of Route 144 in the City of
Santa Barbara between Route 101 and Alameda Padre Serra is no longer
a state highway.
SEC. 23. Section 451 of the Streets and
Highways Code is amended to read:
451. Route 151 is from Shasta Dam to Route 5 near
Project City the City of Shasta Lake .
SEC. 24. Section 460 of the Streets and
Highways Code is amended to read:
460. (a) Route 160 is from :
(1) Route 4 near Antioch to the southern
city limits of Sacramento.
(2) The American River in the City of Sacramento to Route 51.
(b) The relinquished former portion of Route 160 within the City
of Sacramento is not a state highway and is not eligible for adoption
under Section 81.
SEC. 25. Section 464 of the Streets and
Highways Code is amended to read:
464. (a) Route 164 is Rosemead Boulevard from:
(1) Gallatin Road near Pico Rivera to the northern city
limit of Temple City in the vicinity of Callita Street and Sultana
Avenue southern city limit of Temple City in the
vicinity of Grand Avenue .
(2) The northern city limit of Temple City in the vicinity of
Callita Street and Sultana Avenue to the southern city limit of the
City of Pasadena.
(b) (1) Notwithstanding subdivision (a), the commission may
relinquish to the County of Los Angeles that portion of Route 164
described in paragraph (2) of subdivision (a), pursuant to the terms
of a cooperative agreement between the county and the department,
upon a determination by the commission that the relinquishment is in
the best interests of the state.
(2) A relinquishment under this subdivision shall become effective
immediately following the recordation by the county recorder of the
relinquishment resolution containing the commission's approval of the
terms and conditions of the relinquishment.
(3) On and after the effective date of the relinquishment, both of
the following shall apply:
(A) The portion of Route 164 relinquished under this subdivision
shall cease to be a state highway.
(B) The portion of Route 164 relinquished under this
subdivision shall not be considered for future adoption under Section
81.
(4) For the portion of Route 164 that is relinquished under this
subdivision, the County of Los Angeles shall maintain within its
jurisdiction signs directing motorists to the continuation of Route
164.
(c) (1) Notwithstanding subdivision (a), the commission may
relinquish to the City of Temple City the portion of Route 164
located within the city limits of that city pursuant to the terms of
a cooperative agreement between the city and the department, upon a
determination by the commission that the relinquishment is in the
best interests of the state.
(2) A relinquishment under this subdivision shall become effective
immediately following the recordation by the county recorder of the
relinquishment resolution containing the commission's approval of the
terms and conditions of the relinquishment.
(3) On and after the effective date of the relinquishment, both of
the following shall apply:
(A) The portion of Route 164 relinquished under this subdivision
shall cease to be a state highway.
(B) The portion of Route 164 relinquished under this subdivision
shall not be considered for future adoption under Section 81.
(4) For the portion of Route 164 that is relinquished under this
subdivision, the City of Temple City shall maintain within its
jurisdiction signs directing motorists to the continuation of Route
164.
(2) Route 210 to Foothill Boulevard in the City of Pasadena.
(b) The relinquished former portions of Route 164 within the
County of Los Angeles and the City of Temple City are not state
highways and are not eligible for adoption under Section 81. For the
relinquished former portions of Route 164, the County of Los Angeles
and the City of Temple City shall maintain within their respective
jurisdictions signs directing motorists to the continuation of Route
164.
SEC. 26. Section 470 of the Streets and
Highways Code is amended to read:
470. (a) Route 170 is from:
(1) Los Angeles International Airport to Route 90.
(2) Route 2 to Route 101 in Los Angeles.
(3)
(2) Route 101 near Riverside Drive to Route 5 near
Tujunga Wash.
(b) (1) Notwithstanding subdivision (a), the commission may
relinquish to the City of Los Angeles the portion of Route 170 that
is described in paragraph (2) of subdivision (a), pursuant to the
terms of a cooperative agreement between the city and the department,
upon a determination by the commission that the relinquishment is in
the best interests of the state.
(2) A relinquishment under this subdivision shall become effective
immediately following the recordation by the county recorder of the
relinquishment resolution containing the commission's approval of the
terms and conditions of the relinquishment.
(3) On and after the effective date of the relinquishment, both of
the following shall apply:
(A) The portion of Route 170 relinquished under this subdivision
shall cease to be a state highway.
(B) The portion of Route 170 relinquished under this subdivision
may not be considered for future adoption under Section 81.
(b) The relinquished former portion of Route 170 within the City
of Los Angeles between Route 2 and Route 101 is not a state highway
and is not eligible for adoption under Section 81.
SEC. 27. Section 560 of the Streets and
Highways Code is amended to read:
560. (a) Route 260 is from Route 61
Atlantic Avenue in Alameda to Route 880 in Oakland near Seventh
and Harrison Streets.
(b) (1) The commission may relinquish to the City of Alameda the
portion of Route 260 that is located within the city limits of that
city and that is between Atlantic Avenue and Central Avenue, upon the
terms and conditions the commission finds to be in the best
interests of the state, if the department and the city enter into an
agreement providing for that relinquishment.
