California Assembly Bill AB1292 Introduced / Bill

 BILL NUMBER: AB 1292INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Bonnie Lowenthal FEBRUARY 27, 2009 An act to amend Section 34506.4 of the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST AB 1292, as introduced, Bonnie Lowenthal. Commercial motor vehicles: unsafe vehicles. Existing law authorizes any member of the Department of the California Highway Patrol to remove from the highway and have placed in a storage facility specified commercial motor vehicles and any motortruck with a gross vehicle weight rating of more than 10,000 pounds, which are in an unsafe condition, or impound a farm labor vehicle operated in violation of specified provisions of law. This bill would make technical, nonsubstantive changes to these provisions. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 34506.4 of the Vehicle Code is amended to read: 34506.4. (a)  Any   A  member of the Department of the California Highway Patrol may remove from the highway and have placed in a storage facility,  any   a  vehicle described in subdivision (a) of Section 22406  ,   or  subdivision (g) of Section 34500  , and any   or a  motortruck with a gross vehicle weight rating of more than 10,000 pounds  ,   if the vehicle or motortruck  which is in an unsafe condition. (b)  Any   A  member of the Department of the California Highway Patrol may impound  any   a  farm labor vehicle operated in violation of subdivision (b) of Section 2800, subdivision (a) of Section 24002.5, or subdivision (a) of Section 31402, subject to the following requirements: (1) A farm labor vehicle impounded for a first violation of subdivision (b) of Section 2800, subdivision (a) of Section 24002.5, or subdivision (a) of Section 31402 may be released within 24 hours upon delivery to the impounding authority of satisfactory proof that the vehicle will be legally moved or transported to a place of repair. (2) A farm labor vehicle shall be impounded for not less than 10 days for a second violation of subdivision (b) of Section 2800, subdivision (a) of Section 24002.5, or subdivision (a) of Section 31402, or any combination of two of those provisions, if the original equipment or maintenance violation has not been repaired to comply with existing law. The farm labor vehicle shall be released after 10 days upon delivery to the impounding authority of satisfactory proof that the vehicle has been repaired to comply with existing law, or upon delivery to the impounding agency of satisfactory proof that the vehicle will be lawfully moved or transported to a place of repair. (3) A farm labor vehicle shall be impounded for not less than 30 days for a third or subsequent violation of subdivision (b) of Section 2800, subdivision (a) of Section 24002.5, or subdivision (a) of Section 31402, or any combination of three or more of those provisions, if the original equipment or maintenance violation has not been repaired to comply with existing law. The farm labor vehicle shall be released after 30 days upon delivery to the impounding authority of satisfactory proof that the vehicle has been repaired to comply with existing law, or upon delivery to the impounding agency of satisfactory proof that the vehicle will be lawfully moved or transported to a place of repair. (c) All towing and storage fees for a vehicle removed under this section shall be paid by the owner.