Bill Text: CA AB1810 | 2019-2020 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Transportation: omnibus bill.
Spectrum: Committee Bill
Status: (Passed) 2019-10-08 - Chaptered by Secretary of State - Chapter 636, Statutes of 2019. [AB1810 Detail]
Download: California-2019-AB1810-Introduced.html
California Transportation Commission, the Department of Motor Vehicles, the Department of Transportation, the High-Speed Rail Authority, and the Board of Pilot Commissioners for the Bays of San Francisco, San Pablo, and Suisun. the Transportation Agency state government a California Transportation Commission. The commission shall act in an independent oversight role.14534.1. motorized scooter, motorized bicycle, moped, or bicycle with an attached motor. The person shall meet the following requirements to obtain an instruction permit for purposes of this section:
Bill Title: Transportation: omnibus bill.
Spectrum: Committee Bill
Status: (Passed) 2019-10-08 - Chaptered by Secretary of State - Chapter 636, Statutes of 2019. [AB1810 Detail]
Download: California-2019-AB1810-Introduced.html
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
| Assembly Bill | No. 1810 |
| Introduced by Committee on Transportation |
March 04, 2019 |
An act to amend Sections 13975 and 14500 of, and to repeal Section 14534.1 of, the Government Code, to amend Section 10326.2 of the Public Contract Code, and to amend Sections 12509.5 and 12804.9 of the Vehicle Code, relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
AB 1810, as introduced, Committee on Transportation.
Transportation.
(1) Existing law establishes in state government the Transportation Agency, which includes various departments and state entities, including the California Transportation Commission. Existing law vests the California Transportation Commission with specified powers, duties, and functions relative to transportation matters. Existing law requires the commission to retain independent authority to perform the duties and functions prescribed to it under any provision of law.
This bill would exclude the California Transportation Commission from the Transportation Agency, establish it as an entity in state government, and require it to act in an independent oversight role. The bill would also make conforming changes.
(2) Existing law authorizes the Department of General
Services, until January 1, 2021, to purchase and equip heavy mobile fleet vehicles and special equipment for use by the Department of Transportation by means of best value procurement, using specifications and criteria developed in consultation with the Department of Transportation. Existing law defines “best value procurement” as a contract award determined by objective criteria related to price, features, functions, and life-cycle costs. Existing law limits the total value of vehicles and equipment purchased through this best value procurement authorization to $20,000,000 dollars annually.
This bill would extend, until January 1, 2022, the Department of General Services authorization to purchase and equip heavy mobile fleet vehicles and special equipment for use by the Department of Transportation. The bill would also increase the cap on the total value of vehicles and equipment purchased through this best value procurement authorization to $50,000,000 dollars
each fiscal year.
(3) Existing law requires the Department of Motor Vehicles, upon application for an original driver’s license, except a student license, to require an examination of the applicant, and requires the applicant to submit to an examination appropriate to the type of motor vehicle or combination of vehicles the applicant desires a license to drive. Under existing law, the license classifications include Class A, Class B, Class C, Class M1, and Class M2. Class M2 designated vehicles include a motorized bicycle or moped, a bicycle with an attached motor, except an electric bicycle, as specified, and a motorized scooter, defined as a 2-wheeled device that has handlebars, has a floorboard that is designed to be stood upon when riding, and is powered by an electric motor or by a source other than electric power. Existing law also requires a person to obtain an instruction permit prior to operating, or being issued a class M1 or M2
driver’s license to operate, those vehicles. Under existing law, a valid driver’s license or instruction permit is required to operate a motorized scooter.
This bill would delete motorized scooters from the list of vehicles requiring a Class M2 license or permit, thus allowing a person with a valid license or permit of any class to operate a motorized scooter.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 13975 of the Government Code is amended to read:13975.
There is in the state government the Transportation Agency. The agency consists of the Department of the California Highway Patrol, theSEC. 2.
Section 14500 of the Government Code is amended to read:14500.
There is inSEC. 3.
Section 14534.1 of the Government Code is repealed.Notwithstanding Section 12850.6 or subdivision (b) of Section 12800, as added to this code by the Governor’s Reorganization Plan No. 2 of 2012 during the 2011–12 Regular Session, the commission shall retain independent authority to perform those duties and functions prescribed to it under any provision of law.
SEC. 4.
Section 10326.2 of the Public Contract Code is amended to read:10326.2.
(a) As used in this section, “best value procurement” means a contract award determined by objective criteria related to price, features, functions, and life-cycle costs that may include the following:(1) Total cost of ownership, including warranty, under which all repair costs are borne solely by the warranty provider, repair costs, maintenance costs, fuel consumption, and salvage value.
(2) Product performance, productivity, and safety standards.
(3) The supplier’s ability to perform to the contract requirements.