(2) A relinquishment under this subdivision shall become effective
immediately following the recordation by the county recorder of the
relinquishment resolution containing the commission's approval of the
terms and conditions of the relinquishment.
(3) On and after the effective date of the relinquishment, the
relinquished portion of Route 260 shall cease to be a state highway.
(4) For the portion of Route 260 that is relinquished under this
subdivision, the City of Alameda shall maintain within its
jurisdiction signs directing motorists to the continuation of Route
260.
(b) The relinquished former portion of Route 260 within the City
of Alameda between Central Avenue and Atlantic Avenue is not a state
highway. For this relinquished former portion of Route 260, the City
of Alameda shall maintain within its jurisdiction signs directing
motorists to the continuation of Route 260.
SEC. 28. Section 575 is added to the
Streets and Highways Code , to read:
575. Route 275 is the Tower Bridge from the west side of the
Sacramento River near the City of West Sacramento the east side of
the Sacramento River near the City of Sacramento.
SEC. 3. SEC. 29. Section 667 is
added to the Vehicle Code, to read:
667. (a) A "utility trailer" is a trailer or semitrailer used
solely for the transportation of the user's personal property, not in
commerce, which does not exceed a gross weight of 10,000 pounds or a
manufacturer's gross vehicle weight rating of 10,000 pounds.
(b) Notwithstanding subdivision (a), a "utility trailer" includes
a trailer or semitrailer designed and used for the transportation of
livestock, not in commerce, which does not exceed a gross weight of
10,000 pounds or a manufacturer's gross vehicle weight rating of
10,000 pounds.
SEC. 4. SEC. 30. Section 1808.1 of
the Vehicle Code is amended to read:
1808.1. (a) The prospective employer of a driver who drives a
vehicle specified in subdivision (k) shall obtain a report showing
the driver's current public record as recorded by the department. For
purposes of this subdivision, a report is current if it was issued
less than 30 days prior to the date the employer employs the driver.
The report shall be reviewed, signed, and dated by the employer and
maintained at the employer's place of business until receipt of the
pull-notice system report pursuant to subdivisions (b) and (c). These
reports shall be presented upon request to an authorized
representative of the Department of the California Highway Patrol
during regular business hours.
(b) The employer of a driver who drives a vehicle specified in
subdivision (k) shall participate in a pull-notice system, which is a
process for the purpose of providing the employer with a report
showing the driver's current public record as recorded by the
department, and any subsequent convictions, failures to appear,
accidents, driver's license suspensions, driver's license
revocations, or any other actions taken against the driving privilege
or certificate, added to the driver's record while the employer's
notification request remains valid and uncancelled
uncanceled . As used in this section, participation in
the pull-notice system means obtaining a requester code and enrolling
all employed drivers who drive a vehicle specified in subdivision
(k) under that requester code.
(c) The employer of a driver of a vehicle specified in subdivision
(k) shall, additionally, obtain a periodic report from the
department at least every 12 months. The employer shall verify that
each employee's driver's license has not been suspended or revoked,
the employee's traffic violation point count, and whether the
employee has been convicted of a violation of Section 23152 or 23153.
The report shall be signed and dated by the employer and maintained
at the employer's principal place of business. The report shall be
presented upon demand to an authorized representative of the
Department of the California Highway Patrol during regular business
hours.
(d) Upon the termination of a driver's employment, the employer
shall notify the department to discontinue the driver's enrollment in
the pull-notice system.
(e) For purposes of the pull-notice system and periodic report
process required by subdivisions (b) and (c), an owner, other than an
owner-operator as defined in Section 34624, and an employer who
drives a vehicle described in subdivision (k) shall be enrolled as if
he or she were an employee. A family member and a volunteer driver
who drives a vehicle described in subdivision (k) shall also be
enrolled as if he or she were an employee.
(f) An employer who, after receiving a driving record pursuant to
this section, employs or continues to employ as a driver a person
against whom a disqualifying action has been taken regarding his or
her driving privilege or required driver's certificate, is guilty of
a public offense, and upon conviction thereof, shall be punished by
confinement in a county jail for not more than six months, by a fine
of not more than one thousand dollars ($1,000), or by both that
confinement and fine.
(g) As part of its inspection of bus maintenance facilities and
terminals required at least once every 13 months pursuant to
subdivision (c) of Section 34501, the Department of the California
Highway Patrol shall determine whether each transit operator, as
defined in Section 99210 of the Public Utilities Code, is then in
compliance with this section and Section 12804.6, and shall certify
each operator found to be in compliance. Funds shall not be allocated
pursuant to Chapter 4 (commencing with Section 99200) of Part 11 of
Division 10 of the Public Utilities Code to a transit operator that
the Department of the California Highway Patrol has not certified
pursuant to this section.
