Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 995

Introduced by Assembly Member Bigelow

February 26, 2015

An act to amend Section 36101 begin delete of end delete begin insert of, and add Section 36013 to, end insert the Vehicle Code, relating to farm vehicles.

LEGISLATIVE COUNSEL’S DIGEST

AB 995, as amended, Bigelow. Farm vehicles: registration exemptions.

Existing law exempts specified farm vehicles from registration with the Department of Motor Vehicles if the vehicles have, and display, an identification plate, including a cotton module mover and a vehicle equipped with a water tank that is owned by a farmer and used exclusively to service his or her own implements of husbandry.

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This bill would make technical, nonsubstantive changes to these provisions.

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This bill would add onion hauling trucks to the list of farm vehicles exempt from registration, if the vehicles have and display an identification plate. The bill would define onion hauling trucks for these purposes. The bill would also require that anyone operating an onion hauling truck have in his or her possession a valid Class A license. A violation of these provisions would be punishable as an infraction.

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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.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 36013 is added to the end insert begin insert Vehicle Code end insert begin insert , to
read: end insert

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begin insert 36013. end insert   

An “Onion Hauling Truck” is a motor truck semitrailer
that is equipped with a loading conveyor belt and is designed and
used exclusively to transport field manufactured onions to an onion
processing facility or onion packing shed.

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begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

Section 36101 of the Vehicle Code is amended to read:

36101.  

The following farm vehicles are exempt from
registration, if they have and display an identification plate as
specified in Section 5014. These vehicles also shall not be deemed
to be implements of husbandry, and they shall be subject to all
equipment and device requirements as if registered:

(a) A motor vehicle of a size so as to require a permit under
Section 35780, owned and operated by a farmer, designed and
used exclusively for carrying, or returning empty from carrying,
feed and seed products of farming, and used on a highway between
one part of a farm to another part of that farm or from one farm to
another farm.

(b) A vehicle equipped with a water tank owned by a farmer
and used exclusively to service his or her own implements of
husbandry.

(c) A water tank truck that is owned by a farmer, not operated
for compensation, and used extensively in the conduct of
agricultural operations, when used exclusively (1) for sprinkling
water on dirt roads providing access to agricultural fields or (2)
transportation of water for irrigation of crops or trees.

(d) (1) A cotton module mover, as defined in Section 36012.

(2) In order to maintain the exemption from registration granted
under this subdivision for a truck tractor, when combined with a
semitrailer, the owner of that truck tractor shall not operate it during
the exemption period in any manner other than as a cotton module
mover, as defined in Section 36012, and shall do all of the
following:

(A) Register the vehicle with the department before operating
it as a commercial motor vehicle.

(B) Apply to the department on a yearly basis for any renewal
of the exemption from registration.

(3) Exemption from registration under this subdivision does not
exempt a truck tractor, when combined with a semitrailer, operating
as a cotton module mover pursuant to Section 36012 and this
subdivision from the applicable safety requirements of this code
or any regulation adopted pursuant to any statute, including, but
not limited to, equipment standards, driver licensing requirements,
maximum driving and on-duty hours provisions, log book
requirements, drug and alcohol testing, maintenance of vehicles,
and any driver or vehicle standards specified in Division 14.8
(commencing with Section 34500).

(4) Truck tractors exempt from registration under this
subdivision are subject to the fees imposed under Sections 9250,
9250.8, and 9250.13, and to any other vehicle fees that are imposed
by statute on or after January 1, 1998, that are deposited in the
Motor Vehicle Account.

(e) A trailer that is equipped with a plenum chamber for the
drying of agricultural commodities.

(f) Except as provided in subdivision (j) of Section 36005, a
trap wagon, as defined in Section 36016, that is equipped with a
fuel tank or tanks. The fuel tank or tanks shall not exceed 3,000
gallons total capacity.

(g) A forklift truck, operated by a farmer not for compensation.
For purposes of this section, a hay-squeeze shall be deemed a
forklift.

(h) (1) A truck tractor or truck tractor and semitrailer
combination specified in this subdivision that is owned by a farmer
and operated on the highways only incidental to a farming
operation and not for compensation. This subdivision applies only
to truck tractors with a manufacturer’s gross vehicle weight rating
over 10,000 pounds that are equipped with all-wheel drive and
off-highway traction tires on all wheels, and only to semitrailers
used in combination with that truck tractor and exclusively in the
production or harvesting of melons. The vehicles specified in this
subdivision shall not be operated in excess of 25 miles per hour
on the highways.

(2) The Commissioner of the California Highway Patrol may,
by regulation, prohibit the vehicles specified in this subdivision
from operating on specific routes. These vehicles shall not be
operated laden on the highway for more than two miles from the
point of origin and shall not be operated for more than 30 miles
unladen on the highway from the point of origin. These vehicles
shall not be operated for more than 15 miles unladen on the
highway from the point of origin, unless accompanied by an escort
vehicle to the front, and an escort vehicle to the rear.

(i) (1) A motor vehicle specifically designed for, and used
exclusively in, an agricultural operation for purposes of carrying,
or returning empty from carrying, silage that is operated by a
farmer, an employee of the farmer, or a contracted employee of
the farmer between one part of a farm to another part of that farm
or from one farm to another farm, on a highway for a distance not
to exceed 20 miles from the point of origin of the trip. This
subdivision does not include a vehicle that is used for the
transportation of silage for retail sales.

(2) For the purposes of this subdivision, “silage” includes field
corn, sorghum, grass, legumes, cereals, or cereal mixes, either
green or mature, converted into feed for livestock.

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(j) (1) An onion hauling truck, as defined in Section 36013.

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(2) In order to maintain the exemption from registration granted
under this subdivision for a motor truck, when combined with a
semitrailer, the owner of that onion hauling truck shall not operate
the vehicle during the exemption period in any manner other than
as an onion hauling truck, and shall do all of the following:

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(A) Register the vehicle with the department before operating
it as a commercial motor vehicle.

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(B) Apply to the department as required pursuant to Section
5014 for any renewal of the exemption from registration.

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(3) Exemption from registration under this subdivision does not
exempt a motor truck semitrailer that is equipped with a loading
conveyer belt, operating as an onion hauling truck pursuant to
Section 36013 and this subdivision from the applicable safety
requirements of this code or any regulation adopted pursuant to
any statute, including, but not limited to, equipment standards,
driver licensing requirements, maximum driving and on-duty hours
provisions, log book requirements, drug and alcohol testing,
maintenance of vehicles, and any driver or vehicle standards
specified in Division 14.8 (commencing with Section 34500).

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(4) A person shall not operate an onion hauling truck unless
the person has in his or her possession a valid Class A driver’s
license. A violation of this paragraph shall be punishable as an
infraction.

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begin insert SEC. 3. end insert   

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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.

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