BILL NUMBER: SB 1404 CHAPTERED 09/27/00 CHAPTER 787 FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2000 APPROVED BY GOVERNOR SEPTEMBER 27, 2000 PASSED THE SENATE AUGUST 31, 2000 PASSED THE ASSEMBLY AUGUST 29, 2000 AMENDED IN ASSEMBLY AUGUST 24, 2000 AMENDED IN ASSEMBLY AUGUST 18, 2000 AMENDED IN ASSEMBLY JUNE 20, 2000 AMENDED IN ASSEMBLY JUNE 12, 2000 AMENDED IN SENATE MARCH 27, 2000 AMENDED IN SENATE MARCH 2, 2000 INTRODUCED BY Committee on Transportation (Senators Karnette (Chair), Costa, Dunn, Figueroa, Hayden, Monteith, Murray, Rainey, and Speier) JANUARY 31, 2000 An act to amend Sections 5272, 5300, 5403, 5405, and 5408 of, to add Sections 5211, 5216.4, and 5490.5 to, to repeal Section 5217 of, to amend and renumber Sections 5216.2, 5216.3, and 5216.4 of, the Business and Professions Code, to amend Section 99312.7 of the Public Utilities Code, to amend Sections 527 and 8314 of the Streets and Highways Code, and to amend Sections 1656.2, 1803, 14900, 14900.1, 22406, 34501.2, 34601, and 42232 of, to add Sections 13000.1 and 22406.1 to, and to repeal Section 4764.2 of, the Vehicle Code, relating to government. LEGISLATIVE COUNSEL'S DIGEST SB 1404, Committee on Transportation. Government. (1) The Outdoor Advertising Act regulates the placement of advertising displays adjacent to and within specified distances of highways that are part of the national system of interstate and defense highways and federal-aid highways. The act, except as specified, prohibits any advertising display from being placed or maintained on property adjacent to a section of a freeway that has been landscaped if the advertising display is designed to be viewed primarily by persons traveling on the main-traveled way of the landscaped freeway. The act defines relevant terms. This bill would define additional terms as used in the act, amend certain definitions, and delete a definition. The bill would prohibit any advertising display that is visible from a state highway, rather than a bonus segment, as defined, if the display is flashing, intermittent, or involves moving light or lights. The bill would provide that all message centers, as defined, meet certain requirements, and would delete message centers from certain exemptions allowing advertising displays meeting certain requirements to be placed within 660 feet of an interstate or a primary highway if in a business area. The bill would provide that advertising displays may not impair the vision of travelers as measured by values established in the Vehicle Code. To the extent that these changes would expand the scope of an existing crime, the bill would impose a state-mandated local program. (2) Existing law regulates on-premises advertising displays and regulates any structure, housing, sign, device, figure, statuary, painting, display, message placard, or other contrivance, or any part thereof, that has been designed, constructed, created, intended, or engineered to have a useful life of 15 years or more, and intended or used to advertise, or to provide data or information in the nature of advertising, for specified purposes. This bill would define "message center" and would provide that on-premise message center displays that are visible to traffic from any interstate or primary highway are required to meet certain conditions. (3) Existing law requires certain funds in the Public Transportation Account in the State Transportation Fund to be appropriated by the Legislature to the Controller for allocation to transportation planning agencies, county transportation commissions, and the San Diego Metropolitan Transit Development Board for specified transit purposes. The Controller is required, not later than January 10th of each year, to send to each of those entities an estimate of the amount of funds to be allocated to the entity under these provisions during the next fiscal year. This bill would change the date specified above to January 31st. (4) Existing law requires the California Transportation Commission to relinquish to any city or county any portion of any state highway within the city or county that has been deleted from the state highway system by legislative enactment. These relinquishments become effective upon the first day of the next calendar or fiscal year, whichever first occurs after the effective date of the legislative enactment. This bill would authorize the commission to relinquish to the City of Arroyo Grande a specified portion of State Highway Route 227, upon terms and conditions the commission finds to be in the best interests of the state, including that the city maintain within its jurisdiction signs directing motorists to the continuation of Route 227. The relinquishment would become effective immediately following recordation by the county recorder of the relinquishment resolution containing the commission's approval of the terms and conditions of the relinquishment. The portion of Route 227 relinquished as specified would cease to be a state highway on the effective date of the relinquishment. (5) Existing law provides for the vacation of a public street, highway, or public service easement in accordance with specified procedures. This bill would correct a statutory cross reference set forth in those provisions. (6) Existing law requires the Department of Motor Vehicles to prepare and publish a printed summary describing the penalties for noncompliance with provisions relating to the state's compulsory financial responsibility law, and include the summary with specified motor vehicle registration