Opinion No. (2010)

EDMUND G. BROWN JR. Attorney General MARC J. NOLAN Deputy Attorney General THE HONORABLE KEVIN JEFFRIES, MEMBER OF THE STATE ASSEMBLY, has requested an opinion on the following question: For purposes of Vehicle Code section 35782 (b), what is the definition of the term "unusually large or heavy load"? CONCLUSION For purposes of Vehicle Code section 35782 (b), the term "unusually large or heavy load" has no uniform statewide definition, but rather refers to a vehicle load that (1) exceeds the statutory size and weight maximums prescribed in the Vehicle Code, and (2) is sufficiently large or heavy, as determined by the Department of Transportation or a local authority, to pose a substantial risk to public facilities that is not adequately covered by the level of insurance otherwise required by law. *Page 2 ANALYSIS Division 15 of the Vehicle Code 1 contains various size and weight limits for the vehicles operated and loads hauled on the State's highways. 2 The prescribed limits are not absolute, however. The Legislature has authorized the Department of Transportation (Department) and local authorities 3 to issue permits (for a set fee) "[t]o operate or move a vehicle or combination…