BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 1155
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          Date of Hearing:   June 18, 2012

                        ASSEMBLY COMMITTEE ON TRANSPORTATION
                               Bonnie Lowenthal, Chair
                SB 1155 (Cannella) - As Introduced:  February 21, 2012

           SENATE VOTE  :  27-10
           
          SUBJECT  :  Agricultural motor truck-trailer length exemption in 
          San Benito County

           SUMMARY  :  Creates an exemption, until January 1, 2018, from the 
          current vehicle length limit for motor truck-trailer 
          combinations used to transport agricultural products in San 
          Benito County.  Specifically,  this bill  :  
           
          1)Provides an exemption, until January 1, 2018,  for motor 
            truck-trailer combinations up to 75 feet long under the 
            following conditions:

             a)   The combination of vehicles consists of a motor truck 
               and two trailers;

             b)   A trailer in the combination does not exceed 28 feet 6 
               inches in length;

             c)   The combination is used exclusively for transporting 
               agricultural products from the field to first point of 
               handling and return and each direction of transport does 
               not exceed 80 miles;

             d)   The combination is used exclusively to transport 
               agricultural products from the first point of handling to a 
               designated truck route and return and each direction of 
               transport does not exceed 15 miles;

             e)   The combination is not operated on a highway designated 
               by the United States Department of Transportation as a 
               national network route;

             f)   The combination of vehicles does not exceed a speed of 
               50 miles per hour (mph) when operating on highways;

             g)   The combination of vehicles successfully completes a 
               commercial safety inspection conducted by the California 








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               Highway Patrol (CHP) on a quarterly basis;

             h)   The combination of vehicles operates on highways only 
               after safe routing techniques are developed by agricultural 
               entities in consultation with CHP; and,

             i)   The combination of vehicles is operated only in the 
               County of San Benito after the San Benito County Board of 
               Supervisors adopts a resolution or ordinance authorizing 
               use of the longer vehicle combinations on local roadways.  

          2)Requires CHP, in consultation with the California Department 
            of Transportation (Caltrans), to study the effects of the 
            length exemption on public safety and submit findings to the 
            Legislature and the Governor on or before April 1, 2014.  

          3)Includes an urgency clause.  

          4)Makes related, clarifying changes.  

           EXISTING LAW:  

          1)Generally prohibits any combination of vehicles coupled 
            together, including attachments, from exceeding a total length 
            of 65 feet.  

          2)Provides an exception that allows truck tractor-trailer 
            combinations lengths up to 75 feet provided that the trailer 
            does not exceed 28 feet 6 inches long.  

          3)Authorizes a tow truck to exceed the 65 foot length 
            restriction under certain conditions.  

          4)Authorizes a city or county to prohibit combination vehicles 
            in excess of 60 feet on highways under its respective 
            jurisdiction as long as appropriate signage is erected.  

           FISCAL EFFECT  :  According to the Senate Appropriations 
          Committee, this bill would result in annual costs of 
          approximately $59,000 until 2018 for CHP to conduct quarterly 
          vehicle inspections as well as a one-time cost of $70,000 for 
          CHP to compile data and prepare the required report.  

           COMMENTS  :  The sponsor of this bill, the Council of San Benito 
          County Governments (CSBCG), asserts that farmers in San Benito 








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          County are experiencing difficulties transporting agricultural 
          products from the point of harvest to processing and 
          distribution centers using legal length (up to 65 feet) motor 
          truck-trailer combinations.  CSBCG notes that historically 
          farmers have contracted with trucking companies to move 
          agricultural products.  The farmers claim that the trucking 
          companies typically used motor truck-trailer combinations that 
          exceeded the legal length requirements but now that CHP is 
          actively ticketing these longer vehicle combinations, the 
          trucking companies are no longer willing to send out these 
          over-length trucks.  The sponsor contends that since legal 
          length motor truck-trailer combinations are not always 
          available, the timely movement of perishable agricultural 
          products from the field to point of handling has been adversely 
          affected.  

