BILL NUMBER: AB 1249	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Lackey

                        FEBRUARY 27, 2015

   An act to amend Section  34601   471  of
the Vehicle Code, relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1249, as amended, Lackey. Vehicles:  motor carriers.
  pickup truck  s.  
   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.  
   This 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.  
   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
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 471 of the   Vehicle
Code   is amended to read: 
   471.  A "pickup truck" is a motor truck with a manufacturer's
gross vehicle weight rating of less than  11,500 
 11,750  pounds, an unladen weight of less than 8,001
pounds, and  which   that  is equipped with
an open box-type bed not exceeding 9 feet in length. "Pickup truck"
does not include a motor vehicle otherwise meeting the above
definition, that is equipped with a bed-mounted storage compartment
unit commonly called a "utility body." 
  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 a person who operates 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, 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 a self-propelled vehicle
listed in subdivision (a), (b), (f), (g), or (k) of Section 34500, 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) 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) A vehicle identified in subdivision (g) of Section 34500, if
the hazardous material transportation does not require the display of
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) 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) 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) A pickup truck as defined in Section 471, if the conditions in
subparagraphs (A) and (B) are also met.
   (F) A two-axle daily rental truck with a gross vehicle weight
rating of less than 26,001 pounds, when operated in noncommercial
use.
   (G) A vehicle never operated in commercial use, including a
motortruck or two-axle truck 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. A vehicle combination
described in this subparagraph is not subject to Section 27900,
34501.12, or 34507.5.
   (d) 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.