This chapter shall be known and may be cited as the Freeway Service Patrol Act.
Chapter 15Freeway Service Patrols
Section § 2560
This law is called the Freeway Service Patrol Act.
Freeway Service Patrol California highways roadside assistance motorist aid traffic safety emergency services vehicle breakdowns transportation support highway service traffic management road patrol motorist support traffic flow incident response highway assistance
Section § 2560.5
This section explains the establishment of a freeway service patrol system in urban areas with high traffic congestion. The system is funded through a baseline allocation formula, providing initial funds to eligible local and regional agencies that meet certain criteria. Additionally, there is a Competitive Freeway Service Patrol Grant Program that provides extra funding to further reduce traffic congestion, depending on available budget allocations.
(a)CA Streets and Highways Code § 2560.5(a) The purpose of this chapter is to provide for the implementation of a freeway service patrol system using a formula-based allocation, referred to as baseline funding allocation, to all eligible regional and local agencies for traffic-congested urban freeways throughout the state, involving a cooperative effort between state and local agencies. All regional or local agency programs that meet the minimum eligibility requirements set forth in this section and Section 2562.1 shall receive initial funding from the baseline funding allocation.
(b)CA Streets and Highways Code § 2560.5(b) In addition to the formula-based allocation program established, subject to funds being appropriated in the annual Budget Act, in subdivision (a), there is hereby established a Competitive Freeway Service Patrol Grant Program to provide funding of a freeway service patrol system to reduce traffic congestion.
freeway service patrol traffic congestion baseline funding allocation regional agencies local agencies eligibility requirements urban freeways competitive grant program Budget Act funding allocation cooperative effort congestion reduction transportation funding formula-based allocation
Section § 2561
This section defines terms relating to emergency roadside assistance programs in California. 'Emergency roadside assistance' is as defined in a specific section of the Vehicle Code. An 'employer' and 'tow truck driver' are both defined by the same code. The 'freeway service patrol' is described as a program managed by the California Highway Patrol along with other local agencies, to provide roadside help on freeways in urban parts of the state.
As used in this chapter, each of the following terms has the following meaning:
(a)CA Streets and Highways Code § 2561(a) “Emergency roadside assistance” has the same meaning as defined in Section 2436 of the Vehicle Code.
(b)CA Streets and Highways Code § 2561(b) “Employer” has the same meaning as defined in Section 2430.1 of the Vehicle Code.
(c)CA Streets and Highways Code § 2561(c) “Freeway service patrol” means a program managed by the Department of the California Highway Patrol, the department, and a regional or local entity which provides emergency roadside assistance on a freeway in an urban area.
(d)CA Streets and Highways Code § 2561(d) “Regional or local entity” has the same meaning as defined in Section 2430.1 of the Vehicle Code.
(e)CA Streets and Highways Code § 2561(e) “Tow truck driver” has the same meaning as defined in Section 2430.1 of the Vehicle Code.
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Section § 2561.3
This section states that operating a freeway service patrol in any area requires an agreement between the California Highway Patrol, the Department of Transportation, and the relevant regional or local governing body.
The freeway service patrol in any particular area shall be operated pursuant to an agreement between the Department of the California Highway Patrol, the department, and the appropriate regional or local entity.
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Section § 2561.5
This law outlines how California funds freeway service patrols. It states that the State Highway Account provides money, but local entities must also contribute at least 25% of the state's amount. Existing programs won't lose funds and can't be replaced by state programs. State funds are only available after agreements are signed. Freeway patrol funding should remain stable yearly to allow multiyear contracts, and if new patrol programs are added, they must be phased in over three years to not disrupt existing funding commitments.
(a)CA Streets and Highways Code § 2561.5(a) Funding for the freeway service patrols established pursuant to this chapter shall be provided, upon appropriation in the annual Budget Act, from the State Highway Account in the State Transportation Fund. In addition, the appropriate regional or local entity shall ensure that local resources are expended on freeway service patrols in an amount not less than 25 percent of the amount provided from the State Highway Account.
(b)CA Streets and Highways Code § 2561.5(b) In locations where a freeway service patrol exists, the department shall coordinate and integrate the funds appropriated pursuant to this section into the existing program. In the allocation of these funds, no local entity may be penalized for having an existing freeway service patrol program.
(c)CA Streets and Highways Code § 2561.5(c) No state funding may be released prior to the execution of the agreement developed under Section 2561.3.
(d)CA Streets and Highways Code § 2561.5(d) No program funded under this chapter may supplant emergency response towing services provided by the department as of January 1, 1992.
