AB 995: Farm vehicles: registration exemptions.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2016-08-25
Existing law exempts specified farm vehicles from registration with the Department of Motor Vehicles if the vehicles have, and display, an identification plate, including a cotton module mover and a vehicle equipped with a water tank that is owned by a farmer and used exclusively to service his or her own implements of husbandry. Existing law exempts a person driving or operating an implement of husbandry over a highway from obtaining a drivers license, except under specified circumstances.
This bill would, until January 1, 2020, establish a pilot program in specified counties to evaluate an exemption from vehicle registration for specified farm vehicles. The bill would require applicants to meet specified requirements before participating in the pilot program. The bill would require the Department of Motor Vehicles and the Department of the California Highway Patrol to submit a report to the Legislature on or before July 1, 2018, regarding the pilot program. The bill would require vehicles participating in the program to remain subject to specified fees and requirements. The bill would prohibit a person from operating a vehicle pursuant to the pilot program unless the person has in his or her possession a valid drivers license for the applicable vehicle type. A violation of these provisions would be punishable as an infraction.
This bill would incorporate additional changes to Section 34501.12 of the Vehicle Code proposed by AB 1960, that would become operative only if this bill and AB 1960 are both chaptered and become effective on or before January 1, 2017, and this bill is chaptered last.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law exempts specified farm vehicles from registration with the Department of Motor Vehicles if the vehicles have, and display, an identification plate, including a cotton module mover and a vehicle equipped with a water tank that is owned by a farmer and used exclusively to service his or her own implements of husbandry. Existing law exempts a person driving or operating an implement of husbandry over a highway from obtaining a drivers license, except under specified circumstances.
This bill would, until January 1, 2020, establish a pilot program in the county of Fresno specified counties to evaluate an exemption from vehicle registration for specified farm vehicles. The bill would require applicants to meet specified requirements before participating in the pilot program. The bill would require the Department of Motor Vehicles and the Department of the California Highway Patrol to submit a report to the Legislature on or before July 1, 2018, regarding the pilot program. The bill would require vehicles participating in the program to remain subject to specified fees and requirements. The bill would prohibit a person from operating a vehicle pursuant to the pilot program unless the person has in his or her possession a valid drivers license for the applicable vehicle type. A violation of these provisions would be punishable as an infraction.
This bill would incorporate additional changes to Section 34501.12 of the Vehicle Code proposed by AB 1960, that would become operative only if this bill and AB 1960 are both chaptered and become effective on or before January 1, 2017, and this bill is chaptered last.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law exempts specified farm vehicles from registration with the Department of Motor Vehicles if the vehicles have, and display, an identification plate, including a cotton module mover and a vehicle equipped with a water tank that is owned by a farmer and used exclusively to service his or her own implements of husbandry. Existing law exempts a person driving or operating an implement of husbandry over a highway from obtaining a drivers license, except under specified circumstances.
This bill would add onion hauling trucks to the list of farm vehicles exempt from registration, if the vehicles have and display an identification plate. The bill would define onion hauling trucks for these purposes. The bill would also require that anyone operating an onion hauling truck have in his or her possession a valid Class A license. A violation of these provisions would be punishable as an infraction.
This bill would, until January 1, 2020, establish a pilot program in the county of Fresno to evaluate an exemption from vehicle registration for specified farm vehicles. The bill would require applicants to meet specified requirements before participating in the pilot program. The bill would require the Department of Motor Vehicles and the Department of the California Highway Patrol to submit a report to the Legislature on or before July 1, 2018, regarding the pilot program. The bill would require vehicles participating in the program to remain subject to specified fees and requirements. The bill would prohibit a person from operating a vehicle pursuant to the pilot program unless the person has in his or her possession a valid drivers license for the applicable vehicle type. A violation of these provisions would be punishable as an infraction.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law exempts specified farm vehicles from registration with the Department of Motor Vehicles if the vehicles have, and display, an identification plate, including a cotton module mover and a vehicle equipped with a water tank that is owned by a farmer and used exclusively to service his or her own implements of husbandry.
This bill would add onion hauling trucks to the list of farm vehicles exempt from registration, if the vehicles have and display an identification plate. The bill would define onion hauling trucks for these purposes. The bill would also require that anyone operating an onion hauling truck have in his or her possession a valid Class A license. A violation of these provisions would be punishable as an infraction.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law exempts specified farm vehicles from registration with the Department of Motor Vehicles if the vehicles have, and display, an identification plate, including a cotton module mover and a vehicle equipped with a water tank that is owned by a farmer and used exclusively to service his or her own implements of husbandry.
This bill would add onion hauling trucks to the list of farm vehicles exempt from registration, if the vehicles have and display an identification plate. The bill would define onion hauling trucks for these purposes. The bill would also require that anyone operating an onion hauling truck have in his or her possession a valid Class A license. A violation of these provisions would be punishable as an infraction.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law exempts specified farm vehicles from registration with the Department of Motor Vehicles if the vehicles have, and display, an identification plate, including a cotton module mover and a vehicle equipped with a water tank that is owned by a farmer and used exclusively to service his or her own implements of husbandry.
This bill would make technical, nonsubstantive changes to these provisions.
This bill would add onion hauling trucks to the list of farm vehicles exempt from registration, if the vehicles have and display an identification plate. The bill would define onion hauling trucks for these purposes. The bill would also require that anyone operating an onion hauling truck have in his or her possession a valid Class A license. A violation of these provisions would be punishable as an infraction.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law exempts specified farm vehicles from registration with the Department of Motor Vehicles if the vehicles have, and display, an identification plate, including a cotton module mover and a vehicle equipped with a water tank that is owned by a farmer and used exclusively to service his or her own implements of husbandry.
This bill would make technical, nonsubstantive changes to these provisions.
(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.
SEC. 1.5.Section 34501.12 of the Vehicle Code is amended to read:34501.12.(a)Vehicles and the operation thereof, subject to this section, are those described in subdivision (a), (b), (e), (f), (g), (j), or (k) of Section 34500, except an agricultural vehicle as defined in Section 34500.6.
(b)It is unlawful for a motor carrier to operate any vehicle of a type described in subdivision (a) without identifying to the department all terminals, as defined in Section 34515, in this state where vehicles may be inspected by the department pursuant to paragraph (4) of subdivision (a) of Section 34501 and where vehicle inspection and maintenance records and driver records will be made available for inspection. Motor carriers shall make vehicles and records available for inspection upon request by an authorized representative of the department. If a motor carrier fails to provide vehicles and records, an unsatisfactory terminal rating shall be issued by the department.
(1)The number of vehicles that will be selected for inspection by the department at a terminal shall be based on terminal fleet size and applied separately to a terminal fleet of power units and trailers, according to the following schedule:
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.
SEC. 2.Section 34622 of the Vehicle Code is amended to read:34622.This chapter does not apply to any of the following:
(a)Vehicles described in Section 5004 or 5011, and those that are exempt from vehicle registration fees with the exception of vehicles operating in the pilot program established pursuant to Section 36103.
(b)A household goods carrier transporting used office, store, and institution furniture and fixtures under its household goods carrier permit pursuant to Section 5137 of the Public Utilities Code.
SEC. 3.Section 36103 is added to the Vehicle Code, to read:36103.(a)Notwithstanding any other law, the Department of the California Highway Patrol and the Department of Motor Vehicles shall establish a pilot program in the Counties of Fresno, Kings, and Madera to evaluate exemption from vehicle registration for a motor vehicle designed and used exclusively for carrying, or returning from carrying, agricultural or farming products, and used on a highway between one part of a farm to another part of that farm, or from one farm to another farm, for a distance of no more than 20 air miles. The following requirements shall be met before participation is allowed in the pilot program:
(1)Operation on the highway is only incidental to a farming operation and not for hire.
(2)The vehicle displays a special identification plate issued pursuant to Section 5014.
(3)The applicant obtains a carrier identification number issued by the Department of the California Highway Patrol, pursuant to Section 34507.5.
(4)The applicant obtains a motor carrier permit issued pursuant to Section 34620 or 34621.
(5)The applicant agrees to conduct periodic inspections, pursuant to Section 34505.5, of vehicles participating in the pilot program.
(6)The employer of the driver enrolls in the Department of Motor Vehicles pull-notice system for the purpose of providing the employer with a report showing the drivers current public record as recorded by the department and any subsequent conviction, failure to appear, accident, drivers license suspension, drivers license revocation, or any other action taken against the driving privilege if the vehicle requires a class A, class B, or class C license with a hazardous materials or any other applicable endorsement required by Section 15278. An owner or family member who drives the vehicle shall be enrolled as if he or she were an employee.
(b)On or before July 1, 2018, the Department of the California Highway Patrol and the Department of Motor Vehicles shall report to the Legislature on the status and effectiveness of the pilot program, including, but not limited to, a description of the number of vehicles enrolled, an evaluation of the loss of registration funding attributable to the program, and a description of collisions involving vehicles enrolled, enforcement issues, and safety issues. A report submitted pursuant to this subdivision shall be submitted pursuant to Section 9795 of the Government Code.
(c)This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
SEC. 4.Section 36305 of the Vehicle Code is amended to read:36305.(a)The driver of any implement of husbandry shall possess a valid class C drivers license when operating a combination of vehicles at a speed in excess of 25 miles per hour or towing any implement of husbandry as specified in subdivision (d), (e), or (j) of Section 36005.
(b)Notwithstanding Section 36300, a person shall not operate a vehicle pursuant to the pilot program established in Section 36103 unless the person has in his or her possession a valid drivers license for the applicable vehicle type.
SEC. 5.Section 1.5 of this bill incorporates amendments to Section 34501.12 of the Vehicle Code proposed by both this bill and Assembly Bill 1960. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 34501.12 of the Vehicle Code, and (3) this bill is enacted after Assembly Bill 1960, in which case Section 1 of this bill shall not become operative.
SEC. 6.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(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 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. 1.5.Section 34501.12 of the Vehicle Code is amended to read:34501.12.(a)Vehicles and the operation thereof, subject to this section, are those described in subdivision (a), (b), (e), (f), (g), (j), or (k) of Section 34500. 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. 2.Section 34622 of the Vehicle Code is amended to read:34622.This chapter does not apply to any of the following:
(a)Vehicles described in Section 5004 or 5011, and those that are exempt from vehicle registration fees with the exception of vehicles operating in the pilot program established pursuant to Section 36103.
(b)A household goods carrier transporting used office, store, and institution furniture and fixtures under its household goods carrier permit pursuant to Section 5137 of the Public Utilities Code.
SEC. 3.Section 36103 is added to the Vehicle Code, to read:36103.(a)Notwithstanding any other law, the Department of the California Highway Patrol and the Department of Motor Vehicles shall establish a pilot program in the County of Fresno Counties of Fresno, Kings, and Madera to evaluate exemption from vehicle registration for a motor vehicle designed and used exclusively for carrying, or returning from carrying, agricultural or farming products, and used on a highway between one part of a farm to another part of that farm, or from one farm to another farm, for a distance of no more than 20 air miles. The following requirements shall be met before participation is allowed in the pilot program:
(1)Operation on the highway is only incidental to a farming operation and not for hire or compensation. hire.
