BILL ANALYSIS                                                                                                                                                                                                    



                                                          AB 957
                                                          Page  1

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
                                                          Page  2

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