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 25, 2012
SUBJECT : Farm vehicle exemptions
SUMMARY : Provides an exemption for the operation of certain
farm vehicle combinations until January 1, 2018. Specifically,
this bill:
1)Authorizes a farmer or rancher to operate truck-trailer
combinations weighing up to 28,500 pounds (up from 26,000
pounds) with a Class C license on public highways until
January 1, 2018.
2)Exempts these heavier vehicle combinations from the Motor
Carriers of Property Permit Act (MCPPA) until January 1, 2018.
3)Requires the California Highway Patrol (CHP) to evaluate the
authorization and exemption provided in this bill and
recommend whether or not they should be continued in a report
submitted to the Legislature on or before January 1, 2017.
4)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.
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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
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 gross vehicle weight rating (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
pounds. 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 if 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.
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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.
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 simply 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 driver's license does not
necessarily result in substantial out-of-pocket costs, obtaining
and maintaining a higher class of driver's license requires
substantial expenditure of time and effort.
Supporters note that this bill provides much needed clarity.
Specifically, they note that this bill 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
applies 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
vehicles 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 also suggest that this bill would place California out
of compliance with federal regulations governing highway safety
which could jeopardize millions of dollars in federal
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transportation funding. In response to this claim, the author
states that recent amendments were taken to specifically address
these concerns. The author also notes that an opinion has been
requested from the United States Department of Transportation
(USDOT) to verify that the exemptions will not jeopardize
federal funding. Further, the author has committed to drop the
bill if the USDOT determines that the provisions would in any
way jeopardize federal funding.
To address potential safety concerns raised by opponents, the
author amended the bill to:
1) Delete reference to the 65-foot vehicle combination length
exemption;
2) Add a provision to make the bill 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 bill has
resulted in increased accidents and whether or not the
exemption should be reauthorized.
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. That bill passed out of the
Assembly Committee on Transportation on consent with a 14-0 vote
and is currently in the Assembly Appropriations Committee
awaiting hearing.
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
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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
Regional Council of Rural Counties
San Luis Obispo Co. Cattlemen's Association
Shasta County Office of the Sheriff
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