California Senate Bill SB1318 Introduced / Bill

 BILL NUMBER: SB 1318INTRODUCED BILL TEXT INTRODUCED BY Committee on Transportation and Housing (Senators Lowenthal (Chair), Ashburn, DeSaulnier, Harman, Huff, Kehoe, Oropeza, Pavley, and Simitian) FEBRUARY 19, 2010 An act to repeal Section 14529.15 of the Government Code, to repeal Section 132352.6 of the Public Utilities Code, and to amend Sections 1808.1, 2800, 2804, 2813, 5201, 14611, 22452, 22511.55, 24400, 26100, 26101, 26505, 29004, and 34518 of, and to add Sections 667 and 34500.4 to, the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST SB 1318, as introduced, Committee on Transportation and Housing. Vehicles: Department of Motor Vehicles: omnibus bill. (1) Existing law imposes on the employer of a driver who drives one of several specified vehicles, including a vehicle for the operation of which the driver is required to have an ambulance driver certificate, as specified, several requirements related to the driver's public record. A violation of those requirements is a crime. This bill would correct an erroneous cross-reference. (2) Existing law prohibits a driver from operating a commercial motor vehicle for a period of 90 days, 180 days, one year, or 3 years if the person is convicted of a specified violation of an out-of-service order issued by an authorized employee of the Department of the California Highway Patrol or by a uniformed peace officer. This bill would revise these provisions to include only out-of-service orders issued by an authorized employee of the Department of the California Highway Patrol or by an authorized enforcement officer, as defined. (3) Existing law authorizes a member of the Department of the California Highway Patrol, upon reasonable belief that any vehicle is being operated in violation of any provisions of the Vehicle Code or is in such unsafe condition as to endanger any person, to require the driver of the vehicle to stop and submit to an inspection of the vehicle, and its equipment, license plates, and registration card. Existing law also requires the driver of a commercial vehicle to stop and submit the vehicle to an inspection of the size, weight, equipment, and smoke emissions of the vehicle at any location where members of the Department of the California Highway Patrol are conducting tests and inspections of commercial vehicles and when signs are displayed requiring the stop. This bill would require a driver of a commercial motor vehicle who is stopped pursuant to the above provisions to present, upon demand, his or her driver's license and registration or cab card issued for the vehicle and to submit to a complete inspection of the driver and the commercial motor vehicle, including, but not limited to, the size, weight, equipment, smoke emissions, interior, cargo, license plates, and any other paper or document required by federal or state law to be in the driver's possession to determine compliance with commercial motor vehicle laws, rules and regulations. (4) Existing law authorizes the Department of Motor Vehicles to establish requirements for equipment and devices to be used on any vehicle and defines the types of vehicles for this purpose. Existing law requires that license plates be securely fastened at all times to the vehicle for which they are issued so as to prevent the plates from swinging, be mounted in a position so as to be clearly visible, and be maintained in a condition so as to be clearly legible. This bill would also require that license plates be parallel with the ground so that the characters are upright. (5) Existing law authorizes a disabled person or disabled veteran to apply to the Department of Motor Vehicles for the issuance of a distinguishing placard that may be used in lieu of the special license plate or plates issued for parking in a disabled person's parking space, when the placard is suspended from the rearview mirror or, if there is no rearview mirror, when it is displayed on the dashboard of the vehicle. This bill would also permit a distinguishing placard to be inserted into a clip designated for a distinguishing placard and installed by the manufacturer on the driver's side of the front window. (6) Existing law requires the Department of the California Highway Patrol to regulate the safe operation of commercial motor vehicles, including, among other things, controlled substances and alcohol testing of drivers by motor carriers, hours of service of drivers, equipment, fuel containers, fueling operations, inspection, maintenance, recordkeeping, accident reports, and drawbridges. This bill would require the department to adopt rules and regulations for driver qualification, criteria for vehicle equipment and maintenance, criteria for the transportation of hazardous materials or dangerous goods, and criteria for motor carriers operating specified motor vehicles that are consistent with the Commercial Vehicle Safety Alliance North American Standard Out-of-Service Criteria and for transporting hazardous materials, dangerous goods, and hazardous substances that are consistent with federal regulations, as those regulations now exist or are amended in the future. (7) Existing law defines various terms for the purposes of the Vehicle Code. This bill would define "utility trailer" for these purposes and would make other technical and conforming changes. (8) Under existing law, with certain exceptions, a violation of the Vehicle Code is a crime. Because this bill would change the definition of an existing crime, the bill would impose a state-mandated local program. (9) 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 14529.15 of the Government Code is repealed.  