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

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-Introduced.html

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BILL NUMBER: AB 145	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member De Leon

                        JANUARY 22, 2009

   An act to add Section 34510.5 to the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 145, as introduced, De Leon. Motor carriers: construction
transportation brokers.
   (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. A
violation of these provisions is a crime.
   This bill would require a construction transportation broker, as
defined, who agrees to transport or haul intrastate construction
materials for another person or entity and who dispatches, hires,
employs, or engages the services of a subhauler, as defined, to
perform all or part of the agreement to furnish the construction
transportation or hauling services, to enter into a specified written
agreement with the subhauler and comply with specified safety,
recordkeeping, and insurance requirements.
   The bill would also make a violation of these provisions a
misdemeanor and would subject the violator to a fine. By 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) The Legislature finds and declares that construction
transportation brokers are in a unique position to protect the
motoring public by ensuring that the safety provisions of this code,
which impose safety regulations on motor carriers, including, but not
limited to, BIT safety inspections pursuant to Section 34501.12,
drug and alcohol testing pursuant to Section 34520, the necessity of
a motor carrier permit under Section 34620, and liability protection
under Section 34631.5, are complied with prior to the commencement of
any construction work.
   (b) "Construction transportation broker," as used in this section,
means a person or entity that agrees to transport or haul intrastate
construction materials for another person or entity and as part of
the performance of that transportation or hauling agreement,
dispatches, hires, employs, or engages the services of a motor
carrier to perform all or part of that agreement. The term
"construction transportation broker" also includes any motor carrier
who dispatches, hires, employs, or engages another motor carrier to
perform all or part of the construction transportation or hauling
services that the motor carrier has agreed to render for a
construction transportation broker.
   (c) "Subhauler," as used in this section, means a motor carrier
that is dispatched, hired, employed, or engaged by a construction
transportation broker to perform all or part of the construction
transportation or hauling services that the construction
transportation broker has agreed to render.
   (d) "Construction transportation or hauling services," as used in
this section, means the for-hire hauling, transporting, or moving of
rock, sand, dirt, asphalt, and gravel, or any other aggregate
material, as defined in subdivision (d) of Section 23114, to, from,
or on the site of the construction project by a motor carrier.
   (e) A construction transportation broker that dispatches, hires,
employs, or engages a subhauler shall not furnish construction
transportation or hauling services unless he or she enters into a
written agreement with the subhauler that contains all of the
following:
   (1) The name, address, and phone number of the broker and the
subhauler.
   (2) All contract terms of the agreement including, but not limited
to, the agreed upon price, term of engagement, and site location.
   (3) Written documentation, attached to the agreement, that shows
that the subhauler is in compliance with all of the following:
   (A) Has a valid motor carrier permit pursuant to Section 34620.
   (B) Is currently enrolled in a drug and alcohol testing program as
required pursuant to Section 34520.
   (C) The Biennial Inspection of Terminals Program (BIT) required
pursuant to Section 34501.12.
   (D) Adequate protection against liability as required pursuant to
Section 34631.5.
   (f) A construction transportation broker shall maintain the
records of each written agreement required under subdivision (e) for
a minimum of two years.
   (g) A construction transportation broker subject to this section
shall maintain nonowned and hired commercial auto insurance coverage
in the same amounts as the coverage required of motor carriers
against liability pursuant to Section 34631.5.
   (h) (1) A construction transportation broker who furnishes
construction transportation services in violation of subdivision (e)
or (g) is guilty of a misdemeanor and subject to a fine in the amount
of two thousand dollars ($2,000) in addition to any other penalties
established by federal or state law. Each agreement with a subhauler
that fails to comply with subdivision (e) shall constitute a separate
violation.
   (2) A construction transportation broker who fails to maintain
records required pursuant to subdivision (f) is guilty of a
misdemeanor and subject to a fine in the amount of one thousand
dollars ($1,000) in addition to any other penalties established by
federal or state law.
  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.