and driver license documents. This bill would make changes in the notice to conform to changes in the compulsory financial responsibility law. (7) Existing law excludes violations as a pedestrian or while operating a bicycle from the requirement that court clerks report Vehicle Code violations to the Department of Motor Vehicles. This bill would also exclude violations while operating a motorized scooter. (8) Existing law requires the Department of Motor Vehicles to, in cooperation with parking citation processing agencies, develop a plan to establish a pilot program by which parking penalties and administrative fees may be collected without regard to whether a vehicle is transferred. This bill would delete that requirement. (9) Existing law requires the Department of Motor Vehicles to issue identification cards and authorizes the cancellation of the identification cards under certain circumstances. This bill would authorize the department to refuse to issue or renew an identification card to any person if the department determines that the person has knowingly used a false or fictitious name in any application, if the department determines that the person has impersonated another in making an application, or if the department determines that the person has knowingly made a false statement, knowingly concealed a material fact, or otherwise committed any fraud on any application. The bill would also authorize the department to declare an identification card invalid on any of these same grounds. The bill would also require the holder of an invalid card to surrender the card to the department and a violation of this provision would be punishable as an infraction thereby imposing a state-mandated local program. (10) Existing law specifies that upon application for an original class C or M driver's license, or for the renewal of a class C or M driver's license, there shall be paid to the Department of Motor Vehicles a fee of $12 for a license that will expire on the 4th birthday of the applicant following the date of the application. Existing law also specifies that upon application for an original driver's license, or for the renewal of a driver's license or for a license to operate a different class of vehicle, there shall be paid to the department a fee of $15 for a license that will expire on the 5th birthday of the applicant following the date of the application. This bill would provide that the $12 fee is for the issuance of an original 4-year class C or M driver's license and the $15 fee is for a renewal 5-year class C or M driver's license or a change in vehicle class. (11) Existing law prohibits specified vehicles from being driven on a highway in excess of 55 miles per hour and also prohibits a commercial motor vehicle from being operated on a highway at a speed exceeding an established maximum speed limit by 15 miles per hour or more and declares that a violation of this provision is punishable as a misdemeanor and is a serious traffic violation, as defined. This bill would make a technical, nonsubstantive change in these provisions. (12) The Motor Carriers of Property Permit Act provides for the regulation of certain for-hire motor carriers of property by the Department of Motor Vehicles and the Department of the California Highway Patrol. The act refers to certain obsolete statutory provisions and definitions relating to specified motor carriers. This bill would delete the obsolete statutory references and definitions. (13) Existing law requires an application for refund from the Department of Motor Vehicles for an erroneous or excessive collection of fees or penalties to be presented to the department in writing within three years from the date of payment of the erroneous or excessive fee or penalty. This bill would delete the requirement that the application be in writing, and, instead, would require that the application be in a format prescribed by the department. (14) 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. This bill would provide that no reimbursement is required by this act for a specified reason. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 5211 is added to the Business and Professions Code, to read: 5211. "Flashing" is a light or message that changes more than once every four seconds. SEC. 2. Section 5216.2 of the Business and Professions Code is amended and renumbered to read: 5216.3. "Main-traveled way" is the traveled way of a highway on which through traffic is carried. In the case of a divided highway, the traveled way of each of the separate roadways for traffic in opposite directions is a main-traveled way. Main-traveled way does not include facilities such as frontage roads, ramps, auxiliary lanes, parking areas, or shoulders. SEC. 3. Section 5216.3 of the Business and Professions Code is amended and renumbered to read: 5216.5. "Nonconforming advertising display" is an advertising display that was lawfully placed, but that does not conform to the provisions of this chapter, or the administrative regulations adopted pursuant to this chapter, that were enacted subsequent to the date of placing. SEC. 4. Section 5216.4 of the Business and Professions Code is amended and renumbered to read: 5216.6. (a) "Officially designated scenic highway or scenic byway" is any state highway that has been officially designated and maintained as a state scenic highway pursuant to Sections 260, 261, 262, and 262.5 of the Streets and Highways Code or that has been officially designated a scenic byway as referred to in Section 131 (s) of