Bill Text: CA AB995 | 2015-2016 | Regular Session | Enrolled
Bill Title: Farm vehicles: registration exemptions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Vetoed) 2016-09-28 - Vetoed by Governor. [AB995 Detail]
Download: California-2015-AB995-Enrolled.html
BILL NUMBER: AB 995 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 18, 2016
PASSED THE ASSEMBLY AUGUST 23, 2016
AMENDED IN SENATE AUGUST 16, 2016
AMENDED IN SENATE JUNE 30, 2016
AMENDED IN ASSEMBLY APRIL 29, 2015
AMENDED IN ASSEMBLY APRIL 23, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Bigelow
FEBRUARY 26, 2015
An act to amend Sections 34501.12, 34622, and 36305 of, and to add
and repeal Section 36103 of, the Vehicle Code, relating to farm
vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 995, Bigelow. Farm vehicles: registration exemptions.
Existing law exempts specified farm vehicles from registration
with the Department of Motor Vehicles if the vehicles have, and
display, an identification plate, including a cotton module mover and
a vehicle equipped with a water tank that is owned by a farmer and
used exclusively to service his or her own implements of husbandry.
Existing law exempts a person driving or operating an implement of
husbandry over a highway from obtaining a driver's license, except
under specified circumstances.
This bill would, until January 1, 2020, establish a pilot program
in specified counties to evaluate an exemption from vehicle
registration for specified farm vehicles. The bill would require
applicants to meet specified requirements before participating in the
pilot program. The bill would require the Department of Motor
Vehicles and the Department of the California Highway Patrol to
submit a report to the Legislature on or before July 1, 2018,
regarding the pilot program. The bill would require vehicles
participating in the program to remain subject to specified fees and
requirements. The bill would prohibit a person from operating a
vehicle pursuant to the pilot program unless the person has in his or
her possession a valid driver's license for the applicable vehicle
type. A violation of these provisions would be punishable as an
infraction.
This bill would incorporate additional changes to Section 34501.12
of the Vehicle Code proposed by AB 1960, that would become operative
only if this bill and AB 1960 are both chaptered and become
effective on or before January 1, 2017, and this bill is chaptered
last.
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 34501.12 of the Vehicle Code is amended to
read:
34501.12. (a) Vehicles and the operation thereof, subject to this
section, are those described in subdivision (a), (b), (e), (f), (g),
(j), or (k) of Section 34500.
(b) It is unlawful for a motor carrier to operate any vehicle of a
type described in subdivision (a) without identifying to the
department all terminals, as defined in Section 34515, in this state
where vehicles may be inspected by the department pursuant to
paragraph (4) of subdivision (a) of Section 34501 and where vehicle
inspection and maintenance records and driver records will be made
available for inspection. Motor carriers shall make vehicles and
records available for inspection upon request by an authorized
representative of the department. If a motor carrier fails to provide
vehicles and records, an unsatisfactory terminal rating shall be
issued by the department.
(1) The number of vehicles that will be selected for inspection by
the department at a terminal shall be based on terminal fleet size
and applied separately to a terminal fleet of power units and
trailers, according to the following schedule:
Representative
Fleet Size Sample
1 or 2 All
3 to 8 3
9 to 15 4
16 to 25 6
26 to 50 9
51 to 90 14
91 or more 20
(2) The lessor of any vehicle described in subdivision (a) shall
make vehicles available for inspection upon request of an authorized
representative of the department in the course of inspecting the
terminal of the lessee. This section does not affect whether the
lessor or driver provided by the lessor is an employee of the
authorized carrier lessee, and compliance with this section and its
attendant administrative requirements does not imply an
employee-employer relationship.
(c) (1) The department may inspect any terminal, as defined in
Section 34515, of a motor carrier who, at any time, operates any
vehicle described in subdivision (a).
