| 1 | | - | Senate Bill No. 68 CHAPTER 699An act to amend Section 34501.2 of the Vehicle Code, relating to vehicles. [ Approved by Governor October 10, 2023. Filed with Secretary of State October 10, 2023. ] LEGISLATIVE COUNSEL'S DIGESTSB 68, McGuire. Vehicles: safety regulations.Existing law requires the Department of the California Highway Patrol to regulate the safe operation of certain vehicles, including buses, truck tractors, and trailers, and to adopt certain rules and regulations pertaining to the operation of those vehicles.Existing law requires these regulations to include certain maximum driving times within a work period, including a maximum driving time of 10 hours for a driver of a tank vehicle with a capacity of more than 500 gallons transporting flammable liquid, and to prohibit a driver from driving for any period after having been on duty for 80 hours in any consecutive 8 days.This bill would authorize the department to, by regulation, allow a driver to exceed these limits during a declared state of emergency if transporting fuel used for refueling aircraft used in emergency-related activities, including fire suppression.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 34501.2 of the Vehicle Code is amended to read:34501.2. (a) The regulations adopted under Section 34501 for vehicles engaged in interstate or intrastate commerce shall establish hours-of-service regulations for drivers of those vehicles that are consistent with the hours-of-service regulations adopted by the United States Department of Transportation in Part 395 of Title 49 of the Code of Federal Regulations, as those regulations now exist or are hereafter amended.(b) The regulations adopted under Section 34501 for vehicles engaged in intrastate commerce that are not transporting hazardous substances or hazardous waste, as those terms are defined by regulations in Section 171.8 of Title 49 of the Code of Federal Regulations, as those regulations now exist or are hereafter amended, shall have the following exceptions:(1) (A) The maximum driving time within a work period shall be 12 hours for a driver of a truck or truck tractor, except for a driver of a tank vehicle with a capacity of more than 500 gallons transporting flammable liquid, who shall not drive for more than 10 hours within a work period.(B) Notwithstanding subparagraph (A), the regulations may, consistent with applicable federal laws and regulations, authorize the driver of a tank vehicle with a capacity of more than 500 gallons to exceed the maximum driving time prescribed in subparagraph (A) and on-duty time prescribed in paragraph (2) during a state of emergency declared by the Governor when operating within the state to transport fuel, pursuant to a contract with this state or the United States, used for the purpose of refueling aircraft used in emergency-related activities, including fire suppression.(2) Except as provided in subparagraph (B) of paragraph (1), a motor carrier shall not permit or require a driver to drive, nor shall any driver drive, for any period after having been on duty for 80 hours in any consecutive eight days.(3) (A) A driver employed by an electrical corporation, as defined in Section 218 of the Public Utilities Code, a local publicly owned electric utility, as defined in Section 224.3 of that code, a gas corporation, as defined in Section 222 of that code, a telephone corporation, as defined in Section 234 of that code, a water corporation, as defined in Section 241 of that code, or a public water district as defined in Section 20200 of the Water Code, is exempt from all hours-of-service regulations while operating a public utility or public water district vehicle.(B) A driver hired directly as a contractor by an electrical corporation, a local publicly owned electric utility, a gas corporation, a telephone corporation, a water corporation, or a public water district, as those entities are defined in subparagraph (A), or as a subcontractor hired directly by the original contractor, is exempt from all hours-of-service regulations while operating a vehicle for the purpose of restoring utility service during an emergency on behalf of the entity that hired the original contractor. The driver shall maintain a drivers record of duty status and shall keep a duplicate copy in their possession when driving a vehicle subject to this chapter. These records shall be presented immediately upon request by any authorized employee of the department, or any police officer or deputy sheriff.(C) For purposes of subparagraph (B), emergency means a sudden, unexpected occurrence involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services.Unexpected occurrence includes, but is not limited to, fires, floods, earthquakes or other soil or geologic movements, riots, accidents, inclement weather, natural disaster, sabotage, or other occurrence, whether natural or man-made, that interrupts the delivery of essential services, such as electricity, medical care, sewer, water, telecommunications, and telecommunication transmissions, or otherwise immediately threatens human life or public welfare.(4) Any other exceptions applicable to drivers assigned to governmental fire suppression and prevention, as determined by the department.(5) A driver employed by a law enforcement agency, as defined in Section 390.3(f)(2) of Title 49 of the Code of Federal Regulations, as that section now exists or is hereafter amended, during an emergency or to restore the public peace.(c) The regulations adopted under Section 34501 for vehicles engaged in the transportation of farm products in intrastate commerce shall include all of the following provisions:(1) A driver employed by an agricultural carrier, including a carrier holding a seasonal permit, or by a private carrier, when transporting farm products from the field to the first point of processing or packing, shall not drive for any period after having been on duty 16 hours or more following 8 consecutive hours off duty and shall not drive for any period after having been on duty for 112 hours in any consecutive eight-day period, except that a driver transporting special situation farm products from the field to the first point of processing or packing, or transporting livestock from pasture to pasture, may be permitted, during one period of not more than 28 consecutive days or a combination of two periods totaling not more than 28 days in a calendar year, to drive for not more than 12 hours during any workday of not more than 16 hours. A driver who thereby exceeds the driving time limits specified in paragraph (2) of subdivision (b) shall maintain a drivers record of duty status, and shall keep a duplicate copy in their possession when driving a vehicle subject to this chapter. These records shall be presented immediately upon request by any authorized employee of the department, or any police officer or deputy sheriff.(2) Upon the request of the Director of Food and Agriculture, the commissioner may, for good cause, temporarily waive the maximum on-duty time limits applicable to any eight-day period when an emergency exists due to inclement weather, natural disaster, or an adverse economic condition that threatens to disrupt the orderly movement of farm products during harvest for the duration of the emergency. For purposes of this paragraph, an emergency does not include a strike or labor dispute.(3) For purposes of this subdivision, the following terms have the following meanings:(A) Farm products means every agricultural, horticultural, viticultural, or vegetable product of the soil, honey and beeswax, oilseeds, poultry, livestock, milk, or timber.(B) First point of processing or packing means a location where farm products are dried, canned, extracted, fermented, distilled, frozen, ginned, eviscerated, pasteurized, packed, packaged, bottled, conditioned, or otherwise manufactured, processed, or preserved for distribution in wholesale or retail markets.(C) Special situation farm products means fruit, tomatoes, sugar beets, grains, wine grapes, grape concentrate, cotton, or nuts. |
