BILL NUMBER: AB 2132 CHAPTERED
BILL TEXT
CHAPTER 877
FILED WITH SECRETARY OF STATE SEPTEMBER 28, 1998
APPROVED BY GOVERNOR SEPTEMBER 26, 1998
PASSED THE ASSEMBLY AUGUST 29, 1998
PASSED THE SENATE AUGUST 26, 1998
AMENDED IN SENATE AUGUST 24, 1998
AMENDED IN SENATE AUGUST 18, 1998
AMENDED IN SENATE JULY 28, 1998
AMENDED IN SENATE JULY 7, 1998
AMENDED IN SENATE JUNE 22, 1998
AMENDED IN ASSEMBLY MAY 18, 1998
AMENDED IN ASSEMBLY APRIL 29, 1998
INTRODUCED BY Committee on Transportation (Murray (Chair), Brewer,
Cardenas, Figueroa, Lempert, Mazzoni, Napolitano, Perata, Runner,
Scott, Takasugi, Torlakson, Washington, and Wayne)
(Coauthors: Assembly Members Cedillo and Poochigian)
(Coauthors: Senators Hughes and Watson)
FEBRUARY 18, 1998
An act to amend Sections 21644.5, 21670.4, 21681, 99155.1,
99238.5, and 99401.5 of the Public Utilities Code, to amend Section
8352.3 of the Revenue and Taxation Code, to amend Sections 73, 163,
164.11, 164.16, 164.17, 164.18, 253.1, 253.3, 302, 319, 336, 525,
887.4, 892.2, 892.4, 893, 893.6, 2106, 2551, 2553, and 2602 of, to
add Section 407.1 to, and to repeal Sections 528 and 585 of, the
Streets and Highways Code, and to amend Sections 1663, 11107, 11211,
11302, 11405, 11503, 11604, 11703, 11806, 11902, 12523.6, 12804.9,
13364, 13365, 13369, 13370, 13371, 14910, 21053, 21101, 21104, 22500,
27315, 34501.12, 34510, 34631.5, 35702, 35712, 35714, 36101,
40002.1, 40509, 40509.1, and 40509.5 of, to add Sections 2420.5,
11312, 11413, and 21201.3 to, to repeal and add Section 9250 of, and
to repeal Sections 1656.5, 1660.5, 2420, 4000.5, and 9250.1 of, the
Vehicle Code, relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
AB 2132, Committee on Transportation. Transportation.
(1) The State Aeronautics Act governs the creation and operation
of airports in this state. The act defines the term "clear zones" by
reference to regulations of the Federal Aviation Administration.
The act defines "intercounty airport" to mean any airport bisected by
a county line through its runways, runway protection zones, inner
safety zones, inner turning zones, outer safety zones, or sideline
safety zones, as defined by an existing airport land use commission
in a specified comprehensive land use plan. The act defines "airport
and aviation purposes" to include the original installation or
erection of specified airport and aviation equipment and facilities.
This bill would change references to "clear zones" to "airport
protection zones," defined by reference to a specified advisory
circular of the Federal Aviation Administration. The bill would, for
the purpose of defining "intercounty airport," modify the definition
of runways and those specified zones to mean runways and zones as
defined in the Department of Transportation's Airport Land Use Plan
handbook. The bill would modify the definition of "airport and
aviation purposes" to include any installation of specified equipment
or facilities.
(2) Existing law requires that there be close coordination between
local transit providers and county welfare departments in order to
ensure that transportation moneys available for purposes of assisting
recipients of aid under specified provisions of law are expended
efficiently for the benefit of that population.
This bill would require local transit providers to give priority
in the use of those funds to the enhancement of public transportation
services for welfare-to-work purposes, as specified.
(3) Existing law requires a transportation planning agency to
ensure the establishment and implementation of a citizen
participation process, including provisions for at least one public
hearing.
This bill would require those hearings to be scheduled to ensure
broad community participation and, if possible, the location of the
hearings would be required to be rotated, as specified. The bill
would require the transportation planning agencies to consider other
methods of obtaining public feedback on public transportation needs.
(4) Existing law, except as specified, requires all moneys
deposited to the credit of the Motor Vehicle Fuel Account
attributable to the distribution of motor vehicle fuel for use or
used in propelling an aircraft in the state, to be transferred to the
Aeronautics Account in the State Transportation Fund, for allocation
as prescribed.
This bill would make certain clarifying changes in that provision.
(5) Existing law designates and describes state highway routes.
This bill would make changes in the descriptions of certain state
highway routes and would delete certain descriptions.
(6) Existing law authorizes the California Transportation
Commission to relinquish to a city or county any portion of a state
highway within the city or county that the Legislature has deleted
from the state highway system.
This bill would authorize the portion of Route 19 that is between
Del Amo Boulevard in the City of Long Beach and Route 1 in that city
to be relinquished to that city, as specified. The bill would
authorize the commission, upon terms and conditions approved by it,
to relinquish a portion of State Highway Route 107 to the City of
Lawndale in which the highway is located and which has agreed to
accept it. That relinquishment would take effect on the date
immediately following the commission's approval of the terms and
conditions.
(7) Existing law establishes the Bicycle Lane Account in the State
Transportation Fund and continuously appropriates the money in the
account to the Department of Transportation for expenditure by the
department and for transfer to the counties and cities for specified
purposes relating to bicycle transportation.
This bill would rename the account the Bicycle Transportation
Account.
(8) Existing law establishes the Department of Motor Vehicles in
the Business, Transportation and Housing Agency, and prescribes the
duties and responsibilities of the department.
This bill would delete certain obsolete provisions relating to the
department. The bill would make technical changes in other
provisions of existing law regarding vehicles.
(9) Existing law authorizes the establishment of a service
authority for freeway emergencies in any county where the county
board of supervisors and the majority of the city councils adopt
resolutions providing for the establishment of the authority. The
Sacramento Area Council of Governments is authorized to function as
the service authority in the Counties of Sacramento, Yolo, Yuba,
Sutter, and San Joaquin upon the adoption of the specified
resolutions by the counties and cities.
This bill would, additionally, authorize the council to act as the
service authority for any county that is not already a member of the
council, if the resolution is adopted by that county and the cities
within that county. The bill would make conforming changes in
existing law.
(10) Existing law prescribes a state-local partnership program for
funding highway and exclusive public mass transit guideway
improvement projects. Under that law, construction contracts for a
project on the eligibility list are required to be let by June 30 of
the fiscal year for which funds for the state's share of funding for
the project are appropriated, except in certain limited cases.
This bill would extend that deadline for Santa Barbara County and
the City of Santa Maria to June 30, 1999, rather than June 30, 1998.
(11) Existing law authorizes the Department of Motor Vehicles to
refuse to issue or to suspend or revoke an occupational license when
enumerated findings and determinations are made.
This bill would add to these enumerations instances where an
applicant was previously the holder of an occupation license issued
by another state, authorizing the same or similar activities of a
license issued under this state, and that license was revoked or
suspended for cause and was never reissued, or was suspended for
cause, and the terms of suspension have not been fulfilled. The bill
would also revise the provisions regarding the suspension,
expiration, or cancellation of a vehicle verifier's permit and a
registration service license.
(12) Existing law requires every bicycle operated upon a highway
during darkness to be equipped with a lamp emitting a white light
that illuminates the highway from a distance of 300 feet.
This bill would authorize a bicycle or motorized bicycle used by a
peace officer, as defined, in the performance of the peace officer's
duties, to display a steady or flashing blue warning light that is
visible from the front, sides, or rear of the bicycle or motorized
bicycle. The bill would prohibit any person from using a flashing
blue warning light on a bicycle or motorized bicycle except under
those authorized circumstances. Because a violation of this
prohibition would be an infraction under other provisions of existing
law, the bill would impose a state-mandated local program by
creating a new crime.
(13) Existing law authorizes the Department of Motor Vehicles to
waive the driving part of a motor vehicle driver's license
examination if the applicant holds a valid license issued by another
state, territory, possession of the United States, the District of
Columbia, or the Commonwealth of Puerto Rico.
This bill would delete the word "valid" and would require the
department to verify through an acknowledged national driver record
data source, a specified matter before the waiver may occur.
(14) Existing law requires the suspension of a person's driving
privilege when the Department of Motor Vehicles is notified by a bank
or financial institution that a check has been dishonored.
This bill would require a specified notice to be restored to a
person's driving record if a personal check is offered in payment of
fines and is returned for any reason.
(15) Existing law prohibits any person from, among other things,
stopping, parking, or leaving a vehicle on a sidewalk, except
electric carts when authorized by a local ordinance, as specified.
Any person who violates this provision is subject to a civil penalty.
This bill would also prohibit a person from stopping, parking, or
leaving a vehicle extending over a sidewalk, except electric carts
when authorized by a local ordinance, as specified. Thus, because
the bill would increase the enforcement responsibilities of local
entities, it would impose a state-mandated local program.
(16) Existing law prohibits any person from operating a motor
vehicle, as defined, unless that person and all passengers 16 years
of age or over are properly restrained by a safety belt, except as
specified.
This bill would exempt from that prohibition a driver engaged in
the collection of solid waste or recyclable materials if the driver
is restrained by a safety belt prior to commencing and subsequent to
completing the collection route.
(17) Existing law requires every motor carrier of property to
provide and to maintain specified, increased protection against
liability.
This bill would specify that the operation of a for-hire tow
truck who is in compliance with this provision may perform emergency
moves at the direction of a peace officer irrespective of the load
carried aboard the vehicle being moved.
(18) Under existing law, if a person, for a period of 15 days or
more, has failed to appeal in the court designated in a written
promise to appear, the court clerk is authorized to give notice of
that fact to the Department of Motor Vehicles.
This bill would delete that time period and would make conforming
changes to that deletion.
(19) (a) This bill would incorporate additional changes in Section
163 of the Streets and Highways Code proposed by AB 2035, to become
operative only if both bills are enacted and become operative on or
before January 1, 1999, and this bill is enacted last.
(b) This bill would incorporate additional changes in Section
253.1 of the Streets and Highways Code proposed by AB 2388, to become
operative only if both bills are enacted and become operative on or
before January 1, 1999, and this bill is enacted last.
(c) This bill would incorporate additional changes in Section
12804.9 of the Vehicle Code proposed by SB 1637, to become operative
only if both bills are enacted and become operative on or before
January 1, 1999, and this bill is enacted last.
(d) This bill would incorporate additional changes in Section
13370 of the Vehicle Code proposed by AB 2102, to become operative
only if both bills are enacted and become operative on or before
January 1, 1999, and this bill is enacted last.
(e) This bill would incorporate additional changes in Section
21101 of the Vehicle Code proposed by SB 1649, to become operative
only if both bills are enacted and become operative on or before
January 1, 1999, and this bill is enacted last.
(f) This bill would incorporate additional changes in Section
27315 of the Vehicle Code proposed by AB 2062, to become operative
only if both bills are enacted and become operative on or before
January 1, 1999, and this bill is enacted last.
(g) This bill would incorporate additional changes in Section
34631.5 of the Vehicle Code proposed by AB 2372, to become operative
only if both bills are enacted and become operative on or before
January 1, 1999, and this bill is enacted last.
(h) This bill would incorporate additional changes in Section
40509.5 of the Vehicle Code proposed by SB 1637, to become operative
only if both bills are enacted and become operative on or before
January 1, 1999, and this bill is enacted last.
(20) 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 21664.5 of the Public Utilities Code is
amended to read:
21664.5. (a) An amended airport permit shall be required for
every expansion of an existing airport. An applicant for an amended
airport permit shall comply with each requirement of this article
pertaining to permits for new airports. The department may by
regulation provide for exemptions from the operation of this section
pursuant to Section 21661, except that no exemption shall be made
limiting the applicability of subdivision (e) of Section 21666,
pertaining to environmental considerations, including the requirement
for public hearings in connection therewith.
(b) As used in this section, "airport expansion" includes any of
the following:
(1) The acquisition of runway protection zones, as defined in
Federal Aviation Administration Advisory Circular 150/1500-13, or of
any interest in land for the purpose of any other expansion as set
forth in this section.
(2) The construction of a new runway.
(3) The extension or realignment of an existing runway.
(4) Any other expansion of the airport's physical facilities for
the purpose of accomplishing or which are related to the purpose of
paragraph (1), (2), or (3).
(c) This section does not apply to any expansion of an existing
airport if the expansion commenced on or prior to the effective date
of this section and the expansion met the approval, on or prior to
that effective date, of each governmental agency that required the
approval by law.
SEC. 2. Section 21670.4 of the Public Utilities Code is amended to
read:
21670.4. (a) As used in this section, "intercounty airport" means
any airport bisected by a county line through its runways, runway
protection zones, inner safety zones, inner turning zones, outer
safety zones, or sideline safety zones, as defined by the department'
s Airport Land Use Plan handbook and referenced in the comprehensive
land use plan formulated under Section 21675.
(b) It is the purpose of this section to provide the opportunity
to establish a separate airport land use commission so that an
intercounty airport may be served by a single airport land use
planning agency, rather than having to look separately to the airport
land use commissions of the affected counties.
(c) In addition to the airport land use commissions created under
Section 21670 or the alternatives established under Section 21670.1,
for their respective counties, the boards of supervisors and city
selection committees for the affected counties, by independent
majority vote of each county's two delegations, for any intercounty
airport, may do either of the following:
(1) Establish a single separate airport land use commission for
that airport. That commission shall consist of seven members to be
selected as follows:
(A) One representing the cities in each of the counties, appointed
by that county's city selection committee.
(B) One representing each of the counties, appointed by the board
of supervisors of each county.
(C) One from each county having expertise in aviation, appointed
by a selection committee comprised of the managers of all the public
airports within that county.
(D) One representing the general public, appointed by the other
six members of the commission.
(2) In accordance with subdivision (a) or (b) of Section 21670.1,
designate an existing appropriate entity as that airport's land use
commission.
SEC. 3. Section 21681 of the Public Utilities Code is amended to
read:
21681. As used in this article, the following terms have the
following meanings:
(a) "Own and operate" means that the public entity shall own the
property in fee simple or by a long-term lease of a minimum of 20
years, unless otherwise approved by the department, and shall
maintain dominion and control of the property, except that the public
entity may provide by contract with a person for the operation and
management of an airport otherwise meeting the requirements of this
article. Operations of the airport shall be for, and on behalf of,
the public entity. All leases to the public entity of property are
required to be approved by the department. A lease of the property
by the public entity to an agent or agency other than to a public
entity does not meet the criteria for participation in airport
assistance funds.
(b) "Matching funds" means money that is provided by the public
entity and does not consist of funds previously received from state
or federal agencies or public entity funds previously used to match
federal or state funds. This definition shall be retroactive to July
1, 1967.
(c) "General aviation" means all aviation except air carrier and
military aviation.
(d) "Public entity" means any city, county, airport district,
airport authority, port district, port authority, public district,
public authority, political subdivision, airport land use commission,
community services district, or public corporation and the
University of California.
(e) "Public agency" means the various agencies of the State of
California and the federal government.
(f) "Airport and aviation purposes" means expenditures of a
capital improvement nature, including the repair or replacement of a
capital improvement, and expenditures for compatible land use
planning in the area surrounding an airport, for any of the following
purposes:
(1) Land acquisition for development and improvement of general
aviation aircraft landing facilities.
(2) Grading and drainage necessary for the construction or
reconstruction of runways or taxiways.
(3) Construction or reconstruction of runways or taxiways.
(4) Acquisition of "runway protection zones" as defined in Federal
Aviation Administration Advisory Circular 150/1500-13.
(5) Acquisition of easements through, or other interests in,
airspace as may be reasonably required for safeguarding aircraft
operations in the vicinity of an aircraft landing facility.
(6) Removal of natural obstructions from runway protection zones.
(7) Installation of "segmented circle airport marker systems" as
defined in current regulations of the Federal Aviation
Administration.
(8) Installation of runway, taxiway, boundary, or obstruction
lights, together with directly related electrical equipment.
(9) Installation of minimum security fencing around the perimeter
of an aircraft landing facility.
(10) Grading and drainage necessary to provide for parking of
transient general aviation aircraft.
(11) Construction or reconstruction of transient general aviation
aircraft parking areas.
(12) Servicing of revenue or general obligation bonds issued to
finance capital improvements for airport and aviation purposes.
(13) Air navigational facilities.
(14) Engineering and preliminary engineering related directly to a
project funded under this article.
(15) Other capital improvements as may be designated in rules and
regulations adopted by the department.
(16) Activities of an airport land use commission in connection
with the preparation of a new or updated comprehensive land use plan
pursuant to Section 21675. Expenditures that cannot be clearly
identified as capital improvements shall be submitted to the
department for consideration and approval.
(17) Airport master plans and airport layout plans.
(g) "Operation and maintenance" means expenditures for wages or
salaries, utilities, service vehicles, and all other noncapital
expenditures that are included in insurance, professional services,
supplies, construction equipment, upkeep and landscaping, and other
items of expenditure designated as "operation and maintenance" in
rules and regulations adopted by the department.
(h) "Enplanement" means the boarding of an aircraft by a revenue
passenger, including an original, stopover, or transfer boarding of
the aircraft. For purposes of this subdivision, a stopover is a
deliberate and intentional interruption of a journey by a passenger
scheduled to exceed four hours in the case of an intrastate or
interstate passenger or not to exceed 24 hours in the case of an
international passenger at a point between the point of departure and
the point of destination, and a transfer is an occurrence at an
intermediate point in an itinerary whereby a passenger or shipment
changes from a flight of one carrier to another flight either of the
same or a different carrier with or without a stopover.
SEC. 4. Section 99155.1 of the Public Utilities Code is amended to
read:
99155.1. (a) There shall be close coordination between local
transit providers and county welfare departments in order to ensure
that transportation moneys available for purposes of assisting
recipients of aid under Chapter 2 (commencing with Section 11200) of
Part 3 of Division 9 of the Welfare and Institutions Code are
expended efficiently for the benefit of that population.
(1) In areas where public transit service is available, local
transit providers shall give priority, in the use of funds allocated
under the CalWORKs program and made available by the county, to the
enhancement of public transportation services for welfare-to-work
purposes.
(2) In areas where public transit services are unavailable, local
transit providers shall give priority, in the use of funds allocated
under the CalWORKs program and made available by the county, to the
enhancement of transportation alternatives, such as, but not limited
to, subsidies or vouchers, van pools, and contract paratransit
operations, in order to promote welfare-to-work purposes.
(b) In areas where public transit service is available, local
transit providers shall consider giving priority in the use of
transit funds to the enhancement of public transportation services
for welfare-to-work purposes.
SEC. 5. Section 99238.5 of the Public Utilities Code is amended to
read:
99238.5. (a) The transportation planning agency shall ensure the
establishment and implementation of a citizen participation process
appropriate for each county, or counties if operating under a joint
powers agreement, utilizing the social services transportation
advisory council as a mechanism to solicit the input of transit
dependent and transit disadvantaged persons, including the elderly,
handicapped, and persons of limited means. The process shall include
provisions for at least one public hearing in the jurisdiction
represented by the social services transportation advisory council.
Hearings shall be scheduled to ensure broad community participation
and, if possible, the location of the hearings shall be rotated among
the various communities within the advisory council's jurisdiction.
Notice of the hearing, including the date, place, and specific
purpose of the hearing shall be given at least 30 days in advance
through publication in a newspaper of general circulation. The
transportation planning agency shall also send written notification
to those persons and organizations which have indicated, through its
citizen participation or any other source of information, an interest
in the subject of the hearing.
(b) In addition to public hearings, the transportation planning
agency shall consider other methods of obtaining public feedback on
public transportation needs. Those methods may include, but are not
limited to, teleconferencing, questionnaires, telecanvassing, and
electronic mail.
