California Legislature—2013–14 Regular Session

Assembly BillNo. 1908


Introduced by Assembly Member Bigelow

February 19, 2014


An act to amend Section 36101 of the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

AB 1908, as introduced, Bigelow. Vehicles: farm vehicles.

Existing law exempts certain farm vehicles from registration if they have and display an identification plate, including a motor vehicle used in an agricultural operation for purposes of carrying, or returning empty from carrying, silage between one part of a farm to another part of that farm or from one farm to another farm, on a highway for a distance not to exceed 20 miles, as specified.

This bill would additionally exempt from registration a motor vehicle used in an agricultural operation for purposes of carrying, or returning empty from carrying, onions between one part of a farm to another part of that farm or from one farm to another farm, on a highway for a distance not to exceed 20 miles, as specified.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 36101 of the Vehicle Code is amended
2to read:

3

36101.  

The following farm vehicles are exempt from
4registration, if they have and display an identification plate as
P2    1specified in Section 5014, and the vehicles shall not be deemed to
2be implements of husbandry and they shall be subject to all
3equipment and device requirements as if registered:

4(a) A motor vehicle of a size so as to require a permit under
5Section 35780 owned and operated by a farmer, designed and used
6exclusively for carrying, or returning empty from carrying, feed
7and seed products of farming, and used on a highway between one
8part of a farm to another part of that farm or from one farm to
9another farm.

10(b) A vehicle equipped with a water tank owned by a farmer
11and used exclusively to service his or her own implements of
12husbandry.

13(c) A water tank truck that is owned by a farmer, not operated
14for compensation, and used extensively in the conduct of
15agricultural operations, when used exclusively (1) for sprinkling
16water on dirt roads providing access to agricultural fields or (2)
17transportation of water for irrigation of crops or trees.

18(d) (1) A cotton module mover, as defined in Section 36012.

19(2) In order to maintain the exemption from registration granted
20under this subdivision for a truck tractor, when combined with a
21semitrailer, the owner of that truck tractor shall not operate it during
22the exemption period in any manner other than as a cotton module
23mover, as defined in Section 36012, and shall do all of the
24following:

25(A) Register the vehicle with the department before operating
26it as a commercial motor vehicle.

27(B) Apply to the department on a yearly basis for any renewal
28of the exemption from registration.

29(3) Exemption from registration under this subdivision does not
30exempt a truck tractor, when combined with a semitrailer, operating
31as a cotton module mover pursuant to Section 36012 and this
32subdivision from the applicable safety requirements of this code
33or any regulation adopted pursuant to any statute, including, but
34not limited to, equipment standards, driver licensing requirements,
35maximum driving and on-duty hours provisions, log book
36requirements, drug and alcohol testing, maintenance of vehicles,
37and any driver or vehicle standards specified in Division 14.8
38(commencing with Section 34500).

39(4) Truck tractors exempt from registration under this
40subdivision are subject to the fees imposed under Sections 9250,
P3    19250.8, and 9250.13, and to any other vehicle fees that are imposed
2by statute on or after January 1, 1998, that are deposited in the
3Motor Vehicle Account.

4(e) A trailer that is equipped with a plenum chamber for the
5drying of agricultural commodities.

6(f) Except as provided in subdivision (j) of Section 36005, a
7trap wagon, as defined in Section 36016, that is equipped with a
8fuel tank or tanks. The fuel tank or tanks shall not exceed 3,000
9gallons total capacity.

10(g) A forklift truck, operated by a farmer not for compensation.
11For purposes of this section, a hay-squeeze shall be deemed a
12forklift.

13(h) A truck tractor or truck tractor and semitrailer combination
14specified in this subdivision that is owned by a farmer and operated
15on the highways only incidental to a farming operation and not for
16compensation. This subdivision applies only to truck tractors with
17a manufacturer’s gross vehicle weight rating over 10,000 pounds
18that are equipped with all-wheel drive and off-highway traction
19tires on all wheels, and only to semitrailers used in combination
20with that truck tractor and exclusively in the production or
21harvesting of melons. The vehicles specified in this subdivision
22shall not be operated in excess of 25 miles per hour on the
23highways.

24The Commissioner of the California Highway Patrol may, by
25regulation, prohibit the vehicles specified in this subdivision from
26operating on specific routes. These vehicles shall not be operated
27laden on the highway for more than two miles from the point of
28 origin and shall not be operated for more than 30 miles unladen
29on the highway from the point of origin. These vehicles shall not
30be operated for more than 15 miles unladen on the highway from
31the point of origin, unless accompanied by an escort vehicle to the
32front, and an escort vehicle to the rear.

33(i) A motor vehicle specifically designed for, and used
34exclusively in, an agricultural operation for purposes of carrying,
35or returning empty from carrying, silagebegin insert or onionsend insert that is operated
36by a farmer, an employee of the farmer, or a contracted employee
37of the farmer between one part of a farm to another part of that
38farm or from one farm to another farm, on a highway for a distance
39not to exceed 20 miles from the point of origin of the trip. This
P4    1subdivision does not include a vehicle that is used for the
2transportation of silagebegin insert or onionsend insert for retail sales.

3For the purposes of this subdivision, “silage” includes field corn,
4sorghum, grass, legumes, cereals, or cereal mixes, either green or
5mature, converted into feed for livestock.



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