BILL NUMBER: AB 2144 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Gilmore
FEBRUARY 18, 2010
An act to amend Sections 1803.5, 1808.7, 13353.2, 15200, 15300,
15302, 15311, 15311.1, 15312, 22526, and 41501 of the Vehicle Code,
relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 2144, as introduced, Gilmore. Commercial motor vehicles: driver
compliance.
(1) Existing law authorizes a court to order a person issued a
notice to appear for a traffic violation to attend a traffic violator
school licensed under certain provisions of the Vehicle Code, in
lieu of adjudicating the traffic offense, and with the consent of the
defendant, or after conviction of a traffic offense. A court may
order a continuance against a person who receives a notice to appear
in court for a violation of a statute relating to the safe operation
of a vehicle, in consideration for attendance at a licensed school
for traffic violators, a licensed driving school, or any other
court-approved program of driving instruction. After that attendance,
the court may dismiss the complaint and the record of the Department
of Motor Vehicles relating to this proceeding and dismissal of the
complaint is confidential.
This bill would delete all references to "complaint" and instead
substitute a "traffic violator school conviction" for dismissal of
the complaint and would provide that the department's record of a
traffic violator school conviction is not confidential if either of 2
conditions applies.
(2) Existing law declares the intent of the Legislature to adopt
those standards required of drivers by the Federal Highway
Administration of the Department of Transportation, as set forth in
the Commercial Motor Vehicle Safety Act of 1986 and to reduce or
prevent commercial motor vehicle accidents, fatalities, and injuries
by permitting drivers to hold only one license, disqualifying drivers
for certain criminal offenses and serious traffic violations, and
strengthening licensing and testing standards.
Existing law prohibits a driver of a commercial motor vehicle from
operating a commercial motor vehicle for a period of one year if the
driver is convicted of a first violation of, or for the rest of his
or her life if convicted of more than one violation of, specified
offenses.
This bill would update references to federal law and make
technical, nonsubstantive changes to these provisions.
(3) Existing law prohibits a driver from operating a commercial
motor vehicle for a period of 90 days, 180 days, one year, or 3 years
if the person is convicted of a specified violation of an
out-of-service order issued by an authorized employee of the
Department of the California Highway Patrol or by a uniformed peace
officer. A violation of these provisions is a crime.
This bill would increase the disqualification period of 90 days to
180 days, the 180-day period to 2 years, and the one year period to
2 years. The bill would also expand this prohibition to include
out-of-service orders issued by the Secretary of the United States
Department of Transportation or a peace officer or commercial vehicle
inspector of any state, any province of Canada, the federal
government of the United States, or Mexico. By expanding the scope of
an existing crime, the bill would create a state-mandated local
program.
(4) Existing law provides that a driver who is convicted of
violating an out-of-service order is subject to a civil penalty of
not less than $1,100 nor more than $2,750. Existing law also provides
that an employer that knowingly allows or requires an employee to
operate a commercial motor vehicle in violation of an out-of-service
order is, upon conviction, subject to a civil penalty of not less
than $2,750 nor more than $11,000.
This bill would increase the penalty for the driver to not less
than $2,500 for a first conviction and to $5,000 for a second or
subsequent conviction. The bill would increase the upper limit of the
penalty for an employer to not more than $25,000.
(5) Existing law requires the Department of Motor Vehicles to
immediately suspend the privilege of a person to operate a motor
vehicle for any one of specified reasons, including, among other
things, that the person was driving a vehicle that requires a
commercial driver's license when the person had 0.04% or more, by
weight, of alcohol in his or her blood.
Under existing law, if a person is acquitted of criminal charges
relating to a determination of facts under the above provisions, or
if the person's driver's license was suspended pursuant to a failure
to complete or take a chemical test and the Department of Motor
Vehicles found no basis for a suspension, the department is required
to immediately reinstate the person's privilege to operate a motor
vehicle if the department has suspended it administratively pursuant
to the above provisions, and to return or reissue for the remaining
term any driver's license that has been taken from the person
pursuant to those provisions.
This bill would prohibit the reinstatement of the person's
privilege to operate a motor vehicle if the driver was operating a
commercial vehicle, as defined, at the time of the stop or the person
held a commercial driver's license at the time of the stop,
regardless of whether the vehicle operated at the time of the stop
was a commercial vehicle.
