BILL NUMBER: SB 726 CHAPTERED
BILL TEXT
CHAPTER 766
FILED WITH SECRETARY OF STATE OCTOBER 11, 1995
APPROVED BY GOVERNOR OCTOBER 11, 1995
PASSED THE SENATE SEPTEMBER 12, 1995
PASSED THE ASSEMBLY AUGUST 31, 1995
AMENDED IN ASSEMBLY JULY 25, 1995
AMENDED IN ASSEMBLY JULY 15, 1995
AMENDED IN ASSEMBLY JULY 6, 1995
AMENDED IN SENATE APRIL 3, 1995
INTRODUCED BY Committee on Transportation (Senators Kopp (Chairman),
Ayala, Johnston, Kelley, and Monteith)
(Principal coauthor: Assembly Member Margett)
FEBRUARY 22, 1995
An act to amend Section 2555 of, and to add Sections 941.6 and
954.6 to, the Streets and Highways Code, to amend Sections 1808.5,
9901, 11406, 11713, 12505, 12509, 12527, 12804.9, 12804.13, 12804.14,
12814.5, 13353.8, 14601, 14601.1, 14601.2, 21053, 23116, 24607,
25950, 34500, and 35400 of, to amend, repeal, and add Sections 22349,
22354, 22356, 22357, 22358, and 22360 of, to add Sections 22366,
24611, and 40200.8 to, and to repeal Sections 2424.5 and 4602.1 of,
the Vehicle Code, and to amend Section 10850 of the Welfare and
Institutions Code, relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
SB 726, as amended, Committee on Transportation. Transportation:
service authority for freeway emergencies: driver's licenses:
vehicles: parking citations: county highways.
(1) Under existing law, each county is generally responsible for
maintaining all county highways within its jurisdiction.
This bill would authorize adjacent counties whose common boundary
lies within a county highway to enter into an agreement for the
improvement, maintenance, construction, or reconstruction of the
highway to be provided by either or both counties.
The bill would authorize a county that is a party to such an
agreement to terminate the maintenance of all or a portion of a
county highway if it finds that, pursuant to the agreement, another
public agency will maintain the highway or that part of the highway.
The county board of supervisors would be required to adopt and
record a resolution terminating maintenance, and to post signs, as
specified, stating that the highway is not maintained by the county.
Upon taking those steps, the county would be relieved from liability
for death or injury or property damage resulting from a dangerous
condition of that highway or portion thereof caused by inadequate
maintenance.
(2) Existing law authorizes a service authority for freeway
emergencies to impose a fee of up to $1 per year on vehicles
registered in the county.
This bill would, instead, authorize a fee of $1 to be imposed by a
service authority for freeway emergencies.
(3) Existing law requires the Commissioner of the California
Highway Patrol to report to the Legislature not later than March 15
of each year on certain agreements entered into by the commissioner
with private providers of emergency vehicle towing, repair, and
storage services.
This bill would repeal the provision requiring that report.
(4) Existing law requires every registration service, as defined,
to keep business records containing specified information and to
provide each customer with a document containing all of that
information.
This bill would require each registration service to display a
sign indicating that the service is not a branch of the Department of
Motor Vehicles and would require each registration service to inform
each customer of that fact.
(5) Existing law prohibits the holder of any license issued under
certain provisions relating to vehicle manufacturers, transporters,
and dealers to do any of several specified activities, including
participating in the sale of a vehicle reported to the Department of
Motor Vehicles under specified provisions without making the return
and payment of any sales tax due and required by a specified
provision relating to sales and use taxes.
This bill would make technical, clarifying changes in those
provisions.
(6) Existing law requires an applicant for an ambulance
certificate to satisfy specified requirements.
This bill would add to those requirements the condition that a
copy of a specified medical examination report be on file with the
department.
(7) Existing law authorizes the Department of Motor Vehicles,
until January 1, 1996, to issue a restricted class A driver's license
under specified conditions for the operation of two-axle vehicles
when towing a recreational boat trailer not exceeding 15,000 pounds
gross vehicle weight rating or gross vehicle weight, if specified
conditions are met. This authorization is repealed on January 1,
1996.
This bill would delete the repeal provision, thereby continuing
indefinitely the department's authorization to issue the described
restricted class A driver's license.
(8) Existing law authorizes the Director of Motor Vehicles to
renew certain driver's licenses by mail for a fee of $12 for each
renewal.
This bill would change the fee to $12 for noncommercial licenses
and $27 for commercial licenses or noncommercial firefighter
licenses.
(9) Existing law, with certain limited exceptions, exempts public
employees and equipment from the application of the Vehicle Code
while engaged in specified works.
This bill would except the Vehicle Code provisions governing
accidents and accident reports and driving under the influence
prohibitions from the above public employee exemptions. Because this
would have the effect of expanding the scope of existing crimes, the
bill would impose a state-mandated local program.
(10) Under existing law, it is unlawful for a person to drive a
pickup or a flatbed motortruck on a highway while transporting any
person in, or on, and it is unlawful to ride in, or on, the back of
the truck.
This bill would exempt the application of these provisions in
cases when the person in the back of the truck is being transported
in a parade that is supervised by a law enforcement agency and the
speed of the truck while in the parade does not exceed 8 miles per
hour.
(11) Existing law requires certain vehicles to be equipped with
specified reflectors.
This bill would provide for alternative reflectors in certain
cases, and would exempt from these requirements certain trailers that
are equipped with red and white reflective sheeting or reflectors in
accordance with specified federal regulations.
(12) Existing law, with various exceptions, prohibits any vehicle
from exceeding 40 feet in length. One exception allows certain buses
to carry described devices used to carry bicycles if the device,
including the bicycle, does not extend more than 36 inches from the
front of this bus.
This bill would specify that the handlebars of bicycles being so
transported shall not extend more than 42 inches from the front of
the bus.
(13) Existing law prescribes a maximum vehicular highway speed
limit of 55 miles per hour.
This bill would, on a specified date, increase that maximum speed
limit to 65 miles per hour.
(14) Existing law authorizes the Department of Transportation, on
the basis of traffic and engineering studies and with the approval of
the Department of the California Highway Patrol, to declare a
maximum vehicular highway speed limit of either 60 or 65 miles per
hour, if consistent with federal law.
This bill would, on a specified date, authorize the limit to be
increased to 70 miles per hour under those conditions.
(15) Existing law authorizes local authorities to prescribe prima
facie vehicular speed limits of up to 50 miles per hour, and maximum
vehicular speed limits of 55 miles per hour, on streets other than
state highways.
This bill would authorize local authorities to set those limits at
60 and 65 miles per hour, respectively.
Because local authorities would be required, pursuant to existing
law, to perform certain duties with respect to the changes in those
speed limits, the bill would impose a state-mandated local program.
The bill would require the Director of Transportation to notify
the Secretary of State whenever the director determines the date upon
which a speed limit of 65 miles per hour would not subject the state
to a reduction in federal aid for highways. The provisions
specified above, relating to increased speed limits, would become
operative on that date or on a later date designated in the notice.
(16) Under existing law, processing agencies may be created to
process parking citations.
This bill would impose a state-mandated local program by requiring
those agencies to recall any hold on the registration of a vehicle
that it had filed with the Department of Motor Vehicles in connection
with a parking citation if the agency is awarded a civil judgment
for the citation or if it has granted a review of the issuance of the
citation.
This bill, instead of requiring the Controller to transfer that
amount, would provide that the Legislature shall appropriate the
amount specified above from the State Highway Account to the
department and the board.
(17) Existing law requires the State Department of Social Services
to inform the Department of Motor Vehicles of the names, birth
dates, and addresses of all applicants or recipients of aid to the
blind, and requires the Department of Motor Vehicles to inform the
Department of Social Services if any of those persons holds a valid
California driver's license.
This bill would delete those requirements.
(18) The bill would make certain other technical, clarifying
changes.
(19) This bill would incorporate additional changes in Section
11713 of the Vehicle Code, proposed by AB 770, to become operative
only if AB 770 and this bill are chaptered and become effective on
January 1, 1996, and this bill is chaptered last.
(20) This bill would incorporate additional changes in Section
12804.9 of the Vehicle Code, proposed by AB 1501, to become operative
only if AB 1501 and this bill are chaptered and become effective on
January 1, 1996, and this bill is chaptered last.
(21) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 941.6 is added to the Streets and Highways
Code, to read:
941.6. If the boundary line between two adjacent counties lies
within a county highway, the boards of supervisors of the affected
counties may, by agreement, provide for the improvement, maintenance,
construction, or reconstruction of all or part of the highway by
either or both counties, and each county may expend funds available
to it for the improvements and maintenance of county highways as
necessary for its performance of the agreement.
SEC. 2. Section 954.6 is added to the Streets and Highways Code,
to read:
954.6. (a) A board of supervisors, by resolution, may terminate
the maintenance of all or a portion of a county highway if it finds
that another public agency will maintain the highway or that portion
of it pursuant to an agreement meeting the requirements of Section
941.6. The resolution terminating maintenance shall identify the
county highway, or portion of it, for which maintenance will be
terminated and also the agency that will perform the maintenance. A
certified copy of the resolution shall be recorded in the office of
the county recorder.
(b) As to each county highway, or portion of a county highway, for
which the board terminates maintenance pursuant to subdivision (a),
the county shall post signs at each intersection of that highway with
a maintained highway, if any, indicating that the county no longer
maintains the highway. The signs shall be clearly visible from the
traveled highway and shall read: "This road not maintained by ____
County. ____ County is not responsible for any loss or injury
resulting from use of this road." The county shall provide adequate
maintenance for the signs to ensure that for a period of one year
each sign remains posted in the appropriate place and the message is
legible.
(c) After a resolution adopted pursuant to subdivision (a) is duly
recorded in the office of the county recorder and the signs required
by subdivision (b) are posted, while the agreement entered into
pursuant to subdivision (a) is in effect, the county shall not be
liable for the death of, or injury to, any person or for damage to
any real or personal property resulting from a dangerous condition of
the highway or portion of the highway, as described in the
resolution, caused by inadequate maintenance.
SEC. 3. Section 2555 of the Streets and Highways Code is amended
to read:
2555. An authority may impose a fee of one dollar ($1) per year,
on vehicles registered in the county pursuant to Section 9250.10 of
the Vehicle Code.
SEC. 4. Section 1808.5 of the Vehicle Code is amended to read:
1808.5. All records of the department relating to the physical or
mental condition of any person, and convictions of any offense
involving the use or possession of controlled substances under
Division 10 (commencing with Section 11000) of the Health and Safety
Code not arising from circumstances involving a motor vehicle, are
confidential and not open to public inspection.
