ASSEMBLY BILL No. 3020 · household goods carriers of the law or the orders, decisions, rules, directions, or requirements of the commission. ... controlled substances, instruments,

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AMENDED IN SENATE AUGUST 22, 1996

AMENDED IN SENATE JULY 10, 1996

AMENDED IN SENATE JUNE 18, 1996

AMENDED IN ASSEMBLY MAY 7, 1996

AMENDED IN ASSEMBLY APRIL 18, 1996

CALIFORNIA LEGISLATURE—1995–96 REGULAR SESSION

ASSEMBLY BILL No. 3020

Introduced by Assembly Member Bowler

February 23, 1996

An act to amend Section 564 of the Code of Civil Procedure,to amend Section 19993.7 of, and to add Section 65088.5 to, theGovernment Code, and to amend Sections 11474, 44013.5, and44251 of, to amend and repeal Section 43705 of, and to repealSections 39047.4, 39053.1, 40925, 40927, 43705, 44001, 44001.6,44001.7, 44011, 44012, 44015, 44037 44037.1, 44225.1, 44236.1,44255, and 44256 of, the Health and Safety Code, to amendSection 20291 of the Public Contract Code, to amend Sections5374, 21687, and 103222 of, and to add Section 5259.5 to, thePublic Utilities Code, to amend Sections 92.3, 164.10, 164.11,164.12, 164.13, 164.14, 164.15, 164.16, 253.1, 253.7, 318, 411, 433,541, 561, and 2557 of, and to repeal Sections 524, 531, and 575of, the Streets and Highways Code, and to amend Sections 22,23, 24, 2421.5, 4021, 3016, 24, 2421.5, 4000.7, 4021, 5064, 12810,12815, 13003, 14908, 16000, 16056, 16431, 21655.8, 21806, 22651,23157, 23190, 23250, 23302, 25258, 25279, 26708, 27315, 27365,34501.12, 34505.9, 35550, 40152, 40225, and 40254 of, and to

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repeal Sections 24011.7 and 25258.1 Section 25258.1 of, theVehicle Code, relating to transportation, and declaring theurgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

AB 3020, as amended, Bowler. Transportation.(1) Existing law authorizes the executive director of the

Public Utilities Commission to make an application to anappropriate superior court for the purpose of stopping orpreventing, by means of mandamus, injunction, orimpounding of vehicles, violations or threatened violations byhousehold goods carriers of the law or the orders, decisions,rules, directions, or requirements of the commission.

Existing law authorizes the appointment of a receiver bythe superior court at the request of the Public UtilitiesCommission when the commission determines that a water orsewer system corporation has, among other things, beenabandoned by its owners.

Under existing law there is in the State Treasury aTransportation Rate Fund for purposes of, among otherthings, administering and enforcing the Household GoodsCarriers Act.

This bill would require the commission to commence aproceeding in a prescribed superior court to seek relief by wayof mandamus, injunction, or appointment of a receiver,whenever it determines that a household goods carrier hasabandoned or is abandoning stored household goods orproperty of any shipper under contract with the carrier, orwhen the abandonment or threatened abandonmentjeopardizes the property or funds of others in the custody orcontrol of the carrier. The bill would authorize the superiorcourt to appoint a receiver or commission staff to identify,take possession of, return, or otherwise preserve and protectthe funds or property at issue. The bill would authorize thecourt to allow the commission to arrange for hiring theappointed receiver in accordance with certain requirements.The bill would require that fees for a receiver be paid fromcertain fees made available in the Transportation Rate Fund.

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(2) Existing law makes specified provisions relating tostate-owned motor vehicles inapplicable to members of theDepartment of the California Highway Patrol.

This bill would, additionally, make those provisionsinapplicable to the Sergeant-at-Arms of each house of theLegislature, as specified.

(3) Existing law requires the development, adoption, andupdating of a congestion management program for eachcounty that includes an urbanized area. Existing law requirescongestion management programs to be incorporated intothe regional transportation improvement program byDecember 15 of each odd-numbered year.

The bill would impose a state-mandated local program byrequiring regional transportation planning agencies toincorporate the congestion management programs preparedby county transportation commissions and transportationauthorities, as specified, into a federally required congestionmanagement system.

(4) Under existing law, a court order for the destruction ofcontrolled substances, instruments, or paraphernalia may becarried out by a police or sheriff’s department or by theDepartment of Justice.

This bill additionally would authorize the Department ofthe California Highway Patrol to carry out a court order forthe destruction of these items.

(5) Existing law, which is to become operative only ifspecified conditions are met, establishes a pilot programconsisting of requirements for odometer checks, annual smogchecks, and reduction of target pollution miles, applicable inthe San Diego County Air Pollution Control District and theVentura County Air Pollution Control District. Existing lawimposes various requirements on the State Air ResourcesBoard, the Department of Consumer Affairs, and the Bureauof Automotive Repair relative to the pilot program.

This bill would repeal those provisions relating to that pilotprogram. The bill would also revise repeal provisionspertaining to the establishment and use of a vehicle smogindex system.

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This bill would also provide for the smog index for diesel fuelvehicles and would impose duties on the state board regardingthat index.

(6) Existing law requires contracts of the Santa CruzMetropolitan Transit District to be let to the lowestresponsible bidder when the expenditure required exceeds$10,000.

This bill would increase that expenditure limit from $10,000to $50,000.

(7) Existing law prohibits a charter party carrier ofpassengers, except as specified, to engage in specifiedtransportation services without first having obtained acertificate of public convenience and necessity or a permitfrom the Public Utilities Commission. Existing law requiresthe commission, before issuing the certificate, to require theapplicant to establish reasonable fitness and financialresponsibility to initiate and conduct or continue to conductthe proposed or existing transportation services, includingmeeting specified requirements relating to hours of service,preventative maintenance, safety, and worker’scompensation insurance.

This bill would authorize the commission to delegate to itsexecutive director or that executive director’s designee theauthority to renew, or authorize the transfer of, charter partycarrier permits or certificates and to make findings relating tothe requirements specified above.

(8)(7) Existing law requires that, whenever any airport for

which payments have been made from the AeronauticsAccount or any predecessor fund ceases to be used as anairport open to the general public for a period in excess of oneyear, the public entity to which those payments were madepay to the state an amount computed by the Controller, andthose funds are required to be deposited in the AeronauticsAccount.

This bill would require that the amount to be paid asspecified above be computed by the Department ofTransportation, instead of the Controller.

(9)

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(8) Under existing law, contracts by the San Mateo CountyTransit District for the purchase of supplies, equipment, andmaterials in excess of $10,000 are to be awarded pursuant toa competitive bid procedure, except in a declared boardemergency.

This bill would increase the dollar amount subject to the bidprocedure to $25,000 and would authorize the board todelegate to the district general manager, the power to awarda contract of up to $50,000.

(10)(9) Existing law requires the Department of

Transportation to take certain steps to reduce the use of waterfor freeway landscaping and to use recycled water for thosepurposes whenever possible. Existing law requires thedepartment to report to the Legislature, as specified,regarding its compliance with these requirements.

This bill would delete that reporting requirement.(11)(10) Existing law requires the Department of

Transportation to have developed a plan to identify projectson which construction can be started not later than June 30,2000, which will provide the most adequate interregional roadsystem to all economic centers in the state. The projects arerequired to be on eligible routes identified under specifiedprovisions of existing law.

This bill would change the locations of certain routesidentified under the specified provisions.

(12)(11) Existing law establishes the California freeway

Freeway and expressway system Expressway System andrequires that it be composed of the highways specified incertain provisions of existing law.

This bill would make specified changes to the Californiafreeway and expressway system.

(13)(12) Existing law requires that the state highway system

consist of the routes described in specified provisions ofexisting law.

This bill would make specified changes to the state highwaysystem.

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(14)(13) Existing law requires that specified funds be used for

the implementation, maintenance, and operation of amotorist aid system of call boxes, including the lease orlease-purchase of facilities and equipment for the system, onthe portions of the California Freeway and ExpresswaySystem and a county expressway system, and on state highwayroutes that connect segments of these systems, which arelocated within the county in which a specified authority isestablished and over which the Department of the CaliforniaHighway Patrol or an agency designated by that departmenthas law enforcement responsibility. Existing law requires thedepartment to answer calls and provide central dispatchingservices for the system.

This bill would, additionally, include unincorporatedcounty roads in the County of Los Angeles counties with apopulation of over 6,000,000 persons within that system of callboxes. The bill would require the department to answer callsand provide central dispatching services for the system forthose roads.

(15)(14) Existing law requires that whenever a notice is

required to be given under the Vehicle Code by a departmentor any division, officer, or employee, that notice shall be giveneither by personal delivery to the person to be notified or bymailing the notice, postage prepaid, addressed to the personat the person’s address as shown by the records of theDepartment of Motor Vehicles.

This bill would specify that the provision applies toinstances when notice is required to be given by an agent ofthe department and that the notice may be given by certifiedmail, return receipt requested. The bill would provide thatthe giving of notice by the described certified mail is completewhen the person signs the receipt and that signed receipt isdeposited in the mail for its return to the department.

(16)(15) Existing law exempts a vehicle from registration with

the Department of Motor Vehicles if the vehicle is designedor altered for, and used exclusively for, the refueling of aircraftat a public airport and the vehicle is operated upon a highway

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under the control of a local authority for a continuous distancenot exceeding 1/4 mile each way to and from a bulk fuelstorage facility.

This bill would increase the distance specified above to 1/2mile.

(17)(16) Existing law authorizes the Department of Motor

Vehicles to issue environmental license plates and a specifiedspecial environmental design license plate. The departmentis required to charge specified fees for specified servicesrelating to those plates.

This bill would require the department to charge $65 for theconversion of an existing environmental license plate to thespecified special environmental design license plate.

(18)(17) Existing law requires that any person whose driving

record shows a specified violation point count within aspecified period to be prima facie presumed to be a negligentoperator of a motor vehicle. For purposes of that provision,any conviction of a violation of specified provisions, relatingto driving with a suspended or revoked license, is assigned aviolation point count of 2.

This bill would, additionally, assign a violation point countof 2 to any conviction of a violation of a specified provisionrelating to driving a vehicle with a driver’s license that hasbeen administratively suspended or revoked by theDepartment of Motor Vehicles under specified provisions ordriving in violation of restrictions imposed by the departmentunder specified provisions.

(19)(18) Existing law requires the Department of Motor

Vehicles to provide, as specified, a duplicate driver’s licenseor identification card to a person whose license or card hasbeen lost, destroyed, or mutilated.

This bill would require a person in possession of a validdriver’s license or identification card who has been informedeither by the department or by a law enforcement agencythat the document is mutilated, as defined by the bill, tosurrender the document to the department not later than 10days after that notification.

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(20)(19) Existing law requires the driver of every motor

vehicle who is in any manner involved in an accidentoriginating from the operation of a motor vehicle on anystreet or highway that has resulted in damage to the propertyof any one person in excess of $500 or in bodily injury or in thedeath of any person to report the accident within 10 days afterthe accident, either personally or through an insurance agent,broker, or legal representative, on a form approved by theDepartment of Motor Vehicles to the office of the departmentat Sacramento.

Existing law requires the department to suspend thedriving privilege of any person who fails, refuses, or neglectsto make the specified report or when the person fails to provethe existence of financial responsibility, as defined, at the timeof the accident.

This bill would specify that the department is not requiredto file the specified report or suspend the driving privilege asspecified above if none of the parties involved in an accidenthas reported that accident to the department within one yearfollowing the date of the accident.

(21)(20) Existing law requires that a driver involved in a

reportable accident, as specified, establish proof of financialresponsibility to the satisfaction of the department. Existinglaw authorizes that proof to be in the form of a certificate orcertificates that meets specified requirements, including thatit be from an insurance carrier duly authorized to do businesswithin the state, in addition to other specified requirements.

Existing law requires the department to require that aperson whose driver’s license has been revoked, suspended,or restricted pursuant to specified provisions of the VehicleCode provide, as proof of financial responsibility, a certificateor certificates that covers all motor vehicles registered to theperson and meets the requirement specified above, beforereinstatement of his or her driver’s license.

This bill would authorize a resident of another state toprovide proof of financial responsibility when required to doso under the Vehicle Code from a company authorized to dobusiness in that person’s state of residence, if that proof is

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satisfactory to the department, covers the operation of avehicle in this state, and meets specified minimum coveragelimit requirements.

The bill would prohibit the department from issuing orreturning a driver’s license to a nonresident who hasestablished proof of financial responsibility as specified aboveand then returned to the state, until the person files a writtencertificate or certificates, as specified above, that meets theminimum coverage limit requirements specified above andcovers the period during which the person is required tomaintain proof of financial responsibility.

(22)(21) Existing law requires that, upon the immediate

approach of an authorized emergency vehicle that is soundinga siren and that has at least one lighted lamp exhibiting redlight that is visible, under normal atmospheric conditions,from a distance of 1,000 feet to the front of the vehicle, thedriver of every other vehicle yield the right-of-way andimmediately drive to the right-hand edge or curb of thehighway, clear of any intersection, and thereupon stop andremain stopped until the authorized emergency vehicle haspassed.

