California Assembly Bill AB1014 Amended / Bill

 BILL NUMBER: AB 1014AMENDED BILL TEXT AMENDED IN SENATE JUNE 22, 2010 AMENDED IN ASSEMBLY MAY 5, 2009 AMENDED IN ASSEMBLY APRIL 2, 2009 INTRODUCED BY Assembly Member Galgiani FEBRUARY 27, 2009 An act to  add Section 12804.13 to   amend Section 12804.9 of, and to add Section 12804.11 to,  the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST AB 1014, as amended, Galgiani. Vehicles: driver's licenses:  farmers.   agricultural endorsement.   (1) Existing law requires an applicant for a driver's license to submit to an examination appropriate to the class of vehicle the applicant desires to drive. Class B vehicles include, among others, a vehicle with a gross vehicle weight rating (GVWR) of more than 26,000 pounds. Successful completion of the examination to drive a class B vehicle qualifies the person to operate all vehicles covered under class C. Class C vehicles include, among others, a vehicle with a GVWR of 26,000 pounds or less. A violation of the Vehicle Code generally is an infraction.   This bill would revise those provisions to permit certain persons employed by an agricultural business to operate implements of husbandry and farm vehicles with a GVWR of more than 26,000 pounds only if the person obtains and maintains a class A, class B, or class C license and an agricultural endorsement issued by the Department of Motor Vehicles, after providing to the department proof of current employment by an agricultural business and evidence of implement of husbandry or farm vehicle operation training. Because a violation of the bill's provisions would be a crime, the bill would impose a state-mandated local program.   (1) Existing law authorizes the Department of Motor Vehicles to issue a restricted class A driver's license for the operation of a 2-axle vehicle weighing 4,000 pounds or more unladen when towing a livestock trailer exceeding 10,000 pounds, but not exceeding 15,000 pounds gross vehicle weight rating or gross vehicle weight, if specified conditions are met, including that the vehicle is operated by a farmer and is used to transport livestock. A violation of the Vehicle Code generally is an infraction.   This bill would authorize the department to issue a class A or B restricted driver's license for the operation of a vehicle in the production, harvesting, or transportation of silage by a farmer, employee of a farmer, or contracted employee of a farmer, between one part of a farm and another part of that farm or from one farm to another farm, on a highway for a distance not to exceed 20 miles from the point of origin of the trip, in specified counties. The bill would require the department to follow specified federal regulations in issuing those driver's licenses. The bill would require a licensed California driver applying for one of those driver's licenses, upon application and every 2 years thereafter, to submit medical information on a form approved by the department. Because a violation of the bill's provisions would be an infraction, the bill would impose a state-mandated local program.  (2) 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. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 12804.9 of the   Vehicle Code   is amended to read:  12804.9. (a) (1) The examination shall include all of the following: (A) A test of the applicant's knowledge and understanding of the provisions of this code governing the operation of vehicles upon the highways. (B) A test of the applicant's ability to read and understand simple English used in highway traffic and directional signs. (C) A test of the applicant's understanding of traffic signs and signals, including the bikeway signs, markers, and traffic control devices established by the Department of Transportation. (D) An actual demonstration of the applicant's ability to exercise ordinary and reasonable control in operating a motor vehicle by driving it under the supervision of an examining officer. The applicant shall submit to an examination appropriate to the type of motor vehicle or combination of vehicles he or she desires a license to drive, except that the department may waive the driving test part of the examination for any applicant who submits a license issued by another state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico if the department verifies through any acknowledged national driver record data source that there are no stops, holds, or other impediments to its issuance. The examining officer may request to see evidence of financial responsibility for the vehicle prior to supervising the demonstration of the applicant's ability to operate the vehicle. The examining officer may refuse to examine an applicant who is