SEC. 5. Section 2424.5 of the Vehicle Code is repealed.
SEC. 6. Section 4602.1 of the Vehicle Code is repealed.
SEC. 7. Section 9901 of the Vehicle Code is amended to read:
9901. Whenever any person has received as transferee a properly
endorsed certificate of ownership, he or she shall, within 10 days
thereafter, forward the certificates with the transfer fee specified
in Section 9855 to the department, and thereby make application for a
certificate of ownership and certificate of number.
SEC. 8. Section 11406 of the Vehicle Code is amended to read:
11406. (a) Every registration service shall keep business records
containing all of the following information:
(1) The name, address, and license number of the registration
service and the name and address of every employee who performs
registration work.
(2) The name and address of each client for whom registration work
was performed.
(3) The identity of every vehicle by year, make, type, license
number, and vehicle identification number on which registration work
was performed.
(4) The amount of registration fees or payments collected for each
vehicle on which registration work was performed, including the
method of payment to the registration service.
(5) The amount of registration fees or payments submitted to the
department for each vehicle on which registration work was performed,
including the date and method of payment to the department.
(6) The amount of any refunds or additional charges on
registration fees or payments collected for each vehicle on which
registration work was performed, including the date and method of
payment of the refund or additional charge by or to the client, the
registration service, or the department.
(7) The name, signature, or initials of each employee performing
work on each transaction and the date the work was done.
(8) The cost to each client for the registration work performed on
each of the client's vehicles.
(b) As an alternative to maintaining the records required by
paragraphs (1) to (8), inclusive, of subdivision (a), a registration
service may retain a copy of the listing sheet approved by the
department for transmitting registration documents to the department.
(c) Every registration service shall provide each customer with a
document containing all of the information required by subdivision
(a) relative to that customer's transaction, excluding paragraph (7)
and excluding the addresses of employees and other customers' names
and addresses. This requirement does not apply to transactions for
customers of a dealer or dismantler.
(d) Every registration service shall display prominently at its
place of business a sign indicating that the service is not a branch
of the department and shall inform each customer of that fact.
SEC. 9. Section 11713 of the Vehicle Code is amended to read:
11713. No holder of any license issued under this article shall
do any of the following:
(a) Make or disseminate, or cause to be made or disseminated,
before the public in this state, in any newspaper or other
publication, or any advertising device, or by public outcry or
proclamation, or in any other manner or means whatever, any statement
which is untrue or misleading and which is known, or which by the
exercise of reasonable care should be known, to be untrue or
misleading; or to so make or disseminate, or cause to be so
disseminated, any statement as part of a plan or scheme with the
intent not to sell any vehicle or service so advertised at the price
stated therein, or as so advertised.
(b) (1) (A) Advertise or offer for sale or exchange in any manner,
any vehicle not actually for sale at the premises of the dealer or
available to the dealer directly from the manufacturer or distributor
of the vehicle at the time of the advertisement or offer. However,
a dealer registered with the department as an autobroker may
advertise its service of arranging or negotiating the purchase of a
new motor vehicle from a franchised new motor vehicle dealer and
specify the line-makes and models of those new vehicles.
Autobrokering service advertisements may not advertise the price or
payment terms of any vehicle and shall disclose that the advertiser
is an autobroker or auto buying service, and shall clearly and
conspicuously state the following: "All new cars arranged for sale
are subject to price and availability from the selling franchised new
car dealer."
(B) As to printed advertisements, the disclosure statement
required by subparagraph (A) shall be printed in not less than
10-point bold type size and shall be textually segregated from the
other portions of the printed advertisement.
(2) Notwithstanding subparagraph (A), classified advertisements
for autobrokering services that measure two column inches or less are
exempt from the disclosure statement in subparagraph (A) pertaining
to price and availability.
(3) Radio advertisements of a duration of less than 11 seconds
that do not reference specific line-makes or models of motor vehicles
are exempt from the disclosure statement required in subparagraph
(A).
(c) Fail, within 48 hours, in writing to withdraw any
advertisement of a vehicle that has been sold or withdrawn from sale.
(d) Advertise or represent a vehicle as a new vehicle if the
vehicle is a used vehicle.
(e) Engage in the business for which the licensee is licensed
without having in force and effect a bond as required by this
article.
(f) Engage in the business for which the dealer is licensed
without at all times maintaining an established place of business as
required by this code.
(g) Include, as an added cost to the selling price of a vehicle,
an amount for licensing or transfer of title of the vehicle, which is
not due to the state unless, prior to the sale, that amount has been
paid by a dealer to the state in order to avoid penalties that would
have accrued because of late payment of the fees. However, a dealer
may collect from the second purchaser of a vehicle a prorated fee
based upon the number of months remaining in the registration year
for that vehicle, if the vehicle had been previously sold by the
dealer and the sale was subsequently rescinded and all the fees that
were paid, as required by this code and Chapter 2 (commencing with
Section 10751) of Division 2 of the Revenue and Taxation Code, were
returned to the first purchaser of the vehicle.
(h) Employ any person as a salesperson who has not been licensed
pursuant to Article 2 (commencing with Section 11800), and whose
license is not displayed on the premises of the dealer as required by
Section 11812, or willfully fail to notify the department by mail
within 10 days of the employment or termination of employment of a
salesperson.
(i) Deliver, following sale, a vehicle for operation on California
highways, if the vehicle does not meet all of the equipment
requirements of Division 12 (commencing with Section 24000).
(j) Use, or permit the use of, the special plates assigned to him
or her for any purpose other than as permitted by Section 11715.
(k) Advertise or otherwise represent, or knowingly allow to be
advertised or represented on behalf of, or at the place of business
of, the licenseholder that no downpayment is required in connection
with the sale of a vehicle when a downpayment is in fact required and
the buyer is advised or induced to finance the downpayment by a loan
in addition to any other loan financing the remainder of the
purchase price of the vehicle.
(l) Participate in the sale of a vehicle required to be reported
to the Department of Motor Vehicles under Section 5900 or 5901
without making the return and payment of the full sales tax due and
required by Section 6451 of the Revenue and Taxation Code.
(m) Permit the use of the dealer's license, supplies, or books by
any other person for the purpose of permitting that person to engage
in the purchase or sale of vehicles required to be registered under
this code, or permit the use of the dealer's license, supplies, or
books to operate a branch location to be used by any other person,
whether or not the licensee has any financial or equitable interest
or investment in the vehicles purchased or sold by, or the business
of, or branch location used by, the other person.
(n) Violate any provision of Article 10 (commencing with Section
28050) of Chapter 5 of Division 12.
(o) Sell a previously unregistered vehicle without disclosing in
writing to the purchaser the date on which any manufacturer's or
distributor's warranty commenced.
(p) Accept a purchase deposit relative to the sale of a vehicle,
unless the vehicle is present at the premises of the dealer or
available to the dealer directly from the manufacturer or distributor
of the vehicle at the time the dealer accepts the deposit. Purchase
deposits accepted by an autobroker when brokering a retail sale
shall be governed by Sections 11736 and 11737.
(q) Consign for sale to another dealer a new vehicle.
(r) Display a vehicle for sale at a location other than an
established place of business authorized by the department for that
dealer or display a new motor vehicle at the business premises of
another dealer registered as an autobroker. This subdivision does
not apply to the display of a vehicle pursuant to subdivision (b) of
Section 11709 or the demonstration of the qualities of a motor
vehicle by way of a test drive.
SEC. 9.5. Section 11713 of the Vehicle Code is amended to read:
11713. No holder of any license issued under this article shall
do any of the following:
(a) Make or disseminate, or cause to be made or disseminated,
before the public in this state, in any newspaper or other
publication, or any advertising device, or by public outcry or
proclamation, or in any other manner or means whatever, any statement
which is untrue or misleading and which is known, or which by the
exercise of reasonable care should be known, to be untrue or
misleading; or to so make or disseminate, or cause to be so
disseminated, any statement as part of a plan or scheme with the
intent not to sell any vehicle or service so advertised at the price
stated therein, or as so advertised.
(b) (1) (A) Advertise or offer for sale or exchange in any manner,
any vehicle not actually for sale at the premises of the dealer or
available to the dealer directly from the manufacturer or distributor
of the vehicle at the time of the advertisement or offer. However,
a dealer who has been issued an autobroker's endorsement to his or
her dealer's license may advertise his or her service of arranging or
negotiating the purchase of a new motor vehicle from a franchised
new motor vehicle dealer and may specify the line-makes and models of
those new vehicles. Autobrokering service advertisements may not
advertise the price or payment terms of any vehicle and shall
disclose that the advertiser is an autobroker or auto buying service,
and shall clearly and conspicuously state the following: "All new
cars arranged for sale are subject to price and availability from the
selling franchised new car dealer."
(B) As to printed advertisements, the disclosure statement
required by subparagraph (A) shall be printed in not less than
10-point bold type size and shall be textually segregated from the
other portions of the printed advertisement.
(2) Notwithstanding subparagraph (A), classified advertisements
for autobrokering services that measure two column inches or less are
exempt from the disclosure statement in subparagraph (A) pertaining
to price and availability.
(3) Radio advertisements of a duration of less than 11 seconds
that do not reference specific line-makes or models of motor vehicles
are exempt from the disclosure statement required in subparagraph
(A).
(c) Fail, within 48 hours, in writing to withdraw any
advertisement of a vehicle that has been sold or withdrawn from sale.
(d) Advertise or represent a vehicle as a new vehicle if the
vehicle is a used vehicle.
(e) Engage in the business for which the licensee is licensed
without having in force and effect a bond as required by this
article.
(f) Engage in the business for which the dealer is licensed
without at all times maintaining an established place of business as
required by this code.
(g) Include, as an added cost to the selling price of a vehicle,
an amount for licensing or transfer of title of the vehicle, which is
not due to the state unless, prior to the sale, that amount has been
paid by a dealer to the state in order to avoid penalties that would
have accrued because of late payment of the fees. However, a dealer
may collect from the second purchaser of a vehicle a prorated fee
based upon the number of months remaining in the registration year
for that vehicle, if the vehicle had been previously sold by the
dealer and the sale was subsequently rescinded and all the fees that
were paid, as required by this code and Chapter 2 (commencing with
Section 10751) of Division 2 of the Revenue and Taxation Code, were
returned to the first purchaser of the vehicle.
(h) Employ any person as a salesperson who has not been licensed
pursuant to Article 2 (commencing with Section 11800), and whose
license is not displayed on the premises of the dealer as required by
Section 11812, or willfully fail to notify the department by mail
within 10 days of the employment or termination of employment of a
salesperson.