SEC. 6. Section 99401.5 of the Public Utilities Code is amended to
read:
99401.5. Prior to making any allocation not directly related to
public transportation services, specialized transportation services,
or facilities provided for the exclusive use of pedestrians and
bicycles, the transportation planning agency shall annually do all of
the following:
(a) Consult with the social services transportation advisory
council established pursuant to Section 99238.
(b) Identify the transit needs of the jurisdiction which have been
considered as part of the transportation planning process, including
the following:
(1) An annual assessment of the size and location of identifiable
groups likely to be transit dependent or transit disadvantaged,
including, but not limited to, the elderly, the handicapped,
including individuals eligible for paratransit and other special
transportation services pursuant to Section 12143 of Title 42 of the
United States Code (the federal Americans with Disabilities Act of
1990 (42 U.S.C. Sec. 12101, et seq.)), and persons of limited means,
including, but not limited to, recipients under the CalWORKs program.
(2) An analysis of the adequacy of existing public transportation
services and specialized transportation services, including privately
and publicly provided services necessary to implement the plan
prepared pursuant to Section 12143 (c) (7) of Title 42 of the United
States Code, in meeting the transit demand identified pursuant to
paragraph (1).
(3) An analysis of the potential alternative public transportation
and specialized transportation services and service improvements
that would meet all or part of the transit demand.
(c) Identify the unmet transit needs of the jurisdiction and those
needs that are reasonable to meet. The transportation planning
agency shall hold at least one public hearing pursuant to Section
99238.5 for the purpose of soliciting comments on the unmet transit
needs that may exist within the jurisdiction and that might be
reasonable to meet by establishing or contracting for new public
transportation or specialized transportation services or by expanding
existing services. The definition adopted by the transportation
planning agency for the terms "unmet transit needs" and "reasonable
to meet" shall be documented by resolution or in the minutes of the
agency. The fact that an identified transit need cannot be fully met
based on available resources shall not be the sole reason for
finding that a transit need is not reasonable to meet. An agency's
determination of needs that are reasonable to meet shall not be made
by comparing unmet transit needs with the need for streets and roads.
(d) Adopt by resolution a finding for the jurisdiction, after
consideration of all available information compiled pursuant to
subdivisions (a), (b), and (c). The finding shall be that (1) there
are no unmet transit needs, (2) there are no unmet transit needs that
are reasonable to meet, or (3) there are unmet transit needs,
including needs that are reasonable to meet. The resolution shall
include information developed pursuant to subdivisions (a), (b), and
(c) which provides the basis for the finding.
(e) If the transportation planning agency adopts a finding that
there are unmet transit needs, including needs that are reasonable to
meet, then the unmet transit needs shall be funded before any
allocation is made for streets and roads within the jurisdiction.
SEC. 7. Section 8352.3 of the Revenue and Taxation Code is amended
to read:
8352.3. Subject to Sections 8352 and 8352.1, all moneys
deposited to the credit of the Motor Vehicle Fuel Account
attributable to the distribution of motor vehicle fuel for use or
used in propelling an aircraft in the state shall be transferred to
the Aeronautics Account in the State Transportation Fund, for
allocation as follows:
(a) To pay the refunds authorized by Section 8101.5.
(b) To pay the pro rata cost of the Controller and the board under
subdivisions (b), (c), and (d) of Section 8352.1.
(c) To pay for the support of the Department of Transportation,
for the administration of the State Aeronautics Act (Division 9
(commencing with Section 21001) of the Public Utilities Code).
(d) Remaining balance to be available for expenditures in
accordance with Sections 21602, and 21682 to 21684, inclusive, of the
Public Utilities Code.
SEC. 8. Section 73 of the Streets and Highways Code is amended to
read:
73. The commission shall relinquish to any county or city any
portion of any state highway within the county or city that has been
deleted from the state highway system by legislative enactment, and
the relinquishment shall become effective upon the first day of the
next calendar or fiscal year, whichever first occurs after the
effective date of the legislative enactment. It may likewise
relinquish any portion of any state highway that has been superseded
by relocation. Whenever the department and the county or city
concerned have entered into an agreement providing therefor, or the
legislative body of the county or city has adopted a resolution
consenting thereto, the commission may relinquish, to that county or
city, any frontage or service road or outer highway, within the
territorial limits of the county or city, which has a right-of-way of
at least 40 feet in width and which has been constructed as a part
of a state highway project, but does not constitute a part of the
main traveled roadway thereof. The commission may also relinquish,
to a county or city within whose territorial limits it is located,
any nonmotorized transportation facility, as defined in Section 887,
constructed as part of a state highway project if the county or
city, as the case may be, has entered into an agreement providing
therefor or its legislative body has adopted a resolution consenting
thereto.
Relinquishment shall be by resolution. A certified copy of the
resolution shall be filed with the board of supervisors or the city
clerk, as the case may be. A certified copy of the resolution shall
also be recorded in the office of the recorder of the county where
the land is located and, upon its recordation, all right, title, and
interest of the state in and to that portion of any state highway
shall vest in the county or city, as the case may be, and that
highway or portion thereof shall thereupon constitute a county road
or city street, as the case may be.
The vesting of all right, title, and interest of the state in and
to portions of any state highways heretofore relinquished by the
commission, in the county or city to which it was relinquished, is
hereby confirmed.
Prior to relinquishing any portion of a state highway to a county
or a city, except where required by legislative enactment, the
department shall give 90 days' notice in writing of intention to
relinquish to the board of supervisors, or the city council, as the
case may be. Where the resolution of relinquishment contains a
recital as to the giving of the notice, adoption of the resolution of
relinquishment shall be conclusive evidence that the notice has been
given.
The commission shall not relinquish to any county or city any
portion of any state highway that has been superseded by relocation
until the department has placed the highway, as defined in Section
23, in a state of good repair. This requirement shall not obligate
the department for widening, new construction, or major
reconstruction, except as the commission may direct. A state of good
repair requires maintenance, as defined in Section 27, including
litter removal, weed control, and tree and shrub trimming to the time
of relinquishment.
Within the 90-day period, the board of supervisors or the city
council may protest in writing to the commission stating the reasons
therefor, including, but not limited to, objections that the highway
is not in a state of good repair, or is not needed for public use and
should be vacated by the commission. In the event that the
commission does not comply with the requests of the protesting body,
it may proceed with the relinquishment only after a public hearing
given to the protesting body on 10 days' written notice.
SEC. 9. Section 163 of the Streets and Highways Code is amended to
read:
163. The Legislature, through the enactment of this section,
intends to establish a policy for the use of all transportation funds
that are available to the state, including the State Highway
Account, the Public Transportation Account, and federal funds. The
department and the commission shall prepare fund estimates pursuant
to Sections 14524 and 14525 of the Government Code based on the
following:
(a) Annual expenditures for the administration of the department
shall be the same as the most recent Budget Act, adjusted for
inflation.
(b) Annual expenditures for the maintenance and operation of the
state highway system shall be the same as the most recent Budget Act,
adjusted for inflation and inventory.
(c) Annual expenditure for the rehabilitation of the state highway
system shall be the same as the most recent Budget Act, or, if a
long-range rehabilitation plan has been enacted pursuant to Section
164.6, it shall be based on planned expenditures in a long-range
rehabilitation plan prepared by the department pursuant to Section
164.6.
(d) Annual expenditures for local assistance shall be the amount
required to fund local assistance programs required by state or
federal law or regulations, including, but not limited to, railroad
grade crossing maintenance, bicycle transportation account,
congestion mitigation and air quality, regional surface
transportation programs, local highway bridge replacement and
rehabilitation, local seismic retrofit, local hazard elimination and
safety, local federal demonstration projects, and local emergency
relief.
(e) After deducting expenditures for administration, operation,
maintenance, local assistance, safety, and rehabilitation pursuant to
subdivisions (a), (b), (c), and (d), and for expenditures pursuant
to Section 164.56, the remaining funds shall be available for capital
improvement projects to be programmed in the state transportation
improvement program.
SEC. 9.5. Section 163 of the Streets and Highways Code is amended
to read:
163. The Legislature, through the enactment of this section,
intends to establish a policy for the use of all transportation funds
that are available to the state, including the State Highway
Account, the Public Transportation Account, and federal funds. For
the purposes of this section, "federal funds" means any obligational
authority to be provided under annual federal transportation
appropriations acts. The department and the commission shall prepare
fund estimates pursuant to Sections 14524 and 14525 of the
Government Code based on the following:
(a) Annual expenditures for the administration of the department
shall be the same as the most recent Budget Act, adjusted for
inflation.
(b) Annual expenditures for the maintenance and operation of the
state highway system shall be the same as the most recent Budget Act,
adjusted for inflation and inventory.
(c) Annual expenditure for the rehabilitation of the state highway
system shall be the same as the most recent Budget Act, or, if a
long-range rehabilitation plan has been enacted pursuant to Section
164.6, it shall be based on planned expenditures in a long-range
rehabilitation plan prepared by the department pursuant to Section
164.6.
(d) Annual expenditures for local assistance shall be the amount
required to fund local assistance programs required by state or
federal law or regulations, including, but not limited to, railroad
grade crossing maintenance, bicycle transportation account,
congestion mitigation and air quality, regional surface
transportation programs, local highway bridge replacement and
rehabilitation, local seismic retrofit, local hazard elimination and
safety, and local emergency relief.
(e) After deducting expenditures for administration, operation,
maintenance, local assistance, safety, and rehabilitation pursuant to
subdivisions (a), (b), (c), and (d), and for expenditures pursuant
to Section 164.56, the remaining funds shall be available for capital
improvement projects to be programmed in the state transportation
improvement program.
SEC. 10. Section 164.11 of the Streets and Highways Code is
amended to read:
164.11. For purposes of subdivision (e) of Section 164.3, the
eligible interregional and intercounty routes include all of the
following:
Route 12.
Route 14.
Route 15.
Route 16, between the east urban limits of Sacramento and Route
49.
Route 17, between the north urban limits of Santa Cruz and the
south urban limits of San Jose.
Route 18, between the City of San Bernardino and the junction
with Routes 18 and 138 in Los Angeles County.
Route 20.
Route 25, between Route 146 in San Benito County and Route 101 in
Santa Clara County.
Route 28.
Route 29.
SEC. 11. Section 164.16 of the Streets and Highways Code is
amended to read:
164.16. For purposes of subdivision (e) of Section 164.3, the
eligible interregional and intercounty routes include all of the
following:
Route 120, between Route 5 and Route 395.
Route 126, between the east urban limits of
Oxnard-Ventura-Thousand Oaks and Route 5.
Route 127.
Route 128.
Route 129, between Route 1 and Route 101.
Route 132, west of Route 99.
Route 138, between Route 5 and Route 14 in Los Angeles County and
between Route 14 in Los Angeles County and Route 18 near Crestline
in San Bernardino County.
Route 139, between Route 299 and the Oregon state line.
SEC. 12. Section 164.17 of the Streets and Highways Code is
amended to read:
164.17. For purposes of subdivision (e) of Section 164.3, the
eligible interregional and intercounty routes include all of the
following:
Route 140, between the east urban limits of Merced and Yosemite
National Park.
Route 146.
Route 149.
Route 152, between Route 101 and Route 99.
Route 154.
Route 156, between Route 1 and Route 152.
SEC. 13. Section 164.18 of the Streets and Highways Code is
amended to read:
164.18. For purposes of subdivision (e) of Section 164.3, the
eligible interregional and intercounty routes include all of the
following:
Route 160, between the north urban limits of Antioch-Pittsburg and
the south urban limits of Sacramento.
Route 168, between the east urban limits of Fresno and Route 168
at Florence Lake Road, and between Route 168 near Lake Sabrina and
Route 395.
Route 178, between the east urban limits of Bakersfield and Route
14.
Route 180, between the east urban limits of Fresno and Kings
Canyon National Park.
Route 188.
Route 190, between Route 65 and Route 127.
Route 198, between Route 5 and the Sequoia National Park.
Route 199.
SEC. 14. Section 253.1 of the Streets and Highways Code is amended
to read:
253.1. The California freeway and expressway system shall
include:
Routes 5, 6, 7, 8, 10, 14, 15, 18, 24, 28, 30, 32, 34, 37, 40, 44,
47, 48, 50, 51, 52, 53, 54, 55, 56, 57, 59, 60, 61, 63, 65, 67, 68,
70, 71, 73, 74, 78, 80, 81,
83, 85, 87, 88, 89, 90, 93, 97, 100, 102, 103, 105, 107, 108, 118,
121, 122, 124, 125, 126, 134, 136, 139, 140, 145, 148, 149, 154, 156,
161, 163, 164, 179, 181, 183, 184, 199, 205, 210, 215, 217, 221,
223, 230, 232, 234, 235, 237, 238, 239, 241, 242, 247, 249, 251, 257,
258, 259, 261, 280, 330, 371, 380, 405, 505, 580, 605, 680, 710,
780, 805, 880, and 980 in their entirety.
SEC. 14.5. Section 253.1 of the Streets and Highways Code is
amended to read:
253.1. The California freeway and expressway system shall
include:
Routes 5, 6, 7, 8, 10, 14, 15, 18, 24, 28, 32, 34, 37, 40, 44, 47,
48, 50, 51, 52, 53, 54, 55, 56, 57, 59, 60, 61, 63, 65, 67, 68, 70,
71, 73, 74, 78, 80, 81, 83, 85, 87, 88, 89, 90, 93, 97, 100, 102,
103, 105, 107, 108, 118, 121, 122, 124, 125, 126, 134, 136, 139, 140,
145, 148, 149, 154, 156, 161, 163, 164, 179, 181, 183, 184, 199,
205, 210, 215, 217, 221, 223, 230, 232, 234, 235, 237, 238, 239, 241,
242, 247, 249, 251, 257, 258, 259, 261, 280, 330, 371, 380, 405,
505, 580, 605, 680, 710, 780, 805, 880, and 980 in their entirety.
SEC. 15. Section 253.3 of the Streets and Highways Code is amended
to read:
253.3. The California freeway and expressway system shall also
include:
Route 22 from:
(a) Studebaker Road in Long Beach to Route 405.
(b) Route 405 to Route 55 near Orange.
Route 23 from:
(a) Route 101 in Thousand Oaks to Route 118.
(b) Route 118 to Route 126 near Fillmore.
Route 25 from:
(a) Route 180 near Paicines to Route 156 in Hollister.
(b) Route 156 in Hollister to Route 101 near Gilroy.
Route 26 from Route 99 near Stockton to Route 12.
Route 29 from:
(a) Route 80 near Vallejo to Oak Knoll Avenue north of the City of
Napa.
(b) The Napa-Lake county line to Route 20.
Route 33 from:
(a) Route 101 near Ventura to Route 150.
(b) Route 150 to Route 166 near Maricopa.
(c) Route 152 west of Los Banos to Route 5 near Santa Nella.
Route 35 from Route 280 to Route 1 near Daly City.
Route 36 from Route 5 at Red Bluff to Route 395.
Route 38 from Route 10 near Redlands to Route 18 near Baldwin
Lake.
Route 39 from Route 5 to Route 210.
Route 41 from:
(a) Route 1 near Morro Bay to Route 101 near Atascadero.
(b) Route 46 to Route 99 near Fresno.
(c) Route 99 near Fresno to Route 180.
(d) Route 180 to Yosemite National Park.
Route 43 from Route 5 to Route 99 near Selma.
Route 45 from Route 20 near Colusa to Route 32 near Hamilton City.
SEC. 16. Section 302 of the Streets and Highways Code is amended
to read:
302. Route 2 is from:
(a) The point where Santa Monica Boulevard crosses the city limits
of the City of Santa Monica at Centinela Avenue to Route 101 in Los
Angeles.
(b) Route 101 in Los Angeles to Route 210 in La Canada Flintridge
via Glendale.
(c) Route 210 in La Canada Flintridge to Route 138 via Wrightwood.
(d) Upon a determination by the commission that it is in the best
interests of the state to do so, the commission may, upon terms and
conditions approved by it, relinquish that portion or portions of
Route 2 located within the City of West Hollywood or the City of
Santa Monica, or both, to that city or cities, upon agreement by the
city or cities to accept the relinquishment or relinquishments. A
relinquishment shall be effective on the date specified in the
commission's approved terms and conditions with the respective city.
Thereafter, Route 2 shall not include the portion or portions so
relinquished, nor shall the portion or portions be considered for
future adoption in accordance with Section 81. For portions of Route
2 that are so relinquished, the City of West Hollywood or the City
of Santa Monica, or both, shall maintain within their respective
jurisdictions signs directing motorists to the continuation of State
Highway Route 2.
SEC. 17. Section 319 of the Streets and Highways Code is amended
to read:
319. (a) Route 19 is from Route 1 near Long Beach to Route 164
near Pico Rivera.
(b) The portion of Route 19 that is between Del Amo Boulevard in
the City of Long Beach and Route 1 in that city shall cease to be a
state highway pursuant to the terms of a cooperative agreement
between the City of Long Beach and the department providing for the
relinquishment of that portion of the highway to that city.
SEC. 18. Section 336 of the Streets and Highways Code is amended
to read:
336. Route 36 is from Route 101 near Alton to Route 395 near
Johnsonville passing near Forest Glen via Red Bluff and Mineral, via
the vicinity of Morgan Summit, and via Susanville.
SEC. 19. Section 407.1 is added to the Streets and Highways Code,
to read:
407.1. Upon a determination by the commission that it is in the
best interests of the state to do so, the commission may, upon terms
and conditions approved by it, relinquish a portion of Route 107 that
is in the City of Lawndale to that city, if the city has agreed to
accept it. The relinquishment shall be effective on the date
immediately following the commission's approval of the terms and
conditions.
SEC. 20. Section 525 of the Streets and Highways Code is amended
to read:
525. Route 225 is from Route 101 near Santa Barbara to Route 101
near the Santa Barbara Central Business District.
SEC. 21. Section 528 of the Streets and Highways Code is repealed.
SEC. 22. Section 585 of the Streets and Highways Code is repealed.
SEC. 23. Section 887.4 of the Streets and Highways Code is amended
to read:
887.4. Prior to December 31 of each year, the department shall
prepare and submit an annual report to the Legislature summarizing
programs it has undertaken for the development of nonmotorized
transportation facilities, including a summary of major and minor
projects. The report shall document all state funding for bicycle
programs, including funds from the Bicycle Transportation Account,
the Transportation Planning and Development Account, and the Clean
Air Transportation Improvement Act. The report shall also summarize
the existing directives received by the department from the Federal
Highway Administration concerning the availability of federal funds
for the programs, together with an estimate of the fiscal impact of
the federal participation in the programs.
SEC. 24. Section 892.2 of the Streets and Highways Code is amended
to read:
892.2. (a) The Bicycle Transportation Account is continued in
existence in the State Transportation Fund, and, notwithstanding
Section 13340 of the Government Code, the money in the account is
continuously appropriated to the department for expenditure for the
purposes specified in Section 892.4. Unexpended moneys shall be
retained in the account for use in subsequent fiscal years.
(b) Any reference in law or regulation to the Bicycle Lane Account
is a reference to the Bicycle Transportation Account.
SEC. 25. Section 892.4 of the Streets and Highways Code is amended
to read:
892.4. The department shall allocate and disburse moneys from the
Bicycle Transportation Account according to the following
priorities:
(a) To the department, the amounts necessary to administer this
article, not to exceed 1 percent of the funds expended per year.
(b) To counties and cities, for bikeways and related facilities,
planning, safety and education, in accordance with Section 891.4.
SEC. 26. Section 893 of the Streets and Highways Code is amended
to read:
893. The department shall disburse the money from the Bicycle
Transportation Account pursuant to Section 891.4 for projects that
improve the safety and convenience of bicycle commuters, including,
but not limited to, any of the following:
(a) New bikeways serving major transportation corridors.
(b) New bikeways removing travel barriers to potential bicycle
commuters.
(c) Secure bicycle parking at employment centers, park-and-ride
lots, rail and transit terminals, and ferry docks and landings.
