AB 1960: Vehicles: Basic Inspection of Terminals program.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2016-09-28
Existing law, the Basic Inspection of Terminals (BIT) program, makes it unlawful for a motor carrier to operate a specified type of vehicle, including, but not limited to, combination of a motortruck and a specified vehicle or vehicles that exceeds 40 feet in length when coupled together, without identifying to the Department of the California Highway Patrol all terminals, as defined, in this state where vehicles may be inspected by the department and where vehicle inspection and maintenance records and driver records will be made available for inspection. Existing law requires motor carriers to make vehicles and records available for inspection upon request by an authorized representative of the department.
This bill would, until January 1, 2023, exclude an agricultural vehicle from being subject to the BIT program, and would define agricultural vehicle to mean a vehicle or combination of vehicles with a gross combination weight rating or a gross vehicle weight rating of 26,000 pounds or less if specified conditions are met, including that the vehicle is operated by certain individuals and is used exclusively in the conduct of agricultural operations when operating in commerce. The bill would require the Department of the California Highway Patrol, in consultation with the Department of Motor Vehicles, to, on or before January 1, 2022, report to the Governor and the Legislature about the impact of excluding agricultural vehicles from the BIT program, as specified.
This bill would incorporate changes to Section 34500.6 of the Vehicle Code, as proposed to be added by this bill, that would become operative only if AB 995 is enacted on or before January 1, 2017, and adds Section 36103 to the Vehicle Code.
This bill would incorporate additional changes to Section 34501.12 of the Vehicle Code proposed by AB 995, that would become operative only if this bill and AB 995 are both chaptered and become effective on or before January 1, 2017, and this bill is chaptered last.
Existing law, the Basic Inspection of Terminals (BIT) program, makes it unlawful for a motor carrier to operate a specified type of vehicle, including, but not limited to, combination of a motortruck and a specified vehicle or vehicles that exceeds 40 feet in length when coupled together, without identifying to the Department of the California Highway Patrol all terminals, as defined, in this state where vehicles may be inspected by the department and where vehicle inspection and maintenance records and driver records will be made available for inspection. Existing law requires motor carriers to make vehicles and records available for inspection upon request by an authorized representative of the department.
This bill would, until January 1, 2023, exclude an agricultural vehicle from being subject to the BIT program, and would define agricultural vehicle to mean a vehicle or combination of vehicles with a gross combination weight rating or a gross vehicle weight rating of 26,000 pounds or less if specified conditions are met, including that the vehicle is operated by certain individuals and is used exclusively in the conduct of agricultural operations when operating in commerce. The bill would require the Department of the California Highway Patrol, in consultation with the Department of Motor Vehicles, to, on or before January 1, 2022, report to the Governor and the Legislature about the impact of excluding agricultural vehicles from the BIT program, as specified.
This bill would incorporate changes to Section 34500.6 of the Vehicle Code, as proposed to be added by this bill, that would become operative only if AB 995 is enacted on or before January 1, 2017, and adds Section 36103 to the Vehicle Code.
This bill would incorporate additional changes to Section 34501.12 of the Vehicle Code proposed by AB 995, that would become operative only if this bill and AB 995 are both chaptered and become effective on or before January 1, 2017, and this bill is chaptered last.
Existing law, the Basic Inspection of Terminals (BIT) program, makes it unlawful for a motor carrier to operate a specified type of vehicle, including, but not limited to, combination of a motortruck and a specified vehicle or vehicles that exceeds 40 feet in length when coupled together, without identifying to the Department of the California Highway Patrol all terminals, as defined, in this state where vehicles may be inspected by the department and where vehicle inspection and maintenance records and driver records will be made available for inspection. Existing law requires motor carriers to make vehicles and records available for inspection upon request by an authorized representative of the department.
This bill would would, until January 1, 2023, exclude an agricultural vehicle from being subject to the BIT program, and would define agricultural vehicle to mean a vehicle or combination of vehicles with a gross combination weight rating or a gross vehicle weight rating of 26,000 pounds or less if specified conditions are met, including that the vehicle is operated by certain individuals and is used exclusively in the conduct of agricultural operations when operating in commerce. The bill would require the Department of the California Highway Patrol, in consultation with the Department of Motor Vehicles, to, on or before January 1, 2022, report to the Governor and the Legislature about the impact of excluding agricultural vehicles from the BIT program, as specified.
This bill would incorporate changes to Section 34500.6 of the Vehicle Code, as proposed to be added by this bill, that would become operative only if AB 995 is enacted on or before January 1, 2017, and adds Section 36103 to the Vehicle Code.
This bill would incorporate additional changes to Section 34501.12 of the Vehicle Code proposed by AB 995, that would become operative only if this bill and AB 995 are both chaptered and become effective on or before January 1, 2017, and this bill is chaptered last.
Existing law, the Basic Inspection of Terminals (BIT) program, makes it unlawful for a motor carrier to operate a specified type of vehicle, including, but not limited to, combination of a motortruck and a specified vehicle or vehicles that exceeds 40 feet in length when coupled together, without identifying to the Department of the California Highway Patrol all terminals, as defined, in this state where vehicles may be inspected by the department and where vehicle inspection and maintenance records and driver records will be made available for inspection. Existing law requires motor carriers to make vehicles and records available for inspection upon request by an authorized representative of the department.
This bill would exclude an agricultural vehicle from being subject to the BIT program, and would define agricultural vehicle to mean a vehicle or combination of vehicles with a gross combination weight rating or a gross vehicle weight rating of 26,000 pounds or less if specified conditions are met, including that the vehicle is operated by certain individuals and is used exclusively in the conduct of agricultural operations. operations when operating in commerce.
This bill would incorporate changes to Section 34500.6 of the Vehicle Code, as proposed to be added by this bill, that would become operative only if AB 995 is enacted on or before January 1, 2017, and adds Section 36103 to the Vehicle Code.
This bill would incorporate additional changes to Section 34501.12 of the Vehicle Code proposed by AB 995, that would become operative only if this bill and AB 995 are both chaptered and become effective on or before January 1, 2017, and this bill is chaptered last.