Title 23 of the United States Code. (b) "Officially designated scenic highway or scenic byway" does not include routes listed as part of the State Scenic Highway system, Streets and Highway Code, Section 263, et seq., unless those routes, or segments of those routes, have been designated as officially designated state scenic highways. SEC. 5. Section 5216.4 is added to the Business and Professions Code, to read: 5216.4. "Message center" is an advertising display where the message is changed more than once every two minutes, but no more than once every four seconds. SEC. 6. Section 5217 of the Business and Professions Code is repealed. SEC. 7. Section 5272 of the Business and Professions Code is amended to read: 5272. With the exception of Article 4 (commencing with Section 5300) and Sections 5400 and 5404, inclusive, nothing contained in this chapter applies to any advertising display that is used exclusively for any of the following purposes: (a) To advertise the sale, lease, or exchange of real property upon which the advertising display is placed. (b) To advertise directions to, and the sale, lease, or exchange of, real property for which the advertising display is placed; provided, that the exemption of this paragraph does not apply to advertising displays visible from a highway and subject to the Highway Beautification Act of 1965 (23 U.S.C., Sec. 131). (c) To designate the name of the owner or occupant of the premises or to identify the premises. (d) To advertise the business conducted or services rendered or the goods produced or sold upon the property upon which the advertising display is placed if the display is upon the same side of the highway and within 1,000 feet of the point on the property or within 1,000 feet of the entrance to the site at which the business is conducted or services are rendered or goods are produced or sold. SEC. 8. Section 5300 of the Business and Professions Code is amended to read: 5300. (a) A person engages in the business of outdoor advertising whenever, personally or through employees, that person places an advertising display, changes the advertising message of an advertising display that does not pertain exclusively to that person' s business and is visible to a state highway or freeway. (b) A manufacturer or distributor of a product for sale to the general public does not engage in the business of outdoor advertising when furnishing a sign pertaining to the product to a retailer of that product for installation on the retailer's place of business or when installing on the retailer's place of business a sign containing advertising pertaining to the product, the name or the business of the retailer. SEC. 9. Section 5403 of the Business and Professions Code is amended to read: 5403. No advertising display shall be placed or maintained in any of the following locations or positions or under any of the following conditions or if the advertising structure or sign is of the following nature: (a) If within the right-of-way of any highway. (b) If visible from any highway and simulating or imitating any directional, warning, danger or information sign permitted under the provisions of this chapter, or if likely to be mistaken for any such permitted sign, or if intended or likely to be construed as giving warning to traffic, such as by the use of the words "stop" or "slow down." (c) If within any stream or drainage channel or below the floodwater level of any stream or drainage channel where the advertising display might be deluged by flood waters and swept under any highway structure crossing the stream or drainage channel or against the supports of the highway structure. (d) If not maintained in safe condition. (e) If visible from any highway and displaying any red or blinking or intermittent light likely to be mistaken for a warning or danger signal. (f) If visible from any highway which is a part of the interstate or primary systems, and which is placed upon trees, or painted or drawn upon rocks or other natural features. (g) If any illumination shall impair the vision of travelers on adjacent highways. Illuminations shall be considered vision impairing when its brilliance exceeds the values set forth in Section 21466.5 of the Vehicle Code. (h) If visible from a state regulated highway displaying any flashing, intermittent, or moving light or lights. SEC. 10. Section 5405 of the Business and Professions Code is amended to read: 5405. Notwithstanding any other provision of this chapter, no advertising display shall be placed or maintained within 660 feet from the edge of the right-of-way of, and the copy of which is visible from, any interstate or primary highway, other than any of the following: (a) Directional or other official signs or notices that are required or authorized by law, including, but not limited to, signs pertaining to natural wonders and scenic and historical attractions, and which comply with regulations adopted by the director relative to their lighting, size, number, spacing, and any other requirements as may be appropriate to implement this chapter which are consistent with national standards adopted by the United States Secretary of Transportation pursuant to subdivision (c) of Section 131 of Title 23 of the United States Code. (b) Advertising displays advertising the sale or lease of the property upon which they are located, if all advertising displays within 660 feet of the edge of the right-of-way of a bonus segment comply with the regulations adopted under Sections 5251 and 5415. (c) Advertising