Vehicles: driving offenses: falling items.

Existing law authorizes a traffic officer with reason to believe that a vehicle is not safely loaded, to require the driver to stop and submit to an inspection. Existing law authorizes a traffic officer who determines that the vehicle is not safely loaded, to require the driver to stop and reload or remove a portion of the load as necessary to make the vehicle load safe. Existing law defines vehicular manslaughter as, among other things, driving a vehicle in the commission of an unlawful act, as specified, that results in the unlawful killing of a human being without malice. Under existing law, vehicular manslaughter with gross negligence, as defined, is punishable by imprisonment in a county jail for not more than one year or by imprisonment in the state prison for 2, 4, or 6 years, and vehicular manslaughter without gross negligence is punishable by imprisonment in a county jail for not more than one year. This bill would require a driver transporting an item in a vehicle or truck bed to ensure that the item is reasonably secured before driving the vehicle. The bill would also require a driver transporting heavy debris, metal, glass, or any other item that falls from a vehicle or truck bed while being transported to report the loss of the item and the route the vehicle traveled during the time the item fell to the Department of the California Highway Patrol as soon as he or she discovers the item is missing. A violation of these provisions is an infraction punishable by a fine of $200 for a first offense, $400 for a 2nd offense occurring within one year of a prior offense, or $800 for a 3rd or subsequent offense occurring within one year of 2 or more prior offenses. By creating a new crime, this bill would impose a state-mandated local program. The bill would also make the driver of a vehicle transporting an item that falls and proximately causes the death of another person guilty of vehicular manslaughter, punishable by imprisonment in the state prison or a county jail, as specified above. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. 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.