BILL NUMBER: AB 1728 CHAPTERED 10/13/07 CHAPTER 630 FILED WITH SECRETARY OF STATE OCTOBER 13, 2007 APPROVED BY GOVERNOR OCTOBER 13, 2007 PASSED THE SENATE SEPTEMBER 11, 2007 PASSED THE ASSEMBLY SEPTEMBER 12, 2007 AMENDED IN SENATE AUGUST 28, 2007 AMENDED IN SENATE JULY 17, 2007 AMENDED IN SENATE JULY 2, 2007 INTRODUCED BY Committee on Transportation (Nava (Chair), Duvall (Vice Chair), Carter, DeSaulnier, Galgiani, Garrick, Horton, Houston, Huff, Karnette, Portantino, Ruskin, Solorio, and Soto) MARCH 8, 2007 An act to amend Sections 1804, 5002.7, 12500, 12810.5, 12811, 13005, 15210, 22450, and 22452 of the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST AB 1728, Committee on Transportation. Vehicles. (1) Existing law requires every clerk of a court in which a person was convicted of a violation of the Vehicle Code, or specified sections of other codes, to prepare an abstract of the record of the court covering the case in which the person was convicted. Existing law requires the abstract to indicate whether the vehicle involved was of a type requiring the driver to have a driver's license endorsement authorizing the operation of a tank vehicle. This bill instead would require the abstract to indicate whether the vehicle involved was of a type requiring the driver to have a driver's license endorsement authorizing the operation of a vehicle carrying hazardous materials, rather than a tank vehicle. (2) Existing law authorizes certain county officials who are regularly issued a county-owned vehicle, in a county of over 20,000 square miles in area, to apply to the Department of Motor Vehicles for regular series license plates for that vehicle if a request for that issuance is also made by the county board of supervisors. This bill would, additionally, authorize the county assessor to apply to the department for regular series license plates. (3) Under existing law, a person who holds a class A or class B driver's license and an endorsement authorizing the operation of a tank vehicle is exempt from being presumed to be a prima facie negligent operator based on that person being found at a hearing to have a driving record violation point count of 6 or more points in 12 months, 8 or more points in 24 months, or 10 or more points in 36 months. The bill instead would exempt a person who holds a class A or class B driver's license and an endorsement authorizing the operation of a vehicle carrying hazardous materials, rather than a tank vehicle, from the application of the presumption. (4) Under existing law, "commercial motor vehicle" is defined, for the purpose of implementing the Commercial Motor Vehicle Safety Program, as a vehicle or combination of vehicles that requires a class A license, a class B license, or a class C license with an endorsement authorizing the operation of a tank vehicle. The bill would change this definition of "commercial motor vehicle" to mean a vehicle or combination of vehicles that requires a class A license, class B license, or a class C license with an endorsement authorizing the operation of a vehicle carrying hazardous materials, rather than a tank vehicle. (5) Existing law prohibits a person from driving a motorcycle, motor-driven vehicle, or motorized bicycle upon a highway, unless that person then holds a valid California driver's license or an endorsement issued for that class. The bill would create an exception to this prohibition by authorizing a person with a valid California driver's license of any class to operate a short-term rental motorized bicycle without taking a special examination for the operation of a motorized bicycle and without having a class M2 endorsement authorizing the operation of that class of vehicle. (6) Existing law provides the process by which a licensed driver who has granted consent to be an organ and tissue donor upon death may revoke the consent or limit the consent to specific organs or tissues. The bill would enable a donor, by participation in the same process, to limit the consent to specific types of research and would make technical changes to that provision. (7) Existing law prohibits a contract from being let to a nongovernmental entity for the processing of identification cards unless the department receives 2 or more qualified bids from independent, responsible bidders. This bill would recast this provision to prohibit the awarding of that contract unless the contract conforms to all applicable state contracting laws and all applicable procedures set forth in the State Contracting Manual. (8) Under existing law, a driver of a vehicle approaching a stop sign at a railroad grade crossing is required to stop at a limit line, if marked, otherwise before entering the crosswalk on the near side of the intersection. If there is no limit line or crosswalk, the driver is required to stop at the entrance to the intersecting railroad grade crossing. The bill instead would require the driver of any