This bill would require a person driving a vehicle in anexclusive or preferential use lane to exit that lane immediatelyupon determining that the exit can be accomplished withreasonable safety, upon the approach of an authorizedemergency vehicle displaying a red light or siren, as specified.

(23)(22) Existing law authorizes a law enforcement officer to

use a preliminary alcohol screening test, as specified, onlyafter the officer evaluates the totality of the circumstances,including a person’s performance on field sobriety tests. Thepreliminary alcohol screening test is authorized to be used asa further investigative tool if a person refuses to take fieldsobriety tests or is incapable of taking the tests, unless theperson refuses to take the preliminary alcohol screening test.

This bill would delete the conditions specified above foradministering the preliminary alcohol screening test andwould, instead, specify that the test is a field sobriety test thatmay be used by an officer as a further investigative tool.

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(24)(23) Existing law authorizes the display of a steady flashing

blue warning light visible from the front, sides, or rear of anauthorized emergency vehicle when used by designatedpeace officers.

This bill would authorize the display of those blue warninglights on an authorized emergency vehicle used by a railroadpolice officer, as specified.

(25)(24) Existing law authorizes the Sergeant-at-Arms of each

house of the Legislature to use specified flashing lights onlywhen operating an authorized emergency vehicle underspecified conditions, if the primary duty of the peace officeris the enforcement of the law in or about properties owned,operated, or administered by the employing agency or whenperforming duties with respect to patrons, employees, andproperties of the employing agency.

This bill would repeal the provision imposing the specifiedconditions for using specified flashing lights in the operationof the authorized emergency vehicle by theSergeant-at-Arms.

(26)(25) Existing law authorizes vehicles owned and operated

by private security agencies and utilized exclusively onspecified privately owned and maintained roads to displayflashing amber warning lights to the front, sides, or rear, whilebeing operated in response to emergency calls for theimmediate preservation of life or property.

This bill would authorize those vehicles to be equipped witha flashing amber warning light system while the vehicle isoperated on a highway, if the vehicle is in compliance with aspecified provision relating to special markings for policevehicles and the vehicle is distinctively marked in a specifiedmanner.

The bill would prohibit the flashing amber warning lightsystem specified above from being activated while the vehicleis on the highway, unless otherwise directed by a peaceofficer, as defined. Because a violation of this provision wouldbe an infraction, the bill would impose a state-mandated localprogram by creating a new crime.

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The bill would authorize a peace officer to order that theflashing amber warning light system of a vehicle that is foundto be in violation of these provisions to be immediatelyremoved at the place of business of the vehicle’s owner or agarage.

The bill would prohibit a flashing amber warning lightsystem from being installed on a vehicle that has been foundto be in violation of these provisions, unless writtenauthorization is obtained from the Commissioner of theCalifornia Highway Patrol. Because a violation of thisprovision would be an infraction, the bill would impose astate-mandated local program by creating a new crime.

The bill would authorize the vehicle to be removed fromthe highway when a peace officer issues a notice to appear fora violation of these provisions.

(27)(26) Existing law requires that a person convicted of being

under the influence of drugs or alcohol, or under thecombined influence of those, while driving a vehicle andconcurrently doing any act forbidden by law that proximatelycauses bodily injury to any person other than the driver bepunished by specified terms of imprisonment in the stateprison and by specified fines if the offense occurred within 7years of 2 or more separate violations of specified provisionsprohibiting driving while under the influence of alcohol ordrugs, or both alcohol and drugs. Existing law requires thecourt to order a person punished by imprisonment in the stateprison under that provision to participate in an alcohol or drugprogram that is available at the prison during the person’sconfinement.

Existing law requires that the driving privileges of a personpunished as specified above be revoked for 5 years and notreinstated until, among other things, the person gives proofsatisfactory to the Department of Motor Vehicles of successfulcompletion of a drug or alcohol program licensed under aspecified provision of the Health and Safety Code, or aprogram specified in a specified provision of the Penal Code.

This bill would specify that participation in an alcohol ordrug program under the punishment provision specifiedabove does not meet the program completion requirement

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specified above, unless the drug or alcohol program is licensedas specified above or is specified in the Penal Code as specifiedabove.

(28)(27) Under existing law, it is unlawful to refuse to pay tolls

or other charges on any vehicular crossing or toll highway.Existing law provides that it is prima facie evidence of aviolation of this prohibition for any person to enter upon anyvehicular crossing without either lawful money or anAutomatic Vehicle Identification account with a sufficientbalance.

This bill would expand this provision to include tollhighways within the provision and would include atransponder or other electronic toll payment deviceassociated with a valid Automatic Vehicle Identificationaccount within the scope of the provision. The bill wouldrequire transponders or other electronic toll payment devicesto be located, as specified. To the extent that these provisionswould expand the scope of an existing crime, the bill wouldimpose a state-mandated local program.

(29)(28) Existing law prohibits any person from driving a

motor vehicle with any object or material placed, displayed,installed, affixed, or applied upon the windshield or side orrear windows, except as specified.

This bill would exempt from that provision electroniccommunication devices that provide the capability forenforcement facilities of the Department of the CaliforniaHighway Patrol to communicate with the vehicle, or forelectronic toll and traffic management on public or privateroads or facilities, if the device is affixed to the upper-mostcenter portion of the interior of the windshield within an areaof not more than 5 inches by 5 inches.

(30)(29) Existing law prohibits any person from operating a

private passenger motor vehicle on a highway unless thatperson and all passengers 16 years of age or over are properlyrestrained by a safety belt. Existing law provides that thisprovision is not applicable to a peace officer, as defined, whenin an authorized emergency vehicle as defined, or to any

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passenger in any seat behind the front seat of an authorizedemergency vehicle operated by the peace officer, unlessrequired by the agency employing the peace officer.

The bill would, instead, provide that the provision is notapplicable to a public employee, under the circumstancesspecified above.

(31)(30) Under existing law, every car rental agency is

required to inform each of its customers of informationregarding child restraint systems which information isrequired to be posted.

This bill would revise the contents of the posted informationto conform to existing statutory requirements regarding childrestraint systems.

(32)(31) Existing law requires the Department of the

California Highway Patrol to inspect at least every 25 monthsevery terminal of any motor carrier who operates specifiedcommercial motor vehicles. The department is authorized toaward a specified certificate and conduct an administrativereview in lieu of the next required inspection when theterminal has been assigned 2 or more consecutive satisfactorycompliance ratings under the 25-month inspections. Oceanmarine terminals, as defined, are authorized to conduct anintermodal roadability inspection program, as described, inlieu of a required 90-day safety inspection if the terminal hasbeen assigned 2 or more consecutive satisfactory complianceratings under the 25-month inspection specified above.

This bill would prohibit the award of the certificatespecified above and the in-lieu inspections specified above ifthe terminal has received an unsatisfactory compliance ratingas a result of any inspection conducted in the interim betweenthe 2 consecutive 25-month inspections specified above.

(33)(32) Existing law prohibits the gross weight upon any one

wheel, or wheels, supporting one end of an axle fromexceeding 10,500 pounds, except that the gross weightimposed upon the highway by the wheels on any frontsteering axle of a motor vehicle shall not exceed 12,500

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pounds. Existing law exempts specified vehicles from thefront axle weight limit.

This bill would delete the front steering axle’s 12,500 poundlimit, would delete the exemptions from that limit, and wouldestablish a maximum wheel load limit as the lesser of the roadload limit established by the tire manufacturer, as specified,or 620 pounds per lateral inch of tire width, as prescribed, forall axles, except for the steering axle. To the extent that thislatter provision would create a new crime, the bill wouldimpose a state-mandated local program.

(34)(33) Under existing law, if a vehicle has evaded tolls on any

toll road or bridge, among other things, the notice of tollevasion violation is required to include fixing the time andplace for appearance by the registered owner, the lessee, orthe renter to answer the notice.

This bill would delete the requirement that the noticecontain the specified information regarding fixing the timeand place for appearance.

(35)(34) The California Constitution requires the state to

reimburse local agencies and school districts for certain costsmandated by the state. Statutory provisions establishprocedures for making that reimbursement, including thecreation of a State Mandates Claims Fund to pay the costs ofmandates that do not exceed $1,000,000 statewide and otherprocedures for claims whose statewide costs exceed$1,000,000.

This bill would provide that with regard to certainmandates no reimbursement is required by this act for aspecified reason.

With regard to any other mandates, this bill would providethat, if the Commission on State Mandates determines thatthe bill contains costs so mandated by the state,reimbursement for those costs shall be made pursuant to thestatutory provisions noted above.

(35) This bill would incorporate additional changes asfollows: (a) in Section 564 of the Code of Civil Procedure,proposed by SB 947, (b) in Sections 16056 and 16431 of theVehicle Code, proposed by SB 1129, (c) in Section 22651 of the

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Vehicle Code, proposed by AB 3157 or AB 2288, or both, and(d) in Section 34501.12 of the Vehicle Code, proposed by AB1675, to be operative only if the other bills are also enacted andthis bill is enacted last.

(36) This bill would declare that it is to take effectimmediately as an urgency statute.

Vote: 2/3. Appropriation: no. Fiscal committee: yes.State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1. This act shall be known and may be citedas the Omnibus Transportation Act of 1996.

SEC. 2. Section 564 of the Code of Civil Procedure isamended to read:

564. (a) A receiver may be appointed, in the mannerprovided in this chapter, by the court in which an actionor proceeding is pending in any case in which the courtis empowered by law to appoint a receiver.

(b) In superior court a receiver may be appointed bythe court in which an action or proceeding is pending, orby a judge thereof, in the following cases:

(1) In an action by a vendor to vacate a fraudulentpurchase of property, or by a creditor to subject anyproperty or fund to the creditor’s claim, or betweenpartners or others jointly owning or interested in anyproperty or fund, on the application of the plaintiff, or ofany party whose right to or interest in the property orfund, or the proceeds thereof, is probable, and where itis shown that the property or fund is in danger of beinglost, removed, or materially injured.

(2) In an action by a secured lender for the foreclosureof the deed of trust or mortgage and sale of the propertyupon which there is a lien under a deed of trust ormortgage, where it appears that the property is in dangerof being lost, removed, or materially injured, or that thecondition of the deed of trust or mortgage has not beenperformed, and that the property is probably insufficientto discharge the deed of trust or mortgage debt.

(3) After judgment, to carry the judgment into effect.

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(4) After judgment, to dispose of the propertyaccording to the judgment, or to preserve it during thependency of an appeal, or pursuant to Title 9(commencing with Section 680.010) (enforcement ofjudgments), or after sale of real property pursuant to adecree of foreclosure, during the redemption period, tocollect, expend, and disburse rents as directed by thecourt or otherwise provided by law.

(5) In the cases when a corporation has been dissolved,or is insolvent, or in imminent danger of insolvency, orhas forfeited its corporate rights.

(6) In an action of unlawful detainer.(7) At the request of the Public Utilities Commission

pursuant to Sections 855 and 5259.5 of the Public UtilitiesCode.

(8) In all other cases where receivers have heretoforebeen appointed by the usages of courts of equity.

(9) At the request of the Office of Statewide HealthPlanning and Development, or the Attorney General,pursuant to Section 436.222 of the Health and SafetyCode.

(10) In an action by a secured lender for specificperformance of an assignment of rents provision in a deedof trust, mortgage, or separate assignment document. Inaddition, that appointment may be continued after entryof a judgment for specific performance in that action, ifappropriate to protect, operate, or maintain real propertyencumbered by the deed of trust or mortgage or to collectthe rents therefrom while a pending nonjudicialforeclosure under power of sale in the deed of trust ormortgage is being completed.

(c) A receiver may be appointed, in the mannerprovided in this chapter, including, but not limited to,Section 566, by the superior court in an action brought bya secured lender to enforce the rights provided in Section2929.5 of the Civil Code, to enable the secured lender toenter and inspect the real property security for thepurpose of determining the existence, location, nature,and magnitude of any past or present release orthreatened release of any hazardous substance into, onto,

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beneath, or from the real property security. The securedlender shall not abuse the right of entry and inspection oruse it to harass the borrower or tenant of the property.Except in case of an emergency, when the borrower ortenant of the property has abandoned the premises, or ifit is impracticable to do so, the secured lender shall givethe borrower or tenant of the property reasonable noticeof the secured lender’s intent to enter and shall enter onlyduring the borrower’s or tenant’s normal business hours.Twenty-four hours’ notice shall be presumed to bereasonable notice in the absence of evidence to thecontrary.

(d) Any action by a secured lender to appoint areceiver pursuant to this section shall not constitute anaction within the meaning of subdivision (a) of Section726.

(e) For purposes of this section:(1) ‘‘Borrower’’ means the trustor under a deed of

trust, or a mortgagor under a mortgage, where the deedof trust or mortgage encumbers real property securityand secures the performance of the trustor or mortgagorunder a loan, extension of credit, guaranty, or otherobligation. The term includes any successor-in-interest ofthe trustor or mortgagor to the real property securitybefore the deed of trust or mortgage has been discharged,reconveyed, or foreclosed upon.

