AB 1960, as amended, Lackey. Vehicles: Basic Inspection of Terminals program.
Existing law, the Basic Inspection of Terminals (BIT) program, makes it unlawful for a motor carrier to operate a specified type of vehicle, including, but not limited to, combination of a motortruck and a specified vehicle or vehicles that exceeds 40 feet in length when coupled together, without identifying to the Department of the California Highway Patrol all terminals, as defined, in this state where vehicles may be inspected by the department and where vehicle inspection and maintenance records and driver records will be made available for inspection. Existing law requires motor carriers to make vehicles and records available for inspection upon request by an authorized representative of the department.
This billbegin delete wouldend deletebegin insert
would, until January 1, 2023,end insert
exclude an agricultural vehicle from being subject to the BIT program, and would define agricultural vehicle to mean a vehicle or combination of vehicles with a gross combination weight rating or a gross vehicle weight rating of 26,000 pounds or less if specified conditions are met, including that the vehicle is operated by certain individuals and is used exclusively in the conduct of agricultural operations when operating in commerce.begin insert The bill would require the Department of the California Highway Patrol, in consultation with the Department of Motor Vehicles, to, on or before January 1, 2022, report to the Governor and the Legislature about the impact of excluding agricultural vehicles from the BIT program, as specified.end insert
This bill would incorporate changes to Section 34500.6 of the Vehicle Code, as proposed to be added by this bill, that would become operative only if AB 995 is enacted on or before January 1, 2017, and adds Section 36103 to the Vehicle Code.
This bill would incorporate additional changes to Section 34501.12 of the Vehicle Code proposed by AB 995, that would become operative only if this bill and AB 995 are both chaptered and become effective on or before January 1, 2017, and this bill is chaptered last.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 34500.6 is added to the Vehicle Code,
2to read:
begin insert(a)end insertbegin insert end insert For purposes of this division, an agricultural
4vehicle is a vehicle or combination of vehicles with a gross
5combination weight rating or a gross vehicle weight rating of
626,000 pounds or less if all of the following conditions are met:
7 7(a)
end delete
8begin insert(1)end insert Is operated by a farmer, an employee of a farmer, or an
9instructor credentialed in agriculture as part of an instructional
10program in agriculture at the high school, community college, or
11university level.
11 12(b)
end delete
P3 1begin insert(2)end insert Is used exclusively in the conduct of agricultural
operations
2when operating in commerce.
13 3(c)
end delete
4begin insert(3)end insert Is not used in the capacity of a for-hire carrier or for
5compensation.
15 6(d)
end delete
7begin insert(4)end insert The towing vehicle has a gross weight rating of 16,000
8pounds or less.
17 9(e)
end delete10begin insert(5)end insert Is used solely in intrastate commerce.
begin insert
11
(b) On or before January 1, 2022, the Department of the
12California Highway Patrol, in consultation with the Department
13of Motor Vehicles, shall report to the Governor and the Legislature
14about the impact of excluding an agricultural vehicle, as defined
15in subdivision (a), from the provisions of Section 34501.12. The
16report shall include, but is not limited to, information about
17collisions involving excluded vehicles and any traffic safety issues
18associated with excluded vehicles. The report described in this
19subdivision shall be submitted pursuant to Section 9795 of the
20Government Code.
21
(c) This section shall remain in effect only until January 1, 2023,
22and as of that date is repealed, unless a later enacted statute, that
23is enacted before January 1, 2023, deletes or extends that date.
Section 34500.6 is added to the Vehicle Code, to
25read:
(a) For purposes of this division, an agricultural
27vehicle is a vehicle or combination of vehicles with a gross
28combination weight rating or a gross vehicle weight rating of
2926,000 pounds or less if all of the following conditions are met:
30(1) Is operated by a farmer, an employee of a farmer, or an
31instructor credentialed in agriculture as part of an instructional
32program in agriculture at the high school, community college, or
33university level.
34(2) Is used exclusively in the conduct of agricultural operations
35when operating in commerce.
36(3) Is not used in the capacity of a for-hire carrier or for
37compensation.
