BILL ANALYSIS
AB 3011
Page 1
Date of Hearing: April 17, 2006
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jenny Oropeza, Chair
AB 3011 (Benoit) - As Amended: March 27, 2006
SUBJECT : Vehicles: out-of-service orders
SUMMARY : Authorizes the Department of the California Highway
Patrol (CHP) to regulate intrastate and interstate
out-of-service ordered vehicles, as permitted by federal law.
Specifically, this bill :
1)States that it is unlawful to fail or refuse to comply with an
out-of-service order issued by a peace officer or commercial
vehicle inspector, of any state, any province of Canada, or
the federal government of the United States, Canada, or
Mexico, when that peace officer or commercial vehicle
inspector is in uniform and performing duties in compliance
with state or federal law.
2)Strikes all obsolete references to the Interstate Commerce
Commission (ICC) and replaces it with the United States
Department of Transportation (USDOT).
3)Adds additional prohibitions on a motor carrier, pursuant to
Title 49 of the Code of Federal Regulations (Title 49) to
include:
a) Operate in this state without the required registration;
b) Operate beyond the limitations or restrictions specified
in its registration; and,
c) Operate in this state without the required operating
authority.
4)Makes it an infraction, punishable by a base fine of $1,000,
for failing to comply with the above mentioned requirements.
5)Allows a member of the CHP to impound a vehicle and its cargo
that is operated in violation of the Title 49 provisions,
until the citation and all charges related to the impoundment
are cleared.
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6)Requires Department of Motor Vehicles (DMV) to suspend the
registration of all vehicles in the name of a person, under
any of the following circumstances:
a) When the Secretary of the USDOT, or his or her designee
issues a lawful out-of-service order pursuant to Title 49;
b) When DMV suspends or revokes a motor carrier of property
permit; and,
c) When Public Utilities Commission (PUC) suspends or
revokes operating authority or private registration.
7)States that registration of a vehicle is to remain suspended
until DMV verifies a person's federal registration or
operating authority, California private registration or
operating authority, or motor carrier, or property permit is
reissued.
8)Deletes the identifying number issued by the ICC as proof of
evidence of financial responsibility.
9)Prohibits entry of a vehicle into the state that is from
another country and does not have evidence of financial
responsibility as required by Title 49.
10)Allows CHP to store or impound a vehicle if the registrant or
driver of the vehicle has failed to pay registration,
regulatory, fuel permit, or other fees, or has an outstanding
warrant in a county in the state.
11)States that the impoundment charges are the responsibility of
the owner of the vehicle.
12)Requires an impounded vehicle to be released upon payment of
the fees or fines associated with storage, or the posting of
bail.
13)Allows the driver or owner of the vehicle to request a
hearing to determine the validity of the seizure.
14)Repeals existing regulations regarding the safe loading and
transportation of specified goods.
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15)Includes farm labor vehicles to the list of vehicles that CHP
must regulate for safe operation.
16)States that DMV and USDOT, in addition to PUC, have authority
over all motor carriers not specified in statute for matters
relating to hours of service and logbooks of drivers.
17)Requires CHP to adopt rules and regulations to promote the
safe operation of vehicles, regarding cargo securement
standards that are consistent with Title 49.
18)Grants exemptions and specifies loading requirements for a
public utility company or a local public agency that provides
electrical or telephone service, or Caltrans, when
transporting poles.
19)Exempts farmers from loading requirements relative to hay
upon a highway if the load is secured in a safe manner.
20)Requires vehicles regulated under DMV, USDOT, in addition to
PUC, to prominently display a carrier identification number
issued by DMV.
21)Requires vehicles engaged in intrastate or interstate
commerce to display an identification number, as specified.
EXISTING LAW :
1)States that is unlawful to fail or refuse to comply with a
lawful out-of-service order issued by a peace officer when the
officer is in uniform and performing his or her duties.
2)Prohibits a foreign motor carrier or foreign private motor
carrier from operating without a certificate of registration
in the vehicle, operating beyond the limitations of the
certificate, or refusing to show the certificate upon request
by a peace officer.
3)Authorizes DMV to suspend, cancel, or revoke the registration
of a vehicle or certificate of ownership, registration card,
license plate, or permit under specified circumstances.
4)Requires a driver and owner of a motor vehicle to be able to
establish financial responsibility.
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5)Authorizes a peace officer to impound a vehicle and its cargo.
6)Requires CHP to regulate the safe operation of vehicles.
7)Requires certain vehicles to prominently display a distinctive
identifying symbol.
FISCAL EFFECT : Unknown
COMMENTS : According to the sponsor, CHP, this bill would bring
into compliance with Title 49 pertaining to commercial motor
carriers. Furthermore, the sponsor contends that this bill
would mirror federal requirements for cargo securement,
out-of-service orders, registration, and financial
responsibility, as well as eliminate the possibility of
California losing $22 million in federal funding, under the
Motor Carrier Safety Assistance Program (MCSAP). The author's
intent is to grant CHP the authority to enforce compliance with
federal requirements.
Currently, certain federal requirements for interstate carriers
are unenforceable in California. CHP states that these
requirements are necessary to ensure that federal requirements
regarding financial responsibility and operating authority for
commercial vehicles entering California from Mexico under the
North American Free Trade Agreement (NAFTA).
In addition, this bill would adopt federal cargo securement
standards that are consistent with Title 49. The federal
government has mandated that all states adopt federal load
securement criteria for carriers operating in interstate
commerce. Failure to comply can also potentially result in the
loss of MCSAP funds, which directly supports CHP's commercial
vehicle enforcement program.
Proponents, such as the California Teamsters Public Affairs
Council (Teamsters), state that this bill is necessary in order
to allow CHP to address commercial trucks that are coming from
across the border and are in violation of safety standards.
The California Farm Bureau Federation (Farm Bureau), who is also
in support, states that foreign trucks entering the state should
be required to meet the same safety standards that domestic
carriers must comply with in order to do business with
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California.
REGISTERED SUPPORT / OPPOSITION :
Support
California Highway Patrol (sponsor)
California Farm Bureau Federation
California Teamsters Public Affairs Council
Opposition
None received
Analysis Prepared by : Gus F. Khouri / TRANS. / (916) 319-2093