BILL NUMBER: AB 1662 CHAPTERED 08/11/03 CHAPTER 222 FILED WITH SECRETARY OF STATE AUGUST 11, 2003 APPROVED BY GOVERNOR AUGUST 9, 2003 PASSED THE SENATE JULY 24, 2003 PASSED THE ASSEMBLY MAY 22, 2003 AMENDED IN ASSEMBLY MAY 6, 2003 AMENDED IN ASSEMBLY APRIL 21, 2003 INTRODUCED BY Assembly Members Plescia and Firebaugh FEBRUARY 21, 2003 An act to amend Sections 260 and 15210 of, and to add Section 35103 to, the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST AB 1662, Plescia. Vehicles: house cars. (1) Existing law expressly excludes house cars from the definition of a commercial vehicle for purposes of the Vehicle Code. This bill would instead exclude from the definition only house cars that are not used for the transportation of persons for hire, compensation, or profit. (2) Existing law establishes maximum width limits for purposes of the Vehicle Code. This bill would allow a vehicle used for recreational purposes to exceed the width limitations if the excess width is attributable to an appurtenance, as defined. (3) This bill would make technical and clarifying changes to related provisions. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 260 of the Vehicle Code is amended to read: 260. (a) A "commercial vehicle" is a motor vehicle of a type required to be registered under this code used or maintained for the transportation of persons for hire, compensation, or profit or designed, used, or maintained primarily for the transportation of property. (b) Passenger vehicles and house cars that are not used for the transportation of persons for hire, compensation, or profit are not commercial vehicles. This subdivision shall not apply to Chapter 4 (commencing with Section 6700) of Division 3. (c) Any vanpool vehicle is not a commercial vehicle. (d) The definition of a commercial vehicle in this section does not apply to Chapter 7 (commencing with Section 15200) of Division 6. SEC. 2. Section 15210 of the Vehicle Code is amended to read: 15210. Notwithstanding any other provision of this code, as used in this chapter: (a) "Commercial driver's license" means a driver's license issued by a state or other jurisdiction, in accordance with the standards contained in Part 383 of Title 49 of the Code of Federal Regulations, which authorizes the licenseholder to operate a class or type of commercial motor vehicle. (b) (1) "Commercial motor vehicle" means any vehicle or combination of vehicles which requires a class A or class B license, or a class C license with an endorsement issued pursuant to paragraph (4) of subdivision (a) of Section 15278. (2) "Commercial motor vehicle" does not include any of the following: (A) A recreational vehicle, as defined in Section 18010 of the Health and Safety Code. (B) Military equipment operated by noncivilian personnel, which is owned or operated by the United States Department of Defense, including the National Guard, as provided in Parts 383 and 391 of Title 49 of the Code of Federal Regulations. (C) An implement of husbandry operated by a person who is not required to obtain a driver's license under this code. (D) Vehicles operated by persons exempted pursuant to Section 25163 of the Health and Safety Code or a vehicle operated in an emergency situation at the direction of a peace officer pursuant to Section 2800. (c) "Controlled substance" has the same meaning as defined by the federal Controlled Substances Act (21 U.S.C. Sec. 802). (d) "Disqualification" means a prohibition against driving a commercial motor vehicle. (e) "Employer" means any person, including the United States, a state, or political subdivision of a state, who owns or leases a commercial motor vehicle or assigns drivers to operate that vehicle. A person who employs himself or herself as a commercial vehicle driver is considered to be both an employer and a driver for purposes of this chapter. (f) "Felony" means an offense under state or federal law that is punishable by death or imprisonment for a term exceeding one year. (g) "Gross combination weight rating" means the value specified by the manufacturer as the maximum loaded weight of a combination or articulated vehicle. In the absence of a value specified by the manufacturer, gross vehicle weight rating will be determined by adding the gross vehicle weight rating of the power unit and the total weight of the towed units and any load thereon. (h) "Gross vehicle weight rating" means the value specified by the manufacturer as the maximum loaded weight of a single vehicle, as defined in Section 390. (i) "Serious traffic violation" includes any of the following: (1) Excessive speeding, as defined pursuant to the federal Commercial Motor Vehicle Safety Act (P.L. 99-570). (2) Reckless driving, as defined pursuant to the federal Commercial Motor Vehicle Safety Act (P.L. 99-570). (3) A violation of any state or local law involving the safe operation of a motor vehicle, arising in connection with a fatal traffic accident. (4) Any other similar violation of a state or local law involving the safe operation of a motor vehicle, as defined pursuant to the Commercial Motor Vehicle Safety Act (Title XII of P.L. 99-570). (5) Driving a commercial motor vehicle without a commercial driver' s license. (6) Driving a commercial motor vehicle without the driver having in his or her possession a commercial driver's license, unless the driver provides proof at the subsequent court appearance that he or she held a valid commercial driver's license on the date of the violation. (7) Driving a commercial motor vehicle when the driver has not met the minimum testing standards for that vehicle as to the class or type of cargo the vehicle is carrying. In the absence of a federal definition, existing definitions under this code shall apply. (j) "State" means a state of the United States or the District of Columbia. (k) "Tank vehicle" means any commercial motor vehicle that is designed to transport any liquid or gaseous material within a tank that is permanently or temporarily attached to the vehicle or the chassis, including, but not limited to, cargo tanks and portable tanks, as defined in Part 171 of Title 49 of the Code of Federal Regulations. This definition does not include portable tanks having a rated capacity under 1,000 gallons. SEC. 3. Section 35103 is added to the Vehicle Code to read: 35103. (a) A vehicle used for recreational purposes may exceed the maximum width established under Section 35100 if the excess width is attributable to an appurtenance, excluding a safety device, that does not exceed six inches beyond either sidewall of the vehicle. (b) For the purposes of subdivision (a), an appurtenance is an integral part of a vehicle and includes, but is not limited to, awnings, grab handles, lighting equipment, cameras, and vents. An appurtenance may not be used as a load carrying device.