BILL ANALYSIS Ó
AB 995
Page 1
Date of Hearing: April 27, 2015
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
AB 995
(Bigelow) - As Amended April 23, 2015
SUBJECT: Farm vehicles: registration exemptions
SUMMARY: Adds onion hauling trucks to the list of farm vehicles
that are exempt from Department of Motor Vehicles (DMV)
registration requirements, under specified conditions.
Specifically, this bill:
1)Defines "onion hauling truck" as a specialized motor truck
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.
2)Exempts onion hauling trucks from registration with the DMV.
3)Requires that the owner of an onion hauling truck not operate
the vehicle during the exemption period in any manner other
than as an onion hauling truck in order to maintain the
exemption from registration.
4)Requires the owner of an onion hauling truck do all of the
following:
AB 995
Page 2
a) Register an onion hauling truck with the DMV before
operating it as a commercial motor vehicle.
b) Apply to DMV for any renewal of the exemption from
registration.
5)Specifies that an onion hauling truck is subject to all
vehicle safety requirements, including equipment standards,
driver licensing requirements, maximum driving and on-duty
hours provisions, log book requirements, drug and alcohol
testing, maintenance of vehicles, and any other driver or
vehicle safety standards.
6)Requires the driver of an onion hauling truck to have a valid
Class A driver's license.
EXISTING LAW:
1)Generally requires a motor vehicle operated on any street,
road, or highway open to the public to be registered with DMV.
2)Defines "implements of husbandry" as vehicles used exclusively
in the conduct of agricultural operations and exempts them
from registration requirements if they are only incidentally
operated on a highway.
3)Exempts certain farm vehicles from registration requirements
and commercial motor vehicle safety requirements, under
specified conditions.
4)Specifies that farm vehicles are subject to all equipment and
AB 995
Page 3
device requirements as if they are registered.
FISCAL EFFECT: Unknown
COMMENTS: Current law, with certain exceptions, requires that
motor vehicles operated on highways be registered with DMV.
Additionally, existing law requires that commercial vehicles
comply with the Motor Carrier Safety Improvement Act of 1996,
which generally requires that commercial motor vehicles pay fees
that support highway maintenance and enforcement programs,
undergo periodic safety inspections conducted by the California
Highway Patrol, and participate in operator drug and alcohol
testing programs.
Vehicles that are operated on farms and that are only
incidentally driven on highways, no more than a mile, are exempt
from registration requirements. While use of farm vehicles on
highways is generally restricted to protect the safety of the
traveling public, existing law also exempts from registration
requirements and commercial vehicle safety requirements a number
of farm vehicles that are operated on highways beyond the
typical one-mile limit. The law provides varying allowances for
these vehicles depending on their type. For example, melons
trucks are exempt from registration and allowed to travel up to
two miles on highways, while trucks carrying livestock feed
(silage) are exempt and allowed to travel up to 20 miles on
highways.
AB 995 exempts onion hauling trucks, as defined, from
registration requirements. These specialized trucks are not
operated for compensation and are only used to haul onions
during the harvest season to transport onions from fields to
packing sheds. If an onion farmer wanted to use the truck for
some other purpose, then the truck would have to be registered
with DMV in order to be operated on highways. AB 995
additionally requires that these trucks comply with all
AB 995
Page 4
commercial vehicle safety requirements.
According to Dalena Farms, one of the supporters of AB 995, this
bill "would be especially helpful to our operations as we deal
with the current historic drought in California. Under current
law, we can obtain special equipment plates. However, our
operations and the current drought have caused us to lease and
farm land further than one mile from our shed, making the
special equipment plates less useful."
While one could make a slippery slope argument for providing
registration exemptions on a vehicle-by-vehicle basis, the law
already provides a number of exemptions for specific farm
vehicles, all with their own parameters. Onion farmers are
facing drought-related challenges that are forcing them to farm
fields that are further apart than in the past, subjecting them
to registration expenses for their trucks that they have not had
in the past. AB 995 is a reasonable solution to these changing
industry conditions, especially since it does not also exempt
these vehicles from commercial vehicle safety requirements,
ensuring the public safety is maintained.
Proposed amendment: The committee may wish to consider asking
the author to amend this bill to specify that unregistered onion
hauling trucks may only travel up to 20 miles on highways. This
is identical the requirement in current law for trucks carrying
silage.
Previous legislation: AB 1908 (Bigelow) of 2014, would have
exempted onion hauling trucks from registration and commercial
motor vehicle safety requirements. AB 1903 was referred to this
committee but was not heard at the request of the author.
AB 1749 (Pan) of 2012, would have exempted vehicles specifically
AB 995
Page 5
designed for, and used exclusively in an agricultural operation
to, carry walnuts to the list of farm vehicles from registration
and commercial motor vehicle safety requirements. AB 1749 was
referred to this committee but was not heard at the request of
the author.
REGISTERED SUPPORT / OPPOSITION:
Support
None on file
Opposition
None on file
Analysis Prepared by:Anya Lawler / TRANS. / (916) 319-2093
AB 995
Page 6