(2)The vehicle displays a special identification plate issued pursuant to Section 5014.
(3)The applicant obtains a carrier identification number issued by the Department of the California Highway Patrol, pursuant to Section 34507.5.
(4)The applicant obtains a motor carrier permit issued pursuant to Section 34620 or 34621.
(5)The applicant agrees to conduct periodic inspections, pursuant to Section 34505.5, of vehicles participating in the pilot program.
(6)The employer of the driver enrolls in the Department of Motor Vehicles pull-notice system for the purpose of providing the employer with a report showing the drivers current public record as recorded by the department and any subsequent conviction, failure to appear, accident, drivers license suspension, drivers license revocation, or any other action taken against the driving privilege if the vehicle requires a class A, class B, or class C license with a hazardous materials or any other applicable endorsement required by Section 15278. An owner or family member who drives the vehicle shall be enrolled as if he or she were an employee.
(b)On or before July 1, 2018, the Department of the California Highway Patrol and the Department of Motor Vehicles shall report to the Legislature on the status and effectiveness of the pilot program, including, but not limited to, a description of the number of vehicles enrolled, an evaluation of the loss of registration funding attributable to the program, and a description of collisions involving vehicles enrolled, enforcement issues, and safety issues. A report submitted pursuant to this subdivision shall be submitted pursuant to Section 9795 of the Government Code.
(c)This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
SEC. 4.Section 36305 of the Vehicle Code is amended to read:36305.(a)The driver of any implement of husbandry shall possess a valid class C drivers license when operating a combination of vehicles at a speed in excess of 25 miles per hour or towing any implement of husbandry as specified in subdivision (d), (e), or (j) of Section 36005.
(b)Notwithstanding Section 36300, a person shall not operate a vehicle pursuant to the pilot program established in Section 36103 unless the person has in his or her possession a valid drivers license for the applicable vehicle type.
SEC. 5.Section 1.5 of this bill incorporates amendments to Section 34501.12 of the Vehicle Code proposed by both this bill and Assembly Bill 1960. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 34501.12 of the Vehicle Code, and (3) this bill is enacted after Assembly Bill 1960, in which case Section 1 of this bill shall not become operative.
SEC. 5.SEC. 6.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(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, 16 with the exception of vehicles operating in the pilot program established pursuant to Section 36103, and vehicles owned or operated by an agency of the federal government are not subject to this section or Section 34505.6.
(d)It is unlawful for a motor carrier to operate, or cause to be operated, any vehicle which is subject to this section, Section 34520, or Division 14.85 (commencing with Section 34600), unless the motor carrier is knowledgeable of, and in compliance with, all applicable statutes and regulations.
(e)It is unlawful for a motor carrier to contract or subcontract with, or otherwise engage the services of, another motor carrier, subject to this section, unless the contracted motor carrier has complied with subdivision (d). A motor carrier shall not contract or subcontract with, or otherwise engage the services of, another motor carrier until the contracted motor carrier provides certification of compliance with subdivision (d). This certification shall be completed in writing by the contracted motor carrier in a manner prescribed by the department. The certification, or a copy of the certification, shall be maintained by each involved party for the duration of the contract or the period of service plus two years, and shall be presented for inspection immediately upon the request of an authorized employee of the department. The certifications required by this subdivision and subdivision (b) of 34620 may be combined.
(f)(1)An inspected terminal that receives an unsatisfactory compliance rating shall be reinspected by the department within 120 days after the issuance of the unsatisfactory compliance rating.
(2)When a motor 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. 2.Section 34622 of the Vehicle Code is amended to read:34622.This chapter does not apply to any of the following:
(a)Vehicles described in Section 5004 or 5011, and those that are exempt from vehicle registration fees. fees with the exception of vehicles operating in the pilot program established pursuant to Section 36103.
(b)A household goods carrier transporting used office, store, and institution furniture and fixtures under its household goods carrier permit pursuant to Section 5137 of the Public Utilities Code.
SEC. 3.Section 36103 is added to the Vehicle Code, to read:36103.(a)Notwithstanding any other law, the Department of the California Highway Patrol and the Department of Motor Vehicles shall establish a pilot program in the County of Fresno to evaluate exemption from vehicle registration for a motor vehicle designed and used exclusively for carrying, or returning from carrying, agricultural or farming products, and used on a highway between one part of a farm to another part of that farm, or from one farm to another farm, for a distance of no more than 20 air miles. The following requirements shall be met before participation is allowed in the pilot program:
(1)Operation on the highway is only incidental to a farming operation and not for hire or compensation.
(2)The vehicle displays a special identification plate issued pursuant to Section 5014.
(3)The applicant obtains a carrier identification number issued by the Department of the California Highway Patrol, pursuant to Section 34507.5.
(4)The applicant obtains a motor carrier permit issued pursuant to Section 34620 or 34621.
(5)The applicant agrees to conduct periodic inspections, pursuant to Section 34505.5, of vehicles participating in the pilot program.
(6)The employer of the driver enrolls in the Department of Motor Vehicles pull-notice system for the purpose of providing the employer with a report showing the drivers current public record as recorded by the department and any subsequent conviction, failure to appear, accident, drivers license suspension, drivers license revocation, or any other action taken against the driving privilege if the vehicle requires a class A, class B, or class C license with a hazardous materials or any other applicable endorsement required by Section 15278. An owner or family member who drives the vehicle shall be enrolled as if he or she were an employee.
(b)On or before July 1, 2018, the Department of the California Highway Patrol and the Department of Motor Vehicles shall report to the Legislature on the status and effectiveness of the pilot program, including, but not limited to, a description of the number of vehicles enrolled, an evaluation of the loss of registration funding attributable to the program, and a description of collisions involving vehicles enrolled, enforcement issues, and safety issues. A report submitted pursuant to this subdivision shall be submitted pursuant to Section 9795 of the Government Code.
(c)This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
SEC. 4.Section 36305 of the Vehicle Code is amended to read:36305.(a)The driver of any implement of husbandry shall possess a valid class C drivers license when operating a combination of vehicles at a speed in excess of 25 miles per hour or towing any implement of husbandry as specified in subdivision (d), (e), or (j) of Section 36005.
(b)Notwithstanding Section 36300, a person shall not operate a vehicle pursuant to the pilot program established in Section 36103 unless the person has in his or her possession a valid drivers license for the applicable vehicle type.
SEC. 5.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SECTION 1.Section 36013 is added to the Vehicle Code, to read:36013.An Onion Hauling Truck is a specialized motor truck equipped with a loading conveyor belt that is designed and used exclusively to transport field manufactured onions to an onion processing facility or onion packing shed and that travels on a highway for a distance not to exceed 20 miles from the point of origin of the trip.
SEC. 2.Section 36101 of the Vehicle Code is amended to read:36101.The following farm vehicles are exempt from registration, if they have and display an identification plate as specified in Section 5014. These vehicles also shall not be deemed to be implements of husbandry, and they shall be subject to all equipment and device requirements as if registered:
(a)A motor vehicle of a size so as to require a permit under Section 35780, owned and operated by a farmer, designed and used exclusively for carrying, or returning empty from carrying, feed and seed products of farming, and used on a highway between one part of a farm to another part of that farm or from one farm to another farm.
(b)A vehicle equipped with a water tank owned by a farmer and used exclusively to service his or her own implements of husbandry.
(c)A water tank truck that is owned by a farmer, not operated for compensation, and used extensively in the conduct of agricultural operations, when used exclusively (1) for sprinkling water on dirt roads providing access to agricultural fields or (2) transportation of water for irrigation of crops or trees.
(d)(1)A cotton module mover, as defined in Section 36012.
(2)In order to maintain the exemption from registration granted under this subdivision for a truck tractor, when combined with a semitrailer, the owner of that truck tractor shall not operate it during the exemption period in any manner other than as a cotton module mover, as defined in Section 36012, and shall do all of the following:
(A)Register the vehicle with the department before operating it as a commercial motor vehicle.
(B)Apply to the department on a yearly basis for any renewal of the exemption from registration.
(3)Exemption from registration under this subdivision does not exempt a truck tractor, when combined with a semitrailer, operating as a cotton module mover pursuant to Section 36012 and this subdivision from the applicable safety requirements of this code or any regulation adopted pursuant to any statute, including, but not limited to, equipment standards, driver licensing requirements, maximum driving and on-duty hours provisions, log book requirements, drug and alcohol testing, maintenance of vehicles, and any driver or vehicle standards specified in Division 14.8 (commencing with Section 34500).
(4)Truck tractors exempt from registration under this subdivision are subject to the fees imposed under Sections 9250, 9250.8, and 9250.13, and to any other vehicle fees that are imposed by statute on or after January 1, 1998, that are deposited in the Motor Vehicle Account.
(e)A trailer that is equipped with a plenum chamber for the drying of agricultural commodities.
(f)Except as provided in subdivision (j) of Section 36005, a trap wagon, as defined in Section 36016, that is equipped with a fuel tank or tanks. The fuel tank or tanks shall not exceed 3,000 gallons total capacity.
(g)A forklift truck, operated by a farmer not for compensation. For purposes of this section, a hay-squeeze shall be deemed a forklift.
(h)(1)A truck tractor or truck tractor and semitrailer combination specified in this subdivision that is owned by a farmer and operated on the highways only incidental to a farming operation and not for compensation. This subdivision applies only to truck tractors with a manufacturers gross vehicle weight rating over 10,000 pounds that are equipped with all-wheel drive and off-highway traction tires on all wheels, and only to semitrailers used in combination with that truck tractor and exclusively in the production or harvesting of melons. The vehicles specified in this subdivision shall not be operated in excess of 25 miles per hour on the highways.
(2)The Commissioner of the California Highway Patrol may, by regulation, prohibit the vehicles specified in this subdivision from operating on specific routes. These vehicles shall not be operated laden on the highway for more than two miles from the point of origin and shall not be operated for more than 30 miles unladen on the highway from the point of origin. These vehicles shall not be operated for more than 15 miles unladen on the highway from the point of origin, unless accompanied by an escort vehicle to the front, and an escort vehicle to the rear.
(i)(1)A motor vehicle specifically designed for, and used exclusively in, an agricultural operation for purposes of carrying, or returning empty from carrying, silage that is operated by a farmer, an employee of the farmer, or a contracted employee of the farmer between one part of a farm to another part of that farm or from one farm to another farm, on a highway for a distance not to exceed 20 miles from the point of origin of the trip. This subdivision does not include a vehicle that is used for the transportation of silage for retail sales.
(2)For the purposes of this subdivision, silage includes field corn, sorghum, grass, legumes, cereals, or cereal mixes, either green or mature, converted into feed for livestock.