displays which advertise the business conducted, services rendered, or goods produced or sold upon the property upon which the advertising display is placed, if the display is upon the same side of the highway as the advertised activity; and if all advertising displays within 660 feet of the right-of-way of a bonus segment comply with the regulations adopted under Sections 5251, 5403, and 5415; and except that no advertising display shall be placed after January 1, 1971, if it contains flashing, intermittent, or moving lights (other than that part necessary to give public service information, including, but not limited to, the time, date, temperature, weather, or similar information, or a message center display as defined in subdivision (d)). (d) (1) Message center displays that comply with all requirements of this chapter. The illumination or the appearance of illumination resulting in a message change of a message center display is not the use of flashing, intermittent, or moving light for purposes of subdivision (b) of Section 5408, except that no message center display may include any illumination or message change that is in motion or appears to be in motion or that changes in intensity or exposes its message for less than four seconds. No message center display may be placed within 1,000 feet of another message center display on the same side of the highway. No message center display may be placed in violation of Section 131 of Title 23 of the United States Code. (2) Any message center display located beyond 660 feet from the edge of the right-of-way of an interstate or primary highway and permitted by a city, county, or city and county on or before December 31, 1988, is in compliance with Article 6 (commencing with Section 5350) and Article 7 (commencing with Section 5400) for purposes of this section. (3) Any message center display legally placed on or before December 31, 1996, which does not conform with this section may continue to be maintained under its existing criteria if it advertises only the business conducted, services rendered, or goods produced or sold upon the property upon which the display is placed. (4) This subdivision does not prohibit the adoption by a city, county, or city and county of restrictions or prohibitions affecting off-premises message center displays which are equal to or greater than those imposed by this subdivision, if that ordinance or regulation does not restrict or prohibit on-premises advertising displays, as defined in Chapter 2.5 (commencing with Section 5490). (e) Advertising displays erected or maintained pursuant to regulations of the director, not inconsistent with the national policy set forth in subdivision (f) of Section 131 of Title 23 of the United States Code and the standards promulgated thereunder by the Secretary of Transportation, and designed to give information in the specific interest of the traveling public. SEC. 11. Section 5408 of the Business and Professions Code is amended to read: 5408. In addition to the advertising displays permitted by Section 5405 to be placed within 660 feet of the edge of the right-of-way of interstate or primary highways, advertising displays conforming to the following standards, and not in violation of any other provision of this chapter, may be placed in those locations if placed in business areas: (a) Advertising displays may not be placed that exceed 1,200 square feet in area with a maximum height of 25 feet and a maximum length of 60 feet, including border and trim, and excluding base or apron supports and other structural members. This subdivision shall apply to each facing of an advertising display. The area shall be measured by the smallest square, rectangle, triangle, circle, or combination thereof, which will encompass the entire advertisement. Two advertising displays not exceeding 350 square feet each may be erected in a facing. Any advertising display lawfully in existence on August 1, 1967, that exceeds 1,200 square feet in area, and that is permitted by city or county ordinance, may be maintained in existence. (b) Advertising displays may not be placed that are so illuminated that they interfere with the effectiveness of, or obscure any official traffic sign, device, or signal; nor shall any advertising display include or be illuminated by flashing, intermittent, or moving lights (except that part necessary to give public service information such as time, date, temperature, weather, or similar information); nor shall any advertising display cause beams or rays of light to be directed at the traveled ways if the light is of an intensity or brilliance as to cause glare or to impair the vision of any driver, or to interfere with any driver's operation of a motor vehicle. (c) Advertising displays may not be placed to obstruct, or otherwise physically interfere with, an official traffic sign, signal, or device or to obstruct, or physically interfere with, the vision of drivers in approaching, merging, or intersecting traffic. (d) No advertising display shall be placed within 500 feet from another advertising display on the same side of any portion of an interstate highway or a primary highway that is a freeway. No advertising display shall be placed within 500 feet of an interchange, or an intersection at grade, or a safety roadside rest area on any portion of an interstate highway or a primary highway that is a freeway and if the interstate or primary highway is located outside the limits of an incorporated city and outside the limits of an urban area. No