California Legislature—2015–16 Regular Session

Assembly Bill No. 2906

Introduced by Committee on Transportation (Assembly Members Frazier (Chair), Achadjian (Vice Chair), Baker, Bloom, Campos, Chu, Daly, Dodd, Eduardo Garcia, Gomez, Kim, Linder, Medina, Melendez, Nazarian, and O'Donnell)

March 7, 2016

An act to amend Sections 12527, 21107.8, 22502, 25802, and 27903 of, and to repeal Section 5101.7 of, the Vehicle Code, relating to transportation.

LEGISLATIVE COUNSEL’S DIGEST

AB 2906, as introduced, Committee on Transportation. Transportation: omnibus bill.

(1) Existing law authorizes the issuance of commemorative 1984 Olympic reflectorized license plates in lieu of regular license plates, as specified. Existing law requires that the issue, renewal, cancellation, retention, and transfer of the Olympic plates be subject to specified provisions as if they were environmental license plates, including, among others, provisions that impose a $48 registration fee and a $38 renewal fee for the issuance of the plates.

This bill would repeal the provisions that require the Olympic plates to be subject to the environmental license plates provisions described above.

(2) Existing law requires a vehicle stopped or parked upon a roadway where there are adjacent curbs to be stopped or parked with the wheels of the vehicle parallel to, and within 18 inches of, the curb, as provided, except as specified.

This bill would additionally apply these provisions to vehicles stopped or parked upon a roadway where there are adjacent class IV bikeways, as defined.

(3) Existing law requires any vehicle transporting any explosive, blasting agent, flammable liquid, flammable solid, oxidizing material, corrosive, compressed gas, poison, radioactive material, or other hazardous materials, of the type and in quantities that require the display of placards or markings on the vehicle exterior by regulations of the United States Department of Transportation, to display those placards and markings as prescribed by those regulations.

This bill would also prohibit a vehicle described above from displaying other markings or placards on the vehicle exterior unless permitted or required by specified federal regulations.

(4) This bill would make other technical and clarifying changes.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 5101.7 of the Vehicle Code is repealed.

begin delete

5101.7.  

(a) Until December 31, 1984, any person described
in Section 5101 may also apply for a set of commemorative 1984
Olympic reflectorized license plates and the department shall issue
those special license plates in lieu of the regular license plates. No
commemorative 1984 Olympic reflectorized license plates shall
be issued pursuant to an application therefor which is submitted
on or after January 1, 1985, but the holder of those plates may
thereafter renew or retain them, or transfer them to another vehicle,
subject to this article.

(b) Except as provided in this section, the issue, renewal,
cancellation, retention, and transfer of the commemorative 1984
Olympic reflectorized license plates shall be subject to the
provisions of this article as if they were environmental license
plates. Until December 31, 1989, duplicate, replacement plates
shall be identical commemorative 1984 Olympic reflectorized
license plates of the same letter, number, and design as originally
issued. On and after January 1, 1990, duplicate or replacement
plates shall be provided pursuant to this article.

(c) Notwithstanding the color, design, and number of digit
requirements of Section 5102, the department shall design the
commemorative 1984 Olympic reflectorized license plates, which
shall be reflectorized license plates issued pursuant to Section
4850. The commemorative 1984 Olympic reflectorized license
plates shall be of a distinctive design, as determined by the
department after consultation with the Los Angeles Olympic
Organizing Committee.

end delete

SEC. 2.  

Section 12527 of the Vehicle Code is amended to read:

12527.  

In addition to satisfying all requirements specified in
this code and begin insert in end insert regulations adopted pursuant to this code, an
applicant for an ambulance driver certificate shall satisfy all of the
following requirements:

(a) Except as otherwise provided, every ambulance driver
responding to an emergency call or transporting patients shall be
at least 18 years of age, hold a driver’s license valid in California,
possess a valid ambulance driver certificate, and be trained and
competent in ambulance operation and the use of safety and
emergency care equipment required by the California Code of
Regulations governing ambulances.

(b) Except as provided in subdivision (f), begin delete no end delete begin insert a end insert person shall begin insert not end insert
operate an ambulance unless the person has in his or her immediate
possession a driver’s license for the appropriate class of vehicle
to be begin delete driven, end delete begin insert driven end insert and a certificate issued by the department to
permit the operation of an ambulance.

