BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  SB 1318|
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                                    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  Repeal an outdated section  .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  
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             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             superseded.  This bill repeals this outdated section.  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  







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             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  







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             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  







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             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  







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             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  







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             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. 
          







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          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
           







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           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

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