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AB-2115 Vehicles: passing and overtaking: waste service vehicles.(2017-2018)

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Date Published: 02/08/2018 09:00 PM
AB2115:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2115


Introduced by Assembly Member Santiago

February 08, 2018


An act to add Section 21761 to the Vehicle Code, relating to vehicles.


LEGISLATIVE COUNSEL'S DIGEST


AB 2115, as introduced, Santiago. Vehicles: passing and overtaking: waste service vehicles.
Existing law requires the driver of a vehicle overtaking another vehicle proceeding in the same direction to pass to the left at a safe distance without interfering with the safe operation of the overtaken vehicle, as specified. Existing law requires the driver of a vehicle overtaking any interurban electric or streetcar stopped or about to stop for the purpose of receiving or discharging any passenger to stop the vehicle to the rear of the nearest running board or door of the car and remain standing until all passengers have boarded the car, or upon alighting have reached a place of safety, except as provided. A violation of these provisions is an offense.
This bill would require the driver of a vehicle overtaking a stopped waste service vehicle, as defined, to pass at a safe distance without interfering with the safe operation of the waste service vehicle, and at a speed not exceeding 15 miles per hour. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 21761 is added to the Vehicle Code, to read:

21761.
 (a) The driver of a vehicle overtaking a stopped waste service vehicle shall pass at a safe distance without interfering with the safe operation of the waste service vehicle, at a speed not exceeding 15 miles per hour.
(b) For purposes of this section, “waste service vehicle” means any garbage collection vehicle, including a vehicle collecting recyclables or yard waste, that is used for curbside collection and makes frequent stops.
(c) The speed limit set forth in subdivision (a) applies only under the following circumstances:
(1) The waste service vehicle is readily identifiable as a waste service vehicle based on the vehicle configuration or markings on the vehicle.
(2) The waste service vehicle displays flashing lights.
(d) Subdivision (a) does not apply to a waste service vehicle that is located on a private driveway, highway, or a road or highway with a center line and more than two lanes.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.