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| 1 | + | Enrolled September 15, 2023 Passed IN Senate September 13, 2023 Passed IN Assembly September 06, 2023 Amended IN Assembly August 31, 2023 Amended IN Assembly June 26, 2023 Amended IN Senate March 20, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 68Introduced by Senator McGuireJanuary 05, 2023An act to amend Section 34501.2 of the Vehicle Code, relating to vehicles.LEGISLATIVE COUNSEL'S DIGESTSB 68, McGuire. Vehicles: safety regulations.Existing law requires the Department of the California Highway Patrol to regulate the safe operation of certain vehicles, including buses, truck tractors, and trailers, and to adopt certain rules and regulations pertaining to the operation of those vehicles.Existing law requires these regulations to include certain maximum driving times within a work period, including a maximum driving time of 10 hours for a driver of a tank vehicle with a capacity of more than 500 gallons transporting flammable liquid, and to prohibit a driver from driving for any period after having been on duty for 80 hours in any consecutive 8 days.This bill would authorize the department to, by regulation, allow a driver to exceed these limits during a declared state of emergency if transporting fuel used for refueling aircraft used in emergency-related activities, including fire suppression.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 34501.2 of the Vehicle Code is amended to read:34501.2. (a) The regulations adopted under Section 34501 for vehicles engaged in interstate or intrastate commerce shall establish hours-of-service regulations for drivers of those vehicles that are consistent with the hours-of-service regulations adopted by the United States Department of Transportation in Part 395 of Title 49 of the Code of Federal Regulations, as those regulations now exist or are hereafter amended.(b) The regulations adopted under Section 34501 for vehicles engaged in intrastate commerce that are not transporting hazardous substances or hazardous waste, as those terms are defined by regulations in Section 171.8 of Title 49 of the Code of Federal Regulations, as those regulations now exist or are hereafter amended, shall have the following exceptions:(1) (A) The maximum driving time within a work period shall be 12 hours for a driver of a truck or truck tractor, except for a driver of a tank vehicle with a capacity of more than 500 gallons transporting flammable liquid, who shall not drive for more than 10 hours within a work period.(B) Notwithstanding subparagraph (A), the regulations may, consistent with applicable federal laws and regulations, authorize the driver of a tank vehicle with a capacity of more than 500 gallons to exceed the maximum driving time prescribed in subparagraph (A) and on-duty time prescribed in paragraph (2) during a state of emergency declared by the Governor when operating within the state to transport fuel, pursuant to a contract with this state or the United States, used for the purpose of refueling aircraft used in emergency-related activities, including fire suppression.(2) Except as provided in subparagraph (B) of paragraph (1), a motor carrier shall not permit or require a driver to drive, nor shall any driver drive, for any period after having been on duty for 80 hours in any consecutive eight days.(3) (A) A driver employed by an electrical corporation, as defined in Section 218 of the Public Utilities Code, a local publicly owned electric utility, as defined in Section 224.3 of that code, a gas corporation, as defined in Section 222 of that code, a telephone corporation, as defined in Section 234 of that code, a water corporation, as defined in Section 241 of that code, or a public water district as defined in Section 20200 of the Water Code, is exempt from all hours-of-service regulations while operating a public utility or public water district vehicle.(B) A driver hired directly as a contractor by an electrical corporation, a local publicly owned electric utility, a gas corporation, a telephone corporation, a water corporation, or a public water district, as those entities are defined in subparagraph (A), or as a subcontractor hired directly by the original contractor, is exempt from all hours-of-service regulations while operating a vehicle for the purpose of restoring utility service during an emergency on behalf of the entity that hired the original contractor. The driver shall maintain a drivers record of duty status and shall keep a duplicate copy in their possession when driving a vehicle subject to this chapter. These records shall be presented immediately upon request by any authorized employee of the department, or any police officer or deputy sheriff.(C) For purposes of subparagraph (B), emergency means a sudden, unexpected occurrence involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services.Unexpected occurrence includes, but is not limited to, fires, floods, earthquakes or other soil or geologic movements, riots, accidents, inclement weather, natural disaster, sabotage, or other occurrence, whether natural or man-made, that interrupts the delivery of essential services, such as electricity, medical care, sewer, water, telecommunications, and telecommunication transmissions, or otherwise immediately threatens human life or public welfare.(4) Any other exceptions applicable to drivers assigned to governmental fire suppression and prevention, as determined by the department.(5) A driver employed by a law enforcement agency, as defined in Section 390.3(f)(2) of Title 49 of the Code of Federal Regulations, as that section now exists or is hereafter amended, during an emergency or to restore the public peace.(c) The regulations adopted under Section 34501 for vehicles engaged in the transportation of farm products in intrastate commerce shall include all of the following provisions:(1) A driver employed by an agricultural carrier, including a carrier holding a seasonal permit, or by a private carrier, when transporting farm products from the field to the first point of processing or packing, shall not drive for any period after having been on duty 16 hours or more following 8 consecutive hours off duty and shall not drive for any period after having been on duty for 112 hours in any consecutive eight-day period, except that a driver transporting special situation farm products from the field to the first point of processing or packing, or transporting livestock from pasture to pasture, may be permitted, during one period of not more than 28 consecutive days or a combination of two periods totaling not more than 28 days in a calendar year, to drive for not more than 12 hours during any workday of not more than 16 hours. A driver who thereby exceeds the driving time limits specified in paragraph (2) of subdivision (b) shall maintain a drivers record of duty status, and shall keep a duplicate copy in their possession when driving a vehicle subject to this chapter. These records shall be presented immediately upon request by any authorized employee of the department, or any police officer or deputy sheriff.(2) Upon the request of the Director of Food and Agriculture, the commissioner may, for good cause, temporarily waive the maximum on-duty time limits applicable to any eight-day period when an emergency exists due to inclement weather, natural disaster, or an adverse economic condition that threatens to disrupt the orderly movement of farm products during harvest for the duration of the emergency. For purposes of this paragraph, an emergency does not include a strike or labor dispute.(3) For purposes of this subdivision, the following terms have the following meanings:(A) Farm products means every agricultural, horticultural, viticultural, or vegetable product of the soil, honey and beeswax, oilseeds, poultry, livestock, milk, or timber.(B) First point of processing or packing means a location where farm products are dried, canned, extracted, fermented, distilled, frozen, ginned, eviscerated, pasteurized, packed, packaged, bottled, conditioned, or otherwise manufactured, processed, or preserved for distribution in wholesale or retail markets.(C) Special situation farm products means fruit, tomatoes, sugar beets, grains, wine grapes, grape concentrate, cotton, or nuts. |
