BILL ANALYSIS                                                                                                                                                                                                    �






           SENATE TRANSPORTATION & HOUSING COMMITTEE       BILL NO: SB 1155
          SENATOR MARK DESAULNIER, CHAIRMAN              AUTHOR:  CanNella
                                                         VERSION: 2/21/12
          Analysis by:  Carrie Cornwell                  FISCAL:  yes
          Hearing date:  April 10, 2012                      URGENCY:  YES



          SUBJECT:

          Agricultural motor truck-trailer length exemption: San Benito 
          County

          DESCRIPTION:

          This bill creates, until January 1, 2018, an exemption from 
          current vehicle length limits for motor truck-trailer 
          combinations used for transporting agricultural products in San 
          Benito County.

          ANALYSIS:

          Motor trucks are vehicles designed and used primarily for 
          transporting goods in their rear cargo areas, and they are not 
          specifically designed to pull trailers. These vehicles have no 
          special coupling devices to prevent rollovers when a trailer's 
          load shifts, nor do they have additional power to facilitate 
          acceleration when pulling a load.  

          Truck tractors (or "big rigs") by contrast are designed and used 
          primarily for pulling trailers and only move goods by pulling a 
          trailer. Truck tractors have various safety features, such as 
          coupling devices or "fifth wheels," which enable them to pull 
          trailers in a safe manner.

          Existing law prohibits any combination of vehicles coupled 
          together, including any attachments, from exceeding a total 
          length of 65 feet, with certain, specified exceptions, including 
          an exception that allows 75-foot long truck tractor-trailer 
          combinations, provided no trailer exceeds 28 feet 6 inches.

           This bill  :

          1.Exempts until January 1, 2018 a combination of vehicles 
            operated in San Benito County from the length limitation and 
            authorizes the combination to have a total length of not more 




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            than 75 feet if:

                           The combination consists of a motor truck and 
                    two trailers;
                           No trailer in the combination exceeds 28 feet, 
                    6 inches in length; 
                           The combination is used to transport 
                    agricultural products from the field to the first 
                    point of handling and return, and the total distance 
                    of transport does not exceed 160 miles;
                           The combination is used to transport from the 
                    first point of handling to a designated truck route, 
                    and the total distance of transport does not exceed 30 
                    miles;
                           The combination is  not  operated on a highway 
                    that is designated as a national network route; 
                           The combination of vehicles is driven at a 
                    speed not exceeding 50 miles per hour;
                           The combination of vehicles successfully 
                    completes a California Highway Patrol (CHP) inspection 
                    on a quarterly basis;
                           Agricultural entities, in consultation with 
                    CHP, develop safe routing techniques; and
                           The local jurisdiction (city council or board 
                    of supervisors) has approved the use of these vehicle 
                    combinations on its roads.

          1.Requires CHP, in consultation with the Department of 
            Transportation (Caltrans), to study the effect of this 
            exemption on public safety and to report the results of its 
            study to the Legislature and Governor by April 1, 2014.

          2.Is an urgency measure.

          
          COMMENTS:

              1.   Purpose  .  The author states that CHP has been actively 
               ticketing motor truck-trailer combination vehicles in 
               excess of the 65 feet limit that drive on non-federal roads 
               to and from agricultural production centers in San Benito 
               County.  Many farms and processing centers in San Benito 
               County are accessible only by these roads.  San Benito 
               farmers do not own the trucks being ticketed but contract 
               with trucking companies that are frequently located 
               out-of-county and sometimes out-of-state.  These farmers 




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               cannot control which trucks are sent to pick up their 
               crops, and due to the time-sensitive nature of the 
               agricultural industry, trucking companies often cannot wait 
               until the appropriate truck tractor-trailers become 
               available to send to these parts of the county.  The author 
               reports that rather than face the costs of additional 
               ticketing, some trucking companies have stopped servicing 
               certain parts of San Benito County altogether. 

               The author asserts that San Benito's agricultural industry 
               cannot afford the losses caused by delayed crop delivery.  
               He introduced this bill to exempt trucks there from the 
               length limits in force in California in order to protect 
               San Benito County's $255 million annual agricultural 
               production.

              2.   Previous legislation  .  Beginning in 2002, Assemblymember 
               and later Senator Abel Maldonado authored a series of bills 
               that authorized extra-long motor truck-trailer combinations 
               for Santa Barbara and San Luis Obispo counties.  Those 
               bills created an exemption that lasted from 2003 through 
               2009 and that was very similar to the exemption this bill 
               proposes for San Benito County.  Senator Maldonado's final 
               bill to extend the sunset date on the exemption for those 
               two counties was SB 1228 of 2008.  That bill failed in this 
               committee on a 4 - 4 vote on August 29, 2008.  The next 
               day, however, the Senate withdrew SB 1228 from this 
               committee to the floor where it passed unanimously, 
               extending the sunset for the Santa Barbara and San Luis 
               Obispo exemptions until January 1, 2010.  Since then, all 
               counties in the state have had the same length exemptions 
               in force.

              3.   CHP study required in previous legislation  .  One of 
               Senator Maldanado's bills, SB 1237, Chapter 450, Statutes 
               of 2006, required that CHP in consultation with Caltrans 
               report to the Legislature and Governor on the public safety 
               impacts of the exemption for Santa Barbara and San Luis 
               Obispo counties.  CHP issued that report in 2008, with the 
               following conclusions:

                     The study consisted of only approximately 200 
                 vehicles in a small geographical area of the state from 
                 January 2006 to August 2007.

                     It found that four accidents had occurred involving 




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                 these motor truck-trailer vehicle combinations.  Of those 
                 four accidents, all resulted in property damage only, and 
                 three of the four appear to have been caused by the 
                 exempted vehicle combinations and possibly because of the 
                 configuration of using a motor truck to pull trailers. In 
                 addition, the CHP conducted 865 inspections of these 200 
                 vehicles and found  866 violations  such as inoperable 
                 lights, out-of-date vehicle registrations, and inadequate 
                 vehicle couplings.

                     Caltrans' primary concern with authorizing longer 
                 motor truck-trailer combinations was the inability of 
                 those vehicle combinations to negotiate tight turns and 
                 the type of coupling device utilized.  One of the four 
                 collisions further supported concern for stability as the 
                 trailer did roll over during evasive action.  Another 
                 collision demonstrated the vehicles' inability to 
                 negotiate a tight turn without driving outside of its 
                 lane.  The report notes that both state and federal 
                 studies support its safety concerns. 
           
             1.   What's different about San Benito County  ? Many 
               California counties have significant farming operations, 
               but it is San Benito only that is seeking an exemption to 
               allow operation of these extra long motor truck-trailer 
               combinations.  It is unclear why this exemption is needed 
               in San Benito County but not elsewhere.  It would appear 
               that farmers elsewhere in the state have complied with the 
               California Vehicle Code restriction on length, either by 
               using truck tractors to pull their trailers safely or using 
               shorter (i.e., under 65 feet) combinations of motor trucks 
               and trailers.
           
             2.   Arguments in opposition  .   Writing in opposition, the 
               Teamsters and Amalgamated Transit Union both assert that 
               they are fundamentally opposed to increased truck weights 
               and size because such vehicles are dangerous to other 
               motorists, difficult to stop, and destroy the roads.

          
          POSITIONS:  (Communicated to the committee before noon on 
          Wednesday,                                             April 4, 
          2012)

               SUPPORT:  Council of San Benito County Governments
                         Western Growers




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               OPPOSED:  Amalgamated Transit Union
                         Teamsters