vehicle approaching a stop sign at a railroad grade crossing to stop at a limit line, if marked, otherwise before crossing the first track or entrance to the railroad grade crossing. (9) Existing law requires the driver of a specified vehicle to stop that vehicle before traversing a railroad grade crossing and requires that driver to confirm that he or she can safely proceed before doing so. The bill would correct an erroneous cross-reference within that law and would, thereby, provide specified exceptions to the requirement that the driver of a specified vehicle stop before traversing a railroad grade crossing. (10) This bill would incorporate additional changes in Sections 12811 and 13005 of the Vehicle Code, proposed by AB 1689, to be operative if AB 1689 and this bill are both chaptered and become effective on or before January 1, 2008, and this bill is chaptered last. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1804 of the Vehicle Code is amended to read: 1804. (a) The abstract shall be made upon a form furnished or approved by the department and shall contain all necessary information to identify the defendant, including, but not limited to, the person's driver's license number, name, and date of birth, the date and nature of the offense, the vessel number, if any, of the vessel involved in the offense, the license plate number of the vehicle involved in the offense, the date of hearing, and the judgment, except that in the case of infractions where the court has not directed the department to suspend or restrict the defendant's driver's license, only the conviction and not the judgment need be set forth in the abstract. The abstract shall also indicate whether the vehicle involved in the offense is a commercial motor vehicle, as defined in subdivision (b) of Section 15210, whether the vehicle was of a type requiring the driver to have a certificate issued pursuant to Section 2512, 12517, 12519, 12523, or 12523.5 or any endorsement issued pursuant to paragraph (2) or (5) of subdivision (a) of Section 15278, and whether the vehicle was transporting hazardous material at the time of the offense, or whether the vessel involved in the offense was a recreational vessel, as defined in subdivision (bb) of Section 651 of the Harbors and Navigation Code. (b) As to any abstract for which the original arrest and final conviction was for a violation of subdivision (b), (c), (d), (e), or (f) of Section 655 of the Harbors and Navigation Code or Section 23152 or 23153 of this code, the abstract shall contain a statement indicating the percentage of alcohol, by weight, in the person's blood whenever that percentage was determined by a chemical test. The information regarding the chemical test shall be compiled if it is available to the clerk of the court. All information required to be compiled pursuant to this subdivision shall be kept confidential in the records of the department pursuant to Section 1808.5. The department may use the information for research and statistical purposes and for determining the eligibility of any person to operate a motor vehicle on the highways of this state. The information shall not be released to any other public or private agency, except for research and statistical summary purposes and, for those purposes, the name and address of the person and any other identifying information shall not be disclosed. (c) The Legislature finds and declares that blood-alcohol percentages have valuable research potential in providing statistical summary information on impaired drivers but that a specific blood-alcohol percentage is only an item of evidence for purposes of criminal and licensing sanctions imposed by law. The Legislature recognizes that the accuracy of the determination of a specific blood-alcohol percentage is not the critical determination in a conviction for driving under the influence of an alcoholic beverage if the blood-alcohol percentage exceeds the statutory amount. SEC. 2. Section 5002.7 of the Vehicle Code is amended to read: 5002.7. (a) For a county of over 20,000 square miles in area, a member of the county board of supervisors, or a county assessor, auditor, controller, treasurer, or tax collector, who is regularly issued a county-owned vehicle may apply to the department for regular series license plates for that vehicle, if a request for that issuance is also made by the county board of supervisors. The application and the request shall be in the manner specified by the department. (b) Regular series license plates issued pursuant to subdivision (a) shall be surrendered to the department by the board member or administrative officer, as applicable, upon the reassignment of a vehicle, for which those plates have been issued, to a person other than the person who requested those plates. SEC. 3. Section 12500 of the Vehicle Code is amended to read: 12500. (a) A person may not drive a motor vehicle upon a highway, unless