BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 538
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          Date of Hearing:   January 9, 2012

                        ASSEMBLY COMMITTEE ON TRANSPORTATION
                               Bonnie Lowenthal, Chair
                   AB 538 (Williams) - As Amended:  January 4, 2012
           
          SUBJECT  :  Truck restrictions:  State Route 33

           SUMMARY  :  Bans commercial vehicles with a kingpin-to-rear-axle 
          (KPRA) length over 30 feet from a portion of State Route (SR) 33 
          in Ventura County.  Specifically,  this bill  :  

          1)Makes legislative findings and declarations regarding a 1989 
            study conducted by the California Department of Transportation 
            (Caltrans) that evaluated which state highways could not 
            geometrically accommodate the operation of a 40-foot KPRA 
            length.  

          2)Further finds and declares that the report found that a 
            segment of SR 33 in Ventura County is "geometrically 
            inadequate" for use by a commercial vehicle with a KPRA 
            greater than 30 feet.  

          3)Declares that in its 1989 KPRA study, Caltrans recommended 
            that the Legislature grant Caltrans the authority to install 
            regulatory signing based on the appropriate KPRA for a 
            specific route.  

          4)States legislative intent to provide Caltrans with the 
            authority to install regulatory signing for a specific segment 
            of SR 33.  

          5)Bans commercial vehicles with a KPRA in excess of 30 feet on 
            SR 33 between the Ventura-Santa Barbara county line and the 
            Camino Cielo Road near the City of Ojai.  

          6)Exempts from the restriction, the following:  

             a)   Authorized emergency vehicles;

             b)   Vehicles operated by a publicly or privately owned 

               public utility;

             c)   Vehicles operated by a government agency;








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             d)   Tow trucks providing assistance to a vehicle that is 
               accessible only from the otherwise restricted section of 
               highway; and,

             e)   Commercial vehicles involved in motion picture, 
               commercial, or television production in areas that are only 
               assessable from this section of SR 33.  

          7)Provides that violations of the restriction are punishable by 
            fines pursuant to provisions related to overweight vehicles, 
            or $1,000, whichever is greater.  

          8)Directs Caltrans to erect suitable signing of the restriction. 
             
           

          EXISTING LAW  :  

          1)Sets the maximum limits on the height, weight, and length of 
            vehicles that are allowed to use state highways; specifically 
            provides that the KPRA for a truck tractor-semitrailer 
            combination vehicle cannot exceed 40 feet.  

          2)Allows Caltrans, with regard to state highways, to lower the 
            maximum KPRA length restriction to less than 40 feet but 
            specifically prohibits the department from lowering the length 
            restriction to less than 38 feet.  

           FISCAL EFFECT  :  Unknown

           COMMENTS  :  In 1989, Caltrans conducted a study entitled "Truck 
          Kingpin-To-Rear Axle Length State Highway System Evaluation" as 
          required by SB 2232 (McCorquodale), Chapter 1378, Statutes of 
          1986.  The study was in response to other provisions of SB 2232 
          that increased the allowable KPRA from 38 feet to 40 feet.  

          In the study, Caltrans warned that out of the 15,166 total miles 
          of state highway;

          1)  22% (3,364 miles) could not accommodate trucks with 40 foot 
          KPRA lengths.  

          2)  21% (3,185 miles) could not accommodate trucks with 38 foot 
          KPRA lengths. 








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          3)  18.6% (2,831) miles could not accommodate trucks with 30 
          foot KPRA lengths.  

          In this study, Caltrans recommended that it be granted the 
          authority to post regulatory signs limiting the allowable KPRA 
          lengths on specified roads.  Subsequent legislation attempted, 
          through various statutory means, to authorize vehicle length 
          restrictions consistent with the findings in the KPRA study.  
          Proponents of such legislation argued that the restrictions 
          would improve public safety and that warning signs alone were 
          not adequate to discourage the use of long trucks on the roads 
          in question.  They further argued that existing law 
          inappropriately left the question of public safety up to 
          individual truck drivers who are often pressured by tight 
          schedules to take these routes despite KPRA advisory warnings.  

          Opponents, on the other hand, argued that truck restrictions 
          might create an undue burden on the state's trucking industry by 
          limiting the industry's use of the state highway system and that 
          limiting 20% of the state's highways might isolate some  parts 
          of the state from continued service by common, larger, more 
          economical trucks.  Finally, opponents argued that restrictions 
          might also hurt businesses that rely on the trucking industry 
          for the delivery of goods.  

