BILL ANALYSIS
AB 957
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Date of Hearing: April 12, 1999
ASSEMBLY COMMITTEE ON TRANSPORTATION
Tom Torlakson, Chair
AB 957 (Scott) - As Introduced: February 25, 1999
SUBJECT : Vehicles: motor carriers of property
SUMMARY : Requires the Department of Motor Vehicles (DMV) to
suspend a motor carrier's permit or the Public Utilities
Commission (PUC) to suspend a household goods carrier's permit
upon receipt of a request from the California Highway Patrol for
a motor carrier's failure to submit fees or complete an
application under the Biennial Inspection of Terminals (BIT)
Program.
EXISTING LAW
1)Requires CHP, under the BIT Program, to inspect every motor
carrier terminal at least once every 25 months, and requires
the carrier to schedule the inspection with CHP and to submit
an application form along with the required fees. The fee is
$400 per terminal, or $100 for owner-operators with one to
three vehicles.
2)Requires that applications and fees for the BIT Progarm be
submitted no later than seven months before the expiration of
the motor carrier's current inspection term, and allows CHP to
issue a citation with a possible fine of $270 for failing to
submit the application or pay the fees.
3)Requires CHP to recommend that DMV or PUC suspend or revoke
the permit of a motor carrier if the carrier has failed to
maintain the vehicle in safe operating condition; failed to
prevent a vehicle from becoming an imminent or consistent
danger to public safety; or failed to maintain current driving
records of all drivers employed by the carrier.
FISCAL EFFECT : Unknown
COMMENTS : All fees collected under the BIT program are
deposited in the Motor Vehicle Account (MVA). The Legislature
appropriates an amount equal to the fees from the MVA to CHP for
the purposes of conducting truck terminal inspections and
additional roadside safety inspections. The fees currently
AB 957
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collected into the MVA cover approximately 60% of CHP's costs of
conducting the program. As of October 13, 1998, 5,147
terminals had overdue BIT fee payments, this equals
approximately $1,022,200 in delinquent BIT fees.
CHP is the sponsor of the bill. According to the sponsor, since
the beginning of the BIT program they have had difficulty
collecting inspection fees. Carriers may actively avoid
inspection by relocating their terminals and/or failing to
submit inspections applications and fees. Because of this, CHP
must attempt to collect these fees instead of focusing on the
safety issues of the BIT program. In addition, CHP stresses
that "those who avoid the program and who are cited on the
highways find that the fines typically imposed by the local
courts, with some exceptions, are not punitive, and continued
non-compliance is more cost effective for those carriers."
REGISTERED SUPPORT / OPPOSITION :
Support
California Highway Patrol (sponsor)
Applegate
California Teamsters Public Affairs Council
California Trucking Association
Opposition
None received
Analysis Prepared by : Jennifer Gibson / TRANS. / (916)
319-2093