the person then holds a valid driver's license issued under this code, except those persons who are expressly exempted under this code. (b) A person may not drive a motorcycle, motor-driven cycle, or motorized bicycle upon a highway, unless the person then holds a valid driver's license or endorsement issued under this code for that class, except those persons who are expressly exempted under this code, or those persons specifically authorized to operate motorized bicycles or motorized scooters with a valid driver's license of any class, as specified in subdivision (h) of Section 12804.9. (c) A person may not drive a motor vehicle in or upon any offstreet parking facility, unless the person then holds a valid driver's license of the appropriate class or certification to operate the vehicle. As used in this subdivision, "offstreet parking facility" means any offstreet facility held open for use by the public for parking vehicles and includes any publicly owned facilities for offstreet parking, and privately owned facilities for offstreet parking where no fee is charged for the privilege to park and which are held open for the common public use of retail customers. (d) A person may not drive a motor vehicle or combination of vehicles that is not of a type for which the person is licensed. (e) A motorized scooter operated on public streets shall at all times be equipped with an engine that complies with the applicable State Air Resources Board emission requirements. SEC. 4. Section 12810.5 of the Vehicle Code is amended to read: 12810.5. (a) Except as otherwise provided in subdivision (b), a person whose driving record shows a violation point count of four or more points in 12 months, six or more points in 24 months, or eight or more points in 36 months shall be prima facie presumed to be a negligent operator of a motor vehicle. In applying this subdivision to a driver, if the person requests and appears at a hearing conducted by the department, the department shall give due consideration to the amount of use or mileage traveled in the operation of a motor vehicle. (b) (1) A class A or class B licensed driver, except persons holding certificates pursuant to Section 12517, 12519, 12523, 12523.5, or 12527, or an endorsement issued pursuant to paragraph (2) or (5) of subdivision (a) of Section 15278, who is presumed to be a negligent operator pursuant to subdivision (a), and who requests and appears at a hearing and is found to have a driving record violation point count of six or more points in 12 months, eight or more points in 24 months, or 10 or more points in 36 months is presumed to be a prima facie negligent operator. However, the higher point count does not apply if the department reasonably determines that four or more points in 12 months, six or more points in 24 months, or eight or more points in 36 months are attributable to the driver's operation of a vehicle requiring only a class C license, and not requiring a certificate or endorsement, or a class M license. (2) For purposes of this subdivision, each point assigned pursuant to Section 12810 shall be valued at one and one-half times the value otherwise required by that section for each violation reasonably determined by the department to be attributable to the driver's operation of a vehicle requiring a class A or class B license, or requiring a certificate or endorsement described in this section. (c) The department may require a negligent operator whose driving privilege is suspended or revoked pursuant to this section to submit proof of financial responsibility, as defined in Section 16430, on or before the date of reinstatement following the suspension or revocation. The proof of financial responsibility shall be maintained with the department for three years following that date of reinstatement. SEC. 5. Section 12811 of the Vehicle Code is amended to read: 12811. (a) (1) (A) When the department determines that the applicant is lawfully entitled to a license, it shall issue to the person a driver's license as applied for. The license shall state the class of license for which the licensee has qualified and shall contain the distinguishing number assigned to the applicant, the date of expiration, the true full name, age, and mailing address of the licensee, a brief description and engraved picture or photograph of the licensee for the purpose of identification, and space for the signature of the licensee. (B) Each license shall also contain a space for the endorsement of a record of each suspension or revocation thereof. (C) The department shall use whatever process or processes, in the issuance of engraved or colored licenses, that prohibit, as near as possible, the ability to alter or reproduce the license, or prohibit the ability to superimpose a picture or photograph on the license without ready detection. (2) In addition to the requirements of paragraph (1), a license issued to a person under 18 