(2) The department shall adopt rules and regulations establishing
a performance-based truck terminal inspection selection priority
system. In adopting the system's rules and regulations, the
department shall incorporate methodologies consistent with those used
by the Federal Motor Carrier Safety Administration, including those
related to the quantitative analysis of safety-related motor carrier
performance data, collected during the course of inspection or
enforcement contact by authorized representatives of the department
or any authorized federal, state, or local safety official, in
categories, including, but not limited to, driver fatigue, driver
fitness, vehicle maintenance, and controlled substances and alcohol
use. The department shall also incorporate other safety-related motor
carrier performance data in this system, including citations and
accident information. The department shall create a database to
include all performance-based data specified in this section that
shall be updated in a manner to provide real-time information to the
department on motor carrier performance. The department shall
prioritize for selection those motor carrier terminals never
previously inspected by the department, those identified by the
inspection priority selection system, and those terminals operating
vehicles listed in subdivision (g) of Section 34500. The department
is not required to inspect a terminal subject to inspection pursuant
to this section more often than once every six years, if a terminal
receives a satisfactory compliance rating as the result of a terminal
inspection conducted by the department pursuant to this section or
Section 34501, or if the department has not received notification by
the system of a motor carrier operating while exceeding the threshold
of the inspection selection priority system. Any motor carrier that
is inspected and receives less than a satisfactory compliance rating,
or that falls below the threshold of the selection priority system,
shall be subject to periodic inquiries and inspections as outlined in
subdivision (f), and these inquiries and inspections shall be based
on the severity of the violations.
(3) As used in this section and Section 34505.6, subdivision (f)
of Section 34500 includes only those combinations where the gross
vehicle weight rating of the towing vehicle exceeds 10,000 pounds,
but does not include a pickup truck or any combination never operated
in commercial use, and subdivision (g) of Section 34500 includes
only those vehicles transporting hazardous material for which the
display of placards is required pursuant to Section 27903, a license
is required pursuant to Section 32000.5, or for which hazardous waste
transporter registration is required pursuant to Section 25163 of
the Health and Safety Code. Notwithstanding Section 5014.1, vehicles
that display special identification plates in accordance with Section
5011, historical vehicles, as described in Section 5004, implements
of husbandry and farm vehicles, as defined in Chapter 1 (commencing
with Section 36000) of Division 16 with the exception of vehicles
operating in the pilot program established pursuant to Section 36103,
and vehicles owned or operated by an agency of the federal
government are not subject to this section or Section 34505.6.
(d) It is unlawful for a motor carrier to operate, or cause to be
operated, any vehicle that is subject to this section, Section 34520,
or Division 14.85 (commencing with Section 34600), unless the motor
carrier is knowledgeable of, and in compliance with, all applicable
statutes and regulations.
(e) It is unlawful for a motor carrier to contract or subcontract
with, or otherwise engage the services of, another motor carrier,
subject to this section, unless the contracted motor carrier has
complied with subdivision (d). A motor carrier shall not contract or
subcontract with, or otherwise engage the services of, another motor
carrier until the contracted motor carrier provides certification of
compliance with subdivision (d). This certification shall be
completed in writing by the contracted motor carrier in a manner
prescribed by the department. The certification, or a copy of the
certification, shall be maintained by each involved party for the
duration of the contract or the period of service plus two years, and
shall be presented for inspection immediately upon the request of an
authorized employee of the department. The certifications required
by this subdivision and subdivision (b) of 34620 may be combined.
(f) (1) An inspected terminal that receives an unsatisfactory
compliance rating shall be reinspected by the department within 120
days after the issuance of the unsatisfactory compliance rating.
(2) If a motor carrier's Motor Carrier of Property Permit or
Public Utilities Commission operating authority is suspended as a
result of an unsatisfactory compliance rating, the department shall
not conduct a reinspection for permit or authority reinstatement
until requested to do so by the Department of Motor Vehicles or the
Public Utilities Commission, as appropriate.
(g) A motor carrier issued an unsatisfactory terminal rating may
request a review of the rating within five business days of receipt
of the notification of the rating. The department shall conduct and
evaluate the review within 10 business days of the request.
(h) The department shall publish performance-based inspection
completion data and make the data available for public review.
(i) This section shall be known, and may be cited, as the Basic
Inspection of Terminals program or BIT program.
SEC. 1.5. Section 34501.12 of the Vehicle Code is amended to read:
34501.12. (a) Vehicles and the operation thereof, subject to this
section, are those described in subdivision (a), (b), (e), (f), (g),
(j), or (k) of Section 34500, except an agricultural vehicle as
defined in Section 34500.6.
(b) It is unlawful for a motor carrier to operate any vehicle of a
type described in subdivision (a) without identifying to the
department all terminals, as defined in Section 34515, in this state
where vehicles may be inspected by the department pursuant to
paragraph (4) of subdivision (a) of Section 34501 and where vehicle
inspection and maintenance records and driver records will be made
available for inspection. Motor carriers shall make vehicles and
records available for inspection upon request by an authorized
representative of the department. If a motor carrier fails to provide
vehicles and records, an unsatisfactory terminal rating shall be
issued by the department.