(4) Environmental benefits, including reduction of
greenhouse gas emissions, reduction of air pollutant emissions, or reduction of toxic or hazardous materials.
(b) The department may purchase and equip heavy mobile fleet vehicles and special equipment for use by the Department of Transportation by means of best value procurement, using specifications and criteria developed in consultation with the Department of Transportation.
(c) In addition to disclosure of the minimum requirements for qualification, the solicitation document shall specify what business performance measures in addition to price shall be given a weighted value. The department shall use a scoring method based on those factors and price in determining the successful bid. Any evaluation and scoring method shall ensure substantial weight is given to the contract price. The solicitation document shall provide for submission of sealed price information. Evaluation of
all criteria other than price shall be completed before the opening of price information.
(d) Upon written request of any bidder who has submitted a bid, notice of the proposed award shall be posted in a public place in the offices of the department at least 24 hours before awarding the contract or purchase order. If, before making an award, any bidder who has submitted a bid files a protest with the department against the awarding of the contract or purchase order on the ground that his or her their bid should have been selected in accordance with the selection criteria in the solicitation document, the contract or purchase order shall not be awarded until either the protest has been withdrawn or the department has made a final decision as to the action
to be taken relative to the protest. Within 10 days after filing a protest, the protesting bidder shall file with the department a full and complete written statement specifying in detail the ground of the protest and the facts in support thereof.
(e) The total value of vehicles and equipment purchased through best value procurement pursuant to this section shall be limited to twenty fifty million dollars ($20,000,000) annually. ($50,000,000) each fiscal year.
(f) On or before June 1, 2020, the
Department of General Services shall prepare an evaluation of the best value procurement pilot authorized by this section, including a recommendation on whether or not the process should be continued. The evaluation shall be posted on the Department of Transportation’s Internet Web site
internet website on or before June 30, 2020.
(g) This section shall remain in effect only until January 1, 2021, 2022, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, 2022, deletes or extends that date.
SEC. 5.
Section 12509.5 of the Vehicle Code is amended to read:12509.5.
(a) A person shall obtain an instruction permit issued pursuant to this section prior to operating, or being issued a class M1 or M2 driver’s license to operate, a two-wheel motorcycle, motor-driven cycle,(1) If age 15 years and 6 months or older, but under the age of 18 years, the applicant shall meet all of the following requirements:
(A) Have a valid class C license or complete driver education and training pursuant to
paragraph (3) of subdivision (a) of Section 12814.6.
(B) Successfully complete a motorcyclist safety program that is operated pursuant to Article 2 (commencing with Section 2930) of Chapter 5 of Division 2.
(C) Pass the motorcycle driver’s written exam.
(2) If 18 years of age or older, but under 21 years of age, the applicant shall meet both of the following requirements:
(A) Successfully complete a motorcyclist safety program that is operated pursuant to Article 2 (commencing with Section 2930) of Chapter 5 of Division 2.
(B) Pass the motorcycle driver’s written exam.
(3) If 21 years of age or older, pass the motorcycle
driver’s written exam.
(b) A person described in paragraph (1) or (2) of subdivision (a) shall hold an instruction permit issued pursuant to this section for a minimum of six months prior to being issued a class M1 or M2 license.
(c) A person issued an instruction permit pursuant to this section shall not operate a two-wheel motorcycle, motor-driven cycle, motorized scooter, motorized bicycle, moped, or bicycle with an attached motor during the hours of darkness, shall stay off any freeways that have full control of access and have no crossings at grade, and shall not carry any passenger except an instructor licensed under Chapter 1 (commencing with Section 11100) of Division 5 or a qualified instructor as defined in Section 41907 of the Education Code.
(d) An instruction permit issued pursuant to this section shall be valid for a period not exceeding 24 months from the date of application.
(e) The department may perform, during regularly scheduled computer system maintenance and upgrades, any necessary software updates related to the changes made by the addition, during the 2009–2010 Regular Session, of this section.
SEC. 6.
Section 12804.9 of the Vehicle Code is amended to read:12804.9.
(a) (1) The examination shall include all of the following:(A) A test of the applicant’s knowledge and understanding of the provisions of this code governing the operation of vehicles upon the highways.
(B) A test of the applicant’s ability to read and understand simple English used in highway traffic and directional signs.
(C) A test of the applicant’s understanding of traffic signs and signals, including the bikeway signs, markers, and traffic control devices established by the Department of Transportation.
(D) An actual demonstration of the
applicant’s ability to exercise ordinary and reasonable control in operating a motor vehicle by driving it under the supervision of an examining officer. The applicant shall submit to an examination appropriate to the type of motor vehicle or combination of vehicles he or she the applicant desires a license to drive, except that the department may waive the driving test part of the examination for any applicant who submits a license issued by another state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico if the department verifies through any acknowledged national driver record data source that there are no stops, holds, or other impediments to its issuance. The examining officer may request to see evidence of financial responsibility for the vehicle prior to
supervising the demonstration of the applicant’s ability to operate the vehicle. The examining officer may refuse to examine an applicant who is unable to provide proof of financial responsibility for the vehicle, unless proof of financial responsibility is not required by this code.