years of age shall display the words "provisional until age 18." (b) (1) The front of an application for an original or renewal of a driver's license or identification card shall contain a space for an applicant to give his or her consent to be an organ and tissue donor upon death. An applicant who gives consent shall be directed to read a statement on the back of the application that shall contain the following statement: "If you marked on the front of the application that you want to be an organ and tissue donor upon death, your consent shall serve as a legally binding document as outlined under the California Uniform Anatomical Gift Act. Except in the case where the donor is under the age of 18, the donation does not require the consent of any other person. For donors under the age of 18, the legal guardian of the donor shall make the final decision regarding the donation. If you want to change your decision to consent in the future, or if you want to limit the donation to specific organs, tissues, or research, you must contact Donate Life California by mail at 1760 Creekside Oaks Drive, #220, Sacramento, CA 95833, or online at www.donateLIFEcalifornia.org, or www.doneVIDAcalifornia.org." (2) Notwithstanding any other provision of law, a person under age 18 may register as a donor. However, the legal guardian of that person shall make the final decision regarding the donation. (3) The department shall collect donor designation information on all applications for an original or renewal driver's license or identification card. (4) The department shall print the word "DONOR" or another appropriate designation on the face of a driver's license or identification card to a person who registered as a donor on a form issued pursuant to this section. (5) On a weekly basis, the department shall electronically transmit to Donate Life California, a nonprofit organization established and designated as the California Organ and Tissue Donor Registrar pursuant to Section 7152.7 of the Health and Safety Code, all of the following information on every applicant that has indicated his or her willingness to participate in the organ donation program: (A) His or her true full name. (B) His or her residence or mailing address. (C) His or her date of birth. (D) His or her California driver's license number or identification card number. (6) (A) A person who applies for an original or renewal driver's license or identification card may designate a voluntary contribution of two dollars ($2) for the purpose of promoting and supporting organ and tissue donation. This contribution shall be collected by the department, and treated as a voluntary contribution to Donate Life California and not as a fee for the issuance of a driver's license or identification card. (B) The department may use the donations collected pursuant to this paragraph to cover its actual administrative costs incurred pursuant to paragraphs (3) to (5), inclusive. The department shall deposit all revenue derived pursuant to this paragraph and remaining after the department's deduction for administrative costs in the Donate Life California Trust Subaccount, that is hereby created in the Motor Vehicle Account in the State Transportation Fund. Notwithstanding Section 13340 of the Government Code, all revenue in this subaccount is continuously appropriated, without regard to fiscal years, to the Controller for allocation to Donate Life California and shall be expended for the purpose of increasing participation in organ donation programs. (7) The enrollment form shall be posted on the Internet Web sites for the department and the California Health and Human Services Agency. (8) The enrollment shall constitute a legal document pursuant to the Uniform Anatomical Gift Act (Chapter 3.5 (commencing with Section 7150) of Part 1 of Division 7 of the Health and Safety Code) and shall remain binding after the donor's death despite any express desires of next of kin opposed to the donation. Except as provided in paragraph (2) of subdivision (b), the donation does not require the consent of any other person. (9) Donate Life California shall ensure that all additions and deletions to the California Organ and Tissue Donor Registry, established pursuant to Section 7152.7 of the Health and Safety Code, shall occur within 30 days of receipt. (10) Information obtained by Donate Life California for the purposes of this subdivision shall be used for these purposes only and shall not be disseminated further by Donate Life California. (c) A public entity or employee shall not be liable for loss, detriment, or injury resulting directly or indirectly from false or inaccurate information contained in the form provided pursuant to subdivision (b). (d) A contract shall not be awarded to a nongovernmental entity for the processing of driver's licenses, unless the contract conforms to all applicable state contracting laws and all applicable procedures