(6) Existing law prohibits a driver of a vehicle from entering a
railroad or rail transit crossing, notwithstanding any official
traffic control device or signal indication to proceed, unless there
is sufficient space on the other side of the railroad or rail transit
crossing to accommodate the vehicle driven or there is sufficient
undercarriage clearance to cross the intersection without obstructing
the through passage of a railway vehicle, including, but not limited
to, a train, trolley, or city transit vehicle.
This bill would make technical, substantive changes in the
organization of these provisions and make a conforming change to a
related provision.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1803.5 of the Vehicle Code is amended to read:
1803.5. (a) In accordance
with Section 41501 or 42005, the clerk of a court or hearing
officer, when a person who receives a notice to appear at
a court or board proceeding for a violation of any statute relating
to the safe operation of vehicles is granted a continuance of the
proceeding in consideration for attendance at a school for traffic
violators, a licensed driving school, or any other court-approved
program of driving instruction, and which results
in a dismissal of the complaint traffic
violator school conviction in consideration for that
attendance, the clerk of a court or hearing officer shall
prepare an abstract of the record of the court or board proceeding,
certify the abstract to be true and correct, and cause the abstract
to be forwarded to the department at its office at Sacramento within
10 days after the complaint is dismissed
traffic violator school conviction is issued .
(b) This section shall become operative on September 20, 2005.
SEC. 2. Section 1808.7 of the Vehicle Code is amended to read:
1808.7. (a) The record of the department
relating to the first proceeding and dismissal
traffic violator school conviction under Section 1803.5 in
any 18-month period for participation by a person in a licensed
school for traffic violators, a licensed driving school, or any other
court-approved program of driving instruction, is confidential,
shall not be disclosed to any person, except a court, and shall be
used only for statistical purposes by the department.
(b) The record under subdivision (a) is not confidential if either
of the following applies:
(1) The person holds a Class A, Class B, or commercial Class C
driver's license.
(2) The person is operating a commercial motor vehicle as defined
in subdivision (b) of Section 15210.
SEC. 3. Section 13353.2 of the Vehicle Code is amended to read:
13353.2. (a) The department shall immediately suspend the
privilege of a person to operate a motor vehicle for any one of the
following reasons:
(1) The person was driving a motor vehicle when the person had
0.08 percent or more, by weight, of alcohol in his or her blood.
(2) The person was under 21 years of age and had a blood-alcohol
concentration of 0.01 percent or greater, as measured by a
preliminary alcohol screening test, or other chemical test.
(3) The person was driving a vehicle that requires a commercial
driver's license when the person had 0.04 percent or more, by weight,
of alcohol in his or her blood.
(4) The person was driving a motor vehicle when both of the
following applied:
(A) The person was on probation for a violation of Section 23152
or 23153.
(B) The person had 0.01 percent or more, by weight, of alcohol in
his or her blood, as measured by a preliminary alcohol screening test
or other chemical test.
(b) The notice of the order of suspension under this section shall
be served on the person by a peace officer pursuant to Section 13382
or 13388. The notice of the order of suspension shall be on a form
provided by the department. If the notice of the order of suspension
has not been served upon the person by the peace officer pursuant to
Section 13382 or 13388, upon the receipt of the report of a peace
officer submitted pursuant to Section 13380, the department shall
mail written notice of the order of the suspension to the person at
the last known address shown on the department's records and, if the
address of the person provided by the peace officer's report differs
from the address of record, to that address.
(c) The notice of the order of suspension shall specify clearly
the reason and statutory grounds for the suspension, the effective
date of the suspension, the right of the person to request an
administrative hearing, the procedure for requesting an
administrative hearing, and the date by which a request for an
administrative hearing shall be made in order to receive a
determination prior to the effective date of the suspension.
(d) The department shall make a determination of the facts in
subdivision (a) on the basis of the report of a peace officer
submitted pursuant to Section 13380. The determination of the facts,
after administrative review pursuant to Section 13557, by the
department is final, unless an administrative hearing is held
pursuant to Section 13558 and any judicial review of the
administrative determination after the hearing pursuant to Section
13559 is final.
