Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 298

Introduced by Assembly Member Pan

February 12, 2013

An act begin insert to amend Section 12804.9 of, and to add Division 16.2 (commencing with Section 37000) to, the Vehicle Code, end insert relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

AB 298, as amended, Pan. begin delete Vehicles: license plates. end delete begin insert Vehicles: farm vehicles: federal compliance. end insert

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Under existing law, the Department of the California Highway Patrol is required to regulate the safe operation of certain vehicles, including specified commercial motor vehicles, and adopt regulations that are designed to promote the safe operation of those vehicles regarding, among other things, controlled substances and alcohol testing of drivers by motor carriers, hours of service of drivers, inspection, and maintenance. Existing law requires that hours-of-service regulations for drivers of those vehicles be consistent with the hours-of-service regulations adopted by the United States Department of Transportation.

end insert begin insert

Under existing law, a vehicle with a gross vehicle weight rating of less than 26,000 pounds may be operated without a commercial driver’s license under certain circumstances, including when it is operated by a farmer or an employee of a farmer and used exclusively in the conduct of agricultural operations.

end insert begin insert

Existing federal law, the Moving Ahead for Progress in the 21st Century Act, defines covered farm vehicles, in part, as vehicles that are operated by farm or ranch owners or operators, transport to or from a farm or ranch agricultural commodities, livestock, machinery, or farm supplies, and may be over 26,000 pounds under certain circumstances. Under existing law, covered farm vehicles, and individuals who operate those vehicles, are exempt from federal requirements relating to commercial driver’s license standards, drug testing, medical certificates, hours of service for drivers, and vehicle inspections, repair, and maintenance, as specified. The act also exempts, during planting and harvest seasons, an individual who is transporting agricultural commodities or farm supplies to locations that are within 150 air miles from the source of those commodities or distribution point of those supplies, as specified, from federal requirements relating to hours of service for those drivers.

end insert begin insert

This bill would exempt covered farm vehicles, defined pursuant to federal law, from state laws relating to commercial driver’s license standards, drug testing, medical certificates, hours commencing of service for drivers, and vehicle inspections, repair, and maintenance to conform to federal law. This bill would additionally exempt, during planting and harvest seasons, a driver who is transporting agricultural commodities or farm supplies, as specified, from state laws relating to hours of service of drivers to conform to federal law.

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Existing law, subject to exceptions, requires the Department of Motor Vehicles to, upon registering a vehicle, issue the owner 2 partially or fully reflectorized license plates. Existing law also authorizes the department to issue a variety of specialty license plates, as specified

end delete begin delete

This bill would express the intent of the Legislature to enact legislation authorizing the issuance of an agriculture license plate.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 12804.9 of the end insert begin insert Vehicle Code end insert begin insert is amended
to read: end insert

12804.9.  

(a) (1) The examination shall include all of the
following:

(A) A test of the applicant’s knowledge and understanding of
the provisions of this code governing the operation of vehicles
upon the highways.

(B) A test of the applicant’s ability to read and understand
simple English used in highway traffic and directional signs.

(C) A test of the applicant’s understanding of traffic signs and
signals, including the bikeway signs, markers, and traffic control
devices established by the Department of Transportation.

(D) An actual demonstration of the applicant’s ability to exercise
ordinary and reasonable control in operating a motor vehicle by
driving it under the supervision of an examining officer. The
applicant shall submit to an examination appropriate to the type
of motor vehicle or combination of vehicles he or she desires a
license to drive, except that the department may waive the driving
test part of the examination for any applicant who submits a license
issued by another state, territory, or possession of the United States,
the District of Columbia, or the Commonwealth of Puerto Rico if
the department verifies through any acknowledged national driver
record data source that there are no stops, holds, or other
impediments to its issuance. The examining officer may request
to see evidence of financial responsibility for the vehicle prior to
supervising the demonstration of the applicant’s ability to operate
the vehicle. The examining officer may refuse to examine an
applicant who is unable to provide proof of financial responsibility
for the vehicle, unless proof of financial responsibility is not
required by this code.

(E) A test of the hearing and eyesight of the applicant, and of
other matters that may be necessary to determine the applicant’s
mental and physical fitness to operate a motor vehicle upon the
highways, and whether any grounds exist for refusal of a license
under this code.