14529.15. (a) The commission shall make a report to the Legislature on or before February 1, 1999, and on or before February 1, 2001, assessing the relative success of the provisions of Senate Bill 45, as enacted during the 1997-98 Regular Session, in achieving the Legislature's intent for reform of the state transportation improvement program, and assessing program delivery, expenditure of funds at both regional and statewide levels, and program performance. (b) The Legislature intends that the 1998 State Transportation Improvement Program conform with the requirements of Senate Bill 45, as enacted during the 1997-98 Regular Session, to the maximum degree feasible, taking into account the limited time allowed between enactment of that bill and adoption of that program. The commission shall comply fully with all procedures and requirements of Senate Bill 45, as enacted during the 1997-98 Regular Session, in the preparation and adoption of the subsequent state transportation improvement programs. (c) The 1998 State Transportation Improvement Program shall cover a period of six years as a transition into a four-year programming period.  SEC. 2. Section 132352.6 of the Public Utilities Code is repealed.  132352.6. (a) The consolidated agency shall submit a report to the Governor and Legislature by December 31 of even-numbered years beginning in 2004, regarding progress in carrying out the provisions of this act. (b) On December 31, 2005, the Legislative Analyst's Office (LAO) shall submit a report to the Governor and the Legislature which shall evaluate and make recommendations on the consolidated agency in the following areas: (1) The effectiveness of the current governance structure within the region, including, but not limited to, public participation, accountability, proportional representation and to examine various alternative governance structures. (2) The effectiveness in addressing the transportation needs of the region, including coordination and efficiencies in transportation planning and implementation as a result of the consolidation. (3) The effectiveness of addressing quality of life indicators, including, but not limited to, land use patterns, a viable and sustainable economy, affordable public transportation, affordable housing, transportation mobility options, air and water quality, and open space and natural habitat preservation, including, but not limited to, the agency created by the act, and the county board of supervisors. (4) The adequacy of the scope and authority for regional decisionmaking. (c) The consolidated agency shall pay for the costs of the study which shall be capped at an amount not to exceed one hundred fifty thousand dollars ($150,000). (d) (1) After the Legislative Analyst's report has been submitted to the Governor and the Legislature as required by subdivision (b), if legislation is enacted that makes a change in the governance structure or the scope of the authority and responsibility of the consolidated agency, the change shall be submitted for approval at a regularly scheduled election to the voters residing within the jurisdiction of the consolidated agency prior to the implementation of those changes. (2) To provide opportunity for full regional public participation in any change made according to paragraph (1), the consolidated agency should convene regional working groups and take other steps that will allow for the greatest level of regionwide input from all segments of San Diego County and all interested groups and organizations. (3) This subdivision shall apply to legislation that specifically references this subdivision and shall remain in effect until the election required pursuant to paragraph (1) has occurred. After the election has occurred, this subdivision shall become inoperative.  SEC. 3. Section 667 is added to the Vehicle Code, to read: 667. (a) A "utility trailer" is a trailer or semitrailer used solely for the transportation of the user's personal property, not in commerce, which does not exceed a gross weight of 10,000 pounds or a manufacturer's gross vehicle weight rating of 10,000 pounds. (b) Notwithstanding subdivision (a), a "utility trailer" includes a trailer or semitrailer designed and used for the transportation of livestock, not in commerce, which does not exceed a gross weight of 10,000 pounds or a manufacturer's gross vehicle weight rating of 10,000 pounds. SEC. 4. Section 1808.1 of the Vehicle Code is amended to read: 1808.1. (a) The prospective employer of a driver who drives a vehicle specified in subdivision (k) shall obtain a report showing the driver's current public record as recorded by the department. For purposes of this subdivision, a report is current if it was issued less than 30 days prior to the date the employer employs the driver. The report shall be reviewed, signed, and dated by the employer and maintained at the employer's place of business until receipt of the pull-notice system report pursuant to subdivisions (b) and (c). These reports shall be presented upon request to an authorized representative of the Department of the California Highway Patrol during regular business hours. (b) The employer of a driver who drives a vehicle specified in subdivision (k) shall participate in a pull-notice system, which is a process for the purpose of providing the employer with a report showing the driver's current public record as recorded by the department, and any subsequent convictions, failures to appear, accidents, driver's license suspensions, driver's license revocations, or any other actions taken against the driving privilege or certificate, added to the driver's record while the employer's notification request remains valid and uncancelled. As used in this section, participation in the pull-notice system means obtaining