Bill Text: CA AB2469 | 2013-2014 | Regular Session | Amended

California Assembly Bill 2469 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Vehicles: pickup trucks.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-05-01 - From committee without further action pursuant to Joint Rule 62(a). [AB2469 Detail]

Download: California-2013-AB2469-Amended.html

BILL NUMBER: AB 2469	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 28, 2014

INTRODUCED BY   Assembly Member Linder

                        FEBRUARY 21, 2014

   An act to amend Section 34601 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2469, as amended, Linder. Vehicles:  motor carriers.
  pickup trucks. 
   Existing law, the Motor Carriers of Property Permit Act, provides
for the issuing of permits for motor carriers of property upon the
payment of a fee and proof of insurance and workers' compensation
coverage. The act defines a "commercial motor vehicle" as, among
other things, any motortruck of 2 or more axles that is more than
10,000 pounds gross vehicle weight rating (GVWR). Existing law
defines a "pickup truck" as a motortruck with a manufacturer's gross
vehicle weight rating of less than 11,500 pounds, an unladen weight
of less than 8,001 pounds, and which is equipped with an open
box-type bed not exceeding 9 feet in length.  
   This bill would change the definition of "commercial motor vehicle"
for purposes of the act by increasing the GVWR for a motortruck of 2
or more axles to 11,500 or more pounds, thereby excluding any
motortruck of 2 or more axles, and any pickup truck, that is less
than 11,500 pounds from the act's provisions.  
   Existing law prohibits a motor carrier of property, as defined,
from operating a commercial motor vehicle on any public highway in
the state, unless it has obtained a carrier identification number in
accordance with specified provisions, has registered the
identification number with the Department of Motor Vehicles, and
holds a valid motor carrier permit issued to that motor carrier by
the department.  
   This bill would make technical, nonsubstantive changes to the
definitions that apply to those provisions. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 34601 of the Vehicle Code, as amended by
Section 13.5 of Chapter 500 of the Statutes of 2013, is amended to
read:
   34601.  (a) As used in this division, "motor carrier of property"
means a person who operates a commercial motor vehicle as defined in
subdivision (c). "Motor carrier of property" does not include a
household goods carrier, as defined in Section 5109 of the Public
Utilities Code, a household goods carrier transporting used office,
store, and institution furniture and fixtures under its household
goods carrier permit pursuant to Section 5137 of the Public Utilities
Code, a person providing only transportation of passengers, or a
passenger stage corporation transporting baggage and express upon a
passenger vehicle incidental to the transportation of passengers.
   (b) As used in this division, "for-hire motor carrier of property"
means a motor carrier of property as defined in subdivision (a) who
transports property for compensation.
   (c) (1) As used in this division, except as provided in paragraph
(2), a "commercial motor vehicle" means a self-propelled vehicle
listed in subdivision (a), (b), (f), (g), or (k) of Section 34500, a
motortruck of two or more axles that is  equal to or  more
than  10,000   11,500  pounds gross vehicle
weight rating, and any other motor vehicle used to transport
property for compensation.
   (2) As used in this division, "commercial motor vehicle" does not
include any of the following:
   (A) A vehicle identified in subdivision (f) of Section 34500, if
the gross vehicle weight rating of the towing vehicle is 10,000
pounds or less.
   (B) A vehicle identified in subdivision (g) of Section 34500, if
the hazardous material transportation does not require the display of
a placard under Section 27903, a license under Section 32000.5, or a
hazardous waste transporter registration under Section 25163 of the
Health and Safety Code, and the vehicle is not operated in commercial
use.
   (C) A vehicle operated by a household goods carrier, as defined in
Section 5109 of the Public Utilities Code, under the household goods
carrier permit pursuant to Section 5137 of that code.
   (D) A vehicle operated by a household goods carrier to transport
used office, store, and institution furniture and fixtures under its
