California Assembly Bill AB2906 Introduced / Bill

 BILL NUMBER: AB 2906INTRODUCED BILL TEXT INTRODUCED BY Committee on Transportation (Assembly Members Frazier (Chair), Achadjian (Vice Chair), Baker, Bloom, Campos, Chu, Daly, Dodd, Eduardo Garcia, Gomez, Kim, Linder, Medina, Melendez, Nazarian, and O'Donnell) MARCH 7, 2016 An act to amend Sections 12527, 21107.8, 22502, 25802, and 27903 of, and to repeal Section 5101.7 of, the Vehicle Code, relating to transportation. LEGISLATIVE COUNSEL'S DIGEST AB 2906, as introduced, Committee on Transportation. Transportation: omnibus bill. (1) Existing law authorizes the issuance of commemorative 1984 Olympic reflectorized license plates in lieu of regular license plates, as specified. Existing law requires that the issue, renewal, cancellation, retention, and transfer of the Olympic plates be subject to specified provisions as if they were environmental license plates, including, among others, provisions that impose a $48 registration fee and a $38 renewal fee for the issuance of the plates. This bill would repeal the provisions that require the Olympic plates to be subject to the environmental license plates provisions described above. (2) Existing law requires a vehicle stopped or parked upon a roadway where there are adjacent curbs to be stopped or parked with the wheels of the vehicle parallel to, and within 18 inches of, the curb, as provided, except as specified. This bill would additionally apply these provisions to vehicles stopped or parked upon a roadway where there are adjacent class IV bikeways, as defined. (3) Existing law requires any vehicle transporting any explosive, blasting agent, flammable liquid, flammable solid, oxidizing material, corrosive, compressed gas, poison, radioactive material, or other hazardous materials, of the type and in quantities that require the display of placards or markings on the vehicle exterior by regulations of the United States Department of Transportation, to display those placards and markings as prescribed by those regulations. This bill would also prohibit a vehicle described above from displaying other markings or placards on the vehicle exterior unless permitted or required by specified federal regulations. (4) This bill would make other technical and clarifying changes. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 5101.7 of the Vehicle Code is repealed.  5101.7. (a) Until December 31, 1984, any person described in Section 5101 may also apply for a set of commemorative 1984 Olympic reflectorized license plates and the department shall issue those special license plates in lieu of the regular license plates. No commemorative 1984 Olympic reflectorized license plates shall be issued pursuant to an application therefor which is submitted on or after January 1, 1985, but the holder of those plates may thereafter renew or retain them, or transfer them to another vehicle, subject to this article. (b) Except as provided in this section, the issue, renewal, cancellation, retention, and transfer of the commemorative 1984 Olympic reflectorized license plates shall be subject to the provisions of this article as if they were environmental license plates. Until December 31, 1989, duplicate, replacement plates shall be identical commemorative 1984 Olympic reflectorized license plates of the same letter, number, and design as originally issued. On and after January 1, 1990, duplicate or replacement plates shall be provided pursuant to this article. (c) Notwithstanding the color, design, and number of digit requirements of Section 5102, the department shall design the commemorative 1984 Olympic reflectorized license plates, which shall be reflectorized license plates issued pursuant to Section 4850. The commemorative 1984 Olympic reflectorized license plates shall be of a distinctive design, as determined by the department after consultation with the Los Angeles Olympic Organizing Committee.  SEC. 2. Section 12527 of the Vehicle Code is amended to read: 12527. In addition to satisfying all requirements specified in this code and  in  regulations adopted pursuant to this code, an applicant for an ambulance driver certificate shall satisfy all of the following requirements: (a) Except as otherwise provided, every ambulance driver responding to an emergency call or transporting patients shall be at least 18 years of age, hold a driver's license valid in California, possess a valid ambulance driver certificate, and be trained and competent in ambulance operation and the use of safety and emergency care equipment required by the California Code of Regulations governing ambulances. (b) Except as provided in subdivision (f),  no   a  person shall  not  operate an ambulance unless the person has in his or her immediate possession a driver's license for the appropriate class of vehicle to be  driven,   driven  and a certificate issued by the department to permit the operation of an ambulance. (c) An ambulance driver certificate  may   shall only  be issued by the department  only  upon the successful completion of an examination conducted by the department and subject to all of the following conditions: (1) An applicant for an original or renewal driver certificate shall submit a report of medical examination on a form approved by the department, the Federal  Highway Administration,   Motor Carrier Safety Administration,  or the Federal Aviation Administration. The report shall be dated within the two years preceding the application date. (2) An applicant for an original driver certificate shall submit an acceptable fingerprint card. (3) The certificate to drive an ambulance shall be valid for a period not exceeding five years and six months and