          In the end, none of the bills were successful in systematically 
          implementing the truck length restrictions called out in the 
          1989 KPRA study.  Instead, Caltrans posted advisory signs on 
          these routes that warn, "Tractor-Semis over �30] Feet Kingpin to 
          Rear Axle Not Advised."  

          Among the highway segments identified in the report, SR 33 in 
          Ventura County (between El Roblar Road to the Santa Barbara 
          County line) was identified as geometrically inadequate to 
          accommodate KPRA lengths over 30 feet.  

          The author has introduced AB 538 on behalf of the County of 
          Ventura, which has reportedly received a number of 
          safety-related complaints from residents about trucks crossing 
          over the double-yellow when negotiating some of the sharp turns. 
           Although, according to Caltrans, accident statistics for this 
          segment of SR 33 do not indicate a safety concern, the author 
          asserts that Ventura County is reasonable in seeking a truck 
          length restriction prior to someone getting injured or killed by 








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          an off-tracking truck.  

          Writing in opposition to this bill, the Mosler Rock-Ojai Quarry 
          argues that the truck length restriction will mean that the 
          quarry will no longer be able to use the types of trucks the 
          quarry has used for the past 60 years.  The Southern California 
          Contractors Association (SCCA), also in opposition to the bill, 
          shares concerns that the truck length restriction will 
          jeopardize mining operations along SR 33.  It argues that virgin 
          aggregate is already difficult to obtain and this bill would 
          exacerbate that problem.  SCCA also argues that this bill would 
          require its members that are located in the area to take 
          circuitous routes, adding an hour or more to their trips, 
          thereby increasing costs.  

           Committee concerns:  
           
          1)Traffic accident data on SR 33 does not indicate that a 
            truck-length restriction is warranted.  Consequently, it is 
            not clear what the basis is for singling out SR 33 from the 
            other over 2,800 miles of state highway that also cannot 
            geometrically accommodate KPRA lengths greater than 30 feet.  
            If the Legislature is to deem SR 33 as unsafe for KPRA lengths 
            over 30 feet by imposing restrictions, despite the lack of 
            supporting accident data, then shouldn't all routes deemed 
            inadequate for longer trucks be likewise restricted?  

          2)Provisions in the bill that identify the fine schedule for 
            violations of the proposed truck length restriction 
            incorrectly reference existing truck weight-violation 
            penalties, which have no relevance to violations of truck 
            length limits.  

          3)The proposed restriction is limited to commercial vehicles and 
            provides specific exemptions for, among other vehicles, those 
            involved in motion picture or television production.  It is 
            not clear what the justification is for exempting these 
            vehicles from the restrictions.  

          4)The 1989 KPRA report identifies the segment of SR 33 between 
            El Roblar Road to the Santa Barbara County line as incapable 
            of geometrically accommodating KPRA lengths greater than 30 
            feet.  This segment is not consistent with the segment 
            identified in the bill.  If a restriction is to be imposed, it 
            should logically begin at a point on the highway where it 








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            intersects with an available alternative route, in this case 
            several miles south of the terminus identified in the bill.  

           Previous legislation:  

          SB 2232 (McCorquodale) Chapter 1378, Statutes of 1986, increased 
          the allowable KPRA to from 38 feet to 40 feet and required 
          Caltrans to conduct the KPRA study.  

          AB 2253 (Honda) of 1998 would have allowed truck length 
          restrictions below 38 KPRA.  That bill died in Assembly 
          Appropriations.  

          AB 576 (Honda) of 1999 was similar to AB 2253.  Provisions 
          related to truck length restrictions were ultimately amended out 
          of that bill and replaced with unrelated provisions.  

          SB 636 (Karnette) of 2001 would have required Caltrans to update 
          its KPRA study and impose truck length restrictions accordingly. 
           That bill died in Assembly Transportation Committee.  

           REGISTERED SUPPORT/OPPOSITION  :   

           Support:
           
          Ventura County Board of Supervisors (sponsor)
          City of Ojai City Council
          Los Padres ForestWatch
          Ojai Stop the Trucks Coalition
          21 individuals 

           Opposition: 
           
          Mosler Rock-Ojai Quarry
          Southern California Contractors Association 
           

          Analysis Prepared by  :   Janet Dawson / TRANS. / (916) 319-2093