BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 1318| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ CONSENT Bill No: SB 1318 Author: Senate Transportation and Housing Committee Amended: 4/14/10 Vote: 21 SENATE TRANSPORTATION & HOUSING COMMITTEE : 8-0, 4/20/10 AYES: Lowenthal, Huff, Ashburn, DeSaulnier, Kehoe, Oropeza, Pavley, Simitian NO VOTE RECORDED: Harman SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 SUBJECT : 2010 transportation omnibus bill SOURCE : Author DIGEST : This bill makes non-controversial changes to sections of law relating to transportation and housing. ANALYSIS : This bill includes the following provisions: 1. Repeal an outdated section . Current law requires the California Transportation Commission to report to the Legislature on or before February 1, 1999, and on or before February 1, 2001, assessing the relative success of the provisions of SB 45 (Kopp), Chapter 622, Statutes of 1997, in achieving the Legislature's intent for reform of the state transportation improvement program, and assessing program delivery, expenditure of funds at both regional and statewide levels, and program CONTINUED SB 1318 Page 2 performance. This section also sets out various requirements for the 1998 State Transportation Improvement Program (STIP). These dates have long passed, and the 1998 STIP has long since been superseded. This bill repeals this outdated section. 2. San Diego Association of Governments (SANDAG) reporting requirements . In 2002 and 2003, the Legislature enacted bills (SB 1703 [Peace], Chapter 743, Statutes of 2002 and AB 361 [Kehoe], Chapter 508, Statutes of 2003) that consolidated various transit agencies in San Diego County and required SANDAG to report on the consolidation. The consolidation is now complete and SANDAG would like to stop sending the reports to save money. This bill repeals this reporting requirement. 3. Definition of "utility trailer" . The Vehicle Code used to contain a definition of "utility trailer". That definition was inadvertently deleted in 2001, creating ambiguity elsewhere in the Vehicle Code where the term is used. The Department of the California Highway Patrol (CHP) has received numerous requests from enforcement personnel and the public for a definition, because this term is used in various statutes. For example, Section 34601 of the Vehicle Code provides an exemption from the definition of "commercial motor vehicle" for certain motor trucks towing a utility trailer. In addition, the term is used in conjunction with other safety related statutes relating to trailer brake requirements, motor carrier permit requirements, applicability of safety inspection programs, and registration. This bill adds a definition of "utility trailer" to the Vehicle Code. 4. Out of service orders . AB 3049 (Assembly Transportation Committee), Chapter 952, Statutes of 2004, amended Section 2800 of the Vehicle Code to allow enforcement officers to take enforcement action against a driver or motor carrier that violated any Out-Of-Service (OOS) order issued in compliance with federal regulations. This section was amended again by AB 3011 (Benoit), Chapter 288, Statutes of 2006, to include OOS orders issued by foreign jurisdictions. However, a last minute amendment re-instated Sections 395.13 (Authority to SB 1318 Page 3 Declare Drivers Out of Service) and 396.9 (Inspection of Motor Vehicles and Intermodal Equipment in Operations) of Title 49 of the Code of Federal Regulations. This limited law enforcement's ability to take appropriate enforcement action against a driver or motor carrier for violating only hours of service and inspection/maintenance requirements. California law enforcement currently cannot take appropriate enforcement action for violating OOS orders for driver's license, operating authority, insurance, and registration requirements. Under federal regulations California must have and enforce laws and/or regulations applicable to drivers of commercial motor vehicles and their employers, which meet the minimum federal requirements. The Federal Motor Carrier Safety Administration (FMCSA) audits California every three years, and the federal government may withhold highway funding if California is found in non-compliance. In addition, the state could be de-certified from issuing, renewing, upgrading, or transferring commercial driver licenses. The November 2008 Commercial Driver License audit conducted by FMCSA contained a finding against the state concerning limited OOS language in Section 2800 of the Vehicle Code. This bill allows law enforcement to enforce out-of-service orders for a greater range of offenses. 5. License plate mounting . There is no requirement under current law for license plates to be mounted parallel to the ground with the characters upright. Motorcycles frequently have license plates displayed sideways or perpendicular to the intended display position. This bill requires license plates to be mounted parallel with the ground so that the characters are upright. 