AB 1249,
as amended, Lackey. Vehicles:begin delete motor carriers.end deletebegin insert pickup truckend insertbegin inserts.end insert
Existing law requires motor carriers of property to annually pay a permit fee. Existing law defines a motor carrier of property as a person operating a commercial motor vehicle for specified purposes but excludes pickup trucks from the definition of “commercial motor vehicle” for these purposes. Existing law, except as specified, defines a pickup truck as a motor truck with a manufacturer’s gross vehicle weight rating of less than 11,500 pounds, an unladen weight of less than 8,001 pounds, and that is equipped with an open box-type bed not exceeding 9 feet in length.
end insertbegin insertThis bill would revise the above definition to define a pickup truck as a motor truck with a manufacturer’s gross vehicle weight rating of less than 11,750 pounds.
end insertExisting 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.
end deleteThis bill would make technical, nonsubstantive changes to the definitions that apply to those provisions.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertSection 471 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to
2read:end insert
A “pickup truck” is a motor truck with a manufacturer’s
4gross vehicle weight rating of less thanbegin delete 11,500end deletebegin insert 11,750end insert pounds, an
5unladen weight of less than 8,001 pounds, andbegin delete whichend deletebegin insert thatend insert is
6equipped with an open box-type bed not exceeding 9 feet in length.
7“Pickup truck” does not include a motor vehicle otherwise meeting
8the above definition, that is equipped with a bed-mounted storage
9compartment unit commonly called a “utility
body.”
Section 34601 of the Vehicle Code, as added by
11Section 14 of Chapter 500 of the Statutes of 2013, is amended to
12read:
(a) As used in this division, “motor carrier of property”
14means a person who operates a commercial motor vehicle as
15defined in subdivision (c). “Motor carrier of property” does not
16include a household goods carrier, as defined in Section 5109 of
17the Public Utilities Code, a household goods carrier transporting
18used office, store, and institution furniture and fixtures under its
19household goods carrier permit pursuant to Section 5137 of the
20
Public Utilities Code, a person providing only transportation of
21passengers, or a passenger stage corporation transporting baggage
22and express upon a passenger vehicle incidental to the
23transportation of passengers.
24(b) As used in this division, “for-hire motor carrier of property”
25means a motor carrier of property as defined in subdivision (a)
26who transports property for compensation.
27(c) (1) As used in this division, except as provided in paragraph
28(2), a “commercial motor vehicle” means a
self-propelled vehicle
29listed in subdivision (a), (b), (f), (g), or (k) of Section 34500, a
30motortruck of two or more axles that is more than 10,000 pounds
31gross vehicle weight rating, and any other motor vehicle used to
32transport property for compensation.
P3 1(2) As used in this division, “commercial motor vehicle” does
2not include any of the
following:
3(A) A vehicle identified in subdivision (f) of Section 34500, if
4the gross vehicle weight rating of the towing vehicle is 10,000
5pounds or less.
6(B) A vehicle identified in subdivision (g) of Section 34500, if
7the hazardous material transportation does not require the display
8of a placard
under Section 27903, a license under Section 32000.5,
9or a hazardous waste transporter registration under Section 25163
10of the Health and Safety Code, and the vehicle is not operated in
11commercial use.
12(C) A vehicle operated by a household goods carrier, as defined
13in Section 5109 of the Public Utilities Code, under the household
14goods carrier permit pursuant to Section 5137 of that code.
15(D) A vehicle operated by a household goods carrier to transport
16used office, store,
and institution furniture and fixtures under its
17household goods carrier permit pursuant to Section 5137 of the
18Public Utilities Code.
19(E) A pickup truck as defined in Section 471, if the conditions
20in subparagraphs (A) and (B) are also met.
21(F) A two-axle daily rental truck with a
gross vehicle weight
22rating of less than 26,001 pounds, when operated in noncommercial
23use.
24(G) A vehicle never operated in commercial use, including a
25motortruck or two-axle truck tractor, with a gross vehicle weight
26rating of less than 26,001 pounds, when operated singly, or, when
27used to tow a camp trailer, trailer coach, fifth-wheel travel
trailer,
28trailer designed to transport watercraft, or a utility trailer, never
29operated in commercial use. A vehicle combination described in
30this subparagraph is not subject to Section 27900, 34501.12, or
3134507.5.
32(d) As used in this chapter, “private carrier” means a motor
33carrier of property, who transports only his or her own property,
34
including, but not limited to, the delivery of goods sold by that
35carrier.
36(e) This section shall become operative on January 1, 2016.
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