California Assembly Bill AB1772 Amended / Bill

 BILL NUMBER: AB 1772AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 7, 2010 INTRODUCED BY Assembly Member Mendoza FEBRUARY 9, 2010 An act to add Section 35559 to the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST AB 1772, as amended, Mendoza. Vehicles:  gross vehicle   group axle  weight  exemption  : idle reduction technology. (1) Existing law imposes a maximum gross vehicle weight limit on a vehicle or combination of vehicles based on the number of axles of the vehicle or combination of vehicles. Existing law authorizes the Department of Transportation to fix the maximum weight limit of a vehicle operating on a highway after the department makes specified determinations. Existing law authorizes, with specified exemptions, a city, county, or city and county to prohibit the use of a street by a vehicle exceeding a maximum gross weight limit the city, county, or city and county has established according to prescribed requirements by ordinance. Existing law authorizes the department, and a city or county satisfying specified criteria, to establish the gross vehicle weight that a bridge or other structure will sustain safely.  For purposes of any laws under which maximum gross vehicle weight limits are established, this   This  bill would authorize a vehicle  subject to those provisions  that is equipped with idle reduction technology to exceed  those maximum limits   the group axle weight limit  by the weight of the idle reduction technology, as defined, or not more than 400 pounds, whichever is less. The bill would require a vehicle operator, upon request, to provide proof that the idle technology is fully functional at all times and the  gross vehicle   excess  weight  increase  is not for any purpose other than for the use of the idle reduction technology. Because a violation of this requirement would be a crime, this bill would impose a state-mandated local program. (2) 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. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 35559 is added to the Vehicle Code, to read:  35559. (a) The gross vehicle weight of a vehicle subject to Section 35550, 35551, or 35551.5 that is equipped with idle technology may exceed the maximum limits set forth in those sections by not more than 400 pounds or the weight of the idle reduction technology, whichever is less. (b) Notwithstanding other laws under which maximum gross vehicle weights are established, the maximum gross vehicle weight limit, bridge formula limit, and axle weight limit for a vehicle or combination of vehicles equipped with idle reduction technology may exceed the maximum limits established under those laws by not more than 400 pounds or the weight of the idle reduction technology, whichever is less.   35559.   (a) A vehicle or a combination of vehicles that is subject to Section 35550, 35551, or 35551.5 and that is equipped with idle technology may exceed the group axle weight limit established under those sections by not more than 400 pounds or the weight of the idle reduction technology, whichever is less.   (b) The weight exemption specified in subdivision (a) may only be applied to an axle group on the truck tractor and may apply only one time per vehicle combination, regardless of the number of axles in the vehicle combination.  (c) Upon request by an appropriate law enforcement officer, the vehicle operator shall provide proof that the idle technology is fully functional at all times and the  gross vehicle weight increase   excess weight over the group axle weight limit  is not for any purpose other than for the use of the idle reduction technology. (d) For the purposes of this section, "idle reduction technology" has the same meaning as that set forth in Section 16104 of Title 42 of the United States Code. 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.