BILL NUMBER: SB 1229 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 13, 2010
INTRODUCED BY Senator Denham
( Coauthor: Senator Cox
)
FEBRUARY 19, 2010
An act to amend Section 4000 of, and to add Sections
36018 and 38025.1 to, 36005 of the Vehicle Code,
relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 1229, as amended, Denham. Off-highway motor vehicles:
agricultural use: highways. Vehicles: all-terrain
vehicle: agricultural operations. .
Existing law includes as an implement of husbandry, among other
things, any vehicle that is operated upon a highway only for the
purpose of transporting agricultural products and is in no event
operated along a highway for a total distance greater than one mile
from the point of origin of the trip.
This bill would add an all-terrain vehicle used in agricultural
operations as an implement of husbandry.
(1) Existing law prohibits a person from operating an off-highway
motor vehicle upon a highway, except to cross a 2-lane highway at an
angle of approximately 90 degrees to the direction of the roadway
under specified conditions.
This bill would allow a farmer, a rancher, or an employee of a
farmer or rancher to operate an off-highway motor vehicle used
exclusively in the conduct of agricultural operations that is in
compliance with statutory identification and equipment requirements,
and specified restrictions, to be operated upon a highway that is not
a freeway and consists of not more than 2 lanes. The bill would
prohibit a farmer, a rancher, or an employee of a farmer or rancher
from operating an off-highway motor vehicle on a highway if a portion
of that highway is in a construction or maintenance area that is
clearly posted.
The bill also would define "off-highway motor vehicle used
exclusively in the conduct of agricultural operations" and
"all-terrain vehicle used exclusively in the conduct of agricultural
operations."
(2) Under existing law, a violation of the Vehicle Code is an
infraction, unless otherwise specified.
This bill would impose a state-mandated local program by creating
a new infraction.
(3) 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
no . State-mandated local program: yes
no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 36005 of the Vehicle
Code is amended to read:
36005. Implement of husbandry includes, but is not limited to
, all of the following :
(a) A lift carrier or other vehicle designed and used exclusively
for the lifting and carrying of implements of husbandry or tools used
exclusively for the production or harvesting of agricultural
products, when operated or moved upon a highway.
(b) A trailer of the tip-bed type when used exclusively in the
transportation of other implements of husbandry or tools used
exclusively for the production or harvesting of agricultural
products.
(c) A trailer or semitrailer having no bed, and designed and used
solely for transporting a hay loader or swather.
(d) A spray or fertilizer applicator rig used exclusively for
spraying or fertilizing in the conduct of agricultural operations.
This subdivision does not apply to anhydrous ammonia fertilizer
applicator rigs which have a transportation capacity in excess of 500
gallons.
(e) (1) A trailer or semitrailer
which that has a maximum transportation capacity
in excess of 500 gallons, but not more than 1,000 gallons, used
exclusively for the transportation and application of anhydrous
ammonia, if the vehicle is either equipped with operating brakes or
is towed upon a highway by a motortruck that is assigned a
manufacturer's gross vehicle weight rating of3/4 ton or more.
These
(2) These vehicles are subject to
Section 24603 if the stoplamps of the towing vehicle are not clearly
visible.
For
(3) For purposes of this
subdivision, a combination of vehicles is limited to two vehicles in
tandem.
(f) A nurse rig or equipment auxiliary to the use of and designed
or modified for the fueling, repairing, or loading of an applicator
rig or an airplane used for the dusting, spraying, fertilizing, or
seeding of crops.
(g) A row duster.
(h) A wagon or van used exclusively for carrying products of
farming from one part of a farm to another part thereof, or from one
farm to another farm, and used solely for agricultural purposes,
including any van used in harvesting alfalfa or cotton, which is only
incidentally operated or moved on a highway as a trailer.
(i) A wagon or portable house on wheels used solely by shepherds
as a permanent residence in connection with sheep raising operations
and moved from one part of a ranch to another part thereof or from
one ranch to another ranch, which is only incidentally operated or
moved on a highway as a trailer.
(j) Notwithstanding subdivision (f) of Section 36101, a trap
wagon, as defined in Section 36016, moved from one part of a ranch to
another part of the same ranch or from one ranch to another, which
is only operated or moved on a highway incidental to agricultural
operations. The fuel tank or tanks of the trap wagon shall not exceed
1,000 gallons total capacity.
(k) Any vehicle which that is
operated upon a highway only for the purpose of transporting
agricultural products and is in no event operated along a highway for
a total distance greater than one mile from the point of origin of
the trip.
( l ) A portable honey-extracting trailer or
semitrailer.
(m) A fertilizer nurse tank or trailer that is not self-propelled
and which is moved unladen on the highway and auxiliary to the use of
a spray or fertilizer applicator rig.
(n) Any cotton trailer when used on the highways for the exclusive
purpose of transporting cotton from a farm to a cotton gin, and
returning the empty trailer to such farm, except that Section 5014
shall apply to such trailers.