a requester code and enrolling all employed drivers who drive a vehicle specified in subdivision (k) under that requester code. (c) The employer of a driver of a vehicle specified in subdivision (k) shall, additionally, obtain a periodic report from the department at least every 12 months. The employer shall verify that each employee's driver's license has not been suspended or revoked, the employee's traffic violation point count, and whether the employee has been convicted of a violation of Section 23152 or 23153. The report shall be signed and dated by the employer and maintained at the employer's principal place of business. The report shall be presented upon demand to an authorized representative of the Department of the California Highway Patrol during regular business hours. (d) Upon the termination of a driver's employment, the employer shall notify the department to discontinue the driver's enrollment in the pull-notice system. (e) For  the  purposes of the pull-notice system and periodic report process required by subdivisions (b) and (c), an owner, other than an owner-operator as defined in Section 34624, and an employer who drives a vehicle described in subdivision (k) shall be enrolled as if he or she were an employee. A family member and a volunteer driver who drives a vehicle described in subdivision (k) shall also be enrolled as if he or she were an employee. (f) An employer who, after receiving a driving record pursuant to this section, employs or continues to employ as a driver a person against whom a disqualifying action has been taken regarding his or her driving privilege or required driver's certificate, is guilty of a public offense, and upon conviction thereof, shall be punished by confinement in a county jail for not more than six months, by a fine of not more than one thousand dollars ($1,000), or by both that confinement and fine. (g) As part of its inspection of bus maintenance facilities and terminals required at least once every 13 months pursuant to subdivision (c) of Section 34501, the Department of the California Highway Patrol shall determine whether each transit operator, as defined in Section 99210 of the Public Utilities Code, is then in compliance with this section and Section 12804.6, and shall certify each operator found to be in compliance. Funds shall not be allocated pursuant to Chapter 4 (commencing with Section 99200) of Part 11 of Division 10 of the Public Utilities Code to a transit operator that the Department of the California Highway Patrol has not certified pursuant to this section. (h) A request to participate in the pull-notice system established by this section shall be accompanied by a fee determined by the department to be sufficient to defray the entire actual cost to the department for the notification service. For the receipt of subsequent reports, the employer shall also be charged a fee established by the department pursuant to Section 1811. An employer  who   that  qualifies pursuant to Section 1812 shall be exempt from any fee required pursuant to this section. Failure to pay the fee shall result in automatic cancellation of the employer's participation in the notification services. (i) The department, as soon as feasible, may establish an automatic procedure to provide the periodic reports to an employer by mail or via an electronic delivery method, as required by subdivision (c), on a regular basis without the need for individual requests. (j) (1) The employer of a driver who is employed as a casual driver is not required to enter that driver's name in the pull-notice system, as otherwise required by subdivision (a). However, the employer of a casual driver shall be in possession of a report of the driver's current public record as recorded by the department, prior to allowing a casual driver to drive a vehicle specified in subdivision (k). A report is current if it was issued less than six months prior to the date the employer employs the driver. (2) For  the  purposes of this subdivision, a driver is employed as a casual driver when the employer has employed the driver less than 30 days during the preceding six months. "Casual driver" does not include a driver who operates a vehicle that requires a passenger transportation endorsement. (k) This section applies to a vehicle for the operation of which the driver is required to have a class A or class B driver's license, a class C license with a hazardous materials endorsement, a class C license issued pursuant to Section 12814.7, or a certificate issued pursuant to Section  2512,  12517, 12519, 12520, 12523,  or  12523.5,  or 12527,  or a passenger vehicle having a seating capacity of not more than 10 persons, including the driver, operated for compensation by a charter-party carrier of passengers or passenger stage corporation pursuant to a certificate of public convenience and necessity or a permit issued by the Public Utilities Commission. (  l  ) This section shall not be construed to change the definition of "employer," "employee," or "independent contractor" for any purpose. (m) A motor carrier who contracts with a person to drive a vehicle described in subdivision (k) that is owned by, or leased to, that motor carrier, shall be subject to subdivisions (a), (b), (c), (d), (f), (j), (k), and (  l  ) and the employer obligations in those subdivisions. SEC. 5. Section 2800 of the Vehicle Code is amended to read: 2800. (a) It is unlawful to willfully fail or refuse to comply with a lawful order, signal, or direction of a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, when that peace officer is in uniform and is performing duties pursuant to any of the provisions of this code, or to refuse to submit to a lawful inspection pursuant to this code. (b) Except as authorized pursuant to Section 24004, it is unlawful to fail or refuse to comply with a lawful out-of-service order issued by an authorized employee of the Department of the California Highway Patrol or by  a uniformed peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, when that peace officer or authorized employee is performing duties pursuant to any provision of this code and the out-of-service order complies with Section 395.13 or 396.9 of Title 49 of the Code of Federal Regulations   an authorized enforcement officer as described in subdivision (d)  . (c) It is unlawful to fail or refuse to comply with a lawful out-of-service order issued by the United States Secretary of the Department of Transportation.  (d) It is unlawful to fail or refuse to comply with a lawful out-of-service order issued by a peace officer or commercial vehicle inspector, of any state, any Province of Canada, or the Federal Government of the United States, Canada, or Mexico, when that peace officer or commercial vehicle inspector is in uniform and is performing duties under any provisions of state, provincial, federal, or Mexican law and the out-of-service order complies with Section 395.13 or 396.9 of Title 49 of the Code of Federal Regulations.   (d) "Out-of-Service order" means a declaration by an authorized enforcement officer of a federal, state, Canadian, Mexican, or local jurisdiction that a driver, a commercial motor vehicle, or a motor carrier operation is out-of-service pursuant to Sections 386.72, 392.5, 392.9a, 395.13, or 396.9 of Title 49 of the Code of Federal Regulations, state law, or the North American Standard Out-of-Service Criteria.  SEC. 6. Section 2804 of the Vehicle Code is amended to read: 2804.  (a)    A member of the California Highway Patrol upon reasonable belief that  any   a  vehicle is being operated in violation of any provisions of this code or is in  such   an  unsafe condition  as to   that will  endanger  any   a  person, may require the driver of the vehicle to stop and submit to an inspection of the vehicle, and its equipment, license plates, and registration card.  (b) A driver of a commercial motor vehicle stopped pursuant to subdivision (a), shall, upon demand, present his or her driver's license and registration or cab card issued for the vehicle and shall submit to a complete inspection of the driver and the commercial motor vehicle, including, but not limited to, the size, weight, equipment, smoke emissions, interior, cargo, license plates, and any other paper or document required by federal or state law to be in the driver's possession to determine compliance with commercial motor vehicle laws, rules, and regulations.  SEC. 7. Section 2813 of the Vehicle Code is amended to read: 2813.  Every   (a)     A  driver of a commercial vehicle shall stop  and submit the vehicle to an inspection of the size, weight, equipment, and smoke emissions of the vehicle  at  any   a  location where members of the California Highway Patrol are conducting tests and inspections of commercial vehicles and when signs are displayed requiring the stop.  Every   (b)     A driver of a commercial motor vehicle stopped pursuant to subdivision (a), shall, upon demand, present his or her driver's license and registration or cab card issued for the vehicle and shall submit to a complete inspection of the driver and the commercial motor vehicle, including, but not limited to, the size, weight, equipment, smoke emissions, interior, cargo, license plates, and any other paper or document required by federal or state law to be in the driver's possession to determine compliance with commercial motor vehicle laws, rules, and   regulations. A  driver who fails or refuses to stop and submit  the vehicle  to an inspection when signs are displayed requiring that stop is guilty of a misdemeanor. SEC. 8. Section 5201 of the Vehicle Code is amended to read: 5201. License plates shall at all times be securely fastened to the vehicle for which they are issued so as to prevent the plates from swinging, shall be mounted in a position so as to be clearly visible,  parallel with the ground so that the characters are upright,  and shall be maintained in a condition so as to be clearly legible. The rear license plate shall be mounted not less than 12 inches nor more than 60 inches from the ground, and the front license plate shall be mounted not more than 60 inches from the ground, except as follows: (a) The rear license plate on a tow truck or repossessor's tow vehicle may be mounted on the left-hand side of the mast assembly at the rear of the cab of the vehicle, not less than 12 inches nor more than 90 inches from the ground. (b) The rear license plate on a tank vehicle hauling hazardous waste, as defined in Section 25117 of the Health and Safety Code, or asphalt material may be mounted not less than 12 inches nor more than 90 inches from the ground. (c) The rear license plate on a truck tractor may be mounted at the rear of the cab of the vehicle, but not less than 12 inches nor more than 90 inches from the ground. (d) The rear license plate of a vehicle designed by the manufacturer for the collection and transportation of garbage, rubbish, or refuse that is used regularly for the collection and transportation of that material by  any   a  person or governmental entity employed to collect, transport, and dispose of garbage, rubbish, or refuse may be mounted not less than 12 inches nor more than 90 inches from the ground. (e) The rear license plate on a two-axle livestock trailer may be mounted 12 inches or more, but not more than 90 inches, from the ground. (f) A covering shall not be used on license plates except as follows: (1) The installation of a cover over a lawfully parked vehicle to protect it from the weather and the elements does not constitute a violation of this subdivision.  