(2) ‘‘Hazardous substance’’ means (A) any ‘‘hazardoussubstance’’ as defined in subdivision (f) of Section 25281of the Health and Safety Code as effective on January 1,1991, or as subsequently amended, (B) any ‘‘waste’’ asdefined in subdivision (d) of Section 13050 of the WaterCode as effective on January 1, 1991, or as subsequentlyamended, or (C) petroleum, including crude oil or anyfraction thereof, natural gas, natural gas liquids, liquefiednatural gas, or synthetic gas usable for fuel, or any mixturethereof.

(3) ‘‘Real property security’’ means any real propertyand improvements, other than a separate interest andany related interest in the common area of a residentialcommon interest development, as the terms ‘‘separate

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interest,’’ ‘‘common area,’’ and ‘‘common interestdevelopment’’ are defined in Section 1351 of the CivilCode, or real property consisting of one acre or less whichcontains 1 to 15 dwelling units.

(4) ‘‘Release’’ means any spilling, leaking, pumping,pouring, emitting, emptying, discharging, injecting,escaping, leaching, dumping, or disposing into theenvironment, including continuing migration, ofhazardous substances into, onto, or through soil, surfacewater, or groundwater.

(5) ‘‘Secured lender’’ means the beneficiary under adeed of trust against the real property security, or themortgagee under a mortgage against the real propertysecurity, and any successor-in-interest of the beneficiaryor mortgagee to the deed of trust or mortgage.

SEC. 2.1. Section 564 of the Code of Civil Procedureis amended to read:

564. (a) A receiver may be appointed, in the mannerprovided in this chapter, by the court in which an actionor proceeding is pending in any case in which the courtis empowered by law to appoint a receiver.

(b) In superior court a receiver may be appointed bythe court in which an action or proceeding is pending, orby a judge thereof, in the following cases:

(1) In an action by a vendor to vacate a fraudulentpurchase of property, or by a creditor to subject anyproperty or fund to the creditor’s claim, or betweenpartners or others jointly owning or interested in anyproperty or fund, on the application of the plaintiff, or ofany party whose right to or interest in the property orfund, or the proceeds thereof, is probable, and where itis shown that the property or fund is in danger of beinglost, removed, or materially injured.

(2) In an action by a secured lender for the foreclosureof the deed of trust or mortgage and sale of the propertyupon which there is a lien under a deed of trust ormortgage, where it appears that the property is in dangerof being lost, removed, or materially injured, or that thecondition of the deed of trust or mortgage has not been

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performed, and that the property is probably insufficientto discharge the deed of trust or mortgage debt.

(3) After judgment, to carry the judgment into effect.(4) After judgment, to dispose of the property

according to the judgment, or to preserve it during thependency of an appeal, or pursuant to Title 9(commencing with Section 680.010) (enforcement ofjudgments), or after sale of real property pursuant to adecree of foreclosure, during the redemption period, tocollect, expend, and disburse rents as directed by thecourt or otherwise provided by law.

(5) In the cases when a corporation has been dissolved,or is insolvent, or in imminent danger of insolvency, orhas forfeited its corporate rights.

(6) In an action of unlawful detainer.(7) At the request of the Public Utilities Commission

pursuant to Section Sections 855 and 5259.5 of the PublicUtilities Code.

(8) In all other cases where receivers have heretoforebeen appointed by the usages of courts of equity.

(9) At the request of the Office of Statewide HealthPlanning and Development, or the Attorney General,pursuant to Section 436.222 of the Health and SafetyCode.

(10) In an action by a secured lender for specificspecified performance of an assignment of rents provisionin a deed of trust, mortgage, or separate assignmentdocument. In addition, that appointment may becontinued after entry of a judgment for specificperformance in that action, if appropriate to protect,operate, or maintain real property encumbered by thedeed of trust or mortgage or to collect the rents therefromwhile a pending nonjudicial foreclosure under power ofsale in the deed of trust or mortgage is being completed.

(11) In a case brought by an assignee under anassignment of leases, rents, issues, or profits pursuant tosubdivision (g) of Section 2938 of the Civil Code.

(c) A receiver may be appointed, in the mannerprovided in this chapter, including, but not limited to,Section 566, by the superior court in an action brought by

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a secured lender to enforce the rights provided in Section2929.5 of the Civil Code, to enable the secured lender toenter and inspect the real property security for thepurpose of determining the existence, location, nature,and magnitude of any past or present release orthreatened release of any hazardous substance into, onto,beneath, or from the real property security. The securedlender shall not abuse the right of entry and inspection oruse it to harass the borrower or tenant of the property.Except in case of an emergency, when the borrower ortenant of the property has abandoned the premises, or ifit is impracticable to do so, the secured lender shall givethe borrower or tenant of the property reasonable noticeof the secured lender’s intent to enter and shall enter onlyduring the borrower’s or tenant’s normal business hours.Twenty-four hours’ notice shall be presumed to bereasonable notice in the absence of evidence to thecontrary.

(d) Any action by a secured lender to appoint areceiver pursuant to this section shall not constitute anaction within the meaning of subdivision (a) of Section726.

(e) For purposes of this section:(1) ‘‘Borrower’’ means the trustor under a deed of

trust, or a mortgagor under a mortgage, where the deedof trust or mortgage encumbers real property securityand secures the performance of the trustor or mortgagorunder a loan, extension of credit, guaranty, or otherobligation. The term includes any successor-in-interest ofthe trustor or mortgagor to the real property securitybefore the deed of trust or mortgage has been discharged,reconveyed, or foreclosed upon.

(2) ‘‘Hazardous substance’’ means (A) any ‘‘hazardoussubstance’’ as defined in subdivision (f) of Section 25281of the Health and Safety Code as effective on January 1,1991, or as subsequently amended, (B) any ‘‘waste’’ asdefined in subdivision (d) of Section 13050 of the WaterCode as effective on January 1, 1991, or as subsequentlyamended, or (C) petroleum, including crude oil or anyfraction thereof, natural gas, natural gas liquids, liquefied

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natural gas, or synthetic gas usable for fuel, or any mixturethereof.

(3) ‘‘Real property security’’ means any real propertyand improvements, other than a separate interest andany related interest in the common area of a residentialcommon interest development, as the terms ‘‘separateinterest,’’ ‘‘common area,’’ and ‘‘common interestdevelopment’’ are defined in Section 1351 of the CivilCode, or real property consisting of one acre or less whichcontains 1 to 15 dwelling units.

(4) ‘‘Release’’ means any spilling, leaking, pumping,pouring, emitting, emptying, discharging, injecting,escaping, leaching, dumping, or disposing into theenvironment, including continuing migration, ofhazardous substances into, onto, or through soil, surfacewater, or groundwater.

(5) ‘‘Secured lender’’ means the beneficiary under adeed of trust against the real property security, or themortgagee under a mortgage against the real propertysecurity, and any successor-in-interest of the beneficiaryor mortgagee to the deed of trust or mortgage.

SEC. 3. Section 19993.7 of the Government Code isamended to read:

19993.7. The provisions of this chapter shall not applyto members of the California Highway Patrol nor to apeace officer defined in subdivision (a) of Section 830.36of the Penal Code.

SEC. 4. Section 65088.5 is added to the GovernmentCode, to read:

65088.5. Congestion management programs, ifprepared by county transportation commissions andtransportation authorities created pursuant to Division 12(commencing with Section 130000) of the Public UtilitiesCode, shall be used by the regional transportationplanning agency to meet federal requirements for acongestion management system, and shall beincorporated into the congestion management system.

SEC. 5. Section 11474 of the Health and Safety Codeis amended to read:

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11474. A court order for the destruction of controlledsubstances, instruments, or paraphernalia pursuant to theprovisions of Section 11473 or 11473.5 may be carried outby a police or sheriff’s department, the Department ofJustice, or the Department of the California HighwayPatrol. The court order shall specify the agencyresponsible for the destruction. Controlled substances,instruments, or paraphernalia not in the possession of thedesignated agency at the time the order of the court isissued shall be delivered to the designated agency fordestruction in compliance with the order.

SEC. 6. Section 39047.4 of the Health and Safety Codeis repealed.

SEC. 7. Section 39053.1 of the Health and Safety Codeis repealed.

SEC. 8. Section 40925 of the Health and Safety Code,as amended by Section 8 of Chapter 1192 of the Statutesof 1994, is repealed.

SEC. 9. Section 40925 of the Health and Safety Code,as added by Section 9 of Chapter 1192 of the Statutes of1994, is repealed.

SEC. 10. Section 40927 of the Health and Safety Code,as added by Chapter 1192 of the Statutes of 1994, isrepealed.

SEC. 11. Section 43705 of the Health and Safety Code,as added by Chapter 1008 of the Statutes of 1994, isamended to read:

43705. (a) There is hereby established a five-yearpilot statewide smog index system for light-duty vehicles.

(b) (1) The state board shall petition the FederalTrade Commission, pursuant to Part 455 of Title 16 of theCode of Federal Regulations, for a limited exemptionfrom the Federal Trade Commission’s Buyer’s Guide, toallow this state to incorporate into the Buyer’s Guideutilized by motor vehicle dealers in this state, a smogindex chart pursuant to subdivision (b) of Section 44254.

(2) Ninety days following approval by the FederalTrade Commission of a petition pursuant to paragraph(1), it shall be unlawful for any motor vehicle dealerlicensed by the Department of Motor Vehicles to display

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or offer for sale any used vehicle unless there is affixed tothe vehicle the Federal Trade Commission’s Buyer’sGuide as required by Part 455 of Title 16 of the Code ofFederal Regulations which includes a smog index chartpursuant to subdivision (b) of Section 44254. Ninety daysfollowing the final disapproval by the Federal TradeCommission of a petition pursuant to paragraph (1), itshall be unlawful for any motor vehicle dealer licensed bythe Department of Motor Vehicles to display or offer forsale any used vehicle unless there is attached, by aperforated attachment, to the Federal TradeCommission’s Buyer’s Guide as required by Part 455 ofTitle 16 of the Code of Federal Regulations, a smog indexchart pursuant to subdivision (b) of Section 44254.

(c) Subdivision (b) does not apply to any of thefollowing:

(1) A vehicle sold by a dismantler after the vehicle hasbeen reported for dismantling pursuant to Section 11520of the Vehicle Code.

(2) A vehicle sold by a salvage pool after a salvagecertificate has been obtained for the vehicle pursuant toSection 11515 of the Vehicle Code.

(3) A vehicle sold by a salvage pool or a dismantlerafter a nonrepairable vehicle certificate has beenobtained for the vehicle pursuant to Section 11515.2 of theVehicle Code.

(4) A vehicle sold by a dealer to another dealer.(5) A vehicle sold for the purpose of being legally

wrecked or dismantled. SEC. 11. Section 43705 of the Health and Safety Code,

as added by Section 2 of Chapter 1008 of the Statutes of1994, is repealed.

43705. (a) The Legislature hereby declares its intentto implement a five-year pilot statewide smog indexsystem for light duty vehicles and to conduct a five-yearpilot study in the San Diego County Air Pollution ControlDistrict and the Ventura County Air Pollution ControlDistrict for testing a pollution-miles-per-vehicle proposalto reduce air pollution by identifying high-pollution,

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high-mileage vehicles and requiring annual smog checksfor those vehicles.

(b) (1) The state board shall petition the FederalTrade Commission, pursuant to Part 455 of Title 16 of theCode of Federal Regulations, for a limited exemptionfrom the Federal Trade Commission’s Buyer’s Guide, toallow this state to incorporate into the Buyer’s Guideutilized by motor vehicle dealers in this state, a smogindex chart pursuant to subdivision (b) of Section 44254.

(2) Ninety days following approval by the FederalTrade Commission of a petition pursuant to paragraph(1), it shall be unlawful for any motor vehicle dealerlicensed by the Department of Motor Vehicles to displayor offer for sale any used vehicle unless there is affixed tothe vehicle the Federal Trade Commission’s Buyer’sGuide as required by Part 455 of Title 16 of the Code ofFederal Regulations which includes a smog index chartpursuant to subdivision (b) of Section 44254. Ninety daysfollowing the final disapproval by the Federal TradeCommission of a petition pursuant to paragraph (1), itshall be unlawful for any motor vehicle dealer licensed bythe Department of Motor Vehicles to display or offer forsale any used vehicle unless there is attached, by aperforated attachment, to the Federal TradeCommission’s Buyer’s Guide as required by Part 455 ofTitle 16 of the Code of Federal Regulations, a smog indexchart pursuant to subdivision (b) of Section 44254.

(c) Subdivision (b) does not apply to any of thefollowing:

(1) A vehicle sold by a dismantler after the vehicle hasbeen reported for dismantling pursuant to Section 11520of the Vehicle Code.