(i) Deliver, following the sale, a vehicle for operation on
California highways, if the vehicle does not meet all of the
equipment requirements of Division 12 (commencing with Section
24000).
(j) Use, or permit the use of, the special plates assigned to him
or her for any purpose other than as permitted by Section 11715.
(k) Advertise or otherwise represent, or knowingly allow to be
advertised or represented on behalf of, or at the place of business
of, the licenseholder that no downpayment is required in connection
with the sale of a vehicle when a downpayment is in fact required and
the buyer is advised or induced to finance the downpayment by a loan
in addition to any other loan financing the remainder of the
purchase price of the vehicle.
(l) Participate in the sale of a vehicle required to be reported
to the Department of Motor Vehicles under Section 5900 or 5901
without making the return and payment of the full sales tax due and
required by Section 6451 of the Revenue and Taxation Code.
(m) Permit the use of the dealer's license, supplies, or books by
any other person for the purpose of permitting that person to engage
in the purchase or sale of vehicles required to be registered under
this code, or permit the use of the dealer's license, supplies, or
books to operate a branch location to be used by any other person,
whether or not the licensee has any financial or equitable interest
or investment in the vehicles purchased or sold by, or the business
of, or branch location used by, the other person.
(n) Violate any provision of Article 10 (commencing with Section
28050) of Chapter 5 of Division 12.
(o) Sell a previously unregistered vehicle without disclosing in
writing to the purchaser the date on which any manufacturer's or
distributor's warranty commenced.
(p) Accept a purchase deposit relative to the sale of a vehicle,
unless the vehicle is present at the premises of the dealer or
available to the dealer directly from the manufacturer or distributor
of the vehicle at the time the dealer accepts the deposit.
Purchase deposits accepted by an autobroker when brokering a retail
sale shall be governed by Sections 11736 and 11737.
(q) Consign for sale to another dealer a new vehicle.
(r) Display a vehicle for sale at a location other than an
established place of business authorized by the department for that
dealer or display a new motor vehicle at the business premises of
another dealer registered as an autobroker. This subdivision does
not apply to the display of a vehicle pursuant to subdivision (b) of
Section 11709 or the demonstration of the qualities of a motor
vehicle by way of a test drive.
SEC. 10. Section 12505 of the Vehicle Code is amended to read:
12505. (a) For purposes of this division only and notwithstanding
Section 516, residency shall be determined as a person's state of
domicile. "State of domicile" means the state where a person has his
or her true, fixed, and permanent home and principal residence and
to which he or she has manifested the intention of returning whenever
he or she is absent.
Prima facie evidence of residency for driver's licensing purposes
includes, but is not limited to, the following:
(1) Address where registered to vote.
(2) Payment of resident tuition at a public institution of higher
education.
(3) Filing a homeowner's property tax exemption.
(4) Other acts, occurrences, or events that indicate presence in
the state is more than temporary or transient.
(b) The presumption of residency in this state may be rebutted by
satisfactory evidence that the licensee's primary residence is in
another state.
(c) Any person entitled to an exemption under Section 12502,
12503, or 12504 may operate a motor vehicle in this state for not to
exceed 10 days from the date he or she establishes residence in this
state, except that he or she shall obtain a license from the
department upon becoming a resident before being employed for
compensation by another for the purpose of driving a motor vehicle on
the highways.
(d) Subject to Section 12504, any person over the age of 16 years
who is a resident of a foreign jurisdiction other than a state,
territory or possession of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, or Canada, having a valid
driver's license issued to him or her by any other foreign
jurisdiction having licensing standards deemed by the Department of
Motor Vehicles equivalent to those of this state, may operate a motor
vehicle in this state without obtaining a license from the
department, except that he or she shall obtain a license before being
employed for compensation by another for the purpose of driving a
motor vehicle on the highways.
(e) Any person from a foreign country, except a territory or
possession of the United States, the Commonwealth of Puerto Rico, or
Canada, shall obtain a class A or a class B license from the
department before operating on the highways a motor vehicle for which
a class A or class B license is required, as described in Section
12804.9. The medical examination form required for issuance of a
class A or class B driver's license shall be completed by a health
care professional, as defined in paragraph (2) of subdivision (a) of
Section 12804.9, who is licensed, certified, or registered to perform
physical examinations in the United States of America. This
subdivision does not apply to (1) drivers of schoolbuses operated in
California on a trip for educational purposes or (2) drivers of
vehicles used to provide the services of a local public agency.
(f) Nothing in this section authorizes the employment of a person
in violation of Section 12515.
SEC. 11. Section 12509 of the Vehicle Code is amended to read:
12509. (a) Except as otherwise provided in subdivision (f) of
Section 12514, the department, for good cause, may issue an
instruction permit to any physically and mentally qualified person
who meets one of the following requirements and who applies to the
department for an instruction permit:
(1) Is age 15 years and 6 months or over and has successfully
completed approved courses in automobile driver education and driver
training as provided in Section 12507.
(2) Is age 15 years and 6 months or over and has successfully
completed an approved course in automobile driver education and is
taking driver training as provided in Section 12507.
(3) Is age 15 years or over and is enrolled in an approved driver
education course and is at the same time or during the same semester
enrolled in an approved driver training course.
(4) Is over the age of 17 years and 6 months.
(b) An instruction permit issued pursuant to subdivision (a) shall
entitle the applicant to operate a vehicle, subject to the
limitations imposed by this section and any other provisions of law,
upon the highways for a period not exceeding 12 months.
(c) Except as provided in paragraph (1) of subdivision (a) of
Section 12814.6, any person, while having in his immediate possession
a valid permit issued pursuant to subdivision (a), may operate a
motor vehicle, other than a motorcycle or a motorized bicycle, when
either taking the driver training instruction of a kind referred to
in Section 12507, or when practicing such instruction, and when
accompanied by, and under the immediate supervision of, a California
licensed driver 18 years of age or over whose driving privilege is
not on probation. Except as provided in subdivision (d), such an
accompanying licensed driver at all times shall occupy a position
within the driver's compartment that would enable such accompanying
licensed driver to assist the driver in controlling the vehicle as
may be necessary to avoid a collision and to provide immediate
guidance in the safe operation of such vehicle.
(d) Any person while having in his immediate possession a valid
permit issued pursuant to subdivision (a), who is age 15 years and 6
months or over and who has successfully completed approved courses in
automobile education and driver training as provided in Section
12507, and any person while having in his immediate possession a
valid permit issued pursuant to subdivision (a) who is age 17 years
and 6 months or over, may, in addition to operating a motor vehicle
pursuant to subdivision (c), also operate a motorcycle or a motorized
bicycle, except that such person shall not operate a motorcycle or a
motorized bicycle during hours of darkness, shall stay off any
freeways which have full control of access and no crossings at grade
and shall not carry any passenger except an instructor licensed under
Chapter 1 (commencing with Section 11100) of Division 5 of this code
or a qualified instructor as defined in Section 18252.2 of the
Education Code.
(e) No student shall take driver training instruction unless he is
at the same time taking driver education instruction or has
successfully completed driver education.
(f) The department may also issue an instruction permit to a
person who has been issued a valid driver's license to authorize the
person to obtain driver training instruction and to practice such
instruction in order to obtain another class of driver's license or
an endorsement.
(g) The department may further restrict permits issued under
subdivision (a) as it may determine to be appropriate to assure the
safe operation of a motor vehicle by the permittee.
SEC. 12. Section 12527 of the Vehicle Code is amended to read:
12527. In addition to satisfying all requirements specified in
this code and 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), no person shall 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 driven, and a certificate
issued by the department to permit the operation of an ambulance.
(c) An ambulance driver certificate may be issued by the
department only 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 Highway Administration, 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 four years and six months and shall expire on
the same date as the driver's license. The ambulance driver
certificate shall be valid only 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, Federal Highway Administration, or
Federal Aviation Administration.
(B) A copy of the medical examination report from 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 permitted under 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 under 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 therein no longer exist.
(5) The exemption granted pursuant to paragraph (2) shall expire
on the expiration date of the ambulance driver certificate.
(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) 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. 13. Section 12804.9 of the Vehicle Code is amended to read:
12804.9. (a) (1) The examination shall include all of the
following:
(A) A test of the applicant's knowledge and understanding of the
provisions of this code governing the operation of vehicles upon the
highways.
(B) A test of the applicant's ability to read and understand
simple English used in highway traffic and directional signs.
(C) A test of the applicant's understanding of traffic signs and
signals, including the bikeway signs, markers, and traffic control
devices established by the Department of Transportation.
(D) An actual demonstration of the applicant's ability to exercise
ordinary and reasonable control in operating a motor vehicle by
driving it under the supervision of an examining officer. The
applicant shall submit to an examination appropriate to the type of
motor vehicle or combination of vehicles he or she desires a license
to drive, except that the department may waive the driving test part
of the examination of any applicant who holds a valid license issued
by another state, territory, or possession of the United States, the
District of Columbia, or the Commonwealth of Puerto Rico. The
examining officer may request to see evidence of financial
responsibility for the vehicle prior to supervising the demonstration
of the applicant's ability to operate the vehicle. The examining
officer may refuse to examine an applicant who is unable to provide
proof of financial responsibility for the vehicle, unless proof of
financial responsibility is not required by this code.
(E) A test of the hearing and eyesight of the applicant, and of
other matters that may be necessary to determine the applicant's
mental and physical fitness to operate a motor vehicle upon the
highways, and whether any ground exists for refusal of a license
under this code.
(2) The examination for a class A or class B license under
subdivision (b) shall also include a report of a medical examination
of the applicant given not more than two years prior to the date of
the application by a health care professional. As used in this
subdivision, "health care professional" means a person who is
licensed, certified, or registered in accordance with applicable
state laws and regulations to practice medicine and perform physical
examinations in the United States of America. Health care
professionals are doctors of medicine, doctors of osteopathy,
physician assistants, and advanced practice nurses, or doctors of
chiropractic who are clinically competent to perform the medical
examination presently required of motor carrier drivers by the
Federal Highway Administration. The report shall be on a form
approved by the department, the Federal Highway Administration, or
the Federal Aviation Administration. In establishing the
requirements, consideration may be given to the standards presently
required of motor carrier drivers by the Federal Highway
Administration.
(3) Any physical defect of the applicant, which, in the opinion of
the department, is compensated for to ensure safe driving ability,
shall not prevent the issuance of a license to the applicant.
(b) Beginning on January 1, 1989, in accordance with the following
classifications, any applicant for a driver's license shall be
required to submit to an examination appropriate to the type of motor
vehicle or combination of vehicles the applicant desires a license
to drive:
(1) Class A includes the following:
(A) Any combination of vehicles, if any vehicle being towed has a
gross vehicle weight rating of more than 10,000 pounds.