shall expire on the same date as the driver's license. The ambulance driver certificate shall  only  be valid  only  when both of the following conditions exist: (A) The certificate is accompanied by a medical examination certificate that was issued within the preceding two years and approved by the department,  the  Federal  Highway Administration,   Motor Carrier Safety Administration  or  the  Federal Aviation Administration. (B) A copy of the medical examination report  from   based upon  which the certificate was issued is on file with the department. (4) The ambulance driver certificate is renewable under conditions prescribed by the department. Except as  permitted under   provided in  paragraphs (2) and (3) of subdivision (d), applicants renewing an ambulance driver certificate shall possess certificates or licenses evidencing compliance with the emergency medical training and educational standards for ambulance attendants established by the Emergency Medical Service Authority. (d) (1) Every ambulance driver shall have been trained to assist the ambulance attendant in the care and handling of the ill and injured. Except as provided in paragraph (2), the driver of a California-based ambulance shall, within one year of initial issuance of the driver's ambulance driver certificate, possess a certificate or license evidencing compliance with the emergency medical training and educational standards established for ambulance attendants by the Emergency Medical Service Authority. In those emergencies requiring both the regularly assigned driver and attendant to be utilized in providing patient care, the specialized emergency medical training requirement shall not apply to persons temporarily detailed to drive the ambulance. (2) Paragraph (1) does not apply to an ambulance driver who is a volunteer driver for a volunteer ambulance service under the circumstances specified in this paragraph, if the service is provided in the unincorporated areas of a county with a population of less than 125,000 persons, as determined by the most recent federal decennial census. The operation of an ambulance  under   subject to  this paragraph shall only apply if the name of the driver and the volunteer ambulance service and facts substantiating the public health necessity for an exemption are submitted to the department by the county board of supervisors and by at least one of the following entities in the county where the driver operates the ambulance: (A) The county health officer. (B) The county medical care committee. (C) The local emergency medical services agency coordinator. (3) The information required by paragraph (2) shall be submitted to the department at the time of application for an ambulance driver certificate. Upon receipt of that information, the department shall restrict the certificate holder to driving an ambulance for the volunteer ambulance service. (4) The director may terminate any certificate issued pursuant to paragraph (2) at any time the department determines that the qualifying conditions specified  therein  no longer exist. (5) The exemption granted pursuant to paragraph (2) shall expire on the expiration date of the ambulance driver certificate.  (e) A person holding a valid certificate to permit the operation of an ambulance, issued prior to January 1, 1991, shall not be required to reapply for a certificate to satisfy the requirements of this section until the certificate he or she holds expires or is canceled or revoked.   (f)   (e)  An ambulance certificate is not required for persons operating ambulances in the line of duty as salaried, regular, full-time police officers, deputy sheriffs, or members of a fire department of a public agency. This exemption does not include volunteers and part-time employees or members of a department whose duties are primarily clerical or administrative. SEC. 3. Section 21107.8 of the Vehicle Code is amended to read: 21107.8. (a) (1)  Any city or county   A city, county, or city and county  may, by ordinance or resolution, find and declare that there are privately owned and maintained offstreet parking facilities as described in the ordinance or resolution within the  city or county   city, county, or city and county  that are generally held open for use of the public for purposes of vehicular parking. Upon enactment by  a city or county   a city, county, or city and county  of the ordinance or resolution, Sections 22350, 23103, and 23109 and the provisions of Division 16.5 (commencing with Section 38000) shall apply to privately owned and maintained offstreet parking facilities, except as provided in subdivision (b). (2) (A) If  a city or county   a city, county, or city and county  enacts an ordinance or resolution authorized by paragraph (1),  a city or county   the city, county, or city and county  may include in that ordinance or resolution authorization for the operator of a privately owned and maintained offstreet parking facility to regulate unauthorized parking in that facility. (B) (i) If  a city or county  a city, county, or city and county  has exercised its authority pursuant to subparagraph (A) and unauthorized parking is regulated in a privately owned and maintained offstreet parking facility, the owner or operator of that facility shall include in a parking fee invoice instructions that describe the manner in which to contest the parking fee invoice. (ii) If  a city or county  a city, county, or city and county  has exercised its authority pursuant to subparagraph (A) and unauthorized parking is regulated in a privately owned and maintained offstreet parking facility, the owner or operator of that facility shall not file with, or transmit to, the Department of