(j)(1)An onion hauling truck, as defined in Section 36013.
(2)In order to maintain the exemption from registration granted under this subdivision for a motor truck, when combined with a semitrailer, the owner of that onion hauling truck shall not operate the vehicle during the exemption period in any manner other than as an onion hauling truck, and shall do all of the following:
(A)Register the vehicle with the department before operating it as a commercial motor vehicle.
(B)Apply to the department as required pursuant to Section 5014 for any renewal of the exemption from registration.
(3)Exemption from registration under this subdivision does not exempt a motor truck semitrailer that is equipped with a loading conveyer belt, operating as an onion hauling truck pursuant to Section 36013 and this subdivision from the safety requirements of this code or any regulation adopted pursuant to any statute, including, but not limited to, equipment standards, driver licensing requirements, maximum driving and on-duty hours provisions, log book requirements, drug and alcohol testing, maintenance of vehicles, and any driver or vehicle standards specified in Division 14.8 (commencing with Section 34500).
(4)A person shall not operate an onion hauling truck unless the person has in his or her possession a valid Class A drivers license. A violation of this paragraph shall be punishable as an infraction.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
An Onion Hauling Truck is a specialized motor truck that is equipped with a loading conveyor belt and that is designed and used exclusively to transport field manufactured onions to an onion processing facility or onion packing shed. shed and that travels on a highway for a distance not to exceed 20 miles from the point of origin of the trip.
SEC. 2.Section 36101 of the Vehicle Code is amended to read:36101.The following farm vehicles are exempt from registration, if they have and display an identification plate as specified in Section 5014. These vehicles also shall not be deemed to be implements of husbandry, and they shall be subject to all equipment and device requirements as if registered:
(a)A motor vehicle of a size so as to require a permit under Section 35780, owned and operated by a farmer, designed and used exclusively for carrying, or returning empty from carrying, feed and seed products of farming, and used on a highway between one part of a farm to another part of that farm or from one farm to another farm.
(b)A vehicle equipped with a water tank owned by a farmer and used exclusively to service his or her own implements of husbandry.
(c)A water tank truck that is owned by a farmer, not operated for compensation, and used extensively in the conduct of agricultural operations, when used exclusively (1) for sprinkling water on dirt roads providing access to agricultural fields or (2) transportation of water for irrigation of crops or trees.
(d)(1)A cotton module mover, as defined in Section 36012.
(2)In order to maintain the exemption from registration granted under this subdivision for a truck tractor, when combined with a semitrailer, the owner of that truck tractor shall not operate it during the exemption period in any manner other than as a cotton module mover, as defined in Section 36012, and shall do all of the following:
(A)Register the vehicle with the department before operating it as a commercial motor vehicle.
(B)Apply to the department on a yearly basis for any renewal of the exemption from registration.
(3)Exemption from registration under this subdivision does not exempt a truck tractor, when combined with a semitrailer, operating as a cotton module mover pursuant to Section 36012 and this subdivision from the applicable safety requirements of this code or any regulation adopted pursuant to any statute, including, but not limited to, equipment standards, driver licensing requirements, maximum driving and on-duty hours provisions, log book requirements, drug and alcohol testing, maintenance of vehicles, and any driver or vehicle standards specified in Division 14.8 (commencing with Section 34500).
(4)Truck tractors exempt from registration under this subdivision are subject to the fees imposed under Sections 9250, 9250.8, and 9250.13, and to any other vehicle fees that are imposed by statute on or after January 1, 1998, that are deposited in the Motor Vehicle Account.
(e)A trailer that is equipped with a plenum chamber for the drying of agricultural commodities.
(f)Except as provided in subdivision (j) of Section 36005, a trap wagon, as defined in Section 36016, that is equipped with a fuel tank or tanks. The fuel tank or tanks shall not exceed 3,000 gallons total capacity.
(g)A forklift truck, operated by a farmer not for compensation. For purposes of this section, a hay-squeeze shall be deemed a forklift.
(h)(1)A truck tractor or truck tractor and semitrailer combination specified in this subdivision that is owned by a farmer and operated on the highways only incidental to a farming operation and not for compensation. This subdivision applies only to truck tractors with a manufacturers gross vehicle weight rating over 10,000 pounds that are equipped with all-wheel drive and off-highway traction tires on all wheels, and only to semitrailers used in combination with that truck tractor and exclusively in the production or harvesting of melons. The vehicles specified in this subdivision shall not be operated in excess of 25 miles per hour on the highways.
(2)The Commissioner of the California Highway Patrol may, by regulation, prohibit the vehicles specified in this subdivision from operating on specific routes. These vehicles shall not be operated laden on the highway for more than two miles from the point of origin and shall not be operated for more than 30 miles unladen on the highway from the point of origin. These vehicles shall not be operated for more than 15 miles unladen on the highway from the point of origin, unless accompanied by an escort vehicle to the front, and an escort vehicle to the rear.
(i)(1)A motor vehicle specifically designed for, and used exclusively in, an agricultural operation for purposes of carrying, or returning empty from carrying, silage that is operated by a farmer, an employee of the farmer, or a contracted employee of the farmer between one part of a farm to another part of that farm or from one farm to another farm, on a highway for a distance not to exceed 20 miles from the point of origin of the trip. This subdivision does not include a vehicle that is used for the transportation of silage for retail sales.
(2)For the purposes of this subdivision, silage includes field corn, sorghum, grass, legumes, cereals, or cereal mixes, either green or mature, converted into feed for livestock.
(j)(1)An onion hauling truck, as defined in Section 36013.
(2)In order to maintain the exemption from registration granted under this subdivision for a motor truck, when combined with a semitrailer, the owner of that onion hauling truck shall not operate the vehicle during the exemption period in any manner other than as an onion hauling truck, and shall do all of the following:
(A)Register the vehicle with the department before operating it as a commercial motor vehicle.
(B)Apply to the department as required pursuant to Section 5014 for any renewal of the exemption from registration.
(3)Exemption from registration under this subdivision does not exempt a motor truck semitrailer that is equipped with a loading conveyer belt, operating as an onion hauling truck pursuant to Section 36013 and this subdivision from the safety requirements of this code or any regulation adopted pursuant to any statute, including, but not limited to, equipment standards, driver licensing requirements, maximum driving and on-duty hours provisions, log book requirements, drug and alcohol testing, maintenance of vehicles, and any driver or vehicle standards specified in Division 14.8 (commencing with Section 34500).
(4)A person shall not operate an onion hauling truck unless the person has in his or her possession a valid Class A drivers license. A violation of this paragraph shall be punishable as an infraction.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
An Onion Hauling Truck is a motor truck semitrailer specialized motor truck that is equipped with a loading conveyor belt and is designed and used exclusively to transport field manufactured onions to an onion processing facility or onion packing shed.
SEC. 2.Section 36101 of the Vehicle Code is amended to read:36101.The following farm vehicles are exempt from registration, if they have and display an identification plate as specified in Section 5014. These vehicles also shall not be deemed to be implements of husbandry, and they shall be subject to all equipment and device requirements as if registered:
(a)A motor vehicle of a size so as to require a permit under Section 35780, owned and operated by a farmer, designed and used exclusively for carrying, or returning empty from carrying, feed and seed products of farming, and used on a highway between one part of a farm to another part of that farm or from one farm to another farm.
(b)A vehicle equipped with a water tank owned by a farmer and used exclusively to service his or her own implements of husbandry.
(c)A water tank truck that is owned by a farmer, not operated for compensation, and used extensively in the conduct of agricultural operations, when used exclusively (1) for sprinkling water on dirt roads providing access to agricultural fields or (2) transportation of water for irrigation of crops or trees.
(d)(1)A cotton module mover, as defined in Section 36012.
(2)In order to maintain the exemption from registration granted under this subdivision for a truck tractor, when combined with a semitrailer, the owner of that truck tractor shall not operate it during the exemption period in any manner other than as a cotton module mover, as defined in Section 36012, and shall do all of the following:
(A)Register the vehicle with the department before operating it as a commercial motor vehicle.
(B)Apply to the department on a yearly basis for any renewal of the exemption from registration.
(3)Exemption from registration under this subdivision does not exempt a truck tractor, when combined with a semitrailer, operating as a cotton module mover pursuant to Section 36012 and this subdivision from the applicable safety requirements of this code or any regulation adopted pursuant to any statute, including, but not limited to, equipment standards, driver licensing requirements, maximum driving and on-duty hours provisions, log book requirements, drug and alcohol testing, maintenance of vehicles, and any driver or vehicle standards specified in Division 14.8 (commencing with Section 34500).
(4)Truck tractors exempt from registration under this subdivision are subject to the fees imposed under Sections 9250, 9250.8, and 9250.13, and to any other vehicle fees that are imposed by statute on or after January 1, 1998, that are deposited in the Motor Vehicle Account.
(e)A trailer that is equipped with a plenum chamber for the drying of agricultural commodities.
(f)Except as provided in subdivision (j) of Section 36005, a trap wagon, as defined in Section 36016, that is equipped with a fuel tank or tanks. The fuel tank or tanks shall not exceed 3,000 gallons total capacity.
(g)A forklift truck, operated by a farmer not for compensation. For purposes of this section, a hay-squeeze shall be deemed a forklift.
(h)(1)A truck tractor or truck tractor and semitrailer combination specified in this subdivision that is owned by a farmer and operated on the highways only incidental to a farming operation and not for compensation. This subdivision applies only to truck tractors with a manufacturers gross vehicle weight rating over 10,000 pounds that are equipped with all-wheel drive and off-highway traction tires on all wheels, and only to semitrailers used in combination with that truck tractor and exclusively in the production or harvesting of melons. The vehicles specified in this subdivision shall not be operated in excess of 25 miles per hour on the highways.
(2)The Commissioner of the California Highway Patrol may, by regulation, prohibit the vehicles specified in this subdivision from operating on specific routes. These vehicles shall not be operated laden on the highway for more than two miles from the point of origin and shall not be operated for more than 30 miles unladen on the highway from the point of origin. These vehicles shall not be operated for more than 15 miles unladen on the highway from the point of origin, unless accompanied by an escort vehicle to the front, and an escort vehicle to the rear.
(i)(1)A motor vehicle specifically designed for, and used exclusively in, an agricultural operation for purposes of carrying, or returning empty from carrying, silage that is operated by a farmer, an employee of the farmer, or a contracted employee of the farmer between one part of a farm to another part of that farm or from one farm to another farm, on a highway for a distance not to exceed 20 miles from the point of origin of the trip. This subdivision does not include a vehicle that is used for the transportation of silage for retail sales.
(2)For the purposes of this subdivision, silage includes field corn, sorghum, grass, legumes, cereals, or cereal mixes, either green or mature, converted into feed for livestock.
(j)(1)An onion hauling truck, as defined in Section 36013.