(d) Bicycle-carrying facilities on public transit vehicles.
(e) Installation of traffic control devices to improve the safety
and efficiency of bicycle travel.
(f) Elimination of hazardous conditions on existing bikeways.
(g) Planning.
(h) Improvement and maintenance of bikeways.
In recommending projects to be funded, due consideration shall be
given to the relative cost effectiveness of proposed projects.
SEC. 27. Section 893.6 of the Streets and Highways Code is amended
to read:
893.6. The department shall make a reasonable effort to disburse
funds in general proportion to population. However, no applicant
shall receive more than 25 percent of the total amounts transferred
to the Bicycle Transportation Account in a single fiscal year.
SEC. 28. Section 2106 of the Streets and Highways Code is amended
to read:
2106. A sum equal to the net revenue derived from one and four
one-hundredths cent ($0.0104) per gallon tax under the Motor Vehicle
Fuel License Tax Law (Part 2 (commencing with Section 7301) of
Division 2 of the Revenue and Taxation Code) shall be apportioned
monthly from the Highway Users Tax Account in the Transportation Tax
Fund among the counties and cities as provided in this section.
The amounts available under this section shall be apportioned, as
follows:
(a) Four hundred dollars ($400) per month shall be apportioned to
each city and city and county and eight hundred dollars ($800) per
month shall be apportioned to each county and city and county.
(b) The following amounts shall be transferred to the Bicycle
Transportation Account in the State Transportation Fund during the
following calendar years:
(1) During 1998, one million dollars ($1,000,000).
(2) During 1999, one million dollars ($1,000,000).
(3) During 2000, one million dollars ($1,000,000).
(4) During 2001, two million dollars ($2,000,000).
(5) During 2002, two million dollars ($2,000,000).
(6) During 2003, three million dollars ($3,000,000).
(7) During 2004, and annually thereafter, five million dollars
($5,000,000).
(c) The balance shall be apportioned, as follows:
(1) A base sum shall be computed for each county by using the same
proportions of fee-paid and exempt vehicles as are established for
purposes of apportionment of funds under subdivision (d) of Section
2104.
(2) For each county, the percentage of the total assessed
valuation of tangible property subject to local tax levies within the
county which is represented by the assessed valuation of tangible
property outside the incorporated cities of the county shall be
applied to its base sum, and the resulting amount shall be
apportioned to the county. The assessed valuation of taxable
tangible property, for purposes of this computation, shall be that
most recently used for countywide tax levies as reported to the
Controller by the State Board of Equalization. If an incorporation
or annexation is legally completed following the base sum
computation, the new city's assessed valuation shall be deducted from
the county's assessed valuation, the estimate of which may be
provided by the State Board of Equalization.
(3) The difference between the base sum for each county and the
amount apportioned to the county shall be apportioned to the cities
of that county in the proportion that the population of each city
bears to the total population of all the cities in the county.
Populations used for determining apportionment of money under Section
2107 are to be used for purposes of this section.
SEC. 29. Section 2551 of the Streets and Highways Code is amended
to read:
2551. (a) A service authority for freeway emergencies may be
established in any county if the board of supervisors of the county
and the city councils of a majority of the cities within the county
having a majority of the population of cities within the county adopt
resolutions providing for the establishment of the authority.
(b) The resolutions may designate the county transportation
commission for the county, created pursuant to Division 12
(commencing with Section 130000) of the Public Utilities Code or
council of governments formed pursuant to Chapter 5 (commencing with
Section 6500) of Division 7 of Title 1 of the Government Code, as the
service authority for freeway emergencies. The powers of a
commission or council of governments so designated are limited to
those of the service authority.
(c) The Metropolitan Transportation Commission may function as the
service authority for freeway emergencies in any or all of the
Counties of Santa Clara, San Mateo, Alameda, Contra Costa, Marin,
Solano, Sonoma, Napa, and the City and County of San Francisco upon
adoption of a resolution by the commission to act as a service
authority and upon ratification of the commission's resolution in a
particular county by the board of supervisors of the city and county
or by the board of supervisors of the county and by the city councils
of the cities within the county having a majority of the population
of the cities within the county.
(d) The Sacramento Area Council of Governments may function as the
service authority for freeway emergencies in any or all of the
Counties of Sacramento, Yolo, Yuba, Sutter, and San Joaquin, or any
other county that is not already a member of the council, upon
adoption of a resolution by the council to act as a service authority
and upon ratification of the resolution in a particular county by
the board of supervisors of the county and by the city councils of
the cities within the county having a majority of the population of
the cities within the county.
(e) As used in this chapter, "authority" and "service authority"
mean a service authority for freeway emergencies created pursuant to
this chapter.
SEC. 30. Section 2553 of the Streets and Highways Code is amended
to read:
2553. An authority, other than the Metropolitan Transportation
Commission or a county transportation commission or a council of
governments designated pursuant to Section 2551, shall have seven
members, with two members selected by the board of supervisors and
five members selected jointly by the city councils of cities within
the county.
If the Metropolitan Transportation Commission functions as a
service authority, it shall consist of all the members of the
commission as set forth in Section 66503 of the Government Code.
If the Sacramento Area Council of Governments functions as a
service authority, it shall consist of (a) all of the members of the
board of directors of the council, as set forth in the Joint Powers
Agreement of the Sacramento Area Council of Governments, dated
October 21, 1980, pursuant to Chapter 5 (commencing with Section
6500) of Division 7 of Title 1 of the Government Code, (b) one member
representing San Joaquin County, (c) one member representing the
cities of San Joaquin County, (d) one member representing any other
county that is not already a member of the council, and (e) one
member representing the cities within that county.
SEC. 31. Section 2602 of the Streets and Highways Code is amended
to read:
2602. (a) The state-local transportation partnership program
shall be implemented by the department and the applicants under the
following procedures:
(1) Applicants shall submit applications for eligible projects to
the department not later than June 30.
(2) The department shall review the applications for consistency
with the requirements of this chapter and shall compile a preliminary
list of all eligible projects not later than September 30 of the
year in which the application was submitted.
(3) (A) If the total state share for eligible projects exceeds the
amount specified in the Governor's proposed budget, the department
shall compute the preliminary pro rata share of state funds to be
available so that each eligible project would receive the same ratio
of state share to local share. Not later than April 1 of the
following year, the department shall advise the applicants of the
preliminary pro rata share of state funds to be available.
(B) Not later than June 15 of the following year, each applicant
shall inform the department whether or not it can proceed with the
project with the lower state share and meet the project development
completion requirements specified in subparagraph (D) of paragraph
(2) of subdivision (a) of Section 2601.
(C) Upon the enactment of the annual Budget Act, the department
shall compile a new list of eligible projects consisting of those
projects that were included in the original list that the applicant
has indicated it can proceed with a lower state share and for which
the applicant has indicated it can still meet the delivery
requirements pursuant to subparagraph (D) of paragraph (2) of
subdivision (a) of Section 2601.
(D) Based on the amount of the appropriation contained in the
annual Budget Act, the department shall compute the final pro rata
state share so that each project on the new list would receive the
same ratio of state share to local share.
(E) Within 30 days of the enactment of the annual Budget Act, the
department shall report to the Legislature on the projects being
funded through this program and the ratio of state share to local
share.
(4) The Legislature intends to appropriate two hundred fifty
million dollars ($250,000,000) by June 30, 1990, two hundred fifty
million dollars ($250,000,000) by June 30, 1991, and two hundred
million dollars ($200,000,000) by June 30 of each year thereafter for
this program.
(5) Construction contracts for projects on the eligibility list
established pursuant to paragraph (2) or (3) shall be let not later
than June 30 of the fiscal year for which funds are appropriated
pursuant to paragraph (4).
(6) Beginning with projects funded through appropriations made by
the Budget Act of 1992, applications shall not be accepted for any
project within the boundaries of a project subject to, but for which
contracts were not let in accordance with, paragraph (5), for a
period of three fiscal years following the fiscal year in which the
applicant's notification of intent to proceed under subparagraph (B)
of paragraph (3) was submitted.
(7) The funds appropriated shall be expended not later than June
30 of the fourth year following the appropriation.
(8) Notwithstanding paragraphs (5) and (6), any project in Orange
County for which a construction contract would otherwise have been
required to be let by June 30, 1995, may be let until, but not later
than, June 30, 1996.
(9) Notwithstanding paragraphs (5) and (6), any project in Santa
Barbara County for which a construction contract would otherwise have
been required to be let by June 30, 1995, may be let until, but not
later than, December 31, 1996.
(10) The Lakeville Highway widening project (State Route 116 from
Caulfield Lane to the Petaluma city limit), and the Mare Island
Way/Wilson Avenue Cycle 6 improvement project in the City of Vallejo,
for which a construction contract would otherwise have been required
to be let by June 30, 1996, may be let until, but not later than,
June 30, 1997.
(11) Notwithstanding paragraphs (5) and (6), any project in
Siskiyou County for which a construction contract would otherwise
have been required to be let by June 30, 1997, may be let until, but
not later than, June 30, 1999.
(12) Notwithstanding paragraphs (5) and (6), any project in Santa
Barbara County for which a construction contract would otherwise have
been required to be let by June 30, 1998, may be let until, but not
later than, June 30, 1999.
(13) Notwithstanding paragraphs (5) and (6), any project in the
City of Santa Maria for which a construction contract would otherwise
have been required to be let by June 30, 1998, may be let until, but
not later than, June 30, 1999.
(b) This section shall remain in effect only until July 1, 1999,
and as of that date is repealed, unless a later enacted statute,
which is enacted on or before July 1, 1999, deletes or extends that
date.
SEC. 32. Section 1656.5 of the Vehicle Code is repealed.
SEC. 33. Section 1660.5 of the Vehicle Code is repealed.
SEC. 34. Section 1663 of the Vehicle Code is amended to read:
1663. (a) The department shall, in the synopsis or summary of
laws regulating the operation of vehicles and the use of the highways
published under subdivision (b) of Section 1656, provide a warning
which states that, in certain accidents, the lack of a shoulder
harness may cause, or aggravate, serious and fatal injuries,
especially to the head, spinal column, and abdominal organs.
(b) Nothing in this section limits or impairs the rights or
remedies that are otherwise available to any person under existing
law.
SEC. 35. Section 2420 of the Vehicle Code, as added by Section 11
of Chapter 945 of the Statutes of 1997, is repealed.
SEC. 36. Section 2420.5 is added to the Vehicle Code, to read:
2420.5. (a) The department may enter into a contract to conduct
an inspection of vehicles that are subject to Section 500.100 of
Title 29 of the Code of Federal Regulations and issue the vehicle
inspection sticker authorized under subdivision (b) of that section
to qualified vehicles.
(b) Any contract entered into under subdivision (a) shall provide
that the amount to be paid to the department shall be equal to the
costs incurred by the department for services provided under the
contract.
SEC. 37. Section 4000.5 of the Vehicle Code is repealed.
SEC. 38. Section 9250 of the Vehicle Code is repealed.
SEC. 39. Section 9250 is added to the Vehicle Code, to read:
9250. (a) A registration fee of twenty-eight dollars ($28) shall
be paid to the department for the registration of every vehicle or
trailer coach of a type subject to registration under this code,
except those vehicles that are expressly exempted under this code
from the payment of registration fees.
(b) The registration fee imposed under this section applies to all
vehicles described in Section 5004, whether or not special
identification plates are issued to that vehicle.
(c) Trailer coaches are subject to the fee provided in subdivision
(a) for each unit of the trailer coach.
(d) This section applies to (1) the initial or original
registration, on or after November 1, 1997, of any vehicle not
previously registered in this state, (2) the renewal of registration
of any vehicle for which the registration period expires on or after
November 1, 1997, regardless of whether a renewal application was
mailed to the registered owner prior to November 1, 1997, and (3) any
renewal of a registration which expired on or before October 31,
1997, but for which the fees are not paid until on or after November
1, 1997.
SEC. 40. Section 9250.1 of the Vehicle Code is repealed.
SEC. 42. Section 11107 of the Vehicle Code is amended to read:
11107. (a) The department may refuse to issue a license
certificate under this chapter to any applicant to own or operate a
school or to any instructor when it finds and determines any of the
following to exist:
(1) The applicant has not met the qualifications required under
this chapter.
(2) The applicant was previously the holder of a license under
this chapter which was revoked or suspended, which was never reissued
by the department after revocation, or which was never reinstated
after suspension.
(3) The applicant was previously the holder of an occupational
license issued by another state, authorizing the same or similar
activities of a license issued under this division; and that license
was revoked or suspended for cause and was never reissued, or was
suspended for cause, and the terms of suspension have not been
fulfilled.
(4) The applicant has done any act or series of acts which would
be a cause for suspension or revocation under Section 11110.
(5) If the applicant is a business, a business representative was
the holder of a revoked or suspended license previously issued under
this chapter which was never reissued after revocation or which was
never reinstated after suspension, or a business representative,
though not previously the holder of a license, has done any act or
series of acts which would be a cause for revocation or suspension
under Section 11110.
(6) By reason of the facts and circumstances relating to the
organization, control, and management of the business, it is likely
that the policy or operation of the business will be directed,
controlled, or managed by a business representative who, by reason of
any act, series of acts, or conduct described in paragraph (4) or
(5), would be ineligible for a license and that, by licensing the
business, the purposes of this division would be defeated.
(7) The applicant has knowingly made a false statement or
knowingly concealed a material fact in applying for a license.
(8) The applicant, or one of the business representatives if the
applicant is a business, has been convicted of a crime, or has
committed any act or engaged in conduct involving moral turpitude,
which is substantially related to the qualifications, functions, or
duties of the licensed activity. A conviction after a plea of nolo
contendere is a conviction within the meaning of this section.
(b) Upon refusal of the department to issue a license, the
applicant may demand, in writing, a hearing before the director or
the director's representative within 60 days after notice of refusal.
The hearing shall be conducted pursuant to Chapter 5 (commencing
with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code.
(c) A person whose license has been revoked, or whose application
for a license has been refused, may reapply for the license after a
period of not less than one year has elapsed from the effective date
of the decision revoking the license or refusing the application.
SEC. 43. Section 11211 of the Vehicle Code is amended to read:
11211. (a) The department may refuse to issue a license to any
applicant under this chapter when it finds and determines that any of
the following exist:
(1) The applicant was previously the holder of a license under
this chapter which was revoked or suspended.
(2) The applicant was previously the holder of an occupational
license issued by another state, authorizing the same or similar
activities of a license issued under this division; and that license
was revoked or suspended for cause and was never reissued, or was
suspended for cause, and the terms of suspension have not been
fulfilled.
(3) The applicant has done
any act or series of acts which would be a cause for suspension or
revocation of licensure under Section 11215, regardless of whether
the applicant was licensed under this chapter at the time of the act
or acts.
(4) If the applicant is a business, a business representative was
the holder of a previously issued license under this chapter that was
suspended or revoked or has done any act or series of acts which
would be a cause for suspension or revocation of a license under
Section 11215, regardless of whether the business representative was
licensed under this chapter at the time of the act or acts.
(5) By reason of the facts and circumstances relating to the
organization, control, and management of the business, it is likely
that both of the following will occur:
(A) The policy or operation of the business will be directed,
controlled, or managed by an individual who, by reason of an act,
series of acts, or conduct described in paragraph (3) or (4), would
be ineligible for a license.
(B) By licensing the business, the purposes of this division would
be defeated.
(6) The applicant has knowingly made a false statement or
knowingly concealed a material fact in applying for a license under
this chapter.
(7) The applicant, or a business representative if the applicant
is a business, has been convicted of a crime, or committed any act or
engaged in conduct involving moral turpitude which is substantially
related to the qualifications, functions, or duties of the licensed
activity. A conviction after a plea of nolo contendere is a
conviction within the meaning of this section.
(b) Upon refusal of the department to issue a license under this
chapter, the applicant is entitled to a hearing upon demand in
writing submitted to the department within 60 days after notice of
refusal. The hearing shall be conducted pursuant to Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code.
(c) A person whose license has been revoked or application for a
license has been refused may reapply for the license after a period
of not less than one year has elapsed from the effective date of the
decision revoking the license or refusing the application.
SEC. 44. Section 11302 of the Vehicle Code is amended to read:
11302. (a) The department may issue, or for reasonable cause
shown, refuse to issue, a vehicle verifier's permit to any applicant,
or may, after notice and hearing, suspend or revoke the permit when
satisfied that the applicant or permittee:
(1) Has violated any of the provisions of this division or has
committed any acts which are grounds for the refusal to issue, or the
suspension or revocation of a permit or license issued under this
division.
(2) Was previously the holder of an occupational license issued by
another state, authorizing the same or similar activities of a
license issued under this division; and that license was revoked or
suspended for cause and was never reissued, or was suspended for
cause, and the terms of suspension have not been fulfilled.
(3) Has purchased, sold, or otherwise acquired or disposed of, a
vehicle which was stolen or embezzled or has performed or submitted
to the department, or its authorized representative, documents
purporting verification of a vehicle which was stolen or embezzled.
(4) Has, in the course of performing a vehicle verification, acted
with negligence or incompetence in the reporting of erroneous
information to the department, or its authorized representative, and
has thereby caused the department to issue inaccurate certificates of
ownership or registration, or any other documents or indices which
it would not otherwise have issued.
(b) Every hearing as provided for in this chapter shall be
pursuant to the provisions of Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code.
SEC. 45. Section 11312 is added to the Vehicle Code, to read:
11312. The suspension, expiration, or cancellation of a vehicle
verifier's permit provided for in this chapter shall not prevent the
filing of an accusation for the revocation or suspension of the
suspended, expired, or canceled permit as provided in Section 11302
or 11305 or any rules or regulations adopted pursuant to Section
11308, and the department's decision that the permit should be
suspended or revoked. That determination may be considered in
granting or refusing to grant any subsequent license or permit
authorized by this division to that vehicle verifier or to a business
representative of that prior vehicle verifier's permit.
SEC. 46. Section 11405 of the Vehicle Code is amended to read:
11405. The department may refuse to issue a license to, or may
suspend, revoke, or cancel the license of, a person to act as a
registration service for any of the following reasons:
(a) The person has been convicted of a felony or a crime involving
moral turpitude which is substantially related to the
qualifications, functions, or duties of the licensed activity.
(b) The person is, or has been, the holder, or a managerial
employee of the holder, of any occupational license issued by the
department which has been suspended or revoked.
(c) The applicant was previously the holder of an occupational
license issued by another state, authorizing the same or similar
activities of a license issued under this division; and that license
was revoked or suspended for cause and was never reissued, or was
suspended for cause, and the terms of suspension have not been
fulfilled.
(d) The person has used a false or fictitious name, knowingly made
any false statement, or knowingly concealed any material fact, in
the application for the license.
(e) The person has knowingly made, or acted with negligence or
incompetence, or knowingly or negligently accepted or failed to
inquire about any false, erroneous, or incorrect statement or
information submitted to the registration service or the department
in the course of the licensed activity.
(f) The person has knowingly or negligently permitted fraud, or
willfully engaged in fraudulent practices, with reference to clients,
vehicle registrants, members of the public, or the department in the
course of the licensed activity.
(g) The person has knowingly or negligently committed or was
responsible for any violation, cause for license refusal, or cause
for discipline under Section 20 or Division 3 (commencing with
Section 4000), Division 3.5 (commencing with Section 9840), Division
4 (commencing with Section 10500), or Division 5 (commencing with
Section 11100), or any rules or regulations adopted under those
provisions.
(h) The person has failed to obtain and maintain an established
place of business in California.
(i) The person has failed to keep the business records required by
Section 11406.
(j) The person has violated any term or condition of a restricted
license to act as a registration service.
(k) The person has committed or was responsible for any other act,
occurrence, or event in California or any foreign jurisdiction which
would be cause to refuse to issue a license to, or to suspend,
revoke, or cancel the license of, a person to act as a registration
service.