          To address this problem, the author has introduced this bill 
          which would allow motor truck-trailer combinations up to 75 feet 
          long to travel on San Benito County roadways, over a 6 year 
          pilot period, as long as the vehicle combinations are being used 
          to transport agricultural products and meet other specified 
          restrictions.  Additionally, the bill calls for CHP, in 
          consultation with Caltrans, to study the effects of the use of 
          these longer combination vehicles on public safety and report 
          its findings to the Legislature.  

          It is important to note, however, that the CHP's report is due 
          on April 1, 2014, over three years  before  the pilot period ends 
          and would only provide one year of data collection.  To produce 
          a meaningful study, a minimum of three years of data is 
          typically collected to ensure an adequate data sample.  
          Additionally, reports are normally provided to the Legislature 
          about one year before the sunset date, giving the Legislature 
          ample time to review the data and take steps to extend the 
          sunset or make the provision permanent prior the expiration 
          date.  

          Over the years, segments of the agricultural industry have 
          relied on the combination of a motor truck and pull trailers to 
          transport their products from the field to point of handling.  A 
          motor truck is a vehicle that is designed and used primarily for 
          transporting goods in the rear cargo area.  Motor trucks are not 
          specifically designed to pull trailers because these vehicles 
          have no special coupling devices to prevent rollovers when a 
          trailer's load shifts.  Additionally, these vehicles typically 








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          do not have the additional acceleration power needed to pull 
          heavy loads.  For these reasons, motor truck-trailer 
          combinations lengths have been historically limited to 65 feet.  


          A truck tractor (or "big rig") on the other hand, is designed 
          and used primarily for pulling trailers.  Truck tractors have 
          various safety features, such as specific coupling devices or 
          "fifth wheels," that enable them to pull trailers with minimal 
          risk of rolling over.  For example, truck tractors typically 
          steady the weight of the trailer's load over the vehicle's wheel 
          base, providing more stability for both the vehicle and the 
          trailer.  

          Until the passage of AB 1742 (Maldonado), Chapter 560, Statutes 
          of 2002, a motor truck-trailer combination was not authorized to 
          exceed 65 feet.  According to then-Assembly Member Maldonado, 
          prior to the passage of AB 1742, motor truck operators expressed 
          surprise when they received tickets for violating the 65-foot 
          length limitation, claiming to be unaware that the law did not 
          allow for these longer motor truck-trailer combinations on 
          highways. To bring these vehicle combinations into compliance, 
          AB 1742 was introduced to exempt motor truck-trailer 
          combinations from the state law that restricted vehicle 
          combinations to a maximum of 65 feet until January 1, 2006.  
          Specifically, AB 1742 required that the vehicle combinations 
          consist of a motor truck and two trailers; that no trailer in 
          the combination exceeds 28 feet 6 inches in length; that the 
          vehicle combination be used exclusively to transport 
          agricultural products from the field to the first point of 
          handling and return; that each direction of transport be 
          restricted 80 miles; and that the combination not be operated on 
          a highway that is designated as a national network route.  AB 
          1742 also required CHP to study the effects of allowing these 
          longer vehicle combinations to operate on highways.  

          In April 2005, CHP issued the report, "Assembly Bill 1742, Motor 
          Truck Towing Two Trailers, Impact on Public Safety."  The report 
          concluded that there were no collisions reported during the 
          testing period; however performance and engineering tests 
          completed by state and federal agencies showed that longer 
          combination vehicles such as those provided for in AB 1742 fail 
          to negotiate tight turns and maintain stability.  In their 
          report, the CHP recommended allowing the exemption provided by 
          AB 1742 to expire on January 1, 2006 and not be renewed.  








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          In 2006, SB 283 (Maldonado), Chapter 5, Statutes of 2006, 
          granted a one-year extension to the exemption provided by AB 
          1742 thereby continuing the use of 75-foot motor truck-trailer 
          combinations on the state highways until January 1, 2007.  The 
          author indicated that at that time the bill was moving through 
          the Legislature an extension was needed so that there was time 
          to get the word out to the industry regarding the expiration of 
          the statute authorizing the use of these longer vehicle 
          combinations and to allow time to further examine potential 
          safety concerns.  

