Bill Text: CA AB1516 | 2011-2012 | Regular Session | Amended
Bill Title: Vehicles: driver's license requirements: farming
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-05-25 - In committee: Set, first hearing. Held under submission. [AB1516 Detail]
Download: California-2011-AB1516-Amended.html
BILL NUMBER: AB 1516 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 25, 2012
AMENDED IN ASSEMBLY APRIL 17, 2012
AMENDED IN ASSEMBLY MARCH 15, 2012
INTRODUCED BY Assembly Member Alejo
(Principal coauthor: Assembly Member Nielsen)
(Coauthors: Assembly Members Achadjian, Chesbro, Jeffries, Ma,
Olsen, Perea, and Valadao)
(Coauthors: Senators Cannella, La Malfa, and Rubio)
JANUARY 13, 2012
An act to amend Sections 12804.9 and 34601 of , and to add
and repeal Section 2429.6 of, the Vehicle Code, relating to
vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 1516, as amended, Alejo. Vehicles: driver's license
requirements: farming exemption.
(1) Existing law provides that a person with a class C license may
operate a motor vehicle or combination of motor vehicles of 26,000
pounds or less when it is operated by a farmer, an employee of a
farmer, or an instructor credentialed in agriculture as part of a
specified instructional program, it is used exclusively in the
conduct of agricultural operations, and it is not used in the
capacity of a for-hire carrier or for compensation. A
violation of the requirements is a crime.
This bill would add a length limitation of 65 feet or
less for that vehicle or combination of vehicles, thereby revising
the scope of a crime and imposing a state-mandated local program. The
bill would additionally authorize a class C licenseholder
to operate , until January 1, 2018, a combination of
vehicles with a specified gross combination weight rating and gross
vehicle weight rating that meets specified operating conditions,
including being operated by a farmer or an employee of a farmer and
being operated within 150 miles of a farm.
(2) Existing law excludes certain vehicles from the definition of
a commercial motor vehicle for purposes of the Motor Carriers of
Property Permit Act.
This bill would exclude, from that act, until January 1,
2018, a pickup truck, as defined, or a vehicle that has a
flatbed of less than 9 feet and meets certain conditions regarding
its weight rating and operation. The bill would also exclude
until January 1, 2018, a combination of vehicles with a
specified weight rating and a total combined length of less
than 65 feet, that meets certain conditions regarding the
weight rating and operation of those vehicles.
(3) 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.
(3) The bill would require the Department of the California
Highway Patrol to submit a report, by January 1, 2017, to the
Legislature, that evaluates the exemptions provided by the bill and
recommends as to whether those exemptions should be continued. The
bill would repeal the report requirement on January 1, 2021.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2429.6 is added to the
Vehicle Code , to read:
2429.6. (a) On or before January 1, 2017, the department shall
submit a report to the Legislature in compliance with Section 9795 of
the Government Code, that evaluates the exemptions provided by
subparagraph (H) of paragraph (3) of subdivision (b) of Section
12804.9 and paragraph (3) of subdivision (c) of Section 34601 and
recommend as to whether those exemptions should be continued. The
report shall include safety data regarding those exemptions from
January 1, 2013 through January 1, 2016.
(b) This section shall remain in effect only until January 1,
2021, and as of that date is repealed, pursuant to Section 10231.5 of
the Government Code, unless a later enacted statute, that is enacted
before January 1, 2021, deletes or extends that date.
SECTION 1. SEC. 2. Section 12804.9
of the Vehicle Code is amended to read:
12804.9. (a) (1) The examination shall include all of the
following:
(A) A test of the applicant's knowledge and understanding of the
provisions of this code governing the operation of vehicles upon the
highways.
(B) A test of the applicant's ability to read and understand
simple English used in highway traffic and directional signs.
(C) A test of the applicant's understanding of traffic signs and
signals, including the bikeway signs, markers, and traffic control
devices established by the Department of Transportation.
(D) An actual demonstration of the applicant's ability to exercise
ordinary and reasonable control in operating a motor vehicle by
driving it under the supervision of an examining officer. The
applicant shall submit to an examination appropriate to the type of
motor vehicle or combination of vehicles he or she desires a license
to drive, except that the department may waive the driving test part
of the examination for any applicant who submits a license issued by
another state, territory, or possession of the United States, the
District of Columbia, or the Commonwealth of Puerto Rico if the
department verifies through any acknowledged national driver record
data source that there are no stops, holds, or other impediments to
its issuance. The examining officer may request to see evidence of
financial responsibility for the vehicle prior to supervising the
demonstration of the applicant's ability to operate the vehicle. The
examining officer may refuse to examine an applicant who is unable to
provide proof of financial responsibility for the vehicle, unless
proof of financial responsibility is not required by this code.