(1) The number of vehicles that will be selected for inspection by
the department at a terminal shall be based on terminal fleet size
and applied separately to a terminal fleet of power units and
trailers, according to the following schedule:
Representative
Fleet Size Sample
1 or All
2
3 to 8 3
9 to 15 4
16 to 25 6
26 to 50 9
51 to 90 14
91 or more 20
(2) The lessor of any vehicle described in subdivision (a) shall
make vehicles available for inspection upon request of an authorized
representative of the department in the course of inspecting the
terminal of the lessee. This section does not affect whether the
lessor or driver provided by the lessor is an employee of the
authorized carrier lessee, and compliance with this section and its
attendant administrative requirements does not imply an
employee-employer relationship.
(c) (1) The department may inspect any terminal, as defined in
Section 34515, of a motor carrier who, at any time, operates any
vehicle described in subdivision (a).
(2) The department shall adopt rules and regulations establishing
a performance-based truck terminal inspection selection priority
system. In adopting the system's rules and regulations, the
department shall incorporate methodologies consistent with those used
by the Federal Motor Carrier Safety Administration, including those
related to the quantitative analysis of safety-related motor carrier
performance data, collected during the course of inspection or
enforcement contact by authorized representatives of the department
or any authorized federal, state, or local safety official, in
categories, including, but not limited to, driver fatigue, driver
fitness, vehicle maintenance, and controlled substances and alcohol
use. The department shall also incorporate other safety-related motor
carrier performance data in this system, including citations and
accident information. The department shall create a database to
include all performance-based data specified in this section that
shall be updated in a manner to provide real-time information to the
department on motor carrier performance. The department shall
prioritize for selection those motor carrier terminals never
previously inspected by the department, those identified by the
inspection priority selection system, and those terminals operating
vehicles listed in subdivision (g) of Section 34500. The department
is not required to inspect a terminal subject to inspection pursuant
to this section more often than once every six years, if a terminal
receives a satisfactory compliance rating as the result of a terminal
inspection conducted by the department pursuant to this section or
Section 34501, or if the department has not received notification by
the system of a motor carrier operating while exceeding the threshold
of the inspection selection priority system. Any motor carrier that
is inspected and receives less than a satisfactory compliance rating,
or that falls below the threshold of the selection priority system,
shall be subject to periodic inquiries and inspections as outlined in
subdivision (f), and these inquiries and inspections shall be based
on the severity of the violations.
(3) As used in this section and Section 34505.6, subdivision (f)
of Section 34500 includes only those combinations where the gross
vehicle weight rating of the towing vehicle exceeds 10,000 pounds,
but does not include a pickup truck or any combination never operated
in commercial use, and subdivision (g) of Section 34500 includes
only those vehicles transporting hazardous material for which the
display of placards is required pursuant to Section 27903, a license
is required pursuant to Section 32000.5, or for which hazardous waste
transporter registration is required pursuant to Section 25163 of
the Health and Safety Code. Notwithstanding Section 5014.1, vehicles
that display special identification plates in accordance with Section
5011, historical vehicles, as described in Section 5004, implements
of husbandry and farm vehicles, as defined in Chapter 1 (commencing
with Section 36000) of Division 16 with the exception of vehicles
operating in the pilot program established pursuant to Section 36103,
and vehicles owned or operated by an agency of the federal
government are not subject to this section or Section 34505.6.
(d) It is unlawful for a motor carrier to operate, or cause to be
operated, any vehicle that is subject to this section, Section 34520,
or Division 14.85 (commencing with Section 34600), unless the motor
carrier is knowledgeable of, and in compliance with, all applicable
statutes and regulations.
(e) It is unlawful for a motor carrier to contract or subcontract
with, or otherwise engage the services of, another motor carrier,
subject to this section, unless the contracted motor carrier has
complied with subdivision (d). A motor carrier shall not contract or
subcontract with, or otherwise engage the services of, another motor
carrier until the contracted motor carrier provides certification of
compliance with subdivision (d). This certification shall be
completed in writing by the contracted motor carrier in a manner
prescribed by the department. The certification, or a copy of the
certification, shall be maintained by each involved party for the
duration of the contract or the period of service plus two years, and
shall be presented for inspection immediately upon the request of an
authorized employee of the department. The certifications required
by this subdivision and subdivision (b) of 34620 may be combined.
