BILL NUMBER: AB 306	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 29, 2013
	AMENDED IN SENATE  MAY 9, 2013

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 amended, Lowenthal. Vehicles: motor carrier. 
   Existing 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.  
   This 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.  
   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.  
   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, except as provided.
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, 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. 
   (c) (1) A motor carrier of property shall not retrieve a vehicle
through the use of a tow truck, as defined in subdivision (a) of
Section 615, from the premises of another motor carrier of property
until the retrieving motor carrier provides a copy of its motor
carrier permit to the releasing motor carrier.  
   (2) A motor carrier of property shall not release a vehicle to
another motor carrier of property utilizing a tow truck, as defined
in subdivision (a) of Section 615, until the releasing motor carrier
obtains a copy of the motor carrier permit from the retrieving motor
carrier. The motor carrier releasing the vehicle shall maintain a
copy of the motor carrier permit for a period of two years after the
transaction, and, upon the request of an authorized employee of the
Department of the California Highway Patrol, shall immediately
present the permit for inspection at the location designated by the
releasing motor carrier under Section 34501.10.  
   (3) This subdivision does not apply to a person licensed pursuant
to the Collateral Recovery Act (Chapter 11 (commencing with Section
7500) of Division 3 of the Business and Professions Code). 
   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.  
  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. Except as provided in subdivision (c), 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, or allow a vehicle to be retrieved from or delivered to its
premises by, 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.
   (c) A person licensed pursuant to the Collateral Recovery Act
(Chapter 11 (commencing with Section 7500) of Division 3 of the
Business and Professions Code) may deliver or retrieve a vehicle to
or from the premises of a motor carrier of property without providing
certification of compliance with subdivision (a).  

  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.