(h) A request to participate in the pull-notice system established
by this section shall be accompanied by a fee determined by the
department to be sufficient to defray the entire actual cost to the
department for the notification service. For the receipt of
subsequent reports, the employer shall also be charged a fee
established by the department pursuant to Section 1811. An employer
that qualifies pursuant to Section 1812 shall be exempt from any fee
required pursuant to this section. Failure to pay the fee shall
result in automatic cancellation of the employer's participation in
the notification services.
(i) The department, as soon as feasible, may establish an
automatic procedure to provide the periodic reports to an employer by
mail or via an electronic delivery method, as required by
subdivision (c), on a regular basis without the need for individual
requests.
(j) (1) The employer of a driver who is employed as a casual
driver is not required to enter that driver's name in the pull-notice
system, as otherwise required by subdivision (a). However, the
employer of a casual driver shall be in possession of a report of the
driver's current public record as recorded by the department, prior
to allowing a casual driver to drive a vehicle specified in
subdivision (k). A report is current if it was issued less than six
months prior to the date the employer employs the driver.
(2) For purposes of this subdivision, a driver is employed as a
casual driver when the employer has employed the driver less than 30
days during the preceding six months. "Casual driver" does not
include a driver who operates a vehicle that requires a passenger
transportation endorsement.
(k) This section applies to a vehicle for the operation of which
the driver is required to have a class A or class B driver's license,
a class C license with a hazardous materials endorsement, a class C
license issued pursuant to Section 12814.7, or a certificate issued
pursuant to Section 12517, 12519, 12520, 12523, 12523.5, or 12527, or
a passenger vehicle having a seating capacity of not more than 10
persons, including the driver, operated for compensation by a
charter-party carrier of passengers or passenger stage corporation
pursuant to a certificate of public convenience and necessity or a
permit issued by the Public Utilities Commission.
(l) This section shall not be construed to change the definition
of "employer," "employee," or "independent contractor" for any
purpose.
(m) A motor carrier who contracts with a person to drive a vehicle
described in subdivision (k) that is owned by, or leased to, that
motor carrier, shall be subject to subdivisions (a), (b), (c), (d),
(f), (j), (k), and ( l ) and the employer obligations in
those subdivisions.
SEC. 5. SEC. 31. Section 2800 of the
Vehicle Code is amended to read:
2800. (a) It is unlawful to willfully fail or refuse to comply
with a lawful order, signal, or direction of a 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 pursuant to any of the provisions of this code,
or to refuse to submit to a lawful inspection pursuant to this code.
(b) Except as authorized pursuant to Section 24004, it is unlawful
to fail or refuse to comply with a lawful out-of-service order
issued by an authorized employee of the Department of the California
Highway Patrol or by an authorized enforcement officer as described
in subdivision (d).
(c) It is unlawful to fail or refuse to comply with a lawful
out-of-service order issued by the United States Secretary of the
Department of Transportation.
(d) "Out-of-Service order" means a declaration by an authorized
enforcement officer of a federal, state, Canadian, Mexican, or local
jurisdiction that a driver, a commercial motor vehicle, or a motor
carrier operation is out-of-service pursuant to Sections
Section 386.72, 392.5, 392.9a, 395.13, or 396.9
of Title 49 of the Code of Federal Regulations, state law, or the
North American Standard Out-of-Service Criteria.
SEC. 6. Section 2804 of the Vehicle Code is
amended to read:
2804. (a) A member of the California Highway Patrol upon
reasonable belief that a vehicle is being operated in violation of
any provisions of this code or is in an unsafe condition that will
endanger a person, may require the driver of the vehicle to stop and
submit to an inspection of the vehicle, and its equipment, license
plates, and registration card.
(b) A driver of a commercial motor vehicle stopped pursuant to
subdivision (a), shall, upon demand, present his or her driver's
license and registration or cab card issued for the vehicle and shall
submit to a complete inspection of the driver and the commercial
motor vehicle, including, but not limited to, the size, weight,
equipment, smoke emissions, interior, cargo, license plates, and any
other paper or document required by federal or state law to be in the
driver's possession to determine compliance with commercial motor
vehicle laws, rules, and regulations.
SEC. 7. Section 2813 of the Vehicle Code is
amended to read:
2813. (a) A driver of a commercial vehicle shall stop at a
location where members of the California Highway Patrol are
conducting tests and inspections of commercial vehicles and when
signs are displayed requiring the stop.
(b) A driver of a commercial motor vehicle stopped pursuant to
subdivision (a), shall, upon demand, present his or her driver's
license and registration or cab card issued for the vehicle and shall
submit to a complete inspection of the driver and the commercial
motor vehicle, including, but not limited to, the size, weight,
equipment, smoke emissions, interior, cargo, license plates, and any
other paper or document required by federal or state law to be in the
driver's possession to determine compliance with commercial motor
vehicle laws, rules, and regulations. A driver who fails or refuses
to stop and submit to an inspection when signs are displayed
requiring that stop is guilty of a misdemeanor.