(B) Any vehicle towing more than one vehicle.
(C) Any trailer bus.
(D) The operation of all vehicles under class B and class C.
(2) Class B includes the following:
(A) Any single vehicle with a gross vehicle weight rating of more
than 26,000 pounds.
(B) Any single vehicle with three or more axles, except any
three-axle vehicle weighing less than 6,000 pounds.
(C) Any bus except a trailer bus.
(D) Any farm labor vehicle.
(E) Any single vehicle with three or more axles or a gross vehicle
weight rating of more than 26,000 pounds towing another vehicle with
a gross vehicle weight rating of 10,000 pounds or less.
(F) The operation of all vehicles covered under class C.
(3) Class C includes the following:
(A) Any two-axle vehicle with a gross vehicle weight rating of
26,000 pounds or less, including when the vehicle is towing a trailer
or semitrailer with a gross vehicle weight rating of 10,000 pounds
or less.
(B) Notwithstanding subparagraph (A), any two-axle vehicle
weighing 4,000 pounds or more unladen when towing a trailer coach not
exceeding 9,000 pounds gross.
(C) Any housecar.
(D) Any three-axle vehicle weighing 6,000 pounds or less gross.
(E) Any housecar or vehicle towing another vehicle with a gross
vehicle weight rating of 10,000 pounds or less, including when a tow
dolly is used. No vehicle shall tow another vehicle in violation of
Section 21715.
(F) (i) Any two-axle vehicle weighing 4,000 pounds or more unladen
when towing either a trailer coach or a fifth-wheel travel trailer
not exceeding 10,000 pounds gross vehicle weight rating, when the
towing of the trailer is not for compensation.
(ii) Any two-axle vehicle weighing 4,000 pounds or more unladen
when towing a fifth-wheel travel trailer exceeding 10,000 pounds, but
not exceeding 15,000 pounds, gross vehicle weight rating, when the
towing of the trailer is not for compensation, and if the person has
passed a specialized written examination provided by the department
relating to the knowledge of this code and other safety aspects
governing the towing of recreational vehicles upon the highway. The
authority to operate combinations of vehicles under this subparagraph
shall be granted by endorsement on a class C license upon completion
of that written examination.
(G) Class C does not include any two-wheel motorcycle or any
two-wheel motor-driven cycle.
(4) Class M1. Any two-wheel motorcycle. Authority to operate
vehicles included in a class M1 license may be granted by endorsement
on a class A, B, or C license upon completion of an appropriate
examination.
(5) Class M2. Any two-wheel motor-driven cycle, including, but
not limited to, a motorized bicycle or moped, or any bicycle with an
attached motor. Authority to operate vehicles included in class M2
may be granted by endorsement on a class A, B, or C license upon
completion of an appropriate examination. Persons holding a class M1
license or endorsement may operate vehicles included in class M2
without further examination.
(c) No driver's license or driver certificate shall be valid for
operating any commercial motor vehicle, as defined in subdivision (b)
of Section 15210, any other motor vehicle defined in paragraph (1)
or (2) of subdivision (b), or any other vehicle requiring a driver to
hold any driver certificate or any driver's license endorsement
under Section 15275, unless a medical certificate approved by the
department, the Federal Highway Administration, or the Federal
Aviation Administration, which has been issued within two years of
the date of the operation of that vehicle, is within the licensee's
immediate possession, and a copy of the medical examination report
from which the certificate was issued is on file with the department.
Otherwise the license shall be valid only for operating class C
vehicles which are not commercial vehicles, as defined in subdivision
(b) of Section 15210, and for operating class M1 or M2 vehicles, if
so endorsed, which are not commercial vehicles, as defined in
subdivision (b) of Section 15210.
(d) A license or driver certificate issued prior to the enactment
of Chapter 7 (commencing with Section 15200) shall be valid to
operate the class or type of vehicles specified under the law in
existence prior to that enactment until the license or certificate
expires or is otherwise suspended, revoked, or canceled.
(e) The department may accept a certificate of driving skill that
is issued by an employer, authorized by the department to issue a
certificate under Section 15250, of the applicant, in lieu of a
driving test, on class A or B applications, if the applicant has
first qualified for a class C license and has met the other
examination requirements for the license for which he or she is
applying. The certificate may be submitted as evidence of the
applicant's skill in the operation of the types of equipment covered
by the license for which he or she is applying.
(f) The department may accept a certificate of competence in lieu
of a driving test on class M1 or M2 applications, when the
certificate is issued by a law enforcement agency for its officers
who operate class M1 or M2 vehicles in their duties, if the applicant
has met the other examination requirements for the license for which
he or she is applying.
(g) The department may accept a certificate of satisfactory
completion of a novice motorcyclist training program approved by the
commissioner pursuant to Section 2932 in lieu of a driving test on
class M1 or M2 applications, if the applicant has met the other
examination requirements for the license for which he or she is
applying. The department shall review and approve the written and
driving test used by a program to determine whether the program may
issue a certificate of completion.
(h) Notwithstanding subdivision (b), any person holding a valid
California driver's license of any class may operate a short-term
rental motorized bicycle without taking any special examination for
the operation of a motorized bicycle, and without having a class M2
endorsement on that license. As used in this paragraph, "short-term"
means 48 hours or less.
(i) No person under the age of 21 years shall be issued a class M1
or M2 license or endorsement unless he or she provides evidence
satisfactory to the department of completion of a motorcycle safety
training program that is operated pursuant to Article 2 (commencing
with Section 2930) of Chapter 5 of Division 2.
(j) Drivers of vanpool vehicles may operate with class C licenses
but shall possess evidence of a medical examination required for a
class B license when operating vanpool vehicles. In order to be
eligible to drive the vanpool vehicle, the driver shall keep in the
vanpool vehicle a statement, signed under penalty of perjury, that he
or she has not been convicted of reckless driving, drunk driving, or
a hit and run offense in the last five years.
(k) During the implementation of this section, from January 1,
1989, through December 31, 1992, provisions of this code pertaining
to persons holding class 1, 2, 3, or 4 licenses pursuant to Section
12804, shall apply to persons holding class A, B, C, M1, or M2
licenses pursuant to this section, to the extent that class A, B, C,
M1, or M2 vehicles under this section fall within the definition of
class 1, 2, 3, or 4 vehicles under Section 12804.
(l) A class M license issued between January 1, 1989, and December
31, 1992, shall permit the holder to operate any motorcycle,
motor-driven cycle, or motorized bicycle until the expiration of the
license.
SEC. 13.5. Section 12804.9 of the Vehicle Code is amended to read:
12804.9. (a) (1) The examination shall include all of the
following:
(A) A test of the applicant's knowledge and understanding of the
provisions of this code governing the operation of vehicles upon the
highways.
(B) A test of the applicant's ability to read and understand
simple English used in highway traffic and directional signs.
(C) A test of the applicant's understanding of traffic signs and
signals, including the bikeway signs, markers, and traffic control
devices established by the Department of Transportation.
(D) An actual demonstration of the applicant's ability to exercise
ordinary and reasonable control in operating a motor vehicle by
driving it under the supervision of an examining officer. The
applicant shall submit to an examination appropriate to the type of
motor vehicle or combination of vehicles he or she desires a license
to drive, except that the department may waive the driving test part
of the examination of any applicant who holds a valid license issued
by another state, territory, or possession of the United States, the
District of Columbia, or the Commonwealth of Puerto Rico. The
examining officer may request to see evidence of financial
responsibility for the vehicle prior to supervising the demonstration
of the applicant's ability to operate the vehicle. The examining
officer may refuse to examine an applicant who is unable to provide
proof of financial responsibility for the vehicle, unless proof of
financial responsibility is not required by this code.
(E) A test of the hearing and eyesight of the applicant, and of
other matters that may be necessary to determine the applicant's
mental and physical fitness to operate a motor vehicle upon the
highways, and whether any ground exists for refusal of a license
under this code.
(2) The examination for a class A or class B license under
subdivision (b) shall also include a report of a medical examination
of the applicant given not more than two years prior to the date of
the application by a health care professional. As used in this
subdivision, "health care professional" means a person who is
licensed, certified, or registered in accordance with applicable
state laws and regulations to practice medicine and perform physical
examinations in the United States of America. Health care
professionals are doctors of medicine, doctors of osteopathy,
physician assistants, and advanced practice nurses, or doctors of
chiropractic who are clinically competent to perform the medical
examination presently required of motor carrier drivers by the
Federal Highway Administration. The report shall be on a form
approved by the department, the Federal Highway Administration, or
the Federal Aviation Administration. In establishing the
requirements, consideration may be given to the standards presently
required of motor carrier drivers by the Federal Highway
Administration.
(3) Any physical defect of the applicant, which, in the opinion of
the department, is compensated for to ensure safe driving ability,
shall not prevent the issuance of a license to the applicant.
(b) Beginning on January 1, 1989, in accordance with the following
classifications, any applicant for a driver's license shall be
required to submit to an examination appropriate to the type of motor
vehicle or combination of vehicles the applicant desires a license
to drive:
(1) Class A includes the following:
(A) Any combination of vehicles, if any vehicle being towed has a
gross vehicle weight rating of more than 10,000 pounds.
(B) Any vehicle towing more than one vehicle.
(C) Any trailer bus.
(D) The operation of all vehicles under class B and class C.
(2) Class B includes the following:
(A) Any single vehicle with a gross vehicle weight rating of more
than 26,000 pounds.
(B) Any single vehicle with three or more axles, except any
three-axle vehicle weighing less than 6,000 pounds.
(C) Any bus except a trailer bus.
(D) Any farm labor vehicle.
(E) Any single vehicle with three or more axles or a gross vehicle
weight rating of more than 26,000 pounds towing another vehicle with
a gross vehicle weight rating of 10,000 pounds or less.
(F) The operation of all vehicles covered under class C.
(3) Class C includes the following:
(A) Any two-axle vehicle with a gross vehicle weight rating of
26,000 pounds or less, including when the vehicle is towing a trailer
or semitrailer with a gross vehicle weight rating of 10,000 pounds
or less.
(B) Notwithstanding subparagraph (A), any two-axle vehicle
weighing 4,000 pounds or more unladen when towing a trailer coach not
exceeding 9,000 pounds gross.
(C) Any housecar.
(D) Any three-axle vehicle weighing 6,000 pounds or less gross.
(E) Any housecar or vehicle towing another vehicle with a gross
vehicle weight rating of 10,000 pounds or less, including when a tow
dolly is used. No vehicle shall tow another vehicle in violation of
Section 21715.
