Bill Text: CA AB306 | 2013-2014 | Regular Session | Chaptered
Bill Title: Vehicles: motor carrier.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2013-08-13 - Chaptered by Secretary of State - Chapter 96, Statutes of 2013. [AB306 Detail]
Download: California-2013-AB306-Chaptered.html
BILL NUMBER: AB 306 CHAPTERED
BILL TEXT
CHAPTER 96
FILED WITH SECRETARY OF STATE AUGUST 13, 2013
APPROVED BY GOVERNOR AUGUST 13, 2013
PASSED THE SENATE JULY 1, 2013
PASSED THE ASSEMBLY JULY 3, 2013
AMENDED IN SENATE MAY 29, 2013
AMENDED IN SENATE MAY 9, 2013
INTRODUCED BY Assembly Member Lowenthal
FEBRUARY 12, 2013
An act to amend Section 34620 of the Vehicle Code, relating to
vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 306, Lowenthal. Vehicles: motor carrier.
Existing law prohibits a motor carrier of property from operating
a commercial motor vehicle on any public highway unless the carrier
holds a valid motor carrier permit, as specified. Existing law also
prohibits a person from contracting with, or otherwise engaging the
services of, a motor carrier of property unless that motor carrier
holds a valid motor carrier permit. A violation of these provisions
is a crime.
This bill would additionally prohibit the retrieval of a vehicle
by, or the release of a vehicle to, a motor carrier of property using
a tow truck, as defined, until the retrieving motor carrier provides
a copy of its motor carrier permit to the releasing motor carrier.
The bill would also require the motor carrier releasing the vehicle
to maintain a copy of the motor carrier permit for a period of 2
years, as specified. The bill would exempt from these provisions a
person licensed under the Collateral Recovery Act. By expanding the
scope of a crime, this bill would impose a state-mandated local
program.
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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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.
(c) (1) A motor carrier of property shall not retrieve a vehicle
through the use of a tow truck, as defined in subdivision (a) of
Section 615, from the premises of another motor carrier of property
until the retrieving motor carrier provides a copy of its motor
carrier permit to the releasing motor carrier.
(2) A motor carrier of property shall not release a vehicle to
another motor carrier of property utilizing a tow truck, as defined
in subdivision (a) of Section 615, until the releasing motor carrier
obtains a copy of the motor carrier permit from the retrieving motor
carrier. The motor carrier releasing the vehicle shall maintain a
copy of the motor carrier permit for a period of two years after the
transaction, and, upon the request of an authorized employee of the
Department of the California Highway Patrol, shall immediately
present the permit for inspection at the location designated by the
releasing motor carrier under Section 34501.10.
(3) This subdivision does not apply to a person licensed pursuant
to the Collateral Recovery Act (Chapter 11 (commencing with Section
7500) of Division 3 of the Business and Professions Code).
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.