38(4) The towing vehicle has a gross weight rating of 16,000
39pounds or less.
40(5) Is used solely in intrastate commerce.
P4 1(b) This section does not apply to a motor vehicle that is subject
2to Section 36103.
3
(c) On or before January 1, 2022, the Department of the
4California Highway Patrol, in consultation with the Department
5of Motor Vehicles, shall report to the Governor and the Legislature
6about the impact of excluding an agricultural vehicle, as defined
7in subdivision (a), from the provisions of Section 34501.12. The
8report shall include,
but is not limited to, information about
9collisions involving excluded vehicles and any traffic safety issues
10associated with excluded vehicles. The report described in this
11subdivision shall be submitted pursuant to Section 9795 of the
12Government Code.
13
(d) This section shall remain in effect only until January 1, 2023,
14and as of that date is repealed, unless a later enacted statute, that
15is enacted before January 1, 2023, deletes or extends that date.
Section 34501.12 of the Vehicle Code is amended to
17read:
(a) Vehicles and the operation thereof, subject to
19this section, are those described in subdivision (a), (b), (e), (f), (g),
20(j), or (k) of Section 34500, except an agricultural vehicle as
21defined in Section 34500.6.
22(b) It is unlawful for a motor carrier to operate any vehicle of
23a type described in subdivision (a) without identifying to the
24department all terminals, as defined in Section 34515, in this state
25where vehicles may be inspected by the department pursuant to
26paragraph (4) of subdivision (a) of Section 34501 and where
27vehicle inspection and maintenance records and driver records will
28be made available for inspection. Motor carriers shall make
29vehicles and records
available for inspection upon request by an
30authorized representative of the department. If a motor carrier fails
31to provide vehicles and records, an unsatisfactory terminal rating
32shall be issued by the department.
33(1) The number of vehicles that will be selected for inspection
34by the department at a terminal shall be based on terminal fleet
35size and applied separately to a terminal fleet of power units and
36trailers, according to the following schedule:
|
Fleet Size |
Representative |
|
1 or 2 |
All |
|
3 to 8 |
3 |
|
9 to 15 |
4 |
|
16 to 25 |
6 |
|
26 to 50 |
9 |
|
51 to 90 |
14 |
|
91 or more |
20 |
8(2) The lessor of any vehicle described in subdivision (a) shall
9make vehicles available for inspection upon request of an
10authorized representative of the department in the course of
11inspecting the terminal of the lessee. This section does not affect
12whether the lessor or driver provided by the lessor is an employee
13of the authorized carrier lessee, and compliance with this section
14and its attendant administrative requirements does not imply an
15employee-employer relationship.
16(c) (1) The
department may inspect any terminal, as defined in
17Section 34515, of a motor carrier who, at any time, operates any
18vehicle described in subdivision (a).
19(2) The department shall adopt rules and regulations establishing
20a performance-based truck terminal inspection selection priority
21system. In adopting the system’s rules and regulations, the
22department shall incorporate methodologies consistent with those
23used by the Federal Motor Carrier Safety Administration, including
24those related to the quantitative analysis of safety-related motor
25carrier performance data, collected during the course of inspection
26or enforcement contact by authorized representatives of the
27department or any authorized federal, state, or local safety official,
28in categories, including, but not limited to, driver fatigue, driver
29fitness, vehicle maintenance, and
controlled substances and alcohol
30use. The department shall also incorporate other safety-related
31motor carrier performance data in this system, including citations
32and accident information. The department shall create a database
33to include all performance-based data specified in this section that
34shall be updated in a manner to provide real-time information to
35the department on motor carrier performance. The department
36shall prioritize for selection those motor carrier terminals never
37previously inspected by the department, those identified by the
38inspection priority selection system, and those terminals operating
39vehicles listed in subdivision (g) of Section 34500. The department
40is not required to inspect a terminal subject to inspection pursuant
P6 1to this section more often than once every six years, if a terminal
2receives a satisfactory compliance rating as the result of a terminal
3inspection
conducted by the department pursuant to this section
4or Section 34501, or if the department has not received notification
5by the system of a motor carrier operating while exceeding the
6threshold of the inspection selection priority system. Any motor
7carrier that is inspected and receives less than a satisfactory
8compliance rating, or that falls below the threshold of the selection
9priority system, shall be subject to periodic inquiries and
10inspections as outlined in subdivision (f), and these inquiries and
11inspections shall be based on the severity of the violations.