(E) A test of the hearing and eyesight of the applicant, and of
other matters that may be necessary to determine the applicant's
mental and physical fitness to operate a motor vehicle upon the
highways, and whether any grounds exist for refusal of a license
under this code.
(2) The examination for a class A or class B driver's license
under subdivision (b) shall also include a report of a medical
examination of the applicant given not more than two years prior to
the date of the application by a health care professional. As used in
this paragraph, "health care professional" means a person who is
licensed, certified, or registered in accordance with applicable
state laws and regulations to practice medicine and perform physical
examinations in the United States. Health care professionals are
doctors of medicine, doctors of osteopathy, physician assistants, and
registered advanced practice nurses, or doctors of chiropractic who
are clinically competent to perform the medical examination presently
required of motor carrier drivers by the federal Department of
Transportation. The report shall be on a form approved by the
department, the federal Department of Transportation, or the Federal
Aviation Administration. In establishing the requirements,
consideration may be given to the standards presently required of
motor carrier drivers by the Federal Highway Administration.
(3) A physical defect of the applicant that, in the opinion of the
department, is compensated for to ensure safe driving ability, shall
not prevent the issuance of a license to the applicant.
(b) In accordance with the following classifications, an applicant
for a driver's license shall be required to submit to an examination
appropriate to the type of motor vehicle or combination of vehicles
the applicant desires a license to drive:
(1) Class A includes the following:
(A) Except as provided in subparagraph (H) of paragraph (3), a
combination of vehicles, if a vehicle being towed has a gross vehicle
weight rating of more than 10,000 pounds.
(B) A vehicle towing more than one vehicle.
(C) A trailer bus.
(D) The operation of all vehicles under class B and class C.
(2) Class B includes the following:
(A) Except as provided in subparagraph (H) of paragraph (3), a
single vehicle with a gross vehicle weight rating of more than 26,000
pounds.
(B) A single vehicle with three or more axles, except any
three-axle vehicle weighing less than 6,000 pounds.
(C) A bus except a trailer bus.
(D) A farm labor vehicle.
(E) A single vehicle with three or more axles or a gross vehicle
weight rating of more than 26,000 pounds towing another vehicle with
a gross vehicle weight rating of 10,000 pounds or less.
(F) A house car over 40 feet in length, excluding safety devices
and safety bumpers.
(G) The operation of all vehicles covered under class C.
(3) Class C includes the following:
(A) A two-axle vehicle with a gross vehicle weight rating of
26,000 pounds or less, including when the vehicle is towing a trailer
or semitrailer with a gross vehicle weight rating of 10,000 pounds
or less.
(B) Notwithstanding subparagraph (A), a two-axle vehicle weighing
4,000 pounds or more unladen when towing a trailer coach not
exceeding 9,000 pounds gross.
(C) A house car of 40 feet in length or less.
(D) A three-axle vehicle weighing 6,000 pounds gross or less.
(E) A house car of 40 feet in length or less or a vehicle towing
another vehicle with a gross vehicle weight rating of 10,000 pounds
or less, including when a tow dolly is used. A person driving a
vehicle may not tow another vehicle in violation of Section 21715.
(F) (i) A two-axle vehicle weighing 4,000 pounds or more unladen
when towing either a trailer coach or a fifth-wheel travel trailer
not exceeding 10,000 pounds gross vehicle weight rating, when the
towing of the trailer is not for compensation.
(ii) A two-axle vehicle weighing 4,000 pounds or more unladen when
towing a fifth-wheel travel trailer exceeding 10,000 pounds, but not
exceeding 15,000 pounds, gross vehicle weight rating, when the
towing of the trailer is not for compensation, and if the person has
passed a specialized written examination provided by the department
relating to the knowledge of this code and other safety aspects
governing the towing of recreational vehicles upon the highway.
The authority to operate combinations of vehicles under this
subparagraph may be granted by endorsement on a class C license upon
completion of that written examination.
(G) A vehicle or combination of vehicles with a gross vehicle
weight rating or gross vehicle combination weight rating, as defined
in subdivisions (j) and (k) of Section 15210, of 26,000 pounds or
less and that is 65 feet or less in length , if
all the following conditions are met:
(i) It is operated by a farmer, an employee of a farmer, or an
instructor credentialed in agriculture as part of an instructional
program in agriculture at the high school, community college, or
university level.
(ii) It is used exclusively in the conduct of agricultural
operations.
(iii) It is not used in the capacity of a for-hire carrier or for
compensation.