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| 14 | 26 | | |
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| 15 | 27 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 16 | 28 | | |
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| 17 | 29 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 18 | 30 | | |
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| 19 | 31 | | SB 68, McGuire. Vehicles: safety regulations. |
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| 20 | 32 | | |
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| 21 | 33 | | Existing law requires the Department of the California Highway Patrol to regulate the safe operation of certain vehicles, including buses, truck tractors, and trailers, and to adopt certain rules and regulations pertaining to the operation of those vehicles.Existing law requires these regulations to include certain maximum driving times within a work period, including a maximum driving time of 10 hours for a driver of a tank vehicle with a capacity of more than 500 gallons transporting flammable liquid, and to prohibit a driver from driving for any period after having been on duty for 80 hours in any consecutive 8 days.This bill would authorize the department to, by regulation, allow a driver to exceed these limits during a declared state of emergency if transporting fuel used for refueling aircraft used in emergency-related activities, including fire suppression. |
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| 22 | 34 | | |
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| 23 | 35 | | Existing law requires the Department of the California Highway Patrol to regulate the safe operation of certain vehicles, including buses, truck tractors, and trailers, and to adopt certain rules and regulations pertaining to the operation of those vehicles. |
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| 24 | 36 | | |
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| 25 | 37 | | Existing law requires these regulations to include certain maximum driving times within a work period, including a maximum driving time of 10 hours for a driver of a tank vehicle with a capacity of more than 500 gallons transporting flammable liquid, and to prohibit a driver from driving for any period after having been on duty for 80 hours in any consecutive 8 days. |
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| 26 | 38 | | |
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| 27 | 39 | | This bill would authorize the department to, by regulation, allow a driver to exceed these limits during a declared state of emergency if transporting fuel used for refueling aircraft used in emergency-related activities, including fire suppression. |
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| 28 | 40 | | |
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| 29 | 41 | | ## Digest Key |
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| 30 | 42 | | |
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| 31 | 43 | | ## Bill Text |
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| 32 | 44 | | |
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| 33 | 45 | | The people of the State of California do enact as follows:SECTION 1. Section 34501.2 of the Vehicle Code is amended to read:34501.2. (a) The regulations adopted under Section 34501 for vehicles engaged in interstate or intrastate commerce shall establish hours-of-service regulations for drivers of those vehicles that are consistent with the hours-of-service regulations adopted by the United States Department of Transportation in Part 395 of Title 49 of the Code of Federal Regulations, as those regulations now exist or are hereafter amended.(b) The regulations adopted under Section 34501 for vehicles engaged in intrastate commerce that are not transporting hazardous substances or hazardous waste, as those terms are defined by regulations in Section 171.8 of Title 49 of the Code of Federal Regulations, as those regulations now exist or are hereafter amended, shall have the following exceptions:(1) (A) The maximum driving time within a work period shall be 12 hours for a driver of a truck or truck tractor, except for a driver of a tank vehicle with a capacity of more than 500 gallons transporting flammable liquid, who shall not drive for more than 10 hours within a work period.(B) Notwithstanding subparagraph (A), the regulations may, consistent with applicable federal laws and regulations, authorize the driver of a tank vehicle with a capacity of more than 500 gallons to exceed the maximum driving time prescribed in subparagraph (A) and on-duty time prescribed in paragraph (2) during a state of emergency declared by the Governor when operating within the state to transport fuel, pursuant to a contract with this state or the United States, used for the purpose of refueling aircraft used in emergency-related activities, including fire suppression.(2) Except as provided in subparagraph (B) of paragraph (1), a motor carrier shall not permit or require a driver to drive, nor shall any driver drive, for any period after having been on duty for 80 hours in any consecutive eight days.(3) (A) A driver employed by an electrical corporation, as defined in Section 218 of the Public Utilities Code, a local publicly owned electric utility, as defined in Section 224.3 of that code, a gas corporation, as defined in Section 222 of that code, a telephone corporation, as defined in Section 234 of that code, a water corporation, as defined in Section 241 of that code, or a public water district as defined in Section 20200 of the Water Code, is exempt from all hours-of-service regulations while operating a public utility or public water district vehicle.(B) A driver hired directly as a contractor by an electrical corporation, a local publicly owned electric utility, a gas corporation, a telephone corporation, a water corporation, or a public water district, as those entities are defined in subparagraph (A), or as a subcontractor hired directly by the original contractor, is exempt from all hours-of-service regulations while operating a vehicle for the purpose of restoring utility service during an emergency on behalf of the entity that hired the original contractor. The driver shall maintain a drivers record of duty status and shall keep a duplicate copy in their possession when driving a vehicle subject to this chapter. These records shall be presented immediately upon request by any authorized employee of the department, or any police officer or deputy sheriff.(C) For purposes of subparagraph (B), emergency means a sudden, unexpected occurrence involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services.Unexpected occurrence includes, but is not limited to, fires, floods, earthquakes or other soil or geologic movements, riots, accidents, inclement weather, natural disaster, sabotage, or other occurrence, whether natural or man-made, that interrupts the delivery of essential services, such as electricity, medical care, sewer, water, telecommunications, and telecommunication transmissions, or otherwise immediately threatens human life or public welfare.(4) Any other exceptions applicable to drivers assigned to governmental fire suppression and prevention, as determined by the department.(5) A driver employed by a law enforcement agency, as defined in Section 390.3(f)(2) of Title 49 of the Code of Federal Regulations, as that section now exists or is hereafter amended, during an emergency or to restore the public peace.