California 2019 2019-2020 Regular Session

California Assembly Bill AB158 Introduced / Bill

Filed 01/07/2019

                    CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 158Introduced by Assembly Member VoepelJanuary 07, 2019 An act to amend Section 21718 of the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGESTAB 158, as introduced, Voepel. Vehicles: parking or stopping.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.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 21718 of the Vehicle Code is amended to read:21718. (a) No A person shall not stop, park, or leave standing any a vehicle upon a freeway which 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 any a person is actually engaged in maintenance or construction on freeway property property, or any an employee of a public agency is actually engaged in the performance of official duties.(4) When any 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 any 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.

 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 158Introduced by Assembly Member VoepelJanuary 07, 2019 An act to amend Section 21718 of the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGESTAB 158, as introduced, Voepel. Vehicles: parking or stopping.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.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 





 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION

Assembly Bill No. 158

Introduced by Assembly Member VoepelJanuary 07, 2019

Introduced by Assembly Member Voepel
January 07, 2019

 An act to amend Section 21718 of the Vehicle Code, relating to vehicles. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 158, as introduced, Voepel. Vehicles: parking or stopping.

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.

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.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 21718 of the Vehicle Code is amended to read:21718. (a) No A person shall not stop, park, or leave standing any a vehicle upon a freeway which 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 any a person is actually engaged in maintenance or construction on freeway property property, or any an employee of a public agency is actually engaged in the performance of official duties.(4) When any 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 any 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.

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

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

SECTION 1. Section 21718 of the Vehicle Code is amended to read:21718. (a) No A person shall not stop, park, or leave standing any a vehicle upon a freeway which 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 any a person is actually engaged in maintenance or construction on freeway property property, or any an employee of a public agency is actually engaged in the performance of official duties.(4) When any 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 any 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.

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

### SECTION 1.

21718. (a) No A person shall not stop, park, or leave standing any a vehicle upon a freeway which 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 any a person is actually engaged in maintenance or construction on freeway property property, or any an employee of a public agency is actually engaged in the performance of official duties.(4) When any 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 any 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.

21718. (a) No A person shall not stop, park, or leave standing any a vehicle upon a freeway which 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 any a person is actually engaged in maintenance or construction on freeway property property, or any an employee of a public agency is actually engaged in the performance of official duties.(4) When any 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 any 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.

21718. (a) No A person shall not stop, park, or leave standing any a vehicle upon a freeway which 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 any a person is actually engaged in maintenance or construction on freeway property property, or any an employee of a public agency is actually engaged in the performance of official duties.(4) When any 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 any 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.



21718. (a) No A person shall not stop, park, or leave standing any a vehicle upon a freeway which 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 any a person is actually engaged in maintenance or construction on freeway property property, or any an employee of a public agency is actually engaged in the performance of official duties.

(4) When any 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 any 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.