The URL can be used to link to this page

Home My WebLink AboutAGENDA REPORT 1995 0419 CC REG ITEM 11HITEM II • N. f 100RPAW, CAUr C" City Council Mewl ,,,j Of �/- / `i 199 ,( ACTION• ' '- . /%c�•r!/ AGENDA REPORT CITY OF MOORPARK TO: Honorable City Council n FROM: Mary R. Lindley, Assistant to the City Managerl,.l DATE: April 10, 1995 (CC Meeting for April 19) SUBJECT: Consider Truck Inspection Legislation Language Background One of the City's 1994/95 objectives is to pursue legislation that would authorize the City's law enforcement officers to stop and inspect trucks traveling the Highway 118 through Moorpark. Such authorization would discourage trucks that do not meet safety requirements and that use Highway 118 to evade inspection on the 101 Freeway. Legislation has beE Hunter, Lt. Rouse, legislation is AB Takasugi. It has revised slightly. comment. �n drafted with the assistance of Councilmember and the Assistant to the City Manager. The 1669 and is being sponsored by Assemblyman been reviewed by a legislative analyst and The bill has been sent back to the City for Several jurisdictions have sought authorization for their law enforcement officers to stop and inspect trucks in the past. Each have failed due to strong opposition from the California Highway Patrol and the trucking industry. Those past attempts included language that would have given authority for truck inspection to any law enforcement officer. In an attempt to lessen the CHP's concerns, staff narrowed the authorization down to law enforcement officers within jurisdictions faced with circumstances similar to Moorpark's. Specifically, the draft. legislation states that inspections can be conducted by law enforcement officer on highways meeting both of the following: 1. The highway does not have a commercial vehicle inspection facility within the City or county that employs the law enforcement officer. 00 'S2 Truck Inspection Legislation April 10, 1995 Page 2 2. The route of highway significantly parallels, in close proximity, another highway that has a commercial vehicle inspection facility within the city or county that employs the law enforcement officer. In addition to the authority to stop and conduct truck inspections, the draft legislation, as currently written, also includes: 1. The CHP commissioner will adopt rules and regulations to establish a program to allow law enforcement officers to conduct commercial vehicle inspections. Such a program shall contain the following: a. Minimum training requirements. b. Issuance of certificates of completion for the officers. C. Audits to be conducted by the CHP of the inspections. d. A schedule of fees to be paid by the employers of the law enforcement officers to cover the cost of conducting the program. 2. Law enforcement officers will be able to remove and place in storage any vehicle which is in an unsafe condition. All towing and storage fees shall be paid by the owner. The last day the bill can be heard by the Assembly Transportation Committee is April 17. If the bill does get heard, it will be forwarded to the Finance Committee and the City will have an opportunity to request changes. The following are changes staff recommends if the opportunity arises: 1. Insert the word "permanent" where referring to highways without commercial inspection facilities. 2. Change Section 2, d. to read as follows: "A schedule of fees, to be paid by the employers of the peace officers, to cover the cost of training and certification of the officers that will be conducting inspections." Recommendation Staff recommends that the City Council provide suggested changes to the AB 1669 to be forwarded to Assemblyman Takasugi's office. 0015-3 APR 04 '95 10 :53AM ASSEMBLYMAN TAKASUGI 21939 03/31/95 3:08 PM RN9516607 PAGE 1 Substantive AMENDMENTS TO ASSEMBLY BILL NO. 1669 P.1 Amendment 1 insert; In line 1 of the title, strike out "Section 2806 of" and � Sections 2813, 2813.5, 34501.4, and 34506.4 of, and to add Sections 2423 and 2813.7 to, Amendment 2 On page 1, strike out line 1 and insert: SECTION 1. The Legislature finds and declares all of the following; (a) The compliance by commercial vehicles with safety and other requirements of law is of the utmost concern to the people of this state, and, for that reason, it is necessary to provide for the enforcement by local authorities