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AB-1135 Agricultural vehicles: beekeeping.(2019-2020)



Current Version: 02/21/19 - Introduced         Compare Versions information image


AB1135:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1135


Introduced by Assembly Member Eggman

February 21, 2019


An act to amend Section 34500.6 of the Vehicle Code, relating to vehicles.


LEGISLATIVE COUNSEL'S DIGEST


AB 1135, as introduced, Eggman. Agricultural vehicles: beekeeping.
Existing law generally regulates the use of agricultural vehicles and defines agricultural vehicle to mean a vehicle or combination of vehicles with a gross combination weight rating or a gross vehicle weight rating of 26,000 pounds or less, if certain conditions are met, including that the vehicle is operated by a farmer or other specified individual and used exclusively in the conduct of agricultural operations when operating in commerce. Existing law, until January 1, 2023, exempts agricultural vehicles from the Basic Inspection of Terminals (BIT) program, which, among other things, makes it unlawful for a motor carrier to operate specified vehicles without identifying to the Department of the California Highway Patrol all terminals in the state where vehicles may be inspected by the department. Existing law requires the Department of the California Highway Patrol, in consultation with the Department of Motor Vehicles, to report to the Governor and the Legislature by January 1, 2022, about the impact of excluding agricultural vehicles from the BIT program.
This bill would include a beekeeping vehicle as an agricultural vehicle for these purposes and would further require the Department of the California Highway Patrol and Department of Motor Vehicles to report to the Governor and the Legislature by January 1, 2022, about the impact of excluding agricultural vehicles used for beekeeping from the BIT program.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 34500.6 of the Vehicle Code is amended to read:

34500.6.
 (a) For purposes of this division, an agricultural vehicle is a vehicle or combination of vehicles with a gross combination weight rating or a gross vehicle weight rating of 26,000 pounds or less if all of the following conditions are met:
(1) Is operated by a farmer, an employee of a farmer, or an instructor credentialed in agriculture as part of an instructional program in agriculture at the high school, community college, or university level.
(2) Is used exclusively in the conduct of agricultural operations when operating in commerce.
(3) Is not used in the capacity of a for-hire carrier or for compensation.
(4) The towing vehicle has a gross weight rating of 16,000 pounds or less.
(5) Is used solely in intrastate commerce.
(b) For purposes of this division, an agricultural vehicle used for beekeeping is a vehicle or combination of vehicles with a gross combination weight rating or a gross vehicle weight rating of 36,000 pounds or less if all of the following conditions are met:
(1) Is operated by a beekeeper, an employee of a beekeeper, or an instructor credentialed in agriculture as part of an instructional program in agriculture at the high school, community college, or university level.
(2) Is used exclusively in the conduct of agricultural operations related to beekeeping when operating in commerce.
(3) Is not used in the capacity of a for-hire carrier or for compensation.
(4) The towing vehicle has a gross weight rating of 26,000 pounds or less.
(5) Is used solely in intrastate commerce.
(c) For purposes of this division, a beekeeper is a person who owns, operates, maintains, possesses, or otherwise controls an apiary, and earns more than one thousand dollars ($1,000) annually from agricultural activities related to beekeeping.

(b)

(d) On or before January 1, 2022, the Department of the California Highway Patrol, in consultation with the Department of Motor Vehicles, shall report to the Governor and the Legislature about the impact of excluding an agricultural vehicle, as defined in subdivision (a), (a) and (b), from the provisions of Section 34501.12. The report shall include, but is not limited to, information about collisions involving excluded vehicles and any traffic safety issues associated with excluded vehicles. The report described in this subdivision shall be submitted pursuant to Section 9795 of the Government Code.

(c)

(e) This section shall remain in effect only until January 1, 2023, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2023, deletes or extends that date.