BILL NUMBER: AB 2313	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 16, 2012
	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Grove

                        FEBRUARY 24, 2012

   An act to amend Section  260 of, and to add Section
4000.39 to,   9400 of  the Vehicle Code, relating
to vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2313, as amended, Grove.  Vehicles: pickup trucks.
  Vehicles: unladen weight fees: commercial vehicles.

   Existing law excludes from the definition of "commercial vehicle,"
among other vehicles, passenger vehicles and house cars that are not
used for the transportation of persons for hire, compensation, or
profit.  Existing law requires the Department of Motor
Vehicles, upon proper application, to issue or renew the registration
of a vehicle.   Existing law defines a pickup truck as
a motor truck with a manufacturer's gross vehicle weight rating
(GVWR) of less than 11,500 pounds, an unladen weight of less than
8,001 pounds, and that is equipped with an open box-type bed not
exceeding 9 feet in length. Existing law imposes an unladen weight
fee on commercial vehicles operating with an unladen weight under
10,000 lbs and weight   fees for pickup trucks are
calculated under these provisions.  
   This bill would additionally exclude from the definition of
"commercial vehicle" pickup trucks that are not used for the
transportation of persons for hire, compensation, or profit. The bill
would require the department to revise the application form for the
issuance or renewal of a vehicle registration to allow a person to
designate whether a pickup truck will or will not be used for
commercial purposes. The bill would impose an administrative penalty
in an amount not to exceed $5,000 on a person who falsely designates
that his or her pickup truck will not be used for commercial
purposes.  
   This bill would reduce by 20% each year the unladen weight fee
imposed pursuant to these provisions on pickup trucks that are not
being used for the transportation of persons for hire, compensation,
or profit. The bill would exempt these pickup trucks after 5 years
from payment of this fee. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

   SECTION 1.    Section 9400 of the   Vehicle
Code   is amended to read: 
   9400.  Except as provided in Section 9400.1, and in addition to
any other registration fee, there shall be paid the fees set forth in
this section for the registration of any commercial motor vehicle
that operates with unladen weight. Weight fees for pickup trucks are
calculated under this section. Whenever a camper is temporarily
attached to a motor vehicle designed to transport property, the motor
vehicle shall be subject to the fees imposed by this section. The
camper shall be deemed to be a load, and fees imposed by this section
upon the motor vehicle shall be based upon the unladen weight of the
motor vehicle, exclusive of the camper.
   (a) For any electric vehicle designed, used, or maintained as
described in this section, fees shall be paid according to the
following schedule:
Unladen Weight                             Fee
  Less than 6,000 lbs.  ..................  $ 87
  6,000 lbs. or more but less than 10,000    266
lbs.  ...................................
10,000 lbs. or more  ....................   358


   (b) For any motor vehicle having not more than two axles and
designed, used, or maintained as described in this section, other
than an electric vehicle, fees shall be paid according to the
following schedule:
Unladen Weight                             Fee
  Less than 3,000 lbs.  ..................  $  8
  3,000 lbs. to and including  4,000 lbs.     24
.........................................
  4,001 lbs. to and including  5,000 lbs.     80
.........................................
  5,001 lbs. to and including  6,000 lbs.    154
.........................................
  6,001 lbs. to and including  7,000 lbs.    204
.........................................
  7,001 lbs. to and including  8,000 lbs.    257
.........................................
  8,001 lbs. to and including  9,000 lbs.    308
.........................................
  9,001 lbs. to and including 10,000 lbs.    360
.........................................


   (c) For any motor vehicle having three or more axles designed,
used, or maintained as described in this section, other than an
electric vehicle, fees shall be paid according to the following
schedule:
Unladen Weight                             Fee
  2,000 lbs. to and including  3,000 lbs.   $ 43
.........................................
  3,001 lbs. to and including  4,000 lbs.     77
.........................................
  4,001 lbs. to and including  5,000 lbs.    154
.........................................
  5,001 lbs. to and including  6,000 lbs.    231
.........................................
  6,001 lbs. to and including  7,000 lbs.    308
.........................................
  7,001 lbs. to and including  8,000 lbs.    385
.........................................
  8,001 lbs. to and including  9,000 lbs.    462
.........................................
  9,001 lbs. to and including 10,000 lbs.    539
.........................................


   (d) This section is not applicable to any vehicle that is operated
or moved over the highway exclusively for the purpose of historical
exhibition or other similar noncommercial purpose.
   (e) The fee changes effected by this section apply to (1) initial
or original registration on or after January 1, 1995, and prior to
December 31, 2001, of any commercial vehicle never before registered
in this state and (2) to renewal of registration of any commercial
vehicle whose registration expires on or after January 1, 1995, and
prior to December 31, 2001.
   (f) Commercial vehicles, other than those specified in Section
9400.1, with an initial registration or renewal of registration that
is due on or after December 31, 2001, are subject to the payment of
fees specified in this section. 
   (g) Beginning January 1, 2013, pickup trucks that are not used or
maintained for the transportation of persons for hire, compensation,
or profit shall receive a 20 percent reduction in the unladen weight
fee calculated under this section for that year and for each year
thereafter. Beginning January 1, 2018, pickup trucks that are not
used or maintained for the transportation of persons for hire,
compensation, or profit shall be exempt from the fees imposed by this
section.  
  SECTION 1.    Section 260 of the Vehicle Code is
amended to read:
   260.  (a) A "commercial vehicle" is a motor vehicle of a type
required to be registered under this code used or maintained for the
transportation of persons for hire, compensation, or profit or
designed, used, or maintained primarily for the transportation of
property.
   (b) Passenger vehicles, house cars, and pickup trucks that are not
used for the transportation of persons for hire, compensation, or
profit are not commercial vehicles. This subdivision shall not apply
to Chapter 4 (commencing with Section 6700) of Division 3.
   (c) A vanpool vehicle is not a commercial vehicle.
   (d) The definition of a commercial vehicle in this section does
not apply to Chapter 7 (commencing with Section 15200) of Division 6.
 
  SEC. 2.    Section 4000.39 is added to the Vehicle
Code, to read:
   4000.39.  (a) The department shall revise an application form for
the registration of, or the renewal of the registration of, a vehicle
to allow a person to designate whether a pickup truck, if
applicable, will or will not be used for commercial purposes.
   (b) A person who falsely designates that his or her pickup truck
will not be used for commercial purposes is liable for an
administrative penalty in an amount not to exceed five thousand
dollars ($5,000).