Any   A  peace officer or other regularly salaried employee of a public agency designated to enforce laws, including local ordinances, relating to the parking of vehicles may temporarily remove so much of the cover as is necessary to inspect any license plate, tab, or indicia of registration on a vehicle. (2) The installation of a license plate security cover is not a violation of this subdivision if the device does not obstruct or impair the recognition of the license plate information, including, but not limited to, the issuing state, license plate number, and registration tabs, and the cover is limited to the area directly over the top of the registration tabs. No portion of a license plate security cover shall rest over the license plate number. (g) A casing, shield, frame, border, product, or other device that obstructs or impairs the reading or recognition of a license plate by an electronic device operated by state or local law enforcement, an electronic device operated in connection with a toll road, high-occupancy toll lane, toll bridge, or other toll facility, or a remote emission sensing device, as specified in Sections 44081 and 44081.6 of the Health and Safety Code, shall not be installed on, or affixed to, a vehicle. (h) (1) It is the intent of the Legislature that an accommodation be made to persons with disabilities and to those persons who regularly transport persons with disabilities, to allow the removal and relocation of wheelchair lifts and wheelchair carriers without the necessity of removing and reattaching the vehicle's rear license plate. Therefore, it is not a violation of this section if the reading or recognition of a rear license plate is obstructed or impaired by a wheelchair lift or wheelchair carrier and all of the following requirements are met: (A) The owner of the vehicle has been issued a special identification license plate pursuant to Section 5007, or the person using the wheelchair that is carried on the vehicle has been issued a distinguishing placard under Section 22511.55. (B) (i) The operator of the vehicle displays a decal, designed and issued by the department, that contains the license plate number assigned to the vehicle transporting the wheelchair. (ii) The decal is displayed on the rear window of the vehicle, in a location determined by the department, in consultation with the Department of the California Highway Patrol, so as to be clearly visible to law enforcement. (2) Notwithstanding any other  provision of  law, if a decal is displayed pursuant to this subdivision, the requirements of this code that require the illumination of the license plate and the license plate number do not apply. (3) The department shall adopt regulations governing the procedures for accepting and approving applications for decals, and issuing decals, authorized by this subdivision. (4) This subdivision does not apply to a front license plate. SEC. 9. Section 14611 of the Vehicle Code is amended to read: 14611.  No   (a)     A  person shall  not  knowingly direct the operation of a vehicle transporting  fissile class III shipments or large quantity   a highway route controlled quantity of Class 7  radioactive materials, as defined in Section  173.389   173.403  of Title 49 of the Code of Federal Regulations, by  an individual   a person  who does not possess a  training certificate pursuant to subdivision (b) of Section 12524 and a valid driver's  license of the appropriate class  with a radioactive materials driver' s certificate authorizing that transportation attached to the license  .  A   (b)     A  person convicted under this section shall be punished by a fine of not less than five thousand dollars ($5,000) nor more than ten thousand dollars ($10,000). SEC. 10. Section 22452 of the Vehicle Code is amended to read: 22452. (a) Subdivisions (b) and (d) apply to the operation of the following vehicles: (1) A bus or farm labor vehicle carrying passengers. (2) A motortruck transporting employees in addition to those riding in the cab. (3) A schoolbus and a school pupil activity bus transporting school pupils, except as otherwise provided in paragraph (4) of subdivision  (c)   (d)  . (4) A commercial motor vehicle transporting any quantity of a Division 2.3 chlorine, as classified by Title 49 of the Code of Federal Regulations. (5) A commercial motor vehicle that is required to be marked or placarded in accordance with the regulations of Title 49 of the Code of Federal Regulations with one of the following federal classifications: (A) Division 1.1. (B) Division 1.2, or Division 1.3. (C) Division 2.3 Poison gas. (D) Division 4.3. (E) Class 7. (F) Class 3 Flammable. (G) Division 5.1. (H) Division 2.2. (I) Division 2.3 Chlorine. (J) Division 6.1 Poison. (K) Division 2.2 Oxygen. (L) Division 2.1. (M) Class 3 Combustible liquid. (N) Division 4.1. (O) Division 5.1. (P) Division 5.2. (Q) Class 8. (R) Class Division 1.4. (S) A cargo tank motor vehicle, whether loaded or empty, used for the transportation of  any   a  hazardous material, as defined in Parts 107 to 180, inclusive, of Title 49 of the Code of Federal Regulations. (6) A cargo tank motor vehicle transporting a commodity that at the time of loading has a temperature above its flashpoint, as determined under Section 173.120 of Title 49 of the Code of Federal Regulations. (7) A cargo tank motor vehicle, whether loaded or empty, transporting  any   a  commodity under exemption in accordance with Subpart B of Part 107 of Title 49 of the Code of Federal Regulations. (b) Before traversing a railroad grade crossing, the driver of a vehicle described