advertising display shall be placed within 300 feet from another advertising display on the same side of any portion of a primary highway that is not a freeway if that portion of the primary highway is located outside the limits of an incorporated city and outside the limits of an urban area. No advertising display shall be placed within 100 feet from another advertising display on the same side of any portion of a primary highway that is not a freeway if that portion of the primary highway is located inside the limits of an incorporated city or inside the limits of an urban area. (e) Subdivision (d) does not apply to any of the following: (1) Advertising displays that are separated by a building or other obstruction in a manner that only one display located within the minimum spacing distances set forth herein is visible from the highway at any one time. (2) Double-faced, back-to-back, or V-type advertising display, with a maximum of two signs per facing, as permitted in subdivision (a). (3) Advertising displays permitted by subdivisions (a) to (c), inclusive, of Section 5405. The minimum distance between signs shall be measured along the nearest edge of the pavement between points directly opposite the signs along each side of the highway. (4) Any advertising display lawfully in existence on August 1, 1967, which does not conform to this subdivision but that is permitted by city or county ordinances. (f) "Urban area," as used in subdivision (d), shall be determined in accordance with Section 101(a) of Title 23 of the United States Code. SEC. 12. Section 5490.5 is added to the Business and Professions Code, to read: 5490.5. (a) For purposes of this chapter, "message center" is an advertising display where the message is changed more than once every two minutes, but no more than once every four seconds. (b) On-premise message centers visible to traffic from any interstate or primary highway shall meet all of the following requirements: (1) The display may not include any message that is in motion or appears to be in motion. (2) The display may not change the intensity of illumination. (3) The display may not change the message more than once every four seconds. SEC. 13. Section 99312.7 of the Public Utilities Code is amended to read: 99312.7. (a) Not later than each January 31st, the Controller shall send to each transportation planning agency and county transportation commission, and the San Diego Metropolitan Transit Development Board, an estimate of the amount of funds to be allocated to it during the next fiscal year pursuant to Sections 99313 and 99314. (b) Not later than each August 1st, on the basis of the amount appropriated in the Budget Act for purposes of Sections 99313 and 99314, the Controller shall send to each of the entities an estimate of the amount of funds to be allocated to it during the fiscal year. This section shall become operative on July 1, 1987. SEC. 14. Section 527 of the Streets and Highways Code is amended to read: 527. (a) Route 227 is from Route 1 south of Oceano to Route 101 in San Luis Obispo. (b) (1) Notwithstanding subdivision (a), the commission may relinquish to the City of Arroyo Grande the portion of Route 227 that is located within the city limits of that city, upon terms and conditions the commission finds to be in the best interests of the state, including, but not limited to, a condition that the City of Arroyo Grande maintain within its jurisdiction signs directing motorists to the continuation of Route 227. (2) A relinquishment under this subdivision shall become effective immediately following the recording by the county recorder of the relinquishment resolution containing the commission's approval of the terms and conditions of the relinquishment. (3) On and after the effective date of the relinquishment, both of the following shall occur: (A) The portion of Route 227 relinquished under this subdivision shall cease to be a state highway. (B) The portion of Route 227 relinquished under this subdivision may not be considered for future adoption under Section 81. SEC. 15. Section 8314 of the Streets and Highways Code is amended to read: 8314. Section 892 applies to a street, highway, or public service easement vacated pursuant to this part. SEC. 16. Section 1656.2 of the Vehicle Code is amended to read: 1656.2. The department shall prepare and publish a printed summary describing the penalties for noncompliance with Sections 16000 and 16028, which shall be included with each motor vehicle registration, registration renewal, and transfer of registration and with each driver's license and license renewal. The printed summary may contain, but is not limited to, the following wording: "IMPORTANT FACTS ABOUT ENFORCEMENT OF CALIFORNIA'S COMPULSORY FINANCIAL RESPONSIBILITY LAW California law requires every driver to carry written evidence of valid automobile liability insurance, a thirty-five thousand dollar ($35,000) bond, a thirty-five thousand dollar ($35,000) cash deposit, or a certificate of self-insurance that has been issued by the Department of Motor Vehicles. You must provide evidence of financial responsibility when you renew the registration of a motor vehicle, and after you are cited by a peace officer for a traffic violation or are involved in any traffic accident. The law requires that you provide the officer with the name and address of your insurer and the policy identification number. Your insurer will provide written evidence of this number. Failure to provide evidence of your financial responsibility