Existing law, the Basic Inspection of Terminals (BIT) program, makes it unlawful for a motor carrier to operate a specified type of vehicle, including, but not limited to, combination of a motortruck and a specified vehicle or vehicles that exceeds 40 feet in length when coupled together, without identifying to the Department of the California Highway Patrol all terminals, as defined, in this state where vehicles may be inspected by the department and where vehicle inspection and maintenance records and driver records will be made available for inspection. Existing law requires motor carriers to make vehicles and records available for inspection upon request by an authorized representative of the department.
This bill would exclude an agricultural vehicle from being subject to the BIT program, and would define agricultural vehicle to mean a vehicle or combination of vehicles with a gross combination weight rating or a gross vehicle weight rating of 26,000 pounds or less if specified conditions are met, including that the vehicle is operated by certain individuals and is used exclusively in the conduct of agricultural operations.
Existing law, the Basic Inspection of Terminals (BIT) program, makes it unlawful for a motor carrier to operate a specified type of vehicle, including, but not limited to, combination of a motortruck and a specified vehicle or vehicles that exceeds 40 feet in length when coupled together, without identifying to the Department of the California Highway Patrol all terminals, as defined, in this state where vehicles may be inspected by the department and where vehicle inspection and maintenance records and driver records will be made available for inspection. Existing law requires motor carriers to make vehicles and records available for inspection upon request by an authorized representative of the department.
This bill would exclude an agricultural vehicle from being subject to the BIT program, and would define agricultural vehicle to mean a vehicle or combination of vehicles with a gross combination weight rating or a gross vehicle weight rating of 26,000 pounds or less if specified conditions are met, including that the vehicle is operated by certain individuals and is used exclusively in the conduct of agricultural operations.
Existing law defines a pickup truck to mean a motor truck with a manufacturers 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 make technical, nonsubstantive changes to that provision.
Existing law defines a pickup truck to mean a motor truck with a manufacturers 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 make technical, nonsubstantive changes to that provision.
(a)For purposes of this division, an agricultural vehicle is a vehicle or combination of vehicles with a gross combination weight rating or a gross vehicle weight rating of 26,000 pounds or less if all of the following conditions are met:
(1)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.
(2)Is used exclusively in the conduct of agricultural operations when operating in commerce.
(3)Is not used in the capacity of a for-hire carrier or for compensation.
(4)The towing vehicle has a gross weight rating of 16,000 pounds or less.
(5)Is used solely in intrastate commerce.
(b)On or before January 1, 2022, the Department of the California Highway Patrol, in consultation with the Department of Motor Vehicles, shall report to the Governor and the Legislature about the impact of excluding an agricultural vehicle, as defined in subdivision (a), from the provisions of Section 34501.12. The report shall include, but is not limited to, information about collisions involving excluded vehicles and any traffic safety issues associated with excluded vehicles. The report described in this subdivision shall be submitted pursuant to Section 9795 of the Government Code.
(c)This section shall remain in effect only until January 1, 2023, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2023, deletes or extends that date.
SEC. 1.5.Section 34500.6 is added to the Vehicle Code, to read:34500.6.(a)For purposes of this division, an agricultural vehicle is a vehicle or combination of vehicles with a gross combination weight rating or a gross vehicle weight rating of 26,000 pounds or less if all of the following conditions are met:
(1)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.
(2)Is used exclusively in the conduct of agricultural operations when operating in commerce.
(3)Is not used in the capacity of a for-hire carrier or for compensation.
(4)The towing vehicle has a gross weight rating of 16,000 pounds or less.
(5)Is used solely in intrastate commerce.
(b)This section does not apply to a motor vehicle that is subject to Section 36103.
(c)On or before January 1, 2022, the Department of the California Highway Patrol, in consultation with the Department of Motor Vehicles, shall report to the Governor and the Legislature about the impact of excluding an agricultural vehicle, as defined in subdivision (a), from the provisions of Section 34501.12. The report shall include, but is not limited to, information about collisions involving excluded vehicles and any traffic safety issues associated with excluded vehicles. The report described in this subdivision shall be submitted pursuant to Section 9795 of the Government Code.
(d)This section shall remain in effect only until January 1, 2023, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2023, deletes or extends that date.
SEC. 2.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:
Fleet Size | Representative |
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 systems 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, 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 carriers 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 remain in effect only until January 1, 2023, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2023, deletes or extends that date.
SEC. 2.5.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:
Fleet Size | Representative |
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 systems 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 carriers 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 remain in effect only until January 1, 2023, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2023, deletes or extends that date.
SEC. 3.Section 34501.12 is added to the Vehicle Code, 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:
Fleet Size | Representative |
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 systems 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 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 carriers 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, 2023.
SEC. 3.5.Section 34501.12 is added to the Vehicle Code, 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:
Fleet Size | Representative |
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 systems 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 carriers 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, 2023.
SEC. 4.Section 1.5 of this bill shall become operative only if Assembly Bill 995 is enacted and becomes effective on or before January 1, 2017, and adds Section 36103 to the Vehicle Code, in which case Section 1 of this bill shall not become operative.
SEC. 5.Sections 2.5 and 3.5 of this bill incorporate amendments to Section 34501.12 of the Vehicle Code proposed by both this bill and Assembly Bill 995. 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 995, in which case Sections 2 and 3 of this bill shall not become operative.
(a)For purposes of this division, an agricultural vehicle is a vehicle or combination of vehicles with a gross combination weight rating or a gross vehicle weight rating of 26,000 pounds or less if all of the following conditions are met:
(1)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.
(2)Is used exclusively in the conduct of agricultural operations when operating in commerce.
(3)Is not used in the capacity of a for-hire carrier or for compensation.
(4)The towing vehicle has a gross weight rating of 16,000 pounds or less.
(5)Is used solely in intrastate commerce.
(b)On or before January 1, 2022, the Department of the California Highway Patrol, in consultation with the Department of Motor Vehicles, shall report to the Governor and the Legislature about the impact of excluding an agricultural vehicle, as defined in subdivision (a), from the provisions of Section 34501.12. The report shall include, but is not limited to, information about collisions involving excluded vehicles and any traffic safety issues associated with excluded vehicles. The report described in this subdivision shall be submitted pursuant to Section 9795 of the Government Code.