in subdivision (a) shall stop that vehicle not less than 15 nor more than 50 feet from the nearest rail of the track and while so stopped shall listen, and look in both directions along the track, for an approaching train and for signals indicating the approach of a train, and shall not proceed until he or she can do so safely. Upon proceeding, the gears shall not be shifted manually while crossing the tracks. (c) The driver of a commercial motor vehicle, other than those listed in subdivision (a), upon approaching a railroad grade crossing, shall be driven at a rate of speed that allows the commercial vehicle to stop before reaching the nearest rail of that crossing, and shall not be driven upon, or over, the crossing until due caution is taken to ascertain that the course is clear. (d) A stop need not be made at a crossing in the following circumstances: (1) Of railroad tracks running along and upon the roadway within a business or residence district. (2) Where a traffic officer or an official traffic control signal directs traffic to proceed. (3) Where an exempt sign was authorized by the Public Utilities Commission prior to January 1, 1978. (4) Where an official railroad crossing stop exempt sign in compliance with Section 21400 has been placed by the Department of Transportation or a local authority pursuant to Section 22452.5. This paragraph does not apply with respect to  any   a  schoolbus or to  any   a  school pupil activity bus  as defined in paragraph (3) of subdivision (a)  . SEC. 11. Section 22511.55 of the Vehicle Code is amended to read: 22511.55. (a) (1) A disabled person or disabled veteran may apply to the department for the issuance of a distinguishing placard. The placard may be used in lieu of the special license plate or plates issued under Section 5007 for parking purposes described in Section 22511.5 when  (A)  suspended from the rearview mirror  or,   , (B)  if there is no rearview mirror, when displayed on the dashboard of a vehicle  ,   or (C) inserted in a clip designated for a distinguishing placard and installed by the manufacturer on the driver's side of the front window  . It is the intent of the Legislature to encourage the use of these distinguishing placards because they provide law enforcement officers with a more readily recognizable symbol for distinguishing vehicles qualified for the parking privilege. The placard shall be the size, shape, and color determined by the department and shall bear the International Symbol of Access adopted pursuant to Section 3 of Public Law 100-641, commonly known as the "wheelchair symbol." The department shall incorporate instructions for the lawful use of a placard, and a summary of the penalties for the unlawful use of a placard, into the identification card issued to the placard owner. (2) (A) The department may establish procedures for the issuance and renewal of the placards. The placards shall have a fixed expiration date of June 30 every two years. A portion of the placard shall be printed in a contrasting color that shall be changed every two years. The size and color of this contrasting portion of the placard shall be large and distinctive enough to be readily identifiable by a law enforcement officer in a passing vehicle. (B) As used in this section, "year" means the period between the inclusive dates of July 1 through June 30. (C) Prior to the end of each year, the department shall, for the most current three years available, compare its record of disability placards issued against the records of the Bureau of Vital Statistics of the State Department of Health  Care  Services, or its successor, and withhold any renewal notices that otherwise would have been sent, for a placardholder identified as deceased. (3) Except as provided in paragraph (4), a person  is   shall  not  be  eligible for more than one placard at a time. (4) Organizations and agencies involved in the transportation of disabled persons or disabled veterans may apply for a placard for each vehicle used for the purpose of transporting disabled persons or disabled veterans. (b) (1) Prior to issuing an original distinguishing placard to a disabled person or disabled veteran, the department shall require the submission of a certificate, in accordance with paragraph (2), signed by the physician and surgeon, or to the extent that it does not cause a reduction in the receipt of federal aid highway funds, by a nurse practitioner, certified nurse midwife, or physician assistant, substantiating the disability, unless the applicant's disability is readily observable and uncontested. The disability of a person who has lost, or has lost use of, one or more lower extremities or one hand, for a disabled veteran, or both hands, for a disabled person, or who has significant limitation in the use of lower extremities, may also be certified by a licensed chiropractor. The blindness of an applicant shall be certified by a licensed physician and surgeon who specializes in diseases of the eye or a licensed optometrist. The physician and surgeon, nurse practitioner, certified nurse midwife, physician assistant, chiropractor, or optometrist certifying the qualifying disability shall provide a full description of the illness or disability on the form submitted to the department. (2) The physician and surgeon, nurse practitioner, certified nurse midwife, physician assistant, chiropractor, or optometrist who signs a certificate submitted under this subdivision shall retain information sufficient to substantiate that certificate and, upon request of the department, shall make that information available for inspection by the Medical Board of California or the appropriate regulatory board. (3) The department shall maintain in its