(c) An ambulance driver certificate begin delete may end delete begin insert shall only end insert be issued by
the department begin delete only end delete upon the successful completion of an
examination conducted by the department and subject to all of the
following conditions:

(1) An applicant for an original or renewal driver certificate
shall submit a report of medical examination on a form approved
by the department, the Federal begin delete Highway Administration, end delete begin insert Motor
Carrier Safety Administration, end insert or the Federal Aviation
Administration. The report shall be dated within the two years
preceding the application date.

(2) An applicant for an original driver certificate shall submit
an acceptable fingerprint card.

(3) The certificate to drive an ambulance shall be valid for a
period not exceeding five years and six months and shall expire
on the same date as the driver’s license. The ambulance driver
certificate shall begin insert only end insert be valid begin delete only end delete when both of the following
conditions exist:

(A) The certificate is accompanied by a medical examination
certificate that was issued within the preceding two years and
approved by the department, begin insert the end insert Federal begin delete Highway Administration, end delete
begin insert Motor Carrier Safety Administration end insert or begin insert the end insert Federal Aviation
Administration.

(B) A copy of the medical examination report begin delete from end delete begin insert based upon end insert
which the certificate was issued is on file with the department.

(4) The ambulance driver certificate is renewable under
conditions prescribed by the department. Except as begin delete permitted under end delete
begin insert provided in end insert paragraphs (2) and (3) of subdivision (d), applicants
renewing an ambulance driver certificate shall possess certificates
or licenses evidencing compliance with the emergency medical
training and educational standards for ambulance attendants
established by the Emergency Medical Service Authority.

(d) (1) Every ambulance driver shall have been trained to assist
the ambulance attendant in the care and handling of the ill and
injured.

Except as provided in paragraph (2), the driver of a
California-based ambulance shall, within one year of initial
issuance of the driver’s ambulance driver certificate, possess a
certificate or license evidencing compliance with the emergency
medical training and educational standards established for
ambulance attendants by the Emergency Medical Service
Authority. In those emergencies requiring both the regularly
assigned driver and attendant to be utilized in providing patient
care, the specialized emergency medical training requirement shall
not apply to persons temporarily detailed to drive the ambulance.

(2) Paragraph (1) does not apply to an ambulance driver who
is a volunteer driver for a volunteer ambulance service under the
circumstances specified in this paragraph, if the service is provided
in the unincorporated areas of a county with a population of less
than 125,000 persons, as determined by the most recent federal
decennial census. The operation of an ambulance begin delete under end delete begin insert subject to end insert
this paragraph shall only apply if the name of the driver and the
volunteer ambulance service and facts substantiating the public
health necessity for an exemption are submitted to the department
by the county board of supervisors and by at least one of the
following entities in the county where the driver operates the
ambulance:

(A) The county health officer.

(B) The county medical care committee.

(C) The local emergency medical services agency coordinator.

(3) The information required by paragraph (2) shall be submitted
to the department at the time of application for an ambulance driver
certificate. Upon receipt of that information, the department shall
restrict the certificate holder to driving an ambulance for the
volunteer ambulance service.

(4) The director may terminate any certificate issued pursuant
to paragraph (2) at any time the department determines that the
qualifying conditions specified begin delete therein end delete no longer exist.

(5) The exemption granted pursuant to paragraph (2) shall expire
on the expiration date of the ambulance driver certificate.

begin delete

(e) A person holding a valid certificate to permit the operation
of an ambulance, issued prior to January 1, 1991, shall not be
required to reapply for a certificate to satisfy the requirements of
this section until the certificate he or she holds expires or is
canceled or revoked.

(f)

end delete

begin insert (e) end insert  An ambulance certificate is not required for persons
operating ambulances in the line of duty as salaried, regular,
full-time police officers, deputy sheriffs, or members of a fire
department of a public agency. This exemption does not include
volunteers and part-time employees or members of a department
whose duties are primarily clerical or administrative.

SEC. 3.  

Section 21107.8 of the Vehicle Code is amended to
read:

21107.8.  