SEC. 8. SEC. 32. Section 5201 of the
Vehicle Code is amended to read:
5201. License plates shall at all times be securely fastened to
the vehicle for which they are issued so as to prevent the plates
from swinging, shall be mounted in a position so as to be clearly
visible, parallel with the ground so that the characters are upright,
and shall be maintained in a condition so as to be clearly legible.
The rear license plate shall be mounted not less than 12 inches nor
more than 60 inches from the ground, and the front license plate
shall be mounted not more than 60 inches from the ground, except as
follows:
(a) The rear license plate on a tow truck or repossessor's tow
vehicle may be mounted on the left-hand side of the mast assembly at
the rear of the cab of the vehicle, not less than 12 inches nor more
than 90 inches from the ground.
(b) The rear license plate on a tank vehicle hauling hazardous
waste, as defined in Section 25117 of the Health and Safety Code, or
asphalt material may be mounted not less than 12 inches nor more than
90 inches from the ground.
(c) The rear license plate on a truck tractor may be mounted at
the rear of the cab of the vehicle, but not less than 12 inches nor
more than 90 inches from the ground.
(d) The rear license plate of a vehicle designed by the
manufacturer for the collection and transportation of garbage,
rubbish, or refuse that is used regularly for the collection and
transportation of that material by a person or governmental entity
employed to collect, transport, and dispose of garbage, rubbish, or
refuse may be mounted not less than 12 inches nor more than 90 inches
from the ground.
(e) The rear license plate on a two-axle livestock trailer may be
mounted 12 inches or more, but not more than 90 inches, from the
ground.
(f) A covering shall not be used on license plates except as
follows:
(1) The installation of a cover over a lawfully parked vehicle to
protect it from the weather and the elements does not constitute a
violation of this subdivision. A peace officer or other regularly
salaried employee of a public agency designated to enforce laws,
including local ordinances, relating to the parking of vehicles may
temporarily remove so much of the cover as is necessary to inspect
any license plate, tab, or indicia of registration on a vehicle.
(2) The installation of a license plate security cover is not a
violation of this subdivision if the device does not obstruct or
impair the recognition of the license plate information, including,
but not limited to, the issuing state, license plate number, and
registration tabs, and the cover is limited to the area directly over
the top of the registration tabs. No portion of a license plate
security cover shall rest over the license plate number.
(g) A casing, shield, frame, border, product, or other device that
obstructs or impairs the reading or recognition of a license plate
by an electronic device operated by state or local law enforcement,
an electronic device operated in connection with a toll road,
high-occupancy toll lane, toll bridge, or other toll facility, or a
remote emission sensing device, as specified in Sections 44081 and
44081.6 of the Health and Safety Code, shall not be installed on, or
affixed to, a vehicle.
(h) (1) It is the intent of the Legislature that an accommodation
be made to persons with disabilities and to those persons who
regularly transport persons with disabilities, to allow the removal
and relocation of wheelchair lifts and wheelchair carriers without
the necessity of removing and reattaching the vehicle's rear license
plate. Therefore, it is not a violation of this section if the
reading or recognition of a rear license plate is obstructed or
impaired by a wheelchair lift or wheelchair carrier and all of the
following requirements are met:
(A) The owner of the vehicle has been issued a special
identification license plate pursuant to Section 5007, or the person
using the wheelchair that is carried on the vehicle has been issued a
distinguishing placard under Section 22511.55.
(B) (i) The operator of the vehicle displays a decal, designed and
issued by the department, that contains the license plate number
assigned to the vehicle transporting the wheelchair.
(ii) The decal is displayed on the rear window of the vehicle, in
a location determined by the department, in consultation with the
Department of the California Highway Patrol, so as to be clearly
visible to law enforcement.
(2) Notwithstanding any other law, if a decal is displayed
pursuant to this subdivision, the requirements of this code that
require the illumination of the license plate and the license plate
number do not apply.
(3) The department shall adopt regulations governing the
procedures for accepting and approving applications for decals, and
issuing decals, authorized by this subdivision.
(4) This subdivision does not apply to a front license plate.
SEC. 9. SEC. 33. Section 14611 of
the Vehicle Code is amended to read:
14611. (a) A person shall not knowingly direct the operation of a
vehicle transporting a highway route controlled quantity of Class 7
radioactive materials, as defined in Section 173.403 of Title 49 of
the Code of Federal Regulations, by a person who does not possess a
training certificate pursuant to subdivision (b) of Section 12524 and
a valid driver's license of the appropriate class.
(b) A person convicted under this section shall be punished by a
fine of not less than five thousand dollars ($5,000) nor more than
ten thousand dollars ($10,000).
SEC. 34. Section 21754 of the Vehicle
Code is amended to read:
21754. The driver of a motor vehicle may
overtake and pass to the right of another vehicle only under the
following conditions:
(a) When the vehicle overtaken is making or about to make a left
turn.
(b) Upon a highway within a business or residence district with
unobstructed pavement of sufficient width for two or more lines of
moving vehicles in the direction of travel.
(c) Upon any highway outside of a business or residence district
with unobstructed pavement of sufficient width and clearly marked for
two or more lines of moving traffic in the direction of travel.
