BILL ANALYSIS Ó SENATE COMMITTEE ON TRANSPORTATION AND HOUSING Senator Jim Beall, Chair 2015 - 2016 Regular Bill No: AB 995 Hearing Date: 6/28/2016 ----------------------------------------------------------------- |Author: |Bigelow | |----------+------------------------------------------------------| |Version: |4/29/2015 | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant|Sarah Carvill | |: | | ----------------------------------------------------------------- SUBJECT: Farm vehicles: registration exemptions DIGEST: This bill exempts onion hauling trucks (OHTs) from registration. ANALYSIS: Existing law: 1)Requires vehicles driven upon a highway to be registered with the Department of Motor Vehicles (DMV), and imposes registration fees related to the use and/or size of the vehicle. 2)Defines implements of husbandry as vehicles which are used exclusively in the conduct of agricultural operations, and exempts from registration those which are only incidentally operated or moved over a highway. 3)Specifies that any vehicle may be considered an implement of husbandry if it is operated on highways only for the purpose of transporting agricultural products and is not operated on a highway for a total distance greater than one mile from the point of origin of the trip. 4)Provides that the certain types of farm vehicles, as specified, may obtain a special equipment plate, and exempts these vehicles from registration. AB 995 (Bigelow) Page 2 of ? 5)Specifies that farm vehicles are subject to all equipment and device requirements as if they are registered. 6)Requires motor carriers of property to obtain a motor carrier permit from the DMV. In order to obtain a permit, the carrier must: a) Show proof that it has met applicable requirements related to insurance and workers' compensation b) Obtain a carrier identification number from the California Highway Patrol (CHP) c) Comply with the requirements of the Basic Inspection of Terminals (BIT) program, if applicable d) Pay the appropriate permit fees, as specified 1)Establishes a pull-notice system to notify employers of any current public records that are relevant to the driving privileges of an employee engaged as a vehicle driver. This bill: 1)Defines an OHT as a specialized motor truck equipped with a loading conveyor belt that is designed and used exclusively to transport field-manufactured onions to an onion-processing facility or onion-packing shed and that travels on a highway for a distance not to exceed 20 miles from the point of origin of the trip. 2)Adds OHTs to the list of farm vehicles exempt from registration. 3)Provides that in order to maintain the exemption from registration, the owner of the OHT must not operate the vehicle during the exemption period in any manner other than as an OHT. 4)Requires the owner to register the vehicle with DMV before operating it as a commercial motor vehicle. 5)Requires the owner to apply to DMV as required for any renewal of the exemption from registration. AB 995 (Bigelow) Page 3 of ? 6)Requires an operator of an OHT to possess a valid Class A driver's license. 7)States that exemption from registration does not exempt an OHT from safety requirements of the vehicle code or any regulations related 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. COMMENTS: 1)Purpose. The author states that farmers need flexibility with the distance that OHTs can travel. Farm vehicles that transport agricultural products are only allowed to operate on California roads up to a one-mile distance while still maintaining their classification as an implement of husbandry and subsequent exemption from registration requirements. According to farmers, onion field locations can vary from year to year, and they are often farther than one mile away from the onion-processing facility or onion-packaging shed, thus making OHTs ineligible for exemption under the current law. Figure 1. Onion hauling truck (picture provided by author) 2)Existing law and registration exemptions. Vehicles that are operated on farms and that are only incidentally driven on highways, for 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, melon 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. 3)Motor Carrier Permit Program and the BIT Program. A motor carrier permit is a document issued by the DMV's Registration Operations Division. The permit is issued to the motor AB 995 (Bigelow) Page 4 of ? carrier as evidence of registration with the DMV of their Carrier Identification number. Additionally, the permit verifies the motor carrier has met all of the statutory requirements to commercially operate motor vehicles on California's highways. In 1988, the Legislature enacted the California Commercial Motor Vehicle Safety Act, also known as the BIT Program, in an effort to alleviate the growing number of truck-related collisions on California's highways. Primarily, the intent is to ensure every truck terminal throughout the state is inspected by the California Highway Patrol (CHP) on a regular basis, thereby creating a level field for all motor carriers statewide. Exempting OHTs from registration would create a class of vehicles traveling significant distances without an avenue for inspection. Additionally, registration holds are effective to engage and bring parties into compliance and are critical to other enforcement programs (e.g., the Air Resources Board Truck and Bus Regulation programs, which require diesel trucks and buses that operate in California to be upgraded or replaced in order to reduce emissions). 