BILL ANALYSIS �
AB 2469
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Date of Hearing: May 1, 2014
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
AB 2469 (Linder) - As Amended: April 10, 2014
SUBJECT : Vehicles: Pickup trucks: exemption
SUMMARY : Modifies the definition of a pickup such that trucks
without a box type-bed and those with a "utility body" meet the
definition of a pickup truck and are therefore exempt from
commercial motor vehicle requirements. Specifically this bill:
1)Deletes the requirement that pickup trucks, by definition,
must have an open box-type bed.
2)Deletes language specifying that trucks with a bed-mounted
storage compartments (commonly referred to as a "utility
body") are not defined as a pickup truck.
EXISTING LAW :
1)Defines a pickup truck as a motor truck with a gross vehicle
weight rating (GVWR) of less than 8,001 pounds that is
equipped with an open box-type bed not exceeding 9 feet in
length.
2)Excludes from the definition of a pickup truck, motor vehicles
that otherwise meet the definition of a pickup truck but are
equipped with a utility body.
3)Defines a commercial motor vehicle as a motortruck with two or
more axles with a GVWR of greater than 10,000 pounds that is
used to transport property for compensation.
4)Requires vehicles that are used to transport property,
regardless of size or weight, to participate in the Motor
Carrier of Property Program (MCPP) which includes provisions
for the payment of specified fees, providing proof of
financial responsibility and worker's compensation insurance,
or a signed exemption, enrollment in the employer Pull Notice
Program, as required, and issuance of a California Highway
Patrol (CHP) Carrier Identification number.
FISCAL EFFECT : Unknown
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COMMENTS : According to the author, there are a number of
individuals who drive pickup trucks equipped with utility bodies
who use these vehicles strictly for personal use. Specifically,
he notes that many tradesmen use these types of trucks to keep
their tools organized and secure when traveling between home and
a job site. The author believes classifying trucks with utility
bodies as commercial, regardless whether or not they are used
for commercial purposes, is unfair.
To correct this, the author has introduced this legislation
which would remove the language specifically exempting trucks
with utility bodies from the definition of a pickup, thereby
allowing these vehicles, if not used for commercial purposes, to
be exempt from MCPP requirements. Additionally, this bill
deletes the requirement that a pickup truck must have an open
box-type bed, which would exempt a variety of truck
configurations (such as flatbed pickups, certain dump trucks,
and other truck conversions) from MCPP requirements, provided
the vehicles are not expressly used for commercial purposes.
According to the CHP, pickup trucks with utility bodies were
specifically excluded from the definition of a pickup truck with
the passage of AB 1518 (Assembly Transportation Committee),
Chapter 652, Statutes of 1997, because they are larger and
heavier than standard pickup trucks and because they are
routinely used for commercial purposes. CHP contends that
exempting trucks with utility bodies and other truck conversions
(e.g., flatbeds) from MCPP requirements would not only reduce
commercial vehicle fees that support important highway
maintenance and enforcement programs, it would also make it
extremely difficult for officers to enforce commercial motor
vehicle requirements on California's highways. Exempting
vehicles that are commonly used for commercial purposes would
require CHP to pull over and inspect all vehicles of this type
to ensure compliance. This would no doubt prove time consuming
and costly for law enforcement but would also frustrate
operators of these vehicles. Without these efforts, however, it
is likely that unscrupulous commercial operators would use the
exemption as an opportunity to "skirt" commercial motor vehicle
requirements, all to the detriment of the safety of the
traveling public.
Previous legislation : AB 2313 (Grove) of 2012, would have
phased out weight fees collected for pickup trucks over a 5-year
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period unless the pickup truck is being used for commercial
purposes. That bill died in the Assembly Transportation
Committee.
AB 2657 (Gilmore) of 2010, would have increased the GVWR for
motor trucks to 11,500 or more pounds thereby excluding any
motor truck with 2 or more axles and any pickup truck, that is
less than 11,500 pounds, from the provisions of the Motor
Carrier of Property Permit Act. That bill died in the Assembly
Transportation Committee.
AB 422 (Ashburn) of 2007 would have excluded from the definition
of a commercial vehicle any pickup truck that is not used for
the transportation of property for hire, compensation, or
profit. That bill failed passage in the Senate Transportation
and Housing Committee.
AB 1518 (Assembly Transportation Committee) Chapter 652,
Statutes of 1997 made technical, policy changes to provisions
regulating the operations of interstate motor carriers of
property which were enacted in the Motor Carrier Safety
Improvement Act of 1996. Among these was the addition of the
language specifying that pickups with bed-mounted storage
compartments ("utility body") do not meet the definition of a
pickup truck.
REGISTERED SUPPORT / OPPOSITION :
Support
GPS Specialty Construction (sponsor)
California Association of Sheet Metal and Air Conditioning
Contractors' National Association
National Federation of Independent Businesses
Opposition
None on file
Analysis Prepared by : Victoria Alvarez / TRANS. / (916) 319-
2093
AB 2469
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