AB 2469, as introduced, Linder. Vehicles: motor carriers.
Existing law prohibits a motor carrier of property, as defined, from operating a commercial motor vehicle on any public highway in the state, unless it has obtained a carrier identification number in accordance with specified provisions, has registered the identification number with the Department of Motor Vehicles, and holds a valid motor carrier permit issued to that motor carrier by the department.
This bill would make technical, nonsubstantive changes to the definitions that apply to those 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 34601 of the Vehicle Code, as amended
2by Section 13.5 of Chapter 500 of the Statutes of 2013, is amended
3to read:
(a) As used in this division, “motor carrier of property”
5meansbegin delete anyend deletebegin insert aend insert person who operatesbegin delete anyend deletebegin insert aend insert commercial motor vehicle
6as defined in subdivision (c). “Motor carrier of property” does not
7include a household goods carrier, as defined in Section 5109 of
P2 1the Public Utilities Code, a household goods carrier transporting
2used office, store, and institution furniture and fixtures under its
3household goods carrier permit pursuant to Section 5137 of the
4
Public Utilities Code,begin delete personsend deletebegin insert a personend insert providing only
5transportation of passengers, or a passenger stage corporation
6transporting baggage and express upon a passenger vehicle
7incidental to the transportation of passengers.
8(b) As used in this division, “for-hire motor carrier of property”
9means a motor carrier of property as defined in subdivision (a)
10who transports property for compensation.
11(c) (1) As used in this division, except as provided in paragraph
12(2), a “commercial motor vehicle” meansbegin delete anyend deletebegin insert aend insert
self-propelled
13vehicle listed inbegin delete subdivisionsend deletebegin insert subdivisionend insert (a), (b), (f), (g),begin delete andend deletebegin insert
orend insert
14 (k) of Section 34500,begin delete anyend deletebegin insert aend insert motortruck of two or more axles that
15is more than 10,000 pounds gross vehicle weight rating, and any
16other motor vehicle used to transport property for compensation.
17(2) As used in this division, “commercial motor vehicle” does
18not include any of the following:
19(A) begin deleteVehicles end deletebegin insertA vehicle end insertidentified in subdivision (f) of Section
2034500, if the gross vehicle weight rating of the towing vehicle is
2110,000 pounds or less.
22(B) begin deleteVehicles end deletebegin insertA vehicle end insertidentified in subdivision (g) of Section
2334500, if the hazardous material transportation does not require
24the display ofbegin delete placardsend deletebegin insert a placardend insert under Section 27903, a license
25under Section 32000.5, or a hazardous waste transporter registration
26under Section 25163 of the Health and Safety Code, and the vehicle
27is not operated in commercial use.
28(C) begin deleteVehicles end deletebegin insertA
vehicle end insertoperated by a household goods carrier,
29as defined in Section 5109 of the Public Utilities Code, under the
30household goods carrier permit pursuant to Section 5137 of that
31code.
32(D) begin deleteVehicles end deletebegin insertA vehicle end insertoperated by a household goods carrier
33to transport used office, store, and institution furniture and fixtures
34under its household goods carrier permit pursuant to Section 5137
35of the Public Utilities Code.
36(E) begin deletePickup trucks end deletebegin insert A pickup truck end insertas defined in Section 471, if
37the
conditions in subparagraphs (A) and (B) are also met.
38(F) begin deleteTwo-axle end deletebegin insert A two-axle end insertdaily rentalbegin delete trucksend deletebegin insert truckend insert with a gross
39vehicle weight rating of less than 26,001 pounds, when operated
40in noncommercial use.
P3 1(G) begin deleteMotortrucks end deletebegin insertA motortruck end insertor two-axle truckbegin delete tractorsend deletebegin insert
tractorend insert,
2with a gross vehicle weight rating of less than 26,001 pounds,
3operated solely to tow a camp trailer, trailer coach, fifth-wheel
4travel trailer, trailer designed to transport watercraft, or utility
5trailer.begin delete Vehicle combinationsend deletebegin insert A vehicle combinationend insert described in
6this subparagraphbegin delete areend deletebegin insert isend insert not subject to Section 27900, 34501.12,
7or 34507.5.
8(H) begin deleteMotortrucks end deletebegin insertA
motortruck end insertor two-axle truckbegin delete tractorsend deletebegin insert tractorend insert,
9with a gross vehicle weight rating of less than 16,001 pounds,
10operated singly in noncommercial use.
