BILL NUMBER: AB 2438	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Lowenthal

                        FEBRUARY 21, 2014

   An act to amend Section 34501 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2438, as introduced, Lowenthal. Commercial motor vehicles: safe
operation.
    Existing law requires the Department of the California Highway
Patrol to adopt reasonable rules and regulations that, in the
judgment of the department, are designed to promote the safe
operation of specified commercial vehicles, regarding, among other
things, inspection and maintenance of vehicles.
   This bill would make technical, nonsubstantive changes to these
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 34501 of the Vehicle Code is amended to read:
   34501.  (a) (1)  (A)    The department shall
adopt reasonable rules and regulations that, in the judgment of the
department, are designed to promote the safe operation of  the
 vehicles described in Section 34500, regarding, but not limited
to, controlled substances and alcohol testing of drivers by motor
carriers, hours of service of drivers, equipment, fuel containers,
fueling operations, inspection, maintenance, recordkeeping, accident
reports, and drawbridges. The rules and regulations shall not
 , however,  be applicable to schoolbuses, which
shall be subject to rules and regulations adopted pursuant to Section
34501.5. 
   The 
    (B)     The    rules and
regulations shall exempt local law enforcement agencies, within a
single county, engaged in the transportation of inmates or prisoners
when those agencies maintain other motor vehicle operations records
 which   that  furnish hours of service
information on drivers  which   who  are in
substantial compliance with the rules and regulations. This
exemption does not apply to  any   a  local
law enforcement agency engaged in the transportation of inmates or
prisoners outside the county in which the agency is located 
,  if that agency would otherwise be required, by existing
law, to maintain driving logs.
   (2) The department may adopt rules and regulations relating to
commercial vehicle safety inspection and out-of-service criteria. In
adopting the rules and regulations, the commissioner may consider the
commercial vehicle safety inspection and out-of-service criteria
adopted by organizations such as the Commercial Vehicle Safety
Alliance , other intergovernmental safety group, or the United States
Department of Transportation. The commissioner may provide
departmental representatives to that alliance or other organization
for the purpose of promoting the continued improvement and refinement
of compatible nationwide commercial vehicle safety inspection and
out-of-service criteria.
   (3) The commissioner shall appoint a committee of 15 members,
consisting of representatives of industry subject to the regulations
to be adopted pursuant to this section, to act in an advisory
capacity to the department, and the department shall cooperate and
confer with the advisory committee so appointed. The commissioner
shall appoint a separate committee to advise the department on rules
and regulations concerning wheelchair lifts for installation and use
on buses, consisting of persons who use the wheelchair lifts,
representatives of transit districts, representatives of designers or
manufacturers of wheelchairs and wheelchair lifts, and
representatives of the Department of Transportation.
   (4) The department may inspect any vehicles in maintenance
facilities or terminals, as well as any records relating to the
dispatch of vehicles or drivers  ,  and the pay of
drivers, to assure compliance with this code and regulations adopted
pursuant to this section.
   (b) The department, using the definitions adopted pursuant to
Section 2402.7, shall adopt regulations for the transportation of
hazardous materials in this state, except the transportation of
materials  which   that  are subject to
other provisions of this code, that the department determines are
reasonably necessary to ensure the safety of persons and property
using the highways. The regulations may include provisions governing
the filling, marking, packing, labeling, and assembly of, and
containers that may be used for, hazardous materials shipments, and
the manner by which the shipper attests that the shipments are
correctly identified and in proper condition for transport.
   (c) At least once every 13 months, the department shall inspect
every maintenance facility or terminal of any person who at any time
operates any bus. If the bus operation includes more than 100 buses,
the inspection shall be without prior notice.
   (d) The commissioner shall adopt and enforce regulations 
which   that  will make the public or private users
of any bus aware of the operator's last safety rating.
   (e) It is unlawful and constitutes a misdemeanor for  any
  a  person to operate any bus without the
inspection specified in subdivision (c) having been conducted.
   (f) The department may adopt regulations restricting or
prohibiting the movement of any vehicle from a maintenance facility
or terminal if the vehicle is found in violation of this code or
regulations adopted pursuant to this section.