AB 1516
Page 1
Date of Hearing: April 23, 2012
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
ABPCA Bill Id: AB 1516 (Author:Alejo) – As Amended: Ver: April 17, 2012
SUBJECT: Farm vehicle exemptions
SUMMARY: Provides an exemption for the operation of certain farm vehicle combinations. Specifically, this bill:
1) Enables a farmer or rancher to operate a truck-trailer combination weighing up to 28,500 pounds (up from 26,000 pounds) from the requirement to obtain a Class A license to operate on public highways.
2) Exempts these larger vehicle combinations from the Motor Carriers of Property Permit Act (MCPPA).
3) Makes related, clarifying amendments.
EXISTING LAW:
1) Authorizes the California Department of Motor Vehicles (DMV) to issue various classes of driver's licenses based on the type of vehicle being operated.
2) Authorizes DMV to issue a Class C license to operate a motor vehicle or combination of motor vehicles weighing 26,000 pounds or less when it is operated by a farmer, an employee of a farmer, or a credentialed agricultural instructor as long as the vehicle is used exclusively in the conduct of agricultural operation and is not used in a for-hire capacity or for compensation.
3) Authorizes CHP to regulate the safe operation of commercial vehicles in accordance with the MCPPA.
FISCAL EFFECT: Unknown.
COMMENTS:
Driver's License Requirements: DMV offers various classes of driver's licenses including a basic, Class C license as well as Class A and B licenses. For the most part, licenses are graduated to require increasing oversight and testing for drivers who operate larger and heavier vehicles on California's roadways. California driver's licenses also conform to federal requirements to ensure national driving standards and to allow drivers to operate vehicles across state and national boundaries (in accordance with the National Free Trade Agreement.
The most basic driver's license is a Class C license. A Class C license generally allows a driver to operate 2-axle vehicles with a GVWR of 10,000 pounds or less and to tow a single vehicle with a GVWR of 10,000 pounds or less or a trailer coach or 5th-wheel travel trailer up to 15,000. There are various exemptions that allow drivers to use a Class C license to operate vehicles outside of these parameters. As it relates to this bill, farmers or employees of farmers may operate any combination of vehicles with a GVWR of 26,000 pounds or less and the vehicle or combination of vehicles is used exclusively for agricultural operations and not in a for-hire capacity.
Motor Carriers of Property Permit Act: The MCPPA authorizes DMV to issue a motor carrier permit in order to verify that a motor carrier has met all of the statutory requirements to commercially operate motor vehicles on California's highways. Generally, any person or business entity operating a commercial vehicle with a GVWR of 10,001 pounds or more, either for business or personal use, is also required to enroll in the MCPPA. Enrollment in the MCPPA carries with it the requirement to participate in other safety programs operated by the CHP.
A variety of vehicles, however, are exempt from the MCPPA, including vehicles operated by household goods carriers, utility trailers, two-axle daily rental trucks with a GVWR of less than 26,001 pounds, pickup trucks with a GVWR of less than 11,500 pounds (with box-type bed and not exceeding 9 feet in length when operated in a non-commercial manner), vehicles used only for personal use that are 10,000 GVWR or less, and vehicles that are exempt from registration.
Discussion: By introducing this legislation, the author intends to increase the weight exemption for farm vehicles, so that farmers, including their employees and agricultural instructors, can drive heavier vehicle combinations with a Class C license and have these heavier vehicle combinations exempt from MCPPA requirements.
According to the sponsor, increasing the vehicle combination weight exemption for both licensing and MCPPA requirements is necessary because CHP is citing farmers who unknowingly exceed the farm vehicle weight exemption. The sponsor contends that bringing these vehicles into compliance MCPPA requirements is very costly, particularly given that exemption weights are being exceeded because newer pickups are being made heavier, not because farmers are using inherently new or different equipment. With respect to licensing, the sponsor notes that while obtaining a higher class of license does not necessarily result in substantial out-of-pocket costs, higher classes of driver's license do require a substantial expenditure of time and effort to obtain and maintain.
Supporters note that this bill provides much needed clarity. Specifically, they note that the revision to existing law simply updates license requirements to reflect the increased weight of newer pickups and ensures that farmers can continue to operate substantially similar equipment without having to go through complicated and expensive commercial permitting and licensing processes. Supporters view the bill as a narrowly-tailored exemption that would only apply to a small subset of vehicles and that public safety concerns raised by opponents are inherently addressed by the fact that the newer pickup trucks provide improved braking power over older trucks that more easily meet the weight exemption.
Opponents have expressed concerns that the bill would deregulate the safety of a class of commercial vehicles and would subject the public to increased risk of accidents given that heavier and longer vehicle are more difficult to control. Opponents also suggest that such vehicles should only be driven only by qualified drivers and note that agricultural trucking has one of the worst safety records in the trucking industry.
Opponents have also suggested that this bill would place California out of compliance with federal regulations governing highway safety and could jeopardize millions of dollars in federal transportation funding. In response to this claim, the author states the recent amendments were taken to specifically address these concerns including federal requirements in the bill and limiting the exemptions to vehicles operated in California. The author notes that they have requested an opinion from the United States Department of Transportation (USDOT) to verify that the bill in no way jeopardizes federal funding.
Author's amendment: To address potential safety concerns raised by opponents, the author has offered to amend the bill to: 1) delete reference to the 65-foot vehicle combination length exemption; 2) make the provisions inoperative as of January 1, 2018; and 3) require the CHP to report to the Legislature on or before January 1, 2017, describing whether or not the exemption has resulted in increased accidents and whether or not the exemption should be reauthorized.
Additionally, the author has agreed to drop the bill if the USDOT determines that the provisions would in any way jeopardize federal funding for non-compliance with federal safety regulations.
Previous legislation: AB 2487 (Firestone) Chapter 819, Statutes of 1996, authorized drivers who hold Class C licenses to perform farming operations or tow boats using vehicle combinations up to 26,000 pounds.
AB 2188 (Lowenthal) of 2012 would, among other things, make amend existing law to ensure compliance with the federal Commercial Motor Vehicle Safety Act of 1986 as it relates to commercial motor vehicle licensing.
REGISTERED SUPPORT / OPPOSITION:
Support
California Cattlemen's Association (sponsor)
Butte County Office of the Sheriff
California Association of Nurseries and Garden Centers
California Association of Pest Control Advisors
California Cotton Ginners and Growers Association
California Farm Bureau Federation
California Grain and Feed Association
California Horse Council
California Poultry Federation
California Thoroughbred Breeders Association
Charros Federation USA
Morris Grassfed
Nesei Farmers League
Pacific Egg and Poultry Federation
Professional Rodeo Cowboys Association
Regional Council of Rural Counties
San Luis Obispo Co. Cattlemen's Association
Western Growers Association
Western United Dairyman
Opposition
Teamsters
California Conference Board of the Amalgamated Transit Union
California Conference of Machinists
Analysis Prepared by: Victoria Alvarez / TRANS. / (916) 319- 2093