(c) The regulations adopted under Section 34501 for vehicles engaged in the transportation of farm products in intrastate commerce shall include all of the following provisions:(1) A driver employed by an agricultural carrier, including a carrier holding a seasonal permit, or by a private carrier, when transporting farm products from the field to the first point of processing or packing, shall not drive for any period after having been on duty 16 hours or more following 8 consecutive hours off duty and shall not drive for any period after having been on duty for 112 hours in any consecutive eight-day period, except that a driver transporting special situation farm products from the field to the first point of processing or packing, or transporting livestock from pasture to pasture, may be permitted, during one period of not more than 28 consecutive days or a combination of two periods totaling not more than 28 days in a calendar year, to drive for not more than 12 hours during any workday of not more than 16 hours. A driver who thereby exceeds the driving time limits specified in paragraph (2) of subdivision (b) shall maintain a drivers record of duty status, and shall keep a duplicate copy in their possession when driving a vehicle subject to this chapter. These records shall be presented immediately upon request by any authorized employee of the department, or any police officer or deputy sheriff.(2) Upon the request of the Director of Food and Agriculture, the commissioner may, for good cause, temporarily waive the maximum on-duty time limits applicable to any eight-day period when an emergency exists due to inclement weather, natural disaster, or an adverse economic condition that threatens to disrupt the orderly movement of farm products during harvest for the duration of the emergency. For purposes of this paragraph, an emergency does not include a strike or labor dispute.(3) For purposes of this subdivision, the following terms have the following meanings:(A) Farm products means every agricultural, horticultural, viticultural, or vegetable product of the soil, honey and beeswax, oilseeds, poultry, livestock, milk, or timber.(B) First point of processing or packing means a location where farm products are dried, canned, extracted, fermented, distilled, frozen, ginned, eviscerated, pasteurized, packed, packaged, bottled, conditioned, or otherwise manufactured, processed, or preserved for distribution in wholesale or retail markets.(C) Special situation farm products means fruit, tomatoes, sugar beets, grains, wine grapes, grape concentrate, cotton, or nuts. |
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| 34 | 46 | | |
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| 35 | 47 | | The people of the State of California do enact as follows: |
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| 36 | 48 | | |
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| 37 | 49 | | ## The people of the State of California do enact as follows: |
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| 38 | 50 | | |
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| 39 | 51 | | SECTION 1. Section 34501.2 of the Vehicle Code is amended to read:34501.2. (a) The regulations adopted under Section 34501 for vehicles engaged in interstate or intrastate commerce shall establish hours-of-service regulations for drivers of those vehicles that are consistent with the hours-of-service regulations adopted by the United States Department of Transportation in Part 395 of Title 49 of the Code of Federal Regulations, as those regulations now exist or are hereafter amended.(b) The regulations adopted under Section 34501 for vehicles engaged in intrastate commerce that are not transporting hazardous substances or hazardous waste, as those terms are defined by regulations in Section 171.8 of Title 49 of the Code of Federal Regulations, as those regulations now exist or are hereafter amended, shall have the following exceptions:(1) (A) The maximum driving time within a work period shall be 12 hours for a driver of a truck or truck tractor, except for a driver of a tank vehicle with a capacity of more than 500 gallons transporting flammable liquid, who shall not drive for more than 10 hours within a work period.(B) Notwithstanding subparagraph (A), the regulations may, consistent with applicable federal laws and regulations, authorize the driver of a tank vehicle with a capacity of more than 500 gallons to exceed the maximum driving time prescribed in subparagraph (A) and on-duty time prescribed in paragraph (2) during a state of emergency declared by the Governor when operating within the state to transport fuel, pursuant to a contract with this state or the United States, used for the purpose of refueling aircraft used in emergency-related activities, including fire suppression.(2) Except as provided in subparagraph (B) of paragraph (1), a motor carrier shall not permit or require a driver to drive, nor shall any driver drive, for any period after having been on duty for 80 hours in any consecutive eight days.(3) (A) A driver employed by an electrical corporation, as defined in Section 218 of the Public Utilities Code, a local publicly owned electric utility, as defined in Section 224.3 of that code, a gas corporation, as defined in Section 222 of that code, a telephone corporation, as defined in Section 234 of that code, a water corporation, as defined in Section 241 of that code, or a public water district as defined in Section 20200 of the Water Code, is exempt from all hours-of-service regulations while operating a public utility or public water district vehicle.(B) A driver hired directly as a contractor by an electrical corporation, a local publicly owned electric utility, a gas corporation, a telephone corporation, a water corporation, or a public water district, as those entities are defined in subparagraph (A), or as a subcontractor hired directly by the original contractor, is exempt from all hours-of-service regulations while operating a vehicle for the purpose of restoring utility service during an emergency on behalf of the entity that hired the original contractor. The driver shall maintain a drivers record of duty status and shall keep a duplicate copy in their possession when driving a vehicle subject to this chapter. These records shall be presented immediately upon request by any authorized employee of the department, or any police officer or deputy sheriff.(C) For purposes of subparagraph (B), emergency means a sudden, unexpected occurrence involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services.Unexpected occurrence includes, but is not limited to, fires, floods, earthquakes or other soil or geologic movements, riots, accidents, inclement weather, natural disaster, sabotage, or other occurrence, whether natural or man-made, that interrupts the delivery of essential services, such as electricity, medical care, sewer, water, telecommunications, and telecommunication transmissions, or otherwise immediately threatens human life or public welfare.(4) Any other exceptions applicable to drivers assigned to governmental fire suppression and prevention, as determined by the department.(5) A driver employed by a law enforcement agency, as defined in Section 390.3(f)(2) of Title 49 of the Code of Federal Regulations, as that section now exists or is hereafter amended, during an emergency or to restore the public peace.(c) The regulations adopted under Section 34501 for vehicles engaged in the transportation of farm products in intrastate commerce shall include all of the following provisions:(1) A driver employed by an agricultural carrier, including a carrier holding a seasonal permit, or by a private carrier, when transporting farm products from the field to the first point of processing or packing, shall not drive for any period after having been on duty 16 hours or more following 8 consecutive hours off duty and shall not drive for any period after having been on duty for 112 hours in any consecutive eight-day period, except that a driver transporting special situation farm products from the field to the first point of processing or packing, or transporting livestock from pasture to pasture, may be permitted, during one period of not more than 28 consecutive days or a combination of two periods totaling not more than 28 days in a calendar year, to drive for not more than 12 hours during any workday of not more than 16 hours. A driver who thereby exceeds the driving time limits specified in paragraph (2) of subdivision (b) shall maintain a drivers record of duty status, and shall keep a duplicate copy in their possession when driving a vehicle subject to this chapter. These records shall be presented immediately upon request by any authorized employee of the department, or any police officer or deputy sheriff.