(E) A test of the hearing and eyesight of the applicant, and of other matters that may be necessary to determine the applicant’s mental and physical fitness to operate a motor vehicle upon the highways, and whether any grounds exist for refusal of a license under this code.
(2) (A) Before a class A or class B driver’s license, or class C driver’s license with a commercial endorsement, may be issued or renewed, the applicant shall have in his or her
the applicant’s driver record a valid report of a medical examination of the applicant given not more than two years prior to the date of the application by a health care professional. As used in this paragraph, “health care professional” means a person who is licensed, certified, or registered in accordance with applicable state laws and regulations to practice medicine and perform physical examinations in the United States. Health care professionals are doctors of medicine, doctors of osteopathy, physician assistants, and registered advanced practice nurses, or doctors of chiropractic who are clinically competent to perform the medical examination presently required of motor carrier drivers by the United States Department of Transportation. The report shall be on a form approved by the department. In establishing the requirements, consideration may be given to the standards presently required of motor carrier drivers by the Federal Motor Carrier Safety
Administration.
(B) The department may accept a federal waiver of one or more physical qualification standards if the waiver is accompanied by a report of a nonqualifying medical examination for a class A or class B driver’s license, or class C driver’s license with a commercial endorsement, pursuant to Section 391.41(a)(3)(ii) of Subpart E of Part 391 of Title 49 of the Code of Federal Regulations.
(3) A physical defect of the applicant that, in the opinion of the department, is compensated for to ensure safe driving ability, shall not prevent the issuance of a license to the applicant.
(b) In accordance with the following classifications, an applicant for a driver’s license shall be required to submit to an examination appropriate to the type of motor vehicle or combination of vehicles the applicant desires a
license to drive:
(1) Class A includes the following:
(A) Except as provided in subparagraph (H) of paragraph (3), a combination of vehicles, if a vehicle being towed has a gross vehicle weight rating or gross vehicle weight of more than 10,000 pounds.
(B) A vehicle towing more than one vehicle.
(C) A trailer bus.
(D) The operation of all vehicles under class B and class C.
(2) Class B includes the following:
(A) Except as provided in subparagraph (H) of paragraph (3), a single vehicle with a gross vehicle weight rating or gross vehicle weight of more than
26,000 pounds.
(B) A single vehicle with three or more axles, except any three-axle vehicle weighing less than 6,000 pounds.
(C) A bus with a gross vehicle weight rating or gross vehicle weight of more than 26,000 pounds, except a trailer bus.
(D) A farm labor vehicle.
(E) A single vehicle with three or more axles or a gross vehicle weight rating or gross vehicle weight of more than 26,000 pounds towing another vehicle with a gross vehicle weight rating or gross vehicle weight of 10,000 pounds or less.
(F) A house car over 40 feet in length, excluding safety devices and safety bumpers.
(G) The operation of all vehicles
covered under class C.
(3) Class C includes the following:
(A) A two-axle vehicle with a gross vehicle weight rating or gross vehicle weight of 26,000 pounds or less, including when the vehicle is towing a trailer or semitrailer with a gross vehicle weight rating or gross vehicle weight of 10,000 pounds or less.
(B) Notwithstanding subparagraph (A), a two-axle vehicle weighing 4,000 pounds or more unladen when towing a trailer coach not exceeding 9,000 pounds gross.
(C) A house car of 40 feet in length or less.
(D) A three-axle vehicle weighing 6,000 pounds gross or less.
(E) A house car of 40 feet in length or less or a
vehicle towing another vehicle with a gross vehicle weight rating of 10,000 pounds or less, including when a tow dolly is used. A person driving a vehicle may not tow another vehicle in violation of Section 21715.
(F) (i) A two-axle vehicle weighing 4,000 pounds or more unladen when towing either a trailer coach or a fifth-wheel travel trailer not exceeding 10,000 pounds gross vehicle weight rating, when the towing of the trailer is not for compensation.
(ii) A two-axle vehicle weighing 4,000 pounds or more unladen when towing a fifth-wheel travel trailer exceeding 10,000 pounds, but not exceeding 15,000 pounds, gross vehicle weight rating, when the towing of the trailer is not for compensation, and if the person has passed a specialized written examination provided by the department relating to the knowledge of this code and other safety aspects governing
the towing of recreational vehicles upon the highway.
The authority to operate combinations of vehicles under this subparagraph may be granted by endorsement on a class C license upon completion of that written examination.