          Senator Maldonado introduced legislation in 2006 to permanently 
          delete the sunset date for these longer vehicle combinations.  
          The Transportation and Housing Committee amended the bill to 
          delete the obsolete provision requiring CHP to complete its 
          April 2005 study--essentially gutting the bill and making it a 
          legislative vehicle meanwhile the author negotiated with CHP on 
          alternatives to the sunset provision.  Later that year, CHP 
          agreed to an extension of the sunset provision until January 1, 
          2009, subject to additional restrictions that included the 
          preparation of another report by April 1, 2008.  Provisions were 
          also added requiring that the vehicle combinations be inspected 
          by CHP, that they travel no faster than 50 mph, and that the 
          exemption be limited to jurisdictions in Santa Barbara and San 
          Luis Obispo counties if those counties adopted a local 
          resolution or ordinance authorizing the use of these vehicle 
          combinations.   These negotiated provisions were placed in SB 
          1237 (Maldonado), Chapter 450, Statutes of 2006, and the bill 
          was signed into law.  

          The report prepared by the CHP in 2008 pursuant to SB 1237 
          concluded that of the four accidents that occurred during the 
          study period involving motor truck-trailer combinations, three 
          were caused by the exempted longer vehicle combinations.  In 
          addition, the report noted that of the 865 inspections conducted 
          by CHP on the 200 vehicles studied, 866 violations were reported 
          including instances of inoperable lights, out-of-date vehicle 
          registrations, and inadequate vehicle couplings.  

          Writing in support of this bill, the California Farm Bureau 
          Federation notes that San Benito County is an important 
          agricultural production area that contributes more than $255 
          million to the state's economy.  They note that allowing for the 
          use of these longer motor truck-trailer combinations would make 








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          it possible for farmers to get their highly perishable products 
          from field to processing centers in a timely manner.  

          Writing in opposition of this bill, the Teamsters and 
          Amalgamated Transit Union assert that increasing truck weights 
          and lengths could endanger the traveling public since larger 
          trucks are inherently more difficult to maneuver and stop.  The 
          Teamsters have also raised the issue on similar legislation (AB 
          1516, Alejo of 2012) that agricultural trucking has one of the 
          worst safety records in the trucking industry and that allowing 
          these longer vehicles on roadways would subject the public to 
          increased risk of accidents.  

           Previous legislation  :

          AB 1516 (Alejo) of 2012, would have increased the weight of 
          vehicles and the combination of vehicles that can be operated by 
          a farmer who possesses only a Class C diver license.  Prior 
          versions of that bill included length exemptions for combination 
          vehicles up to 75 feet.  That bill was held in the Assembly 
          Appropriations Committee.  

          SB 1228 (Maldonado) Chapter 394, Statutes of 2008 extended, from 
          January 1, 2009, to January 1, 2010, the sunset date on an 
          exemption from vehicle length limits for trailer combinations 
          used for transporting agricultural products.  

          SB 1237 (Maldonado), Chapter 450, Statutes of 2006, extended the 
          sunset of an exemption to the maximum length limitation of 
          longer combination vehicles and adds additional criteria and 
          safety measures under which the exemption is authorized.  

          AB 1742 (Maldonado), Chapter 560, Statutes of 2002, exempted 
          motor truck-trailer combinations from the state law that 
          restricts vehicle combinations to a maximum length of 65 feet in 
          length and allowed a 75-foot agricultural motor truck-trailer 
          combinations.  

          AB 220 (Strom-Martin), Chapter 413, Statutes of 2001, allowed 
          licensed carriers of livestock to continue to move their cargo 
          along specified limited-access portions of State Route 101.  

          SB 964 (Costa), Chapter 497, Statutes of 2001, authorized cotton 
          module movers to operate, unless specifically prohibited, on any 
          highway within the counties of Butte, Colusa, Fresno, Glenn, 








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          Imperial, Kern, Kings, Madera, Merced, Riverside, Sacramento, 
          San Benito, San Bernardino, San Joaquin, Stanislaus, Sutter, 
          Tehama, Tulare, Yolo, and Yuba between September 15 of each year 
          and March 15 of the following year.  

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          Council of San Benito County Governments (Sponsor)
          California Farm Bureau Federation
          Regional Council of Rural Counties
            Western Growers

           Opposition 
           
          Amalgamated Transit Union
          Teamsters 

           
          Analysis Prepared by  :   Victoria Alvarez / TRANS. / (916) 319- 
          2093