AB 306, as amended, Lowenthal. Vehicles: motor carrier.
begin insertExisting law prohibits a motor carrier of property from operating a commercial motor vehicle on any public highway unless the carrier holds a valid motor carrier permit, as specified. Existing law also prohibits a person from contracting with, or otherwise engaging the services of, a motor carrier of property unless that motor carrier holds a valid motor carrier permit. A violation of these provisions is a crime.
end insertbegin insertThis bill would additionally prohibit the retrieval of a vehicle by, or the release of a vehicle to, a motor carrier of property using a tow truck, as defined, until the retrieving motor carrier provides a copy of its motor carrier permit to the releasing motor carrier. The bill would also require the motor carrier releasing the vehicle to maintain a copy of the motor carrier permit for a period of 2 years, as specified. The bill would exempt from these provisions a person licensed under the Collateral Recovery Act. By expanding the scope of a crime, this bill would impose a state-mandated local program.
end insertbegin insertThe 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.
end insertbegin insertThis bill would provide that no reimbursement is required by this act for a specified reason.
end insertExisting 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.
end deleteThis 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, except as provided. By expanding the scope of a crime, this bill would impose a state-mandated local program.
end deleteThe 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.
end deleteThis bill would provide that no reimbursement is required by this act for a specified reason.
end deleteVote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
begin insertSection 34620 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to
2read:end insert
(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)
P3 1and (h) of Section 34501.12 for motor carriers listed in that section,
2and the payment of the fee required by this chapter.
3(b) A person shall not contract with, or otherwise engage the
4services of, a
motor carrier of property, unless that motor carrier
5holds a valid motor carrier of property permit issued by the
6department. A motor carrier of property or broker of construction
7trucking services, as defined in Section 3322 of the Civil Code,
8shall not contract or subcontract with, or otherwise engage the
9services of, a motor carrier of property, until the contracted motor
10carrier of property provides certification in the manner prescribed
11by this section, of compliance with subdivision (a). This
12certification shall be completed by the contracted motor carrier of
13property and shall include a provision requiring the contracted
14motor carrier of property to immediately notify the person to whom
15they are contracted if the contracted motor carrier of property’s
16permit is suspended or revoked. A copy of the contracted motor
17carrier of property’s permit shall accompany the required
18certificate. The Department of the California Highway Patrol shall,
19by regulation, prescribe the format for the certificate and may
make
20available an optional specific form for that purpose. The certificate,
21or a copy thereof, shall be maintained by each involved party for
22the duration of the contract or period of service plus two years,
23and shall be presented for inspection at the location designated by
24each carrier under Section 34501.10, immediately upon the request
25of an authorized employee of the Department of the California
26Highway Patrol.
27(c) (1) A motor carrier of property shall not retrieve a vehicle
28through the use of a tow truck, as defined in subdivision (a) of
29Section 615, from the premises of another motor carrier of property
30until the retrieving motor carrier provides a copy of its motor
31carrier permit to the releasing motor carrier.
32(2) A motor carrier of property shall not release a vehicle to
33another motor carrier of property utilizing a tow truck, as defined
34in subdivision (a) of Section 615, until the releasing motor carrier
35obtains a copy of the motor carrier permit from the retrieving
36motor carrier. The motor carrier releasing the vehicle shall
37maintain a copy of the motor carrier permit for a period of two
38years after the transaction, and, upon the request of an authorized
39employee of the Department of the California Highway Patrol,
P4 1shall immediately present the permit for inspection at the location
2designated by the releasing motor carrier under Section 34501.10.
3(3) This subdivision does not
apply to a person licensed pursuant
4to the Collateral Recovery Act (Chapter 11 (commencing with
5Section 7500) of Division 3 of the Business and Professions Code).
No reimbursement is required by this act pursuant to
7Section 6 of Article XIII B of the California Constitution because
8the only costs that may be incurred by a local agency or school
9district will be incurred because this act creates a new crime or
10infraction, eliminates a crime or infraction, or changes the penalty
11for a crime or infraction, within the meaning of Section 17556 of
12the Government Code, or changes the definition of a crime within
13the meaning of Section 6 of Article XIII B of the California
14Constitution.
Section 34620 of the Vehicle Code is amended
16to read:
(a) Except as provided in subdivision (b) and Section
1834622, a motor carrier of property shall not operate a commercial
19motor vehicle on any public highway in this state, unless it has
20complied with Section 34507.5 and has registered with the
21department its carrier identification number authorized or assigned
22thereunder, and holds a valid motor carrier permit issued to that
23motor carrier by the department. The department shall issue a
24motor carrier permit upon the carrier’s written request, compliance
25with Sections 34507.5, 34630, and 34640, and subdivisions (e)
26and (h) of Section 34501.12 for motor carriers listed in that section,
27and the payment of the fee required by this chapter.
28(b) A person shall not contract with, or otherwise engage the
29services of, a motor carrier of property, unless that motor carrier
30holds a valid motor carrier of property permit issued by the
31department. Except as provided in subdivision (c), a motor carrier
32of property or broker of construction trucking services, as defined
33in Section 3322 of the Civil Code, shall not contract or subcontract
34with, or allow a vehicle to be retrieved from or delivered to its
35premises by, or otherwise engage the services of, a motor carrier
36of property, until the contracted motor carrier of property provides
37certification in the manner prescribed by this section, of compliance
38with subdivision (a). This certification shall be completed by the
39
contracted motor carrier of property and shall include a provision
40requiring the contracted motor carrier of property to immediately
P5 1notify the person to whom they are contracted if the contracted
2motor carrier of property’s permit is suspended or revoked. A copy
3of the contracted motor carrier of property’s permit shall
4accompany the required certificate. The Department of the
5California Highway Patrol shall, by regulation, prescribe the format
6for the certificate and may make available an optional specific
7form for that purpose. The certificate, or a copy thereof, shall be
8maintained by each involved party for the duration of the contract
9or period of service plus two years, and shall be presented for
10inspection at the location designated by each carrier under Section
1134501.10, immediately upon the request of an authorized employee
12of the Department of the California Highway Patrol.
13(c) A person licensed pursuant to the Collateral Recovery Act
14(Chapter 11 (commencing with Section 7500) of Division 3 of the
15Business and Professions Code) may deliver or retrieve a vehicle
16to or from the premises of a motor carrier of property without
17providing certification of compliance with subdivision (a).
No reimbursement is required by this act pursuant to
19Section 6 of Article XIII B of the California Constitution because
20the only costs that may be incurred by a local agency or school
21district will be incurred because this act creates a new crime or
22infraction, eliminates a crime or infraction, or changes the penalty
23for a crime or infraction, within the meaning of Section 17556 of
24the Government Code, or changes the definition of a crime within
25the meaning of Section 6 of Article XIII B of the California
26Constitution.
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