(F) (i) Any two-axle vehicle weighing 4,000 pounds or more unladen
when towing either a trailer coach or a fifth-wheel travel trailer
not exceeding 10,000 pounds gross vehicle weight rating, when the
towing of the trailer is not for compensation.
(ii) Any two-axle vehicle weighing 4,000 pounds or more unladen
when towing a fifth-wheel travel trailer exceeding 10,000 pounds, but
not exceeding 15,000 pounds, gross vehicle weight rating, when the
towing of the trailer is not for compensation, and if the person has
passed a specialized written examination provided by the department
relating to the knowledge of this code and other safety aspects
governing the towing of recreational vehicles upon the highway. The
authority to operate combinations of vehicles under this subparagraph
shall be granted by endorsement on a class C license upon completion
of that written examination.
(G) Class C does not include any two-wheel motorcycle or any
two-wheel motor-driven cycle.
(4) Class M1. Any two-wheel motorcycle or motor-driven cycle.
Authority to operate vehicles included in a class M1 license may be
granted by endorsement on a class A, B, or C license upon completion
of an appropriate examination.
(5) Class M2. Any motorized bicycle or moped, or any bicycle with
an attached motor, except a motorized bicycle described in
subdivision (b) of Section 406. Authority to operate vehicles
included in class M2 may be granted by endorsement on a class A, B,
or C license upon completion of an appropriate examination. Persons
holding a class M1 license or endorsement may operate vehicles
included in class M2 without further examination.
(c) No driver's license or driver certificate shall be valid for
operating any commercial motor vehicle, as defined in subdivision (b)
of Section 15210, any other motor vehicle defined in paragraph (1)
or (2) of subdivision (b), or any other vehicle requiring a driver to
hold any driver certificate or any driver's license endorsement
under Section 15275, unless a medical certificate approved by the
department, the Federal Highway Administration, or the Federal
Aviation Administration, which has been issued within two years of
the date of the operation of that vehicle, is within the licensee's
immediate possession, and a copy of the medical examination report
from which the certificate was issued is on file with the department.
Otherwise the license shall be valid only for operating class C
vehicles which are not commercial vehicles, as defined in subdivision
(b) of Section 15210, and for operating class M1 or M2 vehicles, if
so endorsed, which are not commercial vehicles, as defined in
subdivision (b) of Section 15210.
(d) A license or driver certificate issued prior to the enactment
of Chapter 7 (commencing with Section 15200) shall be valid to
operate the class or type of vehicles specified under the law in
existence prior to that enactment until the license or certificate
expires or is otherwise suspended, revoked, or canceled.
(e) The department may accept a certificate of driving skill that
is issued by an employer, authorized by the department to issue a
certificate under Section 15250, of the applicant, in lieu of a
driving test, on class A or B applications, if the applicant has
first qualified for a class C license and has met the other
examination requirements for the license for which he or she is
applying. The certificate may be submitted as evidence of the
applicant's skill in the operation of the types of equipment covered
by the license for which he or she is applying.
(f) The department may accept a certificate of competence in lieu
of a driving test on class M1 or M2 applications, when the
certificate is issued by a law enforcement agency for its officers
who operate class M1 or M2 vehicles in their duties, if the applicant
has met the other examination requirements for the license for which
he or she is applying.
(g) The department may accept a certificate of satisfactory
completion of a novice motorcyclist training program approved by the
commissioner pursuant to Section 2932 in lieu of a driving test on
class M1 or M2 applications, if the applicant has met the other
examination requirements for the license for which he or she is
applying. The department shall review and approve the written and
driving test used by a program to determine whether the program may
issue a certificate of completion.
(h) Notwithstanding subdivision (b), any person holding a valid
California driver's license of any class may operate a short-term
rental motorized bicycle without taking any special examination for
the operation of a motorized bicycle, and without having a class M2
endorsement on that license. As used in this paragraph, "short-term"
means 48 hours or less.
(i) No person under the age of 21 years shall be issued a class M1
or M2 license or endorsement unless he or she provides evidence
satisfactory to the department of completion of a motorcycle safety
training program that is operated pursuant to Article 2 (commencing
with Section 2930) of Chapter 5 of Division 2.
(j) Drivers of vanpool vehicles may operate with class C licenses
but shall possess evidence of a medical examination required for a
class B license when operating vanpool vehicles. In order to be
eligible to drive the vanpool vehicle, the driver shall keep in the
vanpool vehicle a statement, signed under penalty of perjury, that he
or she has not been convicted of reckless driving, drunk driving, or
a hit and run offense in the last five years.
(k) During the
implementation of this section, from January 1, 1989, through
December 31, 1992, provisions of this code pertaining to persons
holding class 1, 2, 3, or 4 licenses pursuant to Section 12804, shall
apply to persons holding class A, B, C, M1, or M2 licenses pursuant
to this section, to the extent that class A, B, C, M1, or M2 vehicles
under this section fall within the definition of class 1, 2, 3, or 4
vehicles under Section 12804.
(l) A class M license issued between January 1, 1989, and December
31, 1992, shall permit the holder to operate any motorcycle,
motor-driven cycle, or motorized bicycle until the expiration of the
license.
SEC. 14. Section 12804.13 of the Vehicle Code is amended to read:
12804.13. (a) The department may issue a restricted class A
driver's license for the operation of any two-axle vehicle weighing
4,000 pounds or more unladen when towing a recreational boat trailer
exceeding 10,000 pounds but not exceeding 15,000 pounds gross vehicle
weight rating or gross vehicle weight, if all of the following
conditions are met:
(1) The combination of vehicles is used to transport a boat for
recreational purposes or to and from a place of repair.
(2) The combination of vehicles is not used in the operations of a
common or contract carrier or in the course of any business
endeavor.
(3) The towing of the trailer is not for compensation.
(4) The combination of vehicles and its load are not of a size
that requires a permit pursuant to Section 35780.
(5) The combination of vehicles is operated by a driver possessing
a valid driver's license.
(6) The combination of vehicles does not exceed 26,000 pounds
gross vehicle weight rating.
(b) In lieu of a report of a medical examination required by
Section 12804.9, an applicant for a restricted license issued
pursuant to subdivision (a) shall, upon application and every two
years thereafter, submit medical information on a form approved by
the department.
(c) This section shall remain in effect only until January 1,
1997, and as of that date is repealed, unless a later enacted
statute, which is enacted on or before January 1, 1997, deletes or
extends that date.
SEC. 15. Section 12804.14 of the Vehicle Code is amended to read:
12804.14. (a) The department may issue a restricted class A
driver's license for the operation of any two-axle vehicle weighing
4,000 pounds or more unladen when towing a livestock trailer not
exceeding 15,000 pounds gross vehicle weight rating or gross vehicle
weight, if all of the following conditions are met:
(1) The vehicle is controlled and operated by a farmer.
(2) The vehicle is used to transport livestock to or from a farm.
(3) The vehicle is not used in the operations of a common or
contract carrier.
(4) The vehicle is used within 150 miles of the person's farm.
(b) The requirements of subdivision (a) incorporate the guidelines
published by the Federal Highway Administration in the Federal
Register on September 26, 1988 (53 FR 37313). The department shall
follow those guidelines in acting pursuant to this section as those
guidelines now exist and as they are hereafter amended.
(c) In lieu of a report of a medical examination required by
Sections 12804 and 12804.9, a licensed California driver applying for
a restricted license issued pursuant to subdivision (a) shall, upon
application and every two years thereafter, submit medical
information on a form approved by the department.
SEC. 16. Section 12814.5 of the Vehicle Code is amended to read:
12814.5. (a) The director may establish a program to evaluate the
traffic safety and other effects of renewing driver's licenses by
mail. The director may renew by mail driver's licenses for licensees
not holding a probationary license, and whose records, for the two
years immediately preceding the determination of eligibility for the
renewal, show no notification of a violation of subdivision (a) of
Section 40509, a total violation point count not greater than one as
determined in accordance with Section 12810, no suspension of the
driving privilege pursuant to Section 13353.2, and no refusal to
submit to or complete chemical testing pursuant to Section 13353 or
13353.1.
(b) The director may terminate the renewal by mail program
authorized by this section at any time the department determines that
the program has an adverse impact on traffic safety.
(c) No renewal by mail shall be granted to any person who is 70
years of age or older.
(d) The department shall charge a fee of twelve dollars ($12) for
each noncommercial license renewal and twenty-seven dollars ($27) for
each commercial license or noncommercial firefighter license renewal
granted pursuant to subdivision (a).
(e) The department shall notify each licensee granted a renewal by
mail pursuant to this section of major changes to the Vehicle Code
affecting traffic laws occurring during the prior four-year period.
(f) The department shall not renew a driver's license by mail if
the license has been previously renewed by mail two consecutive times
for four-year periods.
SEC. 17. Section 13353.8 of the Vehicle Code is amended to read:
13353.8. (a) Notwithstanding any other provision of law, after
the department has issued an order suspending or delaying driving
privileges as a result of a violation of subdivision (a) of Section
23136, the department, upon petition of the person affected, may
review the order and may impose restrictions on the person's
privilege to drive based upon a showing of a critical need to drive.
(b) As used in this section, "critical need to drive" means the
circumstances which are required to be shown for the issuance of a
junior permit pursuant to Section 12513.
(c) The restriction shall be imposed not earlier than the 31st day
after the date the order of suspension became effective and shall
remain in effect for the balance of the period of suspension or
restriction in this section.
SEC. 18. Section 14601 of the Vehicle Code, as amended by Section
7 of Chapter 1133 of the Statutes of 1994, is amended to read:
14601. (a) No person shall drive a motor vehicle at any time when
that person's driving privilege is suspended or revoked for reckless
driving in violation of Section 23103 or 23104, any reason listed in
subdivision (a) or (c) of Section 12806 authorizing the department
to refuse to issue a license, negligent or incompetent operation of a
motor vehicle as prescribed in subdivision (e) of Section 12809, or
negligent operation as prescribed in Section 12810, if the person so
driving has knowledge of the suspension or revocation. Knowledge
shall be conclusively presumed if mailed notice has been given by the
department to the person pursuant to Section 13106. The presumption
established by this subdivision is a presumption affecting the
burden of proof.
(b) Any person convicted under this section shall be punished as
follows:
(1) Upon a first conviction, by imprisonment in the county jail
for not less than five days or more than six months and by fine of
not less than three hundred dollars ($300) or more than one thousand
dollars ($1,000).
(2) If the offense occurred within five years of a prior offense
which resulted in a conviction of a violation of this section or
Section 14601.1, 14601.2, or 14601.5, by imprisonment in the county
jail for not less than 10 days or more than one year and by fine of
not less than five hundred dollars ($500) or more than two thousand
dollars ($2,000).