set forth in the State Contracting Manual. (e) This section shall become operative on July 1, 2006. SEC. 5.5. Section 12811 of the Vehicle Code is amended to read: 12811. (a) (1) (A) When the department determines that the applicant is lawfully entitled to a license, it shall issue to the person a driver's license as applied for. The license shall state the class of license for which the licensee has qualified and shall contain the distinguishing number assigned to the applicant, the date of expiration, the true full name, age, and mailing address of the licensee, a brief description and engraved picture or photograph of the licensee for the purpose of identification, and space for the signature of the licensee. (B) Each license shall also contain a space for the endorsement of a record of each suspension or revocation thereof. (C) The department shall use whatever process or processes, in the issuance of engraved or colored licenses, that prohibit, as near as possible, the ability to alter or reproduce the license, or prohibit the ability to superimpose a picture or photograph on the license without ready detection. (2) In addition to the requirements of paragraph (1), a license issued to a person under 18 years of age shall display the words "provisional until age 18." (b) (1) The front of an application for an original or renewal of a driver's license or identification card shall contain a space for an applicant to give his or her consent to be an organ and tissue donor upon death. An applicant who gives consent shall be directed to read a statement on the back of the application that shall contain the following statement: "If you marked on the front of the application that you want to be an organ and tissue donor upon death, your consent shall serve as a legally binding document as outlined under the California Uniform Anatomical Gift Act. Except in the case where the donor is under the age of 18, the donation does not require the consent of any other person. For donors under the age of 18, the legal guardian of the donor shall make the final decision regarding the donation. If you want to change your decision to consent in the future, or if you want to limit the donation to specific organs, tissues, or research, you must contact Donate Life California by mail at 1760 Creekside Oaks Drive, #220, Sacramento, CA 95833, or online at www.donateLIFEcalifornia.org, or www.doneVIDAcalifornia.org." (2) Notwithstanding any other provision of law, a person under age 18 may register as a donor. However, the legal guardian of that person shall make the final decision regarding the donation. (3) The department shall collect donor designation information on all applications for an original or renewal driver's license or identification card. (4) The department shall print the word "DONOR" or another appropriate designation on the face of a driver's license or identification card to a person who registered as a donor on a form issued pursuant to this section. (5) On a weekly basis, the department shall electronically transmit to Donate Life California, a nonprofit organization established and designated as the California Organ and Tissue Donor Registrar pursuant to Section 7150.90 of the Health and Safety Code, all of the following information on every applicant that has indicated his or her willingness to participate in the organ donation program: (A) His or her true full name. (B) His or her residence or mailing address. (C) His or her date of birth. (D) His or her California driver's license number or identification card number. (6) (A) A person who applies for an original or renewal driver's license or identification card may designate a voluntary contribution of two dollars ($2) for the purpose of promoting and supporting organ and tissue donation. This contribution shall be collected by the department, and treated as a voluntary contribution to Donate Life California and not as a fee for the issuance of a driver's license or identification card. (B) The department may use the donations collected pursuant to this paragraph to cover its actual administrative costs incurred pursuant to paragraphs (3) to (5), inclusive. The department shall deposit all revenue derived pursuant to this paragraph and remaining after the department's deduction for administrative costs in the Donate Life California Trust Subaccount, that is hereby created in the Motor Vehicle Account in the State Transportation Fund. Notwithstanding Section 13340 of the Government Code, all revenue in this subaccount is continuously appropriated, without regard to fiscal years, to the Controller for allocation to Donate Life California and shall be expended for the purpose of increasing participation in organ donation programs. (7) The enrollment form shall be posted on the Internet Web sites for the department and the California Health and Human Services Agency. (8) The enrollment shall constitute a legal