Motor Vehicles a parking fee invoice for the purpose of having the Department of Motor Vehicles attempt to collect unpaid parking fees by refusing to issue or renew a license pursuant to Section 12808.1 or refusing to renew the registration of a vehicle pursuant to Section 4760. (b) (1) Notwithstanding subdivision (a), an ordinance or resolution enacted  thereunder   pursuant to that subdivision  does not apply to  any   an  offstreet parking facility  described in that subdivision unless the owner or operator has caused to be posted in a conspicuous place at each entrance to that offstreet parking facility a notice not less than 17 by 22 inches in size with lettering not less than one inch in height, to the effect that the offstreet parking facility is subject to public moving vehicle laws and violators may be subject to a parking invoice fee. (2) If applicable, a parking receipt distributed to drivers shall include language explicitly stating that violators may be subject to a parking invoice fee. (c)  No   An  ordinance or resolution shall  not  be enacted  under   pursuant to  subdivision (a) without a public hearing  thereon   on the matter  and 10 days prior written notice to the owner and operator of the privately owned and maintained offstreet parking facility involved. (d) Section 22507.8 may be enforced without enactment of an ordinance or resolution as required  under   pursuant to  subdivision (a) or the posting of a notice at each entrance to the offstreet parking facility as required  under   by  paragraph (1) of subdivision (b). (e) The department shall not be required to provide patrol or  to  enforce any  provisions   provision  of this code  on any   in a  privately owned and maintained offstreet parking facility subject to  the provisions of this code under  this section except those provisions applicable to private property  other than by action under   actions not described in  this section. (f)  A city or county   A city, county, or city and county  that authorizes private parking regulation pursuant to this section shall, in its ordinance or resolution, include provisions that include all of the following: (1) Procedures  of   for  dispute resolution in accordance with  those procedures set forth in  Section 40215,  which shall include all of the following:  including all of the following:  (A) A written and publicly available dispute resolution policy that includes specified time periods for notifications, review, and appeal. (B) An administrative hearing process that includes all of the following: (i) Options for a hearing in person or by mail. (ii) Administrative review. (iii) A hearing by a third-party examiner who has been adequately trained and who provides an independent, objective, fair, and impartial review. (iv) Personal delivery or delivery by first-class mail of  an   the  examiner's decision. (v) Authority for the examiner to allow payment of the parking  charge   invoice fee  in installments for persons showing evidence of inability to pay the parking  charge   invoice fee  in full. (2) A prohibition against incentives based on the number of invoices issued or the number or  percent   percentage  of disputed invoices adjudicated that uphold parking  charges.   invoice fees.  (3) A cap on a parking invoice fee that is commensurate with the most nearly equivalent municipal parking fine. (4) Measures to prevent a private parking regulator from representing itself as a government enforcement agency, including a prohibition against  the  use of terminology  in ordinances or resolutions, and in parking fee invoices, which are   in ordinances, resolutions, and parking fee invoices that is  restricted to governmental law  enforcement,   enforcement  and a requirement  for   that  a conspicuous statement  be included  on parking fee invoices to the effect that "This parking  charge   invoice fee  notice is not issued by the  local government]." SEC. 4. Section 22502 of the Vehicle Code is amended to read: 22502. (a) Except as otherwise provided in this chapter, a vehicle stopped or parked upon a roadway  where there are   with  adjacent curbs  or class IV bikeways, as defined in Section 890.4 of the Streets and Highways Code,  shall be stopped or parked with the right-hand wheels of the vehicle parallel  with and within 18 inches of   to, and within 18 inches of,  the right-hand  curb,   curb or the right-hand edge of the class IV bikeway,  except that a motorcycle shall be parked with at least one wheel or fender touching the right-hand curb  . Where no curbs or barriers   or edge. If no curbs, barriers, or class IV bikeways  bound a two-way roadway, right-hand parallel parking is required unless otherwise indicated. (b) (1) The provisions of subdivision (a) or (e) do not apply to a commercial vehicle if a variation from the requirements of subdivision (a) or (e) is reasonably necessary to accomplish the loading or unloading of merchandise or passengers on, or from, a vehicle and while anything connected with the loading, or unloading, is being executed. (2) This subdivision does not permit a vehicle to stop or park upon a roadway in a direction opposite to that in which traffic normally  moves upon that half of the roadway on which the vehicle is stopped or parked.   moves.  (c) Notwithstanding subdivision (b), a local authority may, by ordinance, prohibit a commercial vehicle from stopping, parking, or standing on one side of a roadway in a business district with the wheels of the vehicle more than 18 inches from the  curb.   curb or the edge of a class IV bikeway.  The ordinance shall be effective only if signs are placed  in the areas to which it is applicable  clearly indicating the  prohibition.   