(a) (1)  begin delete Any city or county end delete begin insert A city, county, or city and
county end insert may, by ordinance or resolution, find and declare that there
are privately owned and maintained offstreet parking facilities as
described in the ordinance or resolution within the begin delete city or county end delete
begin insert city, county, or city and county end insert that are generally held open for
use of the public for purposes of vehicular parking. Upon
enactment by begin delete a city or county end delete begin insert a city, county, or city and county end insert of
the ordinance or resolution, Sections 22350, 23103, and 23109
and the provisions of Division 16.5 (commencing with Section
38000) shall apply to privately owned and maintained offstreet
parking facilities, except as provided in subdivision (b).

(2) (A) If begin delete a city or county end delete begin insert a city, county, or city and county end insert
enacts an ordinance or resolution authorized by paragraph (1), begin delete a
city or county end delete begin insert the city, county, or city and county end insert may include in
that ordinance or resolution authorization for the operator of a
privately owned and maintained offstreet parking facility to
regulate unauthorized parking in that facility.

(B) (i) If begin delete a city or county end delete begin insert a city, county, or city and county end insert has
exercised its authority pursuant to subparagraph (A) and
unauthorized parking is regulated in a privately owned and
maintained offstreet parking facility, the owner or operator of that
facility shall include in a parking fee invoice instructions that
describe the manner in which to contest the parking fee invoice.

(ii) If begin delete a city or county end delete begin insert a city, county, or city and county end insert has
exercised its authority pursuant to subparagraph (A) and
unauthorized parking is regulated in a privately owned and
maintained offstreet parking facility, the owner or operator of that
facility shall not file with, or transmit to, the Department of Motor
Vehicles a parking fee invoice for the purpose of having the
Department of Motor Vehicles attempt to collect unpaid parking
fees by refusing to issue or renew a license pursuant to Section
12808.1 or refusing to renew the registration of a vehicle pursuant
to Section 4760.

(b) (1) Notwithstanding subdivision (a), an ordinance or
resolution enacted begin delete thereunder end delete begin insert pursuant to that subdivision end insert does
not apply to begin delete any end delete begin insert an end insert offstreet parking facility begin delete described in that
subdivision end delete unless the owner or operator has caused to be posted
in a conspicuous place at each entrance to that offstreet parking
facility a notice not less than 17 by 22 inches in size with lettering
not less than one inch in height, to the effect that the offstreet
parking facility is subject to public moving vehicle laws and
violators may be subject to a parking invoice fee.

(2) If applicable, a parking receipt distributed to drivers shall
include language explicitly stating that violators may be subject
to a parking invoice fee.

(c)  begin delete No end delete begin insert An end insert ordinance or resolution shall begin insert not end insert be enacted begin delete under end delete
begin insert pursuant to end insert subdivision (a) without a public hearing begin delete thereon end delete begin insert on
the matter end insert and 10 days prior written notice to the owner and
operator of the privately owned and maintained offstreet parking
facility involved.

(d)  Section 22507.8 may be enforced without enactment of an
ordinance or resolution as required begin delete under end delete begin insert pursuant to end insert subdivision
(a) or the posting of a notice at each entrance to the offstreet
parking facility as required begin delete under end delete begin insert by end insert paragraph (1) of subdivision
(b).

(e) The department shall not be required to provide patrol or begin insert to end insert
enforce any begin delete provisions end delete begin insert provision end insert of this code begin delete on any end delete begin insert in a end insert privately
owned and maintained offstreet parking facility subject to begin delete the
provisions of this code under end delete this section except those provisions
applicable to private property begin delete other than by action under end delete begin insert actions
not described in end insert this section.

(f)  begin delete A city or county end delete begin insert A city, county, or city and county end insert that
authorizes private parking regulation pursuant to this section shall,
in its ordinance or resolution, include provisions that include all
of the following:

(1) Procedures begin delete of end delete begin insert for end insert dispute resolution in accordance with begin delete those
procedures set forth in end delete Section 40215, begin delete which shall include all of
the following: end delete begin insert including all of the following: end insert

(A) A written and publicly available dispute resolution policy
that includes specified time periods for notifications, review, and
appeal.

(B) An administrative hearing process that includes all of the
following:

(i) Options for a hearing in person or by mail.

(ii) Administrative review.

(iii) A hearing by a third-party examiner who has been
adequately trained and who provides an independent, objective,
fair, and impartial review.

(iv) Personal delivery or delivery by first-class mail of begin delete an end delete begin insert the end insert
examiner’s decision.