(c) If the offense occurred within five years of a prior offense
which resulted in a conviction of a violation of this section or
Section 14601.1, 14601.2, or 14601.5, and is granted probation, the
court shall impose as a condition of probation that the person be
confined in the county jail for at least 10 days.
(d) Nothing in this section prohibits a person from driving a
motor vehicle, which is owned or utilized by the person's employer,
during the course of employment on private property which is owned or
utilized by the employer, except an offstreet parking facility as
defined in subdivision (d) of Section 12500.
SEC. 19. Section 14601.1 of the Vehicle Code, as amended by
Section 8 of Chapter 1133 of the Statutes of 1994, is amended to
read:
14601.1. (a) No person shall drive a motor vehicle when his or
her driving privilege is suspended or revoked for any reason other
than those listed in Section 14601, 14601.2, or 14601.5, if the
person so driving has knowledge of the suspension or revocation.
Knowledge shall be conclusively presumed if mailed notice has been
given by the department to the person pursuant to Section 13106. The
presumption established by this subdivision is a presumption
affecting the burden of proof.
(b) Any person convicted under this section shall be punished as
follows:
(1) Upon a first conviction, by imprisonment in the county jail
for not more than six months or by a fine of not less than three
hundred dollars ($300) or more than one thousand dollars ($1,000), or
by both that fine and imprisonment.
(2) If the offense occurred within five years of a prior offense
which resulted in a conviction of a violation of this section or
Section 14601, 14601.2, or 14601.5, by imprisonment in the county
jail for not less than five days or more than one year and by a fine
of not less than five hundred dollars ($500) or more than two
thousand dollars ($2,000).
(c) Nothing in this section prohibits a person from driving a
motor vehicle, which is owned or utilized by the person's employer,
during the course of employment on private property which is owned or
utilized by the employer, except an offstreet parking facility as
defined in subdivision (d) of Section 12500.
SEC. 20. Section 14601.2 of the Vehicle Code, as amended by
Section 9 of Chapter 1133 of the Statutes of 1994, is amended to
read:
14601.2. (a) No person shall drive a motor vehicle at any time
when that person's driving privilege is suspended or revoked for a
conviction of a violation of Section 23152 or 23153, if the person
so driving has knowledge of the suspension or revocation.
(b) Except in full compliance with the restriction, no person
shall drive a motor vehicle at any time when that person's driving
privilege is restricted pursuant to Article 2 (commencing with
Section 23152) of Chapter 12 of Division 11, if the person so driving
has knowledge of the restriction.
(c) Knowledge of suspension or revocation of the driving privilege
shall be conclusively presumed if mailed notice has been given by
the department to the person pursuant to Section 13106. Knowledge of
restriction of the driving privilege shall be presumed if notice has
been given by the court to the person. The presumption established
by this subdivision is a presumption affecting the burden of proof.
(d) Any person convicted of a violation of this section shall be
punished as follows:
(1) Upon a first conviction, by imprisonment in the county jail
for not less than 10 days or more than six months and by a fine of
not less than three hundred dollars ($300) or more than one thousand
dollars ($1,000), unless the person has been designated an habitual
traffic offender under subdivision (b) of Section 23170 or
subdivision (b) of Section 23175, in which case the person shall, in
addition, be sentenced as provided in paragraph (3) of subdivision
(e) of Section 14601.3.
(2) If the offense occurred within five years of a prior offense
which resulted in a conviction of a violation of this section or
Section 14601, 14601.1, or 14601.5, by imprisonment in the county
jail for not less than 30 days or more than one year and by a fine of
not less than five hundred dollars ($500) or more than two thousand
dollars ($2,000), unless the person has been designated an habitual
traffic offender under subdivision (b) of Section 23170 or
subdivision (b) of Section 23175, in which case the person shall, in
addition, be sentenced as provided in paragraph (3) of subdivision
(e) of Section 14601.3.
(e) If any person is convicted of a first offense under this
section and is granted probation, the court shall impose as a
condition of probation that the person be confined in the county jail
for at least 10 days.
(f) If the offense occurred within five years of a prior offense
which resulted in a conviction of a violation of this section or
Section 14601, 14601.1, or 14601.5 and is granted probation, the
court shall impose as a condition of probation that the person be
confined in the county jail for at least 30 days.
(g) If any person is convicted of a second or subsequent offense
which results in a conviction of this section within seven years, but
over five years, of a prior offense which resulted in a conviction
of a violation of this section or Section 14601, 14601.1, or 14601.5
and is granted probation, the court shall impose as a condition of
probation that the person be confined in the county jail for at least
10 days.
(h) Nothing in this section prohibits a person who is
participating in, or has completed, an alcohol or drug rehabilitation
program from driving a motor vehicle, which is owned or utilized by
the person's employer, during the course of employment on private
property which is owned or utilized by the employer, except an
offstreet parking facility as defined in subdivision (d) of Section
12500.
SEC. 21. Section 21053 of the Vehicle Code is amended to read:
21053. This code, except Chapter 1 (commencing with Section
30000) of Division 10, Article 2 (commencing with Section 23152) of
Chapter 12 of Division 11, and Sections 25268 and 25269, does not
apply to public employees and publicly owned teams, motor vehicles,
and other equipment while actually engaged in work upon the surface
of a highway, or work of installation, removal, repairing, or
maintaining official traffic control devices. This code does apply
to those persons and vehicles when traveling to or from their work.
SEC. 22. Section 22349 of the Vehicle Code is amended to read:
22349. (a) Except as provided in Section 22356, no person shall
drive a vehicle upon a highway at a speed greater than 55 miles per
hour.
(b) This section shall remain in effect only until the date
specified in subdivision (c) of Section 22366, and as of that date is
repealed.
SEC. 23. Section 22349 is added to the Vehicle Code, to read:
22349. (a) Except as provided in Section 22356, no person shall
drive a vehicle upon a highway at a speed greater than 65 miles per
hour.
(b) This section shall become operative on the date specified in
subdivision (c) of Section 22366.
SEC. 24. Section 22354 of the Vehicle Code is amended to read:
22354. (a) Whenever the Department of Transportation determines
upon the basis of an engineering and traffic survey that the limit of
55 miles per hour is more than is reasonable or safe upon any
portion of a state highway where the limit of 55 miles is applicable,
the department may determine and declare a prima facie speed limit
of 50, 45, 40, 35, 30 or 25 miles per hour, whichever is found most
appropriate to facilitate the orderly movement of traffic and is
reasonable and safe, which declared prima facie speed limit shall be
effective when appropriate signs giving notice thereof are erected
upon the highway.
(b) This section shall remain in effect only until the date
specified in subdivision (c) of Section 22366, and as of that date is
repealed.
SEC. 25. Section 22354 is added to the Vehicle Code, to read:
22354. (a) Whenever the Department of Transportation determines
upon the basis of an engineering and traffic survey that the limit of
65 miles per hour is more than is reasonable or safe upon any
portion of a state highway where the limit of 65 miles is applicable,
the department may determine and declare a prima facie speed limit
of 60, 55, 50, 45, 40, 35, 30 or 25 miles per hour, whichever is
found most appropriate to facilitate the orderly movement of traffic
and is reasonable and safe, which declared prima facie speed limit
shall be effective when appropriate signs giving notice thereof are
erected upon the highway.
(b) This section shall become operative on the date specified in
subdivision (c) of Section 22366.
SEC. 26. Section 22356 of the Vehicle Code is amended to read:
22356. (a) Whenever the Department of Transportation, after
consultation with the Department of the California Highway Patrol,
determines upon the basis of an engineering and traffic survey on
existing highway segments, or upon the basis of appropriate design
standards and projected traffic volumes in the case of newly
constructed highway segments, that a speed greater than 55 miles per
hour would facilitate the orderly movement of vehicular traffic and
would be reasonable and safe upon any state highway, or portion
thereof, that is otherwise subject to a maximum speed limit of 55
miles per hour, the Department of Transportation, with the approval
of the Department of the California Highway Patrol, may declare a
higher maximum speed of 60 or 65 miles per hour for vehicles not
subject to Section 22406, and shall cause appropriate signs to be
erected giving notice thereof. The Department of Transportation
shall only make a determination under this section that is fully
consistent with, and in full compliance with, federal law.
(b) No person shall drive a vehicle upon that highway at a speed
greater than 60 or 65 miles per hour, as posted.
(c) This section shall remain in effect only until the date
specified in subdivision (c) of Section 22366, and as of that date is
repealed.
SEC. 27. Section 22356 is added to the Vehicle Code, to read:
22356. (a) Whenever the Department of Transportation, after
consultation with the Department of the California Highway Patrol,
determines upon the basis of an engineering and traffic survey on
existing highway segments, or upon the basis of appropriate design
standards and projected traffic volumes in the case of newly
constructed highway segments, that a speed greater than 65 miles per
hour would facilitate the orderly movement of vehicular traffic and
would be reasonable and safe upon any state highway, or portion
thereof, that is otherwise subject to a maximum speed limit of 65
miles per hour, the Department of Transportation, with the approval
of the Department of the California Highway Patrol, may declare a
higher maximum speed of 70 miles per hour for vehicles not subject to
Section 22406, and shall cause appropriate signs to be erected
giving notice thereof. The Department of Transportation shall only
make a determination under this section that is fully consistent
with, and in full compliance with, federal law.
(b) No person shall drive a vehicle upon that highway at a speed
greater than 70 miles per hour, as posted.
(c) This section shall become operative on the date specified in
subdivision (c) of Section 22366.
SEC. 28. Section 22357 of the Vehicle Code is amended to read:
22357. (a) Whenever a local authority determines upon the basis
of an engineering and traffic survey that a speed greater than 25
miles per hour would facilitate the orderly movement of vehicular
traffic and would be reasonable and safe upon any street other than a
state highway otherwise subject to a prima facie limit of 25 miles
per hour, the local authority may by ordinance determine and declare
a prima facie speed limit of 30, 35, 40, 45, or 50 miles per hour or
a maximum speed limit of 55 miles per hour, whichever is found most
appropriate to facilitate the orderly movement of traffic and is
reasonable and safe. The declared prima facie or maximum speed limit
shall be effective when appropriate signs giving notice thereof are
erected upon the street and shall not thereafter be revised except
upon the basis of an engineering and traffic survey. This section
does not apply to any 25-mile-per-hour prima facie limit which is
applicable when passing a school building or the grounds thereof or
when passing a senior center or other facility primarily used by
senior citizens.
(b) This section shall remain in effect only until the date
specified in subdivision (c) of Section 22366, and as of that date is
repealed.