(d) Upon a one-way street.
(e) Upon a highway divided into two roadways where traffic is
restricted to one direction upon each of such roadways.
The provisions of this section shall not relieve the driver of a
slow moving vehicle from the duty to drive as closely as practicable
to the right hand edge of the roadway.
SEC. 35. Section 21755 of the Vehicle
Code is amended to read:
21755. (a) The driver of a motor
vehicle may overtake and pass another vehicle upon the
right only under conditions permitting such
that movement in safety. In no event shall such
that movement be made by driving off the paved
or main-traveled portion of the roadway.
(b) This section does not prohibit the use of a bicycle in a
bicycle lane or on a shoulder.
SEC. 10. SEC. 36. Section 22452 of
the Vehicle Code is amended to read:
22452. (a) Subdivisions (b) and (d) apply to the operation of the
following vehicles:
(1) A bus or farm labor vehicle carrying passengers.
(2) A motortruck transporting employees in addition to those
riding in the cab.
(3) A schoolbus and a school pupil activity bus transporting
school pupils, except as otherwise provided in paragraph (4) of
subdivision (d).
(4) A commercial motor vehicle transporting any quantity of a
Division 2.3 chlorine, as classified by Title 49 of the Code of
Federal Regulations.
(5) A commercial motor vehicle that is required to be marked or
placarded in accordance with the regulations of Title 49 of the Code
of Federal Regulations with one of the following federal
classifications:
(A) Division 1.1.
(B) Division 1.2, or Division 1.3.
(C) Division 2.3 Poison gas.
(D) Division 4.3.
(E) Class 7.
(F) Class 3 Flammable.
(G) Division 5.1.
(H) Division 2.2.
(I) Division 2.3 Chlorine.
(J) Division 6.1 Poison.
(K) Division 2.2 Oxygen.
(L) Division 2.1.
(M) Class 3 Combustible liquid.
(N) Division 4.1.
(O) Division 5.1.
(P) Division 5.2.
(Q) Class 8.
(R) Class Division 1.4.
(S) A cargo tank motor vehicle, whether loaded or empty, used for
the transportation of a hazardous material, as defined in Parts 107
to 180, inclusive, of Title 49 of the Code of Federal Regulations.
(6) A cargo tank motor vehicle transporting a commodity that at
the time of loading has a temperature above its flashpoint, as
determined under Section 173.120 of Title 49 of the Code of Federal
Regulations.
(7) A cargo tank motor vehicle, whether loaded or empty,
transporting a commodity under exemption in accordance with Subpart B
of Part 107 of Title 49 of the Code of Federal Regulations.
(b) Before traversing a railroad grade crossing, the driver of a
vehicle described in subdivision (a) shall stop that vehicle not less
than 15 nor more than 50 feet from the nearest rail of the track and
while so stopped shall listen, and look in both directions along the
track, for an approaching train and for signals indicating the
approach of a train, and shall not proceed until he or she can do so
safely. Upon proceeding, the gears shall not be shifted manually
while crossing the tracks.
(c) The driver of a commercial motor vehicle, other than those
listed in subdivision (a), upon approaching a railroad grade
crossing, shall be driven at a rate of speed that allows the
commercial vehicle to stop before reaching the nearest rail of that
crossing, and shall not
be driven upon, or over, the crossing until due caution is taken to
ascertain that the course is clear.
(d) A stop need not be made at a crossing in the following
circumstances:
(1) Of railroad tracks running along and upon the roadway within a
business or residence district.
(2) Where a traffic officer or an official traffic control signal
directs traffic to proceed.
(3) Where an exempt sign was authorized by the Public Utilities
Commission prior to January 1, 1978.
(4) Where an official railroad crossing stop exempt sign in
compliance with Section 21400 has been placed by the Department of
Transportation or a local authority pursuant to Section 22452.5. This
paragraph does not apply with respect to a schoolbus or to a school
pupil activity bus as defined in paragraph (3) of subdivision (a).
SEC. 11. SEC. 37. Section 22511.55
of the Vehicle Code is amended to read:
22511.55. (a) (1) A disabled person or disabled veteran may apply
to the department for the issuance of a distinguishing placard. The
placard may be used in lieu of the special license plate or plates
issued under Section 5007 for parking purposes described in Section
22511.5 when (A) suspended from the rearview mirror, (B) if there is
no rearview mirror, when displayed on the dashboard of a vehicle, or
(C) inserted in a clip designated for a distinguishing placard and
installed by the manufacturer on the driver's side of the front
window. It is the intent of the Legislature to encourage the use of
these distinguishing placards because they provide law enforcement
officers with a more readily recognizable symbol for distinguishing
vehicles qualified for the parking privilege. The placard shall be
the size, shape, and color determined by the department and shall
bear the International Symbol of Access adopted pursuant to Section 3
of Public Law 100-641, commonly known as the "wheelchair symbol."