(2) (A) Before a class A or class B driver’s license, or class C
driver’s license with a commercial endorsement, may be issued
or renewed, the applicant shall have in his or her driver record a
valid report of a medical examination of the applicant given not
more than two years prior to the date of the application by a health
care professional. As used in this paragraph, “health care
professional” means a person who is licensed, certified, or
registered in accordance with applicable state laws and regulations
to practice medicine and perform physical examinations in the
United States. Health care professionals are doctors of medicine,
doctors of osteopathy, physician assistants, and registered advanced
practice nurses, or doctors of chiropractic who are clinically
competent to perform the medical examination presently required
of motor carrier drivers by the United States Department of
Transportation. The report shall be on a form approved by the
department. In establishing the requirements, consideration may
be given to the standards presently required of motor carrier drivers
by the Federal Motor Carrier Safety Administration.

(B) The department may accept a federal waiver of one or more
physical qualification standards if the waiver is accompanied by
a report of a nonqualifying medical examination for a class A or
class B driver’s license, or class C driver’s license with a
commercial endorsement, pursuant to Section 391.41(a)(3)(ii) of
Subpart E of Part 391 of Title 49 of the Code of Federal
Regulations.

(3) A physical defect of the applicant that, in the opinion of the
department, is compensated for to ensure safe driving ability, shall
not prevent the issuance of a license to the applicant.

(b) In accordance with the following classifications, an applicant
for a driver’s license shall be required to submit to an examination
appropriate to the type of motor vehicle or combination of vehicles
the applicant desires a license to drive:

(1) Class A includes the following:

(A) Except as provided in subparagraph (H) of paragraph (3),
a combination of vehicles, if a vehicle being towed has a gross
vehicle weight rating of more than 10,000 pounds.

(B) A vehicle towing more than one vehicle.

(C) A trailer bus.

(D) The operation of all vehicles under class B and class C.

(2) Class B includes the following:

(A) Except as provided in subparagraph (H) of paragraph (3),
a single vehicle with a gross vehicle weight rating of more than
26,000 pounds.

(B) A single vehicle with three or more axles, except any
three-axle vehicle weighing less than 6,000 pounds.

(C) A bus except a trailer bus.

(D) A farm labor vehicle.

(E) A single vehicle with three or more axles or a gross vehicle
weight rating of more than 26,000 pounds towing another vehicle
with a gross vehicle weight rating of 10,000 pounds or less.

(F) A house car over 40 feet in length, excluding safety devices
and safety bumpers.

(G) The operation of all vehicles covered under class C.

(3) Class C includes the following:

(A) A two-axle vehicle with a gross vehicle weight rating of
26,000 pounds or less, including when the vehicle is towing a
trailer or semitrailer with a gross vehicle weight rating of 10,000
pounds or less.

(B) Notwithstanding subparagraph (A), a two-axle vehicle
weighing 4,000 pounds or more unladen when towing a trailer
coach not exceeding 9,000 pounds gross.

(C) A house car of 40 feet in length or less.

(D) A three-axle vehicle weighing 6,000 pounds gross or less.

(E) A house car of 40 feet in length or less or a vehicle towing
another vehicle with a gross vehicle weight rating of 10,000 pounds
or less, including when a tow dolly is used. A person driving a
vehicle may not tow another vehicle in violation of Section 21715.

(F) (i) A two-axle vehicle weighing 4,000 pounds or more
unladen when towing either a trailer coach or a fifth-wheel travel
trailer not exceeding 10,000 pounds gross vehicle weight rating,
when the towing of the trailer is not for compensation.

(ii) A two-axle vehicle weighing 4,000 pounds or more unladen
when towing a fifth-wheel travel trailer exceeding 10,000 pounds,
but not exceeding 15,000 pounds, gross vehicle weight rating,
when the towing of the trailer is not for compensation, and if the
person has passed a specialized written examination provided by
the department relating to the knowledge of this code and other
safety aspects governing the towing of recreational vehicles upon
the highway.

The authority to operate combinations of vehicles under this
subparagraph may be granted by endorsement on a class C license
upon completion of that written examination.

(G)  begin insert (i) end insert begin insert   end insert A vehicle or combination of vehicles with a gross
combination weight rating or a gross vehicle weight rating, as
those terms are defined in subdivisions (j) and (k), respectively,
of Section 15210, of 26,000 pounds or less, if all of the following
conditions are met:

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(i)

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begin insert ( end insert begin insert I) end insert  Is operated by a farmer, an employee of a farmer, or an
instructor credentialed in agriculture as part of an instructional
program in agriculture at the high school, community college, or
university level.

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(ii)

end delete

begin insert (II) end insert  Is used exclusively in the conduct of agricultural operations.

begin delete

(iii)

end delete

begin insert (III) end insert  Is not used in the capacity of a for-hire carrier or for
compensation.

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(ii) A covered farm vehicle, as defined in Section 37002.

end insert

(H) Firefighting equipment, provided that the equipment is
operated by a person who holds a firefighter endorsement pursuant
to Section 12804.11.