(2) A vehicle sold by a salvage pool after a salvagecertificate has been obtained for the vehicle pursuant toSection 11515 of the Vehicle Code.

(3) A vehicle sold by a salvage pool or a dismantlerafter a nonrepairable vehicle certificate has beenobtained for the vehicle pursuant to Section 11515.2 of theVehicle Code.

(4) A vehicle sold by a dealer to another dealer.

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(5) A vehicle sold for the purpose of being legallywrecked or dismantled.

SEC. 12. Section 43705 of the Health and Safety Code,as added by Chapter 1192 of the Statutes of 1994, isrepealed.


SEC. 14. Section 44001 of the Health and Safety Code,as added by Section 17.5 of Chapter 1192 of the Statutesof 1994, is repealed.

SEC. 15. Section 44001.6 of the Health and SafetyCode is repealed.


SEC. 17. Section 44011 of the Health and Safety Code,as amended by Section 2 of Chapter 929 of the Statutes of1995, is repealed.



SEC. 20. Section 44012 of the Health and Safety Code,as added by Section 21.5 of Chapter 1192 of the Statutesof 1994, is repealed.

SEC. 21. Section 44013.5 of the Health and SafetyCode is amended to read:

44013.5. (a) If the department, in consultation withthe state board, determines that substantial demand foremission retrofit devices exists, the department shalldevelop a program for the certification of emissionsretrofit device installations by licensed installers. Thedepartment may require installers of emissions retrofitdevices to be qualified pursuant to this chapter. Thedepartment may assess biennial license fees upon thoseinstallers in an amount not to exceed the reasonable costof administering the emissions retrofit devicecertification program.

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(b) The certification shall be performed at a referee ortest-only station and shall be based on a visual inspectionof the emissions retrofit device and its installation, andverification of the proper operation of any new ormodified components that are a part of the emissionsretrofit device, and not on the results of an emissions test.

(c) The department shall develop a program for theidentification of retrofitted vehicles at smog checkstations and for providing information required for theinspection of those systems to smog check stations.

(d) This section shall become inoperative pursuant toSection 33 of the act adding this section or, in any case,five years from the date determined pursuant to Section32 of the act adding this section, and on the January 1following the date upon which this section becomesinoperative, is repealed.



SEC. 24. Section 44037.1 of the Health and SafetyCode, as amended by Section 25 of Chapter 1192 of theStatutes of 1994, is repealed.

SEC. 25. Section 44037.1 of the Health and SafetyCode, as added by Section 25.5 of Chapter 1192 of theStatutes of 1994, is repealed.



SEC. 28. Section 44251 of the Health and Safety Codeis amended to read:

44251. (a) The state board shall specify smog indexnumbers for new light-duty passenger vehicles andlight-duty trucks with a gross vehicle weight up to 6,000pounds to be sold in California. That smog index shall bebased on certification data quantifying tailpipe and

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evaporative emissions of ozone precursor chemicals forclasses of vehicles.

(b) For diesel fuel vehicles, the smog index shall bebased on certification data quantifying tailpipe emissionsof ozone precursor chemicals and particulate matter.Particulate emissions from diesel fuel vehicles certified tomodel year standards that did not include a particulatelimit may be assumed to be equal to particulate emissionsfor model year 1985 diesel fuel vehicles.

(c) The state board shall specify the relative weight ofemissions of ozone precursor chemicals and particulatesin the smog index values for diesel vehicles. Thisweighting shall be based on the relative importance ofeach category of emissions to air quality problems inCalifornia.

(d) Smog index number 1.0 shall be assigned to ahypothetical light-duty passenger vehicle, a hypotheticallight-duty truck with a gross vehicle weight of 3,750pounds or less, and a hypothetical light-duty truck with agross vehicle weight of greater than 3,750 pounds up to6,000 pounds, emitting the maximum amount of pollutionallowed for that class of vehicle certified for sale in thisstate as of the January 1 immediately preceding theoperative date of this section. The state board shalldetermine the existing class or classes of vehicles to whichthe smog index shall be applied.

SEC. 29. Section 44255 of the Health and Safety Codeis repealed.

SEC. 30. Section 44256 of the Health and Safety Codeis repealed.

SEC. 31. Section 20291 of the Public Contract Code isamended to read:

20291. The purchase of all supplies, equipment, andmaterials, and construction of facilities and works, whenthe expenditure required exceeds fifty thousand dollars($50,000), shall be by contract let to the lowestresponsible bidder. Notice requesting bids shall bepublished at least once in a newspaper of generalcirculation, which publication shall be made at least 10

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days before bids are received. The board may reject anyand all bids and readvertise in its discretion.

SEC. 32.SEC. 31. Section 5259.5 is added to the Public Utilities

Code, to read:5259.5. (a) Whenever the commission determines

that any household goods carrier or any officer, director,or agent of any household goods carrier has abandoned,or is abandoning stored household goods or property ofany shippers under contract with the carrier or carriers,it may commence a proceeding in superior court for thepurpose of having the court appoint either a receiver orcommission staff to identify the stored items of property,to take possession of the property, and to arrange thereturn of the property to its owners in accordance withthe orders of the court and with regard for the protectionof all property rights involved.

(b) The proceeding shall be brought in the superiorcourt in and for the county, or city and county, in whichthe cause or some part thereof arose, or in which theperson or corporation complained of has its principalplace of business, or in which the person complained ofresides. The commission shall commence the proceedingin the name of the people of the State of California, bypetition to the superior court, alleging the facts andcircumstances involved and praying for appropriaterelief by way of mandamus, or injunction, or theappointment of a receiver, and authorizing thecommission to arrange for the hiring of a receiver whoshall be required to comply with the requirements ofSections 566, 567, and 568 of the Code of Civil Procedure.

(c) The court may also appoint a receiver to managethe business of the household goods carrier or carriers andreturn property to its owner or owners upon a showing bythe commission satisfactory to the court that theabandonment or threatened abandonment by the carrierjeopardizes property or funds of others in the custody orunder the control of the carrier. The court may make anyother order that it finds appropriate to protect andpreserve those funds or property.

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(d) In the event a receiver is appointed by the courtand the commission is responsible for contracting for areceiver to carry out the duties authorized by this section,the commission may contract on an emergency basis witha qualified person or corporation to serve as receiverunder the conditions and quidelines set by the court. Thecontract for the receiver services may be executed by thecommission on an expedited basis and withoutcompliance with the requirements of Sections 11042 and14615 of the Government Code and Sections 10295 and10318 of the Public Contract Code. The receiver shall bepaid from the fees collected pursuant to Section 5003.2.

SEC. 33.SEC. 32. Section 5374 of the Public Utilities Code is

amended to read:5374. (a) Before a permit is issued or renewed, the

commission shall require the applicant to establishreasonable fitness and financial responsibility to initiateand conduct or continue to conduct the proposed orexisting transportation services. The commission shall notissue or renew a permit pursuant to this chapter unlessthe applicant meets both of the following requirements:

(1) It certifies on a form acceptable to the commissionthat the applicant will maintain its vehicles in a safeoperating condition and in compliance with the VehicleCode and with regulations contained in Title 13 of theCalifornia Code of Regulations relative to motor vehiclesafety.

(2) It provides for a mandatory controlled substanceand alcohol testing certification program as adopted bythe commission pursuant to Section 1032.1.

(b) (1) Before a certificate is issued or renewed, thecommission shall require the applicant to establishreasonable fitness and financial responsibility to initiateand conduct or continue to conduct the proposed orexisting transportation services. The commission shall notissue or renew a certificate pursuant to this chapter unlessthe applicant meets all of the following requirements:

(A) It is financially and organizationally capable ofconducting an operation that complies with the rules and

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regulations of the Department of the California HighwayPatrol governing highway safety.

(B) It is committed to observing the hours of serviceregulations of state and, where applicable, federal law, forall persons, whether employees or subcarriers, operatingvehicles in transportation for compensation under thecertificate.

(C) It has a preventive maintenance program in effectfor its vehicles used in transportation for compensationthat conforms to regulations of the Department of theCalifornia Highway Patrol in Title 13 of the CaliforniaCode of Regulations.

(D) It participates in a program to regularly check thedriving records of all persons, whether employees orsubcarriers, operating vehicles used in transportation forcompensation requiring a class B driver’s license underthe certificate.

(E) It has a safety education and training program ineffect for all employees or subcarriers operating vehiclesused in transportation for compensation.

(F) It will maintain its vehicles used in transportationfor compensation in a safe operating condition and incompliance with the Vehicle Code and with regulationscontained in Title 13 of the California Code of Regulationsrelative to motor vehicle safety.

(G) It has filed with the commission the certificate ofworkers’ compensation insurance coverage or statementrequired by Section 5378.1.

(H) It has provided the commission an address of anoffice or terminal where documents supporting thefactual matters specified in the showing required by thissubdivision may be inspected by the commission and theDepartment of the California Highway Patrol.

(I) It provides for a mandatory controlled substanceand alcohol testing certification program as adopted bythe commission pursuant to Section 1032.1.

(2) With respect to subparagraphs (B) and (F) ofparagraph (1), the commission may base a finding on acertification by the commission that an applicant has

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filed, with the commission, a sworn declaration of abilityto comply and intent to comply.

(c) In addition to the requirements in subdivision (b),class A and class B charter-party carriers shall meet allother state and, where applicable, federal regulations asprescribed.

(d) The commission may delegate to its executivedirector or that executive director’s designee theauthority to renew, or authorize the transfer of,charter-party carrier permits or certificates and to makethe findings specified in subdivision (b) that arenecessary to that delegated authority.


amended to read:21687. (a) Whenever any airport, for which

payments have been made from the Aeronautics Accountor any predecessor fund, ceases to be used as an airportopen to the general public for a period in excess of oneyear, the public entity to which those payments weremade shall pay to the state an amount computed by thedepartment, and those funds shall be deposited in theAeronautics Account. The amount shall equal the total ofall payments made for the airport from the AeronauticsAccount during the preceding 20 years less 5 percent ofthe amount of a particular payment multiplied by thenumber of years since the payment was made, or theunused balance, whichever is greater. This section doesnot apply to an airport that is replaced by a comparablefacility, as determined by the department, within aperiod of one year.

(b) This section does not apply in the case of an airportfor which the department, on or after January 1, 1981, hassuspended the airport permit and for which paymentsmade pursuant to this article are being expended tocorrect the deficiency or condition which resulted in thesuspension of the airport’s permit.


amended to read:

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103222. (a) Contracts for the purchase of supplies,equipment, and materials in excess of twenty-fivethousand dollars ($25,000) shall be awarded to the lowestresponsible bidder after competitive bidding, except inan emergency declared by the vote of seven members ofthe board.

(b) When the contract is for less than fifty thousanddollars ($50,000), the board may authorize the generalmanager to act for the board.

SEC. 36.SEC. 35. Section 92.3 of the Streets and Highways

Code is amended to read:92.3. (a) The department shall do both of the

following:(1) Discontinue further water intensive freeway

landscaping and use drought resistant landscapingwhenever feasible, taking into consideration such factorsas erosion control and fire retardant needs.

(2) Eliminate any dependency on imported water forlandscaping as soon as practicable.

(b) The department shall require the use of recycledwater for the irrigation of freeway landscaping when itfinds and determines that all of the following conditionsexist:

(1) The recycled water is of adequate quality and isavailable in adequate quantity for the proposed use.

(2) The proposed use of the recycled water isapproved by the California regional water quality controlboard having jurisdiction.

(3) There is a direct benefit to the state highwayprogram for the proposed use of recycled water.

(4) The recycled water is supplied by a local publicagency or water public utility able to contract for deliveryof water and the installation, maintenance, and repair offacilities to deliver the water.

(5) The installation of the water delivery facilities doesnot unreasonably increase any hazard to vehicles on thefreeway or create unreasonable problems of highwaymaintenance and repair.

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(c) In cooperation with local public agencies andwater public utilities, the department shall permit localpublic agencies and water public utilities to placetransmission lines for recycled water in freewayrights-of-way for use by the local public agencies andwater public utilities to transmit recycled water to others,when to do so will promote a beneficial use of recycledwater and that transmission does not unreasonablyinterfere with use of the freeway or unreasonablyincrease any hazard to vehicles on the freeway, subject toparagraphs (1) to (5), inclusive, of subdivision (b) andthe following additional requirements:

(1) The local public agency or water public utilityholds the department harmless for any liability caused bya disruption of service to other users of the recycled waterand will defend the department in any resulting legalaction and pay any damages awarded as a result of thatdisruption.

(2) The department, in cooperation with the localpublic agency or water public utility, may temporarilyinterrupt service in order to add to or modify its facilitieswithout liability, as specified in paragraph (1).

(3) The local public agency or water public utilityobtains and furnishes the department an agreement by allother users of recycled water from the transmissionsystem holding the department harmless for anydisruption in service.

(4) The local public agency or water public utility hasfurnished the department a list of other recycled waterusers and information on any backup system or othersource of water available for use in case of a servicedisruption.

