Bill Text: CA AB145 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Motor carriers: construction trucking services.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2010-09-29 - Chaptered by Secretary of State - Chapter 429, Statutes of 2010. [AB145 Detail]

Download: California-2009-AB145-Amended.html

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BILL NUMBER: AB 145	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 3, 2010
	AMENDED IN SENATE  JULY 15, 2010
	AMENDED IN SENATE  JUNE 1, 2010
	AMENDED IN ASSEMBLY  MARCH 31, 2009

INTRODUCED BY   Assembly Member De Leon

                        JANUARY 22, 2009

   An act to amend Section 34620 of, and to add Section 34510.5 to,
the Vehicle Code, relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 145, as amended, De Leon. Motor carriers: construction trucking
services.
   (1) Existing law requires the Department of Motor Vehicles to
regulate the safe operation of specified vehicles, including
commercial motor vehicles and trailer and semitrailer commercial
vehicle combinations owned and operated by motor carriers. Existing
law also requires every motor carrier of property to comply with
specified safety, permit, and liability insurance regulations and to
pay the fees required by these provisions.
   Existing law also prohibits a motor carrier of property from
contracting or subcontracting with, or otherwise engaging the
services of, another motor carrier of property, until the contracted
motor carrier of property provides certification in the manner
prescribed by the above provisions, of compliance with safety
inspection, certificate, permit, and financial responsibility
requirements. A violation of those provisions is a misdemeanor.
   This bill would apply this prohibition to a broker of construction
trucking services, as defined, and would prohibit that broker from
furnishing construction transportation services to any construction
project unless it has secured a surety bond of not less than $15,000
that meets specified requirements. The bill would make a broker of
construction trucking services who violates these provisions guilty
of a misdemeanor and subject to a fine of up to $5,000.
   The bill would also create a rebuttable presumption in any civil
action brought against a broker of construction trucking services by
a motor carrier of property in dump truck equipment with whom the
broker contracted during any period of time in which the broker did
not have a surety bond in violation of the above-described
provisions, that the broker failed to pay to the motor carrier the
amount due and owing.
   By expanding the scope of an existing crime and creating new
crimes, 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 34510.5 is added to the Vehicle Code, to read:
   34510.5.  (a) A broker of construction trucking services, as
defined in Section 3322 of the Civil Code, shall not furnish
construction transportation services to any construction project
unless it has secured a surety bond of not less than fifteen thousand
dollars ($15,000) executed by an admitted surety insurer. 
The bond required by this section shall be in favor of, and payable
to, the people of the State of California, and shall be conditioned
upon the person obtaining a bond that complies with this title and
the payment of all sums due and payable to any individual or group of
individuals when the person or his or her representative, agent, or
employee has received those sums. The surety bond shall ensure
  The surety bond shall ensure  the payment of the
claims of a contracted motor carrier of property in dump truck
equipment if the broker fails to pay the contracted motor carrier
within the time period specified in paragraph (1) of subdivision (a)
of Section 3322 of the Civil Code.
   (b) A broker of construction trucking services who furnishes
construction transportation services in violation of this section is
guilty of a misdemeanor and subject to a fine of up to five thousand
dollars ($5,000).
   (c) In any civil action brought against a broker of construction
trucking services by a motor carrier of property in dump truck
equipment with whom the broker contracted during any period of time
in which the broker did not have a surety bond in violation of this
section, the failure to have the bond shall create a rebuttable
presumption that the broker failed to pay to the motor carrier the
amount due and owing.
   (d) For purposes of this section, "a broker of construction
trucking services" does not include a facility that meets all the
following requirements:
   (1) Arranges for transportation services of its product.
   (2) Primarily handles raw materials to produce a new product.
   (3) Is a rock product operation (such as an "aggregate"
operation), a hot mixing asphalt plant, or a concrete, concrete
product, or Portland cement product manufacturing facility.
   (4) Does not accept a fee for the arrangement.
  SEC. 2.  Section 34620 of the Vehicle Code is amended to read:
   34620.  (a) Except as provided in subdivision (b) and Section
34622, a motor carrier of property shall not operate a commercial
motor vehicle on any public highway in this state, unless it has
complied with Section 34507.5 and has registered with the department
its carrier identification number authorized or assigned thereunder,
and holds a valid motor carrier permit issued to that motor carrier
by the department. The department shall issue a motor carrier permit
upon the carrier's written request, compliance with Sections 34507.5,
34630, and 34640, and subdivisions (e) and (h) of Section 34501.12
for motor carriers listed in that section, and the payment of the fee
required by this chapter.
   (b) A person shall not contract with, or otherwise engage the
services of, a motor carrier of property, unless that motor carrier
holds a valid motor carrier of property permit issued by the
department. A motor carrier of property or broker of construction
trucking services, as defined in Section 3322 of the Civil Code,
shall not contract or subcontract with, or otherwise engage the
services of, a motor carrier of property, until the contracted motor
carrier of property provides certification in the manner prescribed
by this section, of compliance with subdivision (a). This
certification shall be completed by the contracted motor carrier of
property and shall include a provision requiring the contracted motor
carrier of property to immediately notify the person to whom they
are contracted if the contracted motor carrier of property's permit
is suspended or revoked. A copy of the contracted motor carrier of
property's permit shall accompany the required certificate. The
Department of the California Highway Patrol shall, by regulation,
prescribe the format for the certificate and may make available an
optional specific form for that purpose. The certificate, or a copy
thereof, shall be maintained by each involved party for the duration
of the contract or period of service plus two years, and shall be
presented for inspection at the location designated by each carrier
under Section 34501.10, immediately upon the request of an authorized
employee of the Department of the California Highway Patrol.
  SEC. 3.  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.