AB 529 — Vehicles: motor carriers: inspections and fees.

Summary

Existing law establishes the Biennial Inspection of Terminals Program (BIT) to ensure the safe operation of certain vehicles by a motor carrier through the inspection of these vehicles at the motor carrier's terminal by the Department of the California Highway Patrol. Existing law defines a motor carrier, for this purpose, as the registered owner of, and in some cases the lessee or person exclusively authorizing and directing the operation of, specified vehicles. Existing law requires, within 30 days of establishing a terminal, a motor carrier to schedule an inspection by submitting to the department an application for a terminal inspection accompanied by the payment of a fee the amount of which is based on the number of vehicles in a terminal or the "terminal fleet size." Existing law requires the department to inspect every terminal at least once every 25 months and defines a terminal as the location or locations designated by the motor carrier where subject vehicles and specific records are available for inspection. This bill would, commencing January 1, 2016, revise and recast these provisions as the Basic Inspection of Terminals (BIT) Program. The bill would, commencing January 1, 2016, authorize the department to conduct terminal inspections at any time. The bill would require the department, on or before January 1, 2016, to implement a performance-based truck terminal inspection priority system similar to that used by the Federal Motor Carrier Safety Administration that would require the department to place an inspection priority on motor carrier terminals never previously inspected by the department. The bill would require, commencing January 1, 2016, the department to create a database to include specified performance-based data and provide real-time information to the department regarding motor carrier performance, as specified. The bill would, commencing January 1, 2016, provide that the department is not required to inspect a terminal more than once every 6 years, if certain conditions apply, and provides that terminals that receive less than a satisfactory compliance rating would be subject to periodic inspections based on the severity of violations. The bill would require the Department of the California Highway Patrol, commencing January 30, 2017, and every 5 years thereafter, to report to the Department of Motor Vehicles the amount it expended for truck terminal inspections and roadside safety inspections. The bill would require the Department of Motor Vehicles to compare those expenditures to the amounts collected for carrier inspection fees, as specified, and, commencing July 1, 2017, and every 5 years thereafter, adjust the carrier inspection fee to ensure that the net revenues from the carrier inspection fee are sufficient to cover the Department of the California Highway Patrol's reasonable costs for those activities. The bill would express the intent of the Legislature in this regard. Existing law provides that it is a misdemeanor for a motor carrier to operate a vehicle without having submitted an inspection application and the required fees to the department, as specified. This bill would revise those provisions to, commencing January 1, 2016, make it a misdemeanor for a motor carrier to operate any of specified types of vehicles without identifying to the department all terminals in this state where vehicles may be inspected by the department and where vehicle inspection and maintenance records and driver records will be made available for inspection. The bill would, commencing January 1, 2016, require the lessor of certain vehicles to make vehicles available for inspection upon request of an authorized representative of the department in the course of inspecting the terminal of the lessee. The bill would make a violation of these provisions a misdemeanor. The bill would, commencing January 1, 2016, make it a misdemeanor for a motor carrier to operate or cause to be operated any of specified vehicles unless the motor carrier is knowledgeable of, and in compliance with, all applicable statutes and regulations. By expanding the provisions of existing law, the violation of which is an offense, this bill would impose a state-mandated local program. The bill would, commencing January 1, 2016, require a motor carrier to make vehicles and records available for inspection upon request by the department and to pay a carrier inspection fee, the amount to be based on the size of the motor carrier's fleet. The bill would, commencing January 1, 2016, impose delinquency fees for failure to pay the fee on time. The bill would make other technical and conforming changes to the BIT Program. This bill would incorporate additional changes to Section 34601 of the Vehicle Code proposed by AB 501 that would become operative if this bill and AB 501 are both enacted and this bill is enacted last. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

• Chaptered 10/03/13 - Chaptered Current pdf October 03, 2013
• Enrolled 09/16/13 - Enrolled pdf September 16, 2013
• Amended 09/03/13 - Amended Senate pdf September 03, 2013
• Amended 06/25/13 - Amended Senate pdf June 25, 2013
• Amended 03/19/13 - Amended Assembly pdf March 19, 2013
• Introduced 02/20/13 - Introduced pdf February 20, 2013
• AB529 View text html

Action History

1. October 03, 2013

   Chaptered by Secretary of State - Chapter 500, Statutes of 2013.

2. October 03, 2013

   Approved by the Governor.

3. September 20, 2013

   Enrolled and presented to the Governor at 4 p.m.

4. September 18, 2013

   Enrolled measure version corrected.

5. September 10, 2013

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 75. Noes 2. Page 3102.).

6. September 10, 2013

   Assembly Rule 63 suspended. (Ayes 53. Noes 25. Page 3064.)

7. September 10, 2013

   Assembly Rule 77 suspended. (Ayes 53. Noes 25. Page 3064.)

8. September 09, 2013

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 11 pursuant to Assembly Rule 77.

9. September 09, 2013

   Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2252.).

10. September 03, 2013

    Read second time and amended. Ordered to third reading.

11. September 03, 2013

    From committee: Do pass as amended. (Ayes 7. Noes 0.) (August 30).

12. August 19, 2013

    In committee: Placed on APPR. suspense file.

13. August 12, 2013

    In committee: Hearing postponed by committee.

14. July 03, 2013

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (July 2). Re-referred to Com. on APPR.

15. June 25, 2013

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on T. & H.

16. June 06, 2013

    Referred to Com. on T. & H.

17. May 23, 2013

    In Senate. Read first time. To Com. on RLS. for assignment.

18. May 23, 2013

    Read third time. Passed. Ordered to the Senate. (Ayes 73. Noes 1. Page 1567.)

19. May 20, 2013

    Read second time. Ordered to third reading.

20. May 16, 2013

    From committee: Do pass. (Ayes 17. Noes 0.) (May 15).

21. April 30, 2013

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 15. Noes 0.) (April 29). Re-referred to Com. on APPR.

22. April 08, 2013

    In committee: Set, first hearing. Hearing canceled at the request of author.

23. March 20, 2013

    Re-referred to Com. on TRANS.

24. March 19, 2013

    From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended.

25. March 19, 2013

    Referred to Com. on TRANS.

26. February 21, 2013

    From printer. May be heard in committee March 23.

27. February 20, 2013

    Read first time. To print.

Sponsors

• Josh Lowenthal · Primary

Votes

Subjects