BILL NUMBER: SB 165 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 22, 2010
AMENDED IN ASSEMBLY JUNE 23, 2009
AMENDED IN SENATE MAY 26, 2009
AMENDED IN SENATE APRIL 14, 2009
INTRODUCED BY Senator Lowenthal
FEBRUARY 14, 2009
An act to amend Section 40203.5 of the Vehicle Code,
relating to vehicles. An act to amend Section 44017.4
of the Health and Safety Code, and to amend Section 4750.1 of the
Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 165, as amended, Lowenthal. Vehicles: parking
violation. specially constructed vehicles.
Existing law defines a specially constructed vehicle as a vehicle
that is built for private use, not for resale, and is not constructed
by a licensed manufacturer or remanufacturer. Existing law requires
all specially constructed vehicles to be subject to the emission
control system testing and certification requirements established by
the Department of Consumer Affairs. Existing law requires a passenger
vehicle or pickup truck that is a specially constructed vehicle to
be inspected by stations authorized to perform referee functions, and
requires the Department of Motor Vehicles, with regard to no more
than the first 500 specially constructed vehicles that are presented
to the department each year for registration, to provide a
registration under which the owner may elect to have an inspection
based on the engine model year used in the vehicle or the vehicle
model-year.
This bill would recast these provisions, and in addition would
provide that the registered owner of a specially constructed vehicle
that is currently registered may apply to register the vehicle using
a different model year in accordance with these provisions.
Existing law makes it a violation for a person to park or leave
standing a vehicle in a stall or space designated for disabled
persons and disabled veterans unless the vehicle displays a special
identification license plate or a distinguishing placard.
This bill would establish a schedule of penalties, which are
collected as civil penalties, for the violation of the above
provision.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 44017.4 of the
Health and Safety Code is amended to read:
44017.4. (a) Upon registration with the Department of Motor
Vehicles, a passenger vehicle or pickup truck that is a specially
constructed vehicle, as defined in Section 580 of the Vehicle Code,
shall be inspected by stations authorized to perform referee
functions. This inspection shall be for the purposes of determining
the engine model-year used in the vehicle or the vehicle model-year,
and the emission control system application. The owner shall have the
option to choose whether the inspection is based on the engine
model-year used in the vehicle or the vehicle model-year.
(1) In determining the engine model-year, the referee shall
compare the engine to engines of the era that the engine most closely
resembles. The referee shall assign the 1960 model-year to the
engine in any specially constructed vehicle that does not
sufficiently resemble a previously manufactured engine. The referee
shall require only those emission control systems that are applicable
to the established engine model-year and that the engine reasonably
accommodates in its present form.
(2) In determining the vehicle model-year, the referee shall
compare the vehicle to vehicles of the era that the vehicle most
closely resembles. The referee shall assign the 1960 model-year to
any specially constructed vehicle that does not sufficiently resemble
a previously manufactured vehicle. The referee shall require only
those emission control systems that are applicable to the established
model-year and that the vehicle reasonably accommodates in its
present form.
(b) Upon the completion of the inspection, the referee shall
affix a tamper-resistant label to the vehicle and issue a certificate
that establishes the engine model-year or the vehicle model-year,
and the emission control system application.
(c) The Department of Motor Vehicles shall annually provide a
registration to no more than the first 500 vehicles that meet the
criteria described in subdivision (a) that are presented to that
department for registration pursuant to this section. The 500-vehicle
annual limitation does not apply to the renewal of registration of a
vehicle registered pursuant to this section.
(c) (1) The Bureau of Automotive Repair may charge the vehicle
owner who applies to participate in the amnesty program, conducted
pursuant to Section 9565 of the Vehicle Code, a fee for each referee
station inspection conducted pursuant to Section 9565 of the Vehicle
Code. The fee shall be one hundred sixty dollars ($160) and shall be
collected by the referee station performing the inspection.
(2) A contract to perform referee services may authorize direct
compensation to the referee contractor from the inspection fees
collected pursuant to paragraph (1). The referee contractor shall
deposit the inspection fees collected from the vehicle owner into a
separate trust account that the referee contractor shall account for
and manage in accordance with generally accepted accounting standards
and principles. If the Department of Motor Vehicles conducts the
inspections pursuant to Section 9565 of the Vehicle Code, the
inspection fees collected by the department shall be deposited into
the Vehicle Inspection and Repair Fund.