unable to provide proof of financial responsibility for the vehicle, unless proof of financial responsibility is not required by this code. (E) A test of the hearing and eyesight of the applicant, and of other matters that may be necessary to determine the applicant's mental and physical fitness to operate a motor vehicle upon the highways, and whether any grounds exist for refusal of a license under this code. (2) The examination for a class A or class B driver's license under subdivision (b) shall also include a report of a medical examination of the applicant given not more than two years prior to the date of the application by a health care professional. As used in this paragraph, "health care professional" means a person who is licensed, certified, or registered in accordance with applicable state laws and regulations to practice medicine and perform physical examinations in the United States. Health care professionals are doctors of medicine, doctors of osteopathy, physician assistants, and registered advanced practice nurses, or doctors of chiropractic who are clinically competent to perform the medical examination presently required of motor carrier drivers by the federal Department of Transportation. The report shall be on a form approved by the department, the federal Department of Transportation, or the Federal Aviation Administration. In establishing the requirements, consideration may be given to the standards presently required of motor carrier drivers by the Federal Highway Administration. (3) A physical defect of the applicant that, in the opinion of the department, is compensated for to ensure safe driving ability, shall not prevent the issuance of a license to the applicant. (b) In accordance with the following classifications, an applicant for a driver's license shall be required to submit to an examination appropriate to the type of motor vehicle or combination of vehicles the applicant desires a license to drive: (1) Class A includes the following: (A) A combination of vehicles, if a vehicle being towed has a gross vehicle weight rating of more than 10,000 pounds. (B) A vehicle towing more than one vehicle. (C) A trailer bus. (D) The operation of all vehicles under class B and class C. (2) Class B includes the following: (A)  A   Except as provided in subparagraph (H) of paragraph (3), a  single vehicle with a gross vehicle weight rating of more than 26,000 pounds. (B) A single vehicle with three or more axles, except any three-axle vehicle weighing less than 6,000 pounds. (C) A bus except a trailer bus. (D) A farm labor vehicle. (E) A single vehicle with three or more axles or a gross vehicle weight rating of more than 26,000 pounds towing another vehicle with a gross vehicle weight rating of 10,000 pounds or less. (F) A house car over 40 feet in length, excluding safety devices and safety bumpers. (G) The operation of all vehicles covered under class C. (3) Class C includes the following: (A) A two-axle vehicle with a gross vehicle weight rating of 26,000 pounds or less, including when the vehicle is towing a trailer or semitrailer with a gross vehicle weight rating of 10,000 pounds or less. (B) Notwithstanding subparagraph (A), a two-axle vehicle weighing 4,000 pounds or more unladen when towing a trailer coach not exceeding 9,000 pounds gross. (C) A house car of 40 feet in length or less. (D) A three-axle vehicle weighing 6,000 pounds gross or less. (E) A house car of 40 feet in length or less or vehicle towing another vehicle with a gross vehicle weight rating of 10,000 pounds or less, including when a tow dolly is used. A person driving a vehicle  may   shall  not tow another vehicle in violation of Section 21715. (F) (i) A two-axle vehicle weighing 4,000 pounds or more unladen when towing either a trailer coach or a fifth-wheel travel trailer not exceeding 10,000 pounds gross vehicle weight rating, when the towing of the trailer is not for compensation. (ii) A two-axle vehicle weighing 4,000 pounds or more unladen when towing a fifth-wheel travel trailer exceeding 10,000 pounds, but not exceeding 15,000 pounds, gross vehicle weight rating, when the towing of the trailer is not for compensation, and if the person has passed a specialized written examination provided by the department relating to the knowledge of this code and other safety aspects governing the towing of recreational vehicles upon the highway. The authority to operate combinations of vehicles under this subparagraph may be granted by endorsement on a class C license upon completion of that written examination. (G) A vehicle or combination of vehicles with a gross combination weight rating or a gross vehicle weight rating, as those terms are defined in subdivisions (j) and (k), respectively, of Section 15210, of 26,000 pounds or less, if all of the following conditions are met: (i) 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. (ii) Is used exclusively in the conduct of agricultural operations. (iii) Is not used in the capacity of a for-hire carrier or for compensation.  (H) An implement of husbandry, as defined in Division 16 (commencing with Section 36000) or a farm vehicle, as described in Section 36101, with a gross vehicle weight rating of more than 26,000 pounds and operated by a person who is required to have an agricultural endorsement pursuant to Section 12804.11.   (H)   (I)  A motorized scooter.  (I)   (J)  Class C does not include a two-wheel motorcycle or a two-wheel motor-driven cycle. (4) Class M1. A two-wheel motorcycle or a motor-driven cycle. Authority to operate a vehicle included in a class M1 license may be granted by endorsement on a class A, B, or C license upon completion of an appropriate examination. (5) (A) Class M2 includes the following: (i) A motorized bicycle or moped, or a bicycle with an attached motor, except a motorized bicycle described in subdivision (b) of Section 406. (ii) A motorized scooter. (B) Authority to operate vehicles included in class M2 may be granted by endorsement on a class A, B, or C license upon completion of an appropriate examination, except that no endorsement is required for a motorized scooter. Persons holding a class M1 license or endorsement may operate vehicles included in class M2 without further examination. (c) A driver's license or driver certificate is not valid for operating a commercial motor vehicle, as defined in subdivision (b) of Section 15210, any other motor vehicle defined in paragraph (1) or (2) of subdivision (b), or any other vehicle requiring a driver to hold any driver certificate or any driver's license endorsement under Section 15275, unless a medical certificate approved by the department, the federal Department of Transportation, or the Federal Aviation Administration, that has been issued within two years of the date of the operation of that vehicle, is within the licensee's immediate possession, and a copy of the medical examination report from which the certificate was issued is on file with the department. Otherwise, the license is valid only for operating class C vehicles that are not commercial  motor  vehicles, as defined in subdivision (b) of Section 15210, and for operating class M1 or M2 vehicles, if so endorsed, that are not commercial  motor  vehicles, as defined in subdivision (b) of Section 15210. (d) A license or driver certificate issued prior to the enactment of Chapter 7 (commencing with Section 15200) is valid to operate the class or type of vehicles specified under the law in existence prior to that enactment until the license or certificate expires or is otherwise suspended, revoked, or canceled. (e) The department may accept a certificate of driving skill that is issued by an employer, authorized by the department to issue a certificate under Section 15250, of the applicant, in lieu of a driving test, on class A or B applications, if the applicant has first qualified for a class C license and has met the other examination requirements for the license for which he or she is applying. The certificate may be submitted as evidence of the applicant's skill in the operation of the types of equipment covered by the license for which he or she is applying. (f) The department may accept a certificate of competence in lieu of a driving test on class M1 or M2 applications, when the certificate is issued by a law enforcement agency for its officers who operate class M1 or M2 vehicles in their duties, if the applicant has met the other examination requirements for the license for which he or she is applying. (g) The department may accept a certificate of satisfactory completion of a novice motorcyclist training program approved by the commissioner pursuant to Section 2932 in lieu of a driving test on class M1 or M2 applications, if the applicant has met the other examination requirements for the license for which he or she is applying. The department shall review and approve the written and driving test used by a program to determine whether the program may issue a certificate of completion. (h) Notwithstanding subdivision (b), a person holding a valid California driver's license of any class may operate a short-term rental motorized bicycle without taking any special examination for the operation of a motorized bicycle, and without having a class M2 endorsement on that license. As used in this subdivision, "short-term" means 48 hours or less. (i) A person under the age of 21 years  may   shall  not be issued a