SEC. 47. Section 11413 is added to the Vehicle Code, to read:
11413. The suspension, expiration, or cancellation of a
registration service license provided for in this chapter shall not
prevent the filing of an accusation for the revocation or suspension
of the suspended, expired, or canceled license as provided in Section
11405 or 11408 or any related rules or regulations, and the
department's decision that the license should be suspended or
revoked. That determination may be considered in granting or
refusing to grant any subsequent license authorized by this division
to that licensee or to a business representative of that prior
licensee.
SEC. 48. Section 11503 of the Vehicle Code is amended to read:
11503. The department may refuse to issue a license to an
applicant when it determines any of the following:
(a) The applicant was previously the holder, or a managerial
employee of the holder, of a license issued under this chapter which
was revoked for cause and never reissued by the department, or which
was suspended for cause and the terms of suspension have not been
fulfilled.
(b) The applicant was previously a business representative whose
license issued under this chapter was revoked for cause and never
reissued or was suspended for cause and the terms of suspension have
not been fulfilled.
(c) If the applicant is a business, a business representative was
previously the holder of a license, or was a business representative
of a business whose license, issued under this chapter was revoked
for cause and never reissued or was suspended for cause and the terms
of suspension have not been fulfilled; or, by reason of the facts
and circumstances related to the organization, control, and
management of the business, the operation of that business will be
directed, controlled, or managed by individuals who, by reason of
their conviction of violations of this code, would be ineligible for
a license and, by licensing that business, the purposes of this
chapter would be defeated.
(d) The applicant, or a business representative if the applicant
is a business, has been convicted of a crime or has committed any act
or engaged in conduct involving moral turpitude which is
substantially related to the qualifications, functions, or duties of
the licensed activity. A conviction after a plea of nolo contendere
is a conviction within the meaning of this section.
(e) The applicant was previously the holder of an occupational
license issued by another state, authorizing the same or similar
activities of a license issued under this division; and that license
was revoked or suspended for cause and was never reissued, or was
suspended for cause, and the terms of suspension have not been
fulfilled.
(f) The information contained in an application is incorrect.
(g) A decision of the department to cancel, suspend, or revoke a
license has been made, and the applicant was a business
representative of the business regulated under that license.
SEC. 49. Section 11604 of the Vehicle Code is amended to read:
11604. The department may refuse to issue a lessor-retailer
license when it makes any of the following determinations:
(a) The applicant has outstanding an unsatisfied final court
judgment rendered in connection with an activity licensed under the
authority of this division.
(b) The applicant was previously the holder, or a managerial
employee of the holder, of a license issued under this division which
was revoked for cause and never reissued by the department, or which
was suspended for cause and the terms of suspension have not been
fulfilled.
(c) The applicant was previously a business representative whose
license issued under this division was revoked for cause and never
reissued or was suspended for cause and the terms of suspension have
not been fulfilled.
(d) If the applicant is a business, a business representative was
previously the holder of a license, or was a business representative
of a business whose license, issued under this division, was revoked
for cause and never reissued or was suspended for cause and the terms
of suspension have not been fulfilled; or, by reason of the facts
and circumstances related to the organization, control, and
management of the business, the operation of that business will be
directed, controlled, or managed by individuals who, by reason of
their conviction of violations of this code, would be ineligible for
a license and, by licensing that business, the purposes of this
chapter would be defeated.
(e) The applicant, or a business representative if the applicant
is a business, has been convicted of a crime or committed any act or
engaged in conduct involving moral turpitude which is substantially
related to the qualifications, functions, or duties of the licensed
activity. A conviction after a plea of nolo contendere is a
conviction within the meaning of this section.
(f) The applicant was previously the holder of an occupational
license issued by another state, authorizing the same or similar
activities of a license issued under this division; and that license
was revoked or suspended for cause and was never reissued, or was
suspended for cause, and the terms of suspension have not been
fulfilled.
(g) The information contained in the application is incorrect.
(h) A decision of the department to cancel, suspend, or revoke a
license has been made, and the applicant was a business
representative of the business regulated under that license.
(i) The applicant does not have a principal place of business in
California.
SEC. 50. Section 11703 of the Vehicle Code is amended to read:
11703. The department may refuse to issue a license to a
manufacturer, manufacturer branch, remanufacturer, remanufacturer
branch, distributor, distributor branch, transporter, or dealer, if
it determines any of the following:
(a) The applicant was previously the holder, or a managerial
employee of the holder, of a license issued under this chapter which
was revoked for cause and never reissued by the department, or which
was suspended for cause and the terms of suspension have not been
fulfilled.
(b) The applicant was previously a business representative of a
business whose license issued under this chapter was revoked for
cause and never reissued or was suspended for cause and the terms of
suspension have not been fulfilled.
(c) If the applicant is a business, a business representative of
the business was previously the holder of a license, or was a
business representative of a business whose license, issued under
this chapter was revoked for cause and never reissued or was
suspended for cause and the terms of suspension have not been
fulfilled; or, by reason of the facts and circumstances related to
the organization, control, and management of the business, the
operation of that business will be directed, controlled, or managed
by individuals who, by reason of their conviction of violations of
the provisions of this code, would be ineligible for a license and,
by licensing the business, the purposes of this chapter would be
defeated.
(d) The applicant, or a business representative if the applicant
is a business, has been convicted of a crime or committed any act or
engaged in any conduct involving moral turpitude which is
substantially related to the qualifications, functions, or duties of
the licensed activity. A conviction after a plea of nolo contendere
is a conviction within the meaning of this section.
(e) The applicant was previously the holder of an occupational
license issued by another state, authorizing the same or similar
activities of a license issued under this division; and that license
was revoked or suspended for cause and was never reissued, or was
suspended for cause, and the terms of suspension have not been
fulfilled.
(f) The information contained in the application is incorrect.
(g) Upon investigation, the business history required by Section
11704 contains incomplete or incorrect information, or reflects
substantial business irregularities.
(h) A decision of the department to cancel, suspend, or revoke a
license has been made and the applicant was a business representative
of the business regulated under that license.
SEC. 51. Section 11806 of the Vehicle Code is amended to read:
11806. The department, after notice and hearing, may refuse to
issue, or may suspend or revoke, a vehicle salesperson's license when
it makes any of the following findings and determinations:
(a) The applicant or licensee has outstanding an unsatisfied final
court judgment rendered in connection with an activity licensed
under this division.
(b) The applicant or licensee has failed to pay funds or property
received in the course of employment to a dealer entitled thereto.
(c) The applicant or licensee has failed to surrender possession
of, or failed to return, any vehicle to a dealer lawfully entitled
thereto upon termination of employment.
(d) A cause for refusal, suspension, or revocation exists under
any provision of Sections 11302 to 11909, inclusive.
(e) The applicant was previously the holder of an occupational
license issued by another state authorizing the same or similar
activities of a license issued under this division; and that license
was revoked or suspended for cause and was never reissued, or was
suspended for cause, and the terms of suspension have not been
fulfilled.
(f) The applicant or licensee has acted as a dealer by purchasing
or selling vehicles while employed by a licensed dealer without
reporting that fact to the dealer or without utilizing the report of
sale documents issued to the dealer.
(g) The applicant or licensee has acted as a vehicle salesperson
or engaged in that activity for, or on behalf of, more than one
licensed dealer whose business does not have identical ownership and
structure. Nothing in this section restricts the number of
dealerships of which a person may be an owner, officer, or director,
or precludes a vehicle salesperson from working at more than one
location of one licensed dealer if the business of that dealer has
identical ownership and structure.
(h) The applicant or licensee has acted as a vehicle salesperson
without having first complied with Section 11812.
(i) The applicant or licensee was a managerial employee of a
dealer during the time a person under the direction or control of the
managerial employee committed wrongful acts which resulted in the
suspension or revocation of the dealer's license.
(j) The applicant or licensee has acted as a dealer by purchasing
or selling any vehicle and using the license, report of sale books,
purchase drafts, financial institution accounts, or other supplies of
a dealer to facilitate that purchase or sale, when the applicant or
licensee is not acting on behalf of that dealer.
SEC. 52. Section 11902 of the Vehicle Code is amended to read:
11902. (a) The department shall issue a representative's license
when it finds and determines that the applicant has furnished the
required information, and that the applicant intends in good faith to
act as a representative and has paid the fees required by Sections
9262 and 11723.
(b) The department may refuse to issue, or may suspend or revoke,
a license for any of the following reasons:
(1) The information in the application is incorrect.
(2) The applicant or licensee has been convicted of a crime or
committed any act or engaged in any conduct involving moral turpitude
which is substantially related to the qualifications, functions, or
duties of the licensed activity. A conviction after a plea of nolo
contendere is a conviction within the meaning of this section.
(3) The applicant or licensee has outstanding an unpaid final
court judgment rendered in connection with an activity licensed under
this chapter.
(4) The applicant or licensee was previously the holder of, or was
a business representative of a business which was the holder of, a
license and certificate issued under this chapter which were revoked
for cause and not reissued by the department or which were suspended
for cause and the terms of suspension have not been fulfilled.
(5) The applicant was previously the holder of an occupational
license issued by another state, authorizing the same or similar
activities of a license issued under this division; and that license
was revoked or suspended for cause and was never reissued, or was
suspended for cause, and the terms of suspension have not been
fulfilled.
(6) The applicant or licensee has committed any act prohibited by
Section 11713.2 or 11713.3.
(c) Pending the determination of the department that the applicant
has met the requirements of this chapter, it may issue a temporary
permit to any person applying for a representative's license. The
temporary permit shall permit the operation by the representative for
a period not to exceed 120 days while the department is completing
its investigation and determination of all facts relative to the
qualifications of the applicant for a license. The temporary permit
is invalid after the applicant's license has been issued or refused.
(d) The department may issue a probationary representative's
license based upon the existence of any circumstance set forth in
subdivision (b), subject to conditions to be observed in the exercise
of the privilege granted, either upon application for the issuance
of a license or upon application for the renewal of a license. The
conditions to be attached to the exercise of the privilege shall not
appear on the face of the license but shall be those which, in the
judgment of the department, are in the public interest and suitable
to the qualifications of the applicant as disclosed by the
application and investigation by the department of the information
contained therein.
SEC. 53. Section 12523.6 of the Vehicle Code is amended to read:
12523.6. (a) (1) On and after March 1, 1998, no person who is
employed primarily as a driver of a motor vehicle that is used for
the transportation of persons with developmental disabilities, as
defined in subdivision (a) of Section 4512 of the Welfare and
Institutions Code, shall operate that motor vehicle unless that
person has in his or her possession a valid driver's license of the
appropriate class and a valid special driver certificate issued by
the department.
(2) This subdivision only applies to a person who is employed by a
business, a nonprofit organization, or a state or local public
agency.
(b) The special driver certificate shall be issued only to an
applicant who has cleared a criminal history background check by the
Department of Justice and, if applicable, by the Federal Bureau of
Investigation.
(1) In order to determine the applicant's suitability as the
driver of a vehicle used for the transportation of persons with
developmental disabilities, the Department of the California Highway
Patrol shall require the applicant to furnish to that department, on
a form provided or approved by that department for submission to the
Department of Justice, a full set of fingerprints sufficient to
enable a criminal background investigation.
(2) Except as provided in paragraph (3), an applicant shall
furnish to the Department of the California Highway Patrol evidence
of having resided in this state for seven consecutive years
immediately prior to the date of application for the certificate.
(3) If an applicant is unable to furnish the evidence required
under paragraph (2), the Department of the California Highway Patrol
shall require the applicant to furnish an additional full set of
fingerprints. That department shall submit those fingerprint cards
to the Department of Justice. The Department of Justice shall, in
turn, submit the additional full set of fingerprints required under
this paragraph to the Federal Bureau of Investigation for a national
criminal history record check.
(4) Applicant fingerprint forms shall be processed and returned to
the area office of the Department of the California Highway Patrol
from which they originated not later than 15 working days from the
date on which the fingerprint forms were received by the Department
of Justice, unless circumstances, other than the administrative
duties of the Department of Justice, warrant further investigation.
Upon implementation of an electronic fingerprinting system with
terminals located statewide and managed by the Department of Justice,
the Department of Justice shall ascertain the information required
pursuant to this subdivision within three working days.
(5) The applicant shall pay, in addition to the fees authorized in
Section 2427, a fee of twenty-five dollars ($25) for an original
certificate and twelve dollars ($12) for the renewal of that
certificate to the Department of the California Highway Patrol.
(c) A certificate issued under this section shall not be deemed a
certification to operate a particular vehicle that otherwise requires
a driver's license or endorsement for a particular class under this
code.
(d) On or after March 1, 1998, no person who operates a business
or a nonprofit organization or agency shall employ a person who is
employed primarily as a driver of a motor vehicle for hire that is
used for the transportation of persons with developmental
disabilities unless the employed person operates the motor vehicle in
compliance with subdivision (a).
(e) Nothing in this section precludes an employer of persons who
are occasionally used as drivers of motor vehicles for the
transportation of persons with developmental disabilities from
requiring those persons, as a condition of employment, to obtain a
special driver certificate pursuant to this section or precludes any
volunteer driver from applying for a special driver certificate.
(f) As used in this section, a person is employed primarily as
driver if that person performs at least 50 percent of his or her time
worked including, but not limited to, time spent assisting persons
onto and out of the vehicle, or at least 20 hours a week, whichever
is less, as a compensated driver of a motor vehicle for hire for the
transportation of persons with developmental disabilities.
(g) This section does not apply to any person who has successfully
completed a background investigation prescribed by law, including,
but not limited to, health care transport vehicle operators, or to
the operator of a taxicab regulated pursuant to Section 21100. This
section does not apply to a person who holds a valid certificate,
other than a farm labor vehicle driver certificate, issued under
Section 12517.4 or 12527. This section does not apply to a driver
who provides transportation on a noncommercial basis to persons with
developmental disabilities.
SEC. 54. Section 12804.9 of the Vehicle Code, as amended by
Section 1 of Chapter 819 of the Statutes of 1996, 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 for any applicant who submits a license issued by
another state, territory, or possession of the United States, the
District of Columbia, or the Commonwealth of Puerto Rico if the
department verifies through any acknowledged national driver record
data source that there are no stops, holds, or other impediments to
its issuance. 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 grounds exist 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) Any vehicle or combination of vehicles with a gross
combination weight rating or a gross vehicle weight rating, as those
terms are defined in subdivisions (g) and (h), respectively, of
Section 15210, of 26,000 pounds or less, if all of the following
conditions are met:
(i) Is operated by a farmer or an employee of a farmer.
(ii) Is used exclusively in the conduct of agricultural
operations.
(iii) Is not used in the capacity of a for-hire carrier or for
compensation.
(H) Any combination of vehicles with a gross combination weight
rating, as defined in subdivision (g) of Section 15210, of 26,000
pounds or less when towing a boat trailer under the following
conditions:
(i) The combination of vehicles is used to transport a boat for
recreational purposes or to and from a place of repair.
(ii) The combination of vehicles is not used in the operations of
a common or contract carrier or in the course of any business
endeavor.
(iii) The towing of the trailer is not for compensation.
(iv) The combination of vehicles and its load are not of a size
that requires a permit pursuant to Section 35780.
(I) 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, that 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 that are not commercial vehicles, as defined in subdivision
(b) of Section 15210, and for operating class M1 or M2 vehicles, if
so endorsed, that 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) 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.
(l) This section shall remain in effect only until January 1,
2001, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2001, deletes or extends
that date.
SEC. 54.5. Section 12804.9 of the Vehicle Code, as amended by
Section 1 of Chapter 819 of the Statutes of 1996, 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 for any applicant who submits a license issued by
another state, territory, or possession of the United States, the
District of Columbia, or the Commonwealth of Puerto Rico if the
department verifies through any acknowledged national driver record
data source that there are no stops, holds, or other impediments to
its issuance. 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 grounds exist 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) Any vehicle or combination of vehicles with a gross
combination weight rating or a gross vehicle weight rating, as those
terms are defined in subdivisions (g) and (h), respectively, of
Section 15210, of 26,000 pounds or less, if all of the following
conditions are met:
(i) Is operated by a farmer , an employee of a farmer, or an
instructor credentialed in agriculture as part of an instructional
program in agriculture at the high school, community college, or
university level.
(ii) Is used exclusively in the conduct of agricultural
operations.
(iii) Is not used in the capacity of a for-hire carrier or for
compensation.
(H) Any combination of vehicles with a gross combination weight
rating, as defined in subdivision (g) of Section 15210, of 26,000
pounds or less when towing a boat trailer under the following
conditions:
(i) The combination of vehicles is used to transport a boat for
recreational purposes or to and from a place of repair.
(ii) The combination of vehicles is not used in the operations of
a common or contract carrier or in the course of any business
endeavor.
(iii) The towing of the trailer is not for compensation.
(iv) The combination of vehicles and its load are not of a size
that requires a permit pursuant to Section 35780.
(I) 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, that 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 that are not commercial vehicles, as defined in subdivision
(b) of Section 15210, and for operating class M1 or M2 vehicles, if
so endorsed, that 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) 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.
(l) This section shall remain in effect only until January 1,
2001, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2001, deletes or extends
that date.
SEC. 55. Section 12804.9 of the Vehicle Code, as added by Section
2 of Chapter 819 of the Statutes of 1996, 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 for any applicant who submits a license issued by
another state, territory, or possession of the United States, the
District of Columbia, or the Commonwealth of Puerto Rico if the
department verifies through an acknowledged national driver record
data source that there are no stops, holds, or other impediments to
its issuance. 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, that 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 that are not commercial vehicles, as defined in subdivision
(b) of Section 15210, and for operating class M1 or M2 vehicles, if
so endorsed, that 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) 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.
(l) This section shall become operative on January 1, 2001.
SEC. 56. Section 13364 of the Vehicle Code is amended to read:
13364. (a) Notwithstanding any other provision of this code, a
person's privilege to operate a motor vehicle shall be suspended upon
notification by a bank or financial institution that a check has
been dishonored when that check was presented to the department for
either of the following reasons:
(1) In payment of a fine that resulted from an outstanding
violation pursuant to Section 40508 or a suspension pursuant to
Section 13365.
(2) In payment of a fee or penalty owed by the person, if the fee
or penalty is required by this code for the issuance, reissuance, or
return of the person's driver's license after suspension, revocation,
or restriction of the driving privilege.
(b) The suspension shall remain in effect until payment of all
fines, fees, and penalties is made to the department or to the court,
as appropriate, and the person's driving record does not contain any
notification of a court order issued pursuant to subdivision (a) of
Section 42003 or of a violation of subdivision (a) or (b) of Section
40508.
(c) No suspension imposed pursuant to this section shall become
effective until 30 days after the mailing of a written notice of the
intent to suspend.
(d) The written notice of a suspension imposed pursuant to this
section shall be delivered by certified mail.
(e) If any personal check is offered in payment of fines described
in paragraph (1) of subdivision (a) and is returned for any reason,
the related notice issued pursuant to Section 40509 or 40509.5 shall
be restored to the person's record.
(f) Notwithstanding any other provision of law, any license that
has been suspended pursuant to this section shall immediately be
reinstated, and the fees and penalties waived, upon the submission of
proof acceptable to the department that the check has been
erroneously dishonored by the bank or financial institution.
SEC. 57. Section 13365 of the Vehicle Code is amended to read:
13365. (a) Upon receipt of notification of a violation of
subdivision (a) or (b) of Section 40508, the department shall take
the following action:
(1) If the notice is given pursuant to subdivision (a) or (b) of
Section 40509, if the driving record of the person who is the subject
of the notice contains one or more prior notifications of a
violation issued pursuant to Section 40509 or 40509.5, and if the
person's driving privilege is not currently suspended under this
section, the department shall suspend the driving privilege of the
person.
