BILL NUMBER: AB 2144 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 5, 2010
PASSED THE ASSEMBLY AUGUST 9, 2010
AMENDED IN SENATE AUGUST 3, 2010
AMENDED IN SENATE JUNE 10, 2010
AMENDED IN ASSEMBLY APRIL 14, 2010
INTRODUCED BY Assembly Member Gilmore
FEBRUARY 18, 2010
An act to amend Sections 15200, 15300, 15302, 15306, 15308, 15311,
15311.1, 15312, and 22526 of, and to amend, repeal, and add Sections
1803.5, 1808.7, and 41501 of, the Vehicle Code, relating to
vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 2144, 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 revise and recast these provisions and, instead,
would authorize the court, after a deposit of bail and bail
forfeiture, a plea of guilty or no contest, or a conviction, to order
a continuance of the proceeding against a person who receives a
notice to appear in court for a violation of a statute relating to
safe operation of a vehicle, in consideration for completion of a
program at a school for traffic violators and order that the
conviction be held confidential. The bill would prohibit the record
of certain convictions from being confidential under these
provisions. The bill would require that no violation point count be
assessed if the record of conviction is confidential, unless other
specified conditions apply.
The bill would require that these provisions become operative on
July 1, 2011.
(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 prohibits a driver from operating a commercial
vehicle for a period of 60 days or 120 days if the driver is
convicted of a serious traffic violation involving a noncommercial
motor vehicle resulting in the revocation, cancellation, or
suspension of the driver's license and the offense occurs within 3
years of a separate offense of a serious traffic violation or within
3 years of 2 or more separate offenses of serious traffic violations,
respectively, that resulted in convictions.
This bill would eliminate the requirement that the conviction of
the offense resulted in the revocation, cancellation, or suspension
of the driver's license.
(5) 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.
(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.
(7) This bill would also includes language in Section 41501 that
the bill would add to the Vehicle Code, proposed by AB 2499, to
become operative only if AB 2499 and this bill are chaptered and
become effective on or before January 1, 2011, and this bill is
chaptered last.
(8) 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.
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 completion of a program 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 in consideration for that completion,
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.
(b) This section shall become inoperative on July 1, 2011, and, as
of January 1, 2012, is repealed, unless a later enacted statute that
is enacted before January 1, 2012, deletes or extends the dates on
which it becomes inoperative and is repealed.
SEC. 1.5. Section 1803.5 is added to the Vehicle Code, 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 completion of a program at a
school for traffic violators, that results in a designation of the
conviction as confidential in consideration for that completion,
shall prepare an abstract of the record of the court or board
proceeding that indicates that the person was convicted of the
violation and ordered to complete a traffic violator program, certify
the abstract to be true and correct, and cause the abstract to be
forwarded to the department at its office at Sacramento within five
days after receiving proof that the program was completed or the due
date to which the proceeding was continued, whichever comes first.
(b) This section shall become operative on July 1, 2011.
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 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) This section shall become inoperative on July 1, 2011, and, as
of January 1, 2012, is repealed, unless a later enacted statute that
is enacted before January 1, 2012, deletes or extends the dates on
which it becomes inoperative and is repealed.
SEC. 2.5. Section 1808.7 is added to the Vehicle Code, to read:
1808.7. (a) The record of the department relating to the first
proceeding and conviction under Section 1803.5 in any 18-month period
for completion of a traffic violator school program is confidential,
shall not be disclosed to any person, except a court and as provided
for in subdivision (b), and shall be used only for statistical
purposes by the department. No violation point count shall be
assessed pursuant to Section 12810 if the conviction is confidential.
(b) The record of a conviction described in subdivision (a) shall
not be confidential if any of the following circumstances applies:
(1) The person convicted holds a commercial driver's license as
defined by Section 15210.
(2) The person convicted holds a commercial driver's license in
another state, in accordance with Part 383 of Title 49 of the Code of
Federal Regulations.
(3) The violation occurred in a commercial motor vehicle, as
defined in subdivision (b) of Section 15210.
(4) The conviction would result in a violation point count of more
than one point pursuant to Section 12810.
(c) This section shall become operative on July 1, 2011.
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. 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. 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. 6. Section 15306 of the Vehicle Code is amended to read:
15306. A driver shall not operate a commercial motor vehicle for
a period of 60 days if the person is convicted of a serious traffic
violation involving a commercial or a noncommercial motor vehicle and
the offense occurred within three years of a separate offense of a
serious traffic violation that resulted in a conviction.
SEC. 7. Section 15308 of the Vehicle Code is amended to read:
15308. (a) A driver shall not operate a commercial motor vehicle
for a period of 120 days if the person is convicted of a serious
traffic violation involving a commercial or noncommercial motor
vehicle and the offense occurred within three years of two or more
separate offenses of serious traffic violations that resulted in
convictions.
(b) Notwithstanding Section 13366.5, the time period under
subdivision (a) shall not commence until all existing suspensions or
revocations of the commercial driving privilege have ended.
SEC. 8. 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. 9. 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. 10. 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. 11. 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. 12. 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 under the following conditions:
(1) If the offense is alleged to have been committed within 12
months of another offense that was dismissed under this section, the
court may order the continuance and, after the attendance, dismiss
the complaint. 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 under this section, the
court may order the continuance and, after the attendance, dismiss
the complaint 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.
(c) This section shall become inoperative on July 1, 2011, and, as
of January 1, 2012, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2012, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 12.5. Section 41501 is added to the Vehicle Code, to read:
41501. (a) After a deposit of bail and bail forfeiture, a plea of
guilty or no contest, or a conviction, 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 successful completion of
a course of instruction at a licensed school for traffic violators,
a licensed driving school, or any other court-approved program of
driving instruction, and pursuant to Section 1803.5 or 42005, the
court may order that the conviction be held confidential by the
department according to Section 1808.7.
(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.
(c) This section shall become operative on July 1, 2011.
SEC. 12.7. Section 41501 is added to the Vehicle Code, to read:
41501. (a) After a deposit of bail and bail forfeiture, a plea of
guilty or no contest, or a conviction, 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 successful completion of
a course of instruction at a licensed school for traffic violators
and pursuant to Section 1803.5 or 42005, the court may order that the
conviction be held confidential by the department according to
Section 1808.7. The court shall notify a person that only one
conviction within 18 months will be held confidential.
(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.
(c) This section shall become operative on July 1, 2011.
SEC. 13. Section 12.7 of this bill adds Section 41501 to the
Vehicle Code and includes language proposed by this bill and AB 2499.
It shall only become operative if (1) both bills are enacted and
become effective on or before January 1, 2011, (2) each bill adds
Section 41501 to the Vehicle Code, and (3) this bill is enacted after
AB 2499, in which case Section 12.5 of this bill shall not become
operative.
SEC. 14. 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.