HomeMy WebLinkAbout1986-05-13; City Council; 8619; Support Assembly Bill 3641 Stirling0
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TiTLE:
SUPPORT ASSEMBLY BILL 3461. (STIRLING)
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CITYATTY~
CITY MGR.~
RECOMMENDE!1 ACTiON:
Adopt Resolution No.~,i'sJpporting AB 3460 (Stirling).
ITEM EXPLANATION:
The proposed legislation introduced by Assemblyman Larry Stirling would allow
greater flexibility for the removal of unsafe commercial vehicles from highways.
Currently, the only officers authorized to handle this task are California Highway
Patrol officers; however, other law enforcement officials, including police officers
for municipalities and county sheriff's officers do not have this authority.
Assembly Bill 3461 would grant the aforementioned authorities the necessary power
to remove unsafe cotm1ercial vehicles when it is determined that their continued
operation would create a hazard to the motoring public and a California Highway
Patrol officer is unable to respond to the location of the vehicle within a
reasonable time. This measure will enhance the safety of our roadways and reduce
the potential for serious truck acciden•, within the city.
FISCAL IMPACT:
None.
EXHIBITS:
1. Assembly Bill 3461 (Stirling)
2. Resolution NO. t{.t;[/ _
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CALIFOR~lA 1..ECJSL'.TUR£-:,195S-86 REGUL'.R SESSJO!\
ASSEl\iBLY BILL No. 3461
Introduced by Assembly Member Stirling
February 19, 1986
An act to amend Section 24004 of, and to add Sections 261
and 24004.5 to, the Vehicle Code, relating to vehicles.
1..EGISL'.ID'E COU!\SEL'S DIGEST
AB 3461, as introduced, Stirling:·~ommercial vehicles:
unsafe operation.
(1) Under existing law, a peace officer, as defined, is
authorized to prohibit the operation of any vehicle or
combination of vehicles, after he or she gives notice that the
vehicle is in an unsafe condition or is not equipped as required
by the Vehicle Code, except as may be necessary to return the
vehicle to a place where it can be made .to conform to the
Vehicle Code.
Notwithstanding those provisions, the bill would prohibit a
,person from operating a commercial vehicle after specified
notice that the vehicle is in an unsafe condition and poses a
hazard to other persons, thereby imposing a state-mandated
local program by creating a new crime. Those dett::. 11inations
would be made by an officer of the California Highwa)· Patrol
or by other commercial enforcement officers, as defined, if
any such officer finds that a California Highway Patrol officer
cannot respond to the location \\ithin a reasonable time.
(2) The California Constitution requires the state to
reimburse local agencies and school districts for certain costs
mandated by the state. Statutory provisions establis!l
procedures for making that reimbursement.
. This bill would provide that no reimbursement is r.equired
by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
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EXHIBIT "l"
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AB 3461
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State-mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. Section 261 is added to the Vehicle
2 Code, to read:
3 261. A "commercial enforcement officer" is .any
4 officer of the California Highway Patrol, or a deputy
5 sheriff or municipal police office-employed with a Class
6 I county who has completed a 40-hour post approved
7 course in commercial vehicle enforcem1mt and whose
8 primary duties involve traffic enforcement and highway
9 safety.
10 SEC. 2. Section 24004 of the Vehicle Code is amended
11 to read:
12 24004. ~ Except as proYided fn~ection 24004.5 with
13 respect to commercial vehicles, no person ~ may
14 operate any vehicle or combination of vehicles after
15 notice by a peace officer, as defined in Section 830.1 or
16 subdivision (a) of Section 830.2 of the Penal Code, that
17 the vehicle is in an unsafe condition or is not equipped as
18 required by this code, except as may be necessary to
19 return the vehicle or combination of vehicles to the
20 residence or place of business of the o,vner or driver or
21 to a garage, until the vehicle and its equipment have
22 been made to conform with the requirements of this
23 code.
24 !Ffte proti·:isieM ef tffl5 This section~ does not apply
25 to an employee who does not kno,i,,• that ~ the notice
26 has been issued, and in ~ that event ~ fH'O'Vi!-ions ef
27 Section 40001 shaH ee is applicable.
28 SEC. 3. Section· 24004.5 is added to the Vehicle Code,
29 to read:
30 24004.5. Non,·ithstanding Section 24004, no person
31 may operate a commercial vehicle after notice by an
32 officer of the California Highway Patrol that the vehicle
33 is in an unsafe condition and that its operation would pose
~ a hazard to other persons. In that case, further operation
35 of the vehicle is prohibited until it is in a safe condition
36 and its operation would not pose a hazard to other
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·-3-AB 3461
l persons. Other commercial enforcement officers, as
2 defined in Section 261, may make those determinations
3 only after finding that a California High~!ay Patrol officer
4 is unable to respond to the location of the vehicle within 5 a reasonable time.
6 SEC •• 4. No reimburse4nent is required by this act
1 pursuant to Section 6 of Article XIII B ·of the California
8 Constitution because the only costs which may be
9 incurred by a local agency or school district will be
10 incurred because this act creates a new crime or
--fa infraction, changes the definition of a crime or infraction,
12 changes the penalty for a crime or infraction, or
13 eliminates a crime or. infraction.
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II
RESOLUTION NO. 8554
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CARLSBAD, CALIFORNIA,
IN SUPPORT OF ASSEMBLY BILL 3461:
TO ALLOW GREATER FLEXIBILITY FOR
THE REMOVAL OF UNSAFE COMMERCIAL
VEHICLES FROM HIGHWAYS
WHEREAS, State Assmeblyman Larry Stirling has introduced legislation
which will help to improve the overall safety of our highways in the state
and in the City of Carlsbad; and
WHEREAS, currently, California Highway Patrol officers are the only
law enforcement officials authorized to effect the removal of unsafe corrmercial
vehicles from highways; and
WHEREAS, the new legislat~on would allow police officers of
municipalities and county sheriffs' officers this authority when a California
Highway Patrol officer is not available within a reasonable time; and
WHEREAS, this measure will enhance the safety of our roadways and
could result in a reduction of serious truck accidents;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, as follows:
1. That the above recitations are true and correct.
2. That the City Council does hereby support Assembly Bill 3461
which wi 1 l allow greater flexibility for the removal of unsafe corrvnercial
vehicles from highways.
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l PASSED, APPROVED AND ADOPTED at a regular meeting of the City
2 Council of the City of Carlsbad, California on the 13th day of May , -------3 ~ 1986, by the following vote, to wit:
4 AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
5 NOES: None
6 ABSENT: None
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MARYR.cl.ER, Mayor
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11 ATTEST:
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14 ALETHA L. RAUTENKRANZ, City Cler
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16 (SEAL)
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