(H) A Except as provided in paragraph (6),
a combination of vehicles with a gross combination weight
rating and a gross vehicle weight rating, as defined in subdivisions
(j) and (k) of Section 15210, of between 26,001 pounds and 28,501
pounds that meets all of the following conditions:
(i) The combination of vehicles has a total combined vehicle
length of 65 feet or less.
(ii)
(i) The gross vehicle weight rating of the towing
vehicle does not exceed 14,000 pounds.
(iii)
(ii) It is operated by a farmer or an employee of a
farmer.
(iv)
(iii) It is used exclusively in the conduct of
agricultural operations to support the production of crops or
livestock.
(v)
(iv) It is operated within 150 miles of a farm.
(vi)
(v) It is not used in the capacity of a for-hire
carrier or for compensation.
(vii)
(vi) The vehicles are registered in the state and
operate solely in the state.
(I) Firefighting equipment, provided that the equipment is
operated by a person who holds a firefighter endorsement pursuant to
Section 12804.11.
(J) A motorized scooter.
(K) Class C does not include a two-wheel motorcycle or a
two-wheel motor-driven cycle.
(4) Class M1. A two-wheel motorcycle or a motor-driven cycle.
Authority to operate a vehicle included in a class M1 license may be
granted by endorsement on a class A, B, or C license upon completion
of an appropriate examination.
(5) (A) Class M2 includes the following:
(i) A motorized bicycle or moped, or a bicycle with an attached
motor, except a motorized bicycle described in subdivision (b) of
Section 406.
(ii) A motorized scooter.
(B) Authority to operate vehicles included in class M2 may be
granted by endorsement on a class A, B, or C license upon completion
of an appropriate examination, except that no endorsement is required
for a motorized scooter. Persons holding a class M1 license or
endorsement may operate vehicles included in class M2 without further
examination.
(6) Subparagraph (H) of paragraph (3) shall become inoperative on
January 1, 2018.
(c) A driver's license or driver certificate is not valid for
operating a commercial motor vehicle, as defined in subdivision (b)
of Section 15210, any other motor vehicle defined in paragraph (1) or
(2) of subdivision (b), or any other vehicle requiring a driver to
hold any driver certificate or any driver's license endorsement under
Section 15275, unless a medical certificate approved by the
department, the federal Department of Transportation, or the Federal
Aviation Administration, that has been issued within two years of the
date of the operation of that vehicle, is within the licensee's
immediate possession, and a copy of the medical examination report
from which the certificate was issued is on file with the department.
Otherwise, the license is valid only for operating class C vehicles
that are not commercial vehicles, as defined in subdivision (b) of
Section 15210, and for operating class M1 or M2 vehicles, if so
endorsed, that are not commercial vehicles, as defined in subdivision
(b) of Section 15210.
(d) A license or driver certificate issued prior to the enactment
of Chapter 7 (commencing with Section 15200) is valid to operate the
class or type of vehicles specified under the law in existence prior
to that enactment until the license or certificate expires or is
otherwise suspended, revoked, or canceled.
(e) The department may accept a certificate of driving skill that
is issued by an employer, authorized by the department to issue a
certificate under Section 15250, of the applicant, in lieu of a
driving test, on class A or B applications, if the applicant has
first qualified for a class C license and has met the other
examination requirements for the license for which he or she is
applying. The certificate may be submitted as evidence of the
applicant's skill in the operation of the types of equipment covered
by the license for which he or she is applying.
(f) The department may accept a certificate of competence in lieu
of a driving test on class M1 or M2 applications, when the
certificate is issued by a law enforcement agency for its officers
who operate class M1 or M2 vehicles in their duties, if the applicant
has met the other examination requirements for the license for which
he or she is applying.
(g) The department may accept a certificate of satisfactory
completion of a novice motorcyclist training program approved by the
commissioner pursuant to Section 2932 in lieu of a driving test on
class M1 or M2 applications, if the applicant has met the other
examination requirements for the license for which he or she is
applying. The department shall review and approve the written and
driving test used by a program to determine whether the program may
issue a certificate of completion.
(h) Notwithstanding subdivision (b), a person holding a valid
California driver's license of any class may operate a short-term
rental motorized bicycle without taking any special examination for
the operation of a motorized bicycle, and without having a class M2
endorsement on that license. As used in this subdivision, "short-term"
means 48 hours or less.
(i) A person under the age of 21 years may not be issued a class
M1 or M2 license or endorsement unless he or she provides evidence
satisfactory to the department of completion of a motorcycle safety
training program that is operated pursuant to Article 2 (commencing
with Section 2930) of Chapter 5 of Division 2.