(2)In order to maintain the exemption from registration granted under this subdivision for a motor truck, when combined with a semitrailer, the owner of that onion hauling truck shall not operate the vehicle during the exemption period in any manner other than as an onion hauling truck, and shall do all of the following:
(A)Register the vehicle with the department before operating it as a commercial motor vehicle.
(B)Apply to the department as required pursuant to Section 5014 for any renewal of the exemption from registration.
(3)Exemption from registration under this subdivision does not exempt a motor truck semitrailer that is equipped with a loading conveyer belt, operating as an onion hauling truck pursuant to Section 36013 and this subdivision from the applicable safety requirements of this code or any regulation adopted pursuant to any statute, including, but not limited to, equipment standards, driver licensing requirements, maximum driving and on-duty hours provisions, log book requirements, drug and alcohol testing, maintenance of vehicles, and any driver or vehicle standards specified in Division 14.8 (commencing with Section 34500).
(4)A person shall not operate an onion hauling truck unless the person has in his or her possession a valid Class A drivers license. A violation of this paragraph shall be punishable as an infraction.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
An Onion Hauling Truck is a motor truck semitrailer that is equipped with a loading conveyor belt and is designed and used exclusively to transport field manufactured onions to an onion processing facility or onion packing shed.
SECTION 1.SEC. 2.Section 36101 of the Vehicle Code is amended to read:36101.The following farm vehicles are exempt from registration, if they have and display an identification plate as specified in Section 5014. These vehicles also shall not be deemed to be implements of husbandry, and they shall be subject to all equipment and device requirements as if registered:
(a)A motor vehicle of a size so as to require a permit under Section 35780, owned and operated by a farmer, designed and used exclusively for carrying, or returning empty from carrying, feed and seed products of farming, and used on a highway between one part of a farm to another part of that farm or from one farm to another farm.
(b)A vehicle equipped with a water tank owned by a farmer and used exclusively to service his or her own implements of husbandry.
(c)A water tank truck that is owned by a farmer, not operated for compensation, and used extensively in the conduct of agricultural operations, when used exclusively (1) for sprinkling water on dirt roads providing access to agricultural fields or (2) transportation of water for irrigation of crops or trees.
(d)(1)A cotton module mover, as defined in Section 36012.
(2)In order to maintain the exemption from registration granted under this subdivision for a truck tractor, when combined with a semitrailer, the owner of that truck tractor shall not operate it during the exemption period in any manner other than as a cotton module mover, as defined in Section 36012, and shall do all of the following:
(A)Register the vehicle with the department before operating it as a commercial motor vehicle.
(B)Apply to the department on a yearly basis for any renewal of the exemption from registration.
(3)Exemption from registration under this subdivision does not exempt a truck tractor, when combined with a semitrailer, operating as a cotton module mover pursuant to Section 36012 and this subdivision from the applicable safety requirements of this code or any regulation adopted pursuant to any statute, including, but not limited to, equipment standards, driver licensing requirements, maximum driving and on-duty hours provisions, log book requirements, drug and alcohol testing, maintenance of vehicles, and any driver or vehicle standards specified in Division 14.8 (commencing with Section 34500).
(4)Truck tractors exempt from registration under this subdivision are subject to the fees imposed under Sections 9250, 9250.8, and 9250.13, and to any other vehicle fees that are imposed by statute on or after January 1, 1998, that are deposited in the Motor Vehicle Account.
(e)A trailer that is equipped with a plenum chamber for the drying of agricultural commodities.
(f)Except as provided in subdivision (j) of Section 36005, a trap wagon, as defined in Section 36016, that is equipped with a fuel tank or tanks. The fuel tank or tanks shall not exceed 3,000 gallons total capacity.
(g)A forklift truck, operated by a farmer not for compensation. For purposes of this section, a hay-squeeze shall be deemed a forklift.
(h)(1)A truck tractor or truck tractor and semitrailer combination specified in this subdivision that is owned by a farmer and operated on the highways only incidental to a farming operation and not for compensation. This subdivision applies only to truck tractors with a manufacturers gross vehicle weight rating over 10,000 pounds that are equipped with all-wheel drive and off-highway traction tires on all wheels, and only to semitrailers used in combination with that truck tractor and exclusively in the production or harvesting of melons. The vehicles specified in this subdivision shall not be operated in excess of 25 miles per hour on the highways.
(2)The Commissioner of the California Highway Patrol may, by regulation, prohibit the vehicles specified in this subdivision from operating on specific routes. These vehicles shall not be operated laden on the highway for more than two miles from the point of origin and shall not be operated for more than 30 miles unladen on the highway from the point of origin. These vehicles shall not be operated for more than 15 miles unladen on the highway from the point of origin, unless accompanied by an escort vehicle to the front, and an escort vehicle to the rear.
(i)(1)A motor vehicle specifically designed for, and used exclusively in, an agricultural operation for purposes of carrying, or returning empty from carrying, silage that is operated by a farmer, an employee of the farmer, or a contracted employee of the farmer between one part of a farm to another part of that farm or from one farm to another farm, on a highway for a distance not to exceed 20 miles from the point of origin of the trip. This subdivision does not include a vehicle that is used for the transportation of silage for retail sales.
(2)For the purposes of this subdivision, silage includes field corn, sorghum, grass, legumes, cereals, or cereal mixes, either green or mature, converted into feed for livestock.
(j)(1)An onion hauling truck, as defined in Section 36013.
(2)In order to maintain the exemption from registration granted under this subdivision for a motor truck, when combined with a semitrailer, the owner of that onion hauling truck shall not operate the vehicle during the exemption period in any manner other than as an onion hauling truck, and shall do all of the following:
(A)Register the vehicle with the department before operating it as a commercial motor vehicle.
(B)Apply to the department as required pursuant to Section 5014 for any renewal of the exemption from registration.
(3)Exemption from registration under this subdivision does not exempt a motor truck semitrailer that is equipped with a loading conveyer belt, operating as an onion hauling truck pursuant to Section 36013 and this subdivision from the applicable safety requirements of this code or any regulation adopted pursuant to any statute, including, but not limited to, equipment standards, driver licensing requirements, maximum driving and on-duty hours provisions, log book requirements, drug and alcohol testing, maintenance of vehicles, and any driver or vehicle standards specified in Division 14.8 (commencing with Section 34500).
(4)A person shall not operate an onion hauling truck unless the person has in his or her possession a valid Class A drivers license. A violation of this paragraph shall be punishable as an infraction.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
The following farm vehicles are exempt from registration, if they have and display an identification plate as specified in Section 5014, and the vehicles 5014. These vehicles also shall not be deemed to be implements of husbandry husbandry, and they shall be subject to all equipment and device requirements as if registered:
(a)A motor vehicle of a size so as to require a permit under Section 35780 35780, owned and operated by a farmer, designed and used exclusively for carrying, or returning empty from carrying, feed and seed products of farming, and used on a highway between one part of a farm to another part of that farm or from one farm to another farm.
(b)A vehicle equipped with a water tank owned by a farmer and used exclusively to service his or her own implements of husbandry.
(c)A water tank truck that is owned by a farmer, not operated for compensation, and used extensively in the conduct of agricultural operations, when used exclusively (1) for sprinkling water on dirt roads providing access to agricultural fields or (2) transportation of water for irrigation of crops or trees.
(d)(1)A cotton module mover, as defined in Section 36012.
(2)In order to maintain the exemption from registration granted under this subdivision for a truck tractor, when combined with a semitrailer, the owner of that truck tractor shall not operate it during the exemption period in any manner other than as a cotton module mover, as defined in Section 36012, and shall do all of the following:
(A)Register the vehicle with the department before operating it as a commercial motor vehicle.
(B)Apply to the department on a yearly basis for any renewal of the exemption from registration.
(3)Exemption from registration under this subdivision does not exempt a truck tractor, when combined with a semitrailer, operating as a cotton module mover pursuant to Section 36012 and this subdivision from the applicable safety requirements of this code or any regulation adopted pursuant to any statute, including, but not limited to, equipment standards, driver licensing requirements, maximum driving and on-duty hours provisions, log book requirements, drug and alcohol testing, maintenance of vehicles, and any driver or vehicle standards specified in Division 14.8 (commencing with Section 34500).
(4)Truck tractors exempt from registration under this subdivision are subject to the fees imposed under Sections 9250, 9250.8, and 9250.13, and to any other vehicle fees that are imposed by statute on or after January 1, 1998, that are deposited in the Motor Vehicle Account.
(e)A trailer that is equipped with a plenum chamber for the drying of agricultural commodities.
(f)Except as provided in subdivision (j) of Section 36005, a trap wagon, as defined in Section 36016, that is equipped with a fuel tank or tanks. The fuel tank or tanks shall not exceed 3,000 gallons total capacity.
(g)A forklift truck, operated by a farmer not for compensation. For purposes of this section, a hay-squeeze shall be deemed a forklift.
(h)(1)A truck tractor or truck tractor and semitrailer combination specified in this subdivision that is owned by a farmer and operated on the highways only incidental to a farming operation and not for compensation. This subdivision applies only to truck tractors with a manufacturers gross vehicle weight rating over 10,000 pounds that are equipped with all-wheel drive and off-highway traction tires on all wheels, and only to semitrailers used in combination with that truck tractor and exclusively in the production or harvesting of melons. The vehicles specified in this subdivision shall not be operated in excess of 25 miles per hour on the highways.
The
(2)The Commissioner of the California Highway Patrol may, by regulation, prohibit the vehicles specified in this subdivision from operating on specific routes. These vehicles shall not be operated laden on the highway for more than two miles from the point of origin and shall not be operated for more than 30 miles unladen on the highway from the point of origin. These vehicles shall not be operated for more than 15 miles unladen on the highway from the point of origin, unless accompanied by an escort vehicle to the front, and an escort vehicle to the rear.
(i)(1)A motor vehicle specifically designed for, and used exclusively in, an agricultural operation for purposes of carrying, or returning empty from carrying, silage that is operated by a farmer, an employee of the farmer, or a contracted employee of the farmer between one part of a farm to another part of that farm or from one farm to another farm, on a highway for a distance not to exceed 20 miles from the point of origin of the trip. This subdivision does not include a vehicle that is used for the transportation of silage for retail sales.
