Amended in Senate August 16, 2016

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 amend Sections 34501.12, 34622, and 36305 of, and to add and repeal Section 36103 of, 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. 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.

This bill would, until January 1, 2020, establish a pilot program inbegin delete the county of Fresnoend deletebegin insert specified countiesend insert 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.

begin insert

This bill would incorporate additional changes to Section 34501.12 of the Vehicle Code proposed by AB 1960, that would become operative only if this bill and AB 1960 are both chaptered and become effective on or before January 1, 2017, and this bill is chaptered last.

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    1

SECTION 1.  

Section 34501.12 of the Vehicle Code is amended
2to read:

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
15to provide vehicles and records, an unsatisfactory terminal rating
16shall be issued by the department.

P3    1(1) The number of vehicles that will be selected for inspection
2by the department at a terminal shall be based on terminal fleet
3size and applied separately to a terminal fleet of power units and
4trailers, according to the following schedule:


5

 

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   15

 

16(2) The lessor of any vehicle described in subdivision (a) shall
17make vehicles available for inspection upon request of an
18authorized representative of the department in the course of
19inspecting the terminal of the lessee. This section does not affect
20whether the lessor or driver provided by the lessor is an employee
21of the authorized carrier lessee, and compliance with this section
22and its attendant administrative requirements does not imply an
23employee-employer relationship.

24(c) (1) The department may inspect any terminal, as defined in
25Section 34515, of a motor carrier who, at any time, operates any
26vehicle described in subdivision (a).

27(2) The department shall adopt rules and regulations establishing
28a performance-based truck terminal inspection selection priority
29system. In adopting the system’s rules and regulations, the
30department shall incorporate methodologies consistent with those
31used by the Federal Motor Carrier Safety Administration, including
32those related to the quantitative analysis of safety-related motor
33carrier performance data, collected during the course of inspection
34or enforcement contact by authorized representatives of the
35department or any authorized federal, state, or local safety official,
36in categories, including, but not limited to, driver fatigue, driver
37fitness, vehicle maintenance, and controlled substances and alcohol
38use. The department shall also incorporate other safety-related
39motor carrier performance data in this system, including citations
40and accident information. The department shall create a database
P4    1to include all performance-based data specified in this section that
2shall be updated in a manner to provide real-time information to
3the department on motor carrier performance. The department
4shall prioritize for selection those motor carrier terminals never
5previously inspected by the department, those identified by the
6inspection priority selection system, and those terminals operating
7vehicles listed in subdivision (g) of Section 34500. The department
8is not required to inspect a terminal subject to inspection pursuant
9to this section more often than once every six years, if a terminal
10receives a satisfactory compliance rating as the result of a terminal
11inspection conducted by the department pursuant to this section
12or Section 34501, or if the department has not received notification
13by the system of a motor carrier operating while exceeding the
14threshold of the inspection selection priority system. Any motor
15carrier that is inspected and receives less than a satisfactory
16compliance rating, or that falls below the threshold of the selection
17priority system, shall be subject to periodic inquiries and
18inspections as outlined in subdivision (f), and these inquiries and
19inspections shall be based on the severity of the violations.

20(3) As used in this section and Section 34505.6, subdivision (f)
21of Section 34500 includes only those combinations where the gross
22vehicle weight rating of the towing vehicle exceeds 10,000 pounds,
23but does not include a pickup truck or any combination never
24operated in commercial use, and subdivision (g) of Section 34500
25includes only those vehicles transporting hazardous material for
26which the display of placards is required pursuant to Section 27903,
27a license is required pursuant to Section 32000.5, or for which
28hazardous waste transporter registration is required pursuant to
29Section 25163 of the Health and Safety Code. Notwithstanding
30Section 5014.1, vehicles that display special identification plates
31in accordance with Section 5011, historical vehicles, as described
32in Section 5004, implements of husbandry and farm vehicles, as
33defined in Chapter 1 (commencing with Section 36000) of Division
34 16 with the exception of vehicles operating in the pilot program
35established pursuant to Section 36103, and vehicles owned or
36operated by an agency of the federal government are not subject
37to this section or Section 34505.6.

38(d) It is unlawful for a motor carrier to operate, or cause to be
39operated, any vehiclebegin delete whichend deletebegin insert thatend insert is subject to this section, Section
4034520, or Division 14.85 (commencing with Section 34600), unless
P5    1the motor carrier is knowledgeable of, and in compliance with, all
2applicable statutes and regulations.

