BILL ANALYSIS Ó
AB 1960
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Date of Hearing: April 18, 2016
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
AB 1960
(Lackey) - As Amended March 18, 2016
SUBJECT: Vehicles: Basic Inspection of Terminals program
SUMMARY: Excludes an agricultural vehicle, as defined, from the
Basic Inspection of Terminals (BIT) program conducted by the
California Highway Patrol (CHP). Specifically, this bill:
1)Defines an "agricultural vehicle" as a vehicle or combination
of vehicles with a gross combination weight rating or a gross
vehicle weight rating (GVWR) of 26,000 pounds or less that is:
operated by a farmer, employee of a farmer, or instructor
credentialed in agriculture as part of an instructional
program at the high school, community college, or university
level; used exclusively in the conduct of agricultural
operations; not used in the capacity of a for-hire carrier or
for compensation; and where the towing vehicle has a GVWR of
16,000 pounds or less.
2)Exempts an agricultural vehicle from the BIT program.
EXISTING LAW:
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1)Requires CHP to regulate the safe operation of specified
vehicles, including, but not limited to, the following:
a) Motortrucks of three or more axles with a GVWR over
10,000 pounds;
b) Truck tractors; trailers and semitrailers, pole or
pipe dollies, auxiliary dollies, and logging dollies used
in combination with specified vehicles not including camp
trailers, trailer coaches, and utility trailers;
c) A combination of a motortruck and a specified
vehicle or vehicles that exceeds 40 feet in length when
coupled together;
d) A vehicle, or a combination of vehicles,
transporting hazardous materials;
e) Any other motortruck that is regulated by the
Department of Motor Vehicles, Public Utilities
Commission, or United States Secretary of Transportation,
but only for matters relating to hours of service and
logbooks of drivers; and,
f) A commercial motor vehicle with a GVWR over 26,000
pounds or a commercial motor vehicle of any GVWR towing a
trailer with a GVWR over 10,000 pounds, except
combinations including camp trailers, trailer coaches, or
utility trailers.
1)Prohibits a motor carrier from operating any of the above
specified types of vehicles without identifying to CHP all
terminals in the state where those vehicles may be inspected.
2)Requires motor carriers to make vehicles and records available
for inspection by CHP. If a motor carrier fails to provide
vehicles and records, an unsatisfactory terminal rating is
required to be issued by CHP.
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3)Provides that the inspection of vehicles at a terminal be
based on a representative sample of a terminal fleet size
according to a specified schedule.
4)Requires CHP to place an inspection priority on motor carrier
terminals that have never been previously inspected, as well
as vehicles transporting hazardous materials. Provides that
non-priority terminals are not required to be inspected less
than six years since their last inspection.
FISCAL EFFECT: Unknown
COMMENTS: The BIT program was implemented to ensure the safe
operation of commercial vehicles by a motor carrier through the
inspection of those vehicles at motor carrier terminals. In
2013, AB 529 (Lowenthal), Chapter 500, Statutes of 2013, revised
the BIT program to establish a performance-based model for
inspections, moving away from motor carrier terminal inspections
occurring once every 25 months to a model where ongoing
compliant motor carriers may be inspected only once every six
years. Non-compliant carriers would be targeted for additional
inspections to ensure compliance. In switching to this
performance-based system, more classifications of commercial
motor vehicles were brought into the jurisdiction of BIT
inspections, which both increased the number of vehicles
inspected for safety by CHP and spread the cost for operating
the program over a greater number of vehicles. Implementation
of the revised BIT program began January 1, 2016, and fees
required under the BIT program start at $130 per terminal
annually for the smallest fleet sizes.
This bill would exempt certain agriculture-related vehicles from
being inspected under the BIT program. According to the author,
BIT inspections of vehicle and vehicle combinations, including
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commonly-used pickup trucks and trailers used by farmers and
ranchers in their commercial enterprises and as their personal
vehicles, are time-consuming and a minor violation could lead to
further enforcement which may restrict an individual from
operating a vehicle critical to his or her farming or ranching
functions. The author states, "Although the BIT program may be
appropriate for California's for-hire semi-truck fleet,
regulating small family farmers and ranchers using pickups to
haul tractors, equipment or a handful of cows is simply
unnecessary." This bill would exempt vehicles and vehicle
combinations operated by a farmer used solely or agricultural
purposes that is not used for-hire, as long as the gross
combined weight rating of the combination does not exceed 26,000
pounds and the towing vehicle has a GVWR of less than 16,000
pounds.
While the vehicle defined as agricultural vehicles by this bill
would be exempt from BIT inspections, they would still be
required to comply with numerous other commercial vehicle
regulations, including motor carrier permit requirements,
commercial driver's license requirements, traveling through
roadway inspection areas or scales, maintaining logbooks and
tracking hours of service of operators, and paying weight fees.
Committee concerns: Although the exemption proposed by this
bill relates only to agricultural vehicles, it is unclear what
the safety impact of that exemption would be. If the specified
vehicles are not inspected under the BIT program, the ability
for non-compliance with safety and other standards is reduced.
However, the vehicles will still be subject to those standards,
including motor carrier permit and commercial driver's license
requirements, and if a vehicle or carrier is found to be in
violation outside of an inspection, they would still be subject
to the appropriate penalties. Just because a vehicle does not
fall under BIT, it is not exempted from all other safety and
reporting requirements.
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The exemption proposed by this bill includes combinations of
vehicles used for agricultural operations with a gross combined
wright rating of less than 26,000 pounds, as long as the towing
vehicle has a GVWR of less than 16,000 pounds. This could
potentially lead to light pickup trucks towing trailers over
10,000 pounds, without being subject to at least periodic
inspection. While use of these combinations may, as the author
states, be limited to incidental and not for-hire use by small
agricultural outfits, this bill would not prevent larger
agricultural operators from using these combinations over long
ranges on highways where other motorists would be exposed to
these uninspected and potentially unsafe vehicles. This bill
would do nothing to distinguish vehicle combinations on the road
operated by farmers from those operated by any other occupation,
making it unclear how CHP or other law enforcement agencies
would be able to determine what vehicles are subject to
inspection and what vehicles are not.
Related legislation: AB 996 (Bigelow), exempts onion hauling
trucks from vehicle registration. This bill is awaiting a
hearing in the Senate Transportation and Housing Committee.
Previous legislation: AB 529 (Lowenthal), Chapter 500, Statutes
of 2013, revised the BIT program to include additional vehicles
and establish a performance-based model for inspections.
REGISTERED SUPPORT / OPPOSITION:
Support
California Cattlemen's Association (Sponsor)
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Association of California Egg Farmers
California Association of Wine Grape Growers
California Farm Bureau Federation
California Grain & Feed Association
California Poultry Federation
Family Winemakers of California
Western Growers Association
Opposition
California Teamsters Public Affairs Council
Western States Trucking Association
Analysis Prepared by:Justin Behrens / TRANS. / (916) 319-2093
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