BILL ANALYSIS
AB 1014
Page 1
ASSEMBLY THIRD READING
AB 1014 (Galgiani)
As Amended May 5, 2009
Majority vote
TRANSPORTATION 12-0 APPROPRIATIONS 15-0
-------------------------------------------------------------------
|Ayes:|Eng, Jeffries, |Ayes:|De Leon, Nielsen, Ammiano, |
| |Blumenfield, Conway, | |Charles Calderon, Davis, |
| |Furutani, Galgiani, | |Duvall, Fuentes, Hall, |
| |Garrick, | |Harkey, John A. Perez, |
| |Bonnie Lowenthal, Miller, | |Price, Skinner, Solorio, |
| |Niello, John A. Perez, | |Audra Strickland, Torlakson |
| |Solorio | | |
| | | | |
|-----+--------------------------+-----+----------------------------|
| | | | |
-------------------------------------------------------------------
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.
AB 1014
Page 2
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
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 : According to the Assembly Appropriations
Committee analysis, no net costs to DMV as they estimate that
first-year costs of $465,000 and declining amounts thereafter
AB 1014
Page 3
needed to devise and conduct new written and road tests would be
covered by fees currently authorized for class A and class B
restricted licenses ($64 and $32 for renewals).
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 is 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, the 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.
Analysis Prepared by : Howard Posner / TRANS. / (916) 319-2093
FN: 0000928