12(3) As used in this section and Section 34505.6, subdivision (f)
13of Section 34500 includes only those combinations where the gross
14vehicle weight rating of the towing vehicle exceeds 10,000 pounds,
15but does not include a pickup truck or any combination never
16operated in commercial use,
and subdivision (g) of Section 34500
17includes only those vehicles transporting hazardous material for
18which the display of placards is required pursuant to Section 27903,
19a license is required pursuant to Section 32000.5, or for which
20hazardous waste transporter registration is required pursuant to
21Section 25163 of the Health and Safety Code. Notwithstanding
22Section 5014.1, vehicles that display special identification plates
23in accordance with Section 5011, historical vehicles, as described
24in Section 5004, implements of husbandry and farm vehicles, as
25defined in Chapter 1 (commencing with Section 36000) of Division
2616, and vehicles owned or operated by an agency of the federal
27government are not subject to this section or Section 34505.6.
28(d) It is unlawful for a motor carrier to operate, or cause to be
29operated, any vehicle that is subject
to this section, Section 34520,
30or Division 14.85 (commencing with Section 34600), unless the
31motor carrier is knowledgeable of, and in compliance with, all
32applicable statutes and regulations.
33(e) It is unlawful for a motor carrier to contract or subcontract
34with, or otherwise engage the services of, another motor carrier,
35subject to this section, unless the contracted motor carrier has
36complied with subdivision (d). A motor carrier shall not contract
37or subcontract with, or otherwise engage the services of, another
38motor carrier until the contracted motor carrier provides
39certification of compliance with subdivision (d). This certification
40shall be completed in writing by the contracted motor carrier in a
P7 1manner prescribed by the department. The certification, or a copy
2of the certification, shall be maintained by each involved party
for
3the duration of the contract or the period of service plus two years,
4and shall be presented for inspection immediately upon the request
5of an authorized employee of the department. The certifications
6required by this subdivision and subdivision (b) of 34620 may be
7combined.
8(f) (1) An inspected terminal that receives an unsatisfactory
9compliance rating shall be reinspected by the department within
10120 days after the issuance of the unsatisfactory compliance rating.
11(2) If a motor carrier’s Motor Carrier of Property Permit or
12Public Utilities Commission operating authority is suspended as
13a result of an unsatisfactory compliance rating, the department
14shall not conduct a reinspection for permit or authority
15reinstatement until requested to do so by the
Department of Motor
16Vehicles or the Public Utilities Commission, as appropriate.
17(g) A motor carrier issued an unsatisfactory terminal rating may
18request a review of the rating within five business days of receipt
19of the notification of the rating. The department shall conduct and
20evaluate the review within 10 business days of the request.
21(h) The department shall publish performance-based inspection
22completion data and make the data available for public review.
23(i) This section shall be known, and may be cited, as the Basic
24Inspection of Terminals program or BIT program.
25
(j) This
section shall remain in effect only until January 1, 2023,
26and as of that date is repealed, unless a later enacted statute, that
27is enacted before January 1, 2023, deletes or extends that date.
Section 34501.12 of the Vehicle Code is amended
29to read:
(a) Vehicles and the operation thereof, subject to
31this section, are those described in subdivision (a), (b), (e), (f), (g),
32(j), or (k) of Section 34500, except an agricultural vehicle as
33defined in Section 34500.6.
34(b) It is unlawful for a motor carrier to operate any vehicle of
35a type described in subdivision (a) without identifying to the
36department all terminals, as defined in Section 34515, in this state
37where vehicles may be inspected by the department pursuant to
38paragraph (4) of subdivision (a) of Section 34501 and where
39vehicle inspection and maintenance records and driver records will
40be made available for inspection. Motor carriers shall make
P8 1vehicles and records
available for inspection upon request by an
2authorized representative of the department. If a motor carrier fails
3to provide vehicles and records, an unsatisfactory terminal rating
4shall be issued by the department.