6. Regulations for the transport of hazardous materials . As a signatory to the Commercial Vehicle Safety Alliance (CVSA), the Department of Transportation (Caltrans) adopts federal regulation relating to the transport of hazardous material. Caltrans is currently working from outdated federal regulations adopted on October 1, 1999, and is therefore out of compliance with the CVSA requirements and cannot legally require a driver to present a federal "Safety Permit" (Hazardous Material SB 1318 Page 4 License). Caltrans commercial enforcement personnel must know the October 1, 1999 regulations and the current federal Hazardous Material regulations, so that enforcement personnel do not cite a 1999 violation which no longer exists. Additionally, enforcement personnel cannot cite for a violation that was not in the 1999 federal regulations; they can only document the violation in the body of an inspection report. This bill requires Caltrans to enforce the current version of federal regulations relating to the transport of hazardous materials. 7. Correcting a cross-reference relating to ambulance drivers . Current law establishes the pull-notice system, which provides the employer of a driver who drives a specified type of vehicle, including hazardous materials and passenger vehicles, with a report showing the driver's current public record and any subsequent convictions, driver's license revocations, failures to appear, accidents, driver's license suspensions, driver's license revocations, or any other actions taken against the driving privilege. With respect to ambulance drivers, current law cross-references the incorrect section. This bill corrects the mistaken cross-reference. 8. Correcting a cross-reference relating to transport of radioactive materials . Current law prohibits a person from knowingly directing the operation of a vehicle transporting fissile class III shipments or large quantity radioactive materials by an individual who does not possess a license of the appropriate class with a radioactive materials driver's certificate, authorizing that transportation, attached to the licenses. This section currently references an incorrect federal regulation. This bill corrects this cross-reference. 9. Cross-referencing a definition . Current law references the wrong paragraph and subsection within the statute that requires the driver of specified vehicles to stop before crossing a railroad grade crossing. This bill corrects the erroneous cross-reference. 10. Reorganizing headlamp law . In California's current SB 1318 Page 5 headlamp law, paragraph (1) of subdivision (a) is the equipment requirement, a correctable violation. Paragraph (2) is the operation requirement, a moving violation. A technical problem exists with the DMV's computer system. That system does not discern code sections beyond the sixth character. The use of paragraphs (1) and (2) in subdivision (a) of this section requires the use of seven characters. This bill reorganizes the existing provisions so that paragraphs are not used in any of the subdivisions. 11. Reorganizing vehicle lighting law . Current law, pertaining to the unlawful sale and use of vehicle lighting equipment and safety glazing material is classified as a correctable violation. However, the act of selling unlawful equipment cannot be corrected and should, therefore, not be a correctable violation. This bill divides the current section into two subdivisions. Subdivision (a) would pertain to the sale, or offer for sale, of specified prohibited items for use upon, or as part of the equipment of, a vehicle. This subdivision would not be correctable. Subdivision (b) would pertain to the use of the same prohibited items upon, or as part of the equipment of, a vehicle. The provisions of this subdivision would remain correctable. 12. Airbrake pressure gauges . Current law requires airbrake gauges to be visible to the driver at all times. Federal Motor Vehicle Safety Standards require that the airbrake pressure gauge be readily visible to a person when seated in the driving position. The standard does not require the gauge to be visible to the driver at all times. Therefore, state law is in conflict with the federal standard. This bill conforms state law to the federal standard. 13. Commercial motor vehicle load securement . This bill makes minor, conforming language changes pertaining to commercial motor vehicle load securement. 14. Foreign motor carriers . Current law provides regulations for foreign motor carriers. Specifically, the law provides specific prohibitions applicable to those foreign motor carriers required to have a SB 1318 Page 6 certificate of registration issued by the United States Department of Transportation (USDOT). The current language does not correctly cite the regulations for Mexican motor carriers which are part of the USDOT's demonstration project. This bill includes the appropriate sections for referencing Mexican motor carriers. 15. Disabled parking placards . Current law requires that drivers using a disabled parking placard suspend the placard from the rearview mirror or, if there is no rearview mirror, display it on the dashboard. In some new luxury cars, Volvos being one example, have sharply angled and tinted glass behind the rearview mirror, making it difficult for a parking enforcement officer to see a placard suspended from the mirror and subjecting drivers to erroneous citations. To address this problem, some of these manufacturers have installed a clear plastic clip along the driver's side of the front window, and their owner's manuals suggest that the driver should place any disabled placard in that clip to make it clearly visible to parking enforcement officers, but current law does not recognize this manner as a legal placement of the placard. This bill allows a driver to display a disabled placard by inserting it in a clip installed by the manufacturer for that purpose. 