(5) The local public agency is responsible for the initialcost or any relocation cost of the recycled watertransmission lines for service to other users in theright-of-way and waives its rights to require thedepartment to pay the relocation costs pursuant toSections 702 and 704.

(6) The local public agency or water public utilitymaintains the water transmission system subject to

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reasonable access for maintenance purposes to benegotiated between the department and the local publicagency or water public utility.

(7) The department has first priority with respect tothe recycled water supply contracted for by thedepartment.

(8) The local public agency or water public utilityinstalls an automatic control system which will allow thewater transmission system to be shut down in case of anemergency. The department shall have access to all partsof the transmission system for purposes of the agreement.

(9) All transmission lines are placed underground andas close as possible to the freeway right-of-way boundaryor at other locations authorized by the department.

(10) The plans and specifications for the recycledwater transmission facilities have been approved by thedepartment prior to construction.

(d) As used in this section:(1) ‘‘Local public agency’’ means any local public

agency which transmits or supplies recycled water toothers.

(2) ‘‘Water public utility’’ means any privately ownedwater corporation which is subject to the jurisdiction andcontrol of the Public Utilities Commission.


Code is amended to read:164.10. For purposes of subdivision (e) of Section

164.3, the eligible interregional and intercounty routesinclude all of the following:

Route 1.Route 2, between the north urban limits of Los

Angeles-Long Beach and Route 138.Route 4, between the east urban limits of

Antioch-Pittsburg and Route 89.Route 5.Route 6.Route 7.Route 8.

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Route 9, between the north urban limits of Santa Cruzand the south urban limits of San Jose.

Route 10, between the east urban limits of SanBernardino-Riverside and the Arizona state line.




Route 12.Route 14.Route 15.Route 16, between the east urban limits of Sacramento

and Route 49.Route 17, between the north urban limits of Santa Cruz

and the south urban limits of San Jose.Route 18, between the north urban limits of San

Bernardino-Riverside and Route 138.Route 20.Route 25, between Route 146 and Route 156 101 in San

Benito County.Route 28.Route 29.SEC. 39.SEC. 38. Section 164.12 of the Streets and Highways



Route 36, between Route 5 and Route 395.Route 37, between the east urban limits of San

Francisco-Oakland near Novato and the west urban limitsof San Francisco-Oakland near Vallejo.

Route 38, between the east urban limits of SanBernardino-Riverside and Route 18 west of Big BearLake.

Route 40.Route 41, between Route 1 and Yosemite National

Park.

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Route 44, between the east urban limits of Redding andRoute 36.

Route 46, between Route 1 and Route 99.Route 49, between Route 41 and Route 89.SEC. 40.SEC. 39. Section 164.13 of the Streets and Highways



Route 50.Route 53.Route 58, between Route 5 and Route 15.Route 62.Route 63, between the north urban limits of Visalia and

Route 180.Route 65, between the north urban limits of Bakersfield

and Route 198 near Exeter, and between Route 80 andRoute 70 99 near Yuba City.

Route 68.SEC. 41.SEC. 40. Section 164.14 of the Streets and Highways



Route 70, between Route 99 north of Sacramento andRoute 395.

Route 74.Route 78.Route 79, between Route 8 and Route 10.Route 80.Route 86, between Route 111 in Brawley and Route 10.Route 88.Route 89.SEC. 42.SEC. 41. Section 164.15 of the Streets and Highways

Code is amended to read:

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164.15. For purposes of subdivision (e) of Section164.3, the eligible interregional and intercounty routesinclude all of the following:

Route 94, except within the urban limits of the Countyof San Diego.

Route 95, between Route 10 and the Nevada state line.Route 97.Route 98, between Route 111 and Route 7.Route 99, with routing to be determined via Route 70

or via Route 99 between Route 70 north of Sacramentoand Route 149 north of Oroville.

Route 101.Route 108, between Route 120 at Yosemite Junction and

Route 395.Route 111, between the Mexico border near Calexico

and Route 10 near Whitewater.Route 113, between Route 80 and Route 5.Route 116, between Route 1 and Route 12.SEC. 43.SEC. 42. Section 164.16 of the Streets and Highways



Route 120, between Route 5 and Route 395.Route 126, between the east urban limits of

Oxnard-Ventura-Thousand Oaks and Route 5.Route 127.Route 128.Route 129, between Route 1 and Route 101.Route 132, west of Route 99.Route 138, between Route 5 and Route 18.Route 139, between Route 299 and the Oregon state

line.SEC. 44.Route 188.SEC. 43. Section 253.1 of the Streets and Highways

Code is amended to read:253.1. The California freeway and expressway system

shall include:

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Routes 5, 6, 8, 10, 14, 15, 18, 24, 28, 30, 32, 34, 37, 40, 44,47, 48, 50, 51, 52, 53, 54, 55, 56, 57, 59, 60, 61, 63, 65, 67, 68,70, 71, 73, 74, 78, 80, 81, 83, 85, 87, 88, 89, 90, 93, 97, 100, 102,103, 105, 107, 108, 118, 121, 122, 124, 125, 126, 134, 136, 139,140, 145, 148, 149, 154, 156, 161, 163, 164, 179, 181, 183, 184,199, 205, 210, 215, 217, 221, 223, 230, 232, 234, 235, 237, 238,239, 241, 242, 247, 249, 251, 257, 258, 259, 261, 280, 330, 371,380, 405, 505, 580, 605, 680, 710, 780, 805, 880, and 980 intheir entirety.


Code is amended to read:253.7. The California freeway and expressway system

shall also include:Route 133 from Route 73 to Route 241.Route 137 from Route 99 near Tulare to Route 65 near

Lindsay.Route 138 from Route 5 near Gorman to Route 15 near

Cajon Pass.Route 142 from Route 71 near Chino to Route 30 near

Upland.Route 152 from Route 101 to Route 65 near Sharon via

Pacheco Pass.Route 160 from:(a) Route 4 near Antioch to Route 12 near Rio Vista.(b) Sacramento to Route 51.Route 166 from:(a) Route 101 near Santa Maria to Route 33 in Cuyama

Valley.(b) Route 33 near Maricopa to Route 5.Route 168 from Fresno to Huntington Lake.Route 170 from:(a) Los Angeles International Airport to Route 90.(b) Route 101 near Riverside Drive to Route 5 near

Tujunga Wash.Route 178 from:(a) Bakersfield to Route 14 near Freeman.(b) Route 14 near Freeman to the vicinity of the San

Bernardino county line.Route 180 from:

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(a) Route 25 near Paicines to Route 5.(b) Route 5 to Route 99 passing near Mendota.(c) Route 99 near Fresno to General Grant Grove

section of Kings Canyon National Park.Route 190 from Route 136 near Keeler to Route 127

near Death Valley Junction.Route 193 from Route 65 near Lincoln to Route 80 near

Newcastle.Route 198 from Route 5 near Oilfields to the Sequoia

National Park line.SEC. 46.SEC. 45. Section 318 of the Streets and Highways

Code is amended to read:318. Route 18 is from:(a) Route 10 near San Bernardino to Route 30.(b) Route 30 near San Bernardino to Route 15 in

Victorville via Big Bear Lake.(c) Route 15 near Victorville to Route 138 near

Pearblossom.SEC. 47.SEC. 46. Section 411 of the Streets and Highways

Code is amended to read:411. Route 111 is from:(a) The international border south of Calexico to

Route 78 near Brawley, passing east of Heber.(b) Route 78 near Brawley to Route 86 via the north

shore of the Salton Sea.(c) Route 10 near Indio to the southeast city limit of

Rancho Mirage.(d) West city limits of Cathedral City to Route 10 near

Whitewater, passing near Palm Desert.SEC. 48.SEC. 47. Section 433 of the Streets and Highways

Code is amended to read:433. Route 133 is from Route 1 near Laguna Beach to

Route 241.SEC. 49.SEC. 48. Section 524 of the Streets and Highways

Code is repealed.SEC. 50.

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SEC. 49. Section 531 of the Streets and HighwaysCode is repealed.

SEC. 51.SEC. 50. Section 541 of the Streets and Highways

Code is amended to read:541. Route 241 is from Route 5 south of San Clemente

to Route 91 in the City of Anaheim.SEC. 52.SEC. 51. Section 561 of the Streets and Highways

Code is amended to read:561. Route 261 is from Walnut Avenue in the City of

Irvine to Route 241.SEC. 53.SEC. 52. Section 575 of the Streets and Highways

Code is repealed.SEC. 54.SEC. 53. Section 2557 of the Streets and Highways

Code is amended to read:2557. (a) Except as provided in subdivisions (c) and

(d), the moneys received by each authority pursuant tosubdivision (b) of Section 9250.10 of the Vehicle Codeshall be used for the implementation, maintenance, andoperation of a motorist aid system of call boxes, includingthe lease or lease-purchase of facilities and equipment forthe system, on the portions of the California Freeway andExpressway System and a county expressway system, onand, in counties with a population of over 6,000,000persons, the unincorporated county roads in the Countyof Los Angeles that county, and on state highway routesthat connect segments of these systems, which are locatedwithin the county in which the authority is establishedand over which the Department of the CaliforniaHighway Patrol or an agency designated by thatdepartment has law enforcement responsibility. TheDepartment of Transportation and the Department ofthe California Highway Patrol shall each review andapprove plans for implementation of a motorist aidsystem proposed for any state highway route and shall bereimbursed by the service authority for all costs incurred.

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(b) An authority or any other public entity mayconstruct and maintain, and lease or lease-purchase onterms and conditions it deems appropriate, the facilitiesof a motorist aid system or it may contract with a privateperson or entity to do so.

(c) If leases or lease-purchase agreements are enteredinto pursuant to subdivision (a), or if revenue bonds areissued and sold pursuant to Section 2558, the moneysreceived by each authority pursuant to subdivision (b) ofSection 9250.10 of the Vehicle Code shall be used to theextent necessary to make lease payments or to pay theprincipal of, and interest on, the amount of bondedindebtedness outstanding, as the case may be. Facilitiesand equipment acquired through the expenditure ofproceeds from the sale of those bonds shall have a usefullife at least equal to the term of the bonds.

(d) (1) Any money received by an authority pursuantto subdivision (b) of Section 9250.10 of the Vehicle Codewhich exceeds the amount needed for fullimplementation and ongoing costs to maintain andoperate the motorist aid system of call boxes, installedpursuant to subdivision (a), may be used for purposes ofparagraph (2) and for additional motorist aid services orsupport, including, but not limited to, the followingsafety-related projects:

(A) Changeable message signs.(B) Lighting for call boxes.(C) Support for traffic operations centers.(D) Contracting for removal of disabled vehicles from

the traveled portion of the right-of-way.(2) Any amendment to an existing plan for a motorist

aid system adopted by an authority for any state highwayroute shall, prior to implementation, be submitted to theDepartment of Transportation and the Department ofthe California Highway Patrol for review and approvaland shall not be implemented until so reviewed andapproved. The authority shall reimburse eachdepartment for the costs of that review.

(e) A motorist aid system constructed, maintained, oroperated pursuant to this section shall meet the

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applicable standards of Title II of the Americans withDisabilities Act of 1990 (Public Law 101-336) and federalregulations adopted pursuant thereto.

SEC. 55.SEC. 54. Section 22 of the Vehicle Code is amended

to read:22. Whenever notice is required to be given under

this code by a department or any division, officer,employee, or agent, the notice shall be given either bypersonal delivery to the person to be notified, by certifiedmail, return receipt requested, or by mailing the notice,postage prepaid, addressed to the person at his or heraddress as shown by the records of the department.

SEC. 56. Section 23 of the Vehicle Code is amendedto read:

23. The giving of notice by personal delivery iscomplete upon delivery of a copy of the notice to theperson to be notified. The giving of notice by mail iscomplete upon the expiration of four days after deposit ofthe notice in the mail, except that in the case of a noticeinforming any person of an offense against the personunder Section 40001, the notice is complete 10 days aftermailing. The giving of notice by certified mail, returnreceipt requested, is complete when the person signs thecertified mail return receipt and the signed receipt isdeposited in the mail for its return to the department.


to read:24. Proof of the giving of notice may be made by the

certificate of any officer, employee, or agent of theDepartment of Motor Vehicles and the Department ofthe California Highway Patrol or of any peace officer, orby an affidavit of any person over 18 years of age, namingthe person to whom the notice was given and specifyingthe time, place, and manner of the giving of the notice.

SEC. 58.SEC. 56. Section 2421.5 of the Vehicle Code is

amended to read:

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2421.5. When any Service Authority for FreewayEmergencies has imposed additional fees on vehiclespursuant to Section 2555 of the Streets and HighwaysCode, the department shall answer calls and providecentral dispatching services for the system on theportions of the California Freeway and ExpresswaySystem, on unincorporated county roads in the County ofLos Angeles system, and, in counties with a population ofover 6,000,000 persons, the unincorporated county roadsof that county, and on state highway routes that connectsegments of the system, which are located within thecounty and over which the Department of the CaliforniaHighway Patrol has law enforcement responsibility. Thedepartment shall determine and authorize the serviceproviders eligible to participate in the system. Theservice authority shall reimburse the department for allcosts incurred under this section.