(2) Upon the request of the Director of Food and Agriculture, the commissioner may, for good cause, temporarily waive the maximum on-duty time limits applicable to any eight-day period when an emergency exists due to inclement weather, natural disaster, or an adverse economic condition that threatens to disrupt the orderly movement of farm products during harvest for the duration of the emergency. For purposes of this paragraph, an emergency does not include a strike or labor dispute.(3) For purposes of this subdivision, the following terms have the following meanings:(A) Farm products means every agricultural, horticultural, viticultural, or vegetable product of the soil, honey and beeswax, oilseeds, poultry, livestock, milk, or timber.(B) First point of processing or packing means a location where farm products are dried, canned, extracted, fermented, distilled, frozen, ginned, eviscerated, pasteurized, packed, packaged, bottled, conditioned, or otherwise manufactured, processed, or preserved for distribution in wholesale or retail markets.(C) Special situation farm products means fruit, tomatoes, sugar beets, grains, wine grapes, grape concentrate, cotton, or nuts. |
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| 40 | 52 | | |
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| 41 | 53 | | SECTION 1. Section 34501.2 of the Vehicle Code is amended to read: |
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| 42 | 54 | | |
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| 43 | 55 | | ### SECTION 1. |
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| 44 | 56 | | |
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| 45 | 57 | | 34501.2. (a) The regulations adopted under Section 34501 for vehicles engaged in interstate or intrastate commerce shall establish hours-of-service regulations for drivers of those vehicles that are consistent with the hours-of-service regulations adopted by the United States Department of Transportation in Part 395 of Title 49 of the Code of Federal Regulations, as those regulations now exist or are hereafter amended.(b) The regulations adopted under Section 34501 for vehicles engaged in intrastate commerce that are not transporting hazardous substances or hazardous waste, as those terms are defined by regulations in Section 171.8 of Title 49 of the Code of Federal Regulations, as those regulations now exist or are hereafter amended, shall have the following exceptions:(1) (A) The maximum driving time within a work period shall be 12 hours for a driver of a truck or truck tractor, except for a driver of a tank vehicle with a capacity of more than 500 gallons transporting flammable liquid, who shall not drive for more than 10 hours within a work period.(B) Notwithstanding subparagraph (A), the regulations may, consistent with applicable federal laws and regulations, authorize the driver of a tank vehicle with a capacity of more than 500 gallons to exceed the maximum driving time prescribed in subparagraph (A) and on-duty time prescribed in paragraph (2) during a state of emergency declared by the Governor when operating within the state to transport fuel, pursuant to a contract with this state or the United States, used for the purpose of refueling aircraft used in emergency-related activities, including fire suppression.(2) Except as provided in subparagraph (B) of paragraph (1), a motor carrier shall not permit or require a driver to drive, nor shall any driver drive, for any period after having been on duty for 80 hours in any consecutive eight days.(3) (A) A driver employed by an electrical corporation, as defined in Section 218 of the Public Utilities Code, a local publicly owned electric utility, as defined in Section 224.3 of that code, a gas corporation, as defined in Section 222 of that code, a telephone corporation, as defined in Section 234 of that code, a water corporation, as defined in Section 241 of that code, or a public water district as defined in Section 20200 of the Water Code, is exempt from all hours-of-service regulations while operating a public utility or public water district vehicle.(B) A driver hired directly as a contractor by an electrical corporation, a local publicly owned electric utility, a gas corporation, a telephone corporation, a water corporation, or a public water district, as those entities are defined in subparagraph (A), or as a subcontractor hired directly by the original contractor, is exempt from all hours-of-service regulations while operating a vehicle for the purpose of restoring utility service during an emergency on behalf of the entity that hired the original contractor. The driver shall maintain a drivers record of duty status and shall keep a duplicate copy in their possession when driving a vehicle subject to this chapter. These records shall be presented immediately upon request by any authorized employee of the department, or any police officer or deputy sheriff.(C) For purposes of subparagraph (B), emergency means a sudden, unexpected occurrence involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services.Unexpected occurrence includes, but is not limited to, fires, floods, earthquakes or other soil or geologic movements, riots, accidents, inclement weather, natural disaster, sabotage, or other occurrence, whether natural or man-made, that interrupts the delivery of essential services, such as electricity, medical care, sewer, water, telecommunications, and telecommunication transmissions, or otherwise immediately threatens human life or public welfare.(4) Any other exceptions applicable to drivers assigned to governmental fire suppression and prevention, as determined by the department.(5) A driver employed by a law enforcement agency, as defined in Section 390.3(f)(2) of Title 49 of the Code of Federal Regulations, as that section now exists or is hereafter amended, during an emergency or to restore the public peace.(c) The regulations adopted under Section 34501 for vehicles engaged in the transportation of farm products in intrastate commerce shall include all of the following provisions:(1) A driver employed by an agricultural carrier, including a carrier holding a seasonal permit, or by a private carrier, when transporting farm products from the field to the first point of processing or packing, shall not drive for any period after having been on duty 16 hours or more following 8 consecutive hours off duty and shall not drive for any period after having been on duty for 112 hours in any consecutive eight-day period, except that a driver transporting special situation farm products from the field to the first point of processing or packing, or transporting livestock from pasture to pasture, may be permitted, during one period of not more than 28 consecutive days or a combination of two periods totaling not more than 28 days in a calendar year, to drive for not more than 12 hours during any workday of not more than 16 hours. A driver who thereby exceeds the driving time limits specified in paragraph (2) of subdivision (b) shall maintain a drivers record of duty status, and shall keep a duplicate copy in their possession when driving a vehicle subject to this chapter. These records shall be presented immediately upon request by any authorized employee of the department, or any police officer or deputy sheriff.(2) Upon the request of the Director of Food and Agriculture, the commissioner may, for good cause, temporarily waive the maximum on-duty time limits applicable to any eight-day period when an emergency exists due to inclement weather, natural disaster, or an adverse economic condition that threatens to disrupt the orderly movement of farm products during harvest for the duration of the emergency. For purposes of this paragraph, an emergency does not include a strike or labor dispute.(3) For purposes of this subdivision, the following terms have the following meanings:(A) Farm products means every agricultural, horticultural, viticultural, or vegetable product of the soil, honey and beeswax, oilseeds, poultry, livestock, milk, or timber.(B) First point of processing or packing means a location where farm products are dried, canned, extracted, fermented, distilled, frozen, ginned, eviscerated, pasteurized, packed, packaged, bottled, conditioned, or otherwise manufactured, processed, or preserved for distribution in wholesale or retail markets.(C) Special situation farm products means fruit, tomatoes, sugar beets, grains, wine grapes, grape concentrate, cotton, or nuts. |
