California Highway Patrol Will Enforce Gener.l Order 81.1 3

Order calls for'equipment oI vehicles with fenders, coverst or devices, including flaps or splosh dprons.

The following is a report of a meeting, June 27, of. the members of the Legislative Committee of the California Lumbermen's Accident Prevention Association, held at the request of the Association for the purpose of clarifying the intent of Highr','ay Patrol Headquarters General Order 81.13. The meeting was held in the Conference Room, Department of Public 'Works, Sacramento.

Commissioner Peterson and Captain Douarin represented the California Highway Patrol, and the Association was represented by: Vernon Chamberlen, Ernery L. Franzen, A. T. Hildman, H. \Mest, Jr., Wm. B. Berry, W. A' Carleton, David D. Fairbrother, C. W. Doe, Ernest McCollum, Gordon M. Wagenet, Harry Russell, H. W. McMahan, W. H. Harris and Nat Edwards, secretary of the Association.

Commissioner Peterson and Captain Douarin were firm in expressing the intention that all types of vehicles on the public high'rvays will be required to be in compliance with the order.

The subject discussed was the California Highway Patrol, Headquarters General Order 81.13, Re: Enforcement of Vehicle Code Section 678.5 (Fend'ers, covers, or devices, including flaps or splash aprons).

Prior to the discussion Captain Douarin distributed copies of Highway Patrcl form letter 3.81.18, concerning legislation relating to mudgtrards, as follows:

"Assembly Bill No. 322, efrective Z2 September 1951, adds Section 678.5 to the Vehicle Code, to read as follows:

"No person shall operate on any highlvay any motor vehicle, trailer. or semitrailer unless equipped with fenders, covere. or devices, including flaps or splash aprons, or uniess the body of the vehicle or attachments thereto afford adequate protection to effectively minimize the spray or splash of water.or mud to the rear of the vehicle. This section shall not apply to those vehicles exempt from registration under Section 142 not to any other vehicles having an unladen weight of under 1,500 pouirds.

"The provisions of subdivision (b) of Section 697 of. this code shall not apply to a vehicle when the excess length is caused by any parts required to comply with this section."

The language of the section of necessity is very broad and does not set out detailed specificatiorrs' It does, however, set up a standard for fenders, covers, or devices, including flaps or splash aprons, which must be met, namely, that they shall "afford adequate protection to effectively rninimize the spiay or splash of water or mud to the rear of the vehicle." Therefore, where flaps or splash aprons' for example, are installed it is necessary to take into consideration tire size, width, and distance f-om the wheels that the devices are suspended, etc., in order to determine whether they are adequate for the purposes of the section.

The section does not require or authorize the Patrol to publish specifications for such protective devices and, owing to the different types, sizes and body construction of vehicles subject to the section, it appears impractical to attempt to do so even as an administrative measure for the guidance of the Patrol. The test in each case is whether the particular installation effectively minimizes the spray or splash of watel' or mud to the rear of the vehicles'

The section applies to all: (1) Motor vehicles, (2) Trailers and (3) Semitrailers, except such vehicles as are exempt from registration under Vehicle Code Section 142 and except such vehicles as have an unladen weight of less than 1,500 pounds.

A pole or pipe dolly is a type of a trailer and therefore, subject to the exceptions noted, must meet the requirements of Section 678.5.

An auxiliary dolly and a semitrailer joined for the pur. pose of moving over the highways are to be considered for purposes of Section 678.5 (but not for registration) as one vehicle; namely, a trailer or semitrailer, which combined vehicle is subject to the section.

It will be considered unnecessary to add such protective devices to other than the rearmost wheels of a vehicle or combination of vehicles unless the body, or load, or attachments thereto, do not provide adequate protection to the rear from other wheels. This means, for example' that a truck tractor operating on the highway in conjunction with a semitrailer, the body, load or attachments of which effectively mask the wheels of the truck tractor, are not, while so operating, required to be equipped with further protective devices. When, however, the truck tractor is operating alone or in conjunction with a vehicle which does not give protection from the spray or splash of the wheels of the truck tractor, the truck tractor itself must be equipped with its own protective devices.

The section requires compliance with its terms whenever the vehicle is operating on the highu'ays. Accordingly, installations when required by the section are necessary at all times regardless of rveather conditions."

Captain Douarin distributed copies of Highway Patrol Headquarters General Order 81.13 as follows:

"To All Members and Employees, California Highway Patrol

Re: Enforcement of Vehicle Code Section 678.5 (Mud Flaps)

A. Policy: In the interest of uniformity. officers may consider flaps, fenders, or bodies which extend down to or below the 20 degree tangent-angle, when measured from the ground up (see diagram), as being in compliance with Vehicle Code Section 678.5, except in those cases where conditions definitely prove otherwise.

B : Purpose: To provide assistance in determining the adequacy of.the lengths of flaps and/or fenders.

C. Tangent-Angle: The term "tangent-angle" as uSed in this order is that angle or arc measured in degrees from ground level up to a line where the body, fender. or other