SEC. 59. Section 3016 of the Vehicle Code is amendedto read:

3016. New motor vehicle dealers and other licenseesunder the jurisdiction of the board shall be charged feessufficient to fully fund the board’s activities other thanthose conducted pursuant to Section 472.5 of the Businessand Professions Code. The board may recover the directcost of the activities required by Section 472.5 of theBusiness and Professions Code by charging theDepartment of Consumer Affairs a fee which shall be paidby that department with funds appropriated from theCertification Account in the Consumer Affairs Fund. Allfees shall be deposited, and held separate from othermoneys, in the Motor Vehicle Account in the StateTransportation Fund, and shall not be transferred to theState Highway Account pursuant to Section 42273.

The fees shall be available, when appropriated,exclusively to fund the board’s activities. If, at theconclusion of any fiscal year, the amount of fees collectedexceeds the amount of expenditures for this purposeduring the fiscal year, the surplus shall be carried overinto the succeeding fiscal year.

SEC. 60.

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SEC. 56.5. Section 4000.7 of the Vehicle Code isamended to read:

4000.7. (a) For purposes of subdivision (a) of Section4000.3, for any vehicle which is registered for the firsttime in this state on or after January 1, 1994, the firstcertificate of compliance shall be required upon thesecond renewal of its registration.

(b) (1) Commencing not later than October 1, 1996,at the time of application and payment for the secondrenewal of the registration of a motor vehicle that wasfirst sold as new in California on or after January 1, 1994,and which is subject to Part 5 (commencing with Section43000) of Division 26 of the Health and Safety Code, thedepartment shall solicit an additional payment which, atthe option of the applicant, may be made to thedepartment. The Department of Consumer Affairs shalldetermine the amount of the additional payment, but theamount shall not exceed fifty dollars ($50). In solicitingthe additional payment in the application for the secondrenewal, the department shall include a brief summary ofthe air quality benefits being achieved by the inspectionand maintenance and high-polluter repair or removalprograms. The Legislature hereby finds and declares thatthe payment is in the nature of a donation for purposes ofthe high-polluter repair or removal program establishedpursuant to Article 9 (commencing with Section 44090),and the accelerated light-duty vehicle retirementprogram established pursuant to Article 10 (commencingwith Section 44100) of Chapter 5 of Part 5 of Division 26of the Health and Safety Code.

(2) (A) On a monthly basis, the department shalltransmit all payments received pursuant to paragraph(1), including any accrued interest, to the Treasurer fordeposit in the High Polluter Repair or Removal Accountcreated pursuant to subdivision (a) of Section 44091 of theHealth and Safety Code, for expenditure, uponappropriation by the Legislature, by the Department ofConsumer Affairs pursuant to Article 9 (commencingwith Section 44090) and Article 10 (commencing with

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Section 44100) of Chapter 5 of Part 5 of Division 26 of theHealth and Safety Code.

(B) The department and the Department ofConsumer Affairs, by interagency agreement, shallestablish a procedure for the Department of ConsumerAffairs to reimburse the department for its reasonablecosts incurred in collecting the payments receivedpursuant to paragraph (1).

(3) (A) Upon receipt of a payment pursuant toparagraph (1), the department shall mark the record ofthe subject vehicle with an exemption from therequirements of subdivision (a) of Section 4000.3. Theexemption shall be valid for the first biennial inspectionperiod, and shall have the same force and effect as acertificate of compliance issued in accordance withSection 44015 of the Health and Safety Code. Theexemption shall be void if the title to, or any interest in,the vehicle is transferred pursuant to Section 5600.

(B) The department shall collect a fee at the time ofthe payment pursuant to paragraph (1) for marking therecord with an exemption which is equal to the fee thatis charged for the issuance of a certificate of compliance.All fee revenue received pursuant to this subparagraphshall be deposited in the Vehicle Inspection and RepairFund and be available for purposes of administering andenforcing the vehicle inspection and maintenanceprogram.

(4) Notwithstanding paragraph (1) of subdivision (b),the provisions of Section 4000.6 in existence on December31, 1995, authorizing an optional additional payment atthe time of application for the initial registration for a newmotor vehicle shall continue in effect until October 1,1996.


to read:4021. Any vehicle that is designed or altered for, and

used exclusively for, the refueling of aircraft at a publicairport is exempt from registration, if the vehicle isoperated upon a highway under the control of a local

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authority for a continuous distance not exceedingone-half mile each way to and from a bulk fuel storagefacility.


to read:5064. (a) The department, in consultation with the

Yosemite Foundation, shall design and make available forissuance pursuant to this article special environmentaldesign license plates bearing, notwithstanding Section5060, a full-plate graphic design depicting a significantfeature or quality of Yosemite National Park. Any persondescribed in Section 5101, upon payment of the additionalfees set forth in subdivision (b), may apply for and beissued a set of special environmental design license plates.Notwithstanding subdivision (a) of Section 5060, theplates may be issued in a combination of numbers orletters, or both, requested by the owner or lessee of thevehicle.

(b) In addition to the regular fees for an originalregistration or renewal of registration, the followingadditional fees shall be paid for the issuance, renewal, ortransfer of the special environmental design licenseplates authorized pursuant to this section:

(1) For the original issuance of the plates, fifty dollars($50).

(2) For a renewal of registration with the plates, fortydollars ($40).

(3) For transfer of the plates to another vehicle, fifteendollars ($15).

(4) For each substitute replacement plate, thirty-fivedollars ($35).

(5) For the conversion of an existing environmentallicense plate to the special environmental design licenseplate authorized pursuant to this section, sixty-five dollars($65).

(c) After deducting its administrative costs under thissection, the department shall deposit the additionalrevenue derived from the issuance, renewal, transfer,

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and substitution of special environmental design licenseplates as follows:

(1) One-half in the Yosemite Foundation Account,which is hereby created in the California EnvironmentalLicense Plate Fund. Upon appropriation by theLegislature, the money in the account shall be allocatedby the Controller to the Yosemite Foundation or itssuccessor for expenditure for the exclusive trust purposesof preservation and restoration projects in YosemiteNational Park.

(2) One-half in the California Environmental LicensePlate Fund.

(d) The Yosemite Foundation shall report to theLegislature on or before June 30 of each year on its useand expenditure of the money in the YosemiteFoundation Account, beginning one year after the initialissuance of the special interest license plates authorizedby this section.

SEC. 63.SEC. 59. Section 12810 of the Vehicle Code is

amended to read:12810. In determining the violation point count, the

following shall apply:(a) Any conviction of failure to stop in the event of an

accident in violation of Section 20001 or 20002 shall begiven a value of two points.

(b) Any conviction of a violation of Section 23152 or23153 shall be given a value of two points.

(c) Any conviction of reckless driving shall be given avalue of two points.

(d) (1) Any conviction of a violation of subdivision(c) of Section 192 of the Penal Code, or of Section 2800.2or 2800.3, subdivision (b) of Section 21651, subdivision (b)of Section 22348, subdivision (a) of Section 23109,subdivision (c) of Section 23109, or Section 31602 of thiscode, shall be given a value of two points.

(2) Any conviction of a violation of subdivision (a) or(b) of Section 23140 shall be given a value of two points.

(e) Except as provided in subdivision (g), any othertraffic conviction involving the safe operation of a motor

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vehicle upon the highway shall be given a value of onepoint.

(f) Any accident in which the operator is deemed bythe department to be responsible shall be given a valueof one point.

(g) (1) A violation of paragraph (1), (2), (3), or (5)of subdivision (b) of Section 40001 shall not result in aviolation point count being given to the driver if thedriver is not the owner of the vehicle.

(2) Any conviction of a violation of subdivision (a) ofSection 21116, Section 21207.5, 21708, 21710, 21716, 23120,24800, or 26707 shall not be given a violation point count.

(3) A violation of Section 23136 shall not result in aviolation point count.

(h) A conviction for only one violation arising fromone occasion of arrest or citation shall be counted indetermining the violation point count for the purposes ofthis section.

(i) Any conviction of a violation of Section 14601,14601.1, 14601.2, 14601.3, or 14601.5 shall be given a valueof two points.

(j) Any conviction of a violation of Section 27360within a 37-month period shall be given a value of onepoint.


amended to read:12815. (a) In the event a driver’s license issued under

this code is lost, destroyed or mutilated, or a new name isacquired, the person to whom it was issued shall obtain aduplicate upon furnishing to the department(a) satisfactory proof of such loss, destruction, ormutilation and (b) if the licensee is a minor, evidence ofpermission to obtain a duplicate secured from theparents, guardian or person having custody of such minor.Any person who loses a driver’s license and who, afterobtaining a duplicate, finds the original license shallimmediately destroy the original license.

(b) A person in possession of a valid driver’s licensewho has been informed either by the department or by

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a law enforcement agency that the document is mutilatedshall surrender the license to the department not laterthan 10 days after that notification.

(c) For purposes of this section, a mutilated license isone that has been damaged sufficiently to render any orall of the elements of identity set forth in Sections 12800.5and 12811 unreadable or unidentifiable through visual,mechanical, or electronic means.


amended to read:13003. (a) In the event an identification card issued

under this code is lost, destroyed, mutilated, or a newname is acquired, the person to whom it was issued shallmake application for an original identification card asspecified in Section 13000. The fee provided in Section14902 shall be paid to the department upon applicationfor the card. Every identification card issued pursuant tothis section shall expire as provided in Section 13002 andshall be deemed an original identification card for thatpurpose.

(b) A person in possession of a valid identification cardwho has been informed either by the department or bya law enforcement agency that the document is mutilatedshall surrender the license identification card to thedepartment not later than 10 days after that notification.

(c) For purposes of this section a mutilatedidentification card is one that has been damagedsufficiently to render any or all of the elements of identityset forth in Sections 13005 and 13005.5 unreadable orunidentifiable through visual, mechanical, or electronicmeans.


amended to read:14908. If a person fails to surrender his or her license

to the department as required by Section 13551.1, thedepartment shall set and charge a license reinstatementpenalty fee, as determined by the department, inaddition to any fees that may be required by Section

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14904, 14905, or 14906, as the case may be. The fee shall bewaived if the person returns to the department anacknowledgment of the license suspension or revocationalong with a statement that the license has beenpreviously surrendered to a court or peace officer, or thatprovides any other reasonable explanation.


amended to read:16000. (a) The driver of every motor vehicle who is

in any manner involved in an accident originating fromthe operation of a motor vehicle on any street or highwayor any reportable off-highway accident defined in Section16000.1 which has resulted in damage to the property ofany one person in excess of five hundred dollars ($500) orin bodily injury or in the death of any person shall, within10 days after the accident, report the accident, eitherpersonally or through an insurance agent, broker, or legalrepresentative, on a form approved by the department tothe office of the department at Sacramento, subject to theprovisions of this chapter. The driver shall identify on theform, by name and current residence address, if available,any person involved in the accident complaining ofbodily injury.

(b) A report is not required pursuant to subdivision(a) if the motor vehicle involved in the accident wasowned or leased by, or under the direction of, the UnitedStates, this state, another state, or a local agency.

(c) If none of the parties involved in an accident hasreported that accident to the department within one yearfollowing the date of the accident, the department is notrequired to file the report, and the driver’s licensesuspension requirements of Section 16004 or 16070 do notapply.


amended to read:16056. (a) No policy or bond shall be effective under

Section 16054 unless issued by an insurance company orsurety company authorized to do business in this state,

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except as provided in subdivision (b) of this section, norunless the policy or bond is subject, if the accident hasresulted in bodily injury or death, to a limit, exclusive ofinterest and costs, of not less than fifteen thousand dollars($15,000) because of bodily injury to or death of oneperson in any one accident and, subject to such limit forone person, to a limit of not less than thirty thousanddollars ($30,000) because of bodily injury to or death oftwo or more persons in any one accident, and, if theaccident has resulted in injury to, or destruction ofproperty, to a limit of not less than five thousand dollars($5,000) because of injury to or destruction of property ofothers in any one accident.

(b) No policy or bond shall be effective under Section16054 with respect to any vehicle which was notregistered in this state or was a vehicle which wasregistered elsewhere than in this state at the effectivedate of the policy or bond or the most recent renewalthereof, unless the insurance company or surety companyissuing the policy or bond is authorized to do business inthis state, or if the company is not authorized to dobusiness in this state, unless it executes a power ofattorney authorizing the department to accept service onits behalf of notice or process in any action upon the policyor bond arising out of an accident mentioned insubdivision (a).