5(1) The number of vehicles that will be selected for inspection
6by the department at a terminal shall be based on terminal fleet
7size and applied separately to a terminal fleet of power units and
8trailers, according to the following schedule:
|
Fleet Size |
Representative |
|
1 or 2 |
All |
|
3 to 8 |
3 |
|
9 to 15 |
4 |
|
16 to 25 |
6 |
|
26 to 50 |
9 |
|
51 to 90 |
14 |
|
91 or more |
20 |
20(2) The lessor of any vehicle described in subdivision (a) shall
21make vehicles available for inspection upon request of an
22authorized representative of the department in the course of
23inspecting the terminal of the lessee. This section does not affect
24whether the lessor or driver provided by the lessor is an employee
25of the authorized carrier lessee, and compliance with this section
26and its attendant administrative requirements does not imply an
27employee-employer relationship.
28(c) (1) The department
may inspect any terminal, as defined in
29Section 34515, of a motor carrier who, at any time, operates any
30vehicle described in subdivision (a).
31(2) The department shall adopt rules and regulations establishing
32a performance-based truck terminal inspection selection priority
33system. In adopting the system’s rules and regulations, the
34department shall incorporate methodologies consistent with those
35used by the Federal Motor Carrier Safety Administration, including
36those related to the quantitative analysis of safety-related motor
37carrier performance data, collected during the course of inspection
38or enforcement contact by authorized representatives of the
39department or any authorized federal, state, or local safety official,
40in categories, including, but not limited to, driver fatigue, driver
P9 1fitness, vehicle maintenance, and controlled
substances and alcohol
2use. The department shall also incorporate other safety-related
3motor carrier performance data in this system, including citations
4and accident information. The department shall create a database
5to include all performance-based data specified in this section that
6shall be updated in a manner to provide real-time information to
7the department on motor carrier performance. The department
8shall prioritize for selection those motor carrier terminals never
9previously inspected by the department, those identified by the
10inspection priority selection system, and those terminals operating
11vehicles listed in subdivision (g) of Section 34500. The department
12is not required to inspect a terminal subject to inspection pursuant
13to this section more often than once every six years, if a terminal
14receives a satisfactory compliance rating as the result of a terminal
15inspection conducted by
the department pursuant to this section
16or Section 34501, or if the department has not received notification
17by the system of a motor carrier operating while exceeding the
18threshold of the inspection selection priority system. Any motor
19carrier that is inspected and receives less than a satisfactory
20compliance rating, or that falls below the threshold of the selection
21priority system, shall be subject to periodic inquiries and
22inspections as outlined in subdivision (f), and these inquiries and
23inspections shall be based on the severity of the violations.
24(3) As used in this section and Section 34505.6, subdivision (f)
25of Section 34500 includes only those combinations where the gross
26vehicle weight rating of the towing vehicle exceeds 10,000 pounds,
27but does not include a pickup truck or any combination never
28operated in commercial use, and
subdivision (g) of Section 34500
29includes only those vehicles transporting hazardous material for
30which the display of placards is required pursuant to Section 27903,
31a license is required pursuant to Section 32000.5, or for which
32hazardous waste transporter registration is required pursuant to
33Section 25163 of the Health and Safety Code. Notwithstanding
34Section 5014.1, vehicles that display special identification plates
35in accordance with Section 5011, historical vehicles, as described
36in Section 5004, implements of husbandry and farm vehicles, as
37defined in Chapter 1 (commencing with Section 36000) of Division
38
16 with the exception of vehicles operating in the pilot program
39established pursuant to Section 36103, and vehicles owned or
P10 1operated by an agency of the federal government are not subject
2to this section or Section 34505.6.
3(d) It is unlawful for a motor carrier to operate, or cause to be
4operated, any vehicle that is subject to this section, Section 34520,
5or Division 14.85 (commencing with Section 34600), unless the
6motor carrier is knowledgeable of, and in compliance with, all
7applicable statutes and regulations.