household goods carrier permit pursuant to Section 5137 of the Public
Utilities Code.
   (E)  A pickup truck as defined in Section 471, if the conditions
in subparagraphs (A) and (B) are also met.
   (F)  A two-axle daily rental truck with a gross vehicle weight
rating of less than 26,001 pounds, when operated in noncommercial
use.
   (G) A motortruck or two-axle truck tractor, with a gross vehicle
weight rating of less than 26,001 pounds, operated solely to tow a
camp trailer, trailer coach, fifth-wheel travel trailer, trailer
designed to transport watercraft, or utility trailer. A vehicle
combination described in this subparagraph is not subject to Section
27900, 34501.12, or 34507.5.
   (H) A motortruck or two-axle truck tractor, with a gross vehicle
weight rating of less than 16,001 pounds, operated singly in
noncommercial use.
   (d) As used in this chapter, "private carrier" means a motor
carrier of property, who transports only his or her own property,
including, but not limited to, the delivery of goods sold by that
carrier.
   (e) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.
  SEC. 2.  Section 34601 of the Vehicle Code, as added by Section 14
of Chapter 500 of the Statutes of 2013, is amended to read:
   34601.  (a) As used in this division, "motor carrier of property"
means a person who operates a commercial motor vehicle as defined in
subdivision (c). "Motor carrier of property" does not include a
household goods carrier, as defined in Section 5109 of the Public
Utilities Code, a household goods carrier transporting used office,
store, and institution furniture and fixtures under its household
goods carrier permit pursuant to Section 5137 of the Public Utilities
Code, a person providing only transportation of passengers, or a
passenger stage corporation transporting baggage and express upon a
passenger vehicle incidental to the transportation of passengers.
   (b) As used in this division, "for-hire motor carrier of property"
means a motor carrier of property as defined in subdivision (a) who
transports property for compensation.
   (c) (1) As used in this division, except as provided in paragraph
(2), a "commercial motor vehicle" means a self-propelled vehicle
listed in subdivision (a), (b), (f), (g), or (k) of Section 34500, a
motortruck of two or more axles that is  equal to or  more
than  10,000   11,500  pounds gross vehicle
weight rating, and any other motor vehicle used to transport
property for compensation.
   (2) As used in this division, "commercial motor vehicle" does not
include any of the following:
   (A) A vehicle identified in subdivision (f) of Section 34500, if
the gross vehicle weight rating of the towing vehicle is 10,000
pounds or less.
   (B) A vehicle identified in subdivision (g) of Section 34500, if
the hazardous material transportation does not require the display of
a placard under Section 27903, a license under Section 32000.5, or a
hazardous waste transporter registration under Section 25163 of the
Health and Safety Code, and the vehicle is not operated in commercial
use.
   (C) A vehicle operated by a household goods carrier, as defined in
Section 5109 of the Public Utilities Code, under the household goods
carrier permit pursuant to Section 5137 of that code.
   (D) A vehicle operated by a household goods carrier to transport
used office, store, and institution furniture and fixtures under its
household goods carrier permit pursuant to Section 5137 of the Public
Utilities Code.
   (E) A pickup truck as defined in Section 471, if the conditions in
subparagraphs (A) and (B) are also met.
   (F) A two-axle daily rental truck with a gross vehicle weight
rating of less than 26,001 pounds, when operated in noncommercial
use.
   (G) A vehicle never operated in commercial use, including a
motortruck or two-axle truck tractor, with a gross vehicle weight
rating of less than 26,001 pounds, when operated singly, or, when
used to tow a camp trailer, trailer coach, fifth-wheel travel
trailer, trailer designed to transport watercraft, or a utility
trailer, never operated in commercial use. A vehicle combination
described in this subparagraph is not subject to Section 27900,
34501.12, or 34507.5.
   (d) As used in this chapter, "private carrier" means a motor
carrier of property, who transports only his or her own property,
including, but not limited to, the delivery of goods sold by that
carrier.
   (e) This section shall become operative on January 1, 2016.