(v) Authority for the examiner to allow payment of the parking
begin delete charge end delete begin insert invoice fee end insert in installments for persons showing evidence
of inability to pay the parking begin delete charge end delete begin insert invoice fee end insert in full.

(2) A prohibition against incentives based on the number of
invoices issued or the number or begin delete percent end delete begin insert percentage end insert of disputed
invoices adjudicated that uphold parking begin delete charges. end delete begin insert invoice fees. end insert

(3) A cap on a parking invoice fee that is commensurate with
the most nearly equivalent municipal parking fine.

(4) Measures to prevent a private parking regulator from
representing itself as a government enforcement agency, including
a prohibition against begin insert the end insert use of terminology begin delete in ordinances or
resolutions, and in parking fee invoices, which are end delete begin insert in ordinances,
resolutions, and parking fee invoices that is end insert restricted to
governmental law begin delete enforcement, end delete begin insert enforcement end insert and a requirement
begin delete for end delete begin insert that end insert a conspicuous statement begin insert be included end insert on parking fee
invoices to the effect that “This parking begin delete charge end delete begin insert invoice fee end insert notice
is not issued by the [local government].”

SEC. 4.  

Section 22502 of the Vehicle Code is amended to read:

22502.  

(a) Except as otherwise provided in this chapter, a
vehicle stopped or parked upon a roadway begin delete where there are end delete begin insert with end insert
adjacent curbs begin insert or class IV bikeways, as defined in Section 890.4
of the Streets and Highways Code, end insert shall be stopped or parked with
the right-hand wheels of the vehicle parallel begin delete with and within 18
inches of end delete begin insert to, and within 18 inches of, end insert the right-hand begin delete curb, end delete begin insert curb or
the right-hand edge of the class IV bikeway, end insert except that a
motorcycle shall be parked with at least one wheel or fender
touching the right-hand curb begin delete . Where no curbs or barriers end delete begin insert or edge.
If no curbs, barriers, or class IV bikeways end insert bound a two-way
roadway, right-hand parallel parking is required unless otherwise
indicated.

(b) (1) The provisions of subdivision (a) or (e) do not apply to
a commercial vehicle if a variation from the requirements of
subdivision (a) or (e) is reasonably necessary to accomplish the
loading or unloading of merchandise or passengers on, or from, a
vehicle and while anything connected with the loading, or
unloading, is being executed.

(2) This subdivision does not permit a vehicle to stop or park
upon a roadway in a direction opposite to that in which traffic
normally begin delete moves upon that half of the roadway on which the vehicle
is stopped or parked. end delete begin insert moves. end insert

(c) Notwithstanding subdivision (b), a local authority may, by
ordinance, prohibit a commercial vehicle from stopping, parking,
or standing on one side of a roadway in a business district with
the wheels of the vehicle more than 18 inches from the begin delete curb. end delete begin insert curb
or the edge of a class IV bikeway. end insert The ordinance shall be effective
only if signs are placed begin delete in the areas to which it is applicable end delete clearly
indicating the begin delete prohibition. end delete begin insert prohibition in the areas to which it
applies. end insert

(d) This section does not apply to vehicles of a public utility
when the vehicles are being used in connection with the operation,
maintenance, or repair of facilities of the public utility or are being
used in connection with providing public utility service.

(e) (1) Upon a one-way roadway, a vehicle may be stopped or
parked as provided in subdivision (a) or with the left-hand wheels
parallel begin delete to and within 18 inches of end delete begin insert to, and within 18 inches of, end insert the
left-hand begin delete curb, end delete begin insert curb or left-hand edge of a class IV bikeway, end insert except
that a motorcycle, if parked on the left-hand side, shall have either
one wheel or one fender touching the curb begin delete . Where no curb or
barriers end delete begin insert or edge. If no curb, barriers, or class IV bikeway end insert bound
a one-way roadway, parallel parking on either side is required
unless otherwise indicated.

(2) This subdivision does not apply upon a roadway of a divided
highway.