can result in fines of up to five hundred dollars ($500) and loss of your driver's license. Falsification of evidence can result in fines of up to seven hundred fifty dollars ($750) or 30 days in jail, or both, in addition to a one-year suspension of driving privileges. Under existing California law, if you are involved in an accident that results in damages of over five hundred dollars ($500) to the property of any person or in any injury or fatality, you must file a report of the accident with the Department of Motor Vehicles within 10 days of the accident. If you fail to file a report or fail to provide evidence of financial responsibility on the report, your driving privilege will be suspended for up to four years. Your suspension notice will notify you of the department's action and of your right to a hearing. Your suspension notice will also inform you that if you request a hearing, it must be conducted within 30 days of your written request, and that a decision is to be rendered within 15 days of the conclusion of the hearing." SEC. 17. Section 1803 of the Vehicle Code is amended to read: 1803. (a) Every clerk of a court in which a person was convicted of any violation of this code, was convicted of any violation of subdivision (a), (b), (c), (d), (e), or (f) of Section 655 of the Harbors and Navigation Code pertaining to a mechanically propelled vessel but not to manipulating any water skis, an aquaplane, or similar device, was convicted of any violation of Section 655.2, 655.6, 658, or 658.5 of the Harbors and Navigation Code, or any violation of Section 191.5 of the Penal Code when the conviction resulted from the operation of a vessel, was convicted of any offense involving use or possession of controlled substances under Division 10 (commencing with Section 11000) of the Health and Safety Code, was convicted of any felony offense when a commercial motor vehicle, as defined in subdivision (b) of Section 15210, was involved in or incidental to the commission of the offense, or was convicted of any violation of any other statute relating to the safe operation of vehicles, shall prepare within 10 days after conviction and immediately forward to the department at its office at Sacramento an abstract of the record of the court covering the case in which the person was so convicted. If sentencing is not pronounced in conjunction with the conviction, the abstract shall be forwarded to the department within 10 days after sentencing and the abstract shall be certified by the person so required to prepare it to be true and correct. For the purposes of this section, a forfeiture of bail shall be equivalent to a conviction. (b) The following violations are not required to be reported under subdivision (a): (1) Division 3.5 (commencing with Section 9840). (2) Section 21113, with respect to parking violations. (3) Chapter 9 (commencing with Section 22500) of Division 11, except Section 22526. (4) Division 12 (commencing with Section 24000), except Sections 24002, 24004, 24250, 24409, 24604, 24800, 25103, 26707, 27151, 27315, 27360, 27800, and 27801 and Chapter 3 (commencing with Section 26301). (5) Division 15 (commencing with Section 35000), except Chapter 5 (commencing with Section 35550). (6) Violations for which a person was cited as a pedestrian or while operating a bicycle or a motorized scooter. (7) Division 16.5 (commencing with Section 38000). (8) Subdivision (b) of Section 23221, subdivision (b) of Section 23223, subdivision (b) of Section 23225, and subdivision (b) of Section 23226. (c) If the court impounds a license, or orders a person to limit his or her driving pursuant to paragraph (2) of subdivision (a) of Section 23538, subdivision (b) of Section 23542, subdivision (b) of Section 23562, or subdivision (d) of Section 40508, the court shall notify the department concerning the impoundment or limitation on an abstract prepared pursuant to subdivision (a) of this section or on a separate abstract, which shall be prepared within 10 days after the impoundment or limitation was ordered and immediately forwarded to the department at its office in Sacramento. (d) If the court determines that a prior judgment of conviction of a violation of Section 23152 or 23153 is valid or is invalid on constitutional grounds pursuant to Section 41403, the clerk of the court in which the determination is made shall prepare an abstract of that determination and forward it to the department in the same manner as an abstract of record pursuant to subdivision (a). (e) Within 10 days of an order terminating or revoking probation under Section 23602, the clerk of the court in which the order terminating or revoking probation was entered shall prepare and immediately forward to the department at its office in Sacramento an abstract of the record of the court order terminating or revoking probation and any other order of the court to the department required by law. SEC. 18. Section 4764.2 of the Vehicle Code is repealed. SEC. 19. Section 13000.1 is added to the Vehicle Code, to read: 13000.1. (a) The department may refuse to issue or renew an identification card to any person for any of the following reasons: (1) The department determines that the person has knowingly used a false or fictitious name in any application. (2) The department determines that the person has impersonated another in making an application. (3) The department determines that the person has knowingly made a false statement, knowingly concealed a material fact, or otherwise committed any fraud on any