document pursuant to the Uniform Anatomical Gift Act (Chapter 3.5 (commencing with Section 7150) of Part 1 of Division 7 of the Health and Safety Code) and shall remain binding after the donor's death despite any express desires of next of kin opposed to the donation. Except as provided in paragraph (2) of subdivision (b), the donation does not require the consent of any other person. (9) Donate Life California shall ensure that all additions and deletions to the California Organ and Tissue Donor Registry, established pursuant to Section 7150.90 of the Health and Safety Code, shall occur within 30 days of receipt. (10) Information obtained by Donate Life California for the purposes of this subdivision shall be used for these purposes only and shall not be disseminated further by Donate Life California. (c) A public entity or employee shall not be liable for loss, detriment, or injury resulting directly or indirectly from false or inaccurate information contained in the form provided pursuant to subdivision (b). (d) A contract shall not be awarded to a nongovernmental entity for the processing of driver's licenses, unless the contract conforms to all applicable state contracting laws and all applicable procedures set forth in the State Contracting Manual. (e) This section shall become operative on July 1, 2006. SEC. 6. Section 13005 of the Vehicle Code is amended to read: 13005. (a) The identification card shall resemble in appearance, so far as is practicable, a driver's license issued pursuant to this code. It shall adequately describe the applicant, bear his or her picture, and be produced in color or engraved by a process or processes that prohibit, as near as possible, the ability to alter or reproduce the identification card, or prohibit the ability to superimpose a picture or photograph on the identification card without ready detection. (b) (1) Upon issuance of a new identification card, or renewal of an identification card, the department shall provide information on organ and tissue donation, including a standardized form to be filled out by an individual who desires to enroll in the California Organ and Tissue Donor Registry with instructions for mailing the completed form to the California Organ and Tissue Donor Registrar established pursuant to subdivision (a) of Section 7152.7 of the Health and Safety Code. (2) The enrollment form shall be simple in design and shall be produced by the department, in cooperation with the California Organ and Tissue Donor Registrar, and shall require all of the following information to be supplied by the enrollee: (A) Date of birth, sex, full name, address, and home telephone number. (B) Consent for organs or tissues to be donated for transplant after death. (C) Any limitation of the donation to specific organs or tissues. (3) The form shall also include a description of the process for having a name removed from the registry, and the process for donating money for the benefit of the registry. (4) The registry enrollment form shall be posted on the Web sites for the department and the California Health and Human Services Agency. (5) The form shall constitute a legal document under the Uniform Anatomical Gift Act (Chapter 3.5 (commencing with Section 7150) of Part 1 of Division 7 of the Health and Safety Code). (6) The registrar shall ensure that all additions and deletions to the registry shall occur within 30 days of receipt. (7) Information obtained by the registrar for the purposes of this subdivision shall be used for these purposes only and shall not further be disseminated by the registrar. (c) A contract shall not be awarded to a nongovernmental entity for the processing of identification cards unless the contract conforms to all applicable state contracting laws and all applicable procedures set forth in the State Contracting Manual. SEC. 6.5. Section 13005 of the Vehicle Code is amended to read: 13005. (a) The identification card shall resemble in appearance, so far as is practicable, a driver's license issued pursuant to this code. It shall adequately describe the applicant, bear his or her picture, and be produced in color or engraved by a process or processes that prohibit, as near as possible, the ability to alter or reproduce the identification card, or prohibit the ability to superimpose a picture or photograph on the identification card without ready detection. (b) (1) Upon issuance of a new identification card, or renewal of an identification card, the department shall provide information on organ and tissue donation, including a standardized form to be filled out by an individual who desires to enroll in the California Organ and Tissue Donor Registry with instructions for mailing the completed form to the California Organ and Tissue Donor Registrar established pursuant to subdivision (a) of Section 7150.90 of the Health and Safety Code. (2) The enrollment form shall be simple in design and shall be