BILL NUMBER: AB 2144 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 14, 2010
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 amended, 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
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)
(5) 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
(6) 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. In accordance with Section 41501 or 42005, 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,
which results in a 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 traffic violator school
conviction is issued.
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 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, 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. SEC. 3. 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
Motor Carrier Safety Administration of the United States Department
of Transportation, as set forth in the 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. SEC. 4. Section 15300 of the
Vehicle Code is amended to read:
15300. (a) A driver 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. SEC. 5. Section 15302 of the
Vehicle Code is amended to read:
15302. A driver 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. SEC. 6. Section 15311 of the
Vehicle Code is amended to read:
15311. (a) A driver shall not operate a commercial motor vehicle
for a period of 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 shall not operate a commercial motor vehicle for a
period of 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 shall not operate a commercial motor vehicle for a
period of 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 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 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 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.
SEC. 8. SEC. 7. Section 15311.1 of
the Vehicle Code is amended to read:
15311.1. 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 twenty-five thousand dollars ($25,000).
SEC. 9. SEC. 8. Section 15312 of the
Vehicle Code is amended to read:
15312. A driver may not operate a commercial motor vehicle for
the following periods:
(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.
(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.
(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.
SEC. 10. SEC. 9. 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
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.
(e) A local authority may post appropriate signs at the entrance
to intersections indicating the prohibition in subdivisions (a), (b),
and (c).
(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.
(g) This section shall be known and may be cited as the
Anti-Gridlock Act of 1987.
SEC. 11. SEC. 10. 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 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 issued a traffic violator school
conviction under this section, the court may order the continuance
and, after the attendance, 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 issued a traffic violator school
conviction under this section, the court may order the continuance
and, after the attendance, 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. SEC. 11. 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.