BILL ANALYSIS Ó
AB 995
Page 1
GOVERNOR'S VETO
AB
995 (Bigelow)
As Enrolled August 30, 2016
2/3 vote
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|ASSEMBLY: |74-0 |(May 22, 2015) |SENATE: |37-0 |(August 18, |
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|ASSEMBLY: |78-0 |(August 23, | | | |
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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.
AB 995
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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
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), Chapter 748, Statutes of
2016 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.
AB 995
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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:
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.
AB 995
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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.
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
AB 995
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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.
GOVERNOR'S VETO MESSAGE:
I am returning Assembly Bill 995 without my signature.
This bill establishes, until January 1, 2020, a pilot program in
the counties of Fresno, Kings, and Madera, exempting
agricultural vehicles from vehicle registration and weight fees.
The author of the bill argues that farm vehicles have to travel
greater distances with harvested goods than in the past and
that, for trips up to 20 miles, these vehicles should be exempt
from paying fees used to fund the state's transportation system.
Exemptions like those proposed in this bill are best considered
as part of a comprehensive transportation funding solution to
address the state's $57 billion deferred maintenance backlog.
AB 995
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Analysis Prepared by:
Justin Behrens / TRANS. / (916) 319-2093 FN:
0005128