Amended in Senate June 30, 2016

Amended in Assembly April 29, 2015

Amended in Assembly April 23, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 995


Introduced by Assembly Member Bigelow

February 26, 2015


An act to amendbegin delete Section 36101end deletebegin insert Sections 34501.12, 34622, and 36305end insert of, and to addbegin insert and repealend insert Sectionbegin delete 36013 to,end deletebegin insert 36103 oend insertbegin insertf,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.begin insert Existing law exempts a person driving or operating an implement of husbandry over a highway from obtaining a driver’s license, except under specified circumstances.end insert

begin delete

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.

end delete
begin insert

This bill would, until January 1, 2020, establish a pilot program in the county of Fresno to evaluate an exemption from vehicle registration for specified farm vehicles. The bill would require applicants to meet specified requirements before participating in the pilot program. The bill would require the Department of Motor Vehicles and the Department of the California Highway Patrol to submit a report to the Legislature on or before July 1, 2018, regarding the pilot program. The bill would require vehicles participating in the program to remain subject to specified fees and requirements. The bill would prohibit a person from operating a vehicle pursuant to the pilot program unless the person has in his or her possession a valid driver’s license for the applicable vehicle type. A violation of these provisions would be punishable as an infraction.

end insert

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:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 34501.12 of the end insertbegin insertVehicle Codeend insertbegin insert is amended
2to read:end insert

3

34501.12.  

(a) Vehicles and the operation thereof, subject to
4this section, are those described in subdivision (a), (b), (e), (f), (g),
5(j), or (k) of Section 34500.

6(b) It is unlawful for a motor carrier to operate any vehicle of
7a type described in subdivision (a) without identifying to the
8department all terminals, as defined in Section 34515, in this state
9where vehicles may be inspected by the department pursuant to
10paragraph (4) of subdivision (a) of Section 34501 and where
11vehicle inspection and maintenance records and driver records will
12be made available for inspection. Motor carriers shall make
13vehicles and records available for inspection upon request by an
14authorized representative of the department. If a motor carrier fails
P3    1to provide vehicles and records, an unsatisfactory terminal rating
2shall be issued by the department.

3(1) The number of vehicles that will be selected for inspection
4by the department at a terminal shall be based on terminal fleet
5size and applied separately to a terminal fleet of power units and
6trailers, according to the following schedule:


7

 

Fleet Size

Representative
Sample

 1 or 2

All

 3 to 8

  3

 9 to 15

  4

16 to 25

  6

26 to 50

  9

51 to 90

 14

91 or more

 20

P3   17

 

18(2) The lessor of any vehicle described in subdivision (a) shall
19make vehicles available for inspection upon request of an
20authorized representative of the department in the course of
21inspecting the terminal of the lessee. This section does not affect
22whether the lessor or driver provided by the lessor is an employee
23of the authorized carrier lessee, and compliance with this section
24and its attendant administrative requirements does not imply an
25employee-employer relationship.

26(c) (1) The department may inspect any terminal, as defined in
27Section 34515, of a motor carrier who, at any time, operates any
28vehicle described in subdivision (a).

29(2) The department shall adopt rules and regulations establishing
30a performance-based truck terminal inspection selection priority
31system. In adopting the system’s rules and regulations, the
32department shall incorporate methodologies consistent with those
33used by the Federal Motor Carrier Safety Administration, including
34those related to the quantitative analysis of safety-related motor
35carrier performance data, collected during the course of inspection
36or enforcement contact by authorized representatives of the
37department or any authorized federal, state, or local safety official,
38in categories, including, but not limited to, driver fatigue, driver
39fitness, vehicle maintenance, and controlled substances and alcohol
40use. The department shall also incorporate other safety-related
P4    1motor carrier performance data in this system, including citations
2and accident information. The department shall create a database
3to include all performance-based data specified in this section that
4shall be updated in a manner to provide real-time information to
5the department on motor carrier performance. The department
6shall prioritize for selection those motor carrier terminals never
7previously inspected by the department, those identified by the
8inspection priority selection system, and those terminals operating
9vehicles listed in subdivision (g) of Section 34500. The department
10is not required to inspect a terminal subject to inspection pursuant
11to this section more often than once every six years, if a terminal
12receives a satisfactory compliance rating as the result of a terminal
13inspection conducted by the department pursuant to this section
14or Section 34501, or if the department has not received notification
15by the system of a motor carrier operating while exceeding the
16threshold of the inspection selection priority system. Any motor
17carrier that is inspected and receives less than a satisfactory
18compliance rating, or that falls below the threshold of the selection
19priority system, shall be subject to periodic inquiries and
20inspections as outlined in subdivision (f), and these inquiries and
21inspections shall be based on the severity of the violations.