(c)This section shall remain in effect only until January 1, 2023, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2023, deletes or extends that date.
SEC. 1.5.Section 34500.6 is added to the Vehicle Code, to read:34500.6.(a)For purposes of this division, an agricultural vehicle is a vehicle or combination of vehicles with a gross combination weight rating or a gross vehicle weight rating of 26,000 pounds or less if all of the following conditions are met:
(1)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.
(2)Is used exclusively in the conduct of agricultural operations when operating in commerce.
(3)Is not used in the capacity of a for-hire carrier or for compensation.
(4)The towing vehicle has a gross weight rating of 16,000 pounds or less.
(5)Is used solely in intrastate commerce.
(b)This section does not apply to a motor vehicle that is subject to Section 36103.
(c)On or before January 1, 2022, the Department of the California Highway Patrol, in consultation with the Department of Motor Vehicles, shall report to the Governor and the Legislature about the impact of excluding an agricultural vehicle, as defined in subdivision (a), from the provisions of Section 34501.12. The report shall include, but is not limited to, information about collisions involving excluded vehicles and any traffic safety issues associated with excluded vehicles. The report described in this subdivision shall be submitted pursuant to Section 9795 of the Government Code.
(d)This section shall remain in effect only until January 1, 2023, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2023, deletes or extends that date.
SEC. 2.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:
Fleet Size | Representative |
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 systems 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, 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 carriers 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 remain in effect only until January 1, 2023, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2023, deletes or extends that date.
SEC. 2.5.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:
Fleet Size | Representative |
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 systems 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 carriers 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 remain in effect only until January 1, 2023, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2023, deletes or extends that date.
SEC. 3.Section 34501.12 is added to the Vehicle Code, 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:
Fleet Size | Representative |
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 systems 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 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 carriers 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, 2023.
SEC. 3.5.Section 34501.12 is added to the Vehicle Code, 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:
Fleet Size | Representative |
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 systems 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 carriers 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, 2023.
SEC. 4.Section 1.5 of this bill shall become operative only if Assembly Bill 995 is enacted and becomes effective on or before January 1, 2017, and adds Section 36103 to the Vehicle Code, in which case Section 1 of this bill shall not become operative.
SEC. 5.Sections 2.5 and 3.5 of this bill incorporate amendments to Section 34501.12 of the Vehicle Code proposed by both this bill and Assembly Bill 995. 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 995, in which case Sections 2 and 3 of this bill shall not become operative.
(a)For purposes of this division, an agricultural vehicle is a vehicle or combination of vehicles with a gross combination weight rating or a gross vehicle weight rating of 26,000 pounds or less if all of the following conditions are met:
(a)
(1)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.
(b)
(2)Is used exclusively in the conduct of agricultural operations when operating in commerce.
(c)
(3)Is not used in the capacity of a for-hire carrier or for compensation.
(d)
(4)The towing vehicle has a gross weight rating of 16,000 pounds or less.
(e)
(5)Is used solely in intrastate commerce.
(b)On or before January 1, 2022, the Department of the California Highway Patrol, in consultation with the Department of Motor Vehicles, shall report to the Governor and the Legislature about the impact of excluding an agricultural vehicle, as defined in subdivision (a), from the provisions of Section 34501.12. The report shall include, but is not limited to, information about collisions involving excluded vehicles and any traffic safety issues associated with excluded vehicles. The report described in this subdivision shall be submitted pursuant to Section 9795 of the Government Code.
(c)This section shall remain in effect only until January 1, 2023, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2023, deletes or extends that date.
SEC. 1.5.Section 34500.6 is added to the Vehicle Code, to read:34500.6.(a)For purposes of this division, an agricultural vehicle is a vehicle or combination of vehicles with a gross combination weight rating or a gross vehicle weight rating of 26,000 pounds or less if all of the following conditions are met:
(1)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.
(2)Is used exclusively in the conduct of agricultural operations when operating in commerce.
(3)Is not used in the capacity of a for-hire carrier or for compensation.
(4)The towing vehicle has a gross weight rating of 16,000 pounds or less.
(5)Is used solely in intrastate commerce.
(b)This section does not apply to a motor vehicle that is subject to Section 36103.
(c)On or before January 1, 2022, the Department of the California Highway Patrol, in consultation with the Department of Motor Vehicles, shall report to the Governor and the Legislature about the impact of excluding an agricultural vehicle, as defined in subdivision (a), from the provisions of Section 34501.12. The report shall include, but is not limited to, information about collisions involving excluded vehicles and any traffic safety issues associated with excluded vehicles. The report described in this subdivision shall be submitted pursuant to Section 9795 of the Government Code.
(d)This section shall remain in effect only until January 1, 2023, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2023, deletes or extends that date.
SEC. 2.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:
Fleet Size | Representative |
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 systems 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, 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 carriers 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 remain in effect only until January 1, 2023, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2023, deletes or extends that date.
SEC. 2.5.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:
Fleet Size | Representative |
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 systems 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 carriers 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 remain in effect only until January 1, 2023, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2023, deletes or extends that date.
SEC. 3.Section 34501.12 is added to the Vehicle Code, 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:
Fleet Size | Representative |
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 systems 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 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 carriers 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, 2023.
SEC. 3.5.Section 34501.12 is added to the Vehicle Code, 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:
Fleet Size | Representative |
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 systems 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 carriers 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, 2023.
SEC. 3.SEC. 4.Section 1.5 of this bill shall become operative only if Assembly Bill 995 is enacted and becomes effective on or before January 1, 2017, and adds Section 36103 to the Vehicle Code, in which case Section 1 of this bill shall not become operative.
SEC. 4.SEC. 5.Section Sections 2.5 and 3.5 of this bill incorporates incorporate amendments to Section 34501.12 of the Vehicle Code proposed by both this bill and Assembly Bill 995. 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 995, in which case Section 2 Sections 2 and 3 of this bill shall not become operative.
For purposes of this division, an agricultural vehicle is a vehicle or combination of vehicles with a gross combination weight rating or a gross vehicle weight rating of 26,000 pounds or less if all of the following conditions are met:
(a)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.