For
(2)For the purposes of this subdivision, silage includes field corn, sorghum, grass, legumes, cereals, or cereal mixes, either green or mature, converted into feed for livestock.
|
Date
|
Status
|
|---|---|
| Jun 4, 2015 | Referred to Com. on T. & H. |
| Aug 30, 2016 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 23, 2016 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 6153.). |
| Aug 23, 2016 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Aug 19, 2016 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 21 pursuant to Assembly Rule 77. |
| Aug 18, 2016 | Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0.). |
| Aug 18, 2016 | Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 5127.). |
| Aug 18, 2016 | Read third time. Passed. Ordered to the Assembly. |
| Aug 17, 2016 | Read second time. Ordered to third reading. |
| Aug 16, 2016 | Read third time and amended. Ordered to second reading. |
| Aug 2, 2016 | Read second time. Ordered to third reading. |
| Aug 1, 2016 | From committee: Be placed on second reading file pursuant to Senate Rule 28.8. |
| Jun 30, 2016 | Read second time and amended. Re-referred to Com. on APPR. |
| Jun 29, 2016 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (June 28). |
| Jul 14, 2015 | In committee: Set, first hearing. Testimony taken. Further hearing to be set. |
| Jul 2, 2015 | In committee: Hearing postponed by committee. |
| Feb 26, 2015 | Read first time. To print. |
| May 22, 2015 | Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 1563.) |
| May 22, 2015 | Read third time. Passed. Ordered to the Senate. |
| May 22, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 14, 2015 | Read second time. Ordered to Consent Calendar. |
| May 13, 2015 | From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (May 13). |
| Apr 30, 2015 | Re-referred to Com. on APPR. |
| Apr 29, 2015 | Read second time and amended. |
| Apr 28, 2015 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 15. Noes 0.) (April 27). |
| Apr 27, 2015 | Re-referred to Com. on TRANS. |
| Apr 23, 2015 | From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended. |
| Apr 6, 2015 | Re-referred to Com. on TRANS. |
| Mar 26, 2015 | Referred to Com. on TRANS. |
| Mar 26, 2015 | From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended. |
| Feb 27, 2015 | From printer. May be heard in committee March 29. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 23, 2016 | AB 995 BIGELOW Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 18, 2016 | Assembly 3rd Reading AB995 Bigelow By Vidak | Senate Floor |
Passed |
|
| Jun 28, 2016 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Transportation and Housing |
Passed |
|
| May 22, 2015 | AB 995 BIGELOW Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| May 13, 2015 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 27, 2015 | Do pass as amended 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
|
|---|---|---|
| California Farm Bureau | * Support | Jun 28, 2016 |
| California Farm Bureau | * Indeterminate | Jun 28, 2016 |
| California Highway Patrol | ** Against | Jun 28, 2016 |
| California Trucking Association | * Neutral | Jun 28, 2016 |
| Dalena Farms | ** Support | Jul 14, 2015 |
| Department of Motor Vehicles | ** Against | Jun 28, 2016 |
| Nisei Farmers League | ** Support | Jun 28, 2016 |
| Tulare County Farm Bureau | ** Support | Jun 28, 2016 |
GOVERNOR'S VETO
GV Bill Id:AB 995
Author:(Bigelow)
As Enrolled Ver:August 30, 2016
2/3 vote
ASSEMBLY: | 74-0 | (May 22, 2015) | SENATE: | 37-0 | (August 18, 2016) |
ASSEMBLY: | 78-0 | (August 23, 2016) |
Original Committee Reference: TRANS.
SUMMARY: Directs the California Highway Patrol (CHP) and the Department of Motor Vehicles (DMV) to establish a pilot program exempting certain farm vehicles from vehicle registration requirements, as specified.
The Senate amendments:
- Recast the provisions of the Assembly version of this bill to instead, direct the CHP and DMV to establish a pilot program in Fresno, Kings, and Madera Counties until January 1, 2020, to evaluate the exemption from vehicle registration for a motor vehicle designed and used exclusively for carrying, or returning from carrying, agricultural or farming products, and used on a highway between one part of a farm to another part of that farm, or from one farm to another farm, for a distance of no more than 20 air miles, provided that the vehicle is operated on the highway only incidental to the farming operation, the vehicle displays a special identification plate, the applicant obtains a carrier identification number from CHP and a motor carrier permit. The applicant agrees to conduct periodic inspections of the participating vehicles, and the employer of the driver enrolls in the DMV pull-notice system, pursuant to existing law.
- Require CHP and DMV to report to the Legislature on the status and effectiveness of the pilot program by July 1, 2018.
- Add provisions from AB 1960 (Lackey), Chapter 748, Statutes of 2016 to avoid chaptering out conflicts.
EXISTING LAW:
- Generally requires a motor vehicle operated on any street, road, or highway open to the public to be registered with DMV.
- Defines "implements of husbandry" as vehicles used exclusively in the conduct of agricultural operations and exempts them from registration requirements if they are only incidentally operated on a highway.
- Exempts certain farm vehicles from registration requirements and commercial motor vehicle safety requirements, under specified conditions.
- Requires a motor carrier, as defined, to obtain a carrier identification number from CHP and a motor carrier permit from DMV before operating a commercial motor vehicle.
AS PASSED BY THE ASSEMBLY, this bill:
- Defined "onion hauling truck" as specified.
- Exempted onion hauling trucks from registration with the DMV.
- Required that the owner of an onion hauling truck not operate the vehicle during the exemption period in any manner other than as an onion hauling truck in order to maintain the exemption from registration.
- Required the owner of an onion hauling truck to both register an onion hauling truck with the DMV before operating it as a commercial motor vehicle and apply to DMV for any renewal of the exemption from registration.
- Specified that an onion hauling truck is subject to all vehicle safety requirements, including equipment standards, driver licensing requirements, maximum driving and on-duty hours provisions, log book requirements, drug and alcohol testing, maintenance of vehicles, and any other driver or vehicle safety standards.
- Required the driver of an onion hauling truck to have a valid Class A driver's license.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS: Current law, with certain exceptions, requires that motor vehicles operated on highways be registered with DMV. Additionally, existing law requires that commercial vehicles comply with the Motor Carrier Safety Improvement Act of 1996, which generally requires that commercial motor vehicles pay fees that support highway maintenance and enforcement programs, undergo periodic safety inspections conducted by CHP, and participate in operator drug and alcohol testing programs.
Vehicles that are operated on farms and that are only incidentally driven on highways, no more than a mile, are exempt from registration requirements. While use of farm vehicles on highways is generally restricted to protect the safety of the traveling public, existing law also exempts from registration requirements and commercial vehicle safety requirements a number of farm vehicles that are operated on highways beyond the typical one-mile limit. The law provides varying allowances for these vehicles depending on their type. For example, melon trucks are exempt from registration and allowed to travel up to two miles on highways, while trucks carrying livestock feed (silage) are exempt and allowed to travel up to 20 miles on highways.
This bill would establish a pilot program exempting farm vehicles, subject to certain conditions, from registration requirements and allow them to travel up to 20 miles on highways. Previous versions of this bill exempted onion trucks specifically from registration requirements. This version of the bill includes all types of farm vehicles, but retains certain safety requirements.
According to Dalena Farms, one of the supporters of this bill, this bill "would be especially helpful to our operations as we deal with the current historic drought in California. Under current law, we can obtain special equipment plates. However, our operations and the current drought have caused us to lease and farm land further than one mile from our shed, making the special equipment plates less useful." The pilot established by this bill would allow vehicles, such as onion trucks to transport product from fields to packing sheds, while still being subject to certain commercial vehicle safety requirements.
I am returning Assembly Bill 995 without my signature.
This bill establishes, until January 1, 2020, a pilot program in the counties of Fresno, Kings, and Madera, exempting agricultural vehicles from vehicle registration and weight fees.
The author of the bill argues that farm vehicles have to travel greater distances with harvested goods than in the past and that, for trips up to 20 miles, these vehicles should be exempt from paying fees used to fund the state's transportation system.
Exemptions like those proposed in this bill are best considered as part of a comprehensive transportation funding solution to address the state’s $57 billion deferred maintenance backlog.
Analysis Prepared by: Justin Behrens / TRANS. / (916) 319-2093 FN: 0005128
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 995
Author:(Bigelow)
As Amended Ver:August 16, 2016
Majority vote
ASSEMBLY: | 74-0 | (May 22, 2015) | SENATE: | 37-0 | (August 18, 2016) |
Original Committee Reference: TRANS.
SUMMARY: Directs the California Highway Patrol (CHP) and the Department of Motor Vehicles (DMV) to establish a pilot program exempting certain farm vehicles from vehicle registration requirements, as specified.
The Senate amendments:
- Recast the provisions of the Assembly version of this bill to instead, direct the CHP and DMV to establish a pilot program in Fresno, Kings, and Madera Counties until January 1, 2020, to evaluate the exemption from vehicle registration for a motor vehicle designed and used exclusively for carrying, or returning from carrying, agricultural or farming products, and used on a highway between one part of a farm to another part of that farm, or from one farm to another farm, for a distance of no more than 20 air miles, provided that the vehicle is operated on the highway only incidental to the farming operation, the vehicle displays a special identification plate, the applicant obtains a carrier identification number from CHP and a motor carrier permit. The applicant agrees to conduct periodic inspections of the participating vehicles, and the employer of the driver enrolls in the DMV pull-notice system, pursuant to existing law.
- Require CHP and DMV to report to the Legislature on the status and effectiveness of the pilot program by July 1, 2018.
- Add provisions from AB 1960 (Lackey) to avoid chaptering out conflicts.
EXISTING LAW:
- Generally requires a motor vehicle operated on any street, road, or highway open to the public to be registered with DMV.
- Defines "implements of husbandry" as vehicles used exclusively in the conduct of agricultural operations and exempts them from registration requirements if they are only incidentally operated on a highway.
- Exempts certain farm vehicles from registration requirements and commercial motor vehicle safety requirements, under specified conditions.
- Requires a motor carrier, as defined, to obtain a carrier identification number from CHP and a motor carrier permit from DMV before operating a commercial motor vehicle.
AS PASSED BY THE ASSEMBLY, this bill:
- Defined "onion hauling truck" as specified.
- Exempted onion hauling trucks from registration with the DMV.
- Required that the owner of an onion hauling truck not operate the vehicle during the exemption period in any manner other than as an onion hauling truck in order to maintain the exemption from registration.
- Required the owner of an onion hauling truck to both register an onion hauling truck with the DMV before operating it as a commercial motor vehicle and apply to DMV for any renewal of the exemption from registration.
- Specified that an onion hauling truck is subject to all vehicle safety requirements, including equipment standards, driver licensing requirements, maximum driving and on-duty hours provisions, log book requirements, drug and alcohol testing, maintenance of vehicles, and any other driver or vehicle safety standards.
- Required the driver of an onion hauling truck to have a valid Class A driver's license.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS: Current law, with certain exceptions, requires that motor vehicles operated on highways be registered with DMV. Additionally, existing law requires that commercial vehicles comply with the Motor Carrier Safety Improvement Act of 1996, which generally requires that commercial motor vehicles pay fees that support highway maintenance and enforcement programs, undergo periodic safety inspections conducted by CHP, and participate in operator drug and alcohol testing programs.
Vehicles that are operated on farms and that are only incidentally driven on highways, no more than a mile, are exempt from registration requirements. While use of farm vehicles on highways is generally restricted to protect the safety of the traveling public, existing law also exempts from registration requirements and commercial vehicle safety requirements a number of farm vehicles that are operated on highways beyond the typical one-mile limit. The law provides varying allowances for these vehicles depending on their type. For example, melon trucks are exempt from registration and allowed to travel up to two miles on highways, while trucks carrying livestock feed (silage) are exempt and allowed to travel up to 20 miles on highways.