3(e) It is unlawful for a motor carrier to contract or subcontract
4with, or otherwise engage the services of, another motor carrier,
5subject to this section, unless the contracted motor carrier has
6complied with subdivision (d). A motor carrier shall not contract
7or subcontract with, or otherwise engage the services of, another
8motor carrier until the contracted motor carrier provides
9certification of compliance with subdivision (d). This certification
10shall be completed in writing by the contracted motor carrier in a
11manner prescribed by the department. The certification, or a copy
12of the certification, shall be maintained by each involved party for
13the duration of the contract or the period of service plus two years,
14and shall be presented for inspection immediately upon the request
15of an authorized employee of the department. The certifications
16required by this subdivision and subdivision (b) of 34620 may be
17combined.

18(f) (1) An inspected terminal that receives an unsatisfactory
19compliance rating shall be reinspected by the department within
20120 days after the issuance of the unsatisfactory compliance rating.

21(2) begin deleteWhen end deletebegin insertIf end inserta motor carrier’s Motor Carrier of Property Permit
22or Public Utilities Commission operating authority is suspended
23as a result of an unsatisfactory compliance rating, the department
24shall not conduct a reinspection for permit or authority
25reinstatement until requested to do so by the Department of Motor
26Vehicles or the Public Utilities Commission, as appropriate.

27(g) A motor carrier issued an unsatisfactory terminal rating may
28request a review of the rating within five business days of receipt
29of the notification of the rating. The department shall conduct and
30evaluate the review within 10 business days of the request.

31(h) The department shall publish performance-based inspection
32completion data and make the data available for public review.

33(i) This section shall be known, and may be cited, as the Basic
34Inspection of Terminals program or BIT program.

begin delete

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

end delete
36begin insert

begin insertSEC. 1.5.end insert  

end insert

begin insertSection 34501.12 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to
37read:end insert

38

34501.12.  

(a) Vehicles and the operation thereof, subject to
39this section, are those described in subdivision (a), (b), (e), (f), (g),
P6    1(j), or (k) of Sectionbegin delete 34500.end deletebegin insert 34500, except an agricultural vehicle
2as defined in Section 34500.6.end insert

3(b) It is unlawful for a motor carrier to operate any vehicle of
4a type described in subdivision (a) without identifying to the
5department all terminals, as defined in Section 34515, in this state
6where vehicles may be inspected by the department pursuant to
7paragraph (4) of subdivision (a) of Section 34501 and where
8vehicle inspection and maintenance records and driver records will
9be made available for inspection. Motor carriers shall make
10vehicles and records available for inspection upon request by an
11authorized representative of the department. If a motor carrier fails
12to provide vehicles and records, an unsatisfactory terminal rating
13 shall be issued by the department.

14(1) The number of vehicles that will be selected for inspection
15by the department at a terminal shall be based on terminal fleet
16size and applied separately to a terminal fleet of power units and
17trailers, according to the following schedule:


18

 

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

P6   28

 

29(2) The lessor of any vehicle described in subdivision (a) shall
30make vehicles available for inspection upon request of an
31authorized representative of the department in the course of
32inspecting the terminal of the lessee. This section does not affect
33whether the lessor or driver provided by the lessor is an employee
34of the authorized carrier lessee, and compliance with this section
35and its attendant administrative requirements does not imply an
36employee-employer relationship.

37(c) (1) The department may inspect any terminal, as defined in
38Section 34515, of a motor carrier who, at any time, operates any
39vehicle described in subdivision (a).

