BILL ANALYSIS �
AB 1516
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Date of Hearing: April 23, 2012
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
AB 1516 (Alejo) - As Amended: April 17, 2012
SUBJECT : Farm vehicle exemptions
SUMMARY : Provides an exemption for the operation of certain
farm vehicle combinations. Specifically, this bill:
1)Enables a farmer or rancher to operate a truck-trailer
combination weighing up to 28,500 pounds (up from 26,000
pounds) from the requirement to obtain a Class A license to
operate on public highways.
2)Exempts these larger vehicle combinations from the Motor
Carriers of Property Permit Act (MCPPA).
3)Makes related, clarifying amendments.
EXISTING LAW :
1)Authorizes the California Department of Motor Vehicles (DMV)
to issue various classes of driver's licenses based on the
type of vehicle being operated.
2)Authorizes DMV to issue a Class C license to operate a motor
vehicle or combination of motor vehicles weighing 26,000
pounds or less when it is operated by a farmer, an employee of
a farmer, or a credentialed agricultural instructor as long as
the vehicle is used exclusively in the conduct of agricultural
operation and is not used in a for-hire capacity or for
compensation.
3)Authorizes CHP to regulate the safe operation of commercial
vehicles in accordance with the MCPPA.
FISCAL EFFECT : Unknown.
COMMENTS :
Driver's License Requirements: DMV offers various classes of
driver's licenses including a basic, Class C license as well as
Class A and B licenses. For the most part, licenses are
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graduated to require increasing oversight and testing for
drivers who operate larger and heavier vehicles on California's
roadways. California driver's licenses also conform to federal
requirements to ensure national driving standards and to allow
drivers to operate vehicles across state and national boundaries
(in accordance with the National Free Trade Agreement.
The most basic driver's license is a Class C license. A Class C
license generally allows a driver to operate 2-axle vehicles
with a GVWR of 10,000 pounds or less and to tow a single vehicle
with a GVWR of 10,000 pounds or less or a trailer coach or
5th-wheel travel trailer up to 15,000. There are various
exemptions that allow drivers to use a Class C license to
operate vehicles outside of these parameters. As it relates to
this bill, farmers or employees of farmers may operate any
combination of vehicles with a GVWR of 26,000 pounds or less and
the vehicle or combination of vehicles is used exclusively for
agricultural operations and not in a for-hire capacity.
Motor Carriers of Property Permit Act : The MCPPA authorizes DMV
to issue a motor carrier permit in order to verify that a motor
carrier has met all of the statutory requirements to
commercially operate motor vehicles on California's highways.
Generally, any person or business entity operating a commercial
vehicle with a GVWR of 10,001 pounds or more, either for
business or personal use, is also required to enroll in the
MCPPA. Enrollment in the MCPPA carries with it the requirement
to participate in other safety programs operated by the CHP.
A variety of vehicles, however, are exempt from the MCPPA,
including vehicles operated by household goods carriers, utility
trailers, two-axle daily rental trucks with a GVWR of less than
26,001 pounds, pickup trucks with a GVWR of less than 11,500
pounds (with box-type bed and not exceeding 9 feet in length
when operated in a non-commercial manner), vehicles used only
for personal use that are 10,000 GVWR or less, and vehicles that
are exempt from registration.
Discussion: By introducing this legislation, the author intends
to increase the weight exemption for farm vehicles, so that
farmers, including their employees and agricultural instructors,
can drive heavier vehicle combinations with a Class C license
and have these heavier vehicle combinations exempt from MCPPA
requirements.
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According to the sponsor, increasing the vehicle combination
weight exemption for both licensing and MCPPA requirements is
necessary because CHP is citing farmers who unknowingly exceed
the farm vehicle weight exemption. The sponsor contends that
bringing these vehicles into compliance MCPPA requirements is
very costly, particularly given that exemption weights are being
exceeded because newer pickups are being made heavier, not
because farmers are using inherently new or different equipment.
With respect to licensing, the sponsor notes that while
obtaining a higher class of license does not necessarily result
in substantial out-of-pocket costs, higher classes of driver's
license do require a substantial expenditure of time and effort
to obtain and maintain.
Supporters note that this bill provides much needed clarity.
Specifically, they note that the revision to existing law simply
updates license requirements to reflect the increased weight of
newer pickups and ensures that farmers can continue to operate
substantially similar equipment without having to go through
complicated and expensive commercial permitting and licensing
processes. Supporters view the bill as a narrowly-tailored
exemption that would only apply to a small subset of vehicles
and that public safety concerns raised by opponents are
inherently addressed by the fact that the newer pickup trucks
provide improved braking power over older trucks that more
easily meet the weight exemption.
Opponents have expressed concerns that the bill would deregulate
the safety of a class of commercial vehicles and would subject
the public to increased risk of accidents given that heavier and
longer vehicle are more difficult to control. Opponents also
suggest that such vehicles should only be driven only by
qualified drivers and note that agricultural trucking has one of
the worst safety records in the trucking industry.
Opponents have also suggested that this bill would place
California out of compliance with federal regulations governing
highway safety and could jeopardize millions of dollars in
federal transportation funding. In response to this claim, the
author states the recent amendments were taken to specifically
address these concerns including federal requirements in the
bill and limiting the exemptions to vehicles operated in
California. The author notes that they have requested an
opinion from the United States Department of Transportation
(USDOT) to verify that the bill in no way jeopardizes federal
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funding.
Author's amendment : To address potential safety concerns raised
by opponents, the author has offered to amend the bill to: 1)
delete reference to the 65-foot vehicle combination length
exemption; 2) make the provisions inoperative as of January 1,
2018; and 3) require the CHP to report to the Legislature on or
before January 1, 2017, describing whether or not the exemption
has resulted in increased accidents and whether or not the
exemption should be reauthorized.
Additionally, the author has agreed to drop the bill if the
USDOT determines that the provisions would in any way jeopardize
federal funding for non-compliance with federal safety
regulations.
Previous legislation : AB 2487 (Firestone) Chapter 819, Statutes
of 1996, authorized drivers who hold Class C licenses to perform
farming operations or tow boats using vehicle combinations up to
26,000 pounds.
AB 2188 (Lowenthal) of 2012 would, among other things, make
amend existing law to ensure compliance with the federal
Commercial Motor Vehicle Safety Act of 1986 as it relates to
commercial motor vehicle licensing.
REGISTERED SUPPORT / OPPOSITION :
Support
California Cattlemen's Association (sponsor)
Butte County Office of the Sheriff
California Association of Nurseries and Garden Centers
California Association of Pest Control Advisors
California Cotton Ginners and Growers Association
California Farm Bureau Federation
California Grain and Feed Association
California Horse Council
California Poultry Federation
California Thoroughbred Breeders Association
Charros Federation USA
Morris Grassfed
Nesei Farmers League
Pacific Egg and Poultry Federation
Professional Rodeo Cowboys Association
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Regional Council of Rural Counties
San Luis Obispo Co. Cattlemen's Association
Western Growers Association
Western United Dairyman
Opposition
Teamsters
California Conference Board of the Amalgamated Transit Union
California Conference of Machinists
Analysis Prepared by : Victoria Alvarez / TRANS. / (916) 319-
2093