The department shall incorporate instructions for the lawful use of a
placard, and a summary of the penalties for the unlawful use of a
placard, into the identification card issued to the placard owner.
(2) (A) The department may establish procedures for the issuance
and renewal of the placards. The placards shall have a fixed
expiration date of June 30 every two years. A portion of the placard
shall be printed in a contrasting color that shall be changed every
two years. The size and color of this contrasting portion of the
placard shall be large and distinctive enough to be readily
identifiable by a law enforcement officer in a passing vehicle.
(B) As used in this section, "year" means the period between the
inclusive dates of July 1 through June 30.
(C) Prior to the end of each year, the department shall, for the
most current three years available, compare its record of disability
placards issued against the records of the Bureau of Vital Statistics
of the State Department of Health Care Services, or its successor,
and withhold any renewal notices that otherwise would have been sent,
for a placardholder identified as deceased.
(3) Except as provided in paragraph (4), a person shall not be
eligible for more than one placard at a time.
(4) Organizations and agencies involved in the transportation of
disabled persons or disabled veterans may apply for a placard for
each vehicle used for the purpose of transporting disabled persons or
disabled veterans.
(b) (1) Prior to issuing an original distinguishing placard to a
disabled person or disabled veteran, the department shall require the
submission of a certificate, in accordance with paragraph (2),
signed by the physician and surgeon, or to the extent that it does
not cause a reduction in the receipt of federal aid highway funds, by
a nurse practitioner, certified nurse midwife, or physician
assistant, substantiating the disability, unless the applicant's
disability is readily observable and uncontested. The disability of a
person who has lost, or has lost use of, one or more lower
extremities or one hand, for a disabled veteran, or both hands, for a
disabled person, or who has significant limitation in the use of
lower extremities, may also be certified by a licensed chiropractor.
The blindness of an applicant shall be certified by a licensed
physician and surgeon who specializes in diseases of the eye or a
licensed optometrist. The physician and surgeon, nurse practitioner,
certified nurse midwife, physician assistant, chiropractor, or
optometrist certifying the qualifying disability shall provide a full
description of the illness or disability on the form submitted to
the department.
(2) The physician and surgeon, nurse practitioner, certified nurse
midwife, physician assistant, chiropractor, or optometrist who signs
a certificate submitted under this subdivision shall retain
information sufficient to substantiate that certificate and, upon
request of the department, shall make that information available for
inspection by the Medical Board of California or the appropriate
regulatory board.
(3) The department shall maintain in its records all information
on an applicant's certification of permanent disability and shall
make that information available to eligible law enforcement or
parking control agencies upon a request pursuant to Section 22511.58.
(c) A person who is issued a distinguishing placard pursuant to
subdivision (a) may apply to the department for a substitute placard
without recertification of eligibility, if that placard is lost or
stolen.
(d) The distinguishing placard shall be returned to the department
not later than 60 days after the death of the disabled person or
disabled veteran to whom the placard was issued.
(e) The department shall print on any distinguishing placard
issued on or after January 1, 2005, the maximum penalty that may be
imposed for a violation of Section 4461. For purposes of this
subdivision, the "maximum penalty" is the amount derived from adding
all of the following:
(1) The maximum fine that may be imposed under Section 4461.
(2) The penalty required to be imposed under Section 70372 of the
Government Code.
(3) The penalty required to be levied under Section 76000 of the
Government Code.
(4) The penalty required to be levied under Section 1464 of the
Penal Code.
(5) The surcharge required to be levied under Section 1465.7 of
the Penal Code.
(6) The penalty authorized to be imposed under Section 4461.3.
SEC. 12. SEC. 38. Section 24400 of
the Vehicle Code is amended to read:
24400. (a) A motor vehicle, other than a motorcycle, shall
be equipped with at least two headlamps, with at least one on
each side of the front of the vehicle, and, except as to vehicles
registered prior to January 1, 1930, they shall be located directly
above or in advance of the front axle of the vehicle. The headlamps
and every light source in any headlamp unit shall be located at a
height of not more than 54 inches nor less than 22 inches.
(b) A motor vehicle, other than a motorcycle, shall be operated
during darkness, or inclement weather, or both, with at least two
lighted headlamps that comply with subdivision (a).
(c) As used in subdivision (b), "inclement weather" is a weather
condition that is either of the following:
(1) A condition that prevents a driver of a motor vehicle from
clearly discerning a person or another motor vehicle on the highway
from a distance of 1,000 feet.
(2) A condition requiring the windshield wipers to be in
continuous use due to rain, mist, snow, fog, or other precipitation
or atmospheric moisture.
SEC. 13. SEC. 39. Section 26100 of
the Vehicle Code is amended to read:
26100. (a) A person shall not sell or offer for sale for use upon
or as part of the equipment of a vehicle any lighting equipment,
safety glazing material, or other device that does not meet the
provisions of Section 26104.
(b) A person shall not use upon a vehicle, and a person shall not
drive a vehicle upon a highway that is equipped with, any lighting
equipment, safety glazing material, or other device that is not in
compliance with Section 26104.
