BILL ANALYSIS �
AB 1516
Page 1
Date of Hearing: May 9, 2012
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 1516 (Alejo) - As Amended: April 25, 2012
Policy Committee:
TransportationVote:9-0
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
As proposed to be amended, this bill increases the weight of
vehicles and the combination of vehicles that can be operated by
a farmer who possesses only a Class C diver license.
Specifically, this bill:
1)Exempts a farmer from the requirement to have a Class A driver
license to drive a combination of vehicles with a gross
combined weight between 26,001 pounds and 28,501 pounds
provided:
a) The gross vehicle weight of the towing vehicle is no
more than 14,000 pounds.
b) It is used exclusively in the conduct of agricultural
operations.
c) It is operated within 150 miles of the farmer's farm.
d) It is not used as a for-hire carrier or for
compensation.
e) The vehicles are registered in the state and operate
solely in the state.
2)Defines a pickup, for purposes of commercial motor vehicle
permitting exemption, as a motortruck with a gross vehicle
rating of 14,000 pounds or less-an increase of 2,500 pounds
over the current legal limit.
3)Exempts from the requirement that an operator of a vehicle
possess a motor carrier permit, a vehicle with specified
characteristics. Among those vehicle characteristics: the
vehicle is a pickup or flatbed truck that does not exceed nine
feet in length; is operated by a farmer or farm employee
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exclusively for agricultural operations; and is not operated
for hire.
4)Exempts from the requirement that an operator of a combination
of vehicles possess a motor carrier permit a combination of
vehicles that weighs less than 28,500 pounds used by a farmer
or farm employee exclusively for agricultural purposes within
150 miles of the farmer's farm, among other characteristics.
5)Requires CHP to report to the Legislature by January 1, 2017,
on safety data related to the exemptions provided by this bill
and to recommend whether they should be continued.
6)Sunsets the bill's provisions as of January 1, 2021.
FISCAL EFFECT
Negligible direct state costs.
COMMENTS
1)Rationale. The author intends this bill to allow farmers and
farm employees to operate heavier vehicles for agricultural
purposes without needing to obtain a commercial driver license
or a commercial carrier permit.
2)Background. DMV offers various classes of driver licenses
including a basic, Class C license as well as Class A and B
licenses for those qualified to drive heavier and/or larger
vehicles. There are various exemptions that allow a driver to
use a Class C license to operate larger, heavier vehicles.
For example, farmers or employees of farmers may operate any
combination of vehicles with a gross vehicle weight of 26,000
pounds or less if the vehicle or combination of vehicles is
used exclusively for agricultural operations and is not for
hire.
In addition, DMV regulates commercial motor vehicles through
the issuance of motor carrier permits. The permit is evidence
of registration with the DMV and verifies the motor carrier
has met all of the statutory requirements to commercially
operate motor vehicles on California's highways. Permitting
requires participating in specialized driver safety.
A variety of vehicles are exempt from motor carrier permitting
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requirements, including vehicles operated by household goods
carriers, utility trailers, two-axle daily rental trucks with
a gross vehicle weight of less than 26,001 pounds, pickup
trucks with a gross vehicle weight 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 have a gross vehicle weight of 10,000 pounds
or less, and vehicles that are exempt from registration.
Some farmers note that pickups have gotten heavier in recent
years. As a result, a farmer may replace an older pickup,
which weighs less than 11,500 pounds and, therefore, is not
subject to specialized driver license requirements, with a
new, comparable pickup that, due manufacturer decisions,
weighs more than 11,500 pounds and, therefore, subjects the
farmer to specialized driver license requirements. The
heavier pickup similarly increases the combined vehicle weight
when the farmer uses the pickup to tow a trailer, which may
subject the driver of the now-heavier vehicle combination to
specialized driver license requirements. These farmers note
that one reason for the increase in vehicle weight is the
manufacturers' inclusion of additional safety features, such
as advanced braking systems, which increase the vehicle's bulk
while making it safer to operate.
3)Minor Amendments Needed. The author has agreed to two minor
amendments. The first corrects a drafting error, so that
Section 12804.9(b)(2)(G) of the Vehicle Code reads:
A combination of vehicles with a combined gross vehicle
weight rating, as defined in subdivisions (j) and (k) of
Section 15210, of 26,000 pounds or less, if all the
following conditions are met:
(i) It is operated by a farmer, an employee of a
farmer, or an instructor credentialed in agriculture
as part of an instructional program in agriculture
at the high school, community college, or university
level.
(ii) It is used exclusively in the conduct of
agricultural operations.
(iii) It is not used in the capacity of a for-hire
carrier or for compensation.
The second specifies that a vehicle subject to the exemptions
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in this bill must be driven within 150 miles of the farmer's
farm, and not within 150 miles of any farmer's farm, as the
bill currently reads.
4)Support. This bill is supported by numerous agricultural
interests, who contend the bill will update licensing
requirements to reflect the increased weight of pickups sold
today, thereby allowing farmers and their employees to avoid
costly and time consuming driver and vehicle licensing
requirements.
5)Opposition. Opponents, including the Teamsters, argue the
bill will allow untrained drivers to operate very heavy
vehicles that require specialized training to operate safely.
Analysis Prepared by : Jay Dickenson / APPR. / (916) 319-2081