11(d) begin deleteFor purposes of end deletebegin insertAs used in end insertthis chapter, “private carrier”
12means a motor carrier of property, who transports only his or her
13own property, including, but not limited to, the delivery of goods
14sold by that carrier.
15(e) This section shall remain in effect only until January 1, 2016,
16and as of that date is repealed,
unless a later enacted statute, that
17is enacted before January 1, 2016, deletes or extends that date.
Section 34601 of the Vehicle Code, as added by
19Section 14 of Chapter 500 of the Statutes of 2013, is amended to
20read:
(a) As used in this division, “motor carrier of property”
22meansbegin delete anyend deletebegin insert aend insert person who operatesbegin delete anyend deletebegin insert aend insert commercial motor vehicle
23as defined in subdivision (c). “Motor carrier of property” does not
24include a household goods carrier, as defined in Section 5109 of
25the Public Utilities Code, a household goods carrier transporting
26used office, store, and institution furniture and fixtures under its
27household goods carrier permit pursuant to Section 5137 of the
28
Public Utilities Code,begin delete personsend deletebegin insert a personend insert providing only
29transportation of passengers, or a passenger stage corporation
30transporting baggage and express upon a passenger vehicle
31incidental to the transportation of passengers.
32(b) As used in this division, “for-hire motor carrier of property”
33means a motor carrier of property as defined in subdivision (a)
34who transports property for compensation.
35(c) (1) As used in this division, except as provided in paragraph
36(2), a “commercial motor vehicle” meansbegin delete anyend deletebegin insert aend insert
self-propelled
37vehicle listed inbegin delete subdivisionsend deletebegin insert subdivisionend insert (a), (b), (f), (g),begin delete andend deletebegin insert orend insert
38 (k) of Section 34500,begin delete anyend deletebegin insert aend insert motortruck of two or more axles that
39is more than 10,000 pounds gross vehicle weight rating, and any
40other motor vehicle used to transport property for compensation.
P4 1(2) As used in this division, “commercial motor vehicle” does
2not include any of the
following:
3(A) begin deleteVehicles end deletebegin insertA vehicle end insertidentified in subdivision (f) of Section
434500, if the gross vehicle weight rating of the towing vehicle is
510,000 pounds or less.
6(B) begin deleteVehicles end deletebegin insertA vehicle end insertidentified in subdivision (g) of Section
734500, if the hazardous material transportation does not require
8the display ofbegin delete placardsend deletebegin insert a placardend insert
under Section 27903, a license
9under Section 32000.5, or a hazardous waste transporter registration
10under Section 25163 of the Health and Safety Code, and the vehicle
11is not operated in commercial use.
12(C) begin deleteVehicles end deletebegin insertA vehicle end insertoperated by a household goods carrier,
13as defined in Section 5109 of the Public Utilities Code, under the
14household goods carrier permit pursuant to Section 5137 of that
15code.
16(D) begin deleteVehicles end deletebegin insertA vehicle end insertoperated by a household goods carrier
17to transport used office, store, and
institution furniture and fixtures
18under its household goods carrier permit pursuant to Section 5137
19of the Public Utilities Code.
20(E) begin deletePickup trucks end deletebegin insertA pickup truck end insertas defined in Section 471, if
21the conditions in subparagraphs (A) and (B) are also met.
22(F) begin deleteTwo-axle end deletebegin insertA two-axle end insertdaily rentalbegin delete trucksend deletebegin insert truckend insert with a gross
23
vehicle weight rating of less than 26,001 pounds, when operated
24in noncommercial use.
25(G) begin deleteVehicles end deletebegin insertA vehicle end insertnever operated in commercial use,
26includingbegin delete motortrucksend deletebegin insert a motortruckend insert or two-axle truckbegin delete tractorsend delete
27begin insert tractorend insert, with a gross vehicle weight rating of less than 26,001
28pounds, when operated singly, or, when used to tow a camp trailer,
29trailer coach, fifth-wheel travel trailer,
trailer designed to transport
30watercraft, or a utility trailer, never operated in commercial use.
31begin delete Vehicle combinationsend deletebegin insert A vehicle combinationend insert described in this
32subparagraphbegin delete areend deletebegin insert isend insert not subject to Section 27900, 34501.12, or
3334507.5.
34(d) begin deleteFor purposes of end deletebegin insertAs used in end insertthis chapter, “private carrier”
35means a motor carrier of property, who transports only his or her
36own property,
including, but not limited to, the delivery of goods
37sold by that carrier.
38(e) This section shall become operative on January 1, 2016.
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