22(3) As used in this section and Section 34505.6, subdivision (f)
23of Section 34500 includes only those combinations where the gross
24vehicle weight rating of the towing vehicle exceeds 10,000 pounds,
25but does not include a pickup truck or any combination never
26operated in commercial use, and subdivision (g) of Section 34500
27includes only those vehicles transporting hazardous material for
28which the display of placards is required pursuant to Section 27903,
29a license is required pursuant to Section 32000.5, or for which
30hazardous waste transporter registration is required pursuant to
31Section 25163 of the Health and Safety Code. Notwithstanding
32Section 5014.1, vehicles that display special identification plates
33in accordance with Section 5011, historical vehicles, as described
34in Section 5004, implements of husbandry and farm vehicles, as
35defined in Chapter 1 (commencing with Section 36000) of Division
36begin delete 16,end deletebegin insert 16 with the exception of vehicles operating in the pilot program
37established pursuant to Section 36103,end insert
and vehicles owned or
38operated by an agency of the federal government are not subject
39to this section or Section 34505.6.

P5    1(d) It is unlawful for a motor carrier to operate, or cause to be
2operated, any vehicle which is subject to this section, Section
334520, or Division 14.85 (commencing with Section 34600), unless
4the motor carrier is knowledgeable of, and in compliance with, all
5applicable statutes and regulations.

6(e) It is unlawful for a motor carrier to contract or subcontract
7with, or otherwise engage the services of, another motor carrier,
8subject to this section, unless the contracted motor carrier has
9complied with subdivision (d). A motor carrier shall not contract
10or subcontract with, or otherwise engage the services of, another
11motor carrier until the contracted motor carrier provides
12certification of compliance with subdivision (d). This certification
13shall be completed in writing by the contracted motor carrier in a
14manner prescribed by the department. The certification, or a copy
15of the certification, shall be maintained by each involved party for
16the duration of the contract or the period of service plus two years,
17and shall be presented for inspection immediately upon the request
18of an authorized employee of the department. The certifications
19required by this subdivision and subdivision (b) of 34620 may be
20combined.

21(f) (1) An inspected terminal that receives an unsatisfactory
22compliance rating shall be reinspected by the department within
23120 days after the issuance of the unsatisfactory compliance rating.

24(2) When a motor carrier’s Motor Carrier of Property Permit or
25 Public Utilities Commission operating authority is suspended as
26a result of an unsatisfactory compliance rating, the department
27shall not conduct a reinspection for permit or authority
28reinstatement until requested to do so by the Department of Motor
29Vehicles or the Public Utilities Commission, as appropriate.

30(g) A motor carrier issued an unsatisfactory terminal rating may
31request a review of the rating within five business days of receipt
32of the notification of the rating. The department shall conduct and
33evaluate the review within 10 business days of the request.

34(h) The department shall publish performance-based inspection
35completion data and make the data available for public review.

36(i) This section shall be known, and may be cited, as the Basic
37Inspection of Terminals program or BIT program.

38(j) This section shall become operative on January 1, 2016.

39begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 34622 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to read:end insert

40

34622.  

This chapter does not apply to any of the following:

P6    1(a) Vehicles described in Section 5004 or 5011, and those that
2are exempt from vehicle registrationbegin delete fees.end deletebegin insert fees with the exception
3of vehicles operating in the pilot program established pursuant to
4Section 36103.end insert

5(b) A household goods carrier transporting used office, store,
6and institution furniture and fixtures under its household goods
7carrier permit pursuant to Section 5137 of the Public Utilities Code.

8begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 36103 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to read:end insert

begin insert
9

begin insert36103.end insert  

(a) Notwithstanding any other law, the Department of
10the California Highway Patrol and the Department of Motor
11Vehicles shall establish a pilot program in the County of Fresno
12to evaluate exemption from vehicle registration for a motor vehicle
13designed and used exclusively for carrying, or returning from
14carrying, agricultural or farming products, and used on a highway
15between one part of a farm to another part of that farm, or from
16one farm to another farm, for a distance of no more than 20 air
17miles. The following requirements shall be met before participation
18is allowed in the pilot program:

19
(1) Operation on the highway is only incidental to a farming
20operation and not for hire or compensation.

21
(2) The vehicle displays a special identification plate issued
22pursuant to Section 5014.

23
(3) The applicant obtains a carrier identification number issued
24by the Department of the California Highway Patrol, pursuant to
25Section 34507.5.