of provisions relating to commercial vehicle size, weight, equipment, and smoke emissions, commercial vehicle driver's license and log book requirem nts, and commercial vehicle safety requirements. w; 'Wniavleol (b) When a highway alcommercial vehicle inspectlon.fa t1ity parallels, in close proximity, a highway w�ik 'a ctmiaiercial vehicle inspection facility, drivers of commercial vehicles that do not meet safety requirements often evade inspections by taking the route that does not have an inspection facility. Because this practice increases the safety risks to the motoring public, it is necessary to authorize local authorities to conduct commercial vehicle inspections. SEC. 2. Section 2423 is added to the Vehicle Code, to read s 2423. The commissioner shall adopt rules and regulations to establish a program to allow peace officers who are not employees of the department to conduct commercial vehicle inspections. The rules and regulations adopted by the department shall include, but need not be limited to, all of the following: (a) Minimum training requirements. (b) The issuance of certificates of completion. (c) Audits, to be conducted by the department, of the inspections. .a (d) A schedule of fees, to be paid by the employers of the peace officers, to cover the costs of < SEC. 3. Section 2813 of the Vehicle Code is amended to � y' (V" p. Y1J (fit i t i !' 4 I c f r�- Jv, - Post It° brand fax transmittal memo 7871 J#Gf pw$ co. _ 00'54 APR 4 195 10:52 q1 r, 7�:)a rlpgq por_r-, nrni -P,,PR 04 195 10 :54AM ASSEMBLYMAN TAKASUGI P.2 03/31/95 3 :08 PM 21939 RN9516607 PAGE 2 Substantive read: 2813. Every driver of a commercial vehicle shall stop and submit the vehicle to an inspection of the size, weight, equipment, and smoke emissions of the vehicle at any location where members a member of the California Sighway Patrol ere or a ease officerau�eed pursuant to 13.7 is conducting teas s an inspect ons o commerc aive c es en L when signs are displayed requiring the stop. Every driver who fails or refuses to stop and submit the vehicle to an inspection when signs are displayed requiring that stop is guilty of a misdemeanor. read: SEC. 4. Section 2813.5 of the Vehicle Code is amended to 2813.5. jai The commissioner shall have exeidaire authority in the toovance of stickers an evidence that eemmereiei aeh*elss here been iaspeeted pursuant to Section 98 +9 and have been feand to be in eempitanee with Minfmtm safety standards established by the depaetment- The commissioner May make and enforce reguiatiens with respect to adopt reegul tonss for the issuance of stickers as evidence than commercial vehicles haveT�een�s i otea pursuant to Section have •n-` ounces. 'to in comiDliance with minimum sa�eE-y -M da—Re esEablisheeT by t ie -ae artment and for the issuance and cusp ay d he s ccers upon commerc a vehic es. (b) It is unlawful for any unauthorized person, company, corporation, or public or private entity to possess, issue, or display upon a vehicle an unauthorized commercial vehicle safety inspection sticker or a sticker that is either a facsimile of, or is substantially similar to, that issued by the commissioner. (c) Any violation of subdivision (b) is a misdemeanor. read: SEC. 5. Section 2813.7 is added to the Vehicle Code, to 2813.7. Any peace officer who has been issued a certificate specified in subdivision (b) of Section 2423 may conduct the inspection described in Section 2813 if the inspection is conducted on a highway that meets both of the following requirements: (a) The highway does not have a' commercial vehicle inspection facility within the city or county that employs the peace officer. (b) The route of the highway significantly parallels, in close proximity, another highway that has a commercial vehicle inspection facility within the city or county that employs the peace officer. to read: SEC. 6. Section 34501.4 of the Vehicle Code is amended 34501.4. Any driver subject to the hours of service limitations and logbook requirements of this division, who is unable to produces upon the request of a representative of the department, or upon the re uesaof a *eace officer conducting a commercial vehicle ins ec ion ur�suanntt to Section zany driver's log ook or Is only able to pro uccl a an incomplete driver s log book for the 00155 APR 4 '95 10:52 91G 324 GeG9 PAGE.002