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SB-810 Transportation: omnibus bill.(2017-2018)

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Date Published: 03/08/2017 09:00 PM
SB810:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 810


Introduced by Committee on Transportation and Housing (Senators Beall (Chair), Allen, Atkins, Bates, Cannella, Gaines, McGuire, Mendoza, Morrell, Roth, Skinner, Wieckowski, and Wiener)

March 08, 2017


An act to amend Sections 5204, 12524, 12804.2, 12810.2, and 14900.1 of the Vehicle Code, relating to transportation.


LEGISLATIVE COUNSEL'S DIGEST


SB 810, as introduced, Committee on Transportation and Housing. Transportation: omnibus bill.
(1) Existing law prohibits a person holding a class A, class B, or class C driver’s license from operating a vehicle hauling fissile class III shipments or large quantity radioactive materials, as defined, unless the person possesses both a valid license of the appropriate class and a radioactive materials driver’s certificate issued by the Department of Motor Vehicles that permits the person to operate the vehicle. Existing law requires an applicant for that certificate to present evidence to the Department of Motor Vehicles that he or she has successfully completed the radioactive materials hauler driving training course. Existing law requires the Department of Motor Vehicles to issue a certificate only to an applicant who has paid a $12 examination fee to the Department of Motor Vehicles and who has qualified by passing the examination.
This bill would delete the existing examination and certificate requirement and instead prohibit a person holding a class A, class B, or class C driver’s license from operating a vehicle hauling highway route controlled quantities of radioactive materials, as defined, unless the person possesses both a valid license of the appropriate class and a certificate of training, as required under specified federal law.
(2) Existing law generally prohibits a person from operating a commercial motor vehicle unless that person possesses both a valid commercial driver’s license for the appropriate class and an endorsement issued by the Department of Motor Vehicles to permit the operation of the vehicle. Existing law exempts a person with at least a class C driver’s license who is employed in an agricultural operation and is driving a vehicle, as specified, that is controlled by a farmer and transporting agricultural products or farm machinery or supplies to or from a farm from that endorsement requirement if specified conditions are met, including, but not limited to, successfully completing an agricultural hazardous materials transportation program offered or approved by the Department of the California Highway Patrol and carrying a verification of training, valid for 4 years, and paying a $12 fee to forward a copy of this verification to the Department of Motor Vehicle for inclusion on the person’s permanent driving record.
This bill would delete the requirement to complete an agricultural hazardous materials transportation program offered or approved by the Department of the California Highway Patrol and instead require a person seeking to operate a commercial motor vehicle to fulfill the applicable training requirements under specified federal law. The bill would require that person, upon successful completion of these training requirements, to forward a record of current training and a completed application to the Department of the California Highway Patrol.
(3) This bill would also delete references to obsolete provisions and make other technical and clarifying changes.
(4) Under existing law, a violation of the Vehicle Code is a crime.
Because this bill would impose new requirements and prohibitions on operators of certain vehicles, a violation of which would be a crime, the bill would impose a state-mandated local program.
(5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 5204 of the Vehicle Code is amended to read:

5204.
 (a) Except as provided by subdivisions (b) and (c), a tab shall indicate the year of expiration and a tab shall indicate the month of expiration. Current month and year tabs shall be attached to the rear license plate assigned to the vehicle for the last preceding registration year in which license plates were issued, and, when so attached, the license plate with the tabs shall, for the purposes of this code, be deemed to be the license plate, except that truck tractors, and commercial motor vehicles having a declared gross vehicle weight of 10,001 pounds or more, shall display the current month and year tabs upon the front license plate assigned to the truck tractor or commercial motor vehicle. Vehicles that fail to display current month and year tabs or display expired tabs are in violation of this section.
(b) The requirement of subdivision (a) that the tabs indicate the year and the month of expiration does not apply to fleet vehicles subject to Article 9.5 (commencing with Section 5300) 5301) or vehicles defined in Section 468.
(c) Subdivision (a) does not apply when proper application for registration has been made pursuant to Section 4602 and the new indicia of current registration have not been received from the department.
(d) This section is enforceable against any motor vehicle that is driven, moved, or left standing upon a highway, or in an offstreet public parking facility, in the same manner as provided in subdivision (a) of Section 4000.

SEC. 2.

 Section 12524 of the Vehicle Code is amended to read:

12524.
 (a)No A class A, class B, or class C driver’s licenseholder shall not operate a vehicle hauling fissile class III shipments or large quantity radioactive materials, highway route controlled quantities of radioactive materials, as defined in Section 173.403 of Title 49 of the Code of Federal Regulations, unless the driver possesses a valid license of the appropriate class and a radioactive materials driver’s certificate, issued by the Department of Motor Vehicles, which permits the driver to operate those vehicles. a certificate of training as required in Section 397.101(e) of Title 49 of the Code of Federal Regulations.

(b)Applicants for the certificates shall present evidence to the Department of Motor Vehicles that they have successfully completed the radioactive materials hauler driving training course developed by the Department of Motor Vehicles and the Department of the California Highway Patrol before a certificate may be issued. Either the employer of the driver or a driving school licensed pursuant to Chapter 1 (commencing with Section 11100) of Division 5 may administer the training course.