P7    1(2) The department shall adopt rules and regulations establishing
2a performance-based truck terminal inspection selection priority
3system. In adopting the system’s rules and regulations, the
4department shall incorporate methodologies consistent with those
5used by the Federal Motor Carrier Safety Administration, including
6those related to the quantitative analysis of safety-related motor
7carrier performance data, collected during the course of inspection
8or enforcement contact by authorized representatives of the
9department or any authorized federal, state, or local safety official,
10in categories, including, but not limited to, driver fatigue, driver
11fitness, vehicle maintenance, and controlled substances and alcohol
12use. The department shall also incorporate other safety-related
13motor carrier performance data in this system, including citations
14and accident information. The department shall create a database
15to include all performance-based data specified in this section that
16shall be updated in a manner to provide real-time information to
17the department on motor carrier performance. The department
18shall prioritize for selection those motor carrier terminals never
19previously inspected by the department, those identified by the
20inspection priority selection system, and those terminals operating
21vehicles listed in subdivision (g) of Section 34500. The department
22is not required to inspect a terminal subject to inspection pursuant
23to this section more often than once every six years, if a terminal
24receives a satisfactory compliance rating as the result of a terminal
25inspection conducted by the department pursuant to this section
26or Section 34501, or if the department has not received notification
27by the system of a motor carrier operating while exceeding the
28threshold of the inspection selection priority system. Any motor
29carrier that is inspected and receives less than a satisfactory
30compliance rating, or that falls below the threshold of the selection
31priority system, shall be subject to periodic inquiries and
32inspections as outlined in subdivision (f), and these inquiries and
33inspections shall be based on the severity of the violations.

34(3) As used in this section and Section 34505.6, subdivision (f)
35of Section 34500 includes only those combinations where the gross
36vehicle weight rating of the towing vehicle exceeds 10,000 pounds,
37but does not include a pickup truck or any combination never
38operated in commercial use, and subdivision (g) of Section 34500
39includes only those vehicles transporting hazardous material for
40which the display of placards is required pursuant to Section 27903,
P8    1a license is required pursuant to Section 32000.5, or for which
2hazardous waste transporter registration is required pursuant to
3Section 25163 of the Health and Safety Code. Notwithstanding
4Section 5014.1, vehicles that display special identification plates
5in accordance with Section 5011, historical vehicles, as described
6in Section 5004, implements of husbandry and farm vehicles, as
7defined in Chapter 1 (commencing with Section 36000) of Division
8begin delete 16,end deletebegin insert 16 with the exception of vehicles operating in the pilot program
9established pursuant to Section 36103,end insert
and vehicles owned or
10operated by an agency of the federal government are not subject
11to this section or Section 34505.6.

12(d) It is unlawful for a motor carrier to operate, or cause to be
13operated, any vehiclebegin delete whichend deletebegin insert thatend insert is subject to this section, Section
1434520, or Division 14.85 (commencing with Section 34600), unless
15the motor carrier is knowledgeable of, and in compliance with, all
16applicable statutes and regulations.

17(e) It is unlawful for a motor carrier to contract or subcontract
18with, or otherwise engage the services of, another motor carrier,
19subject to this section, unless the contracted motor carrier has
20complied with subdivision (d). A motor carrier shall not contract
21or subcontract with, or otherwise engage the services of, another
22motor carrier until the contracted motor carrier provides
23certification of compliance with subdivision (d). This certification
24shall be completed in writing by the contracted motor carrier in a
25manner prescribed by the department. The certification, or a copy
26of the certification, shall be maintained by each involved party for
27the duration of the contract or the period of service plus two years,
28and shall be presented for inspection immediately upon the request
29of an authorized employee of the department. The certifications
30required by this subdivision and subdivision (b) of 34620 may be
31combined.

32(f) (1) An inspected terminal that receives an unsatisfactory
33compliance rating shall be reinspected by the department within
34 120 days after the issuance of the unsatisfactory compliance rating.

35(2) begin deleteWhen end deletebegin insertIf end inserta motor carrier’s Motor Carrier of Property Permit
36or Public Utilities Commission operating authority is suspended
37as a result of an unsatisfactory compliance rating, the department
38shall not conduct a reinspection for permit or authority
39reinstatement until requested to do so by the Department of Motor
40Vehicles or the Public Utilities Commission, as appropriate.

P9    1(g) A motor carrier issued an unsatisfactory terminal rating may
2request a review of the rating within five business days of receipt
3of the notification of the rating. The department shall conduct and
4evaluate the review within 10 business days of the request.

5(h) The department shall publish performance-based inspection
6completion data and make the data available for public review.

7(i) This section shall be known, and may be cited, as the Basic
8Inspection of Terminals program or BIT program.

begin delete

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

end delete
10

SEC. 2.  

Section 34622 of the Vehicle Code is amended to read:

11

34622.  

This chapter does not apply to any of the following:

12(a) Vehicles described in Section 5004 or 5011, and those that
13are exempt from vehicle registration fees with the exception of
14vehicles operating in the pilot program established pursuant to
15Section 36103.

