AB 306, as amended, 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 ofbegin delete property,end deletebegin insert
propertyend insert until the contracted motor carrier of property provides the above-described certification of compliancebegin insert, except as providedend insert. 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 34620 of the Vehicle Code is amended
2to read:
(a) Except as provided in subdivision (b) and Section
434622, a motor carrier of property shall not operate a commercial
5motor vehicle on any public highway in this state, unless it has
6complied with Section 34507.5 and has registered with the
7department its carrier identification number authorized or assigned
8thereunder, and holds a valid motor carrier permit issued to that
9motor carrier by the department. The department shall issue a
10motor carrier permit upon the carrier’s written request, compliance
11with Sections 34507.5, 34630, and 34640, and subdivisions (e)
12and (h) of Section 34501.12 for motor carriers listed in that section,
13and the payment of the fee required by this chapter.
14(b) A person shall not contract with, or otherwise engage the
15services of, a motor carrier of property, unless that motor carrier
16holds a valid motor carrier of property permit issued by the
17department.begin delete Aend deletebegin insert Except as provided in subdivision (c), aend insert motor
18carrier of property or broker of construction trucking services, as
19defined in Section 3322 of the Civil Code, shall not contract or
20subcontract with, or allow a vehicle to be retrieved from or
21delivered to its premises by, or otherwise engage the services of,
22a motor carrier of property, until the contracted motor carrier of
23property provides certification in the manner prescribed by this
24section, of compliance with subdivision (a). This certification shall
25be completed by the
contracted motor carrier of property and shall
26include a provision requiring the contracted motor carrier of
27property to immediately notify the person to whom they are
28contracted if the contracted motor carrier of property’s permit is
29suspended or revoked. A copy of the contracted motor carrier of
30property’s permit shall accompany the required certificate. The
31Department of the California Highway Patrol shall, by regulation,
32prescribe the format for the certificate and may make available an
33optional specific form for that purpose. The certificate, or a copy
P3 1thereof, shall be maintained by each involved party for the duration
2of the contract or period of service plus two years, and shall be
3presented for inspection at the location designated by each carrier
4under Section 34501.10, immediately upon the request of an
5authorized employee of the Department of the California Highway
6Patrol.
7(c) A person licensed pursuant to the Collateral Recovery Act
8(Chapter 11 (commencing with Section 7500) of Division 3 of the
9Business and Professions Code) may deliver or retrieve a vehicle
10to or from the premises of a motor carrier of property without
11providing certification of compliance with subdivision (a).
No reimbursement is required by this act pursuant to
13Section 6 of Article XIII B of the California Constitution because
14the only costs that may be incurred by a local agency or school
15district will be incurred because this act creates a new crime or
16infraction, eliminates a crime or infraction, or changes the penalty
17for a crime or infraction, within the meaning of Section 17556 of
18the Government Code, or changes the definition of a crime within
19the meaning of Section 6 of Article XIII B of the California
20Constitution.
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