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AB-1152 Vehicles: motor carriers.(2017-2018)

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Date Published: 03/29/2017 04:00 AM
AB1152:v98#DOCUMENT

Amended  IN  Assembly  March 28, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1152


Introduced by Assembly Member Dahle
(Coauthor: Assembly Member Eggman)

February 17, 2017


An act to amend Section 34601 of the Vehicle Code, relating to vehicles.


LEGISLATIVE COUNSEL'S DIGEST


AB 1152, as amended, Dahle. Vehicles: motor carriers.
Existing law law, the Motor Carriers of Property Permit Act, 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. Existing law specifies that a “commercial motor vehicle” does not include certain vehicles, including a pickup truck, as defined, that meets specified conditions. A person or corporation who violates the act is guilty of a misdemeanor, punishable by a fine of not more than $2,500, imprisonment in county jail for not more than 3 months, or by both that fine and imprisonment.

This bill would make technical, nonsubstantive changes to the definitions that apply to those provisions.

This bill would change the definition of a pickup truck, for purposes of the Motor Carriers of Property Permit Act, to include a motor truck with a manufacturer’s gross vehicle weight rating of less than 16,000 pounds that is equipped with an open box-type bed not exceeding 9 feet in length that may be equipped with a bed-mounted storage compartment unit commonly called a “utility body.”
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Section 34601 of the Vehicle Code 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 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) 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. For purposes of this section, “pickup truck” means a motor truck with a manufacturer’s gross vehicle weight rating of less than 16,000 pounds that is equipped with an open box-type bed not exceeding nine feet in length that may be equipped with a bed-mounted storage compartment unit commonly called a “utility body.
(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.