(e) (1) The determination of the facts in
subdivision (a) is a civil matter that is independent of the
determination of the person's guilt or innocence, shall have no
collateral estoppel effect on a subsequent criminal prosecution, and
shall not preclude the litigation of the same or similar facts in the
criminal proceeding. If a person is acquitted of criminal charges
relating to a determination of facts under subdivision (a), or if the
person's driver's license was suspended pursuant to Section 13388
and the department finds no basis for a suspension pursuant to that
section, the department shall immediately reinstate the person's
privilege to operate a motor vehicle if the department has suspended
it administratively pursuant to subdivision (a), and the department
shall return or reissue for the remaining term any driver's license
that has been taken from the person pursuant to Section 13382 or
otherwise . Notwithstanding , unless the
person (A) was operating a commercial vehicle, as defined in Section
15210, at the time of the stop or (B) held a commercial driver's
license at the time of the stop, regardless of whether the vehicle
operated at the time of the stop was a commercial vehicle, as defined
in Section 15210.
(2) Notwithstanding subdivision
(b) of Section 13558, if criminal charges under Section 23140, 23152,
or 23153 are not filed by the district attorney because of a lack of
evidence, or if those charges are filed but are subsequently
dismissed by the court because of an insufficiency of evidence, the
person has a renewed right to request an administrative hearing
before the department. The request for a hearing shall be made within
one year from the date of arrest.
(f) The department shall furnish a form that requires a detailed
explanation specifying which evidence was defective or lacking and
detailing why that evidence was defective or lacking. The form shall
be made available to the person to provide to the district attorney.
The department shall hold an administrative hearing, and the hearing
officer shall consider the reasons for the failure to prosecute given
by the district attorney on the form provided by the department. If
applicable, the hearing officer shall consider the reasons stated on
the record by a judge who dismisses the charges. A fee shall not be
imposed pursuant to Section 14905 for the return or reissuing of a
driver's license pursuant to this subdivision. The disposition of a
suspension action under this section does not affect an action to
suspend or revoke the person's privilege to operate a motor vehicle
under another provision of this code, including, but not limited to,
Section 13352 or 13353, or Chapter 3 (commencing with Section 13800).
SEC. 4. Section 15200 of the Vehicle Code is amended to read:
15200. It is the intent of the Legislature, in enacting this
chapter, to adopt those standards required of drivers by the Federal
Highway Motor Carrier Safety
Administration of the United States Department of
Transportation, as set forth in the Commercial Motor Vehicle
Safety Act of 1986 (Title XII of P.L. 99-570) federal
Motor Carrier Safety Improvement Act of 1999 (Public Law
106-159) and to reduce or prevent commercial motor vehicle
accidents, fatalities, and injuries by permitting drivers to hold
only one license, disqualifying drivers for certain criminal offenses
and serious traffic violations, and strengthening licensing and
testing standards. This act is a remedial law and shall be liberally
construed to promote the public health, safety and welfare. To the
extent that this chapter conflicts with general driver licensing
provisions, this chapter shall prevail. Where this chapter is silent,
the general driver licensing provisions shall apply. It is the
further intent of the Legislature that this program be fee supported,
and that the department fully recoup its costs within four years of
the program's enactment.
SEC. 5. Section 15300 of the Vehicle Code is amended to read:
15300. (a) A driver of a commercial motor vehicle may
shall not operate a commercial motor vehicle for
a period of one year if the driver is convicted of a first violation
of any of the following:
(1) Subdivision (a), (b), or (c) of Section 23152 while operating
a motor vehicle.
(2) Subdivision (d) of Section 23152.
(3) Subdivision (a) or (b) of Section 23153 while operating a
motor vehicle.
(4) Subdivision (d) of Section 23153.
(5) Leaving the scene of an accident involving a motor vehicle
operated by the driver.
(6) Using a motor vehicle to commit a felony, other than a felony
described in Section 15304.
(7) Driving a commercial motor vehicle when the driver's
commercial driver's license is revoked, suspended, or canceled based
on the driver's operation of a commercial motor vehicle or when the
driver is disqualified from operating a commercial motor vehicle
based on the driver's operation of a commercial motor vehicle.
(8) Causing a fatality involving conduct defined pursuant to
Section 191.5 of the Penal Code or subdivision (c) of Section 192 of
the Penal Code.
(9) While operating a motor vehicle, refuses to submit to, or
fails to complete, a chemical test or tests in violation of Section
23612.
(10) A violation of Section 2800.1, 2800.2, or 2800.3 that
involves a commercial motor vehicle.