8(e) It is unlawful for a motor carrier to contract or subcontract
9with, or otherwise engage the services of, another motor carrier,
10subject to this section, unless the contracted motor carrier has
11complied with subdivision (d). A motor carrier shall not
contract
12or subcontract with, or otherwise engage the services of, another
13motor carrier until the contracted motor carrier provides
14certification of compliance with subdivision (d). This certification
15shall be completed in writing by the contracted motor carrier in a
16manner prescribed by the department. The certification, or a copy
17of the certification, shall be maintained by each involved party for
18the duration of the contract or the period of service plus two years,
19and shall be presented for inspection immediately upon the request
20of an authorized employee of the department. The certifications
21required by this subdivision and subdivision (b) of 34620 may be
22combined.
23(f) (1) An inspected terminal that receives an unsatisfactory
24compliance rating shall be reinspected by the department within
25
120 days after the issuance of the unsatisfactory compliance rating.
26(2) If a motor carrier’s Motor Carrier of Property Permit or
27Public Utilities Commission operating authority is suspended as
28a result of an unsatisfactory compliance rating, the department
29shall not conduct a reinspection for permit or authority
30reinstatement until requested to do so by the Department of Motor
31Vehicles or the Public Utilities Commission, as appropriate.
32(g) A motor carrier issued an unsatisfactory terminal rating may
33request a review of the rating within five business days of receipt
34of the notification of the rating. The department shall conduct and
35evaluate the review within 10 business days of the request.
36(h) The department
shall publish performance-based inspection
37completion data and make the data available for public review.
38(i) This section shall be known, and may be cited, as the Basic
39Inspection of Terminals program or BIT program.
P11 1
(j) This section shall remain in effect only until January 1, 2023,
2and as of that date is repealed, unless a later enacted statute, that
3is enacted before January 1, 2023, deletes or extends that date.
begin insertSection 34501.12 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to
5read:end insert
(a) Vehicles and the operation thereof, subject to
7this section, are those described in subdivision (a), (b), (e), (f),
8(g), (j), or (k) of Section 34500.
9
(b) It is unlawful for a motor carrier to operate any vehicle of
10a type described in subdivision (a) without identifying to the
11department all terminals, as defined in Section 34515, in this state
12where vehicles may be inspected by the department pursuant to
13paragraph (4) of subdivision (a) of Section 34501 and where
14vehicle inspection and maintenance records and driver records
15will be made available for inspection. Motor carriers shall make
16vehicles and records available for inspection upon request by an
17authorized representative of the department. If a motor carrier
18fails to provide
vehicles and records, an unsatisfactory terminal
19rating shall be issued by the department.
20
(1) The number of vehicles that will be selected for inspection
21by the department at a terminal shall be based on terminal fleet
22size and applied separately to a terminal fleet of power units and
23trailers, according to the following schedule:
| begin insert
Fleet Size end insert | begin insert
Representative |
| begin insert
1 or 2 end insert | begin insert
All end insert |
| begin insert
3 to 8 end insert | begin insert
3 end insert |
| begin insert
9 to 15 end insert | begin insert
4 end insert |
| begin insert
16 to 25 end insert | begin insert
6 end insert |
| begin insert
26 to 50 end insert | begin insert
9 end insert |
| begin insert
51 to 90 end insert | begin insert
14 end insert |
| begin insert
91 or more end insert | begin insert
20 end insert |
35
(2) The lessor of any vehicle described in subdivision (a) shall
36make vehicles available for inspection upon request of an
37authorized representative of the department in the course of
38inspecting the terminal of the lessee. This section does not affect
39whether the lessor or driver provided by the lessor is an employee
40of the authorized carrier lessee, and compliance with this section
P12 1and its attendant administrative requirements does not imply an
2employee-employer relationship.
3
(c) (1) The department may inspect any terminal, as defined in
4Section 34515, of a motor carrier who, at any time, operates any
5vehicle described in subdivision (a).