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| 46 | 58 | | |
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| 47 | 59 | | 34501.2. (a) The regulations adopted under Section 34501 for vehicles engaged in interstate or intrastate commerce shall establish hours-of-service regulations for drivers of those vehicles that are consistent with the hours-of-service regulations adopted by the United States Department of Transportation in Part 395 of Title 49 of the Code of Federal Regulations, as those regulations now exist or are hereafter amended.(b) The regulations adopted under Section 34501 for vehicles engaged in intrastate commerce that are not transporting hazardous substances or hazardous waste, as those terms are defined by regulations in Section 171.8 of Title 49 of the Code of Federal Regulations, as those regulations now exist or are hereafter amended, shall have the following exceptions:(1) (A) The maximum driving time within a work period shall be 12 hours for a driver of a truck or truck tractor, except for a driver of a tank vehicle with a capacity of more than 500 gallons transporting flammable liquid, who shall not drive for more than 10 hours within a work period.(B) Notwithstanding subparagraph (A), the regulations may, consistent with applicable federal laws and regulations, authorize the driver of a tank vehicle with a capacity of more than 500 gallons to exceed the maximum driving time prescribed in subparagraph (A) and on-duty time prescribed in paragraph (2) during a state of emergency declared by the Governor when operating within the state to transport fuel, pursuant to a contract with this state or the United States, used for the purpose of refueling aircraft used in emergency-related activities, including fire suppression.(2) Except as provided in subparagraph (B) of paragraph (1), a motor carrier shall not permit or require a driver to drive, nor shall any driver drive, for any period after having been on duty for 80 hours in any consecutive eight days.(3) (A) A driver employed by an electrical corporation, as defined in Section 218 of the Public Utilities Code, a local publicly owned electric utility, as defined in Section 224.3 of that code, a gas corporation, as defined in Section 222 of that code, a telephone corporation, as defined in Section 234 of that code, a water corporation, as defined in Section 241 of that code, or a public water district as defined in Section 20200 of the Water Code, is exempt from all hours-of-service regulations while operating a public utility or public water district vehicle.(B) A driver hired directly as a contractor by an electrical corporation, a local publicly owned electric utility, a gas corporation, a telephone corporation, a water corporation, or a public water district, as those entities are defined in subparagraph (A), or as a subcontractor hired directly by the original contractor, is exempt from all hours-of-service regulations while operating a vehicle for the purpose of restoring utility service during an emergency on behalf of the entity that hired the original contractor. The driver shall maintain a drivers record of duty status and shall keep a duplicate copy in their possession when driving a vehicle subject to this chapter. These records shall be presented immediately upon request by any authorized employee of the department, or any police officer or deputy sheriff.(C) For purposes of subparagraph (B), emergency means a sudden, unexpected occurrence involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services.Unexpected occurrence includes, but is not limited to, fires, floods, earthquakes or other soil or geologic movements, riots, accidents, inclement weather, natural disaster, sabotage, or other occurrence, whether natural or man-made, that interrupts the delivery of essential services, such as electricity, medical care, sewer, water, telecommunications, and telecommunication transmissions, or otherwise immediately threatens human life or public welfare.(4) Any other exceptions applicable to drivers assigned to governmental fire suppression and prevention, as determined by the department.(5) A driver employed by a law enforcement agency, as defined in Section 390.3(f)(2) of Title 49 of the Code of Federal Regulations, as that section now exists or is hereafter amended, during an emergency or to restore the public peace.(c) The regulations adopted under Section 34501 for vehicles engaged in the transportation of farm products in intrastate commerce shall include all of the following provisions:(1) A driver employed by an agricultural carrier, including a carrier holding a seasonal permit, or by a private carrier, when transporting farm products from the field to the first point of processing or packing, shall not drive for any period after having been on duty 16 hours or more following 8 consecutive hours off duty and shall not drive for any period after having been on duty for 112 hours in any consecutive eight-day period, except that a driver transporting special situation farm products from the field to the first point of processing or packing, or transporting livestock from pasture to pasture, may be permitted, during one period of not more than 28 consecutive days or a combination of two periods totaling not more than 28 days in a calendar year, to drive for not more than 12 hours during any workday of not more than 16 hours. A driver who thereby exceeds the driving time limits specified in paragraph (2) of subdivision (b) shall maintain a drivers record of duty status, and shall keep a duplicate copy in their possession when driving a vehicle subject to this chapter. These records shall be presented immediately upon request by any authorized employee of the department, or any police officer or deputy sheriff.(2) Upon the request of the Director of Food and Agriculture, the commissioner may, for good cause, temporarily waive the maximum on-duty time limits applicable to any eight-day period when an emergency exists due to inclement weather, natural disaster, or an adverse economic condition that threatens to disrupt the orderly movement of farm products during harvest for the duration of the emergency. For purposes of this paragraph, an emergency does not include a strike or labor dispute.(3) For purposes of this subdivision, the following terms have the following meanings:(A) Farm products means every agricultural, horticultural, viticultural, or vegetable product of the soil, honey and beeswax, oilseeds, poultry, livestock, milk, or timber.(B) First point of processing or packing means a location where farm products are dried, canned, extracted, fermented, distilled, frozen, ginned, eviscerated, pasteurized, packed, packaged, bottled, conditioned, or otherwise manufactured, processed, or preserved for distribution in wholesale or retail markets.(C) Special situation farm products means fruit, tomatoes, sugar beets, grains, wine grapes, grape concentrate, cotton, or nuts. |
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| 48 | 60 | | |