16. Clarifying change to the Alameda-Contra Costa (AC) Transit board compensation provisions . In 2007, AC Transit sponsored AB 490 (Hancock), Chapter 213, Statutes of 2007, which increased the compensation level for board members from $500 per month to $1,000 per month if specified attendance requirements are met. This bill was intended to mirror the law which governs the compensation for Bay Area Rapid Transit (BART) Board members. BART and AC Transit are the only transit districts in California with independently elected boards. Unfortunately, AC Transit has discovered that its section requires attendance at all scheduled meetings, not just scheduled regular meetings as the BART's law refers to. At times, it is necessary to schedule special board meetings to address emergencies or other urgent issues. The omission of the word "regular" in AC Transit's section has resulted in board SB 1318 Page 7 members being penalized for missing a special meeting that is scheduled at time when the board member is unable to attend. This bill allows AC Transit board members to receive their monthly stipends for attending all scheduled regular meetings. 17. Transportation Development Act (TDA) expenditures by the Imperial County Transportation Commission . In 2009, the Legislature enacted SB 607 (Ducheny), Chapter 56, creating the Imperial County Transportation Commission (ICTC). As currently written, the law allows ICTC to use up to three percent of the TDA revenue to which it is entitled for carrying out its responsibilities. ICTC would like to limit the expenditure of the three percent funds to its planning and programming responsibilities. This limitation is similar to that imposed by statute on the other county transportation commissions in Southern California. This bill limits ICTC to spending three percent of TDA revenues on planning and programming responsibilities. 18. Bicycles passing on the right . The central principle governing one road user overtaking another is to always pass on the left, when safe and as permitted. Some exceptions to this rule in current statute refer only to a "driver of a motor vehicle." This language can be interpreted to mean that bicycle traffic does not enjoy exceptions to the general prohibition of passing on the right, even for safe, reasonable and otherwise legal movements. Given that the Vehicle Code establishes the general equivalence of rights and responsibilities for drivers and bicyclists, it is appropriate to clarify the ability of bicyclists to pass on the right in specified situations. This bill clarifies that bicyclists may pass on the right under the same conditions as motorists. 19. Map name change . California's speed trap law refers to "federal aid system maps." According to Caltrans, the general public and CHP are confused over where these maps are available. These maps are obsolete and have been replaced by the California Road System maps. This bill updates the reference to the map. SB 1318 Page 8 20. Relinquishment clean-up . Each route in the State Highway System (SHS) is specifically identified and described in statute. Frequently, local jurisdictions seek to acquire portions of state highway within their jurisdiction in order to install traffic calming features or to make other design changes that are inconsistent with SHS standards. Typically, Caltrans will agree to relinquish a portion of state highway to a local jurisdiction, provided that the segment of highway does not serve as a primary role in supporting interregional travel. Once Caltrans and the local agency agree on terms of the relinquishment, the agreement must be approved by the California Transportation Commission (CTC) before it can be finalized. Once the agreement receives CTC approval, it can be recorded. Following the recording of the relinquishment, the route description in the Streets and Highways Code needs to be amended and to include standard boiler plate language. Some old relinquishment statutes do not conform to the standard format. This bill cleans up a number of old relinquishment statutes so that they conform to the standard format. 21. Obsolete code reference elimination . Section 21669.6 of the Public Utilities Code includes a reference to a section that no longer exists. This bill deletes the obsolete cross reference. 22. Social security number security change . Current law requires contractors to submit payroll records to Caltrans that include employees' full social security numbers. This bill requires contractors to provide only the last four digits of employees' social security numbers. 23. Technical amendments to the TDA . The TDA currently refers to the Los Angeles County Transportation Commission, which has been superseded by the Los Angeles County Metropolitan Transportation Authority. This bill updates these references in the TDA. Comments SB 1318 Page 9 Purpose of the bill . The Senate Transportation and Housing Committee is authoring this bill as a means of combining multiple, non-controversial changes to statutes into one bill, so that the Legislature can make minor amendments in a cost-effective manner. Consistent with the committee policy on committee omnibus bills, there is no known opposition to any item in the bill, and if concerns arise that cannot be resolved, the provision of concern will be deleted from the bill. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes JJA:mw 5/4/10 Senate Floor Analyses SUPPORT/OPPOSITION: NONE RECEIVED **** END ****