(c) Any nonresident driver whose driving privilegehas been suspended or revoked based upon an action thatrequires proof of financial responsibility may, in lieu ofproviding a certificate of insurance from a companyauthorized to do business in California, provide a writtencertificate of proof of financial responsibility that issatisfactory to the department, covers the operation of avehicle in this state, meets the liability requirements ofthis section, and is from a company that is authorized todo business in that person’s state of residence.


amended to read:

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16056. (a) No policy or bond shall be effective underSection 16054 unless issued by an insurance company orsurety company authorized to do business in this state,except as provided in subdivision (b) of this section, norunless the policy or bond is subject, if the accident hasresulted in bodily injury or death, to a limit, exclusive ofinterest and costs, of not less than fifteen thousand dollars($15,000) because of bodily injury to or death of oneperson in any one accident and, subject to such limit forone person, to a limit of not less than thirty thousanddollars ($30,000) because of bodily injury to or death oftwo or more persons in any one accident, and, if theaccident has resulted in injury to, or destruction ofproperty, to a limit of not less than five thousand dollars($5,000) because of injury to or destruction of property ofothers in any one accident.

(b) No policy or bond shall be effective under Section16054 with respect to any vehicle which was notregistered in this state or was a vehicle which wasregistered elsewhere than in this state at the effectivedate of the policy or bond or the most recent renewalthereof, unless the insurance company or surety companyissuing the policy or bond shall be effective under Section16054 with respect to any vehicle which was notregistered in this state or was a vehicle which wasregistered elsewhere than in this state at the effectivedate of the policy or the most recent renewal thereof,unless the insurance company issuing the policy isauthorized to do business in this state, or if the companyis not authorized to do business in this state, unless itexecutes a power of attorney authorizing the departmentto accept service on its behalf of notice or process in anyaction upon the policy or bond arising out of an accidentmentioned in subdivision (a).

(c) Any nonresident driver whose driving privilegehas been suspended or revoked based upon an action thatrequires proof of financial responsibility may, in lieu ofproviding a certificate of insurance from a companyauthorized to do business in California, provide a writtencertificate of proof of financial responsibility that is

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satisfactory to the department, covers the operation of avehicle in this state, meets the liability requirements ofthis section, and is from a company that is authorized todo business in that person’s state of residence.

SEC. 66. Section 16431 of the Vehicle Code isamended to read:

16431. (a) Proof of financial responsibility may begiven by the written certificate or certificates of anyinsurance carrier duly authorized to do business withinthe state, that it has issued to or for the benefit of theperson named therein a motor vehicle liability policy asdefined in Section 16450, an automobile liability policy asdefined in Section 16054, or any other liability policyissued for vehicles with less than four wheels that meetsthe requirements of Section 16056, which, at the date ofthe certificate or certificates is in full force and effect.Except as provided in subdivision (b), the certificate orcertificates issued under any liability policy set forth inthis section shall be accepted by the department andsatisfy the requirements of proof of financialresponsibility of this chapter. Nothing in this chapterrequires that an insurance carrier certify that there iscoverage broader than that provided by the actual policyissued by the carrier.

(b) The department shall require that a person whosedriver’s license has been revoked, suspended, orrestricted pursuant to Section 13350, 13351, 13352, 13353,13353.2, 13353.3, 13353.6, 13353.7, 16370, or 16370.5provide, as proof of financial responsibility, a certificateor certificates which covers all motor vehicles registeredto the person before reinstatement of his or her driver’slicense.

(c) Subdivision (b) does not apply to vehicles instorage if the current license plates and registration cardsare surrendered to the department in Sacramento.

(d) (1) A resident of another state may provide proofof financial responsibility when required to do so underthis code from a company authorized to do business inthat person’s state of residence, if that proof is satisfactoryto the department, covers the operation of a vehicle in

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this state, and meets the minimum coverage limitrequirements specified in Section 16056.

(2) If the person specified in paragraph (1) becomesa resident of this state during the period that the personis required to maintain proof of financial responsibilitywith the department, the department shall not issue orreturn a driver’s license to that person until the personfiles a written certificate or certificates, as authorizedunder subdivision (a), that meets the minimum coveragelimit requirements specified in Section 16056 and coversthe period during which the person is required tomaintain proof of financial responsibility.

SEC. 70.SEC. 66.1. Section 16431 of the Vehicle Code is

amended to read:16431. (a) Proof of financial responsibility may be

given by the written certificate or certificates of anyinsurance carrier duly authorized to do business withinthe state, that it has issued to or for the benefit of theperson named therein a motor vehicle liability policy asdefined in Section 16450, an automobile liability policy asdefined in Section 16054, or any other liability policyissued for vehicles with less than four wheels that meetsthe requirements of Section 16056 policy providingpersonal injury protection benefits, and liability coveragewhere applicable, in accordance with Chapter 6(commencing with Section 12000) of Part 3 of Division 2of the Insurance Code, which, at the date of the certificateor certificates is in full force and effect. Except asprovided in subdivision (b), the certificate or certificatesissued under any liability policy set forth in this sectionshall be accepted by the department and satisfy therequirements of proof of financial responsibility of thischapter. Nothing in this chapter requires that aninsurance carrier certify that there is coverage broaderthan that provided by the actual policy issued by thecarrier.

(b) The department shall require that a person whosedriver’s license has been revoked, suspended, orrestricted pursuant to Section 13350, 13351, 13352, 13353,

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13353.2, 13353.3, 13353.6, 13353.7, 16370, or 16370.5provide, as proof of financial responsibility, a certificateor certificates which covers all motor vehicles registeredto the person before reinstatement of his or her driver’slicense.

(c) Subdivision (b) does not apply to vehicles instorage if the current license plates and registration cardsare surrendered to the department in Sacramento.

(d) (1) A resident of another state may provide proofof financial responsibility when required to do so underthis code from a company authorized to do business inthat person’s state of residence, if that proof is satisfactoryto the department, covers the operation of a vehicle inthis state, and meets the minimum coverage limitrequirements specified in Section 16056.

(2) If the person specified in paragraph (1) becomesa resident of this state during the period that the personis required to maintain proof of financial responsibilitywith the department, the department shall not issue orreturn a driver’s license to that person until the personfiles a written certificate or certificates, as authorizedunder subdivision (a), that meets the minimum coveragelimit requirements specified in Section 16056 and coversthe period during which the person is required tomaintain proof of financial responsibility.

SEC. 67. Section 21655.8 of the Vehicle Code isamended to read:

21655.8. (a) Except as required under subdivision(b), when exclusive or preferential use lanes forhigh-occupancy vehicles are established pursuant toSection 21655.5 and double parallel solid lines are in placeto the right thereof, no person driving a vehicle may crossover these double lines to enter into or exit from theexclusive or preferential use lanes, and entrance or exitmay be made only in areas designated for these purposesor where a single broken line is in place to the right of theexclusive or preferential use lanes.

(b) Upon the approach of an authorized emergencyvehicle displaying a red light or siren, as specified inSection 21806, a person driving a vehicle in an exclusive

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or preferential use lane shall exit that lane immediatelyupon determining that the exit can be accomplished withreasonable safety.

(c) Raised pavement markers may be used to simulatepainted lines described in this section.


amended to read:21806. Upon the immediate approach of an

authorized emergency vehicle which is sounding a sirenand which has at least one lighted lamp exhibiting redlight that is visible, under normal atmospheric conditions,from a distance of 1,000 feet to the front of the vehicle, thesurrounding traffic shall, except as otherwise directed bya traffic officer, do the following:

(a) (1) Except as required under paragraph (2), thedriver of every other vehicle shall yield the right-of-wayand shall immediately drive to the right-hand edge orcurb of the highway, clear of any intersection, andthereupon shall stop and remain stopped until theauthorized emergency vehicle has passed.

(2) A person driving a vehicle in an exclusive orpreferential use lane shall exit that lane immediatelyupon determining that the exit can be accomplished withreasonable safety.

(b) The operator of every street car shall immediatelystop the street car, clear of any intersection, and remainstopped until the authorized emergency vehicle haspassed.

(c) All pedestrians upon the highway shall proceed tothe nearest curb or place of safety and remain there untilthe authorized emergency vehicle has passed.


amended to read:22651. Any peace officer, as defined in Chapter 4.5

(commencing with Section 830) of Title 3 of Part 2 of thePenal Code; or any regularly employed and salariedemployee, who is engaged in directing traffic orenforcing parking laws and regulations, of a city or a

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county in which a vehicle is located, may remove avehicle located within the territorial limits in which theofficer or employee may act, under any of the followingcircumstances:

(a) When any vehicle is left unattended upon anybridge, viaduct, or causeway or in any tube or tunnelwhere the vehicle constitutes an obstruction to traffic.

(b) When any vehicle is parked or left standing upona highway in a position so as to obstruct the normalmovement of traffic or in a condition so as to create ahazard to other traffic upon the highway.

(c) When any vehicle is found upon a highway or anypublic lands and a report has previously been made thatthe vehicle has been stolen or a complaint has been filedand a warrant thereon issued charging that the vehiclehas been embezzled.

(d) When any vehicle is illegally parked so as to blockthe entrance to a private driveway and it is impractical tomove the vehicle from in front of the driveway to anotherpoint on the highway.

(e) When any vehicle is illegally parked so as toprevent access by firefighting equipment to a firehydrant and it is impracticable to move the vehicle fromin front of the fire hydrant to another point on thehighway.

(f) When any vehicle, except any highwaymaintenance or construction equipment, is stopped,parked, or left standing for more than four hours upon theright-of-way of any freeway which has full control ofaccess and no crossings at grade and the driver, if present,cannot move the vehicle under its own power.

(g) When the person or persons in charge of a vehicleupon a highway or any public lands are, by reason ofphysical injuries or illness, incapacitated to an extent so asto be unable to provide for its custody or removal.

(h) (1) When an officer arrests any person driving orin control of a vehicle for an alleged offense and theofficer is, by this code or other law, required or permittedto take, and does take, the person into custody.

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(2) When an officer serves a notice of an order ofsuspension or revocation pursuant to Section 23137.

(i) (1) When any vehicle, other than a rented vehicle,is found upon a highway or any public lands, or is removedpursuant to this code, and it is known to have been issuedfive or more notices of parking violation, to which theowner or person in control of the vehicle has notresponded within 21 calendar days of notice of citationissuance or citation issuance or 14 calendar days of anotice of delinquent parking violation to the agencyresponsible for processing notices of parking violation orthe registered owner of the vehicle is known to have beenissued five or more notices for failure to pay or failure toappear in court for traffic violations for which nocertificate has been issued by the magistrate or clerk ofthe court hearing the case showing that the case has beenadjudicated or concerning which the registered owner’srecord has not been cleared pursuant to Chapter 6(commencing with Section 41500) of Division 17, thevehicle may be impounded until that person furnishes tothe impounding law enforcement agency all of thefollowing:

(A) Evidence of his or her identity.(B) An address within this state at which he or she can

be located.(C) Satisfactory evidence that all parking penalties

due for the vehicle and any other vehicle registered to theregistered owner of the impounded vehicle, and all trafficviolations of the registered owner, have been cleared.

(2) The requirements in subparagraph (C) ofparagraph (1) shall be fully enforced by the impoundinglaw enforcement agency on and after the time that theDepartment of Motor Vehicles is able to provide accessto the necessary records.

(3) A notice of parking violation issued for anunlawfully parked vehicle shall be accompanied by awarning that repeated violations may result in theimpounding of the vehicle. In lieu of furnishingsatisfactory evidence that the full amount of parkingpenalties or bail has been deposited, that person may

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demand to be taken without unnecessary delay before amagistrate, for traffic offenses, or a hearing examiner, forparking offenses, within the county in which the offensescharged are alleged to have been committed and who hasjurisdiction of the offenses and is nearest or mostaccessible with reference to the place where the vehicleis impounded. Evidence of current registration shall beproduced after a vehicle has been impounded, or, at thediscretion of the impounding law enforcement agency, anotice to appear for violation of subdivision (a) of Section4000 shall be issued to that person.

(4) A vehicle shall be released to the legal owner, asdefined in Section 370, if the legal owner does all of thefollowing:

(A) Pays the cost of towing and storing the vehicle.(B) Submits evidence of payment of fees as provided

in Section 9561.(C) Completes an affidavit in a form acceptable to the

impounding law enforcement agency stating that thevehicle was not in possession of the legal owner at thetime of occurrence of the offenses relating to standing orparking. A vehicle released to a legal owner under thissubdivision is a repossessed vehicle for purposes ofdisposition or sale. The impounding agency shall have alien on any surplus that remains upon sale of the vehicleto which the registered owner is or may be entitled, assecurity for the full amount of the parking penalties forall notices of parking violations issued for the vehicle andfor any local administrative charges imposed pursuant toSection 22850.5. The legal owner shall promptly remit to,and deposit with, the agency responsible for processingnotices of parking violations from that surplus, on receiptthereof, full amount of the parking penalties for allnotices of parking violations issued for the vehicle and forany local administrative charges imposed pursuant toSection 22850.5.

(5) The impounding agency that has a lien on thesurplus that remains upon the sale of a vehicle to whicha registered owner is entitled pursuant to paragraph (4)has a deficiency claim against the registered owner for

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the full amount of the parking penalties for all notices ofparking violations issued for the vehicle and for any localadministrative charges imposed pursuant to Section22850.5, less the amount received from the sale of thevehicle.