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| 49 | 61 | | 34501.2. (a) The regulations adopted under Section 34501 for vehicles engaged in interstate or intrastate commerce shall establish hours-of-service regulations for drivers of those vehicles that are consistent with the hours-of-service regulations adopted by the United States Department of Transportation in Part 395 of Title 49 of the Code of Federal Regulations, as those regulations now exist or are hereafter amended.(b) The regulations adopted under Section 34501 for vehicles engaged in intrastate commerce that are not transporting hazardous substances or hazardous waste, as those terms are defined by regulations in Section 171.8 of Title 49 of the Code of Federal Regulations, as those regulations now exist or are hereafter amended, shall have the following exceptions:(1) (A) The maximum driving time within a work period shall be 12 hours for a driver of a truck or truck tractor, except for a driver of a tank vehicle with a capacity of more than 500 gallons transporting flammable liquid, who shall not drive for more than 10 hours within a work period.(B) Notwithstanding subparagraph (A), the regulations may, consistent with applicable federal laws and regulations, authorize the driver of a tank vehicle with a capacity of more than 500 gallons to exceed the maximum driving time prescribed in subparagraph (A) and on-duty time prescribed in paragraph (2) during a state of emergency declared by the Governor when operating within the state to transport fuel, pursuant to a contract with this state or the United States, used for the purpose of refueling aircraft used in emergency-related activities, including fire suppression.(2) Except as provided in subparagraph (B) of paragraph (1), a motor carrier shall not permit or require a driver to drive, nor shall any driver drive, for any period after having been on duty for 80 hours in any consecutive eight days.(3) (A) A driver employed by an electrical corporation, as defined in Section 218 of the Public Utilities Code, a local publicly owned electric utility, as defined in Section 224.3 of that code, a gas corporation, as defined in Section 222 of that code, a telephone corporation, as defined in Section 234 of that code, a water corporation, as defined in Section 241 of that code, or a public water district as defined in Section 20200 of the Water Code, is exempt from all hours-of-service regulations while operating a public utility or public water district vehicle.(B) A driver hired directly as a contractor by an electrical corporation, a local publicly owned electric utility, a gas corporation, a telephone corporation, a water corporation, or a public water district, as those entities are defined in subparagraph (A), or as a subcontractor hired directly by the original contractor, is exempt from all hours-of-service regulations while operating a vehicle for the purpose of restoring utility service during an emergency on behalf of the entity that hired the original contractor. The driver shall maintain a drivers record of duty status and shall keep a duplicate copy in their possession when driving a vehicle subject to this chapter. These records shall be presented immediately upon request by any authorized employee of the department, or any police officer or deputy sheriff.(C) For purposes of subparagraph (B), emergency means a sudden, unexpected occurrence involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services.Unexpected occurrence includes, but is not limited to, fires, floods, earthquakes or other soil or geologic movements, riots, accidents, inclement weather, natural disaster, sabotage, or other occurrence, whether natural or man-made, that interrupts the delivery of essential services, such as electricity, medical care, sewer, water, telecommunications, and telecommunication transmissions, or otherwise immediately threatens human life or public welfare.(4) Any other exceptions applicable to drivers assigned to governmental fire suppression and prevention, as determined by the department.(5) A driver employed by a law enforcement agency, as defined in Section 390.3(f)(2) of Title 49 of the Code of Federal Regulations, as that section now exists or is hereafter amended, during an emergency or to restore the public peace.(c) The regulations adopted under Section 34501 for vehicles engaged in the transportation of farm products in intrastate commerce shall include all of the following provisions:(1) A driver employed by an agricultural carrier, including a carrier holding a seasonal permit, or by a private carrier, when transporting farm products from the field to the first point of processing or packing, shall not drive for any period after having been on duty 16 hours or more following 8 consecutive hours off duty and shall not drive for any period after having been on duty for 112 hours in any consecutive eight-day period, except that a driver transporting special situation farm products from the field to the first point of processing or packing, or transporting livestock from pasture to pasture, may be permitted, during one period of not more than 28 consecutive days or a combination of two periods totaling not more than 28 days in a calendar year, to drive for not more than 12 hours during any workday of not more than 16 hours. A driver who thereby exceeds the driving time limits specified in paragraph (2) of subdivision (b) shall maintain a drivers record of duty status, and shall keep a duplicate copy in their possession when driving a vehicle subject to this chapter. These records shall be presented immediately upon request by any authorized employee of the department, or any police officer or deputy sheriff.(2) Upon the request of the Director of Food and Agriculture, the commissioner may, for good cause, temporarily waive the maximum on-duty time limits applicable to any eight-day period when an emergency exists due to inclement weather, natural disaster, or an adverse economic condition that threatens to disrupt the orderly movement of farm products during harvest for the duration of the emergency. For purposes of this paragraph, an emergency does not include a strike or labor dispute.(3) For purposes of this subdivision, the following terms have the following meanings:(A) Farm products means every agricultural, horticultural, viticultural, or vegetable product of the soil, honey and beeswax, oilseeds, poultry, livestock, milk, or timber.(B) First point of processing or packing means a location where farm products are dried, canned, extracted, fermented, distilled, frozen, ginned, eviscerated, pasteurized, packed, packaged, bottled, conditioned, or otherwise manufactured, processed, or preserved for distribution in wholesale or retail markets.(C) Special situation farm products means fruit, tomatoes, sugar beets, grains, wine grapes, grape concentrate, cotton, or nuts. |
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| 50 | 62 | | |
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| 51 | 63 | | |
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| 52 | 64 | | |
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| 53 | 65 | | 34501.2. (a) The regulations adopted under Section 34501 for vehicles engaged in interstate or intrastate commerce shall establish hours-of-service regulations for drivers of those vehicles that are consistent with the hours-of-service regulations adopted by the United States Department of Transportation in Part 395 of Title 49 of the Code of Federal Regulations, as those regulations now exist or are hereafter amended. |
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| 54 | 66 | | |
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| 55 | 67 | | (b) The regulations adopted under Section 34501 for vehicles engaged in intrastate commerce that are not transporting hazardous substances or hazardous waste, as those terms are defined by regulations in Section 171.8 of Title 49 of the Code of Federal Regulations, as those regulations now exist or are hereafter amended, shall have the following exceptions: |
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| 56 | 68 | | |