(j) A driver of a vanpool vehicle may operate with a class C
license but shall possess evidence of a medical examination required
for a class B license when operating vanpool vehicles. In order to be
eligible to drive the vanpool vehicle, the driver shall keep in the
vanpool vehicle a statement, signed under penalty of perjury, that he
or she has not been convicted of reckless driving, drunk driving, or
a hit-and-run offense in the last five years.
SEC. 2. SE C. 3. Section
34601 of the Vehicle Code is amended to read:
34601. (a) As used in this division, "motor carrier of property"
means a person who operates a commercial motor vehicle as defined in
subdivision (c). "Motor carrier of property" does not include a
household goods carrier, as defined in Section 5109 of the Public
Utilities Code, a household goods carrier transporting used office,
store, and institution furniture and fixtures under its household
goods carrier permit pursuant to Section 5137 of the Public Utilities
Code, persons providing only transportation of passengers, or a
passenger stage corporation transporting baggage and express upon a
passenger vehicle incidental to the transportation of passengers.
(b) As used in this division, "for-hire motor carrier of property"
means a motor carrier of property as defined in subdivision (a) who
transports property for compensation.
(c) (1) As used in this division, except as provided in paragraphs
(2) and (3), a "commercial motor vehicle" means any self-propelled
vehicle listed in subdivisions (a), (b), (f), (g), and (k) of Section
34500, any motortruck of two or more axles that is more than 10,000
pounds gross vehicle weight rating, and any other motor vehicle used
to transport property for compensation.
(2) As used in this division, "commercial motor vehicle" does not
include any of the following:
(A) Vehicles identified in subdivision (f) of Section 34500, if
the gross vehicle weight rating of the towing vehicle is 10,000
pounds or less.
(B) Vehicles identified in subdivision (g) of Section 34500, if
the hazardous material transportation does not require the display of
placards under Section 27903, a license under Section 32000.5, or a
hazardous waste transporter registration under Section 25163 of the
Health and Safety Code, and the vehicle is not operated in commercial
use.
(C) Vehicles operated by a household goods carrier, as defined in
Section 5109 of the Public Utilities Code, under the household goods
carrier permit pursuant to Section 5137 of that code.
(D) Vehicles operated by a household goods carrier to transport
used office, store, and institution furniture and fixtures under its
household goods carrier permit pursuant to Section 5137 of the Public
Utilities Code.
(E) Pickup trucks as defined in Section 471, if the conditions in
subparagraphs (A) and (B) are also met.
(F) Two-axle daily rental trucks with a gross vehicle weight
rating of less than 26,001 pounds, when operated in noncommercial
use.
(G) Motortrucks or two-axle truck tractors, with a gross vehicle
weight rating of less than 26,001 pounds, when used solely to tow a
camp trailer, trailer coach, fifth-wheel travel trailer, or utility
trailer. Vehicle combinations described in this subparagraph are not
subject to Section 27900, 34501.12, or 34507.5.
(3) (A) As used in this subdivision
division , a "commercial motor vehicle" does not include a
vehicle that meets either of the conditions specified in
subparagraphs (C) or (D).
(B) Notwithstanding Section 471, a "pickup truck," for purposes of
this paragraph, means a motortruck with a gross vehicle weight
rating of 14,000 pounds or less.
(C) A commercial motor vehicle does not include a vehicle that
meets all of the following requirements:
(i) The vehicle is a pickup truck or the vehicle has a flatbed
that does not exceed nine feet in length.
(ii) The vehicle does not exceed its gross vehicle weight rating,
as defined in subdivision (a) of Section 350.
(iii) The vehicle is operated by a farmer or an employee of a
farmer.
(iv) The vehicle is used exclusively in the conduct of
agricultural operations to support the production of crops or
livestock.
(v) The vehicle is not used in the capacity of a for-hire carrier
or for compensation.
(vi) The vehicle is registered in the state and operates solely in
the state.
(D) A commercial motor vehicle does not include a combination of
vehicles with a gross combination weight rating of less than 28,500
pounds and a total combined length of less than 65 feet
, if that combination meets all of the following
conditions:
(i) The pickup truck in that combination does not exceed its gross
vehicle weight rating, as defined in subdivision (a) of Section 350.
(ii) It is operated by a farmer or an employee of a farmer.
(iii) It is used exclusively in the conduct of agricultural
operations.
(iv) It is operated within 150 miles of a farm.
(v) It is not used in the capacity of a for-hire carrier or for
compensation.
(vi) The vehicles in that combination are registered in the state
and operate solely in the state.
(E) This paragraph shall become inoperative on January 1, 2018.
(d) For purposes of this chapter, "private carrier" means a motor
carrier of property, who transports only his or her own property,
including, but not limited to, the delivery of goods sold by that
carrier.
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.