26
(4) The applicant obtains a motor carrier permit issued pursuant
27to Section 34620 or 34621.

28
(5) The applicant agrees to conduct periodic inspections,
29pursuant to Section 34505.5, of vehicles participating in the pilot
30program.

31
(6) The employer of the driver enrolls in the Department of
32Motor Vehicles pull-notice system for the purpose of providing
33the employer with a report showing the driver’s current public
34record as recorded by the department and any subsequent
35 conviction, failure to appear, accident, driver’s license suspension,
36driver’s license revocation, or any other action taken against the
37driving privilege if the vehicle requires a class A, class B, or class
38C license with a hazardous materials or any other applicable
39endorsement required by Section 15278. An owner or family
P7    1member who drives the vehicle shall be enrolled as if he or she
2were an employee.

3
(b) On or before July 1, 2018, the Department of the California
4Highway Patrol and the Department of Motor Vehicles shall report
5to the Legislature on the status and effectiveness of the pilot
6program, including, but not limited to, a description of the number
7of vehicles enrolled, an evaluation of the loss of registration
8funding attributable to the program, and a description of collisions
9involving vehicles enrolled, enforcement issues, and safety issues.
10A report submitted pursuant to this subdivision shall be submitted
11pursuant to Section 9795 of the Government Code.

12
(c) This section shall remain in effect only until January 1, 2020,
13and as of that date is repealed, unless a later enacted statute, that
14is enacted before January 1, 2020, deletes or extends that date.

end insert
15begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 36305 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to read:end insert

16

36305.  

begin insert(a)end insertbegin insertend insertThe driver of any implement of husbandry shall
17possess a valid class C driver’s license when operating a
18combination of vehicles at a speed in excess of 25 miles per hour
19or towing any implement of husbandry as specified in subdivision
20(d), (e), or (j) of Section 36005.

begin insert

21
(b) Notwithstanding Section 36300, a person shall not operate
22a vehicle pursuant to the pilot program established in Section
2336103 unless the person has in his or her possession a valid
24driver’s license for the applicable vehicle type.

end insert
25begin insert

begin insertSEC. 5.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
26Section 6 of Article XIII B of the California Constitution because
27the only costs that may be incurred by a local agency or school
28district will be incurred because this act creates a new crime or
29infraction, eliminates a crime or infraction, or changes the penalty
30for a crime or infraction, within the meaning of Section 17556 of
31the Government Code, or changes the definition of a crime within
32the meaning of Section 6 of Article XIII B of the California
33Constitution.

end insert
begin delete
34

SECTION 1.  

Section 36013 is added to the Vehicle Code, to
35read:

36

36013.  

An “Onion Hauling Truck” is a specialized motor truck
37equipped with a loading conveyor belt that is designed and used
38exclusively to transport field manufactured onions to an onion
39processing facility or onion packing shed and that travels on a
P8    1highway for a distance not to exceed 20 miles from the point of
2origin of the trip.

3

SEC. 2.  

Section 36101 of the Vehicle Code is amended to read:

4

36101.  

The following farm vehicles are exempt from
5registration, if they have and display an identification plate as
6specified in Section 5014. These vehicles also shall not be deemed
7to be implements of husbandry, and they shall be subject to all
8equipment and device requirements as if registered:

9(a) A motor vehicle of a size so as to require a permit under
10Section 35780, owned and operated by a farmer, designed and
11used exclusively for carrying, or returning empty from carrying,
12feed and seed products of farming, and used on a highway between
13one part of a farm to another part of that farm or from one farm to
14another farm.

15(b) A vehicle equipped with a water tank owned by a farmer
16and used exclusively to service his or her own implements of
17husbandry.

18(c) A water tank truck that is owned by a farmer, not operated
19for compensation, and used extensively in the conduct of
20agricultural operations, when used exclusively (1) for sprinkling
21water on dirt roads providing access to agricultural fields or (2)
22transportation of water for irrigation of crops or trees.

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

24(2) In order to maintain the exemption from registration granted
25under this subdivision for a truck tractor, when combined with a
26semitrailer, the owner of that truck tractor shall not operate it during
27the exemption period in any manner other than as a cotton module
28mover, as defined in Section 36012, and shall do all of the
29following:

30(A) Register the vehicle with the department before operating
31it as a commercial motor vehicle.

32(B) Apply to the department on a yearly basis for any renewal
33of the exemption from registration.