produced by the department, in cooperation with the California Organ and Tissue Donor Registrar, and shall require all of the following information to be supplied by the enrollee: (A) Date of birth, sex, full name, address, and home telephone number. (B) Consent for organs or tissues to be donated for transplant after death. (C) Any limitation of the donation to specific organs or tissues. (3) The form shall also include a description of the process for having a name removed from the registry, and the process for donating money for the benefit of the registry. (4) The registry enrollment form shall be posted on the Web sites for the department and the California Health and Human Services Agency. (5) The form shall constitute a legal document under the Uniform Anatomical Gift Act (Chapter 3.5 (commencing with Section 7150) of Part 1 of Division 7 of the Health and Safety Code). (6) The registrar shall ensure that all additions and deletions to the registry shall occur within 30 days of receipt. (7) Information obtained by the registrar for the purposes of this subdivision shall be used for these purposes only and shall not further be disseminated by the registrar. (c) A contract shall not be awarded to a nongovernmental entity for the processing of identification cards unless the contract conforms to all applicable state contracting laws and all applicable procedures set forth in the State Contracting Manual. SEC. 7. Section 15210 of the Vehicle Code is amended to read: 15210. Notwithstanding any other provision of this code, as used in this chapter, the following terms have the following meanings: (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 that requires a class A or class B license, or a class C license with an endorsement issued pursuant to paragraph (5) 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 for military purposes by civilian and noncivilian personnel, that is owned or operated by the United States Department of Defense or United States Department of Homeland Security, 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) "Conviction" means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court costs, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated. (e) "Disqualification" means a prohibition against driving a commercial motor vehicle. (f) "Driving a commercial vehicle under the influence" means committing any one or more of the following unlawful acts in a commercial motor vehicle: (1) Driving a commercial motor vehicle while the operator's blood-alcohol concentration level is 0.04 percent or more, by weight in violation of subdivision (d) of Section 23152. (2) Driving under the influence of alcohol, as prescribed in subdivision (a) or (b) of Section 23152. (3) Refusal to undergo testing as required under this code in the enforcement of Subpart D of Part 383 or Subpart A of Part 392 of Title 49 of the Code of Federal Regulations. (g) "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. (h) "Fatality" means the death of a person as a result of a motor vehicle accident. (i) "Felony" means an offense under state or federal law that is punishable by death or imprisonment for a term exceeding one year. (j) "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. (k) "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. (l) "Imminent hazard" means the existence of a condition that presents a substantial likelihood that death, serious illness, severe personal injury, or substantial endangerment to health, property, or the environment may occur before the reasonable foreseeable completion date of a formal proceeding begun to lesson the risk of death, illness, injury, or endangerment. (m) "Noncommercial motor vehicle" means a motor vehicle or combination of motor vehicles that is not included within the definition in subdivision (b). (n) "Nonresident commercial driver's license" means a commercial driver's license issued to an individual by a state under one of the following provisions: (1) The individual is domiciled in a foreign country. (2) The individual is domiciled in another state. (o) "Schoolbus" is a commercial motor vehicle, as defined in Section 545. (p) "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) involving any single offense for any speed of 15 miles an hour or more above the posted speed limit. (2) Reckless driving, as defined pursuant to the federal Commercial Motor Vehicle Safety Act (P.L. 99-570), and driving in the manner described under Section 2800.1, 2800.2, or 2800.3, including, but not limited to, the offense of driving a commercial motor vehicle in willful or wanton disregard for the safety of persons or property. (3) A violation of a state or local law involving the safe operation of a motor vehicle, arising in connection with a fatal traffic accident. (4) A 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. (q) "State" means a state of the United States or the District of Columbia. (r) "Tank vehicle" means a 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. 