This bill would establish a pilot program exempting farm vehicles, subject to certain conditions, from registration requirements and allow them to travel up to 20 miles on highways. Previous versions of this bill exempted onion trucks specifically from registration requirements. This version of the bill includes all types of farm vehicles, but retains certain safety requirements.
According to Dalena Farms, one of the supporters of this bill, this bill "would be especially helpful to our operations as we deal with the current historic drought in California. Under current law, we can obtain special equipment plates. However, our operations and the current drought have caused us to lease and farm land further than one mile from our shed, making the special equipment plates less useful." The pilot established by this bill would allow vehicles, such as onion trucks to transport product from fields to packing sheds, while still being subject to certain commercial vehicle safety requirements.
Analysis Prepared by: Justin Behrens / TRANS. / (916) 319-2093 FN: 0004531
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 995
: 8/16/16
SENATE TRANS. & HOUSING COMMITTEE: 11-0, 6/28/16
AYES: Beall, Cannella, Allen, Bates, Gaines, Galgiani, Leyva, McGuire, Mendoza, Roth, Wieckowski
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 74-0, 5/22/15 (Consent) - See last page for vote
DIGEST: This bill creates a pilot program that exempts certain agricultural vehicles from registration.
Senate Floor Amendments of 8/16/16 expand the pilot program to include Kings and Madera Counties; incorporate double-jointing language to avoid a chaptering-out conflict with AB 1960 (Lackey); and make several minor, nonsubstantive stylistic and clarifying changes.
Existing law:
- Requires vehicles driven upon a highway to be registered with the Department of Motor Vehicles (DMV), and imposes registration fees related to the use and/or size of the vehicle.
- Defines implements of husbandry as vehicles that are used exclusively in the conduct of agricultural operations, and exempts from registration those that are only incidentally operated or moved over a highway.
- Specifies that any vehicle may be considered an implement of husbandry if it is operated on highways only for the purpose of transporting agricultural products and is not operated on a highway for a total distance greater than one mile from the point of origin of the trip.
- Provides that the certain types of farm vehicles, as specified, may obtain a special identification plate, and exempts these vehicles from registration.
- Specifies that farm vehicles are subject to all equipment and device requirements as if they are registered.
- Requires motor carriers of property to obtain a motor-carrier permit from the DMV. In order to obtain a permit, the carrier must:
- Show proof that it has met applicable requirements related to insurance and workers’ compensation.
- Obtain a carrier identification number from the California Highway Patrol (CHP).
- Comply with the requirements of the Basic Inspection of Terminals (BIT) program, if applicable.
- Pay the appropriate permit fees, as specified.
- Establishes a pull-notice system to notify employers of any current public records that are relevant to the driving privileges of an employee engaged as a vehicle driver.
This bill:
- Establishes a pilot program with a sunset date of January 1, 2020, limited to the counties of Fresno, Kings, and Madera, that exempts certain agricultural vehicles from registration under the following conditions:
- The vehicle must be designed and used exclusively for carrying, or returning from carrying, agricultural or farming products.
- The vehicle must be used on a highway only to travel between farms or between parts of a farm, for a distance of no more than 20 air miles.
- Operation on the highway must be incidental to a farming operation and not for hire.
- The vehicle must qualify for and display a special identification plate.
- The user of the vehicle must obtain a motor-carrier permit from the DMV and a carrier identification number from the CHP.
- The user of the vehicle must conduct regular inspections and maintenance on the vehicle, as specified in existing law, and submit to inspections under the BIT program.
- Employers participating in the program must enroll all drivers in the DMV pull-notice system, including owners or family members who drive a participating vehicle.
- Requires the CHP and the DMV to report to the Legislature on the status and effectiveness of the pilot program on or before July 1, 2018. The CHP and the DMV would be required to include in the report:
- A description of the number of vehicles enrolled.
- An evaluation of the loss of registration funding attributable to the program.
- A description of collisions involving vehicles enrolled, enforcement issues, and safety issues.
Comments
- Purpose. The author states that farmers need flexibility in the distance that their vehicles can travel while hauling agricultural products. Currently farm vehicles that transport agricultural products can only maintain their classification as an implement of husbandry, and the associated exemption from registration requirements, if they operate on California roads for less than one mile. According to Fresno, Kings, and Madera County farmers, however, field locations can vary from year to year, and they are often farther than one mile away from processing and packaging facilities. Consequently, vehicles that haul agricultural products on public roads for short distances are ineligible for the registration exemption in current law.
- Existing law and registration exemptions. Vehicles that are operated on farms and that are only incidentally driven on highways, for no more than a mile, are currently exempt from registration requirements. While use of farm vehicles on highways is generally restricted to protect the safety of the traveling public, existing law also exempts from registration requirements and commercial vehicle safety requirements a number of farm vehicles that are operated on highways beyond the typical one-mile limit. The law provides varying allowances for these vehicles, depending on their type. For example, melon trucks are exempt from registration and allowed to travel up to two miles on highways, while trucks carrying livestock feed (silage) are exempt and allowed to travel up to 20 miles on highways.
- What registration provides. This bill exempts certain agricultural vehicles from registration. Traditionally, vehicle registration provides an avenue for inspection, and registration holds are an effective means for bringing parties into compliance and are critical to other enforcement programs (e.g., the Air Resources Board Truck and Bus Regulation programs, which require diesel trucks and buses that operate in California to be upgraded or replaced in order to reduce emissions).
- Heavy loads. Overweight trucks can damage infrastructure. Regulations on the operation of commercial vehicles — often enforced at the time of registration — help to mitigate wear and tear that these vehicles can cause to roads by ensuring that weight limits are not exceeded and that heavy vehicles pay a proportionate share.
- Not exempt from everything. This bill differs from other recent attempts to relieve certain agricultural vehicles of registration requirements in one particularly important way. It explicitly requires participants in the pilot program to enroll in other programs that provide safeguards against dangerous vehicles and drivers and poor professional practices. These include the following:
- The Motor Carrier Program. A motor-carrier permit is a document issued by the DMV’s Registration Operations Division. The permit is evidence that the motor carrier has obtained a carrier identification number from the CHP and registered that number with the DMV. The permit additionally verifies that the motor carrier has met all of the statutory requirements to commercially operate motor vehicles on California’s highways, including obtaining appropriate insurance and workers’ compensation coverage, and paying permit fees.
- The BIT Program. In 1988, the Legislature enacted the California Commercial Motor Vehicle Safety Act, which established the BIT Program, in an effort to alleviate the growing number of truck-related collisions on California’s highways. Primarily, the intent is to ensure every truck terminal throughout the state is inspected by the CHP on a regular basis, thereby creating a level field for all motor carriers statewide.
- The pull-notice program. California’s pull-notice system provides employers with their drivers’ public driving record, which includes any accidents, citations, and license suspensions. An employer who receives a report on a driver whose license has been suspended or revoked must discontinue employment. The purpose of this program is to protect the public from the most unsafe drivers by preventing them from carrying passengers.
- Special identification plates. Certain types of special equipment are eligible for special plates. Each plate is required to have a unique number, allowing for identification of the vehicle, and must be renewed every five years.
- Current exemptions will not be affected. The proposed program would not impact farm vehicles that currently qualify for a special identification plate because they travel on highways for distances no greater than one mile.
- Overhaul in policy committee. This bill was significantly amended in the Senate Committee on Transportation and Housing as a result of discussions among a broad group of stakeholders. While the pilot program in this version of the bill and the policy proposal it replaces attempt to address the same need, they represent two substantively different approaches to resolving farmers’ concerns.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
None received
OPPOSITION: (Verified 8/16/16)
None received
ASSEMBLY FLOOR: 74-0, 5/22/15
AYES: Achadjian, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, 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-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Alejo, Jones, O'Donnell, Olsen, Waldron, Weber
8/17/16 15:41:52
**** END ****
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 995
:
SENATE TRANS. & HOUSING COMMITTEE: 11-0, 6/28/16
AYES: Beall, Cannella, Allen, Bates, Gaines, Galgiani, Leyva, McGuire, Mendoza, Roth, Wieckowski
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 74-0, 5/22/15 (Consent) - See last page for vote
DIGEST: This bill creates a pilot program that exempts certain agricultural vehicles from registration.
Existing law:
- Requires vehicles driven upon a highway to be registered with the Department of Motor Vehicles (DMV), and imposes registration fees related to the use and/or size of the vehicle.
- Defines implements of husbandry as vehicles that are used exclusively in the conduct of agricultural operations, and exempts from registration those that are only incidentally operated or moved over a highway.
- Specifies that any vehicle may be considered an implement of husbandry if it is operated on highways only for the purpose of transporting agricultural products and is not operated on a highway for a total distance greater than one mile from the point of origin of the trip.
- Provides that the certain types of farm vehicles, as specified, may obtain a special identification plate, and exempts these vehicles from registration.
- Specifies that farm vehicles are subject to all equipment and device requirements as if they are registered.
- Requires motor carriers of property to obtain a motor-carrier permit from the DMV. In order to obtain a permit, the carrier must:
- Show proof that it has met applicable requirements related to insurance and workers’ compensation.
- Obtain a carrier identification number from the California Highway Patrol (CHP).
- Comply with the requirements of the Basic Inspection of Terminals (BIT) program, if applicable.
- Pay the appropriate permit fees, as specified.
- Establishes a pull-notice system to notify employers of any current public records that are relevant to the driving privileges of an employee engaged as a vehicle driver.
This bill:
- Establishes a pilot program with a sunset date of January 1, 2020, limited to the County of Fresno, that exempts certain agricultural vehicles from registration under the following conditions:
- The vehicle must be designed and used exclusively for carrying, or returning from carrying, agricultural or farming products.
- The vehicle must be used on a highway only to travel between farms or between parts of a farm, for a distance of no more than 20 air miles.
- Operation on the highway must be incidental to a farming operation and not for hire or compensation.
- The vehicle must qualify for and display a special identification plate.
- The user of the vehicle must obtain a motor-carrier permit from the DMV and a carrier identification number from the CHP.
- The user of the vehicle must conduct regular inspections and maintenance on the vehicle, as specified in existing law, and submit to inspections under the BIT program.
- Employers participating in the program must enroll all drivers in the DMV pull-notice system, including owners or family members who drive a participating vehicle.
- Requires the CHP and the DMV to report to the Legislature on the status and effectiveness of the pilot program on or before July 1, 2018. The CHP and the DMV would be required to include in the report:
- A description of the number of vehicles enrolled.
- An evaluation of the loss of registration funding attributable to the program.
- A description of collisions involving vehicles enrolled, enforcement issues, and safety issues.
Comments
- Purpose. The author states that farmers need flexibility in the distance that their vehicles can travel while hauling agricultural products. Currently, farm vehicles that transport agricultural products can only maintain their classification as an implement of husbandry, and the associated exemption from registration requirements, if they operate on California roads for less than one mile. According to Fresno County farmers, however, field locations can vary from year to year, and they are often farther than one mile away from processing and packaging facilities. Consequently, vehicles that haul agricultural products on public roads for short distances are ineligible for the registration exemption in current law.