6
(2) The department shall adopt rules and regulations
7establishing a performance-based truck terminal inspection
8selection priority system. In adopting the
system’s rules and
9regulations, the department shall incorporate methodologies
10consistent with those used by the Federal Motor Carrier Safety
11Administration, including those related to the quantitative analysis
12of safety-related motor carrier performance data, collected during
13the course of inspection or enforcement contact by authorized
14representatives of the department or any authorized federal, state,
15or local safety official, in categories, including, but not limited to,
16driver fatigue, driver fitness, vehicle maintenance, and controlled
17substances and alcohol use. The department shall also incorporate
18other safety-related motor carrier performance data in this system,
19including citations and accident information. The department shall
20create a database to include all performance-based data specified
21in this section that shall be updated in a manner to provide
22real-time information to the department on motor carrier
23performance. The department shall prioritize for selection those
24motor carrier terminals
never previously inspected by the
25department, those identified by the inspection priority selection
26system, and those terminals operating vehicles listed in subdivision
27(g) of Section 34500. The department is not required to inspect a
28terminal subject to inspection pursuant to this section more often
29than once every six years, if a terminal receives a satisfactory
30compliance rating as the result of a terminal inspection conducted
31by the department pursuant to this section or Section 34501, or if
32the department has not received notification by the system of a
33motor carrier operating while exceeding the threshold of the
34inspection selection priority system. Any motor carrier that is
35inspected and receives less than a satisfactory compliance rating,
36or that falls below the threshold of the selection priority system,
37shall be subject to periodic inquiries and inspections as outlined
38in subdivision (f), and these inquiries and inspections shall be
39based on the severity of the violations.
P13 1
(3) As used in this section and Section 34505.6, subdivision (f)
2of Section 34500 includes only those combinations where the gross
3vehicle weight rating of the towing vehicle exceeds 10,000 pounds,
4but does not include a pickup truck or any combination never
5operated in commercial use, and subdivision (g) of Section 34500
6includes only those vehicles transporting hazardous material for
7which the display of placards is required pursuant to Section
827903, a license is required pursuant to Section 32000.5, or for
9which hazardous waste transporter registration is required
10pursuant to Section 25163 of the Health and Safety Code.
11Notwithstanding Section 5014.1, vehicles that display special
12identification plates in accordance with Section 5011, historical
13vehicles, as described in Section 5004, implements of husbandry
14and farm vehicles, as defined in Chapter 1 (commencing with
15Section 36000) of Division 16 and vehicles owned or operated by
16an agency of
the federal government are not subject to this section
17or Section 34505.6.
18
(d) It is unlawful for a motor carrier to operate, or cause to be
19operated, any vehicle that is subject to this section, Section 34520,
20or Division 14.85 (commencing with Section 34600), unless the
21motor carrier is knowledgeable of, and in compliance with, all
22applicable statutes and regulations.
23
(e) It is unlawful for a motor carrier to contract or subcontract
24with, or otherwise engage the services of, another motor carrier,
25subject to this section, unless the contracted motor carrier has
26complied with subdivision (d). A motor carrier shall not contract
27or subcontract with, or otherwise engage the services of, another
28motor carrier until the contracted motor carrier provides
29certification of compliance with subdivision (d). This certification
30shall be completed in writing by the contracted motor carrier in
31
a manner prescribed by the department. The certification, or a
32copy of the certification, shall be maintained by each involved
33party for the duration of the contract or the period of service plus
34two years, and shall be presented for inspection immediately upon
35the request of an authorized employee of the department. The
36certifications required by this subdivision and subdivision (b) of
3734620 may be combined.
38
(f) (1) An inspected terminal that receives an unsatisfactory
39compliance rating shall be reinspected by the department within
40120 days after the issuance of the unsatisfactory compliance rating.
P14 1
(2) If a motor carrier’s Motor Carrier of Property Permit or
2Public Utilities Commission operating authority is suspended as
3a result of an unsatisfactory compliance rating, the department
4shall not conduct a reinspection for permit or authority
5reinstatement
until requested to do so by the Department of Motor
6Vehicles or the Public Utilities Commission, as appropriate.
