BILL NUMBER: AB 1014 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 5, 2009
AMENDED IN ASSEMBLY APRIL 2, 2009
INTRODUCED BY Assembly Member Galgiani
FEBRUARY 27, 2009
An act to add Section 12804.13 to the Vehicle Code, relating to
vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 1014, as amended, Galgiani. Vehicles: driver's licenses:
farmers.
(1) Existing law authorizes the Department of Motor Vehicles to
issue a restricted class A driver's license for the operation of a
2-axle vehicle weighing 4,000 pounds or more unladen when towing a
livestock trailer exceeding 10,000 pounds, but not exceeding 15,000
pounds gross vehicle weight rating or gross vehicle weight, if
specified conditions are met, including that the vehicle is operated
by a farmer and is used to transport livestock. A violation of the
Vehicle Code generally is an infraction.
This bill would authorize the department to issue a class A
or B restricted driver's license for the operation of a vehicle
in the production, harvesting, or transportation of silage by a
farmer, employee of a farmer, or contracted employee of a farmer,
between one part of a farm and 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, in specified counties.
The bill would require the department to follow specified
guidelines of the Federal Highway Administration
federal regulations in issuing those driver's licenses. The
bill would require a licensed California driver applying for one of
those driver's licenses, upon application and every 2 years
thereafter, to submit medical information on a form approved by the
department. Because a violation of the bill's provisions would be an
infraction, the bill would impose a state-mandated local program.
(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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12804.13 is added to the Vehicle Code, to read:
12804.13. (a) The department may issue a restricted class A
or class B driver's license for the operation of a vehicle in
the production, harvesting, or transportation of silage, as described
in subdivision (i) of Section 36101, in any of the following
counties:
(1) Butte.
(2) Del Norte.
(3) Fresno.
(4) Glenn.
(5) Humboldt.
(6) Imperial.
(7) Kern.
(8) Kings.
(9) Los Angeles.
(10) Madera.
(11) Marin.
(12) Mendocino.
(13) Merced.
(14) Monterey.
(15) Placer.
(16) Riverside.
(17) Sacramento.
(18) San Bernardino.
(19) San Benito.
(20) San Diego.
(21) San Joaquin.
(22) San Luis Obispo.
(23) Santa Barbara.
(24) Santa Clara.
(25) Santa Cruz.
(26) Shasta.
(27) Siskiyou.
(28) Solano.
(29) Sonoma.
(30) Stanislaus.
(31) Sutter.
(32) Tehama.
(33) Tulare.
(34) Yolo.
(35) Yuba.
(b) The requirements of subdivision (a) incorporate the guidelines
published by the Federal Highway Administration in the Federal
Register on September 26, 1988 (53 FR 37313). The
(b) The department shall implement
subdivision (a) in conformance with the regulations in Part 383
(commencing with Section 383.1) of Title 49 of the Code of Federal
Regulations. The department shall follow those
guidelines regulations in acting pursuant to
this section as those guidelines regulations
now exist and as they are hereafter amended.
(c) In lieu of a report of a medical examination required by
Section 12804.9, a licensed California driver applying for a
restricted license issued pursuant to subdivision (a) shall, upon
application and every two years thereafter, submit medical
information on a form approved by the department.
SEC. 2. The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique circumstances applicable to vehicles operated
as described in subdivision (a) of Section 12804.13 of the Vehicle
Code in the counties listed in subdivision (a) of Section 12804.13 of
the Vehicle Code.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B 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 XIII B of the California
Constitution.