AB 2469,
as amended, Linder. Vehicles:begin delete motor carriers.end deletebegin insert pickup trucks.end insert
Existing law, the Motor Carriers of Property Permit Act, provides for the issuing of permits for motor carriers of property upon the payment of a fee and proof of insurance and workers’ compensation coverage. The act defines a “commercial motor vehicle” as, among other things, any motortruck of 2 or more axles that is more than 10,000 pounds gross vehicle weight rating (GVWR). Existing law defines a “pickup truck” as a motortruck with a manufacturer’s gross vehicle weight rating of less than 11,500 pounds, an unladen weight of less than 8,001 pounds, and which is equipped with an open box-type bed not exceeding 9 feet in length.
end insertbegin insertThis bill would change the definition of “commercial motor vehicle” for purposes of the act by increasing the GVWR for a motortruck of 2 or more axles to 11,500 or more pounds, thereby excluding any motortruck of 2 or more axles, and any pickup truck, that is less than 11,500 pounds from the act’s provisions.
end insertExisting 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.
end deleteThis bill would make technical, nonsubstantive changes to the definitions that apply to those provisions.
end deleteVote: 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”
5means a person who operates a commercial motor vehicle as
6defined in subdivision (c). “Motor carrier of property” does not
7include a household goods carrier, as defined in Section 5109 of
8the Public Utilities Code, a household goods carrier transporting
9used office, store, and institution furniture and fixtures under its
10household goods carrier permit pursuant to Section 5137 of the
11
Public Utilities Code, a person providing only transportation of
12passengers, or a passenger stage corporation transporting baggage
13and express upon a passenger vehicle incidental to the
14transportation of passengers.
15(b) As used in this division, “for-hire motor carrier of property”
16means a motor carrier of property as defined in subdivision (a)
17who transports property for compensation.
18(c) (1) As used in this division, except as provided in paragraph
19(2), a “commercial motor vehicle” means a self-propelled vehicle
20listed in subdivision (a), (b), (f), (g), or (k) of Section 34500, a
21motortruck of two or more axles that isbegin insert equal to orend insert more than
22begin delete 10,000end deletebegin insert
11,500end insert pounds gross vehicle weight rating, and any other
23motor vehicle used to transport property for compensation.
24(2) As used in this division, “commercial motor vehicle” does
25not include any of the following:
26(A) A vehicle identified in subdivision (f) of Section 34500, if
27the gross vehicle weight rating of the towing vehicle is 10,000
28pounds or less.
29(B) A vehicle identified in subdivision (g) of Section 34500, if
30the hazardous material transportation does not require the display
31of a placard under Section 27903, a license under Section 32000.5,
P3 1or a hazardous waste transporter registration under Section 25163
2of the Health and Safety Code, and the vehicle is not operated in
3
commercial use.
4(C) A vehicle operated by a household goods carrier, as defined
5in Section 5109 of the Public Utilities Code, under the household
6goods carrier permit pursuant to Section 5137 of that code.
7(D) A vehicle operated by a household goods carrier to transport
8used office, store, and institution furniture and fixtures under its
9household goods carrier permit pursuant to Section 5137 of the
10Public Utilities Code.
11(E) A pickup truck as defined in Section 471, if the conditions
12in subparagraphs (A) and (B) are also met.
13(F) A two-axle daily rental truck with a gross vehicle weight
14rating of less than 26,001 pounds, when operated in
noncommercial
15 use.
16(G) A motortruck or two-axle truck tractor, with a gross vehicle
17weight rating of less than 26,001 pounds, operated solely to tow
18a camp trailer, trailer coach, fifth-wheel travel trailer, trailer
19designed to transport watercraft, or utility trailer. A vehicle
20combination described in this subparagraph is not subject to Section
2127900, 34501.12, or 34507.5.
22(H) A motortruck or two-axle truck tractor, with a gross vehicle
23weight rating of less than 16,001 pounds, operated singly in
24noncommercial use.
25(d) As used in this chapter, “private carrier” means a motor
26carrier of property, who transports only his or her own property,
27including, but not limited to, the delivery of goods sold by that
28
carrier.
29(e) This section shall remain in effect only until January 1, 2016,
30and as of that date is repealed, unless a later enacted statute, that
31is enacted before January 1, 2016, deletes or extends that date.
Section 34601 of the Vehicle Code, as added by
33Section 14 of Chapter 500 of the Statutes of 2013, is amended to
34read:
(a) As used in this division, “motor carrier of property”
36means a person who operates a commercial motor vehicle as
37defined in subdivision (c). “Motor carrier of property” does not
38include a household goods carrier, as defined in Section 5109 of
39the Public Utilities Code, a household goods carrier transporting
40used office, store, and institution furniture and fixtures under its
P4 1household goods carrier permit pursuant to Section 5137 of the
2
Public Utilities Code, a person providing only transportation of
3passengers, or a passenger stage corporation transporting baggage
4and express upon a passenger vehicle incidental to the
5transportation of passengers.
6(b) As used in this division, “for-hire motor carrier of property”
7means a motor carrier of property as defined in subdivision (a)
8who transports property for compensation.
9(c) (1) As used in this division, except as provided in paragraph
10(2), a “commercial motor vehicle” means a self-propelled vehicle
11listed in subdivision (a), (b), (f), (g), or (k) of Section 34500, a
12motortruck of two or more axles that isbegin insert equal to orend insert more than
13begin delete 10,000end deletebegin insert
11,500end insert pounds gross vehicle weight rating, and any other
14motor vehicle used to transport property for compensation.
15(2) As used in this division, “commercial motor vehicle” does
16not include any of the following:
17(A) A vehicle identified in subdivision (f) of Section 34500, if
18the gross vehicle weight rating of the towing vehicle is 10,000
19pounds or less.
20(B) A vehicle identified in subdivision (g) of Section 34500, if
21the hazardous material transportation does not require the display
22of a placard under Section 27903, a license under Section 32000.5,
23or a hazardous waste transporter registration under Section 25163
24of the Health and Safety Code, and the vehicle is not operated in
25
commercial use.
26(C) A vehicle operated by a household goods carrier, as defined
27in Section 5109 of the Public Utilities Code, under the household
28goods carrier permit pursuant to Section 5137 of that code.
29(D) A vehicle operated by a household goods carrier to transport
30used office, store, and institution furniture and fixtures under its
31household goods carrier permit pursuant to Section 5137 of the
32Public Utilities Code.
33(E) A pickup truck as defined in Section 471, if the conditions
34in subparagraphs (A) and (B) are also met.
35(F) A two-axle daily rental truck with a gross
vehicle weight
36rating of less than 26,001 pounds, when operated in noncommercial
37use.
38(G) A vehicle never operated in commercial use, including a
39motortruck or two-axle truck tractor, with a gross vehicle weight
40rating of less than 26,001 pounds, when operated singly, or, when
P5 1used to tow a camp trailer, trailer coach, fifth-wheel travel trailer,
2trailer designed to transport watercraft, or a utility trailer, never
3operated in commercial use. A vehicle combination described in
4this subparagraph is not subject to Section 27900, 34501.12, or
534507.5.
6(d) As used in this chapter, “private carrier” means a motor
7carrier of property, who transports only his or her own property,
8including, but not limited to, the delivery of goods sold by that
9carrier.
10(e) This section shall become operative on January 1, 2016.
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98