Section 9400.7 Of Article 3. Weight Fees From California Vehicle Code >> Division 3. >> Chapter 6. >> Article 3.
9400.7
. (a) Notwithstanding any other provision of law, except for
restrictions in existence on June 1, 1989, and except as provided in
subdivision (d), so long as any increases in the weight fees required
by Section 9400, as enacted by Assembly Bill 471 of the 1989-90
Regular Session, remain in effect, no local agency located within an
urbanized area within a county which is required to prepare a
congestion management plan pursuant to Section 65089 of the
Government Code may restrict the hours of operation on any street or
highway which is otherwise open to truck use unless the local agency
determines that the restriction is consistent with the adopted
congestion management plan and is coordinated with adjacent local
agencies so as to not unreasonably interfere with truck operations.
(b) If an inconsistency in access occurs between cities and
counties, the inconsistent access provisions of the congestion
management plan may be appealed to the California Transportation
Commission. The commission shall review the inconsistent access plan
and make a finding within 90 days of the appeal being filed. If the
commission fails to make a finding within 90 days, the Director of
Transportation shall review the issue and make a finding within 30
days.
(c) The access provisions of the congestion management plan shall
not go into effect while an appeal is being made. If the commission
makes a finding of inconsistency, the access provisions of the
congestion management plan shall not become operative.
(d) (1) This section does not apply to Los Angeles County if the
City of Los Angeles establishes restrictions on the hours of
operation on any street or highway which is otherwise open to truck
use.
(2) If the City of Los Angeles establishes restrictions under
paragraph (1) and any other city in the County of Los Angeles
establishes restrictions on the hours of operation on any street or
highway which is otherwise open to truck use, the restrictions in
that other city shall conform to the restrictions imposed by the City
of Los Angeles, except that the other city may appeal noncomforming
restrictions to the commission pursuant to subdivision (b) for a
determination as to whether a variance from this paragraph should be
granted.
(3) The Legislature finds and declares that, because of unique and
special traffic congestion problems in the County of Los Angeles and
in the City of Los Angeles, the general provisions of this section
cannot be made applicable to that county.