California Legislature—2013–14 Regular Session

Assembly Bill No. 306

Introduced by Assembly Member Lowenthal

February 12, 2013

An act to amend Section 34620 of the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

AB 306, as introduced, Lowenthal. Vehicles: motor carrier.

Existing law requires every motor carrier of property to comply with specified safety, permit, and liability insurance regulations and to pay the fees required by these provisions. Existing law also prohibits a motor carrier of property from contracting or subcontracting with, or otherwise engaging the services of, another motor carrier of property, until the contracted motor carrier of property provides certification of compliance with safety inspection, certificate, permit, and financial responsibility requirements. A violation of these provisions is a crime.

This bill would additionally prohibit a motor carrier of property or broker of construction trucking services from allowing a vehicle to be retrieved from or delivered to its premises by a motor carrier of property, until the contracted motor carrier of property provides the above-described certification of compliance. By expanding the scope of a crime, this bill would impose a state-mandated local program.

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 34620 of the Vehicle Code is amended
to read:

34620.  

(a) Except as provided in subdivision (b) and Section
34622, a motor carrier of property shall not operate a commercial
motor vehicle on any public highway in this state, unless it has
complied with Section 34507.5 and has registered with the
department its carrier identification number authorized or assigned
thereunder, and holds a valid motor carrier permit issued to that
motor carrier by the department. The department shall issue a
motor carrier permit upon the carrier’s written request, compliance
with Sections 34507.5, 34630, and 34640, and subdivisions (e)
and (h) of Section 34501.12 for motor carriers listed in that section,
and the payment of the fee required by this chapter.

(b) A person shall not contract with, or otherwise engage the
services of, a motor carrier of property, unless that motor carrier
holds a valid motor carrier of property permit issued by the
department. A motor carrier of property or broker of construction
trucking services, as defined in Section 3322 of the Civil Code,
shall not contract or subcontract with, begin insert or allow a vehicle to be
retrieved from or delivered to its premises by, end insert or otherwise engage
the services of, a motor carrier of property, until the contracted
motor carrier of property provides certification in the manner
prescribed by this section, of compliance with subdivision (a).
This certification shall be completed by the contracted motor carrier
of property and shall include a provision requiring the contracted
motor carrier of property to immediately notify the person to whom
they are contracted if the contracted motor carrier of property’s
permit is suspended or revoked. A copy of the contracted motor
carrier of property’s permit shall accompany the required
certificate. The Department of the California Highway Patrol shall,
by regulation, prescribe the format for the certificate and may make
available an optional specific form for that purpose. The certificate,
or a copy thereof, shall be maintained by each involved party for
the duration of the contract or period of service plus two years,
and shall be presented for inspection at the location designated by
each carrier under Section 34501.10, immediately upon the request
of an authorized employee of the Department of the California
Highway Patrol.

SEC. 2.  

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.