California Legislature—2015–16 Regular Session

Assembly Bill No. 1249

Introduced by Assembly Member Lackey

February 27, 2015

An act to amend Section 34601 of the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

AB 1249, as introduced, Lackey. Vehicles: motor carriers.

Existing law prohibits a motor carrier of property, as defined, from operating a commercial motor vehicle on any public highway in the state, unless it has obtained a carrier identification number in accordance with specified provisions, has registered the identification number with the Department of Motor Vehicles, and holds a valid motor carrier permit issued to that motor carrier by the department.

This bill would make technical, nonsubstantive changes to the definitions that apply to those provisions.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 34601 of the Vehicle Code, as added by
Section 14 of Chapter 500 of the Statutes of 2013, is amended to
read:

34601.  

(a) As used in this division, “motor carrier of property”
means begin delete any end delete begin insert a end insert person who operates begin delete any end delete begin insert a end insert commercial motor vehicle
as defined in subdivision (c). “Motor carrier of property” does not
include a household goods carrier, as defined in Section 5109 of
the Public Utilities Code, a household goods carrier transporting
used office, store, and institution furniture and fixtures under its
household goods carrier permit pursuant to Section 5137 of the
Public Utilities Code, begin delete persons end delete begin insert a person end insert providing only
transportation of passengers, or a passenger stage corporation
transporting baggage and express upon a passenger vehicle
incidental to the transportation of passengers.

(b) As used in this division, “for-hire motor carrier of property”
means a motor carrier of property as defined in subdivision (a)
who transports property for compensation.

(c) (1) As used in this division, except as provided in paragraph
(2), a “commercial motor vehicle” means begin delete any end delete begin insert a end insert self-propelled
vehicle listed in begin delete subdivisions end delete begin insert subdivision end insert (a), (b), (f), (g), begin delete and end delete begin insert or end insert
(k) of Section 34500, begin delete any end delete begin insert a end insert motortruck of two or more axles that
is more than 10,000 pounds gross vehicle weight rating, and any
other motor vehicle used to transport property for compensation.

(2) As used in this division, “commercial motor vehicle” does
not include any of the following:

(A)  begin delete Vehicles end delete begin insert A vehicle end insert identified in subdivision (f) of Section
34500, if the gross vehicle weight rating of the towing vehicle is
10,000 pounds or less.

(B)  begin delete Vehicles end delete begin insert A vehicle end insert identified in subdivision (g) of Section
34500, if the hazardous material transportation does not require
the display of begin delete placards end delete begin insert a placard end insert under Section 27903, a license
under Section 32000.5, or a hazardous waste transporter registration
under Section 25163 of the Health and Safety Code, and the vehicle
is not operated in commercial use.

(C)  begin delete Vehicles end delete begin insert A vehicle end insert operated by a household goods carrier,
as defined in Section 5109 of the Public Utilities Code, under the
household goods carrier permit pursuant to Section 5137 of that
code.

(D)  begin delete Vehicles end delete begin insert A vehicle end insert operated by a household goods carrier
to transport used office, store, and institution furniture and fixtures
under its household goods carrier permit pursuant to Section 5137
of the Public Utilities Code.

(E)  begin delete Pickup trucks end delete begin insert A pickup truck end insert as defined in Section 471, if
the conditions in subparagraphs (A) and (B) are also met.

(F)  begin delete Two-axle end delete begin insert A two-axle end insert daily rental begin delete trucks end delete begin insert truck end insert with a gross
vehicle weight rating of less than 26,001 pounds, when operated
in noncommercial use.

(G)  begin delete Vehicles end delete begin insert A vehicle end insert never operated in commercial use,
including begin delete motortrucks end delete begin insert a motortruck end insert or two-axle truck begin delete tractors, end delete
begin insert tractor, end insert with a gross vehicle weight rating of less than 26,001
pounds, when operated singly, or, when used to tow a camp trailer,
trailer coach, fifth-wheel travel trailer, trailer designed to transport
watercraft, or a utility trailer, never operated in commercial use.
begin delete Vehicle combinations end delete begin insert A vehicle combination end insert described in this
subparagraph begin delete are end delete begin insert is end insert not subject to Section 27900, 34501.12, or
34507.5.

(d)  begin delete For purposes of end delete begin insert As used in end insert this chapter, “private carrier”
means a motor carrier of property, who transports only his or her
own property, including, but not limited to, the delivery of goods
sold by that carrier.

(e) This section shall become operative on January 1, 2016.