- Existing law and registration exemptions. Vehicles that are operated on farms and that are only incidentally driven on highways, for no more than a mile, are currently exempt from registration requirements. While use of farm vehicles on highways is generally restricted to protect the safety of the traveling public, existing law also exempts from registration requirements and commercial vehicle safety requirements a number of farm vehicles that are operated on highways beyond the typical one-mile limit. The law provides varying allowances for these vehicles, depending on their type. For example, melon trucks are exempt from registration and allowed to travel up to two miles on highways, while trucks carrying livestock feed (silage) are exempt and allowed to travel up to 20 miles on highways.
- What registration provides. This bill exempts certain agricultural vehicles from registration. Traditionally, vehicle registration provides an avenue for inspection, and registration holds are an effective means for bringing parties into compliance and are critical to other enforcement programs (e.g., the Air Resources Board Truck and Bus Regulation programs, which require diesel trucks and buses that operate in California to be upgraded or replaced in order to reduce emissions).
- Heavy loads. Overweight trucks can damage infrastructure. Regulations on the operation of commercial vehicles — often enforced at the time of registration — help to mitigate wear and tear that these vehicles can cause to roads by ensuring that weight limits are not exceeded and that heavy vehicles pay a proportionate share.
- Not exempt from everything. This bill differs from other recent attempts to relieve certain agricultural vehicles of registration requirements in one particularly important way. It explicitly requires participants in the pilot program to enroll in other programs that provide safeguards against dangerous vehicles and drivers and poor professional practices. These include the following:
- The Motor Carrier Program. A motor-carrier permit is a document issued by the DMV’s Registration Operations Division. The permit is evidence that the motor carrier has obtained a carrier identification number from the CHP and registered that number with the DMV. The permit additionally verifies that the motor carrier has met all of the statutory requirements to commercially operate motor vehicles on California’s highways, including obtaining appropriate insurance and workers’ compensation coverage, and paying permit fees.
- The BIT Program. In 1988, the Legislature enacted the California Commercial Motor Vehicle Safety Act, which established the BIT Program, in an effort to alleviate the growing number of truck-related collisions on California’s highways. Primarily, the intent is to ensure every truck terminal throughout the state is inspected by the CHP on a regular basis, thereby creating a level field for all motor carriers statewide.
- The pull-notice program. California’s pull-notice system provides employers with their drivers’ public driving record, which includes any accidents, citations, and license suspensions. An employer who receives a report on a driver whose license has been suspended or revoked must discontinue employment. The purpose of this program is to protect the public from the most unsafe drivers by preventing them from carrying passengers.
- Special identification plates. Certain types of special equipment are eligible for special plates. Each plate is required to have a unique number, allowing for identification of the vehicle, and must be renewed every five years.
- Current exemptions will not be affected. The proposed program would not impact farm vehicles that currently qualify for a special identification plate because they travel on highways for distances no greater than one mile.
- Overhaul in policy committee. This bill was significantly amended in the Senate Committee on Transportation and Housing as a result of discussions among a broad group of stakeholders. While the pilot program in this version of the bill and the policy proposal it replaces attempt to address the same need, they represent two substantively different approaches to resolving farmers’ concerns. No support or opposition has been received on this current version of the bill.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
None received
None received
ASSEMBLY FLOOR: 74-0, 5/22/15
AYES: Achadjian, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, 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-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Alejo, Jones, O'Donnell, Olsen, Waldron, Weber
8/3/16 18:45:36
**** END ****
AB 995 (Bigelow) Page 5 of 5
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2015 - 2016 Regular
Bill No: AB 995 Hearing Date: 7/14/2015
Author: |
Bigelow |
||
Version: |
4/29/2015 |
||
Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
Christine Hochmuth |
||
SUBJECT: Farm vehicles: registration exemptions
DIGEST: This bill exempts onion hauling trucks (OHTs) from registration.
ANALYSIS:
Existing law:
Requires vehicles driven upon a highway to be registered with the Department of Motor Vehicles (DMV).
Defines implements of husbandry as vehicles which are used exclusively in the conduct of agricultural operations, and exempts those which are only incidentally operated or moved over a highway from registration.
Exempts certain farm vehicles from registration, if they have, and display, a special equipment identification plate as specified.
Specifies that farm vehicles are subject to all equipment and device requirements as if they are registered.
This bill:
Defines an OHT as a specialized motor truck equipped with a loading conveyor belt that is designed and used exclusively to transport field manufactured onions to an onion-processing facility or onion-packing shed and that travels on a highway for a distance not to exceed 20 miles from the point of origin of the trip.
Adds OHTs to the list of farm vehicles exempt from registration.
Provides that in order to maintain the exemption from registration, the owner of the OHT must not operate the vehicle during the exemption period in any manner other than as an OHT.
Requires the owner to register the vehicle with DMV before operating it as a commercial motor vehicle.
Requires the owner to apply to DMV as required for any renewal of the exemption from registration.
Requires an operator of an OHT to possess a valid Class A driver’s license.
States that exemption from registration does not exempt an OHT from safety requirements of the vehicle code or any regulations related to equipment standards, driver licensing requirements, maximum driving and on-duty hours provisions, log book requirements, drug and alcohol testing, maintenance of vehicles, and any driver or vehicle standards.
COMMENTS:
Purpose. The author states that farmers need flexibility with the distance that OHTs can travel. Farm vehicles that transport agricultural products are only allowed to operate on California roads up to a one-mile distance while still maintaining their classification as an implement of husbandry and subsequent exemption from registration requirements. According to farmers, onion field locations can vary from year to year, and they are often farther than one mile away from the onion-processing facility or onion-packaging shed, thus making OHTs ineligible for exemption under the current law.
Figure 1. Onion hauling truck (picture provided by author)
Existing law and registration exemptions. Vehicles that are operated on farms and that are only incidentally driven on highways, no more than a mile, are exempt from registration requirements. While use of farm vehicles on highways is generally restricted to protect the safety of the traveling public, existing law also exempts from registration requirements and commercial vehicle safety requirements a number of farm vehicles that are operated on highways beyond the typical one-mile limit. The law provides varying allowances for these vehicles depending on their type. For example, melon trucks are exempt from registration and allowed to travel up to two miles on highways, while trucks carrying livestock feed (silage) are exempt and allowed to travel up to 20 miles on highways.
Motor Carrier Permit Program and the Biennial Inspection of Terminals (BIT) Program. A motor carrier permit is a document issued by the DMV’s Registration Operations Division. The permit is issued to the motor carrier as evidence of registration with the DMV of their Carrier Identification number. Additionally, the permit verifies the motor carrier has met all of the statutory requirements to commercially operate motor vehicles on California’s highways.
In 1988, the Legislature enacted the California Commercial Motor Vehicle Safety Act, also known as the BIT Program, in an effort to alleviate the growing number of truck-related collisions on California’s highways. Primarily, the intent is to ensure every truck terminal throughout the state is inspected by the California Highway Patrol (CHP) on a regular basis, thereby creating a level field for all motor carriers statewide.
Exempting OHTs from registration would create a class of vehicles traveling significant distances without an avenue for inspection. Additionally, registration holds are effective to engage and bring parties into compliance and are critical to other enforcement programs (e.g., the Air Resources Board Truck and Bus Regulation programs, which require diesel trucks and buses that operate in California to be upgraded or replaced in order to reduce emissions).
Heavy loads. Overweight trucks can damage infrastructure. Regulations on the operation of commercial vehicles, often enforced at the time of registration, help to mitigate wear and tear that these vehicles can cause to roads by ensuring that weight limits are not exceeded and that heavy vehicles pay a proportionate share.
A truck is a truck is a truck. According to the author, OHTs are specialized motor trucks that are equipped with a loading conveyor belt. They are designed and used exclusively to transport field manufactured onions to an onion-processing facility or an onion-packaging shed no farther than 20 miles away from the point of origin of the trip. The author also recognizes that many specific pieces of farm equipment are exempt from registration due to their distinctive character, specific period of use, and unique need for California’s roads. However, OHTs are trucks (see Figure 1), and the only thing that makes them OHTs is the presence of onions. In their opposition letter, CHP raises enforcement concerns because these vehicles could be used to transport other commodities.
The committee may wish to consider whether an OHT’s sole purpose is for hauling onions or whether it may easily be used for alternative projects unintended by this bill.
Why onions? According to the Department of Food and Agriculture, California's agricultural abundance includes more than 400 commodities. The state produces nearly half of the fruits, nuts, and vegetables grown in the U.S.
The committee may wish to ask the authors to justify why this commodity has been selected to enjoy the privilege of exemption.
Related Legislation:
AB 1908 (Bigelow, 2014) — exempted OHTs from registration and commercial motor vehicle safety requirements. AB 1908 was referred to the Assembly Transportation Committee, but was not heard at the request of the author.
AB 1749 (Pan, 2012) — exempted walnut-carrying vehicles from registration and commercial motor vehicle safety requirements. AB 1749 was referred to the Assembly Transportation Committee, but was not heard at the request of the author.
SB 1435 (Monteith, Chapter 114, Statutes of 1996) — defines silage and exempts trucks carrying silage from motor vehicle registration requirements, which include the transport of silage or empty return from carrying silage, when traveling within a farm or between farms for a distance of not more than 20 miles and when operated by a farmer, an employee of the farmer, or a contract employee of the farmer.
AB 3585 (Rogers, Chapter 1077, Statutes of 1984) — exempts truck tractors or truck tractor and semitrailer combinations owned by a farmer and operated on a highway incidental to a farming operation provided the truck has a gross vehicle weight rating of over 10,000 pounds and is equipped with all-wheel drive and off-highway traction tires on all wheels and used exclusively in the production or harvesting of melons. AB 3585 specified that these vehicles shall not be operated laden on the highway for more than two miles.
Assembly Votes:
Floor: 74-0
Appr: 17-0
Trans: 15-0
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
POSITIONS: (Communicated to the committee before noon on Wednesday,
July 8, 2015.)
SUPPORT:
California Farm Bureau
Dalena Farms, Inc.
Nisei Farmers League
Tulare County Farm Bureau
OPPOSITION:
California Highway Patrol
-- END --
AB 995
Page 1
Date of Hearing: May 13, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB 995
(Bigelow) – As Amended April 29, 2015
Policy Committee: |
Transportation |
Vote: |
15 - 0 |
|
|
|
|
|
|
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill adds onion hauling trucks, as defined, to the list of farm vehicles that are exempt from DMV registration requirements, under specified conditions, including that the truck is designed exclusively to transport onion a distance not to exceed 20 miles from the field to a processing or packing shed. The bill also requires the driver of an onion hauling truck to have a valid Class A driver’s license.