(b)Is used exclusively in the conduct of agricultural operations. operations when operating in commerce.
(c)Is not used in the capacity of a for-hire carrier or for compensation.
(d)The towing vehicle has a gross weight rating of 16,000 pounds or less.
(e)Is used solely in intrastate commerce.
SEC. 1.5.Section 34500.6 is added to the Vehicle Code, to read:34500.6.(a)For purposes of this division, an agricultural vehicle is a vehicle or combination of vehicles with a gross combination weight rating or a gross vehicle weight rating of 26,000 pounds or less if all of the following conditions are met:
(1)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.
(2)Is used exclusively in the conduct of agricultural operations when operating in commerce.
(3)Is not used in the capacity of a for-hire carrier or for compensation.
(4)The towing vehicle has a gross weight rating of 16,000 pounds or less.
(5)Is used solely in intrastate commerce.
(b)This section does not apply to a motor vehicle that is subject to Section 36103.
SEC. 2.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:
Fleet Size | Representative |
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 systems 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, 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)When If a motor carriers 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. 2.5.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. 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:
Fleet Size | Representative |
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 systems 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 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)When If a motor carriers 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. 3.Section 1.5 of this bill shall become operative only if Assembly Bill 995 is enacted and becomes effective on or before January 1, 2017, and adds Section 36103 to the Vehicle Code, in which case Section 1 of this bill shall not become operative.
SEC. 4.Section 2.5 of this bill incorporates amendments to Section 34501.12 of the Vehicle Code proposed by both this bill and Assembly Bill 995. 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 995, in which case Section 2 of this bill shall not become operative.
For purposes of this division, an agricultural vehicle is a vehicle or combination of vehicles with a gross combination weight rating or a gross vehicle weight rating of 26,000 pounds or less if all of the following conditions are met:
(a)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.
(b)Is used exclusively in the conduct of agricultural operations.
(c)Is not used in the capacity of a for-hire carrier or for compensation.
(d)The towing vehicle has a gross weight rating of 16,000 pounds or less.
(e)Is used solely in intrastate commerce.
SEC. 2.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:
Fleet Size | Representative |
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 systems 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, 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)When a motor carriers 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.
For purposes of this division, an agricultural vehicle is a vehicle or combination of vehicles with a gross combination weight rating or a gross vehicle weight rating of 26,000 pounds or less if all of the following conditions are met:
(a)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.
(b)Is used exclusively in the conduct of agricultural operations.
(c)Is not used in the capacity of a for-hire carrier or for compensation.
(d)The towing vehicle has a gross weight rating of 16,000 pounds or less.
SEC. 2.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. 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:
Fleet Size | Representative |
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 systems 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, 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 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)When a motor carriers 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.
SECTION 1.Section 471 of the Vehicle Code is amended to read:471.A pickup truck is a motor truck with a manufacturers gross vehicle weight rating of less than 11,500 pounds, an unladen weight of less than 8,001 pounds, and that is equipped with an open box-type bed not exceeding 9 feet in length. Pickup truck does not include a motor vehicle otherwise meeting the above definition that is equipped with a bed-mounted storage compartment unit commonly called a utility body.
A pickup truck is a motor truck with a manufacturers gross vehicle weight rating of less than 11,500 pounds, an unladen weight of less than 8,001 pounds, and which that is equipped with an open box-type bed not exceeding 9 feet in length. Pickup truck does not include a motor vehicle otherwise meeting the above definition, definition that is equipped with a bed-mounted storage compartment unit commonly called a utility body.
|
Date
|
Status
|
|---|---|
| May 12, 2016 | Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 4791.) |
| Sep 6, 2016 | Enrolled and presented to the Governor at 5:30 p.m. |
| Aug 29, 2016 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0. Page 6387.). |
| Aug 29, 2016 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Aug 24, 2016 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 26 pursuant to Assembly Rule 77. |
| Aug 23, 2016 | Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 5306.). |
| Aug 23, 2016 | Read third time. Passed. Ordered to the Assembly. |
| Aug 18, 2016 | Read second time. Ordered to third reading. |
| Aug 17, 2016 | Read third time and amended. Ordered to second reading. |
| Aug 2, 2016 | Read second time and amended. Ordered to third reading. |
| Aug 1, 2016 | From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and be amended. |
| Jun 29, 2016 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (June 28). Re-referred to Com. on APPR. |
| May 19, 2016 | Referred to Com. on T. & H. |
| May 12, 2016 | Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0.) |
| Feb 12, 2016 | Read first time. To print. |
| May 12, 2016 | Read third time. Passed. Ordered to the Senate. |
| May 12, 2016 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 9, 2016 | Read second time. Ordered to Consent Calendar. |
| May 5, 2016 | Read second time and amended. Ordered returned to second reading. |
| May 4, 2016 | From committee: Amend, and do pass as amended. To Consent Calendar. (Ayes 20. Noes 0.) (May 4). |
| Apr 19, 2016 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 15. Noes 0.) (April 18). Re-referred to Com. on APPR. |
| Apr 6, 2016 | In committee: Set, second hearing. Hearing canceled at the request of author. |
| Mar 29, 2016 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Mar 28, 2016 | Re-referred to Com. on TRANS. |
| Mar 18, 2016 | From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended. |
| Mar 17, 2016 | Referred to Com. on TRANS. |
| Feb 16, 2016 | From printer. May be heard in committee March 17. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 29, 2016 | AB 1960 LACKEY Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 23, 2016 | Assembly 3rd Reading AB1960 Lackey By Galgiani | Senate Floor |
Passed |
|
| Jun 28, 2016 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Transportation and Housing |
Passed |
|
| May 12, 2016 | AB 1960 LACKEY Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| May 4, 2016 | Do pass as amended. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 18, 2016 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Transportation |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Association Of California Egg Farmers | ** Support | Aug 23, 2016 |
| Board of Supervisors of Solano County | * Support | Jun 28, 2016 |
| California Association of Wine Grape Growers | ** Support | Aug 23, 2016 |
| California Cattlemen'S Association | ** Support | Aug 23, 2016 |
| California Farm Bureau Federation | ** Support | Aug 23, 2016 |
| California Grain & Feed Association | ** Support | Aug 23, 2016 |
| California Poultry Federation | ** Support | Aug 23, 2016 |
| California Teamsters Public Affairs Council | ** Against | Aug 23, 2016 |
| Contra Costa Farm Bureau | * Support | Apr 18, 2016 |
| County of Solano | * Support | Jun 28, 2016 |
| Family Winemakers Of California | ** Support | Aug 23, 2016 |
| Solano County | * Support | Jun 28, 2016 |
| Western Growers Association | ** Support | Aug 23, 2016 |
| Western States Trucking Association | ** Against | Aug 23, 2016 |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 1960
Author:(Lackey)
As Amended Ver:August 17, 2016
Majority vote
ASSEMBLY: | 78-0 | (May 12, 2016) | SENATE: | 39-0 | (August 23, 2016) |
Original Committee Reference: TRANS.
