Amended in Assembly April 10, 2014

Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2469

Introduced by Assembly Member Linder

February 21, 2014

An act to amend Section begin delete 34601 end delete begin insert 471 end insert of the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

AB 2469, as amended, Linder. Vehicles: pickup trucks.

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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

end delete

begin insert Existing law requires motor carriers of property to annually pay a permit fee. Existing law defines a motor carrier of property as a person operating a commercial motor vehicle for specified purposes, but excludes pickup trucks from the definition of “commercial motor vehicle” for these purposes. Existing end insert law defines a “pickup truck” as a motortruck with a manufacturer’s gross vehicle weight rating of less than 11,500 begin delete pounds, end delete begin insert pounds and end insert an unladen weight of less than 8,001 pounds, and begin delete which end delete begin insert that end insert is equipped with an open box-type bed not exceeding 9 feet in length. begin insert Existing law provides that a “pickup truck” does not include a motor vehicle otherwise meeting the definition of a “pickup truck end insert begin insert ” end insert begin insert that is equipped with a bed-mounted storage compartment unit commonly called a “utility body.” end insert

This begin delete 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 delete begin insert bill would revise the definition of “pickup truck” by deleting the requirement that the vehicle be equipped with an “open box-type bed” and by deleting the exclusion for a motor vehicle with a “utility body.” end insert

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 471 of the end insert begin insert Vehicle Code end insert begin insert is amended to
read: end insert

471.  

A “pickup truck” is a motor truck with a manufacturer’s
gross vehicle weight rating of less than 11,500 pounds, an unladen
weight of less than 8,001 pounds, and begin delete which is equipped with an
open box-type end delete begin insert a end insert bed not exceeding 9 feet in length. begin delete “Pickup truck”
does not include a motor vehicle otherwise meeting the above
definition, that is equipped with a bed-mounted storage
compartment unit commonly called a “utility body.” end delete

begin delete

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 a person who operates 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, 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 a self-propelled vehicle
listed in subdivision (a), (b), (f), (g), or (k) of Section 34500, a
motortruck of two or more axles that is equal to or more than
11,500 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) 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) A vehicle identified in subdivision (g) of Section 34500, if
the hazardous material transportation does not require the display
of 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) 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) 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)  A pickup truck as defined in Section 471, if the conditions
in subparagraphs (A) and (B) are also met.

(F)  A two-axle daily rental truck with a gross vehicle weight
rating of less than 26,001 pounds, when operated in noncommercial
use.

(G) A motortruck or two-axle truck 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. A vehicle
combination described in this subparagraph is not subject to Section
27900, 34501.12, or 34507.5.

(H) A motortruck or two-axle truck tractor, with a gross vehicle
weight rating of less than 16,001 pounds, operated singly in
noncommercial use.

(d) 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 a person who operates 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, 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 a self-propelled vehicle
listed in subdivision (a), (b), (f), (g), or (k) of Section 34500, a
motortruck of two or more axles that is equal to or more than
11,500 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) 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) A vehicle identified in subdivision (g) of Section 34500, if
the hazardous material transportation does not require the display
of 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) 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) 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) A pickup truck as defined in Section 471, if the conditions
in subparagraphs (A) and (B) are also met.

(F) A two-axle daily rental truck with a gross vehicle weight
rating of less than 26,001 pounds, when operated in noncommercial
use.

(G) A vehicle never operated in commercial use, including a
motortruck or two-axle truck 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. A vehicle combination described in
this subparagraph is not subject to Section 27900, 34501.12, or
34507.5.

(d) 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.

end delete