(e)CA Streets and Highways Code § 2561.5(e) It is the intent of the Legislature that funding provided under subdivision (a) of Section 2560.5 be consistent from year to year in order to facilitate the awarding of multiyear contracts between participating regional and local entities and providers of freeway patrol services. The department shall only recognize multiyear contract commitments equal to or less than three years. If new freeway service patrol regional or local entity programs are added to the baseline funding allocation, as described in Section 2560.5, those programs shall be phased in so as not to impact the multiyear contract commitments. However, once a new application from an eligible regional or local entity is submitted and approved, the share of the baseline funding allocation to the regional or local agency shall be phased in within three years of the date the application is approved.
freeway service patrol funding State Highway Account regional funding contribution freeway patrol coordination existing program protection agreement execution condition emergency response towing multiyear contracts funding stability new program integration baseline funding allocation phased program introduction local resource expenditure
Section § 2562.1
This law explains the funding distribution for programs related to freeway management in California. The funding is distributed based on various factors: 25% is based on the number of freeway lane miles in an urban area compared to the total, 50% is based on the area's population ratio, and the final 25% depends on traffic congestion levels determined by a state program. A regional or local agency applying for funds after July 1, 2003, must show a benefit-cost ratio of 3 to 1, which the department will calculate. If an application for funding is approved before the end of a year without additional funding to the baseline, allocations are divided over three years: 33.3% in the first year, 66.6% in the second, and 100% in the third year.
(a)CA Streets and Highways Code § 2562.1(a) Funding for the program established in subdivision (a) of Section 2560.5 in a participating area shall be based 25 percent on the number of urban freeway lane miles in the participating area to the total number of freeway lane miles in all the participating areas, 50 percent on the basis of the ratio of the population of the participating area to the total population of all the participating areas, and 25 percent on the basis of traffic congestion as ascertained by the department pursuant to the most recent Statewide Highway Traffic Congestion Monitoring Program. A regional or local agency submitting an application after July 1, 2003, for funding shall demonstrate in the application an overall benefit-cost ratio of 3 to 1. The department shall determine the benefit-cost ratio methodology.
(b)CA Streets and Highways Code § 2562.1(b) If a regional or local agency submits an application for funding that is approved by the department before December 31 of any year and additional funding is not provided to the baseline funding allocation, the department shall allocate the funding allocation at a maximum over three years as follows:
(1)CA Streets and Highways Code § 2562.1(b)(1) Thirty-three and three-tenths percent of the total amount of the allocation during the immediately following fiscal year.
(2)CA Streets and Highways Code § 2562.1(b)(2) Sixty-six and six-tenths percent of the total amount of the allocation during the fiscal year that immediately follows the fiscal year described in paragraph (1).
(3)CA Streets and Highways Code § 2562.1(b)(3) One hundred percent of the total amount of the allocation during the fiscal year that immediately follows the fiscal year described in paragraph (2).
urban freeway funding lane miles allocation population ratio traffic congestion Statewide Highway Traffic Congestion Monitoring Program benefit-cost ratio regional agency application funding allocation schedule three-year distribution transportation funding metrics urban traffic management funding California transportation program baseline funding allocation application approval before December 31 regional transportation planning
Section § 2562.2
The law requires the department to create guidelines for a Competitive Freeway Service Patrol Grant Program within 90 days. After receiving feedback from local agencies, the final guidelines should be published within 150 days. The grants allow local agencies to contract with employers and the California Highway Patrol to start or expand freeway service patrols aimed at reducing traffic. Local agencies need to match 25% of the grant, which can cover up to 35% of the total available funds. Grants are based on project need and effectiveness, with new services that weren't previously available. The program is dependent on appropriate budget allocation.
(a)CA Streets and Highways Code § 2562.2(a) Not later than 90 days after the effective date of this section, the department shall prepare guidelines for the implementation of a Competitive Freeway Service Patrol Grant Program and shall submit those guidelines to each regional or local agency operating a freeway service patrol. Not later than 30 days after receipt of the guidelines, the regional or local agency shall submit its written comments to the department.
