Bill Text: CA AB995 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Farm vehicles: registration exemptions.

Sponsorship: Partisan Bill (Republican 1)

Status: (Vetoed) 2016-09-28 - Vetoed by Governor. [AB995 Detail]

Download: California-2015-AB995-Amended.html

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BILL NUMBER: AB 995	AMENDED
	BILL TEXT

	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  Section 36101   Sections
34501.12, 34622, and 36305  of, and to add  and repeal 
Section  36013 to,   36103 o   f,
 the Vehicle Code, relating to farm vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 995, as amended, 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 add onion hauling trucks to the list of farm
vehicles exempt from registration, if the vehicles have and display
an identification plate. The bill would define onion hauling trucks
for these purposes. The bill would also require that anyone operating
an onion hauling truck have in his or her possession a valid Class A
license. A violation of these provisions would be punishable as an
infraction.  
   This bill would, until January 1, 2020, establish a pilot program
in the county of Fresno 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. 
   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 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,   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 which 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) When 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.
   (j) This section shall become operative on January 1, 2016.
   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.   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 County of Fresno 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 or compensation.
   (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.    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.  
  SECTION 1.    Section 36013 is added to the
Vehicle Code, to read:
   36013.  An "Onion Hauling Truck" is a specialized motor truck
equipped with a loading conveyor belt that is designed and used
exclusively to transport field manufactured onions to an onion
processing facility or onion packing shed and that travels on a
highway for a distance not to exceed 20 miles from the point of
origin of the trip.  
  SEC. 2.    Section 36101 of the Vehicle Code is
amended to read:
   36101.  The following farm vehicles are exempt from registration,
if they have and display an identification plate as specified in
Section 5014. These vehicles also shall not be deemed to be
implements of husbandry, and they shall be subject to all equipment
and device requirements as if registered:
   (a) A motor vehicle of a size so as to require a permit under
Section 35780, owned and operated by a farmer, designed and used
exclusively for carrying, or returning empty from carrying, feed and
seed products of farming, and used on a highway between one part of a
farm to another part of that farm or from one farm to another farm.
   (b) A vehicle equipped with a water tank owned by a farmer and
used exclusively to service his or her own implements of husbandry.
   (c) A water tank truck that is owned by a farmer, not operated for
compensation, and used extensively in the conduct of agricultural
operations, when used exclusively (1) for sprinkling water on dirt
roads providing access to agricultural fields or (2) transportation
of water for irrigation of crops or trees.
   (d) (1) A cotton module mover, as defined in Section 36012.
   (2) In order to maintain the exemption from registration granted
under this subdivision for a truck tractor, when combined with a
semitrailer, the owner of that truck tractor shall not operate it
during the exemption period in any manner other than as a cotton
module mover, as defined in Section 36012, and shall do all of the
following:
   (A) Register the vehicle with the department before operating it
as a commercial motor vehicle.
   (B) Apply to the department on a yearly basis for any renewal of
the exemption from registration.
   (3) Exemption from registration under this subdivision does not
exempt a truck tractor, when combined with a semitrailer, operating
as a cotton module mover pursuant to Section 36012 and this
subdivision from the applicable safety requirements of this code or
any regulation adopted pursuant to any statute, including, but not
limited to, equipment standards, driver licensing requirements,
maximum driving and on-duty hours provisions, log book requirements,
drug and alcohol testing, maintenance of vehicles, and any driver or
vehicle standards specified in Division 14.8 (commencing with Section
34500).
   (4) Truck tractors exempt from registration under this subdivision
are subject to the fees imposed under Sections 9250, 9250.8, and
9250.13, and to any other vehicle fees that are imposed by statute on
or after January 1, 1998, that are deposited in the Motor Vehicle
Account.
   (e) A trailer that is equipped with a plenum chamber for the
drying of agricultural commodities.
   (f) Except as provided in subdivision (j) of Section 36005, a trap
wagon, as defined in Section 36016, that is equipped with a fuel
tank or tanks. The fuel tank or tanks shall not exceed 3,000 gallons
total capacity.
   (g) A forklift truck, operated by a farmer not for compensation.
For purposes of this section, a hay-squeeze shall be deemed a
forklift.
   (h) (1) A truck tractor or truck tractor and semitrailer
combination specified in this subdivision that is owned by a farmer
and operated on the highways only incidental to a farming operation
and not for compensation. This subdivision applies only to truck
tractors with a manufacturer's gross vehicle weight rating over
10,000 pounds that are equipped with all-wheel drive and off-highway
traction tires on all wheels, and only to semitrailers used in
combination with that truck tractor and exclusively in the production
or harvesting of melons. The vehicles specified in this subdivision
shall not be operated in excess of 25 miles per hour on the highways.

    (2) The Commissioner of the California Highway Patrol may, by
regulation, prohibit the vehicles specified in this subdivision from
operating on specific routes. These vehicles shall not be operated
laden on the highway for more than two miles from the point of origin
and shall not be operated for more than 30 miles unladen on the
highway from the point of origin. These vehicles shall not be
operated for more than 15 miles unladen on the highway from the point
of origin, unless accompanied by an escort vehicle to the front, and
an escort vehicle to the rear.
   (i) (1) A motor vehicle specifically designed for, and used
exclusively in, an agricultural operation for purposes of carrying,
or returning empty from carrying, silage that is operated by a
farmer, an employee of the farmer, or a contracted employee of the
farmer between one part of a farm to another part of that farm or
from one farm to another farm, on a highway for a distance not to
exceed 20 miles from the point of origin of the trip. This
subdivision does not include a vehicle that is used for the
transportation of silage for retail sales.
   (2) For the purposes of this subdivision, "silage" includes field
corn, sorghum, grass, legumes, cereals, or cereal mixes, either green
or mature, converted into feed for livestock.
   (j) (1) An onion hauling truck, as defined in Section 36013.
   (2) In order to maintain the exemption from registration granted
under this subdivision for a motor truck, when combined with a
semitrailer, the owner of that onion hauling truck shall not operate
the vehicle during the exemption period in any manner other than as
an onion hauling truck, and shall do all of the following:
   (A) Register the vehicle with the department before operating it
as a commercial motor vehicle.
   (B) Apply to the department as required pursuant to Section 5014
for any renewal of the exemption from registration.
   (3) Exemption from registration under this subdivision does not
exempt a motor truck semitrailer that is equipped with a loading
conveyer belt, operating as an onion hauling truck pursuant to
Section 36013 and this subdivision from the safety requirements of
this code or any regulation adopted pursuant to any statute,
including, but not limited to, equipment standards, driver licensing
requirements, maximum driving and on-duty hours provisions, log book
requirements, drug and alcohol testing, maintenance of vehicles, and
any driver or vehicle standards specified in Division 14.8
(commencing with Section 34500).
   (4) A person shall not operate an onion hauling truck unless the
person has in his or her possession a valid Class A driver's license.
A violation of this paragraph shall be punishable as an infraction.
 
  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.