FISCAL EFFECT:
Potential, but very minor nonreimbursable costs for enforcement, partially offset by fine revenues.
COMMENTS:
Background and Purpose. Current law, with certain exceptions, requires that motor vehicles operated on highways be registered with DMV. Additionally, existing law requires that commercial vehicles comply with the Motor Carrier Safety Improvement Act of 1996, which generally requires payment of fees to support highway maintenance and enforcement programs, periodic safety inspections conducted by the CHP, and participation in operator drug and alcohol testing programs.
While use of farm vehicles on highways is generally restricted to protect the safety of the traveling public, existing law also exempts from registration requirements and commercial vehicle safety requirements a number of farm vehicles that are operated on highways beyond the typical one-mile limit. AB 995 exempts onion hauling trucks, as defined, from registration requirements and allows them to travel up to 20 miles on highways. If an onion farmer wanted to use the truck for some other purpose, then the truck would have to be registered with DMV in order to be operated on highways. AB 995 additionally requires that these trucks comply with all commercial vehicle safety requirements.
Prior Legislation. In 2014, AB 1908 (Bigelow), which would have exempted onion hauling trucks from registration and commercial motor vehicle safety requirements, was never heard in policy committee at the author's request.
Analysis Prepared by: Chuck Nicol / APPR. / (916) 319-2081
AB 995
Page 3
Date of Hearing: April 27, 2015
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
AB 995
(Bigelow) – As Amended April 29, 2015
SUBJECT: Farm vehicles: registration exemptions
SUMMARY: Adds onion hauling trucks to the list of farm vehicles that are exempt from Department of Motor Vehicles (DMV) registration requirements, under specified conditions. Specifically, this bill:
Defines "onion hauling truck" as a specialized motor truck that is equipped with a loading conveyor belt and is designed and used exclusively to transport field-manufactured onions to an onion processing facility or onion packing shed and that travels on a highway for a distance not to exceed 20 miles from the point of origin of the trip.
Exempts onion hauling trucks from registration with the DMV.
Requires that the owner of an onion hauling truck not operate the vehicle during the exemption period in any manner other than as an onion hauling truck in order to maintain the exemption from registration.
Requires the owner of an onion hauling truck do all of the following:
Register an onion hauling truck with the DMV before operating it as a commercial motor vehicle.
Apply to DMV for any renewal of the exemption from registration.
Specifies that an onion hauling truck is subject to all vehicle safety requirements, including equipment standards, driver licensing requirements, maximum driving and on-duty hours provisions, log book requirements, drug and alcohol testing, maintenance of vehicles, and any other driver or vehicle safety standards.
Requires the driver of an onion hauling truck to have a valid Class A driver’s license.
EXISTING LAW:
Generally requires a motor vehicle operated on any street, road, or highway open to the public to be registered with DMV.
Defines "implements of husbandry" as vehicles used exclusively in the conduct of agricultural operations and exempts them from registration requirements if they are only incidentally operated on a highway.
Exempts certain farm vehicles from registration requirements and commercial motor vehicle safety requirements, under specified conditions.
Specifies that farm vehicles are subject to all equipment and device requirements as if they are registered.
FISCAL EFFECT: Unknown
COMMENTS: Current law, with certain exceptions, requires that motor vehicles operated on highways be registered with DMV. Additionally, existing law requires that commercial vehicles comply with the Motor Carrier Safety Improvement Act of 1996, which generally requires that commercial motor vehicles pay fees that support highway maintenance and enforcement programs, undergo periodic safety inspections conducted by the California Highway Patrol, and participate in operator drug and alcohol testing programs.
Vehicles that are operated on farms and that are only incidentally driven on highways, no more than a mile, are exempt from registration requirements. While use of farm vehicles on highways is generally restricted to protect the safety of the traveling public, existing law also exempts from registration requirements and commercial vehicle safety requirements a number of farm vehicles that are operated on highways beyond the typical one-mile limit. The law provides varying allowances for these vehicles depending on their type. For example, melons trucks are exempt from registration and allowed to travel up to two miles on highways, while trucks carrying livestock feed (silage) are exempt and allowed to travel up to 20 miles on highways.
AB 995 exempts onion hauling trucks, as defined, from registration requirements and allows them to travel up to 20 miles on highways. These specialized trucks are not operated for compensation and are only used to haul onions during the harvest season to transport onions from fields to packing sheds. If an onion farmer wanted to use the truck for some other purpose, then the truck would have to be registered with DMV in order to be operated on highways. AB 995 additionally requires that these trucks comply with all commercial vehicle safety requirements.
According to Dalena Farms, one of the supporters of AB 995, this bill "would be especially helpful to our operations as we deal with the current historic drought in California. Under current law, we can obtain special equipment plates. However, our operations and the current drought have caused us to lease and farm land further than one mile from our shed, making the special equipment plates less useful."
While one could make a slippery slope argument for providing registration exemptions on a vehicle-by-vehicle basis, the law already provides a number of exemptions for specific farm vehicles, all with their own parameters. Onion farmers are facing drought-related challenges that are forcing them to farm fields that are further apart than in the past, subjecting them to registration expenses for their trucks that they have not had in the past. AB 995 is a reasonable solution to these changing industry conditions, especially since it does not also exempt these vehicles from commercial vehicle safety requirements, ensuring the public safety is maintained.
Previous legislation: AB 1908 (Bigelow) of 2014, would have exempted onion hauling trucks from registration and commercial motor vehicle safety requirements. AB 1903 was referred to this committee but was not heard at the request of the author.
AB 1749 (Pan) of 2012, would have exempted vehicles specifically designed for, and used exclusively in an agricultural operation to, carry walnuts to the list of farm vehicles from registration and commercial motor vehicle safety requirements. AB 1749 was referred to this committee but was not heard at the request of the author.
REGISTERED SUPPORT / OPPOSITION:
Support
California Farm Bureau Federation
Dalena Farms
Nisei Farmers League
Tulare County Farm Bureau
Opposition
None on file
Analysis Prepared by: Anya Lawler / TRANS. / (916) 319-2093
AB 995
Page 3
Date of Hearing: April 27, 2015
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
AB 995
(Bigelow) – As Amended April 23, 2015
SUBJECT: Farm vehicles: registration exemptions
SUMMARY: Adds onion hauling trucks to the list of farm vehicles that are exempt from Department of Motor Vehicles (DMV) registration requirements, under specified conditions. Specifically, this bill:
Defines "onion hauling truck" as a specialized motor truck that is equipped with a loading conveyor belt and is designed and used exclusively to transport field-manufactured onions to an onion processing facility or onion packing shed.
Exempts onion hauling trucks from registration with the DMV.
Requires that the owner of an onion hauling truck not operate the vehicle during the exemption period in any manner other than as an onion hauling truck in order to maintain the exemption from registration.
Requires the owner of an onion hauling truck do all of the following:
Register an onion hauling truck with the DMV before operating it as a commercial motor vehicle.
Apply to DMV for any renewal of the exemption from registration.
Specifies that an onion hauling truck is subject to all vehicle safety requirements, including equipment standards, driver licensing requirements, maximum driving and on-duty hours provisions, log book requirements, drug and alcohol testing, maintenance of vehicles, and any other driver or vehicle safety standards.
Requires the driver of an onion hauling truck to have a valid Class A driver’s license.
EXISTING LAW:
Generally requires a motor vehicle operated on any street, road, or highway open to the public to be registered with DMV.
Defines "implements of husbandry" as vehicles used exclusively in the conduct of agricultural operations and exempts them from registration requirements if they are only incidentally operated on a highway.
Exempts certain farm vehicles from registration requirements and commercial motor vehicle safety requirements, under specified conditions.
Specifies that farm vehicles are subject to all equipment and device requirements as if they are registered.
FISCAL EFFECT: Unknown
COMMENTS: Current law, with certain exceptions, requires that motor vehicles operated on highways be registered with DMV. Additionally, existing law requires that commercial vehicles comply with the Motor Carrier Safety Improvement Act of 1996, which generally requires that commercial motor vehicles pay fees that support highway maintenance and enforcement programs, undergo periodic safety inspections conducted by the California Highway Patrol, and participate in operator drug and alcohol testing programs.
Vehicles that are operated on farms and that are only incidentally driven on highways, no more than a mile, are exempt from registration requirements. While use of farm vehicles on highways is generally restricted to protect the safety of the traveling public, existing law also exempts from registration requirements and commercial vehicle safety requirements a number of farm vehicles that are operated on highways beyond the typical one-mile limit. The law provides varying allowances for these vehicles depending on their type. For example, melons trucks are exempt from registration and allowed to travel up to two miles on highways, while trucks carrying livestock feed (silage) are exempt and allowed to travel up to 20 miles on highways.
AB 995 exempts onion hauling trucks, as defined, from registration requirements. These specialized trucks are not operated for compensation and are only used to haul onions during the harvest season to transport onions from fields to packing sheds. If an onion farmer wanted to use the truck for some other purpose, then the truck would have to be registered with DMV in order to be operated on highways. AB 995 additionally requires that these trucks comply with all commercial vehicle safety requirements.
According to Dalena Farms, one of the supporters of AB 995, this bill "would be especially helpful to our operations as we deal with the current historic drought in California. Under current law, we can obtain special equipment plates. However, our operations and the current drought have caused us to lease and farm land further than one mile from our shed, making the special equipment plates less useful."
While one could make a slippery slope argument for providing registration exemptions on a vehicle-by-vehicle basis, the law already provides a number of exemptions for specific farm vehicles, all with their own parameters. Onion farmers are facing drought-related challenges that are forcing them to farm fields that are further apart than in the past, subjecting them to registration expenses for their trucks that they have not had in the past. AB 995 is a reasonable solution to these changing industry conditions, especially since it does not also exempt these vehicles from commercial vehicle safety requirements, ensuring the public safety is maintained.
Proposed amendment: The committee may wish to consider asking the author to amend this bill to specify that unregistered onion hauling trucks may only travel up to 20 miles on highways. This is identical the requirement in current law for trucks carrying silage.
Previous legislation: AB 1908 (Bigelow) of 2014, would have exempted onion hauling trucks from registration and commercial motor vehicle safety requirements. AB 1903 was referred to this committee but was not heard at the request of the author.
AB 1749 (Pan) of 2012, would have exempted vehicles specifically designed for, and used exclusively in an agricultural operation to, carry walnuts to the list of farm vehicles from registration and commercial motor vehicle safety requirements. AB 1749 was referred to this committee but was not heard at the request of the author.
REGISTERED SUPPORT / OPPOSITION:
Support
None on file
Opposition
None on file
Analysis Prepared by: Anya Lawler / TRANS. / (916) 319-2093
Discussed in Hearing
41SEC
Assembly Floor
2MIN
Senate Floor
9MIN
Senate Standing Committee on Transportation and Housing
10MIN
Senate Standing Committee on Transportation and Housing
6MIN
Assembly Standing Committee on Transportation
Bill Author
Bill Co-Author(s):