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AB-1101 Vehicles: State Highway Route 101: carriers of livestock.(2013-2014)



Current Version: 07/16/14 - Chaptered         Compare Versions information image


AB1101:v95#DOCUMENT

Assembly Bill No. 1101
CHAPTER 126

An act to amend Section 35401.7 of the Vehicle Code, relating to vehicles.

[ Approved by Governor  July 16, 2014. Filed with Secretary of State  July 16, 2014. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 1101, Chesbro. Vehicles: State Highway Route 101: carriers of livestock.
(1) Existing law exempts, until January 1, 2015, licensed carriers of livestock from certain limitations of access upon highways when those carriers are directly en route to or from a point of loading or unloading of livestock on specified portions of State Highway Route 101, if the travel is necessary and incidental to the shipment of the livestock, and certain conditions are met.
This bill would extend the operation of that exemption until all specified route improvements are completed, and the Director of Transportation makes a determination that a certain combination of vehicles is authorized to operate on specified portions of State Highway Route 101.
(2) Existing law requires the Director of Transportation to notify the Secretary of State if, prior to January 1, 2012, the director determines that the removal of certain trees is the only possible adjustment to State Highway Route 101 that would accommodate truck sizes allowed to travel on specified portions of State Highway Route 101 pursuant to the exemption described in (1) above, the notification of which would repeal that exemption.
Existing law also requires the Director of Transportation to notify the Secretary of State if, prior to January 1, 2015, the director determines that safety improvements to specified portions of State Highway Route 101 have resulted in the reclassification of the entire segment as a terminal access route, as specified, the notification of which would repeal the exemption described in (1) above.
This bill would extend the operation of those provisions to the date that all specified route improvements are completed, and the Director of Transportation makes a determination that a certain combination of vehicles is authorized to operate on specified portions of State Highway Route 101.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 35401.7 of the Vehicle Code is amended to read:

35401.7.
 (a) The limitations of access specified in subdivision (d) of Section 35401.5 do not apply to licensed carriers of livestock when those carriers are directly en route to or from a point of loading or unloading of livestock on those portions of State Highway Route 101 located in the Counties of Del Norte, Humboldt, and Mendocino from its junction with State Highway Route 1 near Leggett north to the Oregon border, if the travel is necessary and incidental to the shipment of the livestock.
(b) The exemption allowed under this section does not apply unless all of the following conditions are met:
(1) The length of the truck tractor, in combination with the semitrailer used to transport the livestock, does not exceed a total of 70 feet.
(2) The distance from the kingpin to the rearmost axle of the semitrailer does not exceed 43 feet.
(3) The length of the semitrailer does not exceed a total of 48 feet.
(c) The exemption allowed under this section does not apply to travel conducted on the day prior to, or on the day of, any federally recognized holiday.
(d) (1) Because route improvements in Richardson Grove that will allow the combination of vehicles described in Section 35401.5 to fully operate on all portions of State Highway Route 101 located in the Counties of Del Norte, Humboldt, and Mendocino are ongoing and not yet completed, this section shall remain in effect only until both of the following conditions are satisfied:
(A) All route improvements in Richardson Grove are completed without restraint, including, but not limited to, judicial or injunctive restraints.
(B) The Director of Transportation determines that the combination of vehicles described in Section 35401.5 is authorized to operate on all portions of State Highway Route 101 located in the Counties of Del Norte, Humboldt, and Mendocino. When the director makes the determination described in this subparagraph, the director shall post a declaration on the Internet Web site of the Department of Transportation.
(2) This section is repealed as of the date that the declaration described in subparagraph (B) of paragraph (1) is posted on the Department of Transportation’s Internet Web site.
(3) The declaration described in subparagraph (B) of paragraph (1) shall state that it is being made pursuant to this section.
(e) (1) If prior to the completion of the route improvements in Richardson Grove as described in paragraph (1) of subdivision (d), the Director of Transportation determines that the only adjustment to State Highway Route 101 possible to accommodate the truck sizes allowed to travel on portions of State Highway Route 101, pursuant to subdivisions (a) and (b), is the removal of any tree that has a diameter of 42 inches or greater, measured outside the bark, at 12 inches above ground on the side adjacent to the highest ground level, the director shall notify the Secretary of State of that determination.
(2) If prior to the completion of the route improvements in Richardson Grove as described in paragraph (1) of subdivision (d), the Director of Transportation determines that safety improvements to the portion of State Highway Route 101 described in subdivision (a) have resulted in the reclassification of the entire segment as a terminal access route pursuant to subdivision (d) of Section 35401.5, the director shall notify the Secretary of State of that determination.
(3) The notice required under paragraph (1) or (2) shall state that it is being made pursuant to this section.
(4) This section is repealed on the date the Secretary of State receives either of the notices described in this subdivision.