Amended in Senate May 22, 2014

Amended in Assembly April 21, 2014

Amended in Assembly April 3, 2014

Amended in Assembly March 11, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2707

Introduced by Assembly Member Chau

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(Coauthor: Assembly Member Chávez)

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February 21, 2014

An act to amend Section 35400 of the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

AB 2707, as amended, Chau. Vehicles: length limitations: buses: bicycle transportation devices.

Existing law imposes a 40-foot limitation on the length of vehicles that may be operated on the highways, with specified exemptions. Existing law exempts from this limitation a bus, except a schoolbus, operated by a public agency or a passenger stage corporation, as defined, used in transit system service if the bus is equipped with a folding device attached to the front of the bus that is designed and used exclusively for transporting bicycles, that device does not materially affect efficiency or visibility of vehicle safety equipment, and the length of the bus, exclusive of that device, does not exceed 40 feet in length. In addition, existing law prohibits the above-described device from extending more than 36 inches from the front body of the bus when fully deployed, and prohibits a bicycle that is transported on that device from having the bicycle handlebars extend more than 42 inches from the front of the bus.

This bill would increase the lengths described in the exemption above from 36 to 40 inches, and from 42 to 46 inches.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 35400 of the Vehicle Code is amended
to read:

35400.  

(a) A vehicle may not exceed a length of 40 feet.

(b) This section does not apply to any of the following:

(1) A vehicle used in a combination of vehicles when the excess
length is caused by auxiliary parts, equipment, or machinery not
used as space to carry any part of the load, except that the
combination of vehicles shall not exceed the length provided for
combination vehicles.

(2) A vehicle, when the excess length is caused by any parts
necessary to comply with the fender and mudguard regulations of
this code.

(3) (A) An articulated bus or articulated trolley coach that does
not exceed a length of 60 feet.

(B) An articulated bus or articulated trolley coach described in
subparagraph (A) may be equipped with a folding device attached
to the front of the bus or trolley if the device is designed and used
exclusively for transporting bicycles. The device, including any
bicycles transported thereon, shall be mounted in a manner that
does not materially affect efficiency or visibility of vehicle safety
equipment, and shall not extend more than 36 inches from the front
body of the bus or trolley coach when fully deployed. The
handlebars of a bicycle that is transported on a device described
in this subparagraph shall not extend more than 42 inches from
the front of the bus.

(4) A semitrailer while being towed by a motortruck or truck
tractor, if the distance from the kingpin to the rearmost axle of the
semitrailer does not exceed 40 feet for semitrailers having two or
more axles, or 38 feet for semitrailers having one axle if the
semitrailer does not, exclusive of attachments, extend forward of
the rear of the cab of the motortruck or truck tractor.

(5) A bus or house car when the excess length is caused by the
projection of a front safety bumper or a rear safety bumper, or
both. The safety bumper shall not cause the length of the vehicle
to exceed the maximum legal limit by more than one foot in the
front and one foot in the rear. For the purposes of this chapter,
“safety bumper” means any device that is fitted on an existing
bumper or which replaces the bumper and is constructed, treated,
or manufactured to absorb energy upon impact.

(6) A schoolbus, when the excess length is caused by the
projection of a crossing control arm. For the purposes of this
chapter, “crossing control arm” means an extendable and retractable
device fitted to the front of a schoolbus that is designed to impede
movement of pupils exiting the schoolbus directly in front of the
schoolbus so that pupils are visible to the driver while they are
moving in front of the schoolbus. An operator of a schoolbus shall
not extend a crossing control arm while the schoolbus is in motion.
Except when activated, a crossing control arm shall not cause the
maximum length of the schoolbus to be extended by more than 10
inches, inclusive of any front safety bumper. Use of a crossing
control arm by the operator of a schoolbus does not, in and of
itself, fulfill his or her responsibility to ensure the safety of students
crossing a highway or private road pursuant to Section 22112.

(7) A bus, when the excess length is caused by a device, located
in front of the front axle, for lifting wheelchairs into the bus. That
device shall not cause the length of the bus to be extended by more
than 18 inches, inclusive of any front safety bumper.

(8) A bus, when the excess length is caused by a device attached
to the rear of the bus designed and used exclusively for the
transporting of bicycles. This device may be up to 10 feet in length,
if the device, along with any other device permitted pursuant to
this section, does not cause the total length of the bus, including
any device or load, to exceed 50 feet.

(9) A bus operated by a public agency or a passenger stage
corporation, as defined in Section 226 of the Public Utilities Code,
used in transit system service, other than a schoolbus, when the
excess length is caused by a folding device attached to the front
of the bus which is designed and used exclusively for transporting
bicycles. The device, including any bicycles transported thereon,
shall be mounted in a manner that does not materially affect
efficiency or visibility of vehicle safety equipment, and shall not
extend more than 40 inches from the front body of the bus when
fully deployed. The handlebars of a bicycle that is transported on
a device described in this paragraph shall not extend more than 46
inches from the front of the bus. A device described in this
paragraph may not be used on a bus that, exclusive of the device,
exceeds 40 feet in length or on a bus having a device attached to
the rear of the bus pursuant to paragraph (8).