(f) (1) An inspected terminal that receives an unsatisfactory
compliance rating shall be reinspected by the department within 120
days after the issuance of the unsatisfactory compliance rating.
(2) If a motor carrier's Motor Carrier of Property Permit or
Public Utilities Commission operating authority is suspended as a
result of an unsatisfactory compliance rating, the department shall
not conduct a reinspection for permit or authority reinstatement
until requested to do so by the Department of Motor Vehicles or the
Public Utilities Commission, as appropriate.
(g) A motor carrier issued an unsatisfactory terminal rating may
request a review of the rating within five business days of receipt
of the notification of the rating. The department shall conduct and
evaluate the review within 10 business days of the request.
(h) The department shall publish performance-based inspection
completion data and make the data available for public review.
(i) This section shall be known, and may be cited, as the Basic
Inspection of Terminals program or BIT program.
SEC. 2. Section 34622 of the Vehicle Code is amended to read:
34622. This chapter does not apply to any of the following:
(a) Vehicles described in Section 5004 or 5011, and those that are
exempt from vehicle registration fees with the exception of vehicles
operating in the pilot program established pursuant to Section
36103.
(b) 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.
SEC. 3. Section 36103 is added to the Vehicle Code, to read:
36103. (a) Notwithstanding any other law, the Department of the
California Highway Patrol and the Department of Motor Vehicles shall
establish a pilot program in the Counties of Fresno, Kings, and
Madera to evaluate exemption from vehicle registration for a motor
vehicle designed and used exclusively for carrying, or returning from
carrying, agricultural or farming products, and used on a highway
between one part of a farm to another part of that farm, or from one
farm to another farm, for a distance of no more than 20 air miles.
The following requirements shall be met before participation is
allowed in the pilot program:
(1) Operation on the highway is only incidental to a farming
operation and not for hire.
(2) The vehicle displays a special identification plate issued
pursuant to Section 5014.
(3) The applicant obtains a carrier identification number issued
by the Department of the California Highway Patrol, pursuant to
Section 34507.5.
(4) The applicant obtains a motor carrier permit issued pursuant
to Section 34620 or 34621.
(5) The applicant agrees to conduct periodic inspections, pursuant
to Section 34505.5, of vehicles participating in the pilot program.
(6) The employer of the driver enrolls in the Department of Motor
Vehicles pull-notice system for the purpose of providing the employer
with a report showing the driver's current public record as recorded
by the department and any subsequent conviction, failure to appear,
accident, driver's license suspension, driver's license revocation,
or any other action taken against the driving privilege if the
vehicle requires a class A, class B, or class C license with a
hazardous materials or any other applicable endorsement required by
Section 15278. An owner or family member who drives the vehicle shall
be enrolled as if he or she were an employee.
(b) On or before July 1, 2018, the Department of the California
Highway Patrol and the Department of Motor Vehicles shall report to
the Legislature on the status and effectiveness of the pilot program,
including, but not limited to, a description of the number of
vehicles enrolled, an evaluation of the loss of registration funding
attributable to the program, and a description of collisions
involving vehicles enrolled, enforcement issues, and safety issues. A
report submitted pursuant to this subdivision shall be submitted
pursuant to Section 9795 of the Government Code.
(c) This section shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.
SEC. 4. Section 36305 of the Vehicle Code is amended to read:
36305. (a) The driver of any implement of husbandry shall possess
a valid class C driver's license when operating a combination of
vehicles at a speed in excess of 25 miles per hour or towing any
implement of husbandry as specified in subdivision (d), (e), or (j)
of Section 36005.
(b) Notwithstanding Section 36300, a person shall not operate a
vehicle pursuant to the pilot program established in Section 36103
unless the person has in his or her possession a valid driver's
license for the applicable vehicle type.
SEC. 5. Section 1.5 of this bill incorporates amendments to
Section 34501.12 of the Vehicle Code proposed by both this bill and
Assembly Bill 1960. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2017, (2)
each bill amends Section 34501.12 of the Vehicle Code, and (3) this
bill is enacted after Assembly Bill 1960, in which case Section 1 of
this bill shall not become operative.
SEC. 6. 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.
