BILL NUMBER: AB 1014 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 22, 2010
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 amend
Section 12804.9 of, and to add Section 12804.11 to, the Vehicle
Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 1014, as amended, Galgiani. Vehicles: driver's licenses:
farmers. agricultural endorsement.
(1) Existing law requires an applicant for a driver's license to
submit to an examination appropriate to the class of vehicle the
applicant desires to drive. Class B vehicles include, among others, a
vehicle with a gross vehicle weight rating (GVWR) of more than
26,000 pounds. Successful completion of the examination to drive a
class B vehicle qualifies the person to operate all vehicles covered
under class C. Class C vehicles include, among others, a vehicle with
a GVWR of 26,000 pounds or less. A violation of the Vehicle Code
generally is an infraction.
This bill would revise those provisions to permit certain persons
employed by an agricultural business to operate implements of
husbandry and farm vehicles with a GVWR of more than 26,000 pounds
only if the person obtains and maintains a class A, class B, or class
C license and an agricultural endorsement issued by the Department
of Motor Vehicles, after providing to the department proof of current
employment by an agricultural business and evidence of implement of
husbandry or farm vehicle operation training. Because a violation of
the bill's provisions would be a crime, the bill would impose a
state-mandated local program.
(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 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 12804.9 of the
Vehicle Code is amended to read:
12804.9. (a) (1) The examination shall include all of the
following:
(A) A test of the applicant's knowledge and understanding of the
provisions of this code governing the operation of vehicles upon the
highways.
(B) A test of the applicant's ability to read and understand
simple English used in highway traffic and directional signs.
(C) A test of the applicant's understanding of traffic signs and
signals, including the bikeway signs, markers, and traffic control
devices established by the Department of Transportation.
(D) An actual demonstration of the applicant's ability to exercise
ordinary and reasonable control in operating a motor vehicle by
driving it under the supervision of an examining officer. The
applicant shall submit to an examination appropriate to the type of
motor vehicle or combination of vehicles he or she desires a license
to drive, except that the department may waive the driving test part
of the examination 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 driver's 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 paragraph, "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. Health care professionals are
doctors of medicine, doctors of osteopathy, physician assistants, and
registered 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 Department of
Transportation. The report shall be on a form approved by the
department, the federal Department of Transportation, 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) A physical defect of the applicant that, 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) In accordance with the following classifications, an 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) A combination of vehicles, if a vehicle being towed has a
gross vehicle weight rating of more than 10,000 pounds.
(B) A vehicle towing more than one vehicle.
(C) A trailer bus.
(D) The operation of all vehicles under class B and class C.
(2) Class B includes the following:
(A) A Except as provided in subparagraph
(H) of paragraph (3), a single vehicle with a gross vehicle
weight rating of more than 26,000 pounds.
(B) A single vehicle with three or more axles, except any
three-axle vehicle weighing less than 6,000 pounds.
(C) A bus except a trailer bus.
(D) A farm labor vehicle.
(E) A 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) A house car over 40 feet in length, excluding safety devices
and safety bumpers.
(G) The operation of all vehicles covered under class C.
(3) Class C includes the following:
(A) A 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), a two-axle vehicle weighing
4,000 pounds or more unladen when towing a trailer coach not
exceeding 9,000 pounds gross.
(C) A house car of 40 feet in length or less.
(D) A three-axle vehicle weighing 6,000 pounds gross or less.
(E) A house car of 40 feet in length or less or vehicle towing
another vehicle with a gross vehicle weight rating of 10,000 pounds
or less, including when a tow dolly is used. A person driving a
vehicle may shall not tow another
vehicle in violation of Section 21715.
(F) (i) A 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) A 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 may be granted by endorsement on a class C license upon
completion of that written examination.
(G) A vehicle or combination of vehicles with a gross combination
weight rating or a gross vehicle weight rating, as those terms are
defined in subdivisions (j) and (k), 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) An implement of husbandry, as defined in Division 16
(commencing with Section 36000) or a farm vehicle, as described in
Section 36101, with a gross vehicle weight rating of more than 26,000
pounds and operated by a person who is required to have an
agricultural endorsement pursuant to Section 12804.11.
(H)
(I) A motorized scooter.
(I)
(J) Class C does not include a two-wheel motorcycle or
a two-wheel motor-driven cycle.
(4) Class M1. A two-wheel motorcycle or a motor-driven cycle.
Authority to operate a vehicle 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) (A) Class M2 includes the following:
(i) A motorized bicycle or moped, or a bicycle with an attached
motor, except a motorized bicycle described in subdivision (b) of
Section 406.
(ii) A motorized scooter.
(B) 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, except that no endorsement is required
for a motorized scooter. Persons holding a class M1 license or
endorsement may operate vehicles included in class M2 without further
examination.
(c) A driver's license or driver certificate is not valid for
operating a 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 Department of Transportation, 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 is valid only for operating class C vehicles
that are not commercial motor vehicles, as defined in
subdivision (b) of Section 15210, and for operating class M1 or M2
vehicles, if so endorsed, that are not commercial motor
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) is 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), a 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 subdivision, "short-term"
means 48 hours or less.
(i) A person under the age of 21 years may
shall not 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) A driver of a vanpool vehicle may operate with a class C
license 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.
SEC. 2. Section 12804.11 is added to the
Vehicle Code , to read:
12804.11. (a) Except as provided in Section 36300, to operate an
implement of husbandry, as defined in Division 16 (commencing with
Section 36000), or a farm vehicle, as described in Section 36101,
with a gross vehicle weight rating of more than 26,000 pounds, a
driver is required to obtain and maintain an agricultural endorsement
issued by the department and obtain and maintain a class A, class B,
or class C license. To qualify for an agricultural endorsement, the
driver shall provide to the department proof of current employment by
an agricultural business and evidence of implement of husbandry or
farm vehicle operation training by providing a letter, or other
indication, from the agricultural business.
(b) There shall be no additional charge for adding an agricultural
endorsement to an original license or when renewing a license. To
add an agricultural endorsement to an existing license when not
renewing the license, the applicant shall pay the fee for a duplicate
license pursuant to Section 14901.
(c) (1) A driver of an implement of husbandry or a farm vehicle is
subject to subdivision (a) if both of the following conditions
exist:
(A) The implement of husbandry or farm vehicle is operated by a
person employed by an agricultural business that owns the implement
of husbandry or farm vehicle.
(B) The motor vehicle, with a gross vehicle weight rating of more
than 26,000 pounds, is used for an agricultural purpose.
(2) A driver of an implement of husbandry or farm vehicle is not
required to obtain and maintain an agricultural endorsement pursuant
to subdivision (a) if the driver is operating the implement of
husbandry or farm vehicle for training purposes while under the
direct supervision of an agricultural business employee who is
properly licensed to operate the implement of husbandry or farm
vehicle and is authorized by the business to provide the training.
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.
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 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 regulations in acting pursuant to this section as those
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.