(2) If the notice is given pursuant to subdivision (a) or (b) of
Section 40509.5, and if the driving privilege of the person who is
the subject of the notice is not currently suspended under this
section, the department shall suspend the driving privilege of the
person.
(b) A suspension under this section shall not be effective before
a date 60 days after the date of receipt, by the department, of the
notice given specified in subdivision (a), and the notice of
suspension shall not be mailed by the department before a date 30
days after receipt of the notice given specified in subdivision (a).
The suspension shall continue until the suspended person's
driving record does not contain any notification of a violation of
subdivision (a) or (b) of Section 40508.
SEC. 58. Section 13369 of the Vehicle Code is amended to read:
13369. This section applies to the following endorsements and
certificates: passenger transport vehicle, hazardous materials,
schoolbus, school pupil activity bus, youth bus, general public
paratransit vehicle, farm labor vehicle, and vehicle used for the
transportation of developmentally disabled persons.
(a) The department shall refuse to issue or renew, or shall revoke
for any of the following causes, the certificate or endorsement of
any person who:
(1) Within the preceding three years, has committed any violation
which results in a conviction assigned a violation point count of two
or more, as defined in Section 12810 and 12810.5. The department
shall not refuse to issue or renew, nor shall it revoke a person's
hazardous materials or passenger transportation vehicle endorsement
if the violation leading to the conviction occurred in the person's
private vehicle and not in a commercial motor vehicle, as defined in
Section 15210.
(2) Within the preceding three years, has had his or her driving
privilege suspended, revoked, or on probation for any reason
involving unsafe operation of a motor vehicle. The department shall
not refuse to issue or renew, nor shall it revoke, a person's
hazardous materials or passenger transportation vehicle endorsement
if the person's driving privilege has, within the preceding three
years, been placed on probation only for any reason involving unsafe
operation of a motor vehicle, or if Section 13353.6 applies.
(b) The department may refuse to issue or renew, or may suspend or
revoke the certificate or endorsement of any person who:
(1) Within the preceding 12 months, has been involved as a driver
in three accidents in which the driver caused or contributed to the
causes of the accidents.
(2) Within the preceding 24 months, as a driver, caused or
contributed to the cause of an accident resulting in a fatality or
serious injury or serious property damage in excess of five hundred
dollars ($500).
(3) Has violated any provision of this code, or any rule or
regulation pertaining to the safe operation of a vehicle for which
the certificate or endorsement was issued.
(4) Has violated any restriction of the certificate, endorsement,
or commercial driver's license.
(5) Has knowingly made a false statement or concealed a material
fact on an application for a certificate or endorsement.
(6) Has been determined by the department to be a negligent or
incompetent operator.
(7) Has demonstrated irrational behavior to the extent that a
reasonable and prudent person would have reasonable cause to believe
that the applicant's ability to perform the duties of a driver may be
impaired.
(8) Excessively or habitually uses, or is addicted to, alcoholic
beverages, narcotics, or dangerous drugs.
(9) Does not meet the minimum medical standards established or
approved by the department.
(c) The department may cancel the certificate or endorsement of
any driver who:
(1) Does not have a valid license of the appropriate class.
(2) Has requested cancellation of the certificate or endorsement.
(3) Has failed to meet any of the requirements for issuance or
retention of the certificate or endorsement, including, but not
limited to, payment of the proper fee, submission of an acceptable
medical report and fingerprint cards, and failure to meet prescribed
training requirements.
(4) Has had his or her driving privilege suspended or revoked for
a cause involving other than the safe operation of a motor vehicle.
(d) With regard to a violation, accident, or departmental action
which occurred prior to January 1, 1991, subdivision (a) and
paragraphs (1), (2), and (3) of subdivision (b) do not apply to a
driver holding a valid passenger transport or hazardous materials
endorsement, or a valid class 1 or class 2 license who is applying to
convert that license to a class A or class B license with a
passenger transport or hazardous materials endorsement, if the driver
submits proof that he or she is currently employed operating
vehicles requiring the endorsement, or a valid class 3 license who is
applying for a class C license with a hazardous materials
endorsement if the driver submits proof that he or she is currently
employed operating vehicles requiring the endorsement.
(e) Subdivision (d) does not apply to drivers applying for a
schoolbus, school pupil activity bus, youth bus, general public
paratransit vehicle, or farm labor vehicle certificate.
(f) (1) Reapplication following denial or revocation under
subdivision (a) or (b) may be made after a period of not less than
one year from the effective date of denial or revocation, except in
cases where a longer period of suspension or revocation is required
by law.
(2) Reapplication following cancellation under subdivision (d) may
be made any time without prejudice.
SEC. 59. Section 13370 of the Vehicle Code is amended to read:
13370. (a) The department shall deny or revoke a schoolbus,
school pupil activity bus, general public paratransit vehicle, youth
bus driver certificate, or a certificate for a vehicle used for the
transportation of developmentally disabled persons if any of the
following causes apply to the applicant or certificate holder:
(1) Has been convicted of any sex offense as defined in Section
44010 of the Education Code.
(2) Has been convicted, within the two years preceding the
application date, of any offense specified in Section 11361.5 of the
Health and Safety Code.
(3) Has failed to meet prescribed testing or training requirements
for certificate issuance.
(b) The department may deny, suspend, or revoke a schoolbus,
school pupil activity bus, general public paratransit vehicle, or
youth bus driver certificate, or a certificate for a vehicle used for
the transportation of developmentally disabled persons if any of the
following causes apply to the applicant or certificate holder:
(1) Has been convicted of any crime specified in Section 44424 of
the Education Code within the seven years preceding the application
date. This paragraph does not apply if denial is mandatory.
(2) Has committed any act involving moral turpitude.
(3) Has been convicted of any offense, not specified in this
section and other than a sex offense, that is punishable as a felony,
within the seven years preceding the application date.
(4) Has been dismissed as a driver for a cause relating to pupil
transportation safety.
(5) Has been convicted, within the seven years preceding the
application date, of any offense relating to the use, sale,
possession, or transportation of narcotics, habit-forming drugs, or
dangerous drugs, except as provided in paragraph (3) of subdivision
(a).
(c) (1) Reapplication following denial or revocation under
subdivision (a) or (b) may be made after a period of not less than
one year from the effective date of denial or revocation.
(2) An applicant or holder of a certificate may reapply for a
certificate whenever a felony or misdemeanor conviction is reversed
or dismissed. A termination of probation and dismissal of charges
pursuant to Section 1203.4 of the Penal Code or a dismissal of
charges pursuant to Section 1203.4a of the Penal Code is not a
dismissal for purposes of this section.
SEC. 59.5. Section 13370 of the Vehicle Code is amended to read:
13370. (a) The department shall deny or revoke a schoolbus,
school pupil activity bus, general public paratransit vehicle, youth
bus driver certificate, or a certificate for a vehicle used for the
transportation of developmentally disabled persons if any of the
following causes apply to the applicant or certificate holder:
(1) Has been convicted of any sex offense as defined in Section
44010 of the Education Code.
(2) Has been convicted, within the two years preceding the
application date, of any offense specified in Section 11361.5 of the
Health and Safety Code.
(3) Has failed to meet prescribed testing or training requirements
for certificate issuance.
(4) (A) Has been convicted of any violent felony listed in
subdivision (c) of Section 667.5 of the Penal Code or any serious
felony listed in subdivision (c) of Section 1192.7 of the Penal Code.
(B) Subparagraph (A) does not apply to the holder of a valid
schoolbus, school pupil activity bus, general public paratransit
vehicle, or youth bus driver certificate unless the holder is
convicted of a violent felony listed in subdivision (c) of Section
667.5 of the Penal Code or a serious felony listed in subdivision (c)
of Section 1192.7 of the Penal Code after the effective date of the
act that added this subparagraph.
(b) The department may deny, suspend, or revoke a schoolbus,
school pupil activity bus, general public paratransit vehicle, or
youth bus driver certificate, or a certificate for a vehicle used for
the transportation of developmentally disabled persons if any of the
following causes apply to the applicant or certificate holder:
(1) Has been convicted of any crime specified in Section 44424 of
the Education Code, within seven years preceding the application
date. This paragraph does not apply if denial is mandatory.
(2) Has committed any act involving moral turpitude.
(3) Has been convicted of any offense, not specified in this
section and other than a sex offense, that is punishable as a felony,
within the seven years preceding the application date.
(4) Has been dismissed as a driver for a cause relating to pupil
transportation safety.
(5) Has been convicted, within the seven years preceding the
application date, of any offense relating to the use, sale,
possession, or transportation of narcotics, habit-forming drugs, or
dangerous drugs, except as provided in paragraph (3) of subdivision
(a).
(c) (1) Reapplication following denial or revocation under
subdivision (a) or (b) may be made after a period of not less than
one year from the effective date of denial or revocation.
(2) An applicant or holder of a certificate may reapply for a
certificate whenever a felony or misdemeanor conviction is reversed
or dismissed. A termination of probation and dismissal of charges
pursuant to Section 1203.4 of the Penal Code or a dismissal of
charges pursuant to Section 1203.4a of the Penal Code is not a
dismissal for purposes of this section.
SEC. 60. Section 13371 of the Vehicle Code is amended to read:
13371. This section applies to schoolbus, school pupil activity
bus, youth bus, general public paratransit vehicle certificates, and
a certificate for a vehicle used for the transportation of
developmentally disabled persons.
(a) Any driver or applicant who has received a notice of denial,
suspension, or revocation, may, within 15 days of the mailing date,
submit to the department a written request for a hearing. Failure to
demand a hearing within 15 days is a waiver of the right to a
hearing.
(1) Upon receipt by the department of the hearing request, the
department may stay the action until a hearing is conducted and the
final decision has been rendered by the Certificate Action Review
Board pursuant to paragraph (2) of subdivision (d). The department
shall not stay an action when there is reasonable cause to believe
the stay would pose a significant risk to the safety of pupils being
transported in a schoolbus, school pupil activity bus, youth bus, or
persons being transported in a general public paratransit vehicle.
(2) An applicant or driver is not entitled to a hearing whenever
the action by the department is made mandatory by this article or any
other applicable law or regulation except where the cause for denial
is based on failure to meet medical standards or excessive and
habitual use of or addiction to alcoholic beverages, narcotics, or
dangerous drugs.
(b) The department shall appoint a hearing officer to conduct the
hearing in accordance with Section 14112. After the hearing, the
hearing officer shall prepare and submit findings and recommendations
to the department.
(c) The department shall mail, as specified in Section 22, a copy
of the hearing officer's findings and recommendations to the driver
or applicant and to the driver or applicant's hearing representative,
either of whom may file a statement of exception to the findings and
recommendations within 24 days after the mailing date.
(d) (1) The Certificate Action Review Board consists of the
following three members: a chairperson appointed by the director of
the department, a member appointed by the Commissioner of the
California Highway Patrol, and a member appointed by the
Superintendent of Public Instruction.
(2) After a hearing, the board shall review the findings and
recommendations of the hearing officer, and any statement of
exception, and make a decision concerning disposition of the action
taken by the department, which decision shall be final. At this
stage, no evidence shall be heard that was not presented at the
hearing, unless the person wishing to present the new evidence
establishes, to the satisfaction of the board, that it could not have
been obtained with due diligence prior to the hearing.
SEC. 61. Section 14910 of the Vehicle Code is amended to read:
14910. (a) The department shall, with the consent of the
applicant, collect the amounts which it has been notified are due
pursuant to Sections 40509 and 40509.5, and any service fees added to
those amounts, at the time it collects from the applicant any fees
and penalties required to issue or renew a driver's license or
identification card.
(b) Except as provided in subdivision (c), the department shall
remit all amounts collected pursuant to subdivision (a), after
deducting the administrative fee authorized in subdivision (c), to
each jurisdiction in the amounts due to each jurisdiction according
to its notices filed with the department. Within 45 days from the
time payment is received by the department, the department shall
inform each jurisdiction which of its notices of failure to appear or
failure to pay have been discharged.
(c) The department shall assess a fee for posting the bail on each
notice of failure to appear or failure to pay which is given to the
department pursuant to Section 40509 or 40509.5, in an amount, as
determined by the department, that is sufficient to provide a sum
equal to its actual costs of administering this section, not to
exceed one dollar ($1) per notice. The fees shall be assessed to
each jurisdiction on a regular basis by deducting the amount due to
the department pursuant to
this subdivision from the bails and fines collected pursuant to
subdivision (a), prior to remitting the balance to each jurisdiction
pursuant to subdivision (b).
(d) Except as provided in subdivision (e) of Section 13364, if
bail is collected under this section for the violation of any
provisions of this code, the person shall be deemed to be convicted
of those sections violated.
(e) Any amounts collected by the department under this section are
nonrefundable by the department.
(f) Notwithstanding Section 42003, payment of bail to the
department in accordance with this section shall be paid in full and
not in installments.
SEC. 62. Section 21053 of the Vehicle Code is amended to read:
21053. This code, except Chapter 1 (commencing with Section
20000) 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. 63. Section 21101 of the Vehicle Code is amended to read:
21101. Local authorities, for those highways under their
jurisdiction, may adopt rules and regulations by ordinance or
resolution on the following matters:
(a) Closing any highway to vehicular traffic when, in the opinion
of the legislative body having jurisdiction, the highway is either of
the following:
(1) No longer needed for vehicular traffic.
(2) The closure is in the interests of public safety and all the
following conditions and requirements are met:
(A) The street proposed for closure is located in a county with a
population of 6,000,000 or more.
(B) The street has an unsafe volume of traffic and a significant
incidence of crime.
(C) The affected local authority conducts a public hearing on the
proposed street closure.
(D) Notice of the hearing is provided to residents and owners of
property adjacent to the street proposed for closure.
(E) The local authority makes a finding that closure of the street
likely would result in a reduced rate of crime.
(b) Designating any highway as a through highway and requiring
that all vehicles observe official traffic control devices before
entering or crossing the highway or designating any intersection as a
stop intersection and requiring all vehicles to stop at one or more
entrances to the intersection.
(c) Prohibiting the use of particular highways by certain
vehicles, except as otherwise provided by the Public Utilities
Commission pursuant to Article 2 (commencing with Section 1031) of
Chapter 5 of Part 1 of Division 1 of the Public Utilities Code.
(d) Closing particular streets during regular school hours for the
purpose of conducting automobile driver training programs in the
secondary schools and colleges of this state.
(e) Temporarily closing a portion of any street for celebrations,
parades, local special events, and other purposes when, in the
opinion of local authorities having jurisdiction, the closing is
necessary for the safety and protection of persons who are to use
that portion of the street during the temporary closing.
(f) Prohibiting entry to, or exit from, or both, from any street
by means of islands, curbs, traffic barriers, or other roadway design
features to implement the circulation element of a general plan
adopted pursuant to Article 6 (commencing with Section 65350) of
Chapter 3 of Division 1 of Title 7 of the Government Code. The rules
and regulations authorized by this subdivision shall be consistent
with the responsibility of local government to provide for the health
and safety of its citizens.
SEC. 63.5. Section 21101 of the Vehicle Code is amended to read:
21101. Local authorities, for those highways under their
jurisdiction, may adopt rules and regulations by ordinance or
resolution on the following matters:
(a) Closing any highway to vehicular traffic when, in the opinion
of the legislative body having jurisdiction, the highway is either of
the following:
(1) No longer needed for vehicular traffic.
(2) The closure is in the interests of public safety and all of
the following conditions and requirements are met:
(A) The street proposed for closure is located in a county with a
population of 6,000,000 or more.
(B) The street has an unsafe volume of traffic and a significant
incidence of crime.
(C) The affected local authority conducts a public hearing on the
proposed street closure.
(D) Notice of the hearing is provided to residents and owners of
property adjacent to the street proposed for closure.
(E) The local authority makes a finding that closure of the street
likely would result in a reduced rate of crime.
(b) Designating any highway as a through highway and requiring
that all vehicles observe official traffic control devices before
entering or crossing the highway or designating any intersection as a
stop intersection and requiring all vehicles to stop at one or more
entrances to the intersection.
(c) Prohibiting the use of particular highways by certain
vehicles, except as otherwise provided by the Public Utilities
Commission pursuant to Article 2 (commencing with Section 1031) of
Chapter 5 of Part 1 of Division 1 of the Public Utilities Code.
(d) Closing particular streets during regular school hours for the
purpose of conducting automobile driver training programs in the
secondary schools and colleges of this state.
(e) Temporarily closing a portion of any street for celebrations,
parades, local special events, and other purposes when, in the
opinion of local authorities having jurisdiction or a public officer
or employee that the local authority designates by resolution, the
closing is necessary for the safety and protection of persons who are
to use that portion of the street during the temporary closing.
(f) Prohibiting entry to, or exit from, or both, from any street
by means of islands, curbs, traffic barriers, or other roadway design
features to implement the circulation element of a general plan
adopted pursuant to Article 6 (commencing with Section 65350) of
Chapter 3 of Division 1 of Title 7 of the Government Code. The rules
and regulations authorized by this subdivision shall be consistent
with the responsibility of local government to provide for the health
and safety of its citizens.
SEC. 64. Section 21104 of the Vehicle Code is amended to read:
21104. No ordinance or resolution proposed to be enacted under
Section 21101 or subdivision (d) of Section 21100 is effective as to
any highway not under the exclusive jurisdiction of the local
authority enacting the same, except that an ordinance or resolution
which is submitted to the Department of Transportation by a local
legislative body in complete draft form for approval prior to the
enactment thereof is effective as to any state highway or part
thereof specified in the written approval of the department.
This section does not preclude the application of an ordinance or
resolution adopted under Section 21101 or subdivision (d) of Section
21100 to streets maintained by a community services district
organized pursuant to Division 3 (commencing with Section 61000) of
Title 6 of the Government Code.
SEC. 65. Section 21201.3 is added to the Vehicle Code, to read:
21201.3. (a) A bicycle or motorized bicycle used by a peace
officer, as defined in Section 830.1 of, subdivision (a), (b), (c),
(d), (e), (f), (g), or (i) of Section 830.2 of, subdivision (b) or
(d) of Section 830.31 of, subdivision (a) or (b) of Section 830.32
of, Section 830.33 of, subdivision (a) of Section 830.36 of,
subdivision (a) of Section 830.4 of, or Section 830.6 of, the Penal
Code, in the performance of the peace officer's duties, may display a
steady or flashing blue warning light that is visible from the
front, sides, or rear of the bicycle or motorized bicycle.
(b) No person shall display a steady or flashing blue warning
light on a bicycle or motorized bicycle except as authorized under
subdivision (a).
SEC. 66. Section 22500 of the Vehicle Code is amended to read:
22500. No person shall stop, park, or leave standing any vehicle
whether attended or unattended, except when necessary to avoid
conflict with other traffic or in compliance with the directions of a
peace officer or official traffic control device, in any of the
following places:
(a) Within an intersection, except adjacent to curbs as may be
permitted by local ordinance.
(b) On a crosswalk, except that a bus engaged as a common carrier
or a taxicab may stop in an unmarked crosswalk to load or unload
passengers when authorized by the legislative body of any city
pursuant to an ordinance.
(c) Between a safety zone and the adjacent right-hand curb or
within the area between the zone and the curb as may be indicated by
a sign or red paint on the curb, which sign or paint was erected or
placed by local authorities pursuant to an ordinance.
(d) Within 15 feet of the driveway entrance to any fire station.
This subdivision does not apply to any vehicle owned or operated by a
fire department and clearly marked as a fire department vehicle.
(e) In front of a public or private driveway, except that a bus
engaged as a common carrier, schoolbus, or a taxicab may stop to load
or unload passengers when authorized by local authorities pursuant
to an ordinance.
In unincorporated territory, where the entrance of a private road
or driveway is not delineated by an opening in a curb or by other
curb construction, so much of the surface of the ground as is paved,
surfaced, or otherwise plainly marked by vehicle use as a private
road or driveway entrance, shall constitute a driveway.