application. (b) The department may declare an identification card invalid upon any of the grounds specified in subdivision (a) as reason to refuse to reissue or renew an identification card. The holder of an identification card that has been declared invalid shall surrender the identification card to the department. SEC. 20. Section 14900 of the Vehicle Code is amended to read: 14900. Upon application for an original class C or M driver's license, there shall be paid to the department a fee of twelve dollars ($12) for a license that will expire on the fourth birthday of the applicant following the date of the application. The payment of the fee entitles the person paying the fee to apply for a driver's license and to take three examinations within a period of 12 months from the date of the application or during the period that an instruction permit is valid, as provided in Section 12509. SEC. 21. Section 14900.1 of the Vehicle Code is amended to read: 14900.1. Except as provided in Sections 15250.5 and 15255, upon application for the renewal of a driver's license or for a license to operate a different class of vehicle, there shall be paid to the department a fee of fifteen dollars ($15) for a license that will expire on the fifth birthday of the applicant following the date of the application. The payment of the fee entitles the person paying the fee to apply for a driver's license and to take three examinations within a period of 12 months from the date of the application or during the period that an instruction permit is valid, as provided in Section 12509. SEC. 22. Section 22406 of the Vehicle Code is amended to read: 22406. No person may drive any of the following vehicles on a highway at a speed in excess of 55 miles per hour: (a) A motortruck or truck tractor having three or more axles or any motortruck or truck tractor drawing any other vehicle. (b) A passenger vehicle or bus drawing any other vehicle. (c) A schoolbus transporting any school pupil. (d) A farm labor vehicle when transporting passengers. (e) A vehicle transporting explosives. (f) A trailer bus, as defined in Section 636. SEC. 23. Section 22406.1 is added to the Vehicle Code, to read: 22406.1. Any person who operates a commercial motor vehicle, as defined in Section 15210, upon a highway at a speed exceeding a maximum speed limit established under this code by 15 miles per hour or more, is guilty of a misdemeanor. A violation of this section shall be considered a "serious traffic violation," as defined in subdivision (i) of Section 15210, and shall be subject to the sanctions provided under Section 15306 or 15308, in addition to any other penalty provided by law. SEC. 24. Section 34501.2 of the Vehicle Code is amended to read: 34501.2. (a) The regulations adopted under Section 34501 for vehicles engaged in interstate or intrastate commerce shall establish hours-of-service regulations for drivers of those vehicles that are consistent with the hours-of-service regulations adopted by the United States Department of Transportation in Part 395 of Title 49 of the Code of Federal Regulations, as those regulations now exist or are hereafter amended. (b) The regulations adopted under Section 34501 for vehicles engaged in intrastate commerce that are not transporting hazardous substances or hazardous waste, as those terms are defined by regulations in Section 171.8 of Title 49 of the Code of Federal Regulations, as those regulations now exist or are hereafter amended, shall have the following exceptions: (1) The maximum driving time within a work period shall be 12 hours for a driver of a truck or truck tractor, except for a driver of a tank vehicle with a capacity of more than 500 gallons transporting flammable liquid, who shall not drive for more than 10 hours within a work period. (2) No motor carrier shall permit or require a driver to drive, nor shall any driver drive, for any period after having been on duty for 80 hours in any consecutive eight days. (3) A driver employed by an electrical corporation, as defined in Section 218 of the Public Utilities Code, a gas corporation, as defined in Section 222 of that code, a telephone corporation, as defined in Section 234 of that code, a water corporation, as defined in Section 241 of that code, or a public water district as defined in Section 20200 of the Water Code, may be permitted or required to drive more than the number of hours specified in subdivision (a) while operating a public utility or public water district vehicle during the emergency restoration of service. (4) Any other exceptions applicable to drivers assigned to governmental fire suppression and prevention, as determined by the department. (5) A driver employed by a law enforcement agency, as defined in Section 390.3(f)(2) of Title 49 of the Code of Federal Regulations, as that section now exists or is hereafter amended, during an emergency or to restore the public peace. (c) The regulations adopted under Section 34501 for vehicles engaged in the transportation of farm products in intrastate commerce shall include all of the following provisions: (1) A driver employed by an agricultural carrier, including a carrier holding a seasonal permit, or by a private carrier, when transporting farm products from the field to the first point of processing or packing, shall not drive for any period after having been on duty 16 hours or more following eight consecutive hours off duty and shall not drive for any period after having been on duty for 112 hours in any consecutive eight-day