records all information on an applicant's certification of permanent disability and shall make that information available to eligible law enforcement or parking control agencies upon a request pursuant to Section 22511.58. (c) A person who is issued a distinguishing placard pursuant to subdivision (a) may apply to the department for a substitute placard without recertification of eligibility, if that placard is lost or stolen. (d) The distinguishing placard shall be returned to the department not later than 60 days after the death of the disabled person or disabled veteran to whom the placard was issued. (e) The department shall print on any distinguishing placard issued on or after January 1, 2005, the maximum penalty that may be imposed for a violation of Section 4461. For  the  purposes of this subdivision, the "maximum penalty" is the amount derived from adding all of the following: (1) The maximum fine that may be imposed under Section 4461. (2) The penalty required to be imposed under Section 70372 of the Government Code. (3) The penalty required to be levied under Section 76000 of the Government Code. (4) The penalty required to be levied under Section 1464 of the Penal Code. (5) The surcharge required to be levied under Section 1465.7 of the Penal Code. (6) The penalty authorized to be imposed under Section 4461.3. SEC. 12. Section 24400 of the Vehicle Code is amended to read: 24400. (a) A motor vehicle, other than a motorcycle, shall  be:   (1)     Equipped   be equipped  with at least two headlamps, with at least one on each side of the front of the vehicle, and, except as to vehicles registered prior to January 1, 1930, they shall be located directly above or in advance of the front axle of the vehicle. The headlamps and every light source in any headlamp unit shall be located at a height of not more than 54 inches nor less than 22 inches.  (2) Operated   (b)     A motor vehicle, other than a motorcycle, shall be operated  during darkness, or inclement weather, or both, with at least two lighted headlamps that comply with  paragraph (1)   subdivision (a)  .  (b)   (c)  As used in  paragraph (2) of subdivision (a),   subdivision (b),  "inclement weather" is a weather condition that is either of the following: (1) A condition that prevents a driver of a motor vehicle from clearly discerning a person or another motor vehicle on the highway from a distance of 1,000 feet. (2) A condition requiring the windshield wipers to be in continuous use due to rain, mist, snow, fog, or other precipitation or atmospheric moisture. SEC. 13. Section 26100 of the Vehicle Code is amended to read: 26100.  No   (a)     A  person shall  n   ot  sell or offer for sale for use upon or as part of the equipment of a vehicle  , nor shall any person use upon a vehicle,  any lighting equipment, safety glazing material, or other device that does not meet the provisions of Section 26104.  This section does not apply to a taillamp or stop lamp in use on or prior to December 1, 1935.   (b) A person shall not use upon a vehicle, and a person shall not drive a vehicle upon a highway that is equipped with, any lighting equipment, safety glazing material, or other device that is not in compliance with Section 26104.   (c) This section does not apply to a taillamp or stop lamp in use on or prior to December 1, 1935.  SEC. 14. Section 26101 of the Vehicle Code is amended to read: 26101.  No   (a)    A  person shall  not  sell or offer for sale for use upon or as part of the equipment of a vehicle  , nor shall any person use upon a vehicle,  any device that is intended to modify the original design or performance of any lighting equipment, safety glazing material, or other device, unless the modifying device meets the provisions of Section 26104.  This section does not apply to a taillamp or stop lamp in use on or prior to December 1, 1935, or to lamps installed on authorized emergency vehicles.   (b) A person shall not use upon a vehicle, and a person shall not drive a vehicle upon a highway that has installed a device that is intended to modify the original design or performance of a lighting, safety glazing material, or other device, unless the modifying device complies with Section 26104.   (c) This section does not apply to a taillamp or stop lamp in use on or prior to December 1, 1935, or to lamps installed on authorized emergency vehicles.  SEC. 15. Section 26505 of the Vehicle Code is amended to read: 26505.  Every   A  motor vehicle equipped with airbrakes or equipped to operate airbrakes on towed vehicles shall be equipped with a pressure gauge of reliable and satisfactory construction and maintained in an efficient working condition, accurate within 10 percent of the actual air reservoir pressure, and visible and legible to the driver  at all times  . SEC. 16. Section 29004 of the Vehicle Code is amended to read: 29004. (a) (1) Except as required under paragraph (2),  every   a  towed vehicle shall be coupled to the towing vehicle by means of a safety chain, cable, or equivalent device in addition to the regular drawbar, tongue, or other connection. (2)  Any   A  vehicle towed by a tow truck shall be coupled to the tow truck by means of at least two safety chains in addition to the primary restraining system. The safety chains shall be securely affixed to the truck frame, bed, or towing equipment, independent of the towing sling, wheel lift, or under-reach towing equipment. (3)  Any   A  vehicle transported on a slide back carrier or conventional trailer shall be secured by at least four tiedown chains, straps, or an equivalent device, independent of the winch or loading cable. This subdivision  shall   does  not apply to vehicle bodies that are being transported in compliance