SUMMARY: Excludes an agricultural vehicle, as defined, from the Basic Inspection of Terminals (BIT) program conducted by the California Highway Patrol (CHP).
The Senate amendments:
- Add a sunset date of January 1, 2023, to the bill's provisions, and require CHP, in consultation with the Department of Motor Vehicles, to report to the Governor and the Legislature on the impact of excluding agricultural vehicles from the BIT program, including on collisions involving excluded vehicles and any traffic safety issues associated with excluded vehicles by January 1, 2022.
- Add provisions from AB 995 (Bigelow) of the current legislative session to avoid chaptering out conflicts.
- Make other technical, non-substantive changes.
EXISTING LAW:
- Requires CHP to regulate the safe operation of specified vehicles, including, but not limited to, the following:
- Motortrucks of three or more axles with a gross vehicle weight rating (GVWR) over 10,000 pounds;
- A combination of a motortruck and a specified vehicle or vehicles that exceeds 40 feet in length when coupled together; and,
- A commercial motor vehicle with a GVWR over 26,000 pounds or a commercial motor vehicle of any GVWR towing a trailer with a GVWR over 10,000 pounds, except combinations including camp trailers, trailer coaches, or utility trailers.
- Prohibits a motor carrier from operating any of the above specified types of vehicles without identifying to CHP all terminals in the state where those vehicles may be inspected and requires motor carriers to make vehicles and records available for inspection by CHP.
- Requires CHP to place an inspection priority on motor carrier terminals that have never been previously inspected and provides that non-priority terminals are not required to be inspected less than six years since their last inspection.
AS PASSED BY THE ASSEMBLY, this bill defined an "agricultural vehicle" as a vehicle or combination of vehicles with a gross combination weight rating or a GVWR of 26,000 pounds or less that is: operated by a farmer, employee of a farmer, or instructor credentialed in agriculture as part of an instructional program at the high school, community college, or university level; used exclusively in the conduct of agricultural operations; not used in the capacity of a for-hire carrier or for compensation; and where the towing vehicle has a GVWR of 16,000 pounds or less and exempted this type of vehicle from the BIT program.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS: The BIT program was implemented to ensure the safe operation of commercial vehicles by a motor carrier through the inspection of those vehicles at motor carrier terminals. AB 529 (Lowenthal), Chapter 500, Statutes of 2013, revised the BIT program to establish a performance-based model for inspections, where ongoing compliant motor carriers may be inspected only once every six years and non-compliant carriers would be targeted for additional inspections. More classifications of commercial motor vehicles were also brought into the jurisdiction of BIT inspections. Implementation of the revised BIT program began January 1, 2016, and fees start at $130 per terminal annually for the smallest fleets.
This bill would exempt vehicles and vehicle combinations operated by a farmer used solely or agricultural purposes and not used for-hire, as long as the gross combined weight rating of the combination does not exceed 26,000 pounds and the towing vehicle has a GVWR of less than 16,000 pounds. According to the author, BIT inspections of vehicles, including commonly-used pickup trucks and trailers used by farmers in their commercial enterprises and as their personal vehicles, may restrict an individual from operating a vehicle critical to his or her farming or ranching functions. The author states, "Although the BIT program may be appropriate for California's for-hire semi-truck fleet, regulating small family farmers and ranchers using pickups to haul tractors, equipment or a handful of cows is simply unnecessary."
Committee concerns: Although the exemption proposed by this bill relates only to agricultural vehicles, it is unclear what the safety impact of that exemption would be. The vehicles exempted from BIT by this bill would still be subject to other standards, including motor carrier permit and commercial driver's license requirements, and if a vehicle or carrier is found to be in violation, of those standards, they would still be subject to the appropriate penalties.
The exemption proposed by this bill includes combinations of vehicles used for agricultural operations with a gross combined wright rating of less than 26,000 pounds, as long as the towing vehicle has a GVWR of less than 16,000 pounds. This could potentially lead to light pickup trucks towing trailers over 10,000 pounds, without being subject to at least periodic inspection. While use of these combinations may, as the author states, be limited to incidental and not for-hire use by small agricultural outfits, this bill would not prevent larger agricultural operators from using these combinations over long ranges on highways where other motorists would be exposed to these uninspected and potentially unsafe vehicles. This bill would do nothing to distinguish vehicle combinations on the road operated by farmers from those operated by any other occupation, making it unclear how CHP or other law enforcement agencies would be able to determine what vehicles are subject to inspection and what vehicles are not.
Analysis Prepared by: Justin Behrens / TRANS. / (916) 319-2093 FN: 0004558
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 1960
: Senate
SENATE TRANS. & HOUSING COMMITTEE: 10-0, 6/28/16
AYES: Beall, Cannella, Allen, Bates, Gaines, Galgiani, Leyva, McGuire, Mendoza, Roth
NO VOTE RECORDED: Wieckowski
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 78-0, 5/12/16 (Consent) - See last page for vote
SOURCE: California Cattlemen’s Association
DIGEST: This bill excludes an agricultural vehicle, as defined, from the Basic Inspection of Terminals (BIT) program conducted by the California Highway Patrol (CHP).
Existing law:
- Requires CHP to regulate the safe operation of commercial and various other types of vehicles, as specified.