SEC. 29. Section 22357 is added to the Vehicle Code, to read:
22357. (a) Whenever a local authority determines upon the basis
of an engineering and traffic survey that a speed greater than 25
miles per hour would facilitate the orderly movement of vehicular
traffic and would be reasonable and safe upon any street other than a
state highway otherwise subject to a prima facie limit of 25 miles
per hour, the local authority may by ordinance determine and declare
a prima facie speed limit of 30, 35, 40, 45, 50, 55, or 60 miles per
hour or a maximum speed limit of 65 miles per hour, whichever is
found most appropriate to facilitate the orderly movement of traffic
and is reasonable and safe. The declared prima facie or maximum
speed limit shall be effective when appropriate signs giving notice
thereof are erected upon the street and shall not thereafter be
revised except upon the basis of an engineering and traffic survey.
This section does not apply to any 25-mile-per-hour prima facie limit
which is applicable when passing a school building or the grounds
thereof or when passing a senior center or other facility primarily
used by senior citizens.
(b) This section shall become operative on the date specified in
subdivision (c) of Section 22366.
SEC. 30. Section 22358 of the Vehicle Code is amended to read:
22358. (a) Whenever a local authority determines upon the basis
of an engineering and traffic survey that the limit of 55 miles per
hour is more than is reasonable or safe upon any portion of any
street other than a state highway where the limit of 55 miles per
hour is applicable, the local authority may by ordinance determine
and declare a prima facie speed limit of 50, 45, 40, 35, 30, or 25
miles per hour, whichever is found most appropriate to facilitate the
orderly movement of traffic and is reasonable and safe, which
declared prima facie limit shall be effective when appropriate signs
giving notice thereof are erected upon the street.
(b) This section shall remain in effect only until the date
specified in subdivision (c) of Section 22366, and as of that date is
repealed.
SEC. 31. Section 22358 is added to the Vehicle Code, to read:
22358. (a) Whenever a local authority determines upon the basis
of an engineering and traffic survey that the limit of 65 miles per
hour is more than is reasonable or safe upon any portion of any
street other than a state highway where the limit of 65 miles per
hour is applicable, the local authority may by ordinance determine
and declare a prima facie speed limit of 60, 55, 50, 45, 40, 35, 30,
or 25 miles per hour, whichever is found most appropriate to
facilitate the orderly movement of traffic and is reasonable and
safe, which declared prima facie limit shall be effective when
appropriate signs giving notice thereof are erected upon the street.
(b) This section shall become operative on the date specified in
subdivision (c) of Section 22366.
SEC. 32. Section 22360 of the Vehicle Code is amended to read:
22360. (a) Whenever a local authority determines upon the basis
of an engineering and traffic survey that the limit of 55 miles per
hour is more than is reasonable or safe upon any portion of a highway
other than a state highway for a distance of not exceeding 2,000
feet in length between districts, either business or residence, the
local authority may determine and declare a reasonable and safe prima
facie limit thereon lower than 55 miles per hour, but not less than
25 miles per hour, which declared prima facie speed limit shall be
effective when appropriate signs giving notice thereof are erected
upon the street or highway.
(b) This section shall remain in effect only until the date
specified in subdivision (c) of Section 22366, and as of that date is
repealed.
SEC. 33. Section 22360 is added to the Vehicle Code, to read:
22360. (a) Whenever a local authority determines upon the basis
of an engineering and traffic survey that the limit of 65 miles per
hour is more than is reasonable or safe upon any portion of a highway
other than a state highway for a distance of not exceeding 2,000
feet in length between districts, either business or residence, the
local authority may determine and declare a reasonable and safe prima
facie limit thereon lower than 65 miles per hour, but not less than
25 miles per hour, which declared prima facie speed limit shall be
effective when appropriate signs giving notice thereof are erected
upon the street or highway.
(b) This section shall become operative on the date specified in
subdivision (c) of Section 22366.
SEC. 34. Section 22366 is added to the Vehicle Code, to read:
22366. (a) Whenever the Director of Transportation determines the
date upon which the state may establish a maximum speed limit of 65
miles per hour on highways without subjecting the state to a
reduction in the amount of federal aid for highways, the director
shall notify the Secretary of State of that determination.
(b) The notice required under subdivision (a) shall state that it
is being made pursuant to this section.
(c) The notice shall specify a date which is either the date
determined pursuant to subdivision (a), or a later date designated by
the director.
SEC. 35. Section 23116 of the Vehicle Code is amended to read:
23116. (a) No person driving a pickup truck or a flatbed
motortruck on a highway shall transport any person in or on the back
of the truck.
(b) No person shall ride in or on the back of a truck or flatbed
motortruck being driven on a highway.
(c) Subdivisions (a) and (b) do not apply if the person in the
back of the truck is secured with a restraint system. The restraint
system shall meet or exceed the federal motor vehicle safety
standards published in Sections 571.207, 571.209, and 571.210 of
Title 49 of the Code of Federal Regulations.
(d) Subdivisions (a), (b), and (c) do not apply if the person in
the back of the truck or the flatbed is being transported in an
emergency response situation by a public agency or pursuant to the
direction or authority of a public agency.
As used in this subdivision, "emergency response situation" means
instances in which necessary measures are needed in order to prevent
injury or death to persons or to prevent, confine, or mitigate damage
or destruction to property.
(e) Subdivisions (a) and (b) do not apply if the person in the
back of the truck is being transported in an enclosed camper or
camper shell that prevents the person from being discharged.
(f) This section does not affect requirements imposed by the Labor
Code or by any other state or federal law or regulation regarding
the transportation of employees in a motortruck.
(g) Subdivisions (a) and (b) not apply if the person in the back
of the truck or flatbed motortruck is being transported in a parade
that is supervised by a law enforcement agency and the speed of the
truck while in the parade does not exceed eight miles per hour.
SEC. 36. Section 24607 of the Vehicle Code is amended to read:
24607. Every vehicle subject to registration under this code
shall at all times be equipped with red reflectors mounted on the
rear as follows:
(a) Every vehicle shall be equipped with at least one reflector so
maintained as to be plainly visible at night from all distances
within 350 to 100 feet from the vehicle when directly in front of the
lawful upper headlamp beams.
(b) Every vehicle, other than a motorcycle, manufactured and first
registered on or after January 1, 1965, shall be equipped with at
least two reflectors meeting the visibility requirements of
subdivision (a), except that trailers and semitrailers manufactured
after July 23, 1973, which are less than 30 inches wide, may be
equipped with one reflector which shall be mounted at or near the
vertical centerline of the trailer. If the vehicle is equipped with
two reflectors, they shall be mounted as specified in subdivision
(d).
(c) Every motortruck having an unladen weight of more than 5,000
pounds, every trailer coach, every camp trailer, every vehicle, or
vehicle at the end of a combination of vehicles, subject to
subdivision (a) of Section 22406, and every vehicle 80 or more inches
in width manufactured on or after January 1, 1969, shall be equipped
with at least two reflectors maintained so as to be plainly visible
at night from all distances within 600 feet to 100 feet from the
vehicle when directly in front of lawful upper headlamp beams.
(d) When more than one reflector is required, at least one shall
be mounted at the left side and one at the right side, respectively,
at the same level. Required reflectors shall be mounted not lower
than 15 inches nor higher than 60 inches, except that a tow truck, in
addition to being equipped with the required reflectors, may also be
equipped with two reflectors which may be mounted not lower than 15
inches nor higher than the maximum allowable vehicle height and as
far forward as the rearmost portion of the driver's seat in the
rearmost position. Additional reflectors of a type meeting
requirements established by the department may be mounted at any
height.
(e) Reflectors on truck tractors may be mounted on the rear of the
cab. Any reflector installed on a vehicle as part of its original
equipment prior to January 1, 1941, need not meet the requirements of
the department provided it meets the visibility requirements of
subdivision (a).
(f) Area reflectorizing material may be used in lieu of the
reflectors required or permitted in subdivisions (a), (b), (c), (d),
and (e), provided each installation is of sufficient size to meet the
photometric requirement for those reflectors.
SEC. 37. Section 24611 is added to the Vehicle Code, to read:
24611. Trailers that are equipped with red and white reflective
sheeting or reflectors on both the sides and rear and displayed in
accordance with federal Motor Vehicle Safety Standard regulations (49
C.F.R. 571.108) for trailers with a width of 80 inches or more and
having a gross vehicle weight rating of over 10,000 pounds need not
be equipped with the reflectors required by Section 24607 or 24608.
SEC. 38. Section 25950 of the Vehicle Code is amended to read:
25950. This section applies to the color of lamps and to any
reflector exhibiting or reflecting perceptible light of 0.05 candela
or more per foot-candle of incident illumination. Unless provided
otherwise, the color of lamps and reflectors upon a vehicle shall be
as follows:
(a) The emitted light from all lamps and the reflected light from
all reflectors, visible from in front of a vehicle, shall be white or
yellow, except as follows:
(1) Rear side marker lamps required by Section 25100 may show red
to the front.
(2) The color of foglamps described in Section 24403 may be in the
color spectrum from white to yellow.
(b) The emitted light from all lamps and the reflected light from
all reflectors, visible from the rear of a vehicle, shall be red
except as follows:
(1) Stoplamps on vehicles manufactured before January 1, 1979, may
show yellow to the rear.
(2) Turn signal lamps may show yellow to the rear.
(3) Front side marker lamps required by Section 25100 may show
yellow to the rear.
(4) Backup lamps shall show white to the rear.
(5) The rearward facing portion of any front-mounted double-faced
turn signal lamp may show amber to the rear while the headlamps or
parking lamps are lighted, if the intensity of the light emitted is
not greater than the parking lamps and the turn signal function is
not impaired.
(6) Reflectors meeting the requirements of and installed in
accordance with Section 24611 shall be red or white, or both.
(c) All lamps and reflectors visible from the front, sides, or
rear of a vehicle, except headlamps, may have any unlighted color,
provided the emitted light from all lamps or reflected light from all
reflectors complies with the required color. Except for backup
lamps, the entire effective projected luminous area of lamps visible
from the rear or mounted on the sides near the rear of a vehicle
shall be covered by an inner lens of the required color when the
unlighted color differs from the required emitted light color.
Taillamps, stoplamps, and turn signal lamps that are visible to the
rear may be white when unlighted on vehicles manufactured before
January 1, 1974.
SEC. 39. Section 34500 of the Vehicle Code is amended to read:
34500. The department shall regulate the safe operation of the
following vehicles:
(a) Motortrucks of three or more axles which are more than 10,000
pounds gross vehicle weight rating.
(b) Truck tractors.
(c) Buses, schoolbuses, school pupil activity buses, youth buses,
and general public paratransit vehicles.
