California Legislature—2013–14 Regular Session

Assembly Bill No. 2438

Introduced by Assembly Member Lowenthal

February 21, 2014

An act to amend Section 34501 of the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

AB 2438, as introduced, Lowenthal. Commercial motor vehicles: safe operation.

Existing law requires the Department of the California Highway Patrol to adopt reasonable rules and regulations that, in the judgment of the department, are designed to promote the safe operation of specified commercial vehicles, regarding, among other things, inspection and maintenance of vehicles.

This bill would make technical, nonsubstantive changes to these provisions.

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

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

SECTION 1.  

Section 34501 of the Vehicle Code is amended
to read:

34501.  

(a) (1)  begin insert (A) end insert begin insert   end insert The department shall adopt reasonable
rules and regulations that, in the judgment of the department, are
designed to promote the safe operation of begin insert the end insert vehicles described
in Section 34500, regarding, but not limited to, controlled
substances and alcohol testing of drivers by motor carriers, hours
of service of drivers, equipment, fuel containers, fueling operations,
inspection, maintenance, recordkeeping, accident reports, and
drawbridges. The rules and regulations shall not begin delete , however, end delete be
applicable to schoolbuses, which shall be subject to rules and
regulations adopted pursuant to Section 34501.5.

begin delete

The

end delete

begin insert (B) end insert begin insert   end insert begin insert The end insert begin insert end insert rules and regulations shall exempt local law enforcement
agencies, within a single county, engaged in the transportation of
inmates or prisoners when those agencies maintain other motor
vehicle operations records begin delete which end delete begin insert that end insert furnish hours of service
information on drivers begin delete which end delete begin insert who end insert are in substantial compliance
with the rules and regulations. This exemption does not apply to
begin delete any end delete begin insert a end insert local law enforcement agency engaged in the transportation
of inmates or prisoners outside the county in which the agency is
located begin delete , end delete if that agency would otherwise be required, by existing
law, to maintain driving logs.

(2) The department may adopt rules and regulations relating to
commercial vehicle safety inspection and out-of-service criteria.
In adopting the rules and regulations, the commissioner may
consider the commercial vehicle safety inspection and
out-of-service criteria adopted by organizations such as the
Commercial Vehicle Safety Alliance , other intergovernmental
safety group, or the United States Department of Transportation.
The commissioner may provide departmental representatives to
that alliance or other organization for the purpose of promoting
the continued improvement and refinement of compatible
nationwide commercial vehicle safety inspection and out-of-service
criteria.

(3) The commissioner shall appoint a committee of 15 members,
consisting of representatives of industry subject to the regulations
to be adopted pursuant to this section, to act in an advisory capacity
to the department, and the department shall cooperate and confer
with the advisory committee so appointed. The commissioner shall
appoint a separate committee to advise the department on rules
and regulations concerning wheelchair lifts for installation and use
on buses, consisting of persons who use the wheelchair lifts,
representatives of transit districts, representatives of designers or
manufacturers of wheelchairs and wheelchair lifts, and
representatives of the Department of Transportation.

(4) The department may inspect any vehicles in maintenance
facilities or terminals, as well as any records relating to the dispatch
of vehicles or drivers begin delete , end delete and the pay of drivers, to assure compliance
with this code and regulations adopted pursuant to this section.

(b) The department, using the definitions adopted pursuant to
Section 2402.7, shall adopt regulations for the transportation of
hazardous materials in this state, except the transportation of
materials begin delete which end delete begin insert that end insert are subject to other provisions of this code,
that the department determines are reasonably necessary to ensure
the safety of persons and property using the highways. The
regulations may include provisions governing the filling, marking,
packing, labeling, and assembly of, and containers that may be
used for, hazardous materials shipments, and the manner by which
the shipper attests that the shipments are correctly identified and
in proper condition for transport.

(c) At least once every 13 months, the department shall inspect
every maintenance facility or terminal of any person who at any
time operates any bus. If the bus operation includes more than 100
buses, the inspection shall be without prior notice.

(d) The commissioner shall adopt and enforce regulations begin delete which end delete
begin insert that end insert will make the public or private users of any bus aware of the
operator’s last safety rating.

(e) It is unlawful and constitutes a misdemeanor for begin delete any end delete begin insert a end insert person
to operate any bus without the inspection specified in subdivision
(c) having been conducted.

(f) The department may adopt regulations restricting or
prohibiting the movement of any vehicle from a maintenance
facility or terminal if the vehicle is found in violation of this code
or regulations adopted pursuant to this section.