8. Section 22450 of the Vehicle Code is amended to read: 22450. (a) The driver of any vehicle approaching a stop sign at the entrance to, or within, an intersection shall stop at a limit line, if marked, otherwise before entering the crosswalk on the near side of the intersection. If there is no limit line or crosswalk, the driver shall stop at the entrance to the intersecting roadway. (b) The driver of a vehicle approaching a stop sign at a railroad grade crossing shall stop at a limit line, if marked, otherwise before crossing the first track or entrance to the railroad grade crossing. (c) Notwithstanding any other provision of law, a local authority may adopt rules and regulations by ordinance or resolution providing for the placement of a stop sign at any location on a highway under its jurisdiction where the stop sign would enhance traffic safety. SEC. 9. Section 22452 of the Vehicle Code is amended to read: 22452. (a) Subdivisions (b) and (d) apply to the operation of the following vehicles: (1) A bus or farm labor vehicle carrying passengers. (2) A motortruck transporting employees in addition to those riding in the cab. (3) A schoolbus and a school pupil activity bus transporting school pupils, except as otherwise provided in paragraph (4) of subdivision (c). (4) A commercial motor vehicle transporting any quantity of a Division 2.3 chlorine, as classified by Title 49 of the Code of Federal Regulations. (5) A commercial motor vehicle that is required to be marked or placarded in accordance with the regulations of Title 49 of the Code of Federal Regulations with one of the following federal classifications: (A) Division 1.1. (B) Division 1.2, or Division 1.3. (C) Division 2.3 Poison gas. (D) Division 4.3. (E) Class 7. (F) Class 3 Flammable. (G) Division 5.1. (H) Division 2.2. (I) Division 2.3 Chlorine. (J) Division 6.1 Poison. (K) Division 2.2 Oxygen. (L) Division 2.1. (M) Class 3 Combustible liquid. (N) Division 4.1. (O) Division 5.1. (P) Division 5.2. (Q) Class 8. (R) Class Division 1.4. (S) A cargo tank motor vehicle, whether loaded or empty, used for the transportation of any hazardous material, as defined in Parts 107 to 180, inclusive, of Title 49 of the Code of Federal Regulations. (6) A cargo tank motor vehicle transporting a commodity that at the time of loading has a temperature above its flashpoint, as determined under Section 173.120 of Title 49 of the Code of Federal Regulations. (7) A cargo tank motor vehicle, whether loaded or empty, transporting any commodity under exemption in accordance with Subpart B of Part 107 of Title 49 of the Code of Federal Regulations. (b) Before traversing a railroad grade crossing, the driver of a vehicle described in subdivision (a) shall stop that vehicle not less than 15 nor more than 50 feet from the nearest rail of the track and while so stopped shall listen, and look in both directions along the track, for an approaching train and for signals indicating the approach of a train, and shall not proceed until he or she can do so safely. Upon proceeding, the gears shall not be shifted manually while crossing the tracks. (c) The driver of a commercial motor vehicle, other than those listed in subdivision (a), upon approaching a railroad grade crossing, shall be driven at a rate of speed that allows the commercial vehicle to stop before reaching the nearest rail of that crossing, and shall not be driven upon, or over, the crossing until due caution is taken to ascertain that the course is clear. (d) A stop need not be made at a crossing in the following circumstances: (1) Of railroad tracks running along and upon the roadway within a business or residence district. (2) Where a traffic officer or an official traffic control signal directs traffic to proceed. (3) Where an exempt sign was authorized by the Public Utilities Commission prior to January 1, 1978. (4) Where an official railroad crossing stop exempt sign in compliance with Section 21400 has been placed by the Department of Transportation or a local authority pursuant to Section 22452.5. This paragraph does not apply with respect to any schoolbus or to any school pupil activity bus. SEC. 10. Section 5.5 of this bill incorporates amendments to Section 12811 of the Vehicle Code proposed by both this bill and AB 1689. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2008, (2) each bill amends Section 12811 of the Vehicle Code, and (3) this bill is enacted after AB 1689, in which case Section 5 of this bill shall not become operative. SEC. 11. Section 6.5 of this bill incorporates amendments to Section 13005 of the Vehicle Code proposed by both this bill and AB 1689. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2008, (2) each bill amends Section 13005 of the Vehicle Code, and (3) this bill is enacted after AB 1689, in which case Section 6 of this bill shall not become operative.