AB 1908, as amended, Bigelow. Vehicles: farm vehicles.
Existing law exempts certain farm vehicles from registration if they have and display an identification plate, including a truck tractor or truck tractor and semitrailer combination, as specified, that is operated on highways only incidental to a farming operation and exclusively in the production or harvesting of melons, as specified. Existing law prohibits these vehicles from being operated in excess of 25 miles per hour on highways and authorizes the Commissioner of the California Highway Patrol tobegin delete prohibitedend deletebegin insert prohibitend insert the vehicles from operating on specific routes, as specified.
This bill would provide a similar exemption for a truck tractor or truck tractor and semitrailer combination, as specified, that is operated on highways only incidental to a farming operation and exclusively in the hauling of onions, as specified. The bill would provide that the vehicle shall only be operated by a farmer, an employee of the farmer, or a contracted employee of the farmer 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 10 miles from the point of origin of the trip.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 36101 of the Vehicle Code is amended
2to read:
The following farm vehicles are exempt from
4registration, if they have and display an identification plate as
5specified in Section 5014, and the vehicles shall not be deemed to
6be implements of husbandry and they shall be subject to all
7equipment and device requirements as if registered:
8(a) A motor vehicle of a size so as to require a permit under
9Section 35780 owned and operated by a farmer, designed and used
10exclusively for carrying, or returning empty from carrying, feed
11and seed products of farming, and used on a highway between one
12part of a farm to another part of that farm or from one farm to
13another farm.
14(b) A vehicle equipped with a water tank owned by a farmer
15and used
exclusively to service his or her own implements of
16husbandry.
17(c) A water tank truck that is owned by a farmer, not operated
18for compensation, and used extensively in the conduct of
19agricultural operations, when used exclusively (1) for sprinkling
20water on dirt roads providing access to agricultural fields or (2)
21transportation of water for irrigation of crops or trees.
22(d) (1) A cotton module mover, as defined in Section 36012.
23(2) In order to maintain the exemption from registration granted
24under this subdivision for a truck tractor, when combined with a
25semitrailer, the owner of that truck tractor shall not operate it during
26the exemption period in any manner other than as a cotton module
27mover, as defined in Section 36012, and shall do all of the
28following:
29(A) Register the vehicle with the department before operating
30it as a commercial motor vehicle.
31(B) Apply to the department on a yearly basis for any renewal
32of the exemption from registration.
P3 1(3) Exemption from registration under this subdivision does not
2exempt a truck tractor, when combined with a semitrailer, operating
3as a cotton module mover pursuant to Section 36012 and this
4subdivision from the applicable safety requirements of this code
5or any regulation adopted pursuant to any statute, including, but
6not limited to, equipment standards, driver licensing requirements,
7maximum driving and on-duty hours provisions, logbook
8requirements, drug and alcohol testing, maintenance of vehicles,
9and any driver or vehicle standards specified in Division 14.8
10(commencing with Section 34500).
11(4) Truck tractors exempt from registration under this
12subdivision are subject to the fees imposed under Sections 9250,
139250.8, and 9250.13, and to any other vehicle fees that are imposed
14by statute on or after January 1, 1998, that are deposited in the
15Motor Vehicle Account.
16(e) A trailer that is equipped with a plenum chamber for the
17drying of agricultural commodities.
18(f) Except as provided in subdivision (j) of Section 36005, a
19trap wagon, as defined in Section 36016, that is equipped with a
20fuel tank or tanks. The fuel tank or tanks shall not exceed 3,000
21gallons total capacity.
22(g) A forklift truck, operated by a farmer not for compensation.
23For purposes of this section, a hay-squeeze shall be deemed a
24forklift.
25(h) (1) A truck tractor or truck tractor and semitrailer
26combination specified in this subdivision that is owned by a farmer
27and operated on the highways only incidental to a farming
28operation and not for compensation. This subdivision applies only
29to truck tractors with a manufacturer’s gross vehicle weight rating
30over 10,000 pounds that are equipped with all-wheel drive and
31off-highway traction tires on all wheels, and only to semitrailers
32used in combination with that truck tractor and exclusively in the
33production or harvesting of melons. The vehicles specified in this
34subdivision shall not be operated in excess of 25 miles per hour
35on the highways.
36(2) The Commissioner of the California Highway Patrol may,
37by regulation, prohibit the vehicles specified in this subdivision
38from operating on specific routes. These vehicles shall not be
39operated laden on the
highway for more than two miles from the
40point of origin and shall not be operated for more than 30 miles
P4 1unladen on the highway from the point of origin. These vehicles
2shall not be operated for more than 15 miles unladen on the
3highway from the point of origin, unless accompanied by an escort
4vehicle to the front, and an escort vehicle to the rear.
5(i) (1) A motor vehicle specifically designed for, and used
6exclusively in, an agricultural operation for purposes of carrying,
7or returning empty from carrying, silagebegin delete or onionsend delete that is operated
8by a farmer, an employee of the farmer, or a contracted employee
9of the farmer between one part of a farm to another part of that
10farm or from one farm to another farm, on a highway for a distance
11not to exceed 20 miles from the point of origin of the trip. This
12subdivision does not include a vehicle
that is used for the
13transportation of silagebegin delete or onionsend delete for retail sales.
14(2) For the purposes of this subdivision, “silage” includes field
15corn, sorghum, grass, legumes, cereals, or cereal mixes, either
16green or mature, converted into feed for livestock.
17(j) A truck tractor or truck tractor and semitrailer combination
18specified in this subdivision that is owned by a farmer and operated
19on the highways only incidental to a farming operation and not for
20compensation. The vehicle shall only be operated by a farmer, an
21employee of the farmer, or a contracted employee of the farmer
22between one part of a farm to another part of that farm, or from
23one farm to another farm, on a highway for a distance not to exceed
2410 miles from the point of origin of the trip. This subdivision
25applies only to truck
tractors with a manufacturer’s gross vehicle
26weight rating over 10,000 pounds that are equipped with
27off-highway traction tires on all wheels, and only to semitrailers
28used in combination with that truck tractor and exclusively in the
29hauling of onions. The vehicles specified in this subdivision shall
30not be operated in excess of 25 miles per hour on the highways.
31The Commissioner of the California Highway Patrol may, by
32regulation, prohibit the vehicles specified in this subdivision from
33operating on specific routes.
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