(f) (1) The City of Long Beach may, by ordinance or resolution,
implement a pilot program to authorize vehicles to park on the
left-hand side of the roadway parallel to and within 18 inches of
the left-hand curb on two-way local residential streets that dead-end
with no cul-de-sac or other designated area in which to turn around,
if the City of Long Beach has first made a finding, supported by
a professional engineering study, that the ordinance or resolution
is justified by the need to facilitate the safe and orderly movement
of vehicles on the roadways affected by the resolution or ordinance.
The area covered by the ordinance or resolution shall be limited
to the streets perpendicular to Ocean Boulevard beginning at
Balboa Place and ending at 72nd Place, but shall not cover 62nd
Place. The ordinance or resolution permitting that parking shall
not apply until signs or markings giving adequate notice have been
placed near the designated roadways. The city shall submit to the
Legislature, two years from the date of the enactment of the
ordinance or resolution that establishes the pilot program, a report
that outlines the advantages and disadvantages of the pilot program.
The report submitted pursuant to this subdivision shall be submitted
in compliance with Section 9795 of the Government Code.

(2) The pilot program authorized under this subdivision shall
terminate, and this subdivision shall become inoperative, three
years from the date of enactment of the ordinance or resolution
that establishes the pilot program.

SEC. 5.  

Section 25802 of the Vehicle Code is amended to read:

25802.  

Sections 24002, 24005, 24012, 24250, 24251, 24400
to 24404, inclusive, 24600 to 24604, inclusive, 24606 to 24610,
inclusive, Article 4 (commencing with Section 24800), Article 5
(commencing with Section 24950), Article 6 (commencing with
Section 25100), Article 9 (commencing with Section 25350),
Article 11 (commencing with Section 25450), and Article 13
(commencing with Section 25650) of Chapter 2 of this division,
Chapter 3 (commencing with Section 26301), Chapter 4
(commencing with Section 26700), and Chapter 5 (commencing
with Section 27000) of this division, begin delete and Chapter 2 (commencing
with Section 29200), Chapter 3 (commencing with Section 29800),
Chapter 4 (commencing with Section 30800), end delete and Chapter 5
(commencing with Section 31301) of Division 13 do not apply to
logging vehicles or any vehicle of a type subject to registration
under this code that is not designed, used, or maintained for the
transportation of persons or property and that is operated or moved
over a highway only incidentally ; but any such vehicle shall be
subject to Sections 2800, 2806, 24004, 25260, 25803, 25950,
25952, 26457, 27454, 27602, 31500, and 40150, and to Article 12
(commencing with Section 25500) of Chapter 2 of this division.

SEC. 6.  

Section 27903 of the Vehicle Code is amended to read:

27903.  

(a) Subject to Section 114765 of the Health and Safety
Code, begin delete any end delete begin insert a end insert vehicle transporting begin delete any end delete begin insert an end insert explosive, blasting agent,
flammable liquid, flammable solid, oxidizing material, corrosive,
compressed gas, poison, radioactive material, or other hazardous
materials, of the type and in quantities that require the display of
placards or markings on the vehicle exterior by the United States
Department of Transportation begin delete regulations (49 C.F.R., Parts 172,
173, and 177), end delete begin insert pursuant to Parts 172, 173, and 177 of Title 49 of
the Code of Federal Regulations end insert shall display begin delete the end delete begin insert those end insert placards
and markings in the manner and under conditions prescribed by
those begin delete regulations of the United States Department of
Transportation. end delete begin insert regulations. end insert

begin insert

(b) A vehicle described in subdivision (a) shall not display other
markings or placards on the vehicle exterior unless permitted or
required by Subparts D and F of Part 172 of Title 49 of the Code
of Federal Regulations.

end insert begin delete

(b)

end delete

begin insert (c) end insert begin insert   end insert This section does not apply to the following:

(1)  begin delete Any end delete begin insert A end insert vehicle transporting not more than 20 pounds of
smokeless powder or not more than five pounds of black sporting
powder or any combination thereof.

(2) An authorized emergency vehicle as defined in paragraph
(1) of subdivision (b) of Section 165, operated by a peace officer
as defined in Sections 830.1 and 830.2 of the Penal Code, when
transportation is required within the scope and course of law
enforcement explosives detection or removal duties, provided one
of the following conditions applies:

(A) The law enforcement agency operating the vehicle complies
with regulations adopted by the California Highway Patrol pursuant
to subdivision (b) of Section 34501, notwithstanding Section 34500
and subdivision (a) of Section 34501.

(B) The peace officer possesses an exemption issued by the
commissioner, who may require additional transportation
restrictions as deemed appropriate.