- Prohibits a motor carrier from operating specific types of vehicles without identifying to CHP all terminals in the state where those vehicles may be inspected.
- Requires motor carriers to make vehicles and records available for inspection by CHP. If a motor carrier fails to provide vehicles and records, an unsatisfactory terminal rating is required to be issued by CHP.
- Provides that under the BIT program, the inspection of vehicles at a terminal be based on a representative sample of a terminal fleet size, according to a specified schedule.
- Requires CHP to place an inspection priority on motor-carrier terminals that have never been previously inspected, vehicles transporting hazardous materials, and vehicles that receive unsatisfactory ratings. Provides that non-priority terminals are not required to be inspected less than six years since their last inspection.
This bill:
- Defines an “agricultural vehicle” as a vehicle or combination of vehicles with a gross combination weight rating or a gross vehicle weight rating (GVWR) of 26,000 pounds or less that is operated by a farmer, employee of a farmer, or instructor credentialed in agriculture as part of an instructional program at the high school, community college, or university level; used exclusively in the conduct of agricultural operations; not used in the capacity of a for-hire carrier or for compensation; and where the towing vehicle has a GVWR of 16,000 pounds or less.
- Exempts an agricultural vehicle from the BIT program.
- Includes several technical cleanup amendments and adds double-jointing language to avoid chaptering out conflicts with AB 995 (Bigelow) of the current legislative session.
Comments
- Purpose. The author notes, “Vehicle and vehicle combinations subject to BIT include commonly-used pickup trucks and pickup-and-trailer combinations that for most farmers and ranchers also serve as their personal vehicles. If not used in farming, ranching or another commercial enterprise, these vehicles and vehicle combinations would otherwise be exempt from the BIT program.”
The author introduced this bill to propose a narrowly tailored exemption from BIT solely for farmers and ranchers, so long as the pickup and/or pickup-and-trailer combination is used solely in agriculture, not used for hire, the total gross combined weight rating of the pickup and trailer does not exceed 26,000 pounds, the pickup or towing vehicle has a GVWR of less than 16,000 pounds, and the vehicle(s) are used solely in intrastate commerce.
- CHP’s BIT program. The BIT program was implemented to ensure the safe operation of commercial vehicles by a motor carrier through the inspection of those vehicles at motor-carrier terminals. In 2013, AB 529 (Lowenthal, Chapter 500, Statutes of 2013) revised the BIT program to establish a performance-based model for inspections, moving away from motor-carrier terminal inspections occurring once every 25 months to a model where ongoing compliant motor carriers may be inspected only once every six years. Non-compliant carriers would be targeted for additional inspections to ensure compliance. In switching to this performance-based system, more classifications of commercial motor vehicles were brought into the jurisdiction of BIT inspections, which both increased the number of vehicles inspected for safety by CHP and spread the cost for operating the program over a greater number of vehicles. Implementation of the revised BIT program began January 1, 2016, and fees required under the BIT program start at $130 per terminal annually for the smallest fleet sizes.
- A necessary carve-out? Although the exemption proposed by this bill relates only to agricultural vehicles, it is unclear why these particular vehicles need to be exempted from the BIT program. The author’s argument that these vehicles are used for both passenger and commercial purposes (i.e., more operation on public roads and highways) provides a greater argument as to why these vehicles should in fact be included in the BIT program.
Furthermore, it is unclear what the safety impact of this exemption would be. If the specified vehicles are not inspected under the BIT program, the risk of non-compliance with vehicle safety standards and properly maintained driver records is increased. However, it is important to note that these vehicles will still be subject to various safety requirements, including motor-carrier permit and commercial driver’s license requirements, and if a vehicle or carrier is found to be in violation of such requirements, they would still be subject to the appropriate penalties.
Lastly, with a particular exemption for agricultural vehicles, this bill sets a precedent which may lead to future legislative proposals for vehicle exemptions from other industries.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
California Cattlemen’s Association (source)
Association of California Egg Farmers
California Association of Wine Grape Growers
California Farm Bureau Federation
California Grain & Feed Association
California Poultry Federation
Family Winemakers of California
Western Growers Association
California Teamsters Public Affairs Council
Western States Trucking Association
ASSEMBLY FLOOR: 78-0, 5/12/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
NO VOTE RECORDED: Burke, Jones-Sawyer
8/15/16 9:24:30
**** END ****
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2015 - 2016 Regular
Bill No: AB 1960 Hearing Date: 6/28/2016
Author: | Lackey | ||
Version: | 5/5/2016 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Manny Leon | ||
SUBJECT: Vehicles: Basic Inspection of Terminals program
DIGEST: This bill excludes an agricultural vehicle, as defined, from the Basic Inspection of Terminals (BIT) program conducted by the California Highway Patrol (CHP).
ANALYSIS:
Existing law:
- Requires CHP to regulate the safe operation of commercial and various other types of vehicles, as specified.
- Prohibits a motor carrier from operating specific types of vehicles without identifying to CHP all terminals in the state where those vehicles may be inspected.
- Requires motor carriers to make vehicles and records available for inspection by CHP. If a motor carrier fails to provide vehicles and records, an unsatisfactory terminal rating is required to be issued by CHP.
- Provides that under the BIT program, the inspection of vehicles at a terminal be based on a representative sample of a terminal fleet size, according to a specified schedule.
- Requires CHP to place an inspection priority on motor-carrier terminals that have never been previously inspected, vehicles transporting hazardous materials, and vehicles that receive unsatisfactory ratings. Provides that non-priority terminals are not required to be inspected less than six years since their last inspection.
This bill:
- Defines an “agricultural vehicle” as a vehicle or combination of vehicles with a gross combination weight rating or a gross vehicle weight rating (GVWR) of 26,000 pounds or less that is operated by a farmer, employee of a farmer, or instructor credentialed in agriculture as part of an instructional program at the high school, community college, or university level; used exclusively in the conduct of agricultural operations; not used in the capacity of a for-hire carrier or for compensation; and where the towing vehicle has a GVWR of 16,000 pounds or less.
- Exempts an agricultural vehicle from the BIT program.