(10) (A) A bus of a length of up to 45 feet when operating on
those highways specified in subdivision (a) of Section 35401.5.
The Department of Transportation or local authorities, with respect
to highways under their respective jurisdictions, may not deny
reasonable access to a bus of a length of up to 45 feet between the
highways specified in subdivision (a) of Section 35401.5 and points
of loading and unloading for motor carriers of passengers as
required by the federal Intermodal Surface Transportation
Efficiency Act of 1991 (Public Law 102-240).

(B) A bus operated by a public agency and on those highways
specified in subparagraph (A) may be equipped with a folding
device attached to the front of the bus that is designed and used
exclusively for transporting bicycles. The device, including all
bicycles transported thereon, may be mounted in a manner that
does not materially affect efficiency or visibility of vehicle safety
equipment, and may not extend more than 36 inches from the front
body of the bus when fully deployed. The handlebars of a bicycle
that is transported on a device described in this subparagraph may
not extend more than 42 inches from the front of the bus. The total
length of the bus, including the folding device or load, may not
exceed 48.5 feet. A Route Review Committee, established under
this subparagraph, shall review the routes where a public agency
proposes to operate a 45-foot bus equipped with a begin delete front mounted end delete
begin insert front-mounted end insert bicycle rack. The Route Review Committee shall
be comprised of one member from the public agency appointed
by the general manager of the public agency; one member who is
a traffic engineer and is employed and selected by the public
agency that has jurisdiction over the largest proportional share of
routes among all affected agencies; and one member appointed by
the labor organization that is the exclusive representative of the
bus drivers of the public agency. If there is no exclusive
representative of the bus drivers, a bus driver member shall be
chosen by a majority vote of the bus drivers employed by the
agency. The members of the Route Review Committee shall be
selected not more than 30 days after receipt of a public agency
proposal to equip a 45-foot bus with a begin delete front mounted end delete begin insert front-mounted end insert
bicycle rack. The review shall include a field review of the
proposed routes. The purpose of the Route Review Committee is
to ensure the safe operation of a 45-foot bus that is equipped with
a begin delete front mounted end delete begin insert front-mounted end insert bicycle rack. The Route Review
Committee, by a unanimous vote, shall make a determination of
which routes are suitable for the safe operation of a 45-foot bus
that is equipped with a begin delete front mounted end delete begin insert front-mounted end insert bicycle rack.
These determinations shall be consistent with the operating
requirements specified in subparagraph (A). It is the intent of the
Legislature that the field review required under this subparagraph
include consultation with traffic engineers from affected public
agencies that have jurisdiction over segments of the route or routes
under review, to ensure coordination with all begin delete effected end delete begin insert affected end insert
state and local public road agencies that may potentially be
impacted due to the operation of a 45-foot bus with a begin delete front mounted end delete
begin insert front-mounted end insert bicycle rack.

(11) (A) A house car of a length of up to 45 feet 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,
with respect to highways under their respective jurisdictions.

(B) A house car described in subparagraph (A) may be operated
on a highway that provides reasonable access to facilities for
purposes limited to fuel, food, and lodging when that access is
consistent with the safe operation of the vehicle and when the
facility is within one road mile of identified points of ingress and
egress to or from highways specified in subparagraph (A) for use
by that vehicle.

(C) As used in this paragraph and paragraph (10), “reasonable
access” means access substantially similar to that authorized for
combinations of vehicles pursuant to subdivision (c) of Section
35401.5.

(D) Any access route established by a local authority pursuant
to subdivision (d) of Section 35401.5 is open for access by a house
car of a length of up to 45 feet. In addition, local authorities may
establish a process whereby access to services by house cars of a
length of up to 45 feet may be applied for upon a route not
previously established as an access route. The denial of a request
for access to services shall be only on the basis of safety and an
engineering analysis of the proposed access route. In lieu of
processing an access application, local authorities, with respect to
highways under their jurisdiction, may provide signing, mapping,
or a listing of highways, as necessary, to indicate the use of these
specific routes by a house car of a length of up to 45 feet.

(c) The Legislature, by increasing the maximum permissible
kingpin to rearmost axle distance to 40 feet effective January 1,
1987, as provided in paragraph (4) of subdivision (b), does not
intend this action to be considered a precedent for any future
increases in truck size and length limitations.

(d) Any transit bus equipped with a folding device installed on
or after January 1, 1999, that is permitted under subparagraph (B)
of paragraph (3) of subdivision (b) or under paragraph (9) of
subdivision (b) shall be additionally equipped with any of the
following:

(1) An indicator light that is visible to the driver and is activated
whenever the folding device is in an extended position.

(2) Any other device or mechanism that provides notice to the
driver that the folding device is in an extended position.

(3) A mechanism that causes the folding device to retract
automatically from an extended position.

(e) (1) A person may not improperly or unsafely mount a
bicycle on a device described in subparagraph (B) of paragraph
(3) of subdivision (b), or in paragraph (9) or (10) of subdivision
(b).

(2) Notwithstanding subdivision (a) of Section 23114 or
subdivision (a) of Section 24002 or any other provision of law,
when a bicycle is improperly or unsafely loaded by a passenger
onto a transit bus, the passenger, and not the driver, is liable for
any violation of this code that is attributable to the improper or
unlawful loading of the bicycle.