BILL ANALYSIS Ó AB 995 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 995 (Bigelow) As Amended August 16, 2016 Majority vote -------------------------------------------------------------------- |ASSEMBLY: |74-0 |(May 22, 2015) |SENATE: |37-0 |(August 18, | | | | | | |2016) | | | | | | | | | | | | | | | -------------------------------------------------------------------- Original Committee Reference: TRANS. SUMMARY: Directs the California Highway Patrol (CHP) and the Department of Motor Vehicles (DMV) to establish a pilot program exempting certain farm vehicles from vehicle registration requirements, as specified. The Senate amendments: 1)Recast the provisions of the Assembly version of this bill to instead, direct the CHP and DMV to establish a pilot program in Fresno, Kings, and Madera Counties until January 1, 2020, to evaluate the exemption from vehicle registration for a motor vehicle designed and used exclusively for carrying, or returning from carrying, agricultural or farming products, and used on a highway between one part of a farm to another part of that farm, or from one farm to another farm, for a distance of no more than 20 air miles, provided that the vehicle is AB 995 Page 2 operated on the highway only incidental to the farming operation, the vehicle displays a special identification plate, the applicant obtains a carrier identification number from CHP and a motor carrier permit. The applicant agrees to conduct periodic inspections of the participating vehicles, and the employer of the driver enrolls in the DMV pull-notice system, pursuant to existing law. 2)Require CHP and DMV to report to the Legislature on the status and effectiveness of the pilot program by July 1, 2018. 3)Add provisions from AB 1960 (Lackey) to avoid chaptering out conflicts. 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)Requires a motor carrier, as defined, to obtain a carrier identification number from CHP and a motor carrier permit from DMV before operating a commercial motor vehicle. AS PASSED BY THE ASSEMBLY, this bill: AB 995 Page 3 1)Defined "onion hauling truck" as specified. 2)Exempted onion hauling trucks from registration with the DMV. 3)Required 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)Required the owner of an onion hauling truck to both register an onion hauling truck with the DMV before operating it as a commercial motor vehicle and apply to DMV for any renewal of the exemption from registration. 5)Specified 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)Required the driver of an onion hauling truck to have a valid Class A driver's license. FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs. 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 CHP, and participate in operator drug and alcohol testing programs. AB 995 Page 4 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, 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. This bill would establish a pilot program exempting farm vehicles, subject to certain conditions, from registration requirements and allow them to travel up to 20 miles on highways. Previous versions of this bill exempted onion trucks specifically from registration requirements. This version of the bill includes all types of farm vehicles, but retains certain safety requirements. According to Dalena Farms, one of the supporters of this bill, 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." The pilot established by this bill would allow vehicles, such as onion trucks to transport product from fields to packing sheds, while still being subject to certain commercial vehicle safety requirements. Analysis Prepared by: Justin Behrens / TRANS. / (916) 319-2093 FN: 0004531 AB 995 Page 5