BILL NUMBER: AB 2086 CHAPTERED 09/29/00 CHAPTER 873 FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2000 APPROVED BY GOVERNOR SEPTEMBER 28, 2000 PASSED THE SENATE AUGUST 31, 2000 PASSED THE ASSEMBLY AUGUST 30, 2000 AMENDED IN SENATE AUGUST 25, 2000 AMENDED IN SENATE AUGUST 10, 2000 AMENDED IN SENATE JUNE 22, 2000 AMENDED IN SENATE MAY 30, 2000 AMENDED IN ASSEMBLY MARCH 28, 2000 INTRODUCED BY Assembly Member Reyes FEBRUARY 22, 2000 An act to amend Sections 31402, 34506.4, and 40000.15 of, and to add Sections 24002.5 and 34506.5 to, the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST AB 2086, Reyes. Farm labor vehicles: unsafe operation. (1) Existing law prohibits any person from operating a farm labor vehicle, as defined, except to take the vehicle unladen to a repair shop, after notice by the Department of the California Highway Patrol to the owner that the vehicle is in an unsafe condition or is not equipped as required by the Vehicle Code, or any regulations adopted thereunder, until the vehicle and its equipment have been made to conform with the requirements of that code, or any regulations adopted thereunder, and approved by the department. This bill would prohibit a person from operating a farm labor vehicle, except as may be necessary to return the unladen vehicle or combination of vehicles to the residence or place of business of the owner or driver, or to a garage, after notice by the department to the owner that the vehicle is in an unsafe condition or is not equipped as required by the Vehicle Code, as prescribed. The bill would make it a misdemeanor for any person to operate a farm labor vehicle in violation of this provision while the vehicle is in a condition that presents an immediate safety hazard, as defined. To the extent that this bill would change the definition of a crime, the bill would impose a state-mandated local program. The bill would require a violation of these provisions be punished by a fine of not less than $1,000 and not more than $5,000, or both that fine and a sentence of confinement for not more than 6 months in the county jail. The bill would prohibit the suspension of any part of the fine. The bill would make it a misdemeanor for any person to operate a farm labor vehicle in a condition that presents an immediate safety hazard, or in violation of specified provisions of the Vehicle Code. The bill thereby would impose a state-mandated local program by creating a new crime. The bill would require that a violation of these provisions be punished by a fine of not less than $1,000 and not more than $5,000, or both that fine and a sentence of confinement for not more than 6 months in the county jail. The bill would prohibit the suspension of any part of the fine. The bill would authorize any member of the Department of the California Highway Patrol to impound a farm labor vehicle operated in violation of these provisions, as prescribed, and would provide for its release from impoundment under specified conditions. The bill would provide that a farm labor vehicle is subject to forfeiture as a nuisance if it is driven on a highway in violation of the specified provisions and has been impounded by the department as specified above for a second or subsequent time. The bill would specify the procedure to be followed for vehicle forfeiture. The bill would make conforming changes. (2) 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. The Legislature finds and declares that it is the intent of the Legislature that nothing in the act adding this section may be construed to require that farm labor vehicles be added to the state's Biennial Inspection Terminal program or to make the drug testing and other testing requirements included in that program applicable to farm labor vehicles. SEC. 2. Section 24002.5 is added to the Vehicle Code, to read: 24002.5. (a) No person may operate a farm labor vehicle that is in a condition that presents an immediate safety hazard or in violation of Section 24004 or 31402. (b) A violation of this section is a misdemeanor punishable by a fine of not less than one thousand dollars ($1,000) and not more than five thousand dollars ($5,000), or both that fine and a sentence of confinement for not more than six months in the county jail. No part of any fine imposed under this section may be suspended. (c) As used in this section, an "immediate safety hazard" is any equipment violation described in subdivision (a) of Section 31401 or Section 31405, including any violation of a regulation adopted pursuant to those provisions. (d) Any member of the Department of the California Highway Patrol may impound a farm labor vehicle operated in violation of this section pursuant to Section 34506.4. SEC. 3. Section 31402 of the Vehicle Code is amended to read: 31402. (a) No person may operate any farm labor vehicle except as may be necessary to return the unladen vehicle or combination of vehicles to the residence or place of business of the owner or driver, or to a garage, after notice by the department to the owner that the vehicle is in an unsafe condition or is not equipped as required by this code, or any regulations adopted thereunder, until the vehicle and its equipment have been made to conform with the requirements of this code, or any regulations adopted thereunder, and approved by the department. (b) (1) A person who operates a farm labor vehicle in violation of this section while the vehicle is in a condition that presents an immediate safety hazard is guilty of a misdemeanor punishable by a fine of not less than one thousand dollars ($1,000) and not more than five thousand dollars ($5,000), or both that fine and a sentence of confinement for not more than six months