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
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|Author: |Bigelow |
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|Version: |4/29/2015 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant|Sarah Carvill |
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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:
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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
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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)
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