(c) This section does not apply to a taillamp or stop lamp in use
on or prior to December 1, 1935.
SEC. 14. SEC. 40. Section 26101 of
the Vehicle Code is amended to read:
26101. (a) A person shall not sell or offer for sale for use upon
or as part of the equipment of a vehicle any device that is intended
to modify the original design or performance of any lighting
equipment, safety glazing material, or other device, unless the
modifying device meets the provisions of Section 26104.
(b) A person shall not use upon a vehicle, and a person shall not
drive a vehicle upon a highway that has installed a device that is
intended to modify the original design or performance of a lighting,
safety glazing material, or other device, unless the modifying device
complies with Section 26104.
(c) This section does not apply to a taillamp or stop lamp in use
on or prior to December 1, 1935, or to lamps installed on authorized
emergency vehicles.
SEC. 15. SEC. 41. Section 26505 of
the Vehicle Code is amended to read:
26505. A motor vehicle equipped with airbrakes or equipped to
operate airbrakes on towed vehicles shall be equipped with a pressure
gauge of reliable and satisfactory construction and maintained in an
efficient working condition, accurate within 10 percent of the
actual air reservoir pressure, and visible and legible to the driver.
SEC. 16. SEC. 42. Section 29004 of
the Vehicle Code is amended to read:
29004. (a) (1) Except as required under paragraph (2), a 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) A 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) A 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 does not apply to vehicle bodies that are being
transported in compliance with Sections 393.100 to 393.136,
inclusive, of Title 49 of the Code of Federal 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) Paragraphs (1) and (2) of subdivision (a) do not apply to a
semitrailer having a connecting device composed of a fifth wheel and
kingpin assembly, and do 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) A vehicle towed by a repossessor's tow vehicle, as defined in
subdivision (b) of Section 615, is exempt from the multisafety chain
requirement of paragraph (2) of subdivision (a) so long as the
vehicle is not towed more than one mile on a public highway and is
secured by one safety chain.
SEC. 17. SEC. 43. Section 34500.4 is
added to the Vehicle Code, to read:
34500.4. (a) The department shall adopt rules and regulations
that are designed to promote the safe operation of vehicles regarding
criteria for driver qualification, criteria for vehicle equipment
and maintenance, criteria for the transportation of hazardous
materials or dangerous goods, and criteria for motor carriers
operating a motor vehicle, as described in Section 34500. The
regulations shall be consistent with the Commercial Vehicle Safety
Alliance North American Standard Out-of-Service Criteria, as those
criteria now exist or are amended in the future.
(b) The department shall adopt rules and regulations that are
designed to promote the safe operation of vehicles transporting
hazardous materials, dangerous goods, and hazardous substances. The
regulations shall be consistent with Subchapter A (commencing with
Part 105) and Subchapter C (commencing with Part 171) of Title 49 of
the Code of Federal Regulations, as those regulations now exist or
are amended in the future.
SEC. 18. SEC. 44. Section 34518 of
the Vehicle Code is amended to read:
34518. (a) A foreign motor carrier or foreign private motor
carrier required to have a certificate of registration issued by the
United States Secretary of the Department of Transportation pursuant
to Part 368 (commencing with Section 368.1), or required to be
registered pursuant to Part 365 (commencing with Section 365.101), of
Title 49 of the Code of Federal Regulations shall not do any of the
following:
(1) Operate in this state without the required certificate in the
vehicle.
(2) Operate beyond the limitations or restrictions specified in
the certificate as issued.
(3) Refuse to show the certificate upon request of a peace
officer.
(4) Provide point-to-point transportation services, including
express delivery services, within the United States for goods other
than international cargo.
(b) A motor carrier required to be registered with the United
States Secretary of the Department of Transportation pursuant to
Section 13902 of Title 49 of the United States Code, Part 365
(commencing with Section 365.101), Part 390 (commencing with Section
390.1), or Section 392.9a of Title 49 of the Code of Federal
Regulations shall not do any of the following:
(1) Operate in this state without the required registration.
(2) Operate beyond the limitations or restrictions specified in
its registration.
(3) Operate in this state without the required operating
authority.
(c) A violation of subdivision (a) or subdivision
(b) is an infraction punishable by a fine of one thousand
dollars ($1,000).
(d) A member of the Department of the California Highway Patrol
may impound a vehicle operated in violation of subdivision (a) or
subdivision (b) and its cargo, until the citation
and all charges related to the impoundment are cleared. The
impoundment charges are the responsibility of the vehicle's owner.
(e) (1) A motor carrier granted permanent operating authority
pursuant to subdivision (a) shall not operate a vehicle on a highway,
unless the vehicle is inspected by a Commercial Vehicle Safety
Alliance-certified inspector every three months and displays a
current safety inspection decal attesting to the successful
completion of those inspections for at least three years after
receiving permanent operating authority.
(2) Paragraph (1) does not apply to a motor carrier granted
authority to operate solely in a commercial zone on the United
States-Mexico International Border.
