Bill Text: CA AB1014 | 2009-2010 | Regular Session | Amended
Bill Title: Vehicles: driver's licenses: farmers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2010-08-11 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on T. & H. (Corrected August 12.) [AB1014 Detail]
Download: California-2009-AB1014-Amended.html
BILL NUMBER: AB 1014 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 11, 2010
AMENDED IN SENATE JUNE 22, 2010
AMENDED IN ASSEMBLY MAY 5, 2009
AMENDED IN ASSEMBLY APRIL 2, 2009
INTRODUCED BY Assembly Member Galgiani
FEBRUARY 27, 2009
An act to amend Section 12804.9 of, and to add Section
12804.11 to, add Section 12804.13 to the Vehicle
Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 1014, as amended, Galgiani. Vehicles: driver's licenses:
agricultural endorsement. farmers.
(1) Existing law authorizes the Department of Motor Vehicles to
issue a restricted class A driver's license for the operation of a
2-axle vehicle weighing 4,000 pounds or more unladen when towing a
livestock trailer exceeding 10,000 pounds, but not exceeding 15,000
pounds gross vehicle weight rating or gross vehicle weight, if
specified conditions are met, including that the vehicle is operated
by a farmer and is used to transport livestock. A violation of the
Vehicle Code generally is an infraction.
This bill would authorize the department to issue a class A or
class B restricted driver's license for the operation of a vehicle in
the production, harvesting, or transportation of silage by a farmer,
employee of the farmer, or contracted employee of the farmer,
between one part of a farm and another part of that farm or from one
farm to another farm, on a highway for a distance not to exceed 20
miles from the point of origin of the trip. The bill would require
the department to follow specified federal regulations in issuing
those driver's licenses. The bill would require a licensed California
driver applying for one of those driver's licenses, upon application
and every 2 years thereafter, to submit medical information on a
form approved by the department. Because a violation of the bill's
provisions would be an infraction, the bill would impose a
state-mandated local program.
(1) Existing law requires an applicant for a driver's license to
submit to an examination appropriate to the class of vehicle the
applicant desires to drive. Class B vehicles include, among others, a
vehicle with a gross vehicle weight rating (GVWR) of more than
26,000 pounds. Successful completion of the examination to drive a
class B vehicle qualifies the person to operate all vehicles covered
under class C. Class C vehicles include, among others, a vehicle with
a GVWR of 26,000 pounds or less. A violation of the Vehicle Code
generally is an infraction.
This bill would revise those provisions to permit certain persons
employed by an agricultural business to operate implements of
husbandry and farm vehicles with a GVWR of more than 26,000 pounds
only if the person obtains and maintains a class A, class B, or class
C license and an agricultural endorsement issued by the Department
of Motor Vehicles, after providing to the department proof of current
employment by an agricultural business and evidence of implement of
husbandry or farm vehicle operation training. Because a violation of
the bill's provisions would be a crime, the bill would impose a
state-mandated local program.
(2) 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12804.13 is added to the
Vehicle Code , to read:
12804.13. (a) The department may issue a restricted class A or
class B driver's license for the operation of a vehicle in the
production, harvesting, or transportation of silage, as described in
subdivision (i) of Section 36101.
(b) The department shall implement subdivision (a) in conformance
with the regulations in Part 383 (commencing with Section 383.1) of
Title 49 of the Code of Federal Regulations. The department shall
follow those regulations in acting pursuant to this section as those
regulations now exist and as they are hereafter amended.
(c) In lieu of a report of a medical examination required by
Section 12804.9, a licensed California driver applying for a
restricted license issued pursuant to subdivision (a) shall, upon
application and every two years thereafter, submit medical
information on a form approved by the department.
SEC. 2. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution. All matter omitted in this version of
the bill appears in the bill as amended in the Senate, June 22, 2010.
(JR11)
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