COMMENTS:
- Purpose. The author notes, “Vehicle and vehicle combinations subject to BIT include commonly-used pickup trucks and pickup-and-trailer combinations that for most farmers and ranchers also serve as their personal vehicles. If not used in farming, ranching or another commercial enterprise, these vehicles and vehicle combinations would otherwise be exempt from the BIT program.
The author introduced this bill to propose a narrowly-tailored exemption from BIT solely for farmers and ranchers, so long as the pickup and/or pickup-and-trailer combination is used solely in agriculture, not used for hire, the total gross combined weight rating of the pickup and trailer does not exceed 26,000 pounds, the pickup or towing vehicle has a GVWR of less than 16,000 pounds, and the vehicle(s) are used solely in intrastate commerce.
- CHP’s BIT program. The BIT program was implemented to ensure the safe operation of commercial vehicles by a motor carrier through the inspection of those vehicles at motor carrier terminals. In 2013, AB 529 (Lowenthal, Chapter 500, Statutes of 2013) revised the BIT program to establish a performance-based model for inspections, moving away from motor-carrier terminal inspections occurring once every 25 months to a model where ongoing compliant motor carriers may be inspected only once every six years. Non-compliant carriers would be targeted for additional inspections to ensure compliance. In switching to this performance-based system, more classifications of commercial motor vehicles were brought into the jurisdiction of BIT inspections, which both increased the number of vehicles inspected for safety by CHP and spread the cost for operating the program over a greater number of vehicles. Implementation of the revised BIT program began January 1, 2016, and fees required under the BIT program start at $130 per terminal annually for the smallest fleet sizes.
- A necessary carve-out? Although the exemption proposed by this bill relates only to agricultural vehicles, it is unclear why these particular vehicles need to be exempted from the BIT program. The author’s argument that these vehicles are used for both passenger and commercial purposes (i.e., more operation on public roads and highways) provides a greater argument as to why these vehicles should in fact be included in the BIT program.
Furthermore, it is unclear what the safety impact of this exemption would be. If the specified vehicles are not inspected under the BIT program, the risk of non-compliance with vehicle safety standards and properly maintained driver records is increased. However, it is important to note that these vehicles will still be subject to various safety requirements, including motor-carrier permit and commercial driver’s license requirements, and if a vehicle or carrier is found to be in violation of such requirements, they would still be subject to the appropriate penalties.
Lastly, with a particular exemption for agricultural vehicles, this bill sets a precedent which may lead to future legislative proposals for vehicle exemptions from other industries.
Related Legislation:
AB 529 (Lowenthal, Chapter 500, Statutes of 2013) — revised the BIT program to include additional vehicles and establish a performance-based model for inspections.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
Assembly votes:
Floor: 78-0
Appr: 20-0
Trans: 15-0
POSITIONS: (Communicated to the committee before noon on Wednesday,
June 22, 2016.)
SUPPORT:
California Cattlemen’s Association (Sponsor)
Association of California Egg Farmers
California Association of Wine Grape Growers
California Farm Bureau Federation
California Grain & Feed Association
California Poultry Federation
Family Winemakers of California
Western Growers Association
OPPOSITION:
California Teamsters Public Affairs Council
Western States Trucking Association
-- END --
Date of Hearing: May 4, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
ABPCA Bill Id:AB 1960
Author:(Lackey) – As Amended Ver:March 18, 2016
Policy Committee: | Transportation | Vote: | 15 - 0 |
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill excludes an agricultural vehicle, as defined, from the Basic Inspection of Terminals (BIT) program conducted by the CHP.
FISCAL EFFECT:
Any costs to the CHP will be minor and absorbable.
COMMENTS:
- Background. The BIT program was implemented to ensure the safe operation of commercial vehicles by a motor carrier through the inspection of those vehicles at motor carrier terminals. AB 529 (Lowenthal), Chapter 500, Statutes of 2013, revised the BIT program to establish a performance-based model for motor carrier terminal inspections, moving away from inspections occurring once every 25 months to a model where regularly compliant motor carriers may be inspected only once every six years. Non-compliant carriers are targeted for additional inspections to ensure compliance. In switching to this performance-based system, more classifications of commercial motor vehicles were brought into the jurisdiction of BIT inspections, both increasing the number of vehicles inspected for safety by CHP and spreading program operating costs over a greater number of vehicles. Implementation of the revised BIT program began January 1, 2016, and annual fees start at $130 per terminal for the smallest fleet sizes.
- Purpose. This bill exempts certain agriculture-related vehicles from being inspected under the BIT program. According to the author, BIT inspections of vehicle and vehicle combinations, including commonly-used pickup trucks and trailers used by farmers and ranchers in their commercial enterprises and as their personal vehicles, are time-consuming and a minor violation could lead to further enforcement, which may restrict an individual from operating a vehicle critical to his or her farming or ranching functions. The author argues, “Although the BIT program may be appropriate for California’s for-hire semi-truck fleet, regulating small family farmers and ranchers using pickups to haul tractors, equipment or a handful of cows is simply unnecessary.”
While agricultural vehicles as defined by this bill would be exempt from BIT inspections, they would still be required to comply with numerous other commercial vehicle regulations, including motor carrier permit requirements, commercial driver’s license requirements, traveling through roadway inspection areas or scales, maintaining logbooks and tracking hours of service of operators, and paying weight fees.
Analysis Prepared by: Chuck Nicol / APPR. / (916) 319-2081
Date of Hearing: April 18, 2016
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
ABPCA Bill Id:AB 1960 (
Author:Lackey) – As Amended Ver:March 18, 2016
SUBJECT: Vehicles: Basic Inspection of Terminals program
SUMMARY: Excludes an agricultural vehicle, as defined, from the Basic Inspection of Terminals (BIT) program conducted by the California Highway Patrol (CHP). Specifically, this bill:
- Defines an “agricultural vehicle” as a vehicle or combination of vehicles with a gross combination weight rating or a gross vehicle weight rating (GVWR) of 26,000 pounds or less that is: operated by a farmer, employee of a farmer, or instructor credentialed in agriculture as part of an instructional program at the high school, community college, or university level; used exclusively in the conduct of agricultural operations; not used in the capacity of a for-hire carrier or for compensation; and where the towing vehicle has a GVWR of 16,000 pounds or less.