(f) On any portion of a sidewalk, or with the body of the vehicle
extending over any portion of a sidewalk, except electric carts when
authorized by local ordinance, as specified in Section 21114.5.
Lights, mirrors, or devices that are required to be mounted upon a
vehicle under this code may extend from the body of the vehicle over
the sidewalk to a distance of not more than 10 inches.
(g) Alongside or opposite any street or highway excavation or
obstruction when stopping, standing, or parking would obstruct
traffic.
(h) On the roadway side of any vehicle stopped, parked, or
standing at the curb or edge of a highway, except for a schoolbus
when stopped to load or unload pupils in a business or residence
district where the speed limit is 25 miles per hour or less.
(i) Except as provided under Section 22500.5, alongside curb space
authorized for the loading and unloading of passengers of a bus
engaged as a common carrier in local transportation when indicated by
a sign or red paint on the curb erected or painted by local
authorities pursuant to an ordinance.
(j) In a tube or tunnel, except vehicles of the authorities in
charge, being used in the repair, maintenance, or inspection of the
facility.
(k) Upon a bridge, except vehicles of the authorities in charge,
being used in the repair, maintenance, or inspection of the facility,
and except that buses engaged as a common carrier in local
transportation may stop to load or unload passengers upon a bridge
where sidewalks are provided, when authorized by local authorities
pursuant to an ordinance, and except that local authorities pursuant
to an ordinance or the Department of Transportation pursuant to an
order, within their respective jurisdictions, may permit parking on
bridges having sidewalks and shoulders of sufficient width to permit
parking without interfering with the normal movement of traffic on
the roadway. Local authorities, by ordinance or resolution, may
permit parking on these bridges on state highways in their respective
jurisdictions if the ordinance or resolution is first approved in
writing by the Department of Transportation. Parking shall not be
permitted unless there are signs in place, as may be necessary, to
indicate the provisions of local ordinances or the order of the
Department of Transportation.
(l) In front of that portion of a curb that has been cut down,
lowered, or constructed to provide wheelchair accessibility to the
sidewalk and that is designated for wheelchair access by either a
sign or red paint on the curb pursuant to an ordinance of the local
authority.
SEC. 67. Section 27315 of the Vehicle Code is amended to read:
27315. (a) The Legislature finds that a mandatory seatbelt law
will contribute to reducing highway deaths and injuries by
encouraging greater usage of existing manual seatbelts, that
automatic crash protection systems which require no action by vehicle
occupants offer the best hope of reducing deaths and injuries, and
that encouraging the use of manual safety belts is only a partial
remedy for addressing this major cause of death and injury. The
Legislature declares that the enactment of this section is intended
to be compatible with support for federal safety standards requiring
automatic crash protection systems and should not be used in any
manner to rescind federal requirements for installation of automatic
restraints in new cars.
(b) This section shall be known and may be cited as the Motor
Vehicle Safety Act.
(c) As used in this section, "motor vehicle" means any passenger
vehicle or any motortruck or truck tractor, but does not include a
motorcycle.
(d) (1) No person shall operate a motor vehicle on a highway
unless that person and all passengers 16 years of age or over are
properly restrained by a safety belt. This paragraph does not apply
to the operator of a taxicab, as defined in Section 27908, when the
taxicab is driven on a city street. The safety belt requirement
established by this paragraph is the minimum safety standard
applicable to employees being transported in a motor vehicle. This
paragraph does not preempt any more stringent or restrictive
standards imposed by the Labor Code or any other state or federal
regulation regarding the transportation of employees in a motor
vehicle.
(2) The operator of a limousine for hire or the operator of an
authorized emergency vehicle, as defined in subdivision (a) of
Section 165, shall not operate the limousine for hire or authorized
emergency vehicle unless the operator and any passengers four years
of age or over and weighing 40 pounds or more, in the front seat are
properly restrained by a safety belt.
(3) The operator of a taxicab shall not operate the taxicab unless
any passengers four years of age or over and weighing 40 pounds or
more, in the front seat are properly restrained by a safety belt.
(e) No person 16 years of age or over shall be a passenger in a
motor vehicle on a highway unless that person is properly restrained
by a safety belt. This subdivision does not apply to a passenger in
a sleeper berth, as defined in subdivision (v) of Section 1201 of
Title 13 of the California Code of Regulations.
(f) Every owner of a motor vehicle, including every owner or
operator of a taxicab, as defined in Section 27908, or a limousine
for hire, operated on a highway shall maintain safety belts in good
working order for the use of occupants of the vehicle. The safety
belts shall conform to motor vehicle safety standards established by
the United States Department of Transportation. This subdivision
does not, however, require installation or maintenance of safety
belts where not required by the laws of the United States applicable
to the vehicle at the time of its initial sale.
(g) This section does not apply to a passenger or operator with a
physically disabling condition or medical condition which would
prevent appropriate restraint in a safety belt, if the condition is
duly certified by a licensed physician and surgeon or by a licensed
chiropractor who shall state the nature of the condition, as well as
the reason the restraint is inappropriate. This section also does
not apply to a public employee, when in an authorized emergency
vehicle as defined in paragraph (1) of subdivision (b) of Section
165, or to any passenger in any seat behind the front seat of an
authorized emergency vehicle as defined in paragraph (1) of
subdivision (b) of Section 165 operated by the public employee,
unless required by the agency employing the public employee.
(h) Notwithstanding subdivision (a) of Section 42001, any
violation of subdivision (d), (e), or (f) is an infraction punishable
by a fine, including all penalty assessments and court costs imposed
on the convicted person, of not more than twenty dollars ($20) for a
first offense, and a fine, including all penalty assessments and
court costs imposed on the convicted person, of not more than fifty
dollars ($50) for each subsequent offense. In lieu of the fine and
any penalty assessment or court costs, the court, pursuant to Section
42005, may order that a person convicted of a first offense attend a
school for traffic violators or a driving school in which the proper
use of safety belts is demonstrated.
(i) For any violation of subdivision (d), (e), or (f), in addition
to the fines provided for pursuant to subdivision (h) and the
penalty assessments provided for pursuant to Section 1464 of the
Penal Code, an additional penalty assessment of two dollars ($2)
shall be levied for any first offense, and an additional penalty
assessment of five dollars ($5) shall be levied for any subsequent
offense.
All moneys collected pursuant to this subdivision shall be
utilized in accordance with Section 1464 of the Penal Code.
(j) In any civil action, a violation of subdivision (d), (e), or
(f) or information of a violation of subdivision (h) shall not
establish negligence as a matter of law or negligence per se for
comparative fault purposes, but negligence may be proven as a fact
without regard to the violation.
(k) If the United States Secretary of Transportation fails to
adopt safety standards for manual safety belt systems by September 1,
1989, no motor vehicle manufactured after that date for sale or sold
in this state shall be registered unless it contains a manual safety
belt system which meets the performance standards applicable to
automatic crash protection devices adopted by the Secretary of
Transportation pursuant to Federal Motor Vehicle Safety Standard No.
208 (49 C.F.R. 571.208) as in effect on January 1, 1985.
(l) Each motor vehicle offered for original sale in this state
which has been manufactured on or after September 1, 1989, shall
comply with the automatic restraint requirements of Section S4.1.2.1
of Federal Motor Vehicle Safety Standard No. 208 (49 C.F.R. 571.208),
as published in Volume 49 of the Federal Register, No. 138, page
29009. Any automobile manufacturer who sells or delivers a motor
vehicle subject to the requirements of this subdivision, and fails to
comply with this subdivision, shall be punished by a fine of not
more than five hundred dollars ($500) for each sale or delivery of a
noncomplying motor vehicle.
(m) Compliance with subdivision (k) or (l) by a manufacturer shall
be made by self-certification in the same manner as
self-certification is accomplished under federal law.
(n) This section does not apply to a person actually engaged in
delivery of newspapers to customers along the person's route if the
person is properly restrained by a safety belt prior to commencing
and subsequent to completing delivery on the route.
(o) This section does not apply to a person actually engaged in
collection and delivery activities as a rural delivery carrier for
the United States Postal Service if the person is properly restrained
by a safety belt prior to stopping at the first box and subsequent
to stopping at the last box on the route.
(p) This section does not apply to a driver actually engaged in
the collection of solid waste or recyclable materials along that
driver's collection route if the driver is properly restrained by a
safety belt prior to commencing and subsequent to completing the
collection route.
(q) Subdivisions (d), (e), (f), (g), and (h) shall become
inoperative immediately upon the date that the United States
Secretary of Transportation, or his or her delegate, determines to
rescind the portion of the Federal Motor Vehicle Safety Standard No.
208 (49 C.F.R. 571.208) which requires the installation of automatic
restraints in new motor vehicles, except that those subdivisions
shall not become inoperative if the secretary's decision to rescind
that Standard No. 208 is not based, in any respect, on the enactment
or continued operation of those subdivisions.
SEC. 67.5. Section 27315 of the Vehicle Code is amended to read:
27315. (a) The Legislature finds that a mandatory seatbelt law
will contribute to reducing highway deaths and injuries by
encouraging greater usage of existing manual seatbelts, that
automatic crash protection systems which require no action by vehicle
occupants offer the best hope of reducing deaths and injuries, and
that encouraging the use of manual safety belts is only a partial
remedy for addressing this major cause of death and injury. The
Legislature declares that the enactment of this section is intended
to be compatible with support for federal safety standards requiring
automatic crash protection systems and should not be used in any
manner to rescind federal requirements for installation of automatic
restraints in new cars.
(b) This section shall be known and may be cited as the Motor
Vehicle Safety Act.
(c) As used in this section, "motor vehicle" means any passenger
vehicle or any motortruck or truck tractor, but does not include a
motorcycle.
(d) (1) No person shall operate a motor vehicle on a highway
unless that person and all passengers 16 years of age or over are
properly restrained by a safety belt. This paragraph does not apply
to the operator of a taxicab, as defined in Section 27908, when the
taxicab is driven on a city street and is engaged in the
transportation of a fare-paying passenger. The safety belt
requirement established by this paragraph is the minimum safety
standard applicable to employees being transported in a motor
vehicle. This paragraph does not preempt any more stringent or
restrictive standards imposed by the Labor Code or any other state or
federal regulation regarding the transportation of employees in a
motor vehicle.
(2) The operator of a limousine for hire or the operator of an
authorized emergency vehicle, as defined in subdivision (a) of
Section 165, shall not operate the limousine for hire or authorized
emergency vehicle unless the operator and any passengers four years
of age or over and weighing 40 pounds or more, in the front seat are
properly restrained by a safety belt.
(3) The operator of a taxicab shall not operate the taxicab unless
any passengers four years of age or over and weighing 40 pounds or
more, in the front seat are properly restrained by a safety belt.
(e) No person 16 years of age or over shall be a passenger in a
motor vehicle on a highway unless that person is properly restrained
by a safety belt. This subdivision does not apply to a passenger in
a sleeper berth, as defined in subdivision (v) of Section 1201 of
Title 13 of the California Code of Regulations.
(f) Every owner of a motor vehicle, including every owner or
operator of a taxicab, as defined in Section 27908, or a limousine
for hire, operated on a highway shall maintain safety belts in good
working order for the use of occupants of the vehicle. The safety
belts shall conform to motor vehicle safety standards established by
the United States Department of Transportation. This subdivision
does not, however, require installation or maintenance of safety
belts where not required by the laws of the United States applicable
to the vehicle at the time of its initial sale.
(g) This section does not apply to a passenger or operator with a
physically disabling condition or medical condition which would
prevent appropriate restraint in a safety belt, if the condition is
duly certified by a licensed physician and surgeon or by a licensed
chiropractor who shall state the nature of the condition, as well as
the reason the restraint is inappropriate. This section also does
not apply to a public employee, when in an authorized emergency
vehicle as defined in paragraph (1) of subdivision (b) of Section
165, or to any passenger in any seat behind the front seat of an
authorized emergency vehicle as defined in paragraph (1) of
subdivision (b) of Section 165 operated by the public employee,
unless required by the agency employing the public employee.
(h) Notwithstanding subdivision (a) of Section 42001, any
violation of subdivision (d), (e), or (f) is an infraction punishable
by a fine, including all penalty assessments and court costs imposed
on the convicted person, of not more than twenty dollars ($20) for a
first offense, and a fine, including all penalty assessments and
court costs imposed on the convicted person, of not more than fifty
dollars ($50) for each subsequent offense. In lieu of the fine and
any penalty assessment or court costs, the court, pursuant to Section
42005, may order that a person convicted of a first offense attend a
school for traffic violators or a driving school in which the proper
use of safety belts is demonstrated.
(i) For any violation of subdivision (d), (e), or (f), in addition
to the fines provided for pursuant to subdivision (h) and the
penalty assessments provided for pursuant to Section 1464 of the
Penal Code, an additional penalty assessment of two dollars ($2)
shall be levied for any first offense, and an additional penalty
assessment of five dollars ($5) shall be levied for any subsequent
offense.
All moneys collected pursuant to this subdivision shall be
utilized in accordance with Section 1464 of the Penal Code.
(j) In any civil action, a violation of subdivision (d), (e), or
(f) or information of a violation of subdivision (h) shall not
establish negligence as a matter of law or negligence per se for
comparative fault purposes, but negligence may be proven as a fact
without regard to the violation.
(k) If the United States Secretary of Transportation fails to
adopt safety standards for manual safety belt systems by September 1,
1989, no motor vehicle manufactured after that date for sale or sold
in this state shall be registered unless it contains a manual safety
belt system which meets the performance standards applicable to
automatic crash protection devices adopted by
the Secretary of Transportation pursuant to
Federal Motor Vehicle Safety Standard No. 208 (49 C.F.R. 571.208) as
in effect on January 1, 1985.
(l) Each motor vehicle offered for original sale in this state
which has been manufactured on or after September 1, 1989, shall
comply with the automatic restraint requirements of Section S4.1.2.1
of Federal Motor Vehicle Safety Standard No. 208 (49 C.F.R. 571.208),
as published in Volume 49 of the Federal Register, No. 138, page
29009. Any automobile manufacturer who sells or delivers a motor
vehicle subject to the requirements of this subdivision, and fails to
comply with this subdivision, shall be punished by a fine of not
more than five hundred dollars ($500) for each sale or delivery of a
noncomplying motor vehicle.
(m) Compliance with subdivision (k) or (l) by a manufacturer shall
be made by self-certification in the same manner as
self-certification is accomplished under federal law.
(n) This section does not apply to a person actually engaged in
delivery of newspapers to customers along the person's route if the
person is properly restrained by a safety belt prior to commencing
and subsequent to completing delivery on the route.
(o) This section does not apply to a person actually engaged in
collection and delivery activities as a rural delivery carrier for
the United States Postal Service if the person is properly restrained
by a safety belt prior to stopping at the first box and subsequent
to stopping at the last box on the route.
(p) This section does not apply to a driver actually engaged in
the collection of solid waste or recyclable materials along that
driver's collection route if the driver is properly restrained by a
safety belt prior to commencing and subsequent to completing the
collection route.
(q) Subdivisions (d), (e), (f), (g), and (h) shall become
inoperative immediately upon the date that the United States
Secretary of Transportation, or his or her delegate, determines to
rescind the portion of the Federal Motor Vehicle Safety Standard No.
208 (49 C.F.R. 571.208) which requires the installation of automatic
restraints in new motor vehicles, except that those subdivisions
shall not become inoperative if the secretary's decision to rescind
that Standard No. 208 is not based, in any respect, on the enactment
or continued operation of those subdivisions.
SEC. 68. Section 34501.12 of the Vehicle Code is amended to read:
34501.12. (a) Notwithstanding Section 408, as used in this
section and Sections 34505.5 and 34505.6, "motor carrier" means the
registered owner of any vehicle described in subdivision (a), (b),
(e), (f), or (g) of Section 34500, except in the following
circumstances:
(1) The registered owner leases the vehicle to another person for
a term of more than four months. If the lease is for more than four
months, the lessee is the motor carrier.
(2) The registered owner operates the vehicle exclusively under
the authority and direction of another person. If the operation is
exclusively under the authority and direction of another person, that
other person may assume the responsibilities as the motor carrier.
If not so assumed, the registered owner is the motor carrier. A
person who assumes the motor carrier responsibilities of another
pursuant to subdivision (b) shall provide to that other person whose
motor carrier responsibility is so assumed, a completed copy of a
department form documenting that assumption, stating the period for
which responsibility is assumed, and signed by an agent of the
assuming person. A legible copy shall be carried in each vehicle or
combination of vehicles operated on the highway during the period for
which responsibility is assumed. That copy shall be presented upon
request by any authorized employee of the department. The original
completed departmental form documenting the assumption shall be
provided to the department within 30 days of the assumption. If the
assumption of responsibility is terminated, the person who had
assumed responsibility shall so notify the department in writing
within 30 days of the termination.
(b) (1) A motor carrier may combine two or more terminals for
purposes of the inspection required by subdivision (d) subject to all
of the following conditions:
(A) The carrier identifies to the department, in writing, each
terminal proposed to be included in the combination of terminals for
purposes of this subdivision prior to an inspection of the designated
terminal pursuant to subdivision (d).
(B) The carrier provides the department, prior to the inspection
of the designated terminal pursuant to subdivision (d) a written
listing of all its vehicles of a type subject to subdivision (a),
(b), (e), (f), or (g) of Section 34500 which are based at each of the
terminals combined for purposes of this subdivision. The listing
shall specify the number of vehicles of each type at each terminal.
(C) The carrier provides to the department at the designated
terminal during the inspection all maintenance records and driver
records and a representative sample of vehicles based at each of the
terminals included within the combination of terminals.
(2) If the carrier fails to provide the maintenance records,
driver records, and representative sample of vehicles pursuant to
subparagraph (C) of paragraph (1), the department shall assign the
carrier an unsatisfactory terminal rating and require a reinspection
to be conducted pursuant to subdivision (h).
(3) For purposes of this subdivision, the following terms have the
meanings given:
(A) "Driver records" includes pull notice system records, driver
proficiency records, and driver timekeeping records.
(B) "Maintenance records" includes all required maintenance,
lubrication, and repair records and drivers' daily vehicle condition
reports.
(C) "Representative sample" means the following, applied
separately to the carrier's fleet of motortrucks and truck tractors
and its fleet of trailers:
Representative
Fleet Size Sample
1 or 2 All
3 to 8 3
9 to 15 4
16 to 25 6
26 to 50 9
51 to 90 14
91 or more 20
(c) Each motor carrier who, in this state, directs the operation
of, or maintains, any vehicle of a type described in subdivision (a)
shall designate one or more terminals, as defined in Section 34515,
in this state where vehicles can be inspected by the department
pursuant to paragraph (3) of subdivision (a) of Section 34501 and
where vehicle inspection and maintenance records and driver records
will be made available for inspection.
(d) The department shall inspect, at least every 25 months, every
terminal, as defined in Section 34515, of any motor carrier who, at
any time, operates any vehicle described in subdivision (a).
As used in this section and in Sections 34505.5 and 34505.6,
subdivision (f) of Section 34500 includes only those combinations
where the gross vehicle weight rating (GVWR) of the towing vehicle
exceeds 10,000 pounds, but does not include a pickup truck, and
subdivision (g) of Section 34500 includes only those vehicles
transporting hazardous material for which the display of placards is
required pursuant to Section 27903, a license is required pursuant to
Section 32000.5, or for which hazardous waste transporter
registration is required pursuant to Section 25163 of the Health and
Safety Code. Historical vehicles, as described in Section 5004,
vehicles which display special identification plates in accordance
with Section 5011, implements of husbandry and farm vehicles, as
defined in Chapter 1 (commencing with Section 36000) of Division 16,
and vehicles owned or operated by an agency of the federal government
are not subject to this section or to Sections 34505.5 and 34505.6.