16(b) A household goods carrier transporting used office, store,
17and institution furniture and fixtures under its household goods
18carrier permit pursuant to Section 5137 of the Public Utilities Code.

19

SEC. 3.  

Section 36103 is added to the Vehicle Code, to read:

20

36103.  

(a) Notwithstanding any other law, the Department of
21the California Highway Patrol and the Department of Motor
22Vehicles shall establish a pilot program in thebegin delete County of Fresnoend delete
23begin insert Counties of Fresno, Kings, and Maderaend insert to evaluate exemption
24from vehicle registration for a motor vehicle designed and used
25exclusively for carrying, or returning from carrying, agricultural
26or farming products, and used on a highway between one part of
27a farm to another part of that farm, or from one farm to another
28farm, for a distance of no more than 20 air miles. The following
29 requirements shall be met before participation is allowed in the
30pilot program:

31(1) Operation on the highway is only incidental to a farming
32operation and not forbegin delete hire or compensation.end deletebegin insert hire.end insert

33(2) The vehicle displays a special identification plate issued
34pursuant to Section 5014.

35(3) The applicant obtains a carrier identification number issued
36by the Department of the California Highway Patrol, pursuant to
37Section 34507.5.

38(4) The applicant obtains a motor carrier permit issued pursuant
39to Section 34620 or 34621.

P10   1(5) The applicant agrees to conduct periodic inspections,
2pursuant to Section 34505.5, of vehicles participating in the pilot
3program.

4(6) The employer of the driver enrolls in the Department of
5Motor Vehicles pull-notice system for the purpose of providing
6the employer with a report showing the driver’s current public
7record as recorded by the department and any subsequent
8 conviction, failure to appear, accident, driver’s license suspension,
9driver’s license revocation, or any other action taken against the
10driving privilege if the vehicle requires a class A, class B, or class
11C license with a hazardous materials or any other applicable
12endorsement required by Section 15278. An owner or family
13member who drives the vehicle shall be enrolled as if he or she
14were an employee.

15(b) On or before July 1, 2018, the Department of the California
16Highway Patrol and the Department of Motor Vehicles shall report
17to the Legislature on the status and effectiveness of the pilot
18program, including, but not limited to, a description of the number
19of vehicles enrolled, an evaluation of the loss of registration
20funding attributable to the program, and a description of collisions
21involving vehicles enrolled, enforcement issues, and safety issues.
22A report submitted pursuant to this subdivision shall be submitted
23pursuant to Section 9795 of the Government Code.

24(c) This section shall remain in effect only until January 1, 2020,
25and as of that date is repealed, unless a later enacted statute, that
26is enacted before January 1, 2020, deletes or extends that date.

27

SEC. 4.  

Section 36305 of the Vehicle Code is amended to read:

28

36305.  

(a) The driver of any implement of husbandry shall
29possess a valid class C driver’s license when operating a
30combination of vehicles at a speed in excess of 25 miles per hour
31or towing any implement of husbandry as specified in subdivision
32(d), (e), or (j) of Section 36005.

33(b) Notwithstanding Section 36300, a person shall not operate
34a vehicle pursuant to the pilot program established in Section 36103
35unless the person has in his or her possession a valid driver’s
36license for the applicable vehicle type.

37begin insert

begin insertSEC. 5.end insert  

end insert
begin insert

Section 1.5 of this bill incorporates amendments to
38Section 34501.12 of the Vehicle Code proposed by both this bill
39and Assembly Bill 1960. It shall only become operative if (1) both
40bills are enacted and become effective on or before January 1,
P11   12017, (2) each bill amends Section 34501.12 of the Vehicle Code,
2and (3) this bill is enacted after Assembly Bill 1960, in which case
3Section 1 of this bill shall not become operative.

end insert
4

begin deleteSEC. 5.end delete
5
begin insertSEC. 6.end insert  

No reimbursement is required by this act pursuant to
6Section 6 of Article XIII B of the California Constitution because
7the only costs that may be incurred by a local agency or school
8district will be incurred because this act creates a new crime or
9infraction, eliminates a crime or infraction, or changes the penalty
10for a crime or infraction, within the meaning of Section 17556 of
11the Government Code, or changes the definition of a crime within
12the meaning of Section 6 of Article XIII B of the California
13Constitution.



O

    94