Bill Text: CA AB2657 | 2009-2010 | Regular Session | Amended

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Bill Title: Vehicles: pickup trucks.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-04-19 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2657 Detail]

Download: California-2009-AB2657-Amended.html

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BILL NUMBER: AB 2657	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 8, 2010

INTRODUCED BY   Assembly Member Gilmore

                        FEBRUARY 19, 2010

   An act to amend Section  34661   34601 
of the Vehicle Code, relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2657, as amended, Gilmore.  Motor carriers: penalties.
  Vehicles: pickup trucks.  
   Existing law, the Motor Carriers of Property Permit Act, defines a
"commercial motor vehicle" as, among other things, any motor truck
of 2 or more axles that is more than 10,000 pounds gross vehicle
weight rating (GVWR). Existing law defines a "pickup truck" as a
motor truck with a manufacturer's gross vehicle weight rating of less
than 11,500 pounds, an unladen weight of less than 8,001 pounds, and
which is equipped with an open box-type bed not exceeding 9 feet in
length.  
   This bill would increase this GVWR to 11,500 or more pounds
thereby excluding any motor truck of 2 or more axles, and any pickup
truck, that is less than 11,500 pounds from the act's provisions.
 
   The Motor Carriers of Property Permit Act provides for the
regulation of motor carriers of property by the Department of Motor
Vehicles and imposes specified criminal penalties for a violation of
that act.  
   This bill would make technical nonsubstantive changes to that
provision. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 34601 of the   Vehicle
Code   is amended to read: 
   34601.  (a) As used in this division, "motor carrier of property"
means any person who operates any 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 paragraph
(2), a "commercial motor vehicle" means any self-propelled vehicle
listed in subdivisions (a), (b), (f), (g), and (k) of Section 34500,
any motor truck of two or more axles that is  equal to or 
more than  10,000   11,500  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) Motor trucks 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.
   (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. 
  SECTION 1.    Section 34661 of the Vehicle Code is
amended to read:
   34661.  A person or corporation that violates this division is
guilty of a misdemeanor, punishable by a fine of not more than two
thousand five hundred dollars ($2,500), or by imprisonment in the
county jail for not more than three months, or by both that fine and
imprisonment.