(b)CA Streets and Highways Code § 2562.2(b) Not later than 150 days after the effective date of this section, the department shall publish the final guidelines for the Competitive Freeway Service Patrol Grant Program and commence implementation of the program. The guidelines shall not constitute a regulation for the purposes of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(c)CA Streets and Highways Code § 2562.2(c) The guidelines prepared pursuant to this section shall comply with the following requirements:
(1)CA Streets and Highways Code § 2562.2(c)(1) Grants to be awarded to a regional or local agency applicant on a competitive basis for contracting with an employer for the provision of a new or expanded freeway service patrol service and for contracting with the Department of the California Highway Patrol for the provision of only direct supervisory services warranted by workload standards to reduce traffic congestion.
(2)CA Streets and Highways Code § 2562.2(c)(2) The grant to require a matching share by the regional or local agency equaling not less than 25 percent of the amount provided from the State Highway Account.
(3)CA Streets and Highways Code § 2562.2(c)(3) The grant to be awarded on the basis of project need and effectiveness calculated on a cost benefit analysis.
(4)CA Streets and Highways Code § 2562.2(c)(4) The amount of a grant to be made to a regional or local agency shall not exceed 35 percent of the total amount of the available grant funds.
(5)CA Streets and Highways Code § 2562.2(c)(5) The regional or local agency demonstrates that the services it proposes to fund with the grant are new freeway service patrol services that were not previously provided in its jurisdiction.
(6)CA Streets and Highways Code § 2562.2(c)(6) The regional or local agency demonstrates its ability to support and supervise the new or expanded services provided by the Department of the California Highway Patrol.
(d)CA Streets and Highways Code § 2562.2(d) This section shall be operative only if funds are appropriated for its purposes in the annual Budget Act.
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Section § 2562.3
This section states that regional or local entities need to apply to the department following specific guidelines to determine their baseline annual funding allocation. As long as these entities meet the eligibility criteria outlined in related sections, they cannot be denied their fair share of funding.
In determining the baseline annual funding allocation, regional or local entities shall apply to the department in accordance with operational standards as outlined in the program guidelines and in accordance with the eligibility requirements described in Sections 2561.5 and 2562.1. A regional or local entity that meets the eligibility requirements may not be denied its fair share of the baseline annual allocation made by the department.
baseline annual funding allocation regional entities local entities eligibility requirements fair share funding application program guidelines operational standards department funding Section 2561.5 Section 2562.1 funding eligibility allocation determination compliance guidelines funding entitlement
Section § 2562.5
Tow trucks that are part of a freeway service patrol must have a specific logo. This logo should include a circle, triangle, and tow truck silhouette, along with the phrase 'Freeway Service Patrol.' It should identify both the Department of the California Highway Patrol and the other involved department. Local or regional entities can also add their approved logos if they are participating.
Each tow truck participating in a freeway service patrol shall bear a logo comprised of, at a minimum, a circle, a triangle, and a tow truck silhouette, with the words “Freeway Service Patrol,” which identifies the Department of the California Highway Patrol and the department, and, at the option of the entity, the participating regional or local entity. Participating regional or local entities may place an approved logo on participating tow trucks.
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Section § 2563
This law states that tow truck drivers and their employers who are part of a freeway service patrol must meet certain standards and qualifications. These standards are outlined in a specific part of the Vehicle Code.
Tow truck drivers and employers participating in a freeway service patrol pursuant to this chapter are subject to the standards and qualifications established under Article 3.3 (commencing with Section 2430) of Chapter 2 of Division 2 of the Vehicle Code.
tow truck drivers employers freeway service patrol standards qualifications Vehicle Code Section 2430 Chapter 2 Division 2 safety regulations service patrol requirements driver qualifications employer obligations freeway assistance service patrol standards
Section § 2564
This law states that no more than 2% of the state funds that are set aside for this particular chapter can be used for administrative expenses by state agencies. Additionally, local and regional entities that participate cannot use any state funds for their administrative costs.
Not more than 2 percent of the state funds appropriated for purposes of this chapter shall be used for administrative overhead expenses or purposes by state agencies. No state funds shall be used for administrative purposes by the participating local and regional entities.
state funds appropriation 2 percent limit administrative overhead expenses state agency expenses local entities regional entities fund usage restrictions public funding management government budget constraints administrative cost cap participating entities expense limitations state funding rules local administrative funds regional agency funds restriction
Section § 2565
This law requires the Department of Transportation, the California Highway Patrol, and regional or local entities to create and update guidelines for their program operations. These guidelines should focus on operational details and must not restrict any regional or local entity from participating in the program.
The department, the Department of the California Highway Patrol, and participating and eligible regional and local entities shall develop and periodically update guidelines for program operations, as those guidelines and updates may be required. The guidelines shall address operational requirements only and may not prevent a regional or local entity from entering the program.
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