BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1014
                                                                  Page  1

          Date of Hearing:   April 27, 2009

                        ASSEMBLY COMMITTEE ON TRANSPORTATION
                                   Mike Eng, Chair
                    AB 1014 (Galgiani) - As Amended:  May 5, 2009
           
          SUBJECT  :  Driver's licenses: silage vehicles

           SUMMARY  :   Allows a restricted Class A or restricted Class B  
          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 or restricted Class B 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 implement these provisions in conformance with  
            the regulations in Part 383(commencing with Section 383.1) of  
            Title 49 of the Code of Federal Regulations.

          3)Requires a licensed California driver applying for a  
            restricted license issued under these provisions, 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.  

          2)Subjects these vehicles to all equipment and device  








                                                                  AB 1014
                                                                  Page  2

            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)Requires a Class B driver's license for the operation of  
            several smaller types of vehicles such as a single vehicle  
            with a gross vehicle weight rating of more than 26,000 pounds,  
            a single vehicle with three or more axles (except any  
            three-axle vehicle weighing less than 6,000 pounds), a bus  
            (except a trailer bus), or a farm labor vehicle.


          6)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.  

          7)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  








                                                                  AB 1014
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          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  
          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 or B licensees rather than those fully  
          licensed as Class A or B 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.  

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          None received

           Opposition 
           
          None received
           

          Analysis Prepared by  :   Howard Posner / TRANS. / (916) 319-2093