34(3) Exemption from registration under this subdivision does not
35exempt a truck tractor, when combined with a semitrailer, operating
36as a cotton module mover pursuant to Section 36012 and this
37subdivision from the applicable safety requirements of this code
38or any regulation adopted pursuant to any statute, including, but
39not limited to, equipment standards, driver licensing requirements,
40maximum driving and on-duty hours provisions, log book
P9    1requirements, drug and alcohol testing, maintenance of vehicles,
2and any driver or vehicle standards specified in Division 14.8
3(commencing with Section 34500).

4(4) Truck tractors exempt from registration under this
5subdivision are subject to the fees imposed under Sections 9250,
69250.8, and 9250.13, and to any other vehicle fees that are imposed
7by statute on or after January 1, 1998, that are deposited in the
8Motor Vehicle Account.

9(e) A trailer that is equipped with a plenum chamber for the
10drying of agricultural commodities.

11(f) Except as provided in subdivision (j) of Section 36005, a
12trap wagon, as defined in Section 36016, that is equipped with a
13fuel tank or tanks. The fuel tank or tanks shall not exceed 3,000
14gallons total capacity.

15(g) A forklift truck, operated by a farmer not for compensation.
16For purposes of this section, a hay-squeeze shall be deemed a
17forklift.

18(h) (1) A truck tractor or truck tractor and semitrailer
19combination specified in this subdivision that is owned by a farmer
20and operated on the highways only incidental to a farming
21operation and not for compensation. This subdivision applies only
22to truck tractors with a manufacturer’s gross vehicle weight rating
23over 10,000 pounds that are equipped with all-wheel drive and
24off-highway traction tires on all wheels, and only to semitrailers
25used in combination with that truck tractor and exclusively in the
26production or harvesting of melons. The vehicles specified in this
27subdivision shall not be operated in excess of 25 miles per hour
28on the highways.

29 (2) The Commissioner of the California Highway Patrol may,
30by regulation, prohibit the vehicles specified in this subdivision
31from operating on specific routes. These vehicles shall not be
32operated laden on the highway for more than two miles from the
33point of origin and shall not be operated for more than 30 miles
34unladen on the highway from the point of origin. These vehicles
35shall not be operated for more than 15 miles unladen on the
36highway from the point of origin, unless accompanied by an escort
37vehicle to the front, and an escort vehicle to the rear.

38(i) (1) A motor vehicle specifically designed for, and used
39exclusively in, an agricultural operation for purposes of carrying,
40or returning empty from carrying, silage that is operated by a
P10   1farmer, an employee of the farmer, or a contracted employee of
2the farmer between one part of a farm to another part of that farm
3or from one farm to another farm, on a highway for a distance not
4to exceed 20 miles from the point of origin of the trip. This
5subdivision does not include a vehicle that is used for the
6transportation of silage for retail sales.

7(2) For the purposes of this subdivision, “silage” includes field
8corn, sorghum, grass, legumes, cereals, or cereal mixes, either
9green or mature, converted into feed for livestock.

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

11(2) In order to maintain the exemption from registration granted
12under this subdivision for a motor truck, when combined with a
13semitrailer, the owner of that onion hauling truck shall not operate
14the vehicle during the exemption period in any manner other than
15as an onion hauling truck, and shall do all of the following:

16(A) Register the vehicle with the department before operating
17it as a commercial motor vehicle.

18(B) Apply to the department as required pursuant to Section
195014 for any renewal of the exemption from registration.

20(3) Exemption from registration under this subdivision does not
21exempt a motor truck semitrailer that is equipped with a loading
22conveyer belt, operating as an onion hauling truck pursuant to
23Section 36013 and this subdivision from the safety requirements
24of this code or any regulation adopted pursuant to any statute,
25including, but not limited to, equipment standards, driver licensing
26requirements, maximum driving and on-duty hours provisions, log
27book requirements, drug and alcohol testing, maintenance of
28vehicles, and any driver or vehicle standards specified in Division
2914.8 (commencing with Section 34500).

30(4) A person shall not operate an onion hauling truck unless the
31person has in his or her possession a valid Class A driver’s license.
32A violation of this paragraph shall be punishable as an infraction.

33

SEC. 3.  

No reimbursement is required by this act pursuant to
34Section 6 of Article XIII B of the California Constitution because
35the only costs that may be incurred by a local agency or school
36district will be incurred because this act creates a new crime or
37infraction, eliminates a crime or infraction, or changes the penalty
38for a crime or infraction, within the meaning of Section 17556 of
39the Government Code, or changes the definition of a crime within
P11   1the meaning of Section 6 of Article XIII B of the California
2Constitution.

end delete


O

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