with  Sections 1340 to 1344, inclusive, of Title 13 of the California Code of Regulations   Sections 393.100 to 393.136, inclusive, of Title 49 of the Code of Federal Regulations  . (b) All safety connections and attachments shall be of sufficient strength to control the towed vehicle in the event of failure of the regular hitch, coupling device, drawbar, tongue, or other connection. All safety connections and attachments also shall have a positive means of ensuring that the safety connection or attachment does not become dislodged while in transit. (c) No more slack may be left in a safety chain, cable, or equivalent device than is necessary to permit proper turning. When a drawbar is used as the towing connection, the safety chain, cable, or equivalent device shall be connected to the towed and towing vehicle and to the drawbar so as to prevent the drawbar from dropping to the ground if the drawbar fails. (d)  Subdivision   Paragraphs (1) and (2) of subdivision  (a)  does   do  not apply to a semitrailer having a connecting device composed of a fifth wheel and kingpin assembly, and  it does   do  not apply to a towed motor vehicle when steered by a person who holds a license for the type of vehicle being towed. (e) For purposes of this section, a "tow truck" includes both of the following: (1) A repossessor's tow vehicle, as defined in subdivision (b) of Section 615. (2) An automobile dismantler's tow vehicle, as defined in subdivision (c) of Section 615. (f)  Vehicles   A vehicle  towed by a repossessor's tow vehicle, as defined in subdivision (b) of Section 615,  are  is  exempt from the multisafety chain requirement of paragraph (2) of subdivision (a) so long as the vehicle is not towed more than one mile on a public highway and is secured by one safety chain. SEC. 17. Section 34500.4 is added to the Vehicle Code, to read: 34500.4. (a) The department shall adopt rules and regulations that are designed to promote the safe operation of vehicles regarding criteria for driver qualification, criteria for vehicle equipment and maintenance, criteria for the transportation of hazardous materials or dangerous goods, and criteria for motor carriers operating a motor vehicle, as described in Section 34500. The regulations shall be consistent with the Commercial Vehicle Safety Alliance North American Standard Out-of-Service Criteria, as those criteria now exist or are amended in the future. (b) The department shall adopt rules and regulations that are designed to promote the safe operation of vehicles transporting hazardous materials, dangerous goods, and hazardous substances. The regulations shall be consistent with Subchapter A (commencing with Part 105) and Subchapter C (commencing with Part 171) of Title 49 of the Code of Federal Regulations, as those regulations now exist or are amended in the future. SEC. 18. Section 34518 of the Vehicle Code is amended to read: 34518. (a) A foreign motor carrier or foreign private motor carrier required to have a certificate of registration issued by the United States Secretary of the Department of Transportation pursuant to Part 368 (commencing with Section 368.1)  , or required to be registered pursuant to Part 365 (commencing with Section 365.101),  of Title 49 of the Code of Federal Regulations shall not do any of the following: (1) Operate in this state without the required certificate in the vehicle. (2) Operate beyond the limitations or restrictions specified in the certificate as issued. (3) Refuse to show the certificate upon request of a peace officer. (4) Provide point-to-point transportation services, including express delivery services, within the United States for goods other than international cargo. (b) A motor carrier required to be registered with the United States Secretary of the Department of Transportation pursuant to Section 13902 of Title 49 of the United States Code  or   , Part 365 (commencing with Section 365.101),  Part 390 (commencing with Section 390.1)  , or Section 392.9a  of Title 49 of the Code of Federal Regulations shall not do any of the following: (1) Operate in this state without the required registration. (2) Operate beyond the limitations or restrictions specified in its registration. (3) Operate in this state without the required operating authority. (c) A violation of subdivision (a) or subdivision (b) is an infraction punishable by a fine of one thousand dollars ($1,000). (d) A member of the Department of the California Highway Patrol may impound a vehicle operated in violation of subdivision (a) or subdivision (b) and its cargo, until the citation and all charges related to the impoundment are cleared. The impoundment charges are the responsibility of the vehicle's owner. (e) (1) A motor carrier granted permanent operating authority pursuant to  Part 368 (commencing with Section 368.1) of Title 49 of the Code of Federal Regulations   subdivision (a)  shall not operate a vehicle on a highway, unless the vehicle is inspected by a Commercial Vehicle Safety Alliance-certified inspector every three months and displays a current safety inspection decal attesting to the successful completion of those inspections for at least three years after receiving permanent operating authority. (2) Paragraph (1) does not apply to a motor carrier granted authority to operate solely in a commercial zone on the United States-Mexico International Border. (f) As used in this section "limitations" or "restrictions" include definitions of "commercial zones," "municipality," "contiguous municipalities," "unincorporated area," and "terminal areas," in Part 372 (commencing with Section 372.101) of Title 49 of the Code of Federal Regulations. SEC. 19. 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.