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| 57 | 69 | | (1) (A) The maximum driving time within a work period shall be 12 hours for a driver of a truck or truck tractor, except for a driver of a tank vehicle with a capacity of more than 500 gallons transporting flammable liquid, who shall not drive for more than 10 hours within a work period. |
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| 58 | 70 | | |
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| 59 | 71 | | (B) Notwithstanding subparagraph (A), the regulations may, consistent with applicable federal laws and regulations, authorize the driver of a tank vehicle with a capacity of more than 500 gallons to exceed the maximum driving time prescribed in subparagraph (A) and on-duty time prescribed in paragraph (2) during a state of emergency declared by the Governor when operating within the state to transport fuel, pursuant to a contract with this state or the United States, used for the purpose of refueling aircraft used in emergency-related activities, including fire suppression. |
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| 60 | 72 | | |
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| 61 | 73 | | (2) Except as provided in subparagraph (B) of paragraph (1), a motor carrier shall not permit or require a driver to drive, nor shall any driver drive, for any period after having been on duty for 80 hours in any consecutive eight days. |
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| 62 | 74 | | |
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| 63 | 75 | | (3) (A) A driver employed by an electrical corporation, as defined in Section 218 of the Public Utilities Code, a local publicly owned electric utility, as defined in Section 224.3 of that code, a gas corporation, as defined in Section 222 of that code, a telephone corporation, as defined in Section 234 of that code, a water corporation, as defined in Section 241 of that code, or a public water district as defined in Section 20200 of the Water Code, is exempt from all hours-of-service regulations while operating a public utility or public water district vehicle. |
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| 64 | 76 | | |
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| 65 | 77 | | (B) A driver hired directly as a contractor by an electrical corporation, a local publicly owned electric utility, a gas corporation, a telephone corporation, a water corporation, or a public water district, as those entities are defined in subparagraph (A), or as a subcontractor hired directly by the original contractor, is exempt from all hours-of-service regulations while operating a vehicle for the purpose of restoring utility service during an emergency on behalf of the entity that hired the original contractor. The driver shall maintain a drivers record of duty status and shall keep a duplicate copy in their possession when driving a vehicle subject to this chapter. These records shall be presented immediately upon request by any authorized employee of the department, or any police officer or deputy sheriff. |
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| 66 | 78 | | |
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| 67 | 79 | | (C) For purposes of subparagraph (B), emergency means a sudden, unexpected occurrence involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services.Unexpected occurrence includes, but is not limited to, fires, floods, earthquakes or other soil or geologic movements, riots, accidents, inclement weather, natural disaster, sabotage, or other occurrence, whether natural or man-made, that interrupts the delivery of essential services, such as electricity, medical care, sewer, water, telecommunications, and telecommunication transmissions, or otherwise immediately threatens human life or public welfare. |
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| 68 | 80 | | |
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| 69 | 81 | | (4) Any other exceptions applicable to drivers assigned to governmental fire suppression and prevention, as determined by the department. |
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| 70 | 82 | | |
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| 71 | 83 | | (5) A driver employed by a law enforcement agency, as defined in Section 390.3(f)(2) of Title 49 of the Code of Federal Regulations, as that section now exists or is hereafter amended, during an emergency or to restore the public peace. |
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| 72 | 84 | | |
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| 73 | 85 | | (c) The regulations adopted under Section 34501 for vehicles engaged in the transportation of farm products in intrastate commerce shall include all of the following provisions: |
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| 74 | 86 | | |
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| 75 | 87 | | (1) A driver employed by an agricultural carrier, including a carrier holding a seasonal permit, or by a private carrier, when transporting farm products from the field to the first point of processing or packing, shall not drive for any period after having been on duty 16 hours or more following 8 consecutive hours off duty and shall not drive for any period after having been on duty for 112 hours in any consecutive eight-day period, except that a driver transporting special situation farm products from the field to the first point of processing or packing, or transporting livestock from pasture to pasture, may be permitted, during one period of not more than 28 consecutive days or a combination of two periods totaling not more than 28 days in a calendar year, to drive for not more than 12 hours during any workday of not more than 16 hours. A driver who thereby exceeds the driving time limits specified in paragraph (2) of subdivision (b) shall maintain a drivers record of duty status, and shall keep a duplicate copy in their possession when driving a vehicle subject to this chapter. These records shall be presented immediately upon request by any authorized employee of the department, or any police officer or deputy sheriff. |
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| 76 | 88 | | |
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| 77 | 89 | | (2) Upon the request of the Director of Food and Agriculture, the commissioner may, for good cause, temporarily waive the maximum on-duty time limits applicable to any eight-day period when an emergency exists due to inclement weather, natural disaster, or an adverse economic condition that threatens to disrupt the orderly movement of farm products during harvest for the duration of the emergency. For purposes of this paragraph, an emergency does not include a strike or labor dispute. |
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| 78 | 90 | | |
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| 79 | 91 | | (3) For purposes of this subdivision, the following terms have the following meanings: |
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| 80 | 92 | | |
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| 81 | 93 | | (A) Farm products means every agricultural, horticultural, viticultural, or vegetable product of the soil, honey and beeswax, oilseeds, poultry, livestock, milk, or timber. |
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| 82 | 94 | | |
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| 83 | 95 | | (B) First point of processing or packing means a location where farm products are dried, canned, extracted, fermented, distilled, frozen, ginned, eviscerated, pasteurized, packed, packaged, bottled, conditioned, or otherwise manufactured, processed, or preserved for distribution in wholesale or retail markets. |
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| 84 | 96 | | |
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| 85 | 97 | | (C) Special situation farm products means fruit, tomatoes, sugar beets, grains, wine grapes, grape concentrate, cotton, or nuts. |
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