(I) A motorized scooter.

(J)  Class C does not include a two-wheel motorcycle or a
two-wheel motor-driven cycle.

(4) Class M1. A two-wheel motorcycle or a motor-driven cycle.
Authority to operate a vehicle included in a class M1 license may
be granted by endorsement on a class A, B, or C license upon
completion of an appropriate examination.

(5) (A) Class M2 includes the following:

(i) A motorized bicycle or moped, or a bicycle with an attached
motor, except a motorized bicycle described in subdivision (b) of
Section 406.

(ii) A motorized scooter.

(B) Authority to operate vehicles included in class M2 may be
granted by endorsement on a class A, B, or C license upon
completion of an appropriate examination, except that no
endorsement is required for a motorized scooter. Persons holding
a class M1 license or endorsement may operate vehicles included
in class M2 without further examination.

(c) A driver’s license or driver certificate is not valid for
operating a commercial motor vehicle, as defined in subdivision
(b) of Section 15210, any other motor vehicle defined in paragraph
(1) or (2) of subdivision (b), or any other vehicle requiring a driver
to hold any driver certificate or any driver’s license endorsement
under Section 15275, unless a medical certificate approved by the
department that has been issued within two years of the date of
the operation of that vehicle and a copy of the medical examination
report from which the certificate was issued is on file with the
department. Otherwise, the license is valid only for operating class
C vehicles that are not commercial vehicles, as defined in
subdivision (b) of Section 15210, and for operating class M1 or
M2 vehicles, if so endorsed, that are not commercial vehicles, as
defined in subdivision (b) of Section 15210.

(d) A license or driver certificate issued prior to the enactment
of Chapter 7 (commencing with Section 15200) is valid to operate
the class or type of vehicles specified under the law in existence
prior to that enactment until the license or certificate expires or is
otherwise suspended, revoked, or canceled. Upon application for
renewal or replacement of a driver’s license, endorsement, or
certificate required to operate a commercial motor vehicle, a valid
medical certificate on a form approved by the department shall be
submitted to the department.

(e) The department may accept a certificate of driving skill that
is issued by an employer, authorized by the department to issue a
certificate under Section 15250, of the applicant, in lieu of a driving
test, on class A or B applications, if the applicant has first qualified
for a class C license and has met the other examination
requirements for the license for which he or she is applying. The
certificate may be submitted as evidence of the applicant’s skill
in the operation of the types of equipment covered by the license
for which he or she is applying.

(f) The department may accept a certificate of competence in
lieu of a driving test on class M1 or M2 applications, when the
certificate is issued by a law enforcement agency for its officers
who operate class M1 or M2 vehicles in their duties, if the applicant
has met the other examination requirements for the license for
which he or she is applying.

(g) The department may accept a certificate of satisfactory
completion of a novice motorcyclist training program approved
by the commissioner pursuant to Section 2932 in lieu of a driving
test on class M1 or M2 applications, if the applicant has met the
other examination requirements for the license for which he or she
is applying. The department shall review and approve the written
and driving test used by a program to determine whether the
program may issue a certificate of completion.

(h) Notwithstanding subdivision (b), a person holding a valid
California driver’s license of any class may operate a short-term
rental motorized bicycle without taking any special examination
for the operation of a motorized bicycle, and without having a
class M2 endorsement on that license. As used in this subdivision,
“short-term” means 48 hours or less.

(i) A person under the age of 21 years shall not be issued a class
M1 or M2 license or endorsement unless he or she provides
evidence satisfactory to the department of completion of a
motorcycle safety training program that is operated pursuant to
Article 2 (commencing with Section 2930) of Chapter 5 of Division
2.

(j) A driver of a vanpool vehicle may operate with a class C
license but shall possess evidence of a medical examination
required for a class B license when operating vanpool vehicles. In
order to be eligible to drive the vanpool vehicle, the driver shall
keep in the vanpool vehicle a statement, signed under penalty of
perjury, that he or she has not been convicted of reckless driving,
drunk driving, or a hit-and-run offense in the last five years.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Division 16.2 (commencing with Section 37000) is
added to the end insert begin insert Vehicle Code end insert begin insert , to read: end insert

begin insert

 

Division  begin insert 16.2. end insert   FARM VEHICLES

 

begin insert 37000. end insert   

This division may be known and cited as the Federal
Motor Carrier Safety Administration Conformance Act of 2013.

begin insert 37001. end insert   

The Legislature finds and declares that the purpose of
this division is to conform state law with the federal Moving Ahead
for Progress in the 21st Century Act (Public Law 112-141), which
exempts covered farm vehicles and individuals operating covered
farm vehicles from certain provisions of federal law.

begin insert 37002. end insert   

For purposes of this division, a “covered farm vehicle”
means a vehicle that meets all of the following criteria:

(a) Is traveling in the state.