(f) As used in this section "limitations" or "restrictions"
include definitions of "commercial zones," "municipality,"
"contiguous municipalities," "unincorporated area," and "terminal
areas," in Part 372 (commencing with Section 372.101) of Title 49 of
the Code of Federal Regulations.
SEC. 45. Section 40802 of the Vehicle
Code is amended to read:
40802. (a) A "speed trap" is either of the following:
(1) A particular section of a highway measured as to distance and
with boundaries marked, designated, or otherwise determined in order
that the speed of a vehicle may be calculated by securing the time it
takes the vehicle to travel the known distance.
(2) A particular section of a highway with a prima facie speed
limit that is provided by this code or by local ordinance under
subparagraph (A) of paragraph (2) of subdivision (a) of Section
22352, or established under Section 22354, 22357, 22358, or 22358.3,
if that prima facie speed limit is not justified by an engineering
and traffic survey conducted within five years prior to the date of
the alleged violation, and enforcement of the speed limit involves
the use of radar or any other electronic device that measures the
speed of moving objects. This paragraph does not apply to a local
street, road, or school zone.
(b) (1) For purposes of this section, a local street or road is
defined by the latest functional usage and federal-aid
system maps submitted to the federal Highway Administration, except
that when these maps have not been submitted, or when the street or
road is not shown on the maps, a "local street or road" means a
street or road that one that is functionally
classified as "local" on the "California Road System Maps," that are
approved by the Federal Highway Administration and maintained by the
Department of Transportation. When a street or road does not appear
on the "California Road System Maps," it may be defined as a "local
street or road" if it primarily provides access to abutting
residential property and meets the following three conditions:
(A) Roadway width of not more than 40 feet.
(B) Not more than one-half of a mile of uninterrupted length.
Interruptions shall include official traffic control signals as
defined in Section 445.
(C) Not more than one traffic lane in each direction.
(2) For purposes of this section "school zone" means that area
approaching or passing a school building or the grounds thereof that
is contiguous to a highway and on which is posted a standard "SCHOOL"
warning sign, while children are going to or leaving the school
either during school hours or during the noon recess period. "School
zone" also includes the area approaching or passing any school
grounds that are not separated from the highway by a fence, gate, or
other physical barrier while the grounds are in use by children if
that highway is posted with a standard "SCHOOL" warning sign.
(c) (1) When all of the following criteria are met, paragraph (2)
of this subdivision shall be applicable and subdivision (a) shall not
be applicable:
(A) When radar is used, the arresting officer has successfully
completed a radar operator course of not less than 24 hours on the
use of police traffic radar, and the course was approved and
certified by the Commission on Peace Officer Standards and Training.
(B) When laser or any other electronic device is used to measure
the speed of moving objects, the arresting officer has successfully
completed the training required in subparagraph (A) and an additional
training course of not less than two hours approved and certified by
the Commission on Peace Officer Standards and Training.
(C) (i) The prosecution proved that the arresting officer complied
with subparagraphs (A) and (B) and that an engineering and traffic
survey has been conducted in accordance with subparagraph (B) of
paragraph (2). The prosecution proved that, prior to the officer
issuing the notice to appear, the arresting officer established that
the radar, laser, or other electronic device conformed to the
requirements of subparagraph (D).
(ii) The prosecution proved the speed of the accused was unsafe
for the conditions present at the time of alleged violation unless
the citation was for a violation of Section 22349, 22356, or 22406.
(D) The radar, laser, or other electronic device used to measure
the speed of the accused meets or exceeds the minimal operational
standards of the National Traffic Highway Safety Administration, and
has been calibrated within the three years prior to the date of the
alleged violation by an independent certified laser or radar repair
and testing or calibration facility.
(2) A "speed trap" is either of the following:
(A) A particular section of a highway measured as to distance and
with boundaries marked, designated, or otherwise determined in order
that the speed of a vehicle may be calculated by securing the time it
takes the vehicle to travel the known distance.
(B) (i) A particular section of a highway or state highway with a
prima facie speed limit that is provided by this code or by local
ordinance under subparagraph (A) of paragraph (2) of subdivision (a)
of Section 22352, or established under Section 22354, 22357, 22358,
or 22358.3, if that prima facie speed limit is not justified by an
engineering and traffic survey conducted within one of the following
time periods, prior to the date of the alleged violation, and
enforcement of the speed limit involves the use of radar or any other
electronic device that measures the speed of moving objects:
(I) Except as specified in subclause (II), seven years.
(II) If an engineering and traffic survey was conducted more than
seven years prior to the date of the alleged violation, and a
registered engineer evaluates the section of the highway and
determines that no significant changes in roadway or traffic
conditions have occurred, including, but not limited to, changes in
adjoining property or land use, roadway width, or traffic volume, 10
years.
(ii) This subparagraph does not apply to a local street, road, or
school zone.
SEC. 19. SEC. 46. No reimbursement
is required by this act pursuant to Section 6 of Article XIII B 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 XIII B of the California Constitution.