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SB-1243 Vehicles: motor carriers.(2019-2020)

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Date Published: 02/20/2020 09:00 PM
SB1243:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 1243


Introduced by Senator Dahle
(Coauthor: Senator Bates)
(Coauthors: Assembly Members Eggman, Mathis, and Voepel)

February 20, 2020


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


LEGISLATIVE COUNSEL'S DIGEST


SB 1243, as introduced, Dahle. Vehicles: motor carriers.
Existing 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 upon the payment of a fee and proof of insurance and workers’ compensation coverage. Existing law specifies that a “commercial motor vehicle” does not include certain vehicles, including a pickup truck, defined as having 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. Under existing law, pickup truck does not include a vehicle meeting this description that is equipped with a utility body bed mounted storage compartment.
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 bed.”
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   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 any person who operates any 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, persons 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 any self-propelled vehicle listed in subdivisions (a), (b), (f), (g), and (k) of Section 34500, any 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) Vehicles identified in subdivision (f) of Section 34500, if the gross vehicle weight rating of the towing vehicle is 10,000 pounds or less.
(B) Vehicles identified in subdivision (g) of Section 34500, if the hazardous material transportation does not require the display of placards 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) Vehicles 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) Vehicles 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) Pickup trucks 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 frame-mounted storage compartment unit commonly called a “utility bed.”
(F) Two-axle daily rental trucks with a gross vehicle weight rating of less than 26,001 pounds, when operated in noncommercial use.
(G) Vehicles never operated in commercial use, including motortrucks or two-axle truck tractors, 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. Vehicle combinations described in this subparagraph are not subject to Section 27900, 34501.12, or 34507.5.
(d) For purposes of this chapter, “private carrier” means a motor carrier of property, who transports only his or her their 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.