(b) Is operated by a farm owner or operator, a ranch owner or
operator, or an employee or family member of a farm owner or
operator or a ranch owner or operator

(c) Is used to transport to or from a farm or ranch agricultural
commodities, livestock, machinery, or supplies.

(d) Is not used in the operations of a for-hire motor carrier,
unless the vehicle is operated pursuant to a crop share farm lease
agreement, owned by a tenant with respect to that agreement, and
transporting the landlord’s portion of the crops under that
agreement.

(e) Is equipped with a special license plate pursuant to Section
5014 or is otherwise registered with the state.

(f) Has a gross vehicle weight rating or gross vehicle weight,
whichever is greater, that is less than 26,001 pounds, unless the
vehicle travels solely within the state or travels within 150 air
miles of the farm or ranch where the vehicle is being operated.

begin insert 37003. end insert   

A covered farm vehicle, and an individual operating a
covered farm vehicle, is exempt from all of the following:

(a) Any state law, including Section 12804.9 and Chapter 7
(commencing with Section 15200) of Division 6, or requirements
relating to commercial driver’s license standards that were adopted
to conform to Chapter 313 (commencing with Section 31301) of
Title 49 of the United States Code and the regulations adopted
pursuant to those provisions (Part 383 of Title 49 of the Code of
Federal Regulations).

(b) Any state law, including Chapter 7 (commencing with Section
15200) of Division 6 and Division 14.8 (commencing with Section
34500), or requirements relating to controlled substances and
alcohol use and testing that were adopted to conform to Chapter
313 (commencing with Section 31301) of Title 49 of the United
States Code and the regulations adopted pursuant to those
provisions (Part 382 of Title 49 of the Code of Federal
Regulations).

(c) Any state law, including Section 12804.9, or requirements
relating to medical certificates and physical qualifications and
examinations that were adopted to conform to Subchapter III of
Chapter 311 (commencing with Section 31131) and Chapter 313
(commencing with Section 31301) of Title 49 of the United States
Code and the regulations adopted pursuant to those provisions
(Subpart E of Part 391 of Title 49 of the Code of Federal
Regulations).

(d) Any state law, including Division 14.8 (commencing with
Section 34500), or requirements relating to hours of service of
drivers that were adopted to conform to Subchapter III of Chapter
311 (commencing with Section 31131) and Chapter 315
(commencing with Section 31501) of Title 49 of the United States
Code and the regulations adopted pursuant to those provisions
(Part 395 of Title 49 of the Code of Federal Regulations), as those
regulations now exist or are hereafter amended.

(e) Any state law, including Division 14.8 (commencing with
Section 34500), or requirements relating to vehicle inspection,
repair, and maintenance that were adopted to conform to
Subchapter III of Chapter 311 (commencing with Section 31131)
and Chapter 315 (commencing with Section 31501) of Title 49 of
the United States Code and the regulations adopted pursuant to
those provisions (Part 396 of Title 49 of the Code of Federal
Regulations).

begin insert 37004. end insert   

(a) A driver of a vehicle that does not meet the
conditions in Section 37003 is, during planting and harvest
seasons, exempt from any state law, including Division 14.8
(commencing with Section 34500), relating to hours of service of
drivers used by motor carriers that were adopted to conform to
Section 31136 or 31502 of Title 49 of the United States Code and
the regulations adopted pursuant to those provisions (Part 395 of
Title 49 of the Code of Federal Regulations), if one of the following
conditions is met:

(1) The driver is transporting agricultural commodities from
the source of the agricultural commodities to a location within a
150 air-mile radius from the source.

(2) The driver is transporting farm supplies for agricultural
purposes from the wholesale or retail distribution point of the farm
supplies to a farm or other location where the farm supplies are
intended to be used within a 150 air-mile radius from the
distribution point.

(3) The driver is transporting farm supplies for agricultural
purposes from a wholesale distribution point of the farm supplies
to a retail distribution point of the farm supplies within a 150
air-mile radius from the wholesale distribution point.

(b) The Secretary of Food and Agriculture shall publish a
planting and harvest season for each agricultural commodity
grown in the state. Subdivision (a) shall not be effective until the
secretary has published a planting and harvest season for that
commodity.

end insert

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SECTION 1.  

It is the intent of the Legislature to enact
legislation authorizing the issuance of an agriculture license plate.

end delete