BILL NUMBER: AB 1249	INTRODUCED
	BILL TEXT


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  any   a  person who operates
 any   a  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,  persons   a person 
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  any   a
 self-propelled vehicle listed in  subdivisions
  subdivision  (a), (b), (f), (g),  and
  or  (k) of Section 34500,  any 
 a  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)  Vehicles   A vehicle  identified in
subdivision (f) of Section 34500, if the gross vehicle weight rating
of the towing vehicle is 10,000 pounds or less.
   (B)  Vehicles   A vehicle  identified in
subdivision (g) of Section 34500, if the hazardous material
transportation does not require the display of  placards
  a placard  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)  Vehicles   A vehicle  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)  Vehicles   A vehicle  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)  Pickup trucks   A pickup truck  as
defined in Section 471, if the conditions in subparagraphs (A) and
(B) are also met.
   (F)  Two-axle   A two-axle  daily rental
 trucks   truck  with a gross vehicle
weight rating of less than 26,001 pounds, when operated in
noncommercial use.
   (G)  Vehicles   A vehicle  never
operated in commercial use, including  motortrucks 
 a motortruck  or two-axle truck  tractors,
  tractor,  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.  Vehicle combinations 
 A vehicle combination  described in this subparagraph
 are   is  not subject to Section 27900,
34501.12, or 34507.5.
   (d)  For purposes of   As used in  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.