BILL NUMBER: SB 1174	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Walters
   (Coauthor: Senator La Malfa)

                        FEBRUARY 22, 2012

   An act to amend Section 35401.5 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1174, as introduced, Walters. Vehicles: length semitrailers:
exemption: motorsports.
   Existing law authorizes the Department of Transportation or local
authorities, with regard to highways under their respective
jurisdiction, to issue a special permit authorizing the operation of
a combination of vehicles consisting of a truck tractor semitrailer
combination with a maximum length from kingpin to rearmost axle
measurement of not more than 46 feet, if the trailers are used
exclusively or primarily in connection with motorsports, as defined.
   This bill would instead exempt a combination of vehicles
consisting of a truck tractor and semitrailer, or of a truck tractor,
semitrailer, and trailer, from all limitations on the length of
trailers if the trailer is used exclusively or primarily in
connection with motorsports, as defined.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 35401.5 of the Vehicle Code is amended to read:

   35401.5.  (a) A combination of vehicles consisting of a truck
tractor and semitrailer, or of a truck tractor, semitrailer, and
trailer, is not subject to the limitations of Sections 35400 and
35401, when operating on the National System of Interstate and
Defense Highways or when using those portions of federal-aid primary
system highways that have been qualified by the United States
Secretary of Transportation for that use, or when using routes
appropriately identified by the Department of Transportation or local
authorities as provided in subdivision (c) or (d), if all of the
following conditions are met:
   (1) The length of the semitrailer in exclusive combination with a
truck tractor does not exceed 48 feet. A semitrailer not more than 53
feet in length shall satisfy this requirement when configured with
two or more rear axles, the rearmost of which is located 40 feet or
less from the kingpin or when configured with a single axle which is
located 38 feet or less from the kingpin. For purposes of this
paragraph, a motortruck used in combination with a semitrailer, when
that combination of vehicles is engaged solely in the transportation
of motor vehicles, camper units, or boats, is considered to be a
truck tractor.
   (2) Neither the length of the semitrailer nor the length of the
trailer when simultaneously in combination with a truck tractor
exceeds 28 feet 6 inches.
   (b) Subdivisions (b), (d), and (e) of Section 35402 do not apply
to combinations of vehicles operated subject to the exemptions
provided by this section.
   (c) Combinations of vehicles operated pursuant to subdivision (a)
may also use highways not specified in subdivision (a)  which
  that  provide reasonable access to terminals and
facilities for purposes limited to fuel, food, lodging, and repair
when that access is consistent with the safe operation of the
combinations of vehicles and when the facility is within one road
mile of identified points of ingress and egress to or from highways
specified in subdivision (a) for use by those combinations of
vehicles.
   (d) The Department of Transportation or local authorities may
establish a process whereby access to terminals or services may be
applied for upon a route not previously established as an access
route. The denial of a request for access to terminals and services
shall be only on the basis of safety and an engineering analysis of
the proposed access route. If a written request for access has been
properly submitted and has not been acted upon within 90 days of
receipt by the department or the appropriate local agency, the access
shall be deemed automatically approved. Thereafter, the route shall
be deemed open for access by all other vehicles of the same type
regardless of ownership. In lieu of processing an access application,
the Department of Transportation or local authorities with respect
to highways under their respective jurisdictions may provide signing,
mapping, or a listing of highways as necessary to indicate the use
of specific routes as terminal access routes. For purposes of this
subdivision, "terminal" means either of the following:
   (1) A facility where freight originates, terminates, or is handled
in the transportation process.
   (2) A facility where a motor carrier maintains operating
facilities.
   (e) Nothing in subdivision (c) or (d) authorizes state or local
agencies to require permits of terminal operators or to charge
terminal operators fees for the purpose of attaining access for
vehicles described in this section.
   (f) Notwithstanding subdivision (d), the limitations of access
specified in that subdivision do not apply to licensed carriers of
household goods when directly enroute to or from a point of loading
or unloading of household goods, if travel on highways other than
those specified in subdivision (a) is necessary and incidental to the
shipment of the household goods.
   (g)  (1)    
Notwithstanding Sections 35400 and 35401, the Department of
Transportation or local authorities, with regard to highways under
their respective jurisdictions, may, upon application, issue a
special permit authorizing the applicant to operate a combination of
vehicles consisting of a truck tractor semitrailer combination
operated pursuant to subdivision (a) with a kingpin to rearmost axle
measurement limit of not more than 46 feet on trailers used
exclusively or primarily in connection with motorsports. 
 Notwithstanding Sections 35400 and 35401, a combination of
vehicles consisting of a truck tractor and semitrailer, or of a truck
tractor, semitrailer, and trailer, is exempt from all limitations on
the length of trailers if the trailer is exclusively or primarily
used in connection with motorsports.    As used in this
 paragraph,   subdivision,  "motorsports"
means  any   an  event, and all activities
leading up to that event, including, but not limited to,
administration, testing, practice, promotion, and merchandising, that
is sanctioned under the auspices of the member organizations of the
Automobile Competition Committee for the United States. 
   (2) A local authority, as a condition of issuing a special permit
under this subdivision, may establish reasonable controls on the
allowable hours of operation of those semitrailers that are
authorized to operate under this subdivision. 
   (h) The Legislature finds and declares both of the following:
   (1) In authorizing the use of 53-foot semitrailers, it is the
intent of the Legislature to conform with Section 2311(b)
  3111(b)(1)(C)  of Title 49 of the United States
Code by permitting the continued use of semitrailers of the
dimensions as those that were in actual and legal use on December 1,
1982, and does not intend this action to be a precedent for future
increases in the parameters of any of those vehicles that would
adversely affect the turning maneuverability of vehicle combinations.

   (2)  In authorizing the department to issue special
transportation permits for motorsports,   In exempting
trailers used exclusively or primarily for motorsports from
limitations on the length of trailers,  it is the intent of the
Legislature to conform with Section 31111(b)(1)  (E)
  (F)  of Title 49 of the United States Code. It is
also the intent of the Legislature that this action not be a
precedent for future increases in the distance from the kingpin to
the rearmost axle of semitrailers that would adversely affect the
turning maneuverability of vehicle combinations.