(o) A truck tractor or truck tractor and semitrailer combination
specified in this subdivision which is owned by a farmer and operated
on the highways, (1) only incidental to a farming operation, (2) not
for compensation, and (3) for a distance of not more than two miles
(on the highway) each way. This subdivision applies only to truck
tractors with a manufacturer's gross vehicle weight rating over
10,000 pounds that are equipped with all-wheel drive and off-highway
traction tires on all wheels, and only to semitrailers used in
combination with such a truck tractor and exclusively in production
or harvesting of tomatoes. The vehicles specified in this subdivision
shall not be operated in excess of 25 miles per hour on the
highways.
(p) An all-terrain vehicle used in agricultural operations.
SECTION 1. Section 4000 of the Vehicle Code is
amended to read:
4000. (a) (1) A person shall not drive, move, or leave standing
upon a highway, or in an offstreet public parking facility, any motor
vehicle, trailer, semitrailer, pole or pipe dolly, or logging dolly,
unless it is registered and the appropriate fees have been paid
under this code or registered under the permanent trailer
identification program, except that an off-highway motor vehicle that
displays an identification plate or device issued by the department
pursuant to Section 38010 may be driven, moved, or left standing in
an offstreet public parking facility or may be operated by a farmer,
a rancher, or an employee of a farmer or rancher in the manner
authorized in Section 38025.1 without being registered or paying
registration fees.
(2) For purposes of this subdivision, "offstreet public parking
facility" means either of the following:
(A) A publicly owned parking facility.
(B) A privately owned parking facility for which a fee for the
privilege to park is not charged and which is held open for the
common public use of retail customers.
(3) This subdivision does not apply to a motor vehicle stored in a
privately owned offstreet parking facility by, or with the express
permission of, the owner of the privately owned offstreet parking
facility.
(b) A person shall not drive, move, or leave standing upon a
highway a motor vehicle, as defined in Chapter 2 (commencing with
Section 39010) of Part 1 of Division 26 of the Health and Safety Code
that has been registered in violation of Part 5 (commencing with
Section 43000) of that Division 26.
(c) Subdivisions (a) and (b) do not apply to an off-highway motor
vehicle operated pursuant to Sections 38025 and 38026.5.
(d) This section does not apply, following payment of fees due for
registration, during the time that registration and transfer is
being withheld by the department pending the investigation of any use
tax due under the Revenue and Taxation Code.
(e) Subdivision (a) does not apply to a vehicle that is towed by a
tow truck on the order of a sheriff, marshal, or other official
acting pursuant to a court order or on the order of a peace officer
acting pursuant to this code.
(f) Subdivision (a) applies to a vehicle that is towed from a
highway or offstreet parking facility under the direction of a
highway service organization when that organization is providing
emergency roadside assistance to that vehicle. However, the operator
of a tow truck providing that assistance to that vehicle is not
responsible for the violation of subdivision (a) with respect to that
vehicle. The owner of an unregistered vehicle that is disabled and
located on private property shall obtain a permit from the department
pursuant to Section 4003 prior to having the vehicle towed on the
highway.
(g) For purposes of this section, possession of a California
driver's license by the registered owner of a vehicle shall give rise
to a rebuttable presumption that the owner is a resident of
California.
SEC. 2. Section 36018 is added to the Vehicle
Code, to read:
36018. "Off-highway motor vehicle used exclusively in the conduct
of agricultural operations" or "all-terrain vehicle used exclusively
in the conduct of agricultural operations" means a motor vehicle
subject to subdivision (a) of Section 38010 that meets all of the
following conditions:
(a) The vehicle is designed for operation off of highways and is
used exclusively in the conduct of an agricultural operation.
(b) The vehicle carries not more than one passenger.
(c) The vehicle is less than or equal to 50 inches wide.
(d) The vehicle's unladen weight is less than or equal to 900
pounds.
(e) The vehicle is designed to travel on three or more
low-pressure, rubber tires.
(f) The vehicle has a seat or saddle designed to be straddled by
the operator or a single seat designed to be straddled by the
operator and a seat for not more than one passenger.
(g) The vehicle has handlebars for steering control.
SEC. 3. Section 38025.1 is added to the Vehicle
Code, to read:
38025.1. (a) A farmer, a rancher, or an employee of a farmer or
rancher may operate upon a highway, other than a freeway, an
off-highway motor vehicle used exclusively in the conduct of
agricultural operations, as defined in Section 36018, and that is in
compliance with the identification requirements of this chapter and
the equipment requirements of Chapter 6 (commencing with Section
38325), if the highway consists of not more than two lanes and the
vehicle is operated in accordance with the following restrictions:
(1) If the vehicle is crossing the highway, the following apply:
(A) The vehicle may only cross the highway from and to adjacent
and lawfully accessible property.
(B) The highway is clearly visible to the operator and free of
oncoming traffic for at least one-half mile in each direction.
(C) The operator crosses the highway at a 90 degree angle.
(D) An operator may temporarily stop on a median, if present, and
if the median is at least 10 feet wide, in order to ensure the safe
crossing of the vehicle.
(2) An off-highway motor vehicle may travel along a shoulder of a
highway that is at least 10 feet wide for a distance of not more than
100 yards and only if that travel is necessary to lawfully access
adjacent property.
(b) A farmer, a rancher, or an employee of a farmer or rancher
shall not operate an off-highway motor vehicle upon a portion of a
highway under subdivision (a) if that portion of the highway is in a
highway construction or maintenance area that is clearly posted.
SEC. 4. 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.