BILL NUMBER: AB 2469 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Linder
FEBRUARY 21, 2014
An act to amend Section 34601 of the Vehicle Code, relating to
vehicles.
LEGISLATIVE COUNSEL'S DIGEST
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 1. Section 34601 of the Vehicle Code, as amended by
Section 13.5 of Chapter 500 of the Statutes of 2013, is amended to
read:
34601. (a) As used in this division, "motor carrier of property"
means any a person who operates
any a commercial motor vehicle as
defined in subdivision (c). "Motor carrier of property" does not
include a household goods carrier, as defined in Section 5109 of the
Public Utilities Code, a household goods carrier transporting used
office, store, and institution furniture and fixtures under its
household goods carrier permit pursuant to Section 5137 of the Public
Utilities Code, persons a person
providing only transportation of passengers, or a passenger stage
corporation transporting baggage and express upon a passenger vehicle
incidental to the transportation of passengers.
(b) As used in this division, "for-hire motor carrier of property"
means a motor carrier of property as defined in subdivision (a) who
transports property for compensation.
(c) (1) As used in this division, except as provided in paragraph
(2), a "commercial motor vehicle" means any a
self-propelled vehicle listed in subdivisions
subdivision (a), (b), (f), (g), and
or (k) of Section 34500, any
a motortruck of two or more axles that is more than 10,000
pounds gross vehicle weight rating, and any other motor vehicle used
to transport property for compensation.
(2) As used in this division, "commercial motor vehicle" does not
include any of the following:
(A) Vehicles A vehicle identified in
subdivision (f) of Section 34500, if the gross vehicle weight rating
of the towing vehicle is 10,000 pounds or less.
(B) Vehicles A vehicle identified in
subdivision (g) of Section 34500, if the hazardous material
transportation does not require the display of placards
a placard under Section 27903, a license under
Section 32000.5, or a hazardous waste transporter registration under
Section 25163 of the Health and Safety Code, and the vehicle is not
operated in commercial use.
(C) Vehicles A vehicle
operated by a household goods carrier, as defined in Section 5109 of
the Public Utilities Code, under the household goods carrier permit
pursuant to Section 5137 of that code.
(D) Vehicles A vehicle operated by a
household goods carrier to transport used office, store, and
institution furniture and fixtures under its household goods carrier
permit pursuant to Section 5137 of the Public Utilities Code.
(E) Pickup trucks A pickup truck as
defined in Section 471, if the conditions in subparagraphs (A) and
(B) are also met.
(F) Two-axle A two-axle daily rental
trucks truck with a gross vehicle
weight rating of less than 26,001 pounds, when operated in
noncommercial use.
(G) Motortrucks A motortruck or
two-axle truck tractors tractor , with
a gross vehicle weight rating of less than 26,001 pounds, operated
solely to tow a camp trailer, trailer coach, fifth-wheel travel
trailer, trailer designed to transport watercraft, or utility
trailer. Vehicle combinations A vehicle
combination described in this subparagraph are
is not subject to Section 27900, 34501.12, or
34507.5.
(H) Motortrucks A motortruck
or two-axle truck tractors tractor
, with a gross vehicle weight rating of less than 16,001
pounds, operated singly in noncommercial use.
(d) For purposes of As used in this
chapter, "private carrier" means a motor carrier of property, who
transports only his or her own property, including, but not limited
to, the delivery of goods sold by that carrier.
(e) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.
SEC. 2. Section 34601 of the Vehicle Code, as added by Section 14
of Chapter 500 of the Statutes of 2013, is amended to read:
34601. (a) As used in this division, "motor carrier of property"
means any a person who operates
any a commercial motor vehicle as
defined in subdivision (c). "Motor carrier of property" does not
include a household goods carrier, as defined in Section 5109 of the
Public Utilities Code, a household goods carrier transporting used
office, store, and institution furniture and fixtures under its
household goods carrier permit pursuant to Section 5137 of the Public
Utilities Code, persons a person
providing only transportation of passengers, or a passenger stage
corporation transporting baggage and express upon a passenger vehicle
incidental to the transportation of passengers.
(b) As used in this division, "for-hire motor carrier of property"
means a motor carrier of property as defined in subdivision (a) who
transports property for compensation.
(c) (1) As used in this division, except as provided in paragraph
(2), a "commercial motor vehicle" means any a
self-propelled vehicle listed in subdivisions
subdivision (a), (b), (f), (g), and
or (k) of Section 34500, any
a motortruck of two or more axles that is more than 10,000
pounds gross vehicle weight rating, and any other motor vehicle used
to transport property for compensation.
(2) As used in this division, "commercial motor vehicle" does not
include any of the following:
(A) Vehicles A vehicle identified in
subdivision (f) of Section 34500, if the gross vehicle weight rating
of the towing vehicle is 10,000 pounds or less.
(B) Vehicles A vehicle identified in
subdivision (g) of Section 34500, if the hazardous material
transportation does not require the display of placards
a placard under Section 27903, a license under
Section 32000.5, or a hazardous waste transporter registration under
Section 25163 of the Health and Safety Code, and the vehicle is not
operated in commercial use.
(C) Vehicles A vehicle operated by a
household goods carrier, as defined in Section 5109 of the Public
Utilities Code, under the household goods carrier permit pursuant to
Section 5137 of that code.
(D) Vehicles A vehicle operated by a
household goods carrier to transport used office, store, and
institution furniture and fixtures under its household goods carrier
permit pursuant to Section 5137 of the Public Utilities Code.
(E) Pickup trucks A pickup truck as
defined in Section 471, if the conditions in subparagraphs (A) and
(B) are also met.
(F) Two-axle A two-axle daily rental
trucks truck with a gross vehicle
weight rating of less than 26,001 pounds, when operated in
noncommercial use.
(G) Vehicles A vehicle never
operated in commercial use, including motortrucks
a motortruck or two-axle truck tractors
tractor , with a gross vehicle weight rating of less than
26,001 pounds, when operated singly, or, when used to tow a camp
trailer, trailer coach, fifth-wheel travel trailer, trailer designed
to transport watercraft, or a utility trailer, never operated in
commercial use. Vehicle combinations A
vehicle combination described in this subparagraph are
is not subject to Section 27900, 34501.12, or
34507.5.
(d) For purposes of As used in this
chapter, "private carrier" means a motor carrier of property, who
transports only his or her own property, including, but not limited
to, the delivery of goods sold by that carrier.
(e) This section shall become operative on January 1, 2016.