(b) If a violation listed in subdivision (a), or a violation
listed in paragraph (2) of subdivision (a) of Section 13350 or
Section 13352 or 13357, occurred while transporting a hazardous
material, the period specified in subdivision (a) shall be three
years.
SEC. 6. Section 15302 of the Vehicle Code is amended to read:
15302. A driver of a commercial motor vehicle may
shall not operate a commercial motor vehicle for
the rest of his or her life if convicted of more than one violation
of any of the following:
(a) Subdivision (a), (b), or (c) of Section 23152 while operating
a motor vehicle.
(b) Subdivision (d) of Section 23152.
(c) Subdivision (a) or (b) of Section 23153 while operating a
motor vehicle.
(d) Subdivision (d) of Section 23153.
(e) Leaving the scene of an accident involving a motor vehicle
operated by the driver.
(f) Using a motor vehicle to commit a felony, other than a felony
described in Section 15304.
(g) Driving a commercial motor vehicle when the driver's
commercial driver's license is revoked, suspended, or canceled based
on the driver's operation of a commercial motor vehicle or when the
driver is disqualified from operating a commercial motor vehicle
based on the driver's operation of a commercial motor vehicle.
(h) Causing a fatality involving conduct defined pursuant to
Section 191.5 of the Penal Code or in subdivision (c) of Section 192
of the Penal Code.
(i) While operating a motor vehicle, refuses to submit to, or
fails to complete, a chemical test or tests in violation of Section
23612.
(j) A violation of Section 2800.1, 2800.2, or 2800.3 that involves
a commercial motor vehicle.
(k) Any combination of the above violations or a violation listed
in paragraph (2) of subdivision (a) of Section 13350 or Section 13352
or 13357 that occurred while transporting a hazardous material.
SEC. 7. Section 15311 of the Vehicle Code is amended to read:
15311. (a) A driver may shall not
operate a commercial motor vehicle for a period of 90
180 days if the person is convicted of a first
violation of an out-of-service order under subdivision (b) ,
(c), or (d) of Section 2800.
(b) A driver may shall not operate a
commercial motor vehicle for a period of 180 days
two years if the person is convicted of violating an
out-of-service order under subdivision (b) , (c), or (d)
of Section 2800 while transporting hazardous materials required to be
placarded or while operating a vehicle designed to transport 16 or
more passengers, including the driver.
(c) A driver may shall not operate a
commercial motor vehicle for a period of one year
two years if the person is convicted of a second
violation of an out-of-service order under subdivision (b) ,
(c), or (d) of Section 2800 during any 10-year period, arising
from separate incidents.
(d) A driver may shall not operate a
commercial motor vehicle for a period of three years if the person is
convicted of a second violation of an out-of-service order under
subdivision (b) , (c), or (d) of Section 2800 while
transporting hazardous materials that are required to be placarded or
while operating a vehicle designed to transport 16 or more
passengers, including the driver.
(e) In addition to the disqualification period required in
subdivision (a), (b), (c), or (d), a driver who is convicted of
violating an out-of-service order under subdivision (b) of Section
2800 is subject to a civil penalty of not less than one
thousand one hundred dollars ($1,100) nor more than two thousand
seven hundred fifty dollars ($2,750) two thousand five
hundred dollars ($2,500) for a first conviction, and a civil penalty
of five thousand dollars ($5,000) for a second or subsequent
conviction .
(f) A driver may shall not operate a
commercial motor vehicle for a period of three years if the person is
convicted of a third or subsequent violation of an out-of-service
order under subdivision (b) , (c), or (d) of Section 2800
during any 10-year period, arising from separate incidents.
(g) This section shall become operative on September 20, 2005.
SEC. 8. Section 15311.1 of the Vehicle Code is amended to read:
15311.1. (a) An employer
that knowingly allows or requires an employee to operate a commercial
motor vehicle in violation of an out-of-service order is, upon
conviction, subject to a civil penalty of not less than two thousand
seven hundred fifty dollars ($2,750) nor more than eleven
thousand dollars ($11,000) twenty-five thousand
dollars ($25,000) .
(b) This section shall become operative on September 20, 2005.
SEC. 9. Section 15312 of the Vehicle Code is amended to read:
15312. (a) A driver may not
operate a commercial motor vehicle for the following periods:
(1)
(a) Not less than 60 days if that person is convicted
of a violation of subdivision (a) of Section 2800, or Section 21462,
22451, or 22452, or subdivision (c) or (d) of Section
22526, involving a commercial motor vehicle and the violation
occurred at a railroad-highway crossing.