prohibition in the areas to which it applies.  (d) This section does not apply to vehicles of a public utility when the vehicles are being used in connection with the operation, maintenance, or repair of facilities of the public utility or are being used in connection with providing public utility service. (e) (1) Upon a one-way roadway, a vehicle may be stopped or parked as provided in subdivision (a) or with the left-hand wheels parallel  to and within 18 inches of   to, and within 18 inches of,  the left-hand  curb,   curb or left-hand edge of a class IV bikeway,  except that a motorcycle, if parked on the left-hand side, shall have either one wheel or one fender touching the curb  . Where no curb or barriers   or edge. If no curb, barriers, or class IV bikeway  bound a one-way roadway, parallel parking on either side is required unless otherwise indicated. (2) This subdivision does not apply upon a roadway of a divided highway. (f) (1) The City of Long Beach may, by ordinance or resolution, implement a pilot program to authorize vehicles to park on the left-hand side of the roadway parallel to and within 18 inches of the left-hand curb on two-way local residential streets that dead-end with no cul-de-sac or other designated area in which to turn around, if the City of Long Beach has first made a finding, supported by a professional engineering study, that the ordinance or resolution is justified by the need to facilitate the safe and orderly movement of vehicles on the roadways affected by the resolution or ordinance. The area covered by the ordinance or resolution shall be limited to the streets perpendicular to Ocean Boulevard beginning at Balboa Place and ending at 72nd Place, but shall not cover 62nd Place. The ordinance or resolution permitting that parking shall not apply until signs or markings giving adequate notice have been placed near the designated roadways. The city shall submit to the Legislature, two years from the date of the enactment of the ordinance or resolution that establishes the pilot program, a report that outlines the advantages and disadvantages of the pilot program. The report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. (2) The pilot program authorized under this subdivision shall terminate, and this subdivision shall become inoperative, three years from the date of enactment of the ordinance or resolution that establishes the pilot program. SEC. 5. Section 25802 of the Vehicle Code is amended to read: 25802. Sections 24002, 24005, 24012, 24250, 24251, 24400 to 24404, inclusive, 24600 to 24604, inclusive, 24606 to 24610, inclusive, Article 4 (commencing with Section 24800), Article 5 (commencing with Section 24950), Article 6 (commencing with Section 25100), Article 9 (commencing with Section 25350), Article 11 (commencing with Section 25450), and Article 13 (commencing with Section 25650) of Chapter 2 of this division, Chapter 3 (commencing with Section 26301), Chapter 4 (commencing with Section 26700), and Chapter 5 (commencing with Section 27000) of this division,  and Chapter 2 (commencing with Section 29200), Chapter 3 (commencing with Section 29800), Chapter 4 (commencing with Section 30800),  and Chapter 5 (commencing with Section 31301) of Division 13 do not apply to logging vehicles or any vehicle of a type subject to registration under this code that is not designed, used, or maintained for the transportation of persons or property and that is operated or moved over a highway only incidentally ; but any such vehicle shall be subject to Sections 2800, 2806, 24004, 25260, 25803, 25950, 25952, 26457, 27454, 27602, 31500, and 40150, and to Article 12 (commencing with Section 25500) of Chapter 2 of this division. SEC. 6. Section 27903 of the Vehicle Code is amended to read: 27903. (a) Subject to Section 114765 of the Health and Safety Code,  any   a  vehicle transporting  any   an  explosive, blasting agent, flammable liquid, flammable solid, oxidizing material, corrosive, compressed gas, poison, radioactive material, or other hazardous materials, of the type and in quantities that require the display of placards or markings on the vehicle exterior by the United States Department of Transportation  regulations (49 C.F.R., Parts 172, 173, and 177),   pursuant to Parts 172, 173, and 177 of Title 49 of the Code of Federal Regulations  shall display  the   those  placards and markings in the manner and under conditions prescribed by those  regulations of the United States Department of Transportation.   regulations.   (b) A vehicle described in subdivision (a) shall not display other markings or placards on the vehicle exterior unless permitted or required by Subparts D and F of Part 172 of Title 49 of the Code of Federal Regulations.   (b)   (c)    This section does not apply to the following: (1)  Any   A  vehicle transporting not more than 20 pounds of smokeless powder or not more than five pounds of black sporting powder or any combination thereof. (2) An authorized emergency vehicle as defined in paragraph (1) of subdivision (b) of Section 165, operated by a peace officer as defined in Sections 830.1 and 830.2 of the Penal Code, when transportation is required within the scope and course of law enforcement explosives detection or removal duties, provided one of the following conditions applies: (A) The law enforcement agency operating the vehicle complies with regulations adopted by the California Highway Patrol pursuant to subdivision (b) of Section 34501, notwithstanding Section 34500 and subdivision (a) of Section 34501. (B) The peace officer possesses an exemption issued by the commissioner, who may require additional transportation restrictions as deemed appropriate.