class M1 or M2 license or endorsement unless he or she provides evidence satisfactory to the department of completion of a motorcycle safety training program that is operated pursuant to Article 2 (commencing with Section 2930) of Chapter 5 of Division 2. (j) A driver of a vanpool vehicle may operate with a class C license but shall possess evidence of a medical examination required for a class B license when operating vanpool vehicles. In order to be eligible to drive the vanpool vehicle, the driver shall keep in the vanpool vehicle a statement, signed under penalty of perjury, that he or she has not been convicted of reckless driving, drunk driving, or a hit-and-run offense in the last five years. (k) A class M license issued between January 1, 1989, and December 31, 1992, shall permit the holder to operate any motorcycle, motor-driven cycle, or motorized bicycle until the expiration of the license.  SEC. 2.   Section 12804.11 is added to the   Vehicle Code   , to read:   12804.11. (a) Except as provided in Section 36300, to operate an implement of husbandry, as defined in Division 16 (commencing with Section 36000), or a farm vehicle, as described in Section 36101, with a gross vehicle weight rating of more than 26,000 pounds, a driver is required to obtain and maintain an agricultural endorsement issued by the department and obtain and maintain a class A, class B, or class C license. To qualify for an agricultural endorsement, the driver shall provide to the department proof of current employment by an agricultural business and evidence of implement of husbandry or farm vehicle operation training by providing a letter, or other indication, from the agricultural business. (b) There shall be no additional charge for adding an agricultural endorsement to an original license or when renewing a license. To add an agricultural endorsement to an existing license when not renewing the license, the applicant shall pay the fee for a duplicate license pursuant to Section 14901. (c) (1) A driver of an implement of husbandry or a farm vehicle is subject to subdivision (a) if both of the following conditions exist: (A) The implement of husbandry or farm vehicle is operated by a person employed by an agricultural business that owns the implement of husbandry or farm vehicle. (B) The motor vehicle, with a gross vehicle weight rating of more than 26,000 pounds, is used for an agricultural purpose. (2) A driver of an implement of husbandry or farm vehicle is not required to obtain and maintain an agricultural endorsement pursuant to subdivision (a) if the driver is operating the implement of husbandry or farm vehicle for training purposes while under the direct supervision of an agricultural business employee who is properly licensed to operate the implement of husbandry or farm vehicle and is authorized by the business to provide the training.   SEC. 3.   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.   SECTION 1.   Section 12804.13 is added to the Vehicle Code, to read: 12804.13. (a) The department may issue a restricted class A or class B driver's license for the operation of a vehicle in the production, harvesting, or transportation of silage, as described in subdivision (i) of Section 36101, in any of the following counties: (1) Butte. (2) Del Norte. (3) Fresno. (4) Glenn. (5) Humboldt. (6) Imperial. (7) Kern. (8) Kings. (9) Los Angeles. (10) Madera. (11) Marin. (12) Mendocino. (13) Merced. (14) Monterey. (15) Placer. (16) Riverside. (17) Sacramento. (18) San Bernardino. (19) San Benito. (20) San Diego. (21) San Joaquin. (22) San Luis Obispo. (23) Santa Barbara. (24) Santa Clara. (25) Santa Cruz. (26) Shasta. (27) Siskiyou. (28) Solano. (29) Sonoma. (30) Stanislaus. (31) Sutter. (32) Tehama. (33) Tulare. (34) Yolo. (35) Yuba. (b) The department shall implement subdivision (a) in conformance with the regulations in Part 383 (commencing with Section 383.1) of Title 49 of the Code of Federal Regulations. The department shall follow those regulations in acting pursuant to this section as those regulations now exist and as they are hereafter amended. (c) In lieu of a report of a medical examination required by Section 12804.9, a licensed California driver applying for a restricted license issued pursuant to subdivision (a) shall, upon application and every two years thereafter, submit medical information on a form approved by the department.   SEC. 2.   The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances applicable to vehicles operated as described in subdivision (a) of Section 12804.13 of the Vehicle Code in the counties listed in subdivision (a) of Section 12804.13 of the Vehicle Code.   SEC. 3.   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.