(e) (1) It is the responsibility of the motor carrier to schedule
with the department the inspection required by subdivision (d). The
motor carrier shall submit an application form supplied by the
department, accompanied by the required fee. The fee, which is
nonrefundable, is four hundred dollars ($400) per terminal, except in
the case of an owner-operator, as defined in Section 3557 of the
Public Utilities Code, or a nonregulated motor carrier who owns,
leases, or otherwise operates not more than one heavy power unit and
not more than three towed vehicles described in subdivision (a), (b),
(e), (f), or (g) of Section 34500, for which the fee shall be one
hundred dollars ($100). Federal, state, and local public entities
are exempt from the fee requirements of this section.
(2) Except as provided in paragraph (4), the inspection term for
each inspected terminal of a motor carrier shall expire 25 months
from the date the terminal receives a satisfactory compliance rating,
as specified in subdivision (h). Applications and fees for
subsequent inspections shall be submitted not earlier than nine
months and not later than seven months before the expiration of the
motor carrier's then current inspection term. If the motor carrier
has submitted the inspection application and the required
accompanying fees, but the department is unable to complete the
inspection within the 25-month inspection period, then no additional
fee shall be required for the inspection requested in the original
application.
(3) All fees collected pursuant to this subdivision shall be
deposited in the Motor Vehicle Account in the State Transportation
Fund. An amount equal to the fees collected shall be available for
appropriation by the Legislature from the Motor Vehicle Account to
the department for the purpose of conducting truck terminal
inspections and for the additional roadside safety inspections
required by Section 34514.
(4) To avoid the scheduling of a renewal terminal inspection
pursuant to this section during a carrier's seasonal peak business
periods, the current inspection term of a terminal that has paid all
required fees and has been rated satisfactory in its last inspection
may be reduced by not more than nine months if a written request is
submitted by the carrier to the department at least four months prior
to the desired inspection month, or at the time of payment of
renewal inspection fees in compliance with paragraph (2), whichever
date is earlier. A motor carrier may request this adjustment of the
inspection term during any inspection cycle. A request made pursuant
to this paragraph shall not result in a fee proration and does not
relieve the carrier from the requirements of paragraph (2).
(f) It is unlawful for a motor carrier to operate any vehicle
subject to this section without having submitted an inspection
application and the required fees to the department as required by
subdivision (e) or (h).
(g) It is unlawful for any motor carrier to operate any vehicle
subject to this section after submitting an inspection application to
the department, without the inspection described in subdivision (d)
having been performed and a safety compliance report having been
issued to the motor carrier within the 25-month inspection period or
within 60 days immediately preceding the inspection period.
(h) (1) Any inspected terminal that receives an unsatisfactory
compliance rating shall be reinspected within 120 days after the
issuance of the unsatisfactory compliance rating.
(2) A terminal's first required reinspection under this
subdivision shall be without charge unless one or more of the
following is established:
(A) The motor carrier's operation presented an imminent danger to
public safety.
(B) The motor carrier was not in compliance with the requirement
to enroll all drivers in the pull notice program pursuant to Section
1808.1.
(C) The motor carrier failed to provide all required records and
vehicles for a consolidated inspection pursuant to subdivision (b).
(3) If the unsatisfactory rating was assigned for any of the
reasons set forth in paragraph (2), the carrier shall submit the
required fee as provided in paragraph (4).
(4) Applications for reinspection pursuant to paragraph (3) or for
second and subsequent consecutive reinspections under this
subdivision shall be accompanied by the fee specified in paragraph
(1) of subdivision (e) and shall be filed within 60 days of issuance
of the unsatisfactory compliance rating. The reinspection fee is
nonrefundable.
(5) When a motor carrier's Motor Carrier of Property Permit or
Public Utilities Commission operating authority is suspended as a
result of an unsatisfactory compliance rating, the department shall
conduct no reinspection until requested to do so by the Department of
Motor Vehicles or the Public Utilities Commission, as appropriate.
(i) It is the intent of the Legislature that the department make
its best efforts to inspect terminals within the resources provided.
In the interest of the state, the Commissioner of the California
Highway Patrol may extend for a period not to exceed six months the
inspection terms beginning prior to July 1, 1990.
(j) To encourage truck terminal operators to attain continuous
satisfactory compliance ratings, the department may establish and
implement an incentive program consisting of the following:
(1) After the second consecutive satisfactory compliance rating
assigned as a result of an inspection conducted pursuant to
subdivision (d), and after each consecutive satisfactory compliance
rating thereafter, an appropriate certificate, denoting the number of
consecutive satisfactory ratings, shall be awarded to the terminal,
unless the terminal has received an unsatisfactory compliance rating
as a result of any inspection conducted in the interim between the
consecutive inspections conducted under subdivision (d). The
certificate authorized under this paragraph shall not be awarded for
performance in the administrative review authorized under paragraph
(2). However, the certificate shall include a reference to any
administrative reviews conducted during the period of consecutive
satisfactory ratings.
(2) Unless the department's evaluation of the motor carrier's
safety record indicates a declining level of compliance, a terminal
that has attained two consecutive satisfactory compliance ratings
assigned following inspections conducted pursuant to subdivision (d)
is eligible for an administrative review in lieu of the next required
inspection, unless the terminal has received an unsatisfactory
compliance rating as a result of any inspection conducted in the
interim between the consecutive inspections conducted under
subdivision (d). An administrative review shall consist of all of
the following:
(A) A signed request by a terminal management representative
requesting the administrative review in lieu of the required
inspection containing a promise to continue to maintain a
satisfactory level of compliance for the next 25-month inspection
term.
(B) A review with a terminal management representative of the
carrier's record as contained in the department's files. If a
terminal has been authorized a second consecutive administrative
review, the review required under this subparagraph is optional, and
may be omitted at the carrier's request.
(C) Absent any cogent reasons to the contrary, upon completion of
subparagraphs (A) and (B), the safety compliance rating assigned
during the last required inspection shall be extended for 25 months.
(3) Not more than two administrative reviews may be conducted
consecutively. At the completion of the 25-month inspection term
following a second administrative review, a terminal inspection shall
be conducted pursuant to subdivision (d). If this inspection
results in a satisfactory compliance rating, the terminal shall again
be eligible for an administrative review in lieu of the next
required inspection. If the succession of satisfactory ratings is
interrupted by any rating of other than satisfactory, irrespective of
the reason for the inspection, the terminal shall again attain two
consecutive satisfactory ratings to become eligible for an
administrative review.
(4) As a condition for receiving the administrative reviews
authorized under this subdivision in lieu of inspections, and in
order to ensure that compliance levels remain satisfactory, the motor
carrier shall agree to accept random, unannounced inspections by the
department.
SEC. 69. Section 34510 of the Vehicle Code is amended to read:
34510. (a) Persons operating vehicles, or combinations of
vehicles, in the transportation of hazardous material and subject to
this division, shall carry in the vehicle while en route any shipping
papers required to accompany the vehicle in accordance with
regulations adopted pursuant to Section 2402. The bill of lading or
other shipping paper shall be displayed upon demand of any member of
the California Highway Patrol or any police officer of a city who is
on duty for the exclusive or main purpose of enforcing the provisions
of this code.
(b) Upon the request of any person engaged in the loading of a
container or trailer, having an actual gross cargo weight of more
than 10,000 pounds, with agricultural products at a field or packing
shed for transport in intermodal transportation, the vehicle operator
shall provide the person with the tare weight of the tractor,
container, or trailer to be loaded.
SEC. 70. Section 34631.5 of the Vehicle Code is amended to read:
34631.5. (a) (1) Every motor carrier of property as defined in
Section 34601, except those subject to paragraph (2), (3), or (4),
shall provide and thereafter continue in effect adequate protection
against liability imposed by law upon those carriers for the payment
of damages in the amount of a combined single limit of not less than
seven hundred fifty thousand dollars ($750,000) on account of bodily
injuries to, or death of, one or more persons, or damage to or
destruction of, property other than property being transported by the
carrier for any shipper or consignee whether the property of one or
more than one claimant in any one accident.
Notwithstanding any other provision of law, the operator of a
for-hire tow truck who is in compliance with this subdivision may
perform emergency moves at the direction of a peace officer
irrespective of the load carried aboard the vehicle being moved.
(2) Every motor carrier of property, as defined in Section 34601,
who operates only vehicles under 10,000 pounds GVWR and who does not
transport any commodity subject to paragraph (3) or (4), shall
provide and thereafter continue in effect adequate protection against
liability imposed by law for the payment of damages caused by bodily
injuries to or the death of any person; or for damage to or
destruction of property of others, other than property being
transported by the carrier, in an amount not less than three hundred
thousand dollars ($300,000).
(3) Every intrastate motor carrier of property, as defined in
Section 34601, who transports petroleum products in bulk, including
waste petroleum and waste petroleum products, shall provide and
thereafter continue in effect adequate protection against liability
imposed by law upon the carrier for the payment of damages for
personal bodily injuries (including death resulting therefrom) in the
amount of not less than five hundred thousand dollars ($500,000) on
account of bodily injuries to, or death of, one person; and
protection against a total liability of those carriers on account of
bodily injuries to, or death of more than one person as a result of
any one accident, but subject to the same limitation for each person
in the amount of not less than one million dollars ($1,000,000); and
protection in an amount of not less than two hundred thousand dollars
($200,000) for one accident resulting in damage to or destruction to
property other than property being transported by the carrier for
any shipper or consignee, whether the property of one or more than
one claimant; or a combined single limit in the amount of not less
than one million two hundred thousand dollars ($1,200,000) on account
of bodily injuries to, or death of, one or more person or damage to
or destruction of property, or both, other than property being
transported by the carrier for any shipper or consignee whether the
property of one or more than one claimant in any one accident.
(4) Except as provided in paragraph (3), every motor carrier of
property, as defined in Section 34601, that transports any hazardous
material, as defined by Section 353, shall provide and thereafter
continue in effect adequate protection against liability imposed by
law on those carriers for the payment of damages for personal injury
or death, and damage to or destruction of property, in amounts of not
less than the minimum levels of financial responsibility specified
for carriers of hazardous materials by the United States Department
of Transportation in Part 387 (commencing with Section 387.1) of
Title 49 of the Code of Federal Regulations. The applicable minimum
levels of financial responsibility required are as follows:
Combined
Single
Limit
Commodity Transported: Coverage
(a) Oil listed in Section 172.101 of Title 49 $1,000,000
of the Code of Federal Regulations; hazardous
waste, hazardous materials and hazardous
substances defined in Section 171.8 of Title 49
of the Code of Federal Regulations and listed
in Section 172.101 of Title 49 of the Code of
Federal Regulations, but not mentioned in
(c) or (d).
(b) Hazardous waste as defined in Section 25117 $1,000,000
of the Health and Safety Code and in Article 1
(commencing with Section 66261.1) of Chapter 11
of Division 4.5 of Title 22 of the California
Code of Regulations, but not mentioned in (c)
or (d).
(c) Hazardous substances, as defined in Section $5,000,000
171.8 of Title 49 of the Code of Federal
Regulations, or liquefied compressed gas or
compressed gas, transported in cargo tanks,
portable tanks, or hopper-type vehicle with
capacities in excess of 3,500 water gallons.
(d) Any quantity of class A or B explosives; $5,000,000
any quantity of poison gas (Poison A); or
highway route controlled quantity radioactive
materials as defined in Section 173.403 of
Title 49 of the Code of Federal Regulations.
(5) The protection required under paragraphs (1), (2), (3), and
(4) shall be evidenced by the deposit with the department, covering
each vehicle used or to be used in conducting the service performed
by each motor carrier of property, an authorized certificate of
public liability and property damage insurance, issued by a company
licensed to write the insurance in the State of California, or by a
nonadmitted insurer subject to Section 1763 of the Insurance Code.
(6) The protection required under paragraphs (1), (2), (3), and
(4) by every motor carrier of property engaged in interstate or
foreign transportation of property in or through California, shall be
evidenced by the filing and acceptance of a department authorized
certificate of insurance, or qualification as a self-insurer as may
be authorized by law.
(7) A certificate of insurance, evidencing the protection, shall
not be cancelable on less than 30 days' written notice to the
department, the notice to commence to run from the date notice is
actually received at the office of the department in Sacramento.
(8) Every insurance certificate or equivalent protection to the
public shall contain a provision that the certificate or equivalent
protection shall remain in full force and effect until canceled in
the manner provided by paragraph (7).
(9) Upon cancellation of an insurance certificate or the
cancellation of equivalent protection authorized by the Department of
Motor Vehicles, the motor carrier permit of any motor carrier of
property, shall stand suspended immediately upon the effective date
of the cancellations.
(10) No carrier shall engage in any operation on any public
highway of this state during the suspension of its permit.
(11) No motor carrier of property, whose permit has been suspended
under paragraph (9) shall resume operations unless and until the
carrier has filed an insurance certificate or equivalent protection
in effect at the time and that meets the standards set forth in this
section. The operative rights of the complying carriers shall be
reinstated from suspension upon the filing of an insurance
certificate or equivalent protection.
(12) In order to expedite the processing insurance filings by the
department, each insurance filing made should contain the insured's
California carrier number, if known, in the upper right corner of the
certificate.
SEC. 70.5. Section 34631.5 of the Vehicle Code is amended to read:
34631.5. (a) (1) Every motor carrier of property as defined in
Section 34601, except those subject to paragraph (2), (3), or (4),
shall provide and thereafter continue in effect adequate protection
against liability imposed by law upon those carriers for the payment
of damages in the amount of a combined single limit of not less than
seven hundred fifty thousand dollars ($750,000) on account of bodily
injuries to, or death of, one or more persons, or damage to or
destruction of, property other than property being transported by the
carrier for any shipper or consignee whether the property of one or
more than one claimant in any one accident.
Notwithstanding any other provision of law, the operator of a
for-hire tow truck who is in compliance with this subdivision may
perform emergency moves at the direction of a peace officer
irrespective of the load carried aboard the vehicle being moved.
(2) Every motor carrier of property, as defined in Section 34601,
who operates only vehicles under 10,000 pounds GVWR and who does not
transport any commodity subject to paragraph (3) or (4), shall
provide and thereafter continue in effect adequate protection against
liability imposed by law for the payment of damages caused by bodily
injuries to or the death of any person; or for damage to or
destruction of property of others, other than property being
transported by the carrier, in an amount not less than three hundred
thousand dollars ($300,000).
(3) Every intrastate motor carrier of property, as defined in
Section 34601, who transports petroleum products in bulk, including
waste petroleum and waste petroleum products, shall provide and
thereafter continue in effect adequate protection against liability
imposed by law upon the carrier for the payment of damages for
personal bodily injuries (including death resulting therefrom) in the
amount of not less than five hundred thousand dollars ($500,000) on
account of bodily injuries to, or death of, one person; and
protection against a total liability of those carriers on account of
bodily injuries to, or death of more than one person as a result of
any one accident, but subject to the same limitation for each person
in the amount of not less than one million dollars ($1,000,000); and
protection in an amount of not less than two hundred thousand dollars
($200,000) for one accident resulting in damage to or destruction to
property other than property being transported by the carrier for
any shipper or consignee, whether the property of one or more than
one claimant; or a combined single limit in the amount of not less
than one million two hundred thousand dollars ($1,200,000) on account
of bodily injuries to, or death of, one or more persons or damage
to or destruction of property, or both, other than property being
transported by the carrier for any shipper or consignee whether the
property of one or more than one claimant in any one accident.
(4) Except as provided in paragraph (3), every motor carrier of
property, as defined in Section 34601, that transports any hazardous
material, as defined by Section 353, shall provide and thereafter
continue in effect adequate protection against liability imposed by
law on those carriers for the payment of damages for personal injury
or death, and damage to or destruction of property, in amounts of not
less than the minimum levels of financial responsibility specified
for carriers of hazardous materials by the United States Department
of Transportation in Part 387 (commencing with Section 387.1) of
Title 49 of the Code of Federal Regulations. The applicable minimum
levels of financial responsibility required are as follows:
Combined
Single
Limit
Commodity Transported: Coverage
(A) Oil listed in Section 172.101 of Title 49 of
$1,000,000
the Code of Federal Regulations; or hazardous
waste, hazardous materials and hazardous
substances defined in Section 171.8 of Title
49 of the Code of Federal Regulations and
listed in Section 172.101 of Title 49 of the
Code of Federal Regulations, but not mentioned
in subparagraph (C) or (D).
(B) Hazardous waste as defined in Section 25117 of
$1,000,000
the Health and Safety Code and in Article 1
(commencing with Section 66261.1) of Chapter 11
of Division 4.5 of Title 22 of the California
Code of Regulations, but not mentioned in
subparagraph (C) or (D).
(C) Hazardous substances, as defined in Section
$5,000,000
171.8 of Title 49 of the Code of Federal
Regulations, or liquefied compressed gas or
compressed gas, transported in cargo tanks,
portable tanks, or hopper-type vehicle with
capacities in excess of 3,500 water gallons.
(D) Any quantity of division 1.1, 1.2, or 1.3
$5,000,000
explosives; any quantity of poison gas (Poison
A); or highway route controlled quantity
radioactive materials as defined in Section
173.403 of Title 49 of the Code of Federal
Regulations.
(b) (1) The protection required under subdivision (a) shall be
evidenced by the deposit with the department, covering each vehicle
used or to be used in conducting the service performed by each motor
carrier of property, an authorized certificate of public liability
and property damage insurance, issued by a company licensed to write
the insurance in the State of California, or by a nonadmitted insurer
subject to Section 1763 of the Insurance Code.
(2) The protection required under subdivision (a) by every motor
carrier of property engaged in interstate or foreign transportation
of property in or through California, shall be evidenced by the
filing and acceptance of a department authorized certificate of
insurance, or qualification as a self-insurer as may be authorized by
law.
(3) A certificate of insurance, evidencing the protection, shall
not be cancelable on less than 30 days' written notice to the
department, the notice to commence to run from the date notice is
actually received at the office of the department in Sacramento.
(4) Every insurance certificate or equivalent protection to the
public shall contain a provision that the certificate or equivalent
protection shall remain in full force and effect until canceled in
the manner provided by paragraph (3).
(5) Upon cancellation of an insurance certificate or the
cancellation of equivalent protection authorized by the Department of
Motor Vehicles, the motor carrier permit of any motor carrier of
property, shall stand suspended immediately upon the effective date
of the cancellations.
(6) No carrier shall engage in any operation on any public highway
of this state during the suspension of its permit.
(7) No motor carrier of property, whose permit has been suspended
under paragraph (5) shall resume operations unless and until the
carrier has filed an insurance certificate or equivalent protection
in effect at the time and that meets the standards set forth in this
section. The operative rights of the complying carriers shall be
reinstated from suspension upon the filing of an insurance
certificate or equivalent protection.
(8) In order to expedite the processing of insurance filings by
the department, each insurance filing made should contain the insured'
s California carrier number, if known, in the upper right corner of
the certificate.
SEC. 71. Section 35702 of the Vehicle Code is amended to read:
35702. No ordinance proposed under Section 35701 is effective
with respect to any highway which is not under the exclusive
jurisdiction of the local authority enacting the ordinance, or, in
the case of any state highway, until the ordinance has been submitted
by the governing body of the local authority to, and approved in
writing by, the Department of Transportation. In submitting a
proposed ordinance to the department for approval, the governing body
of the local authority shall designate therein, an alternate route
for the use of vehicles, which route shall remain unrestricted by any
local regulation as to weight limits or types of vehicles so long as
the ordinance proposed shall remain in effect. The approval of the
proposed ordinance by the Department of Transportation shall
constitute an approval by it of the alternate route so designated.
SEC. 72. Section 35712 of the Vehicle Code is amended to read:
35712. (a) Any county may, by ordinance, prohibit the use of any
highway located in an unincorporated residential or subdivision area
by any commercial vehicle exceeding a gross weight of 14,000 pounds.