(2)
(b) Not less than 120 days if that person is convicted
of a violation of subdivision (a) of Section 2800, or Section 21462,
22451, or 22452, or subdivision (c) or (d) of Section
22526, involving a commercial motor vehicle, and that violation
occurred at a railroad-highway crossing, during any three-year period
of a separate, prior offense of a railroad-highway grade crossing
violation, that resulted in a conviction.
(3)
(c) Not less than one year if that person is convicted
of a violation of subdivision (a) of Section 2800, or Section 21462,
22451, or 22452, or subdivision (c) or (d) of Section
22526, involving a commercial motor vehicle, and that violation
occurred at a railroad-highway crossing, at a railroad-highway grade
crossing, during any three-year period of two or more prior offenses
of a railroad-highway grade crossing violation, that resulted in
convictions.
(b) This section shall become operative on September 20, 2005.
SEC. 10. Section 22526 of the Vehicle Code is amended to read:
22526. (a) Notwithstanding any official traffic control signal
indication to proceed, a driver of a vehicle shall not enter an
intersection or marked crosswalk unless there is sufficient space on
the other side of the intersection or marked crosswalk to accommodate
the vehicle driven without obstructing the through passage of
vehicles from either side.
(b) A driver of a vehicle which is making a turn at an
intersection who is facing a steady circular yellow or yellow arrow
signal shall not enter the intersection or marked crosswalk unless
there is sufficient space on the other side of the intersection or
marked crosswalk to accommodate the vehicle driven without
obstructing the through passage of vehicles from either side.
(c) A driver of a vehicle shall not enter a railroad or rail
transit crossing, notwithstanding any official traffic control device
or signal indication to proceed, unless there is sufficient
space on the other side of the railroad or rail transit crossing to
accommodate the vehicle driven or there is sufficient
undercarriage clearance to cross the intersection without obstructing
the through passage of a railway vehicle, including, but not limited
to, a train, trolley, or city transit vehicle.
(d) A driver of a vehicle shall not enter a railroad or rail
transit crossing, notwithstanding any official traffic control device
or signal indication to proceed, unless there is sufficient space on
the other side of the railroad or rail transit crossing to
accommodate the vehicle driven and any railway vehicle, including,
but not limited to, a train, trolley, or city transit vehicle.
(d)
(e) A local authority may post appropriate signs at the
entrance to intersections indicating the prohibition in subdivisions
(a), (b), and (c).
(e)
(f) A violation of this section is not a violation of a
law relating to the safe operation of vehicles and is the following:
(1) A stopping violation when a notice to appear has been issued
by a peace officer described in Section 830.1, 830.2, or 830.33 of
the Penal Code.
(2) A parking violation when a notice of parking violation is
issued by a person, other than a peace officer described in paragraph
(1), who is authorized to enforce parking statutes and regulations.
(f)
(g) This section shall be known and may be cited as the
Anti-Gridlock Act of 1987.
SEC. 11. Section 41501 of the Vehicle Code is amended to read:
41501. (a) The court may order a continuance of a proceeding
against a person, who receives a notice to appear in court for a
violation of a statute relating to the safe operation of a vehicle,
in consideration for attendance at a licensed school for traffic
violators, a licensed driving school, or any other court-approved
program of driving instruction, and, after that attendance and
pursuant to Section 1803.5 or 42005, the court may dismiss
the complaint issue a traffic violator school
conviction under the following conditions:
(1) If the offense is alleged to have been committed within 12
months of another offense that was dismissed
issued a traffic violator school conviction under this section,
the court may order the continuance and, after the attendance,
dismiss the complaint issue a traffic
violator school conviction . The court may order attendance at
a licensed school for traffic violators that offers a program of at
least 12 hours of instruction.
(2) If the offense is not alleged to have occurred within 18
months of another offense that was dismissed
issued a traffic violator school conviction under this section,
the court may order the continuance and, after the attendance,
dismiss the complaint issue a traffic
violator school conviction if the attendance is at any of the
types of schools or programs that the court directed pursuant to
Section 42005 at the time of ordering the continuance.
(b) Subdivision (a) does not apply to a person who receives a
notice to appear as to, or is otherwise charged with, a violation of
an offense described in subdivisions (a) to (e), inclusive, of
Section 12810.
SEC. 12. 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.