period, except that a driver transporting special situation farm products from the field to the first point of processing or packing, or transporting livestock from pasture to pasture, may be permitted, during one period of not more than 28 consecutive days or a combination of two periods totaling not more than 28 days in a calendar year, to drive for not more than 12 hours during any workday of not more than 16 hours. A driver who thereby exceeds the driving time limits specified in paragraph (2) of subdivision (b) shall maintain a driver's record of duty status, and shall keep a duplicate copy in his or her possession when driving a vehicle subject to this chapter. These records shall be presented immediately upon request by any authorized employee of the department, or any police officer or deputy sheriff. (2) Upon the request of the Director of Food and Agriculture, the commissioner may, for good cause, temporarily waive the maximum on-duty time limits applicable to any eight-day period when an emergency exists due to inclement weather, natural disaster, or an adverse economic condition that threatens to disrupt the orderly movement of farm products during harvest for the duration of the emergency. For purposes of this paragraph, an emergency does not include a strike or labor dispute. (3) For purposes of this subdivision, the following terms have the following meanings: (A) "Farm products" means every agricultural, horticultural, viticultural, or vegetable product of the soil, honey and beeswax, oilseeds, poultry, livestock, milk, or timber. (B) "First point of processing or packing" means a location where farm products are dried, canned, extracted, fermented, distilled, frozen, ginned, eviscerated, pasteurized, packed, packaged, bottled, conditioned, or otherwise manufactured, processed, or preserved for distribution in wholesale or retail markets. (C) "Special situation farm products" means fruit, tomatoes, sugar beets, grains, wine grapes, grape concentrate, cotton, or nuts. SEC. 25. Section 34601 of the Vehicle Code is amended to read: 34601. (a) As used in this division, "motor carrier of property" means any person who operates any commercial motor vehicle as defined in subdivision (c). "Motor carrier of property" does not include a household goods carrier, as defined in Section 5109 of the Public Utilities Code, a household goods carrier transporting used office, store, and institution furniture and fixtures under its household goods carrier permit pursuant to Section 5137 of the Public Utilities Code, persons providing only transportation of passengers, or a passenger stage corporation transporting baggage and express upon a passenger vehicle incidental to the transportation of passengers. (b) As used in this division, "for-hire motor carrier of property" means a motor carrier of property as defined in subdivision (a) who transports property for compensation. (c) (1) As used in this division, except as provided in paragraph (2), a "commercial motor vehicle" means any self-propelled vehicle listed in subdivisions (a), (b), (f), (g), and (k) of Section 34500, any motor truck of two or more axles that is more than 10,000 pounds gross vehicle weight rating, and any other motor vehicle used to transport property for compensation. (2) As used in this division, "commercial motor vehicle" does not include any of the following: (A) Vehicles identified in subdivision (f) of Section 34500, if the gross vehicle weight rating of the towing vehicle is 10,000 pounds or less. (B) Vehicles identified in subdivision (g) of Section 34500, if the hazardous material transportation does not require the display of placards under Section 27903, a license under Section 32000.5, or a hazardous waste transporter registration under Section 25163 of the Health and Safety Code, and the vehicle is not operated in commercial use. (C) Vehicles operated by a household goods carrier, as defined in Section 5109 of the Public Utilities Code, under the household goods carrier permit pursuant to Section 5137 of that code. (D) Vehicles operated by a household goods carrier to transport used office, store, and institution furniture and fixtures under its household goods carrier permit pursuant to Section 5137 of the Public Utilities Code. (E) Pickup trucks as defined in Section 471, if the conditions in subparagraphs (A) and (B) are also met. (F) Two-axle daily rental trucks with a gross vehicle weight rating of less than 26,001 pounds, when operated in noncommercial use. (G) Motor trucks or two-axle truck tractors, with a gross vehicle weight rating of less than 26,001 pounds, when used solely to tow a camp trailer, trailer coach, fifth-wheel travel trailer, or utility trailer. Vehicle combinations described in this subparagraph are not subject to Section 27900, 34501.12, or 34507.5. (d) For purposes of this chapter, "private carrier" means a motor carrier of property, who transports only his or her own property, including, but not limited to, the delivery of goods sold by that carrier. SEC. 26. Section 42232 of the Vehicle Code is amended to read: 42232. The application for refund shall be presented to the department in a format prescribed by the department within three years from the date of payment of the erroneous or excessive fee or penalty and shall identify the payment made and state the grounds upon which it is claimed that the payment was excessive or erroneous. SEC. 27. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because 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.