7
(g) A motor carrier issued an unsatisfactory terminal rating
8may request a review of the rating within five business days of
9receipt of the notification of the rating. The department shall
10conduct and evaluate the review within 10 business days of the
11request.
12
(h) The department shall publish performance-based inspection
13completion data and make the data available for public review.
14
(i) This section shall be known, and may be cited, as the Basic
15Inspection of Terminals program or BIT program.
16
(j) This section shall become operative on January 1, 2023.
begin insertSection 34501.12 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to
18read:end insert
(a) Vehicles and the operation thereof, subject to
20this section, are those described in subdivision (a), (b), (e), (f),
21(g), (j), or (k) of Section 34500.
22
(b) It is unlawful for a motor carrier to operate any vehicle of
23a type described in subdivision (a) without identifying to the
24department all terminals, as defined in Section 34515, in this state
25where vehicles may be inspected by the department pursuant to
26paragraph (4) of subdivision (a) of Section 34501 and where
27vehicle inspection and maintenance records and driver records
28will be made available for inspection. Motor carriers shall make
29vehicles and records available for inspection upon request by an
30authorized representative of the department. If a motor carrier
31fails to provide
vehicles and records, an unsatisfactory terminal
32rating shall be issued by the department.
33
(1) The number of vehicles that will be selected for inspection
34by the department at a terminal shall be based on terminal fleet
35size and applied separately to a terminal fleet of power units and
36trailers, according to the following schedule:
| begin insert
Fleet Size end insert | begin insert
Representative |
| begin insert
1 or 2 end insert | begin insert
All end insert |
| begin insert
3 to 8 end insert | begin insert
3 end insert |
| begin insert
9 to 15 end insert | begin insert
4 end insert |
| begin insert
16 to 25 end insert | begin insert
6 end insert |
| begin insert
26 to 50 end insert | begin insert
9 end insert |
| begin insert
51 to 90 end insert | begin insert
14 end insert |
| begin insert
91 or more end insert | begin insert
20 end insert |
8
(2) The lessor of any vehicle described in subdivision (a) shall
9make vehicles available for inspection upon request of an
10authorized representative of the department in the course of
11inspecting the terminal of the lessee. This section does not affect
12whether the lessor or driver provided by the lessor is an employee
13of the authorized carrier lessee, and compliance with this section
14and its attendant administrative requirements does not imply an
15employee-employer relationship.
16
(c) (1) The department may inspect any terminal, as defined in
17Section 34515, of a motor carrier who, at any time, operates any
18vehicle described in subdivision (a).
19
(2) The department shall adopt rules and regulations
20establishing a performance-based truck terminal inspection
21selection priority system. In adopting the
system’s rules and
22regulations, the department shall incorporate methodologies
23consistent with those used by the Federal Motor Carrier Safety
24Administration, including those related to the quantitative analysis
25of safety-related motor carrier performance data, collected during
26the course of inspection or enforcement contact by authorized
27representatives of the department or any authorized federal, state,
28or local safety official, in categories, including, but not limited to,
29driver fatigue, driver fitness, vehicle maintenance, and controlled
30substances and alcohol use. The department shall also incorporate
31other safety-related motor carrier performance data in this system,
32including citations and accident information. The department shall
33create a database to include all performance-based data specified
34in this section that shall be updated in a manner to provide
35real-time information to the department on motor carrier
36performance. The department shall prioritize for selection those
37motor carrier terminals
never previously inspected by the
38department, those identified by the inspection priority selection
39system, and those terminals operating vehicles listed in subdivision
40(g) of Section 34500. The department is not required to inspect a
P16 1terminal subject to inspection pursuant to this section more often
2than once every six years, if a terminal receives a satisfactory
3compliance rating as the result of a terminal inspection conducted
4by the department pursuant to this section or Section 34501, or if
5the department has not received notification by the system of a
6motor carrier operating while exceeding the threshold of the
7inspection selection priority system. Any motor carrier that is
8inspected and receives less than a satisfactory compliance rating,
9or that falls below the threshold of the selection priority system,
10shall be subject to periodic inquiries and inspections as outlined
11in subdivision (f), and these inquiries and inspections shall be
12based on the severity of the violations.