4)Heavy loads. Overweight trucks can damage infrastructure. Regulations on the operation of commercial vehicles often enforced at the time of registration, help to mitigate wear and tear that these vehicles can cause to roads by ensuring that weight limits are not exceeded and that heavy vehicles pay a proportionate share. 5)A truck is a truck is a truck. According to the author, OHTs are specialized motor trucks that are equipped with a loading conveyor belt. They are designed and used exclusively to transport field-manufactured onions to an onion-processing facility or an onion-packaging shed no farther than 20 miles away from the point of origin of the trip. The author also recognizes that many specific pieces of farm equipment are exempt from registration due to their distinctive character, specific period of use, and unique need for California's roads. However, OHTs are trucks (see Figure 1), and the only thing that makes them OHTs is the presence of onions. In their opposition letter, CHP raises enforcement concerns because these vehicles could be used to transport other commodities. AB 995 (Bigelow) Page 5 of ? 6)Why onions? According to the Department of Food and Agriculture, California's agricultural abundance includes more than 400 commodities. The state produces nearly half of the fruits, nuts, and vegetables grown in the U.S. In light of these concerns, the author and committee may wish to consider amendments that completely repeal the proposed OHT exemption and instead implement a pilot program with a sunset date of January 1, 2020, limited to the county of Fresno that exempts a broader class of agricultural vehicles from registration under the following conditions: a) The vehicle must be designed and used exclusively for carrying, or returning from carrying, agricultural or farming products b) The vehicle must be used on a highway only to travel between farms or between parts of a farm, for a distance of no more than twenty air miles c) Operation on the highway must be incidental to a farming operation and not for hire or compensation d) The vehicle must qualify for and display a special identification plate. e) The user of the vehicle must obtain a motor carrier permit from the DMV and a carrier identification number from the CHP f) The user of the vehicle must conduct regular inspections and maintenance on the vehicle, as specified in existing law, and submit to inspections under the (BIT) program g) Employers participating in the program must enroll all drivers in the DMV pull-notice system, including owners or family members who drive a participating vehicle The suggested amendments would also include a requirement that the CHP and the DMV report to the Legislature on the status and effectiveness of the pilot program on or before July 1, 2018. The CHP and the DMV would be required to include in the report: AB 995 (Bigelow) Page 6 of ? a) A description of the number of vehicles enrolled b) An evaluation of the loss of registration funding attributable to the program c) A description of collisions involving vehicles enrolled enforcement issues, and safety issues The proposed program would not impact vehicles that currently qualify for a special equipment plate because they travel on highways for distances no greater than one mile. Related Legislation: AB 1908 (Bigelow, 2014) - exempted OHTs from registration and commercial motor vehicle safety requirements. AB 1908 was referred to the Assembly Transportation Committee, but was not heard at the request of the author. AB 1749 (Pan, 2012) - exempted walnut-carrying vehicles from registration and commercial motor vehicle safety requirements. AB 1749 was referred to the Assembly Transportation Committee, but was not heard at the request of the author. SB 1435 (Monteith, Chapter 114, Statutes of 1996) - defines silage and exempts trucks carrying silage from motor vehicle registration requirements, which include the transport of silage or empty return from carrying silage, when traveling within a farm or between farms for a distance of not more than 20 miles and when operated by a farmer, an employee of the farmer, or a contract employee of the farmer. AB 3585 (Rogers, Chapter 1077, Statutes of 1984) - exempts truck tractors or truck tractor and semitrailer combinations owned by a farmer and operated on a highway incidental to a farming operation provided the truck has a gross vehicle weight rating of over 10,000 pounds and is equipped with all-wheel drive and off-highway traction tires on all wheels and used exclusively in the production or harvesting of melons. AB 3585 specified that these vehicles shall not be operated laden on the highway for more than two miles. Assembly Votes: Floor: 74-0 AB 995 (Bigelow) Page 7 of ? Appr: 17-0 Trans: 15-0 FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes POSITIONS: (Communicated to the committee before noon on Wednesday, June 22, 2016.) SUPPORT: California Farm Bureau (prior version) Dalena Farms, Inc. (prior version) Nisei Farmers League (prior version) Tulare County Farm Bureau (prior version) OPPOSITION: California Highway Patrol (prior version) Department of Motor Vehicles (prior version) -- END --