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AB-158 Roadside rest areas: commercial vehicles: parking.(2019-2020)

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Date Published: 02/26/2019 09:00 PM
AB158:v98#DOCUMENT

Amended  IN  Assembly  February 26, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 158


Introduced by Assembly Member Voepel

January 07, 2019


An act to amend Section 21718 of the Vehicle Code, relating to vehicles. An act to add and repeal Section 219.5 of the Streets and Highways Code, relating to state highways.


LEGISLATIVE COUNSEL'S DIGEST


AB 158, as amended, Voepel. Vehicles: parking or stopping. Roadside rest areas: commercial vehicles: parking.
Existing law requires the California Transportation Commission and the Department of Transportation to plan, design, and construct a system of safety roadside rests on the state highway system outside of units of the state park system, and requires the department, in designing safety roadside rests, to design only those safety roadside rests that are reasonably economical and will provide the motorist a place where the motorist may stop for a short time during daytime and nighttime hours.
This bill would require the Department of Transportation, in consultation with the Department of the California Highway Patrol, to conduct a study evaluating the capacity of the state to provide adequate parking and rest facilities for commercial vehicles engaged in transportation. The bill would require the study to assess the volume of commercial motor vehicle traffic in the state and to develop a system of metrics to measure the adequacy of commercial motor vehicle parking facilities in the state.
The bill would require the department, on or before January 1, 2021, to prepare and submit a report of its findings based on the study to the appropriate policy and fiscal committees of the Legislature. The bill would repeal its provisions as of January 1, 2024. The bill would require the report to be posted on the department’s internet website.

Existing law prohibits a person from stopping, parking, or leaving standing a vehicle upon a freeway that has full control of access and no crossings at grade, with specified exceptions. A violation of that prohibition is a crime. Existing law also imposes hours of service limitations on drivers of certain vehicles regulated by the Department of the California Highway Patrol.

This bill would exempt from that stopping, parking, and standing prohibition drivers of specified vehicles who are unable, due to a lack of available parking spaces, to park their vehicles at a truck stop or rest area within applicable hours of service limitations, and would make other technical changes.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 219.5 is added to the Streets and Highways Code, to read:

219.5.
 (a) The department, in consultation with the Department of the California Highway Patrol, shall conduct a study evaluating the capacity of the state to provide adequate parking and rest facilities for commercial vehicles engaged in transportation. The study shall assess the volume of commercial motor vehicle traffic in the state and develop a system of metrics to measure the adequacy of commercial motor vehicle parking facilities in the state.
(b) The department shall prepare and submit a report of its findings based on the study to the appropriate policy and fiscal committees of the Legislature on or before January 1, 2021. The report shall also be posted on the department’s internet website.
(c) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SECTION 1.Section 21718 of the Vehicle Code is amended to read:
21718.

(a)A person shall not stop, park, or leave standing a vehicle upon a freeway that has full control of access and no crossings at grade except:

(1)When necessary to avoid injury or damage to persons or property.

(2)When required by law or in obedience to a peace officer or official traffic control device.

(3)When a person is actually engaged in maintenance or construction on freeway property, or an employee of a public agency is actually engaged in the performance of official duties.

(4)When a vehicle is so disabled that it is impossible to avoid temporarily stopping and another vehicle has been summoned to render assistance to the disabled vehicle or driver of the disabled vehicle. This paragraph applies when the vehicle summoned to render assistance is a vehicle owned by the donor of free emergency assistance that has been summoned by display upon or within a disabled vehicle of a placard or sign given to the driver of the disabled vehicle by the donor for the specific purpose of summoning assistance, other than towing service, from the donor.

(5)Where stopping, standing, or parking is specifically permitted. However, buses may not stop on freeways unless sidewalks are provided with shoulders of sufficient width to permit stopping without interfering with the normal movement of traffic and without the possibility of crossing over fast lanes to reach the bus stop.

(6)Where necessary for a person to report a traffic accident or other situation or incident to a peace officer or any person specified in paragraph (3), either directly or by means of an emergency telephone or similar device.

(7)When necessary for the purpose of rapid removal of impediments to traffic by the owner or operator of a tow truck operating under an agreement with the Department of the California Highway Patrol.

(8)When a driver of a vehicle described in Section 34500 is unable, due to a lack of available parking spaces, to park the vehicle at a rest area or truck stop within the hours of service limitations in Sections 34501 and 34501.2.

(b)A conviction of a violation of this section is a conviction involving the safe operation of a motor vehicle upon the highway if a notice to appear for the violation was issued by a peace officer described in Section 830.1 or 830.2 of the Penal Code.