(c)The certificate shall be issued only to applicants qualified by examinations prescribed by the Department of Motor Vehicles and the Department of the California Highway Patrol. These examinations shall be conducted by the Department of Motor Vehicles, and an examination fee of twelve dollars ($12) shall be paid by the applicant to the Department of Motor Vehicles.

(d)Any application for an original radioactive materials driver’s certificate or renewal of the certificate and any radioactive materials driver’s certificate issued pursuant to this section shall be subject to the provisions of Section 13369.

SEC. 3.

 Section 12804.2 of the Vehicle Code is amended to read:

12804.2.
 (a) Notwithstanding Section 15275, a person with at least a class C issued a driver’s license by the department is exempt from the endorsement requirements of Section 15275 if all of the following conditions are met:
(1) The person is employed in an agricultural operation and is driving a vehicle, other than a vehicle used in common or contract motor carriage, controlled by a farmer and transporting agricultural products or farm machinery or supplies to or from a farm.

(2)(A)The person has completed an agricultural hazardous materials transportation program offered or approved by the Department of the California Highway Patrol. The Department of the California Highway Patrol shall make the program available at no cost, and the program shall contain information specifically applicable to the safe transportation of agricultural chemicals and shall not be less than two hours in length. If the commissioner determines that the program cannot be offered in a particular area of the state because of personnel constraints, a person in that area may instead comply with this requirement by receiving agricultural hazardous materials training, in a program and manner approved by the Department of the California Highway Patrol, from an organization or a person in a supervisory position that has been certified by the Department of the California Highway Patrol.

(2) (A) The person has fulfilled the applicable training requirements of Subpart H of Part 172 of Title 49 of the Code of Federal Regulations.
(B) Upon successful completion of the program specified in subparagraph (A), training required by subparagraph (A), a record of current training, meeting the requirements prescribed by Section 172.704(d) of Title 49 of the Code of Federal Regulations, and a completed application shall be forwarded to the Department of the California Highway Patrol. Upon receipt and validation, the Department of the California Highway Patrol shall issue a verification of training, valid for four years, shall be issued by the instructor and three years, which shall be carried by the person when operating an implement of husbandry or a motor vehicle required to display placards or markings pursuant to Section 27903 or which is hauling hazardous waste, as defined in Sections 25115 and 25117 of the Health and Safety Code. pursuant to Section 27903. Within 10 15 days of issuance by the instructor, Department of the California Highway Patrol, a copy of the verification shall be forwarded by the person completing the training to the department for inclusion on the permanent driving record of the person, together with a fee of twelve dollars ($12).
(C) The department, in consultation with the Department of the California Highway Patrol, shall develop a suitable form for verification of training.
(3) The person has, within the vehicle, informational material approved by the Department of the California Highway Patrol, in both English and Spanish, outlining basic safety procedures to be followed in the event of an accident. The Department of the California Highway Patrol shall provide the information required by this subdivision and make it available at no cost to the person.
(4) The person is operating a vehicle which is an implement of husbandry or a motor vehicle requiring only a class C driver’s license and the distance which the vehicle is being operated between the final point of distribution and the ultimate point of application or from part of a farm to another part thereof, or from one farm to another, is not more than 50 miles.
(5) In lieu of a report of a medical examination required by Section 12804.9, an applicant for a certificate pursuant to paragraph (3) shall, upon application and every two years thereafter, submit medical information on a form approved by the department. A person who obtains a verification of training pursuant to this section, but does not meet the medical requirements for a hazardous materials endorsement established by the department under Section 12804.9, is not qualified to transport hazardous materials.
(6) For purposes of the penalties and sanctions prescribed by Article 7 (commencing with Section 15300) of Chapter 7, the operation of a vehicle pursuant to this subdivision is deemed to be the operation of a commercial motor vehicle.
(b) Implementation dates for this section may be established by the Department of Motor Vehicles by regulation in order to accomplish an orderly certification program.

SEC. 4.

 Section 12810.2 of the Vehicle Code is amended to read:

12810.2.
 Notwithstanding subdivision (e) subdivision (f) of Section 12810, no a violation point count shall not be given for a conviction of a violation of Section 27315.

SEC. 5.

 Section 14900.1 of the Vehicle Code is amended to read:

14900.1.
 (a) Except as provided in Sections 15250.6 and Section 15255.1, upon application for the renewal of a driver’s license or for a license to operate a different class of vehicle, a fee of twenty-four dollars ($24), and on and after January 1, 2010, a fee of thirty dollars ($30), ($30) shall be paid to the department for a license that will expire on the fifth birthday of the applicant following the date of the application. The payment of the fee entitles the person paying the fee to apply for a driver’s license and to take three examinations within a period of 12 months from the date of the application or during the period that an instruction permit is valid, as provided in Section 12509.
(b) In addition to the application fee specified in subdivision (a), a person who fails to successfully complete the driving skill test on the first attempt shall be required to pay an additional fee of five dollars ($5) for each additional driving skill test administered under that application.

SEC. 6.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.