in the county jail. No part of any fine imposed under this subdivision may be suspended. (2) As used in this subdivision, an "immediate safety hazard" is any equipment violation described in subdivision (a) of Section 31401 or Section 31405, including any violation of a regulation adopted pursuant to that provision or those provisions. (c) Any member of the Department of the California Highway Patrol may impound a farm labor vehicle operated in violation of this section pursuant to Section 34506.4. A farm labor vehicle shall not be impounded unless a member of that department determines that a person has failed to comply with subdivision (a) or a person fails to comply with a lawful out-of-service order, as described in subdivision (b) of Section 2800. SEC. 4. Section 34506.4 of the Vehicle Code is amended to read: 34506.4. (a) Any member of the Department of the California Highway Patrol may remove from the highway and have placed in a storage facility, any vehicle described in subdivision (a) of Section 22406, subdivision (g) of Section 34500, and any motortruck with a gross vehicle weight rating of more than 10,000 pounds, which is in an unsafe condition. (b) Any member of the Department of the California Highway Patrol may impound any farm labor vehicle operated in violation of subdivision (b) of Section 2800, subdivision (a) of Section 24002.5, or subdivision (a) of Section 31402, subject to the following requirements: (1) A farm labor vehicle impounded for a first violation of subdivision (b) of Section 2800, subdivision (a) of Section 24002.5, or subdivision (a) of Section 31402 may be released within 24 hours upon delivery to the impounding authority of satisfactory proof that the vehicle will be legally moved or transported to a place of repair. (2) A farm labor vehicle shall be impounded for not less than 10 days for a second violation of subdivision (b) of Section 2800, subdivision (a) of Section 24002.5, or subdivision (a) of Section 31402, or any combination of two of those provisions, if the original equipment or maintenance violation has not been repaired to comply with existing law. The farm labor vehicle shall be released after 10 days upon delivery to the impounding authority of satisfactory proof that the vehicle has been repaired to comply with existing law, or upon delivery to the impounding agency of satisfactory proof that the vehicle will be lawfully moved or transported to a place of repair. (3) A farm labor vehicle shall be impounded for not less than 30 days for a third or subsequent violation of subdivision (b) of Section 2800, subdivision (a) of Section 24002.5, or subdivision (a) of Section 31402, or any combination of three or more of those provisions, if the original equipment or maintenance violation has not been repaired to comply with existing law. The farm labor vehicle shall be released after 30 days upon delivery to the impounding authority of satisfactory proof that the vehicle has been repaired to comply with existing law, or upon delivery to the impounding agency of satisfactory proof that the vehicle will be lawfully moved or transported to a place of repair. (c) All towing and storage fees for a vehicle removed under this section shall be paid by the owner. SEC. 5. Section 34506.5 is added to the Vehicle Code, to read: 34506.5. (a) A farm labor vehicle is subject to forfeiture as a nuisance if it is driven on a highway in violation of subdivision (b) of Section 2800, subdivision (a) of Section 24002.5, or subdivision (a) of Section 31402 and has been impounded for a second or subsequent time pursuant to paragraph (3) of subdivision (b) of Section 34506.4. (b) (1) A registered or legal owner of record at the time of impoundment may request a hearing to determine the validity of the impoundment pursuant to paragraph (1) or (2) of subdivision (n) of Section 14607.6. (2) If it is determined that the necessary repairs had been completed and the farm labor vehicle complied with existing laws at the time of impoundment, the agency employing the person who directed the impoundment shall be responsible for the costs incurred for towing and storage. (c) Procedures established in subdivisions (e), (f), (g), (h), (i), (j), (k), (l), (o), (p), (q), (r), (t), (u), and (v) of Section 14607.6 shall be utilized for the forfeiture of an impounded farm labor vehicle. SEC. 6. Section 40000.15 of the Vehicle Code is amended to read: 40000.15. A violation of any of the following provisions shall constitute a misdemeanor, and not an infraction: Sections 23103 and 23104, relating to reckless driving. Section 23109, relating to speed contests or exhibitions. Subdivision (a) of Section 23110, relating to throwing at vehicles. Section 23152, relating to driving under the influence. Subdivision (b) of Section 23222, relating to possession of marijuana. Subdivision (a) or (b) of Section 23224, relating to persons under 21 years of age knowingly driving, or being a passenger in, a motor vehicle carrying any alcoholic beverage. Section 23253, relating to officers on vehicular crossings. Section 23332, relating to trespassing. Section 24002.5, relating to unlawful operation of a farm vehicle. Section 24011.3, relating to vehicle bumper strength notices. Section 27150.1, relating to sale of exhaust systems. Section 27362, relating to child passenger seat restraints. Section 28050, relating to true mileage driven. Section 28050.5, relating to nonfunctional odometers. Section 28051, relating to resetting odometers. Section 28051.5, relating to devices to reset odometers. Subdivision (d) of Section 28150, relating to possessing four or more jamming devices. SEC. 7. 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.