BILL NUMBER: AB 1048	CHAPTERED  09/06/05

	CHAPTER  226
	FILED WITH SECRETARY OF STATE  SEPTEMBER 6, 2005
	APPROVED BY GOVERNOR  SEPTEMBER 6, 2005
	PASSED THE ASSEMBLY  AUGUST 22, 2005
	PASSED THE SENATE  AUGUST 18, 2005
	AMENDED IN SENATE  MAY 24, 2005
	AMENDED IN ASSEMBLY  APRIL 5, 2005

INTRODUCED BY   Assembly Member Pavley

                        FEBRUARY 22, 2005

   An act to amend Section 15242 of the Vehicle Code, relating to
motor carriers.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1048, Pavley  Motor carriers.
   Existing law imposes various requirements upon owner-operators
providing transportation services to a motor carrier under the
direction and control of that motor carrier, as specified. Existing
law makes a motor carrier that engages an owner-operator responsible
for the compliance of that owner-operator with certain laws and
regulations relating to commercial motor vehicle safety, if the
owner-operator meets certain requirements.
   This bill, instead, would make a motor carrier that engages a
person who owns, leases, or otherwise operates not more than one
commercial motor vehicle to provide transportation services under the
direction and control of the motor carrier, responsible for the
compliance of that person with the specified laws and regulations.
The bill would revise the definition of "direction and control" for
these purposes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 15242 of the Vehicle Code is amended to read:
   15242.  (a) A person who is self-employed as a commercial motor
vehicle driver shall comply with both the requirements of this
chapter pertaining to employers and those pertaining to employees.
   (b) Notwithstanding subdivision (a), a motor carrier that engages
a person who owns, leases, or otherwise operates not more than one
motor vehicle listed in Section 34500 to provide transportation
services under the direction and control of that motor carrier is
responsible for the compliance of that person with this chapter and
for purposes of the regulations adopted by the department pursuant to
Section 34501 during the period of that direction and control.
   (c) For the purposes of subdivision (b), "direction and control"
means either of the following:
   (1) The person is operating under the motor carrier's interstate
operating authority issued by the United States Department of
Transportation.
   (2) The person is operating under a subcontract with the motor
carrier that requires that the person to operate in intrastate
commerce and the person has performed transportation services for a
minimum of 60 calendar days within the past 90 calendar days for the
motor carrier and has been on duty for that carrier for no less than
36 hours within any week in which transportation services were
provided.
   (d) Subdivision (b) shall not be construed to change the
definition of "employer," "employee," or "independent contractor" for
any purpose.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.