(d) Trailers and semitrailers designed or used for the
transportation of more than 10 persons, and the towing motor vehicle.
(e) Trailers and semitrailers, pole or pipe dollies, auxiliary
dollies, and logging dollies used in combination with vehicles listed
in subdivision (a), (b), (c), or (d). This subdivision does not
include camp trailers, trailer coaches, and utility trailers.
(f) Any combination of a motortruck and any vehicle or vehicles
set forth in subdivision (e) that exceeds 40 feet in length when
coupled together.
(g) Any truck, or any combination of a truck and any other
vehicle, transporting hazardous materials.
(h) Manufactured homes which, when moved upon the highway, are
required to be moved under a permit as specified in Section 35780 or
35790.
(i) A park trailer, as described in subdivision (b) of Section
18010 of the Health and Safety Code, which, when moved upon a
highway, is required to be moved under a permit pursuant to Section
35780.
(j) Any other motortruck not specified in subdivisions (a) to (h),
inclusive, or subdivision (k), that is regulated by the Public
Utilities Commission or the Interstate Commerce Commission, but only
for matters relating to hours of service and logbooks of drivers.
(k) Any commercial motor vehicle with a gross vehicle weight
rating of 26,001 or more pounds or any commercial motor vehicle of
any gross vehicle weight rating towing any vehicle described in
subdivision (e) with a gross vehicle weight rating of more than
10,000 pounds, except combinations including camp trailers, trailer
coaches, or utility trailers.
SEC. 40. Section 35400 of the Vehicle Code is amended to read:
35400. (a) No vehicle shall exceed a length of 40 feet.
(b) This section does not apply to any of the following:
(1) A vehicle used in a combination of vehicles when the excess
length is caused by auxiliary parts, equipment, or machinery not used
as space to carry any part of the load, except that the combination
of vehicles shall not exceed the length provided for combination
vehicles.
(2) A vehicle when the excess length is caused by any parts
necessary to comply with the fender and mudguard regulations of this
code.
(3) An articulated bus or articulated trolley coach which does not
exceed a length of 60 feet.
(4) A semitrailer while being towed by a motortruck or truck
tractor, if the distance from the kingpin to the rearmost axle of the
semitrailer does not exceed 40 feet for semitrailers having two or
more axles, or 38 feet for semitrailers having one axle if the
semitrailer does not, exclusive of attachments, extend forward of the
rear of the cab of the motortruck or truck tractor.
(5) A bus when the excess length is caused by the projection of a
front safety bumper or a rear safety bumper, or both. The safety
bumper shall not cause the length of the vehicle to exceed the
maximum legal limit by more than one foot in the front and one foot
in the rear. For the purposes of this chapter, "safety bumper" means
any device which is fitted on an existing bumper or which replaces
the bumper and is constructed, treated, or manufactured to absorb
energy upon impact.
(6) A bus when the excess length is caused by a device, located in
front of the front axle, for lifting wheelchairs into the bus. That
device shall not cause the length of the bus to be extended by more
than 18 inches, inclusive of any front safety bumper.
(7) A bus when the excess length is caused by a device attached to
the rear of the bus designed and used exclusively for the
transporting of bicycles. This device may be up to 10 feet in
length, if the device, along with any other device permitted pursuant
to this section, does not cause the total length of the bus,
including any device or load, to exceed 50 feet.
(8) A bus operated by a public agency or a passenger stage
corporation, as defined in Section 226 of the Public Utilities Code,
used in transit system service, other than a schoolbus, when the
excess length is caused by a folding device attached to the front of
the bus which is designed and used exclusively for transporting
bicycles. The device, including any bicycles transported thereon,
shall be mounted in a manner that does not materially affect
efficiency or visibility of vehicle safety equipment, and shall not
extend more than 36 inches from the front of the bus when fully
deployed. The handlebars of a bicycle that is transported on a
device described in this paragraph shall not extend more than 42
inches from the front of the bus. A device described in this
paragraph may not be used on any bus which, exclusive of the device,
exceeds 40 feet in length or on any bus having a device attached to
the rear of the bus pursuant to paragraph (7).
(9) A bus of a length of up to 45 feet when operating on those
highways specified in subdivision (a) of Section 35401.5. The
Department of Transportation or local authorities, with respect to
highways under their respective jurisdictions, shall not deny
reasonable access to a bus of a length of up to 45 feet between the
highways specified in subdivision (a) of Section 35401.5 and points
of loading and unloading for motor carriers of passengers as required
by the federal Intermodal Surface Transportation Efficiency Act of
1991 (P.L. 102-240).
As used in this paragraph, "reasonable access" means access
substantially similar to that authorized for combinations of vehicles
pursuant to subdivision (c) of Section 35401.5 and access authorized
through a process substantially similar to that authorized for
combinations of vehicles pursuant to subdivision (d) of Section
35401.5.
(c) The Legislature, by increasing the maximum permissible kingpin
to rearmost axle distance to 40 feet effective January 1, 1987, as
provided in paragraph (4) of subdivision (b), does not intend this
action to be considered a precedent for any future increases in truck
size and length limitations.
SEC. 41. Section 40200.8 is added to the Vehicle Code, to read:
40200.8. The parking processing agency shall notify the
department and recall any hold on the registration of a vehicle that
it filed with the department in connection with a parking citation if
the processing agency is awarded a civil judgment for the citation
pursuant to subdivision (b) or (c) of Section 40220, or if the
processing agency has granted a review of the issuance of the
citation pursuant to Section 40200.7 or Section 40215.
SEC. 42. Section 10850 of the Welfare and Institutions Code is
amended to read:
10850. (a) Except as otherwise provided in this section, all
applications and records concerning any individual made or kept by
any public officer or agency in connection with the administration of
any provision of this code relating to any form of public social
services for which grants-in-aid are received by this state from the
United States government shall be confidential, and shall not be open
to examination for any purpose not directly connected with the
administration of that program, or any investigation, prosecution, or
criminal or civil proceeding conducted in connection with the
administration of any such program. The disclosure of any
information which identifies by name or address any applicant for or
recipient of these grants-in-aid to any committee or legislative body
is prohibited, except as provided in subdivision (b).
(b) Except as otherwise provided in this section, no person shall
publish or disclose or permit or cause to be published or disclosed
any list of persons receiving public social services. Any county
welfare department in this state may release lists of applicants for,
or recipients of, public social services, to any other county
welfare department or the State Department of Social Services, and
these lists or any other records shall be released when requested by
any county welfare department or the State Department of Social
Services. These lists or other records shall only be used for
purposes directly connected with the administration of public social
services. Except for those purposes, no person shall publish,
disclose, or use or permit or cause to be published, disclosed, or
used any confidential information pertaining to an applicant or
recipient.
Any county welfare department and the State Department of Social
Services shall provide any governmental entity which is authorized by
law to conduct an audit or similar activity in connection with the
administration of public social services, including any committee or
legislative body so authorized, with access to any public social
service applications and records described in subdivision (a) to the
extent of the authorization. Those committees, legislative bodies
and other entities may only request or use these records for the
purpose of investigating the administration of public social
services, and shall not disclose the identity of any applicant or
recipient except in the case of a criminal or civil proceeding
conducted in connection with the administration of public social
services.
However, this section shall not prohibit the furnishing of this
information to other public agencies to the extent required for
verifying eligibility or for other purposes directly connected with
the administration of public social services, or to county
superintendents of schools or superintendents of school districts
only as necessary for the administration of federally assisted
programs providing assistance in cash or in-kind or services directly
to individuals on the basis of need. Any person knowingly and
intentionally violating the provisions of this subdivision is guilty
of a misdemeanor.
(c) The State Department of Social Services may make rules and
regulations governing the custody, use, and preservation of all
records, papers, files, and communications pertaining to the
administration of the laws relating to public social services under
their jurisdiction. The rules and regulations shall be binding on all
departments, officials and employees of the state, or of any
political subdivision of the state and may provide for giving
information to or exchanging information with agencies, public or
political subdivisions of the state, and may provide for giving
information to or exchanging information with agencies, public or
private, which are engaged in planning, providing or securing social
services for or in behalf of recipients or applicants; and for making
case records available for research purposes, provided, that the
research will not result in the disclosure of the identity of
applicants for or recipients of public social services.
(d) Any person, including every public officer and employee, who
knowingly secures or possesses, other than in the course of official
duty, an official list or a list compiled from official sources,
published or disclosed in violation of this section, of persons who
have applied for or who have been granted any form of public social
services for which state or federal funds are made available to the
counties is guilty of a misdemeanor.
(e) This section shall not be construed to prohibit an employee of
a county welfare department from disclosing confidential information
concerning a public social services applicant or recipient to a
state or local law enforcement agency investigating or gathering
information regarding a criminal act committed in a welfare
department office, a criminal act against any county or state welfare
worker, or any criminal act witnessed by any county or state welfare
worker while involved in the administration of public social
services at any location. Further, this section shall not be
construed to prohibit an employee of a county welfare department from
disclosing confidential information concerning a public social
services applicant or recipient to a state or local law enforcement
agency investigating or gathering information regarding a criminal
act intentionally committed by the applicant or recipient against any
off-duty county or state welfare worker in retaliation for an act
performed in the course of the welfare worker's duty when the person
committing the offense knows or reasonably should know that the
victim is a state or county welfare worker. These criminal acts
shall include only those which are in violation of state or local
law. Disclosure of confidential information pursuant to this
subdivision shall be limited to the applicant's or recipient's name,
physical description, and address.
(f) The provisions of this section shall be operative only to the
extent permitted by federal law and shall not apply to, but exclude,
Chapter 7 (commencing with Section 14000) of this division, entitled
"Basic Health Care", and for which a grant-in-aid is received by the
state under Title XIX of the Social Security Act.
SEC. 43. Section 9.5 of this bill incorporates amendments to
Section 11713 of the Vehicle Code proposed by both this bill and AB
770. It shall only become operative if (1) both bills are enacted
and become effective on January 1, 1996, (2) each bill amends Section
11713 of the Vehicle Code, and (3) this bill is enacted after AB
770, in which case Section 9 of this bill shall not become operative.
SEC. 44. Section 13.5 of this bill incorporates amendments to
Section 12804.9 of the Vehicle Code proposed by both this bill and AB
1501. It shall only become operative if (1) both bills are enacted
and become effective on January 1, 1996, (2) each bill amends Section
12804.9 of the Vehicle Code, and (3) this bill is enacted after AB
1501, in which case Section 13 of this bill shall not become
operative.
SEC. 45. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution for certain
costs that may be incurred by a local agency or school district
because in that regard this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
However, notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
other costs mandated by the state, reimbursement to local agencies
and school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.