BILL NUMBER: SB 1229 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Denham
FEBRUARY 19, 2010
An act to amend Section 4000 of, and to add Sections 36018 and
38025.1 to, the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 1229, as introduced, Denham. Off-highway motor vehicles:
agricultural use: highways. .
(1) Existing law prohibits a person from operating an off-highway
motor vehicle upon a highway, except to cross a 2-lane highway at an
angle of approximately 90 degrees to the direction of the roadway
under specified conditions.
This bill would allow a farmer, a rancher, or an employee of a
farmer or rancher to operate an off-highway motor vehicle used
exclusively in the conduct of agricultural operations that is in
compliance with statutory identification and equipment requirements,
and specified restrictions, to be operated upon a highway that is not
a freeway and consists of not more than 2 lanes. The bill would
prohibit a farmer, a rancher, or an employee of a farmer or rancher
from operating an off-highway motor vehicle on a highway if a portion
of that highway is in a construction or maintenance area that is
clearly posted.
The bill also would define "off-highway motor vehicle used
exclusively in the conduct of agricultural operations" and
"all-terrain vehicle used exclusively in the conduct of agricultural
operations."
(2) Under existing law, a violation of the Vehicle Code is an
infraction, unless otherwise specified.
This bill would impose a state-mandated local program by creating
a new infraction.
(3) 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 4000 of the Vehicle Code is amended to read:
4000. (a) (1) No A person shall
not drive, move, or leave standing upon a highway, or in
an offstreet public parking facility, any motor vehicle, trailer,
semitrailer, pole or pipe dolly, or logging dolly, unless it is
registered and the appropriate fees have been paid under this code or
registered under the permanent trailer identification program,
except that an off-highway motor vehicle which
that displays an identification plate or device issued by
the department pursuant to Section 38010 may be driven, moved, or
left standing in an offstreet public parking facility or may be
operated by a farmer, a rancher, or an employee of a
farmer or rancher in the manner authorized in Section
38025.1 without being registered or paying registration fees.
(2) For purposes of this subdivision, "offstreet public parking
facility" means either of the following:
(A) Any A publicly owned parking
facility.
(B) Any A privately owned parking
facility for which no a fee for the
privilege to park is not charged and which is held open
for the common public use of retail customers.
(3) This subdivision does not apply to any
a motor vehicle stored in a privately owned offstreet parking
facility by, or with the express permission of, the owner of the
privately owned offstreet parking facility.
(b) No A person shall not
drive, move, or leave standing upon a highway any
a motor vehicle, as defined in Chapter 2 (commencing with
Section 39010) of Part 1 of Division 26 of the Health and Safety
Code , which that has been registered
in violation of Part 5 (commencing with Section 43000) of that
Division 26.
(c) Subdivisions (a) and (b) do not apply to off-highway
motor vehicles an off-highway motor vehicle
operated pursuant to Sections 38025 and 38026.5.
(d) This section does not apply, following payment of fees due for
registration, during the time that registration and transfer is
being withheld by the department pending the investigation of any use
tax due under the Revenue and Taxation Code.
(e) Subdivision (a) does not apply to a vehicle that is towed by a
tow truck on the order of a sheriff, marshal, or other official
acting pursuant to a court order or on the order of a peace officer
acting pursuant to this code.
(f) Subdivision (a) applies to a vehicle that is towed from a
highway or offstreet parking facility under the direction of a
highway service organization when that organization is providing
emergency roadside assistance to that vehicle. However, the operator
of a tow truck providing that assistance to that vehicle is not
responsible for the violation of subdivision (a) with respect to that
vehicle. The owner of an unregistered vehicle that is disabled and
located on private property , shall obtain a
permit from the department pursuant to Section 4003 prior to having
the vehicle towed on the highway.
(g) For purposes of this section, possession of a California
driver's license by the registered owner of a vehicle shall give rise
to a rebuttable presumption that the owner is a resident of
California.
SEC. 2. Section 36018 is added to the Vehicle Code, to read:
36018. "Off-highway motor vehicle used exclusively in the conduct
of agricultural operations" or "all-terrain vehicle used exclusively
in the conduct of agricultural operations" means a motor vehicle
subject to subdivision (a) of Section 38010 that meets all of the
following conditions:
(a) The vehicle is designed for operation off of highways and is
used exclusively in the conduct of an agricultural operation.
(b) The vehicle carries not more than one passenger.
(c) The vehicle is less than or equal to 50 inches wide.
(d) The vehicle's unladen weight is less than or equal to 900
pounds.
(e) The vehicle is designed to travel on three or more
low-pressure, rubber tires.
(f) The vehicle has a seat or saddle designed to be straddled by
the operator or a single seat designed to be straddled by the
operator and a seat for not more than one passenger.
(g) The vehicle has handlebars for steering control.
SEC. 3. Section 38025.1 is added to the Vehicle Code, to read:
38025.1. (a) A farmer, a rancher, or an employee of a farmer or
rancher may operate upon a highway, other than a freeway, an
off-highway motor vehicle used exclusively in the conduct of
agricultural operations, as defined in Section 36018, and that is in
compliance with the identification requirements of this chapter and
the equipment requirements of Chapter 6 (commencing with Section
38325), if the highway consists of not more than two lanes and the
vehicle is operated in accordance with the following restrictions:
(1) If the vehicle is crossing the highway, the following apply:
(A) The vehicle may only cross the highway from and to adjacent
and lawfully accessible property.
(B) The highway is clearly visible to the operator and free of
oncoming traffic for at least one-half mile in each direction.
(C) The operator crosses the highway at a 90 degree angle.
(D) An operator may temporarily stop on a median, if present, and
if the median is at least 10 feet wide, in order to ensure the safe
crossing of the vehicle.
(2) An off-highway motor vehicle may travel along a shoulder of a
highway that is at least 10 feet wide for a distance of not more than
100 yards and only if that travel is necessary to lawfully access
adjacent property.
(b) A farmer, a rancher, or an employee of a farmer or rancher
shall not operate an off-highway motor vehicle upon a portion of a
highway under subdivision (a) if that portion of the highway is in a
highway construction or maintenance area that is clearly posted.
SEC. 4. 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.