BILL ANALYSIS �
AB 1908
Page 1
Date of Hearing: April 21, 2014
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
AB 1908 (Bigelow) - As Amended: April 10, 2014
SUBJECT : Farm vehicles: exemption
SUMMARY : Adds onion hauling trucks to the list of vehicles that
are exempt from Department of Motor Vehicles (DMV) registration
and commercial motor vehicle requirements. Specifically, this
bill :
1)Exempts truck tractors or truck tractor and semitrailer
combinations from DMV registration requirements if the
following conditions are met:
a) The vehicle is owned by a farmer;
b) The vehicle is operated on highways only incidental to a
farming operation and not for compensation;
c) The vehicle is operated by the farmer, employee of the
farmer, or a contracted employee of the farmer;
d) The vehicle is operated between one part of a farm to
another part of that farm or from one farm to another;
e) The vehicle is operated on a highway for a distance not
to exceed 10 miles from the point of origin of the trip;
f) The vehicle has a manufacturer's gross vehicle weight
rating (GVWR) over 10,000 pounds and is equipped with
off-highway traction tires on all wheels;
g) The vehicle is used exclusively to haul onions; and,
h) The vehicle is not operated in excess of 25 miles per
hour (mph) on highways.
2)Authorizes the California Highway Patrol (CHP) to prohibit
these truck tractor or truck tractor and semitrailer
combinations from operating on certain routes.
3)Makes related, conforming changes.
AB 1908
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EXISTING LAW :
1)Generally requires a motor vehicle operated on any street,
road, or highway open to the public to be registered with DMV.
2)Provides that certain farm vehicles are exempt from DMV
vehicle registration requirements.
3)Defines a variety of vehicle configurations as farm vehicles
and allows them to be operated on highways for distances of up
to 20 miles, as specified.
4)Specifies that farm vehicles are subject to all equipment and
device requirements as if they are registered.
FISCAL EFFECT : Unknown
COMMENTS : Current law, with certain exceptions, requires that
motor vehicles operated on highways be registered with the DMV.
Additionally, existing law requires that commercial vehicles
comply with the Motor Carrier of Safety Improvement Act of 1996
which generally requires that commercial motor vehicles pay
specified fees that support highway maintenance and enforcement
programs, undergo periodic safety inspections conducted by the
CHP, and participate in operator drug and alcohol testing
programs.
Farm vehicles are exempt from DMV registration and commercial
vehicle program requirements. Farm vehicles include certain
vehicles owned and operated by a farmer or a farmer's employee
that are designed exclusively for handling farm products. While
farm vehicle use is typically restricted to the farm itself,
farm vehicles are allowed to operate incidentally on highways so
that products and equipment can be transferred from one part of
a farm to another or from one farm to another. Use of farm
vehicles on highways is generally restricted to protect the
safety of the traveling public.
Over the years, a number of vehicle types have been designated
as farm vehicles, with each having varying allowances for use on
highways. For example, existing law allows certain truck
tractors and truck tractor and semitrailer combinations carrying
AB 1908
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melons to travel up to two miles on highways (AB 3585 (Rogers)
Chapter 1077, Statutes of 1984)while trucks carrying livestock
feed (silage) are allowed to travel up to 20 miles on a highway
(SB 1435 (Monteith) Chapter 114, Statutes of 1996).
According to the author, onion farmers in Kings, Fresno, Tulare,
and Madera counties use specialized, custom-built, trucks for
loading and transporting field harvested onions. The author
points out that because onion farming requires frequent crop
rotation, there is often a need for these vehicles to travel
greater distances (up to 10 miles) on highways between farms.
As a result, onion farmers are forced to register these vehicles
and participate in commercial vehicle safety programs. The
author contends that the trucks used by onion farmers in his
district should qualify as farm vehicles because they are used
to transport agricultural products between farms, which,
presumably, are not more than 10 miles apart.
While it is understandable that onion farmers would prefer to be
exempt from motor vehicle registration and commercial motor
vehicle requirements, allowing these large trucks to travel
greater distances on public roads without the requirement that
they participate in critical safety programs increases the
accident risk on roadways and endangers the safety of the
traveling public. Additionally, exempting trucks carrying
specific agricultural products would make enforcement very
difficult for CHP, since they would have to pull over and
inspect each vehicle to verify its exempt status. This would
not only be time consuming for law enforcement, it would likely
frustrate drivers of onion truck as well as drivers of all
similarly configured vehicles. Further, while the author cites
crop rotation as the reason these vehicles need to travel
distances of up to 10 miles on highways, given the size of these
counties, it seems likely that famers may need to drive
distances greater than 10 miles, depending on which farms are
utilized. This ever changing condition could create confusion
on the part of farmers who would need to determine hauling
distances between farms in advance and register their vehicles
accordingly.
The California Teamsters Public Affairs Council, writing in
opposition to this bill, notes that broadening the farm vehicle
exemption to allow these trucks to travel over greater distances
on highways could have significant public safety ramifications.
AB 1908
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They point out that with the exemption, a farmer or a farmer's
employee would be allowed to operate these vehicles over greater
distances on public roads without the training that is needed to
safely maneuver these larger, heavier trucks. They also point
out that the exempt status of these trucks would allow them to
bypass the requirement for periodic safety inspections as well
as operator participation in drug and alcohol testing programs,
all to the detriment of the safety of the traveling public.
Previous legislation : AB 1749 (Pan) of 2012, would have
exempted from motor vehicle registration requirements a motor
vehicle specifically designed for, and used exclusively in, an
agricultural operations for the purpose of carrying walnuts, or
returning empty from carrying walnuts. AB 1749 died in the
Assembly Transportation Committee.
SB 1435 (Monteith), Chapter 114, Statutes of 1996, defined
silage and exempted trucks carrying silage from motor vehicle
registration requirements which included the transport of silage
or return empty from carrying silage, when traveling within a
farm or between farms for a distance of not more than 20 miles
apart and operated by a farmer, an employee of the farmer, or a
contract employee of the farmer.
AB 3585 (Rogers), Chapter 1077, Statutes of 1984, exempted truck
tractors or truck tractor and semitrailer combinations owned by
a farmer and operated on a highway incidental to a farming
operation provided the truck has a GVWR of over 10,000 pounds
and is are equipped with all-wheel drive and off-highway
traction tires on all wheels and used exclusively in the
production or harvesting of melons. That bill specified that
these vehicles shall not be operated laden on the highway for
more than two miles.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
California Teamsters Public Affairs Council
AB 1908
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Analysis Prepared by : Victoria Alvarez / TRANS. / (916) 319-
2093