13
(3) As used in this section and Section 34505.6, subdivision (f)
14of Section 34500 includes only those combinations where the gross
15vehicle weight rating of the towing vehicle exceeds 10,000 pounds,
16but does not include a pickup truck or any combination never
17operated in commercial use, and subdivision (g) of Section 34500
18includes only those vehicles transporting hazardous material for
19which the display of placards is required pursuant to Section
2027903, a license is required pursuant to Section 32000.5, or for
21which hazardous waste transporter registration is required
22pursuant to Section 25163 of the Health and Safety Code.
23Notwithstanding Section 5014.1, vehicles that display special
24identification plates in accordance with Section 5011, historical
25vehicles, as described in Section 5004, implements of husbandry
26and farm vehicles, as defined in Chapter 1 (commencing with
27Section 36000) of Division 16 with the exception of vehicles
28operating in the
pilot program established pursuant to Section
2936103, and vehicles owned or operated by an agency of the federal
30government are not subject to this section or Section 34505.6.
31
(d) It is unlawful for a motor carrier to operate, or cause to be
32operated, any vehicle that is subject to this section, Section 34520,
33or Division 14.85 (commencing with Section 34600), unless the
34motor carrier is knowledgeable of, and in compliance with, all
35applicable statutes and regulations.
36
(e) It is unlawful for a motor carrier to contract or subcontract
37with, or otherwise engage the services of, another motor carrier,
38subject to this section, unless the contracted motor carrier has
39complied with subdivision (d). A motor carrier shall not contract
40or subcontract with, or otherwise engage the services of, another
P17 1motor carrier until the contracted motor carrier provides
2certification of compliance with
subdivision (d). This certification
3shall be completed in writing by the contracted motor carrier in
4a manner prescribed by the department. The certification, or a
5copy of the certification, shall be maintained by each involved
6party for the duration of the contract or the period of service plus
7two years, and shall be presented for inspection immediately upon
8the request of an authorized employee of the department. The
9certifications required by this subdivision and subdivision (b) of
1034620 may be combined.
11
(f) (1) An inspected terminal that receives an unsatisfactory
12compliance rating shall be reinspected by the department within
13120 days after the issuance of the unsatisfactory compliance rating.
14
(2) If a motor carrier’s Motor Carrier of Property Permit or
15Public Utilities Commission operating authority is suspended as
16a result of an unsatisfactory
compliance rating, the department
17shall not conduct a reinspection for permit or authority
18reinstatement until requested to do so by the Department of Motor
19Vehicles or the Public Utilities Commission, as appropriate.
20
(g) A motor carrier issued an unsatisfactory terminal rating
21may request a review of the rating within five business days of
22receipt of the notification of the rating. The department shall
23conduct and evaluate the review within 10 business days of the
24request.
25
(h) The department shall publish performance-based inspection
26completion data and make the data available for public review.
27
(i) This section shall be known, and may be cited, as the Basic
28Inspection of Terminals program or BIT program.
29
(j) This section shall become operative on
January 1, 2023.
Section 1.5 of this bill shall become operative only if
32Assembly Bill 995 is enacted and becomes effective on or before
33January 1, 2017, and adds Section 36103 to the Vehicle Code, in
34which case Section 1 of this bill shall not become operative.
begin deleteSection end deletebegin insertSections end insert2.5begin insert and 3.5end insert of this billbegin delete incorporatesend delete
37begin insert incorporateend insert amendments to Section
34501.12 of the Vehicle Code
38proposed by both this bill and Assembly Bill 995. It shall only
39become operative if (1) both bills are enacted and become effective
40on or before January 1, 2017, (2) each bill amends Section
P18 134501.12 of the Vehicle Code, and (3) this bill is enacted after
2Assembly Bill 995, in which casebegin delete Section 2end deletebegin insert Sections 2 and 3end insert of
3this bill shall not become operative.
O
95