BILL ANALYSIS
AB 1014
Page 1
Date of Hearing: April 27, 2009
ASSEMBLY COMMITTEE ON TRANSPORTATION
Mike Eng, Chair
AB 1014 (Galgiani) - As Amended: April 2, 2009
SUBJECT : Driver's licenses: silage vehicles
SUMMARY : Allows a restricted Class A driver's license to be
issued for the operation of any vehicle in the production,
harvesting, or transportation of silage in specified counties.
Specifically, this bill :
1)Allows the Department of Motor Vehicles (DMV) to issue a
restricted class A driver's license for the operation of any
vehicle in the production, harvesting, or transportation of
silage in Butte, Del Norte, Fresno, Glenn, Humboldt, Imperial,
Kern, Kings, Los Angeles, Madera, Marin, Mendocino, Merced,
Monterey, Placer, Riverside, Sacramento, San Bernardino, San
Benito, San Diego, San Joaquin, San Luis Obispo, Santa
Barbara, Santa Clara, Santa Cruz, Shasta, Siskiyou, Solano,
Sonoma, Stanislaus, Sutter, Tehama, Tulare, Yolo, and Yuba
Counties.
2)Requires DMV to follow the guidelines published by the Federal
Highway Administration in the Federal Register on September
26, 1988 (53 FR 37313) in implementing this provision as those
guidelines now exist and as they may subsequently be amended.
3)Requires a licensed California driver applying for a
restricted license issued under this provision, upon
application and every two years thereafter, to submit medical
information on a form approved by DMV in lieu of a report of a
medical examination.
4)Makes findings justifying this bill's status as a special law,
rather than one of general application.
EXISTING LAW :
1)Exempts silage vehicles from registration requirements if they
are used on a farm, or between farms, or on a highway for a
distance of not more than 20 miles from the point of origin of
the trip.
AB 1014
Page 2
2)Subjects these vehicles to all equipment and device
requirements as if they were registered.
3)Defines silage as including field corn, sorghum, grass,
legumes, cereals, or cereal mixes, either green or mature,
converted into feed for livestock.
4)Requires a Class A driver's license for the operation of a
combination of vehicles, a vehicle towing more than one
vehicle, or a trailer bus.
5)Allows DMV to issue a restricted class A driver's license for
the operation of any two-axle vehicle weighing 4,000 pounds or
more unladen when towing a trailer coach exceeding 10,000
pounds gross vehicle weight rating, or a fifth-wheel travel
trailer exceeding 15,000 pounds gross vehicle weight rating,
when the towing of the trailer is not for compensation.
6)Requires an applicant for a restricted license, in lieu of a
report of a medical examination, to submit medical information
on a form approved by DMV upon application and every two years
thereafter.
FISCAL EFFECT : Unknown
COMMENTS : The author reports that silage is fermented,
high-moisture fodder that can be fed to animals like cattle and
sheep. It is fermented and stored in a process called ensilage
or silaging, and usually made from crops, including corn, grass,
sorghum, or other cereals, using the entire green plant, not
just the grain. Silage can be made from many field crops and is
made either by placing cut green vegetation in a silo, or by
piling it in a large heap covered with plastic sheet, or by
wrapping large bales in plastic film.
Due to the increased vehicle weight of the newly produced silage
vehicles, drivers of silage trucks are required to have a
commercial driver's license (Class A or B). The author believes
that this is creating enormous challenges for the silage
industry. "The majority of the silage business is conducted
during the spring and summer months. Due to the fact that work
is only needed on a temporary basis, it is nearly impossible to
hire commercial truck drivers thus forcing business owners to
break the law or not conduct business." AB 1014, its author
AB 1014
Page 3
contends, "will provide a narrow and common sense solution to
the current problems plaguing the silage industry."
One could argue that the silage industry and their equipment
suppliers were, or should have been, aware of licensing
requirements as the newer equipment was being designed.
Nevertheless, the situation the author describes does now exist.
The question thus posed by the bill is whether there is a
safety concern in allowing silage vehicles to be operated by
restricted Class A licensees rather than those fully licensed as
Class A drivers. An applicant for a restricted license meant
for driving silage vehicles will be required to demonstrate
proficiency in that activity, so that no undue danger to public
safety should result.
Technical amendment required : On page 3, line 24, the bill
incorrectly references the relevant federal regulation as 53 FR
37313. It should, instead, read: Part 383 of Title 49 of the
Code of Federal Regulations. Also, since Class A licenses are
required for vehicle combinations, which silage vehicles are
not, a Class B or restricted Class B license would probably be
more appropriate to address this situation.
REGISTERED SUPPORT / OPPOSITION :
Support
None received
Opposition
None received
Analysis Prepared by : Howard Posner / TRANS. / (916) 319-2093