BILL NUMBER: AB 1292	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Bonnie Lowenthal

                        FEBRUARY 27, 2009

   An act to amend Section 34506.4 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1292, as introduced, Bonnie Lowenthal. Commercial motor
vehicles: unsafe vehicles.
   Existing law authorizes any member of the Department of the
California Highway Patrol to remove from the highway and have placed
in a storage facility specified commercial motor vehicles and any
motortruck with a gross vehicle weight rating of more than 10,000
pounds, which are in an unsafe condition, or impound a farm labor
vehicle operated in violation of specified provisions of law.
   This bill would make technical, nonsubstantive changes to these
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 34506.4 of the Vehicle Code is amended to read:

   34506.4.  (a)  Any   A  member of the
Department of the California Highway Patrol may remove from the
highway and have placed in a storage facility,  any 
 a  vehicle described in subdivision (a) of Section 22406
 ,   or  subdivision (g) of Section 34500
 , and any   or a  motortruck with a gross
vehicle weight rating of more than 10,000 pounds  , 
 if the vehicle or motortruck  which is in an unsafe
condition.
   (b)  Any   A  member of the Department
of the California Highway Patrol may impound  any 
 a  farm labor vehicle operated in violation of subdivision
(b) of Section 2800, subdivision (a) of Section 24002.5, or
subdivision (a) of Section 31402, subject to the following
requirements:
   (1) A farm labor vehicle impounded for a first violation of
subdivision (b) of Section 2800, subdivision (a) of Section 24002.5,
or subdivision (a) of Section 31402 may be released within 24 hours
upon delivery to the impounding authority of satisfactory proof that
the vehicle will be legally moved or transported to a place of
repair.
   (2) A farm labor vehicle shall be impounded for not less than 10
days for a second violation of subdivision (b) of Section 2800,
subdivision (a) of Section 24002.5, or subdivision (a) of Section
31402, or any combination of two of those provisions, if the original
equipment or maintenance violation has not been repaired to comply
with existing law. The farm labor vehicle shall be released after 10
days upon delivery to the impounding authority of satisfactory proof
that the vehicle has been repaired to comply with existing law, or
upon delivery to the impounding agency of satisfactory proof that the
vehicle will be lawfully moved or transported to a place of repair.
   (3) A farm labor vehicle shall be impounded for not less than 30
days for a third or subsequent violation of subdivision (b) of
Section 2800, subdivision (a) of Section 24002.5, or subdivision (a)
of Section 31402, or any combination of three or more of those
provisions, if the original equipment or maintenance violation has
not been repaired to comply with existing law. The farm labor vehicle
shall be released after 30 days upon delivery to the impounding
authority of satisfactory proof that the vehicle has been repaired to
comply with existing law, or upon delivery to the impounding agency
of satisfactory proof that the vehicle will be lawfully moved or
transported to a place of repair.
   (c) All towing and storage fees for a vehicle removed under this
section shall be paid by the owner.