(b) Any county of the third class, as defined by Section 28024 of
the Government Code, or of the ninth class, as defined by Section
28030 of the Government Code, may, by ordinance, prohibit the use of
any highway located in an unincorporated residential or subdivision
area by any commercial vehicle exceeding a gross weight of 5,000
pounds.
(c) This section does not apply to a vehicle operated by, or on
behalf of, a public utility in connection with the installation,
operation, maintenance, or repair of its facilities.
SEC. 73. Section 35714 of the Vehicle Code is amended to read:
35714. No ordinance adopted pursuant to Section 35712 shall be
effective with respect to:
(a) Any vehicle which is subject to the provisions of Article 2
(commencing with Section 1031) of Chapter 5 of Part 1 of Division 1
of the Public Utilities Code.
(b) Any highway, any portion of which is also under the
jurisdiction of a city, unless the consent of the governing body of
the city is first obtained.
(c) Any commercial vehicle coming from an unrestricted highway
having ingress and egress by direct route to and from the restricted
highway when necessary for the purpose of making pickups or
deliveries of goods, wares, and merchandise from or to any building
or structure located on the restricted highway or for the purpose of
delivering materials to be used in the actual and bona fide repair,
alteration, remodeling, or construction of any building or structure
upon the restricted highway for which a building permit has
previously been obtained.
(d) The operation of ambulances or hearses.
(e) Any vehicle owned, operated, controlled, or used by a public
utility in connection with the construction, installation, operation,
maintenance, or repair of any public utility facilities.
(f) Any state highway, until the proposed ordinance has been
submitted by the board of supervisors of the county to and approved
in writing by the Department of Transportation. In submitting a
proposed ordinance to the department for approval, the board of
supervisors shall designate therein, an alternate route for the use
of the vehicles which shall remain unrestricted by any local
regulation as to commercial vehicles so long as the ordinance
proposed shall remain in effect. The approval of the proposed
ordinance by the Department of Transportation shall constitute an
approval by the department of the alternate route so designated.
(g) Vehicles operated as an incident to any industrial, commercial
or agricultural enterprise conducted within the boundaries of the
unincorporated residential subdivision area.
SEC. 74. Section 36101 of the Vehicle Code is amended to read:
36101. The following farm vehicles are exempt from registration,
if they have and display an identification plate as specified in
Section 5014, and the vehicles shall not be deemed to be implements
of husbandry and they shall be subject to all equipment and device
requirements as if registered:
(a) A motor vehicle of a size so as to require a permit under
Section 35780 owned and operated by a farmer, designed and used
exclusively for carrying, or returning empty from carrying, feed and
seed products of farming, and used on a highway between one part of a
farm to another part of that farm or from one farm to another farm.
(b) A vehicle equipped with a water tank owned by a farmer and
used exclusively to service his or her own implements of husbandry.
(c) A water tank truck that is owned by a farmer, not operated for
compensation, and used extensively in the conduct of agricultural
operations, when used exclusively (1) for sprinkling water on dirt
roads providing access to agricultural fields or (2) transportation
of water for irrigation of crops or trees.
(d) (1) A cotton module mover, as defined in Section 36012.
(2) In order to maintain the exemption from registration granted
under this subdivision for a truck tractor, when combined with a
semitrailer, the owner of that truck tractor shall not operate it
during the exemption period in any manner other than as a cotton
module mover, as defined in Section 36012, and shall do all of the
following:
(A) Register the vehicle with the department before operating it
as a commercial motor vehicle.
(B) Apply to the department on a yearly basis for any renewal of
the exemption from registration.
(3) Exemption from registration under this subdivision does not
exempt a truck tractor, when combined with a semitrailer, operating
as a cotton module mover pursuant to Section 36012 and this
subdivision from the applicable safety requirements of this code or
any regulation adopted pursuant to any statute, including, but not
limited to, equipment standards, driver licensing requirements,
maximum driving and on-duty hours provisions, log book requirements,
drug and alcohol testing, maintenance of vehicles, and any driver or
vehicle standards specified in Division 14.8 (commencing with Section
34500).
(4) Truck tractors exempt from registration under this subdivision
are subject to the fees imposed under Sections 9250, 9250.8, and
9250.13, and to any other vehicle fees that are imposed by statute on
or after January 1, 1998, that are deposited in the Motor Vehicle
Account.
(e) A trailer that is equipped with a plenum chamber for the
drying of agricultural commodities.
(f) Except as provided in subdivision (j) of Section 36005, a trap
wagon, as defined in Section 36016, that is equipped with a fuel
tank or tanks. The fuel tank or tanks shall not exceed 3,000 gallons
total capacity.
(g) A forklift truck, operated by a farmer not for compensation.
For purposes of this section, a hay-squeeze shall be deemed a
forklift.
(h) A truck tractor or truck tractor and semitrailer combination
specified in this subdivision that is owned by a farmer and operated
on the highways only incidental to a farming operation and not for
compensation. This subdivision applies only to truck tractors with a
manufacturer's gross vehicle weight rating over 10,000 pounds that
are equipped with all-wheel drive and off-highway traction tires on
all wheels, and only to semitrailers used in combination with that
truck tractor and exclusively in the production or harvesting of
melons. The vehicles specified in this subdivision shall not be
operated in excess of 25 miles per hour on the highways.
The Commissioner of the California Highway Patrol may, by
regulation, prohibit the vehicles specified in this subdivision from
operating on specific routes. These vehicles shall not be operated
laden on the highway for more than two miles from the point of origin
and shall not be operated for more than 30 miles unladen on the
highway from the point of origin. These vehicles shall not be
operated for more than 15 miles unladen on the highway from the point
of origin, unless accompanied by an escort vehicle to the front, and
an escort vehicle to the rear.
(i) A motor vehicle specifically designed for, and used
exclusively in, an agricultural operation for purposes of carrying,
or returning empty from carrying, silage that is operated by a
farmer, an employee of the farmer, or a contracted employee of the
farmer between one part of a farm to another part of that farm or
from one farm to another farm, on a highway for a distance not to
exceed 20 miles from the point of origin of the trip. This
subdivision does not include a vehicle that is used for the
transportation of silage for retail sales.
For the purposes of this subdivision, "silage" includes field
corn, sorghum, grass, legumes, cereals, or cereal mixes, either green
or mature, converted into feed for livestock.
SEC. 75. Section 40002.1 of the Vehicle Code is amended to read:
40002.1. (a) Whenever any person has failed to appear in the
court designated in the notice specified in subdivision (b) of
Section 40002, following personal service of the notice or deposit in
the mail pursuant to Section 22, the magistrate or clerk of the
court may give notice of that fact to the department. Whenever
thereafter the matter is adjudicated, including a dismissal of the
charges upon forfeiture of bail or otherwise, the magistrate or clerk
of the court hearing the matter shall immediately (1) endorse a
certificate to that effect, (2) provide the person or the person's
attorney with a copy of the certificate, and (3) transmit a copy of
the certificate to the department.
(b) No notice of noncompliance may be transmitted to the
department pursuant to subdivision (a) if a warrant of arrest has
been issued on the same offense pursuant to subdivision (b) of
Section 40002. No warrant of arrest may be issued pursuant to
subdivision (b) of Section 40002 if a notice of noncompliance has
been transmitted to the department on the same offense pursuant to
this section, except that, when a notice has been received by the
court pursuant to subdivision (c) of Section 4766 or recalled by
motion of the court, a warrant may then be issued.
SEC. 76. Section 40509 of the Vehicle Code is amended to read:
40509. (a) Except as required under subdivision (c) of Section
40509.5, if any person has violated a written promise to appear or a
lawfully granted continuance of his or her promise to appear in court
or before the person authorized to receive a deposit of bail, or
violated an order to appear in court, including, but not limited to,
a written notice to appear issued in accordance with Section 40518,
the magistrate or clerk of the court may give notice of the failure
to appear to the department for any violation of this code, or any
violation that can be heard by a juvenile traffic hearing referee
pursuant to Section 256 of the Welfare and Institutions Code, or any
violation of any other statute relating to the safe operation of a
vehicle, except violations not required to be reported pursuant to
paragraphs (1), (2), (3), (6), and (7) of subdivision (b) of Section
1803. If thereafter the case in which the promise was given is
adjudicated or the person who has violated the court order appears in
court or otherwise satisfies the order of the court, the magistrate
or clerk of the court hearing the case shall sign and file with the
department a certificate to that effect.
(b) If any person has willfully failed to pay a lawfully imposed
fine within the time authorized by the court or to pay a fine
pursuant to subdivision (a) of Section 42003, the magistrate or clerk
of the court may give notice of the fact to the department for any
violation, except violations not required to be reported pursuant to
paragraphs (1), (2), (3), (6), and (7) of subdivision (b) of Section
1803. If thereafter the fine is fully paid, the magistrate or clerk
of the court shall issue and file with the department a certificate
showing that the fine has been paid.
(c) (1) Notwithstanding subdivisions (a) and (b), the court may
notify the department of the total amount of bail, fines,
assessments, and fees authorized or required by this code, including
Section 40508.5, which are unpaid by any person.
(2) Once a court has established the amount of a fine and any
assessments, and notified the department, the court shall not further
enhance or modify that amount.
(3) This subdivision applies only to violations of this code that
do not require a mandatory court appearance, are not contested by the
defendant, and do not require proof of correction certified by the
court.
(d) With respect to a violation of this code, this section is
applicable to any court which has not elected to be subject to the
notice requirements of subdivision (b) of Section 40509.5.
(e) Any violation subject to Section 40001, which is the
responsibility of the owner of the vehicle, shall not be reported
under this section.
SEC. 77. Section 40509.1 of the Vehicle Code is amended to read:
40509.1. If any person has willfully failed to comply with a
court order, except a failure to appear, to pay a fine, or to attend
traffic violator school, which was issued for a violation of this
code, the magistrate or clerk of the court may give notice of the
fact to the department.
SEC. 78. Section 40509.5 of the Vehicle Code is amended to read:
40509.5. (a) Except as required under subdivision (c), if, with
respect to an offense described in subdivision (e), any person has
violated his or her written promise to appear or a lawfully granted
continuance of his or her promise to appear in court or before the
person authorized to receive a deposit of bail, or violated an order
to appear in court, the magistrate or clerk of the court may give
notice of the failure to appear to the department for any violation
of this code, any violation that can be heard by a juvenile traffic
hearing referee pursuant to Section 256 of the Welfare and
Institutions Code, or any violation of any other statute relating to
the safe operation of a vehicle, except violations not required to be
reported pursuant to paragraphs (1), (2), (3), (6), and (7) of
subdivision (b) of Section 1803. If thereafter the case in which
the promise was given is adjudicated or the person who has violated
the court order appears in court and satisfies the order of the
court, the magistrate or clerk of the court hearing the case shall
sign and file with the department a certificate to that effect.
(b) If, with respect to an offense described in subdivision (e),
willfully failed to pay a lawfully imposed fine within the time
authorized by the court or to pay a fine pursuant to subdivision (a)
of Section 42003, the magistrate or clerk of the court may give
notice of the fact to the department for any violation, except
violations not required to be reported pursuant to paragraphs (1),
(2), (3), (6), and (7) of subdivision (b) of Section 1803. If
thereafter the fine is fully paid, the magistrate or clerk of the
court shall issue and file with the department a certificate showing
that the fine has been paid.
(c) If any person charged with a violation of Section 23152 or
23153, or Section 191.5 of the Penal Code, or paragraph (3) of
subdivision (c) of Section 192 of that code has violated a lawfully
granted continuance of his or her promise to appear in court or is
released from custody on his or her own recognizance and fails to
appear in court or before the person authorized to receive a deposit
of bail, or violated an order to appear in court, the magistrate or
clerk of the court shall give notice to the department of the failure
to appear. If thereafter the case in which the notice was given is
adjudicated or the person who has violated the court order appears
in court or otherwise satisfies the order of the court, the
magistrate or clerk of the court hearing the case shall prepare and
forward to the department a certificate to that effect.
(d) Except as required under subdivision (c), the court shall mail
a courtesy warning notice to the defendant by first-class mail at
the address shown on the notice to appear, at least 10 days before
sending a notice to the department under this section.
(e) If the court notifies the department of a failure to appear or
pay a fine pursuant to subdivision (a) or (b), no arrest warrant
shall be issued for an alleged violation of subdivision (a) or (b) of
Section 40508, unless one of the following criteria is met:
(1) The alleged underlying offense is a misdemeanor or felony.
(2) The alleged underlying offense is a violation of any provision
of Division 12 (commencing with Section 24000), Division 13
(commencing with Section 29000), or Division 15 (commencing with
Section 35000), required to be reported pursuant to Section 1803.
(3) The driver's record does not show that the defendant has a
valid California driver's license.
(4) The driver's record shows an unresolved charge that the
defendant is in violation of his or her written promise to appear for
one or more other alleged violations of the law.
(f) Except as required under subdivision (c), in addition to the
proceedings described in this section, the court may elect to notify
the department pursuant to subdivision (c) of Section 40509.
(g) This section is applicable to courts which have elected to
provide notice pursuant to subdivision (b). The method of commencing
or terminating an election to proceed under this section shall be
prescribed by the department.
(h) Any violation subject to Section 40001, which is the
responsibility of the owner of the vehicle, shall not be reported
under this section.
SEC. 78.5. Section 40509.5 of the Vehicle Code is amended to read:
40509.5. (a) Except as required under subdivision (c), if, with
respect to an offense described in subdivision (e), any person has
violated his or her written promise to appear or a lawfully granted
continuance of his or her promise to appear in court or before the
person authorized to receive a deposit of bail, or violated an order
to appear in court, including, but not limited to, a written notice
to appear issued in accordance with Section 40518, the magistrate or
clerk of the court may give notice of the failure to appear to the
department for any violation of this code, any violation that can be
heard by a juvenile traffic hearing referee pursuant to Section 256
of the Welfare and Institutions Code, or any violation of any other
statute relating to the safe operation of a vehicle, except
violations not required to be reported pursuant to paragraphs (1),
(2), (3), (6), and (7) of subdivision (b) of Section 1803. If
thereafter the case in which the promise was given is adjudicated or
the person who has violated the court order appears in court and
satisfies the order of the court, the magistrate or clerk of the
court hearing the case shall sign and file with the department a
certificate to that effect.
(b) If, with respect to an offense described in subdivision (e),
any person has willfully failed to pay a lawfully imposed fine within
the time authorized by the court or to pay a fine pursuant to
subdivision (a) of Section 42003, the magistrate or clerk of the
court may give notice of the fact to the department for any
violation, except violations not required to be reported pursuant to
paragraphs (1), (2), (3), (6), and (7) of subdivision (b) of Section
1803. If thereafter the fine is fully paid, the magistrate or clerk
of the court shall issue and file with the department a certificate
showing that the fine has been paid.
(c) If any person charged with a violation of Section 23152 or
23153, or Section 191.5 of the Penal Code, or paragraph (3) of
subdivision (c) of Section 192 of that code has violated a lawfully
granted continuance of his or her promise to appear in court or is
released from custody on his or her own recognizance and fails to
appear in court or before the person authorized to receive a deposit
of bail, or violated an order to appear in court, the magistrate or
clerk of the court shall give notice to the department of the failure
to appear. If thereafter the case in which the notice was given is
adjudicated or the person who has violated the court order appears in
court or otherwise satisfies the order of the court, the magistrate
or clerk of the court hearing the case shall prepare and forward to
the department a certificate to that effect.
(d) Except as required under subdivision (c), the court shall mail
a courtesy warning notice to the defendant by first-class mail
at the address shown on the
notice to appear, at least 10 days before sending a notice to the
department under this section.
(e) If the court notifies the department of a failure to appear or
pay a fine pursuant to subdivision (a) or (b), no arrest warrant
shall be issued for an alleged violation of subdivision (a) or (b) of
Section 40508, unless one of the following criteria is met:
(1) The alleged underlying offense is a misdemeanor or felony.
(2) The alleged underlying offense is a violation of any provision
of Division 12 (commencing with Section 24000), Division 13
(commencing with Section 29000), or Division 15 (commencing with
Section 35000), required to be reported pursuant to Section 1803.
(3) The driver's record does not show that the defendant has a
valid California driver's license.
(4) The driver's record shows an unresolved charge that the
defendant is in violation of his or her written promise to appear for
one or more other alleged violations of the law.
(f) Except as required under subdivision (c), in addition to the
proceedings described in this section, the court may elect to notify
the department pursuant to subdivision (c) of Section 40509.
(g) This section is applicable to courts which have elected to
provide notice pursuant to subdivision (b). The method of commencing
or terminating an election to proceed under this section shall be
prescribed by the department.
(h) Any violation subject to Section 40001, which is the
responsibility of the owner of the vehicle, shall not be reported
under this section.
SEC. 79. (a) Section 9.5 of this bill incorporates amendments to
Section 163 of the Streets and Highways Code proposed by both this
bill and AB 2035. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 1999, (2)
each bill amends Section 163 of the Streets and Highways Code, and
(3) this bill is enacted after AB 2035, in which case Section 163 of
the Streets and Highways Code, as amended by AB 2035, shall remain
operative only until the operative date of this bill, at which time
Section 9.5 of this bill shall become operative, and Section 9 of
this bill shall not become operative.
(b) Section 14.5 of this bill incorporates amendments to Section
253.1 of the Streets and Highways Code proposed by both this bill and
AB 2388. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 1999, (2) each
bill amends Section 253.1 of the Streets and Highways Code, and (3)
this bill is enacted after AB 2388, in which case Section 14 of this
bill shall not become operative.
(c) Section 54.5 of this bill incorporates amendments to Section
12804.9 of the Vehicle Code proposed by both this bill and SB 1637.
It shall only become operative if (1) both bills are enacted and
become effective on or before January 1, 1999, (2) each bill amends
Section 12804.9 of the Vehicle Code, and (3) this bill is enacted
after SB 1637, in which case Section 54 of this bill shall not become
operative.
(d) Section 59.5 of this bill incorporates amendments to Section
13370 of the Vehicle Code proposed by both this bill and AB 2102. It
shall only become operative if (1) both bills are enacted and become
effective on or before January 1, 1999, (2) each bill amends Section
13370 of the Vehicle Code, and (3) this bill is enacted after AB
2102, in which case Section 13370 of the Vehicle Code, as amended by
AB 2102, shall remain operative only until the operative date of this
bill, at which time Section 59.5 of this bill shall become
operative, and Section 59 of this bill shall not become operative.
(e) Section 63.5 of this bill incorporates amendments to Section
21101 of the Vehicle Code proposed by both this bill and SB 1649. It
shall only become operative if (1) both bills are enacted and become
effective on or before January 1, 1999, (2) each bill amends Section
21101 of the Vehicle Code, and (3) this bill is enacted after SB
1649, in which case Section 63 of this bill shall not become
operative.
(f) Section 67.5 of this bill incorporates amendments to Section
27315 of the Vehicle Code proposed by both this bill and AB 2062. It
shall only become operative if (1) both bills are enacted and become
effective on or before January 1, 1999, (2) each bill amends Section
27315 of the Vehicle Code, and (3) this bill is enacted after AB
2062, in which case Section 67 of this bill shall not become
operative.
(g) Section 70.5 of this bill incorporates amendments to Section
34631.5 of the Vehicle Code proposed by both this bill and AB 2372.
It shall only become operative if (1) both bills are enacted and
become effective on or before January 1, 1999, (2) each bill amends
Section 34631.5 of the Vehicle Code, and (3) this bill is enacted
after AB 2372, in which case Section 70 of this bill shall not become
operative.
(h) Section 78.5 of this bill incorporates amendments to Section
40509.5 of the Vehicle Code proposed by both this bill and SB 1637.
It shall only become operative if (1) both bills are enacted and
become effective on or before January 1, 1999, (2) each bill amends
Section 40509.5 of the Vehicle Code, and (3) this bill is enacted
after SB 1637, in which case Section 78 of this bill shall not become
operative.
SEC. 80. 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.