(G) A vehicle or combination of vehicles with a gross combination weight rating or a gross vehicle weight rating, as those terms are defined in subdivisions (j) and (k), respectively, of Section 15210, of 26,000 pounds or less, if all of the following conditions are met:
(i) Is operated by a farmer, an employee of a farmer, or an instructor credentialed in agriculture as part of an instructional program in agriculture at the high school, community college, or university level.
(ii) Is used exclusively in the conduct of agricultural operations.
(iii) Is not used in the capacity of a for-hire carrier or for compensation.
(H) Firefighting equipment, provided that the equipment is operated by a person who holds a firefighter endorsement pursuant to Section 12804.11.
(I) A motorized scooter.
(J) A bus with a gross vehicle weight rating or gross vehicle weight of 26,000 pounds or less, except a trailer bus.
(K) Class C does not include a two-wheel motorcycle or a two-wheel motor-driven cycle.
(4) Class M1. A two-wheel motorcycle or a motor-driven cycle. Authority to operate a vehicle included in a class M1 license may be granted by endorsement on a class A, B, or C license
upon completion of an appropriate examination.
(5) (A) Class M2 includes the following: a motorized bicycle or moped, or a bicycle with an attached motor, except an electric bicycle as described in subdivision (a) of Section 312.5.
(i)A motorized bicycle or moped, or a bicycle with an attached motor, except an electric bicycle as described in subdivision (a) of Section 312.5.
(ii)A motorized scooter.
(B) Authority to operate vehicles included in class M2 may be granted by endorsement on a class A, B, or C license upon completion of an appropriate examination, except that no endorsement is required for a motorized scooter.
examination. Persons holding a class M1 license or endorsement may operate vehicles included in class M2 without further examination.
(c) A driver’s license or driver certificate is not valid for operating a commercial motor vehicle, as defined in subdivision (b) of Section 15210, any other motor vehicle defined in paragraph (1) or (2) of subdivision (b), or any other vehicle requiring a driver to hold any driver certificate or any driver’s license endorsement under Section 15275, unless a medical certificate approved by the department that has been issued within two years of the date of the operation of that vehicle and a copy of the medical examination report from which the certificate was issued is on file with the department. Otherwise, the license is valid only for operating class C vehicles that are not commercial vehicles, as defined in subdivision (b) of Section 15210, and for operating class M1 or
M2 vehicles, if so endorsed, that are not commercial vehicles, as defined in subdivision (b) of Section 15210.
(d) A license or driver certificate issued prior to the enactment of Chapter 7 (commencing with Section 15200) is valid to operate the class or type of vehicles specified under the law in existence prior to that enactment until the license or certificate expires or is otherwise suspended, revoked, or canceled. Upon application for renewal or replacement of a driver’s license, endorsement, or certificate required to operate a commercial motor vehicle, a valid medical certificate on a form approved by the department shall be submitted to the department.
(e) The department may accept a certificate of driving skill that is issued by an employer, authorized by the department to issue a certificate under Section 15250, of the applicant, in lieu of a driving test, on class A or
B applications, if the applicant has first qualified for a class C license and has met the other examination requirements for the license for which he or she the applicant is applying. The certificate may be submitted as evidence of the applicant’s skill in the operation of the types of equipment covered by the license for which he or she the applicant is applying.
(f) The department may accept a certificate of competence in lieu of a driving test on class M1 or M2 applications, when the certificate is issued by a law enforcement agency for its officers who operate
class M1 or M2 vehicles in their duties, if the applicant has met the other examination requirements for the license for which he or she the applicant is applying.
(g) The department may accept a certificate of satisfactory completion of a motorcyclist training program approved by the commissioner pursuant to Section 2932 in lieu of a driving test on class M1 or M2 applications, if the applicant has met the other examination requirements for the license for which he or she
the applicant is applying. The department shall review and approve the written and driving test used by a program to determine whether the program may issue a certificate of completion.
(h) Notwithstanding subdivision (b), a person holding a valid California driver’s license of any class may operate a short-term rental motorized bicycle without taking any special examination for the operation of a motorized bicycle, and without having a class M2 endorsement on that license. As used in this subdivision, “short-term” means 48 hours or less.
(i) A person under 21 years of age shall not be issued a class M1 or M2 license or endorsement unless he or she the person
provides evidence satisfactory to the department of completion of a novice motorcycle safety training program that is operated pursuant to Article 2 (commencing with Section 2930) of Chapter 5 of Division 2.
(j) A driver of a vanpool vehicle may operate with a class C license but shall possess evidence of a medical examination required for a class B license when operating vanpool vehicles. In order to be eligible to drive the vanpool vehicle, the driver shall keep in the vanpool vehicle a statement, signed under penalty of perjury, that he or she the driver has not been convicted of reckless driving, drunk driving, or a hit-and-run offense in the last five years.
