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.
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.
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 36013 is added to the Vehicle Code, to
An “Onion Hauling Truck” is a specialized motor truck
begin delete that isend delete equipped with a loading conveyor belt begin delete andend delete is designed
5and used exclusively to transport field manufactured onions to an
6onion processing facility or onion packing
begin delete shed.end delete
Section 36101 of the Vehicle Code is amended to read:
The following farm vehicles are exempt from
11registration, if they have and display an identification plate as
12specified in Section 5014. These vehicles also shall not be deemed
13to be implements of husbandry, and they shall be subject to all
14equipment and device requirements as if registered:
15(a) A motor vehicle of a size so as to require a permit under
16Section 35780, owned and operated by a farmer, designed and
17used exclusively for carrying, or returning empty from carrying,
18feed and seed products of farming, and used on a highway between
19one part of a farm to another part of that farm or from one farm to
21(b) A vehicle equipped with a water tank owned by a farmer
22and used exclusively to service his or her own implements of
24(c) A water tank truck that is owned by a farmer, not operated
25for compensation, and used extensively in the conduct of
26agricultural operations, when used exclusively (1) for sprinkling
27water on dirt roads providing access to agricultural fields or (2)
28transportation of water for irrigation of crops or trees.
29(d) (1) A cotton module mover, as defined in Section 36012.
30(2) In order to maintain the exemption from registration granted
31under this subdivision for a truck tractor, when combined with a
32semitrailer, the owner of that truck tractor shall not operate it during
33the exemption period in any manner other than as a cotton module
P3 1mover, as defined in Section 36012, and shall do all of the
3(A) Register the vehicle with the department before operating
4it as a commercial motor vehicle.
5(B) Apply to the department on a yearly basis for any renewal
6of the exemption from registration.
7(3) Exemption from registration under this subdivision does not
8exempt a truck tractor, when combined with a semitrailer, operating
9as a cotton module mover pursuant to Section 36012 and this
10subdivision from the applicable safety requirements of this code
11or any regulation adopted pursuant to any statute, including, but
12not limited to, equipment standards, driver licensing requirements,
13maximum driving and on-duty hours provisions, log book
14requirements, drug and alcohol testing, maintenance of vehicles,
15and any driver or vehicle standards specified in Division 14.8
16(commencing with Section 34500).
17(4) Truck tractors exempt from registration under this
18subdivision are subject to the fees imposed under Sections 9250,
199250.8, and 9250.13, and to any other vehicle fees that are imposed
20by statute on or after January 1, 1998, that are deposited in the
21Motor Vehicle Account.
22(e) A trailer that is equipped with a plenum chamber for the
23drying of agricultural commodities.
24(f) Except as provided in subdivision (j) of Section 36005, a
25trap wagon, as defined in Section 36016, that is equipped with a
26fuel tank or tanks. The fuel tank or tanks shall not exceed 3,000
27gallons total capacity.
28(g) A forklift truck, operated by a farmer not for compensation.
29For purposes of this section, a hay-squeeze shall be deemed a
31(h) (1) A truck tractor or truck tractor and semitrailer
32combination specified in this subdivision that is owned by a farmer
33and operated on the highways only incidental to a farming
34operation and not for compensation. This subdivision applies only
35to truck tractors with a manufacturer’s gross vehicle weight rating
36over 10,000 pounds that are equipped with all-wheel drive and
37off-highway traction tires on all wheels, and only to semitrailers
38used in combination with that truck tractor and exclusively in the
39production or harvesting of melons. The vehicles specified in this
P4 1subdivision shall not be operated in excess of 25 miles per hour
2on the highways.
3 (2) The Commissioner of the California Highway Patrol may,
4by regulation, prohibit the vehicles specified in this subdivision
5from operating on specific routes. These vehicles shall not be
6operated laden on the highway for more than two miles from the
7point of origin and shall not be operated for more than 30 miles
8unladen on the highway from the point of origin. These vehicles
9shall not be operated for more than 15 miles unladen on the
10highway from the point of origin, unless accompanied by an escort
11vehicle to the front, and an escort vehicle to the rear.
12(i) (1) A motor vehicle specifically designed for, and used
13exclusively in, an agricultural operation for purposes of carrying,
14or returning empty from carrying, silage that is operated by a
15farmer, an employee of the farmer, or a contracted employee of
16the farmer between one part of a farm to another part of that farm
17or from one farm to another farm, on a highway for a distance not
18to exceed 20 miles from the point of origin of the trip. This
19subdivision does not include a vehicle that is used for the
20transportation of silage for retail sales.
21(2) For the purposes of this subdivision, “silage” includes field
22corn, sorghum, grass, legumes, cereals, or cereal mixes, either
23green or mature, converted into feed for livestock.
24(j) (1) An onion hauling truck, as defined in Section 36013.
order to maintain the exemption from registration granted
26under this subdivision for a motor truck, when combined with a
27semitrailer, the owner of that onion hauling truck shall not operate
28the vehicle during the exemption period in any manner other than
29as an onion hauling truck, and shall do all of the following:
30(A) Register the vehicle with the department before operating
31it as a commercial motor vehicle.
32(B) Apply to the department as required pursuant to Section
335014 for any renewal of the exemption from registration.
34(3) Exemption from registration under this subdivision does not
35exempt a motor truck semitrailer that is equipped with a loading
36conveyer belt, operating as an onion hauling truck pursuant to
37Section 36013 and this subdivision from the safety requirements
38of this code or any regulation adopted pursuant to any statute,
39including, but not limited to, equipment standards, driver licensing
40requirements, maximum driving and on-duty hours provisions, log
P5 1book requirements, drug and alcohol testing, maintenance of
2vehicles, and any driver or vehicle standards specified in Division
314.8 (commencing with Section 34500).
4(4) A person shall not operate an onion hauling truck unless the
5person has in his or her possession a valid Class A driver’s license.
6A violation of this paragraph shall be punishable as an infraction.
No reimbursement is required by this act pursuant to
8Section 6 of Article XIII B of the California Constitution because
9the only costs that may be incurred by a local agency or school
10district will be incurred because this act creates a new crime or
11infraction, eliminates a crime or infraction, or changes the penalty
12for a crime or infraction, within the meaning of Section 17556 of
13the Government Code, or changes the definition of a crime within
14the meaning of Section 6 of Article XIII B of the California