- Exempts an agricultural vehicle from the BIT program.
EXISTING LAW:
- Requires CHP to regulate the safe operation of specified vehicles, including, but not limited to, the following:
- Motortrucks of three or more axles with a GVWR over 10,000 pounds;
- Truck tractors; trailers and semitrailers, pole or pipe dollies, auxiliary dollies, and logging dollies used in combination with specified vehicles not including camp trailers, trailer coaches, and utility trailers;
- A combination of a motortruck and a specified vehicle or vehicles that exceeds 40 feet in length when coupled together;
- A vehicle, or a combination of vehicles, transporting hazardous materials;
- Any other motortruck that is regulated by the Department of Motor Vehicles, Public Utilities Commission, or United States Secretary of Transportation, but only for matters relating to hours of service and logbooks of drivers; and,
- A commercial motor vehicle with a GVWR over 26,000 pounds or a commercial motor vehicle of any GVWR towing a trailer with a GVWR over 10,000 pounds, except combinations including camp trailers, trailer coaches, or utility trailers.
- Prohibits a motor carrier from operating any of the above specified types of vehicles without identifying to CHP all terminals in the state where those vehicles may be inspected.
- Requires motor carriers to make vehicles and records available for inspection by CHP. If a motor carrier fails to provide vehicles and records, an unsatisfactory terminal rating is required to be issued by CHP.
- Provides that the inspection of vehicles at a terminal be based on a representative sample of a terminal fleet size according to a specified schedule.
- Requires CHP to place an inspection priority on motor carrier terminals that have never been previously inspected, as well as vehicles transporting hazardous materials. Provides that non-priority terminals are not required to be inspected less than six years since their last inspection.
FISCAL EFFECT: Unknown
COMMENTS: The BIT program was implemented to ensure the safe operation of commercial vehicles by a motor carrier through the inspection of those vehicles at motor carrier terminals. In 2013, AB 529 (Lowenthal), Chapter 500, Statutes of 2013, revised the BIT program to establish a performance-based model for inspections, moving away from motor carrier terminal inspections occurring once every 25 months to a model where ongoing compliant motor carriers may be inspected only once every six years. Non-compliant carriers would be targeted for additional inspections to ensure compliance. In switching to this performance-based system, more classifications of commercial motor vehicles were brought into the jurisdiction of BIT inspections, which both increased the number of vehicles inspected for safety by CHP and spread the cost for operating the program over a greater number of vehicles. Implementation of the revised BIT program began January 1, 2016, and fees required under the BIT program start at $130 per terminal annually for the smallest fleet sizes.
This bill would exempt certain agriculture-related vehicles from being inspected under the BIT program. According to the author, BIT inspections of vehicle and vehicle combinations, including commonly-used pickup trucks and trailers used by farmers and ranchers in their commercial enterprises and as their personal vehicles, are time-consuming and a minor violation could lead to further enforcement which may restrict an individual from operating a vehicle critical to his or her farming or ranching functions. The author states, “Although the BIT program may be appropriate for California’s for-hire semi-truck fleet, regulating small family farmers and ranchers using pickups to haul tractors, equipment or a handful of cows is simply unnecessary.” This bill would exempt vehicles and vehicle combinations operated by a farmer used solely or agricultural purposes that is not used for-hire, as long as the gross combined weight rating of the combination does not exceed 26,000 pounds and the towing vehicle has a GVWR of less than 16,000 pounds.
While the vehicle defined as agricultural vehicles by this bill would be exempt from BIT inspections, they would still be required to comply with numerous other commercial vehicle regulations, including motor carrier permit requirements, commercial driver’s license requirements, traveling through roadway inspection areas or scales, maintaining logbooks and tracking hours of service of operators, and paying weight fees.
Committee concerns: Although the exemption proposed by this bill relates only to agricultural vehicles, it is unclear what the safety impact of that exemption would be. If the specified vehicles are not inspected under the BIT program, the ability for non-compliance with safety and other standards is reduced. However, the vehicles will still be subject to those standards, including motor carrier permit and commercial driver’s license requirements, and if a vehicle or carrier is found to be in violation outside of an inspection, they would still be subject to the appropriate penalties. Just because a vehicle does not fall under BIT, it is not exempted from all other safety and reporting requirements.
The exemption proposed by this bill includes combinations of vehicles used for agricultural operations with a gross combined wright rating of less than 26,000 pounds, as long as the towing vehicle has a GVWR of less than 16,000 pounds. This could potentially lead to light pickup trucks towing trailers over 10,000 pounds, without being subject to at least periodic inspection. While use of these combinations may, as the author states, be limited to incidental and not for-hire use by small agricultural outfits, this bill would not prevent larger agricultural operators from using these combinations over long ranges on highways where other motorists would be exposed to these uninspected and potentially unsafe vehicles. This bill would do nothing to distinguish vehicle combinations on the road operated by farmers from those operated by any other occupation, making it unclear how CHP or other law enforcement agencies would be able to determine what vehicles are subject to inspection and what vehicles are not.
Related legislation: AB 996 (Bigelow), exempts onion hauling trucks from vehicle registration. This bill is awaiting a hearing in the Senate Transportation and Housing Committee.
Previous legislation: AB 529 (Lowenthal), Chapter 500, Statutes of 2013, revised the BIT program to include additional vehicles and establish a performance-based model for inspections.
REGISTERED SUPPORT / OPPOSITION:
Support
California Cattlemen’s Association (Sponsor)
Association of California Egg Farmers
California Association of Wine Grape Growers
California Farm Bureau Federation
California Grain & Feed Association
California Poultry Federation
Family Winemakers of California
Western Growers Association
Opposition
California Teamsters Public Affairs Council
Western States Trucking Association
Analysis Prepared by: Justin Behrens / TRANS. / (916) 319-2093
Discussed in Hearing
43SEC
Assembly Floor
2MIN
Senate Floor
6MIN
Senate Standing Committee on Transportation and Housing
8MIN
Assembly Standing Committee on Transportation
Bill Author