SEC. 2. Section 4750.1 of the Vehicle
Code is amended to read:
4750.1. (a) (1) The department shall annually provide a
registration or change of registration to no more than the first 500
vehicles that have model years determined in accordance with the
requirements of Section 44017.4 of the Health and Safety Code that
apply to the department for registration or change of registration
pursuant to this section.
(2) The 500-vehicle annual limitation does not apply to the
renewal of registration of a specially constructed vehicle that was
previously registered by the department.
(b) The registered owner of a specially constructed vehicle that
is currently registered may apply to register the vehicle using a
different model year determined in accordance with the requirements
of Section 44017.4 of the Health and Safety Code.
(a)
(c) If the department receives an application for
registration of a specially constructed passenger vehicle or pickup
truck after it has registered 500 specially constructed vehicles
during that calendar year pursuant to in
accordance with the requirements of Section 44017.4
of the Health and Safety Code, and the vehicle has not been
previously registered, the vehicle shall be assigned the same
model-year as the calendar year in which the application is
submitted, for purposes of determining emissions inspection
requirements for the vehicle.
(b)
(d) (1) If the department receives an application for
registration of a specially constructed passenger vehicle or pickup
truck that has been previously registered after it has registered 500
specially constructed vehicles during that calendar year
pursuant to in accordance with the requirements of
Section 44017.4 of the Health and Safety Code, and the
application requests a model-year determination different from the
model-year assigned in the previous registration, the application for
registration shall be denied and the vehicle owner is subject to the
emission control and inspection requirements applicable to the
model-year assigned in the previous registration.
(2) For a vehicle participating in the amnesty program in effect
from January 1, 2010, until December 31, 2010, pursuant to Section
9565, the model-year of the previous registration shall be the
calendar year of the year in which the vehicle owner applied for
amnesty. However, a denial of an application for registration issued
pursuant to this paragraph does not preclude the vehicle owner from
applying for a different model-year determination and application for
registration under Section 44017.4 of the Health and Safety Code in
a subsequent calendar year.
(c) (1) The Bureau of Automotive Repair may charge the vehicle
owner who applies to participate in the amnesty program a fee for
each referee station inspection conducted pursuant to Section 9565.
The fee shall be one hundred sixty dollars ($160) and shall be
collected by the referee station performing the inspection.
(2) A contract to perform referee services may authorize direct
compensation to the referee contractor from the inspection fees
collected pursuant to paragraph (1). The referee contractor shall
deposit the inspection fees collected from the vehicle owner into a
separate trust account that the referee contractor shall account for
and manage in accordance with generally accepted accounting standards
and principles. Where the department conducts the inspections
pursuant to Section 9565, the inspection fees collected by the
department shall be deposited into the Vehicle Inspection and Repair
Fund.
SECTION 1. Section 40203.5 of the Vehicle Code
is amended to read:
40203.5. (a) The schedule of parking penalties for parking
violations and late payment penalties shall be established by the
governing body of the jurisdiction where the notice of violation is
issued. To the extent possible, issuing agencies within the same
county shall standardize parking penalties.
(b) Parking penalties under this article shall be collected as
civil penalties.
(c) (1) The penalty for a violation of Section 22507.8 shall be as
follows:
(A) Not less than two hundred fifty dollars ($250) and not more
than five hundred dollars ($500) for the first offense.
(B) Not less than five hundred dollars ($500) and not more than
seven hundred fifty dollars ($750) for the second offense.
(C) Not less than seven hundred fifty dollars ($750) and not more
than one thousand dollars ($1,000) for three or more offenses.
(2) The issuing agency may suspend the imposition of the penalty
in paragraph (1), if the violator, at the time of the offense,
possessed but failed to display a valid special identification
license plate issued pursuant to Section 5007 or a distinguishing
placard issued pursuant to Section 22511.55 or 22511.59.
(3) A penalty imposed pursuant to this subdivision may be paid in
installments if the issuing agency determines that the violator is
unable to pay the entire amount in one payment.