(j) When any vehicle is found illegally parked andthere are no license plates or other evidence ofregistration displayed, the vehicle may be impoundeduntil the owner or person in control of the vehiclefurnishes the impounding law enforcement agencyevidence of his or her identity and an address within thisstate at which he or she can be located.

(k) When any vehicle is parked or left standing upona highway for 72 or more consecutive hours in violationof a local ordinance authorizing removal.

(l) When any vehicle is illegally parked on a highwayin violation of any local ordinance forbidding standing orparking and the use of a highway, or a portion thereof, isnecessary for the cleaning, repair, or construction of thehighway, or for the installation of underground utilities,and signs giving notice that the vehicle may be removedare erected or placed at least 24 hours prior to theremoval by local authorities pursuant to the ordinance.

(m) Wherever the use of the highway, or any portionthereof, is authorized by local authorities for a purposeother than the normal flow of traffic or for the movementof equipment, articles, or structures of unusual size, andthe parking of any vehicle would prohibit or interferewith that use or movement, and signs giving notice thatthe vehicle may be removed are erected or placed at least24 hours prior to the removal by local authorities pursuantto the ordinance.

(n) Whenever any vehicle is parked or left standingwhere local authorities, by resolution or ordinance, haveprohibited parking and have authorized the removal ofvehicles. No vehicle may be removed unless signs areposted giving notice of the removal.

(o) (1) When any vehicle is found upon a highway,any public lands, or an offstreet parking facility with aregistration expiration date in excess of six months before

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the date it is found on the highway, public lands, or theoffstreet parking facility. However, if the vehicle isoccupied, only a peace officer, as defined in Chapter 4.5(commencing with Section 830) of Title 3 of Part 2 of thePenal Code, may remove the vehicle. For purposes of thissubdivision, the vehicle shall be released to the owner orperson in control of the vehicle only after the owner orperson furnishes the storing law enforcement agencywith proof of current registration and a currently validdriver’s license to operate the vehicle.

(2) As used in this subdivision, ‘‘offstreet parkingfacility’’ means any offstreet facility held open for use bythe public for parking vehicles and includes any publiclyowned facilities for offstreet parking, and privatelyowned facilities for offstreet parking where no fee ischarged for the privilege to park and which are held openfor the common public use of retail customers.

(p) When the peace officer issues the driver of avehicle a notice to appear for a violation of Section 12500,14601, 14601.1, 14601.2, 14601.3, 14601.4, 14601.5, or 14604and the vehicle has not been impounded pursuant toSection 22655.5. Any vehicle so removed from thehighway or any public lands, or from private propertyafter having been on a highway or public lands, shall notbe released to the registered owner or his or her agent,except upon presentation of the registered owner’s or hisor her agent’s currently valid driver’s license to operatethe vehicle and proof of current vehicle registration, orupon order of a court.

(q) Whenever any vehicle is parked for more than 24hours on a portion of highway which is located within theboundaries of a common interest development, asdefined in subdivision (c) of Section 1351 of the CivilCode, and signs, as required by Section 22658.2, have beenposted on that portion of highway providing notice todrivers that vehicles parked thereon for more than 24hours will be removed at the owner’s expense, pursuantto a resolution or ordinance adopted by the localauthority.

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(r) When any vehicle is illegally parked and blocks themovement of a legally parked vehicle.

(s) (1) When any vehicle, except highwaymaintenance or construction equipment, an authorizedemergency vehicle, or a vehicle which is properlypermitted or otherwise authorized by the Department ofTransportation, is stopped, parked, or left standing formore than eight hours within a roadside rest area orviewpoint.

(2) For purposes of this subdivision, a roadside restarea or viewpoint is a publicly maintained vehicleparking area, adjacent to a highway, utilized for theconvenient, safe stopping of a vehicle to enable motoriststo rest or to view the scenery. If two or more roadside restareas are located on opposite sides of the highway, orupon the center divider, within seven miles of each other,then that combination of rest areas is considered to be thesame rest area.

(t) When a peace officer issues a notice to appear fora violation of Section 25279.

SEC. 73.SEC. 69.1. Section 22651 of the Vehicle Code is

amended to read:22651. Any peace officer, as defined in Chapter 4.5

(commencing with Section 830) of Title 3 of Part 2 of thePenal Code; or any regularly employed and salariedemployee, who is engaged in directing traffic orenforcing parking laws and regulations, of a state agency,city, or a county in which a vehicle is located, may removea vehicle located within the territorial limits in which theofficer or employee may act, under any of the followingcircumstances:



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(i) (1) When any vehicle, other than a rented vehicle,is found upon a highway or any public lands, or is removedpursuant to this code, and it is known to have that thevehicle has been issued five or more notices of parkingviolation, violations to which the owner or person incontrol of the vehicle has not responded within 21calendar days of notice of citation issuance or citationissuance or 14 calendar days of the mailing of a notice ofdelinquent parking violation to the agency responsiblefor processing notices of parking violation or the

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registered owner of the vehicle is known to have beenissued five or more notices for failure to pay or failure toappear in court for traffic violations for which nocertificate has been issued by the magistrate or clerk ofthe court hearing the case showing that the case has beenadjudicated or concerning which the registered owner’srecord has not been cleared pursuant to Chapter 6(commencing with Section 41500) of Division 17, thevehicle may be impounded until that person furnishes tothe impounding law enforcement agency all of thefollowing:





(3) A notice of parking violation issued for anunlawfully parked vehicle shall be accompanied by awarning that repeated violations may result in theimpounding of the vehicle. In lieu of furnishingsatisfactory evidence that the full amount of parkingpenalties or bail has been deposited, that person maydemand to be taken without unnecessary delay before amagistrate, for traffic offenses, or a hearing examiner, forparking offenses, within the county in which the offensescharged are alleged to have been committed and who hasjurisdiction of the offenses and is nearest or mostaccessible with reference to the place where the vehicleis impounded. Evidence of current registration shall beproduced after a vehicle has been impounded, or, at thediscretion of the impounding law enforcement agency, anotice to appear for violation of subdivision (a) of Section4000 shall be issued to that person.

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impounding law enforcement agency stating that thevehicle was not in possession of the legal owner at thetime of occurrence of the offenses relating to standing orparking. A vehicle released to a legal owner under thissubdivision is a repossessed vehicle for purposes ofdisposition or sale. The impounding agency shall have alien on any surplus that remains upon sale of the vehicleto which the registered owner is or may be entitled, assecurity for the full amount of the parking penalties forall notices of parking violations issued for the vehicle andfor any local administrative charges imposed pursuant toSection 22850.5. The legal owner shall promptly remit to,and deposit with, the agency responsible for processingnotices of parking violations from that surplus, on receiptthereof, full amount of the parking penalties for allnotices of parking violations issued for the vehicle and forany local administrative charges imposed pursuant toSection 22850.5.

(5) The impounding agency that has a lien on thesurplus that remains upon the sale of a vehicle to whicha registered owner is entitled pursuant to paragraph (4)has a deficiency claim against the registered owner forthe full amount of the parking penalties for all notices ofparking violations issued for the vehicle and for any localadministrative charges imposed pursuant to Section22850.5, less the amount received from the sale of thevehicle.

(j) When any vehicle is found illegally parked andthere are no license plates or other evidence ofregistration displayed, the vehicle may be impoundeduntil the owner or person in control of the vehiclefurnishes the impounding law enforcement agency

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evidence of his or her identity and an address within thisstate at which he or she can be located.





(o) (1) When any vehicle is found upon a highway,any public lands, or an offstreet parking facility with aregistration expiration date in excess of six months beforethe date it is found on the highway, public lands, or theoffstreet parking facility. However, if the vehicle isoccupied, only a peace officer, as defined in Chapter 4.5(commencing with Section 830) of Title 3 of Part 2 of thePenal Code, may remove the vehicle. For purposes of thissubdivision, the vehicle shall be released to the owner orperson in control of the vehicle only after the owner orperson furnishes the storing law enforcement agencywith proof of current registration and a currently validdriver’s license to operate the vehicle.

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(2) For purposes of this subdivision, a roadside restarea or viewpoint is a publicly maintained vehicle

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parking area, adjacent to a highway, utilized for theconvenient, safe stopping of a vehicle to enable motoriststo rest or to view the scenery. If two or more roadside restareas are located on opposite sides of the highway, orupon the center divider, within seven miles of each other,then that combination of rest areas is considered to be thesame rest area.


SEC. 69.2. Section 22651 of the Vehicle Code isamended to read:

22651. Any peace officer, as defined in Chapter 4.5(commencing with Section 830) of Title 3 of Part 2 of thePenal Code; or any regularly employed and salariedemployee, who is engaged in directing traffic orenforcing parking laws and regulations, of a city or acounty in which a vehicle is located, may remove avehicle located within the territorial limits in which theofficer or employee may act, under any of the followingcircumstances:





(e) When any vehicle is illegally parked so as toprevent access by firefighting equipment to a firehydrant and it is impracticable to move the vehicle from

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in front of the fire hydrant to another point on thehighway.





(i) (1) When any vehicle, other than a rented vehicle,is found upon a highway or any public lands, or is removedpursuant to this code, and it is known to have been issuedfive or more notices of parking violation, to which theowner or person in control of the vehicle has notresponded within 21 calendar days of notice of citationissuance or citation issuance or 14 calendar days of anotice of delinquent parking violation to the agencyresponsible for processing notices of parking violation orthe registered owner of the vehicle is known to have beenissued five or more notices for failure to pay or failure toappear in court for traffic violations for which nocertificate has been issued by the magistrate or clerk ofthe court hearing the case showing that the case has beenadjudicated or concerning which the registered owner’srecord has not been cleared pursuant to Chapter 6(commencing with Section 41500) of Division 17, thevehicle may be impounded until that person furnishes tothe impounding law enforcement agency all of thefollowing:

(A) Evidence of his or her identity.

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(B) An address within this state at which he or she canbe located.

(C) Satisfactory evidence that all parking penaltiesdue for the vehicle and any other vehicle registered to theregistered owner of the impounded vehicle, and all trafficviolations of the registered owner, have been cleared.






impounding law enforcement agency stating that thevehicle was not in possession of the legal owner at thetime of occurrence of the offenses relating to standing orparking. A vehicle released to a legal owner under thissubdivision is a repossessed vehicle for purposes of

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disposition or sale. The impounding agency shall have alien on any surplus that remains upon sale of the vehicleto which the registered owner is or may be entitled, assecurity for the full amount of the parking penalties forall notices of parking violations issued for the vehicle andfor any local administrative charges imposed pursuant toSection 22850.5. The legal owner shall promptly remit to,and deposit with, the agency responsible for processingnotices of parking violations from that surplus, on receiptthereof, full amount of the parking penalties for allnotices of parking violations issued for the vehicle and forany local administrative charges imposed pursuant toSection 22850.5.





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(p) When the peace officer issues the driver of avehicle a notice to appear for a violation of Section 12500,14601, 14601.1, 14601.2, 14601.3, 14601.4, 14601.5, or 14604and the vehicle has not been impounded pursuant toSection 22655.5. Any vehicle so removed from thehighway or any public lands, or from private property

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after having been on a highway or public lands, shall notbe released to the registered owner or his or her agent,except upon presentation of the registered owner’s or hisor her agent’s currently valid driver’s license to operatethe vehicle and proof of current vehicle registration, orupon order of a court.






(u) When any motor vehicle was used by a person whowas engaged in a motor vehicle speed contest, asdescribed in subdivision (a) of Section 23109, and the

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person was arrested and taken into custody for thatoffense by a peace officer.

SEC. 69.3. Section 22651 of the Vehicle Code isamended to read:

22651. Any peace officer, as defined in Chapter 4.5(commencing with Section 830) of Title 3 of Part 2 of thePenal Code; or any regularly employed and salariedemployee, who is engaged in directing traffic orenforcing parking laws and regulations, of a state agency,city, or a county in which a vehicle is located, may removea vehicle located within the territorial limits in which theofficer or employee may act, under any of the followingcircumstances:







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(i) (1) When any vehicle, other than a rented vehicle,is found upon a highway or any public lands, or is removedpursuant to this code, and it is known to have that thevehicle has been issued five or more notices of parkingviolation violations, to which the owner or person incontrol of the vehicle has not responded within 21calendar days of notice of citation issuance or citationissuance or 14 calendar days of the mailing of a notice ofdelinquent parking violation to the agency responsiblefor processing notices of parking violation or theregistered owner of the vehicle is known to have beenissued five or more notices for failure to pay or failure toappear in court for traffic violations for which nocertificate has been issued by the magistrate or clerk ofthe court hearing the case showing that the case has beenadjudicated or concerning which the registered owner’srecord has not been cleared pursuant to Chapter 6(commencing with Section 41500) of Division 17, thevehicle may be impounded until that person furnishes tothe impounding law enforcement agency all of thefollowing:




(2) The requirements in subparagraph (C) ofparagraph (1) shall be fully enforced by the impounding

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law enforcement agency on and after the time that theDepartment of Motor Vehicles is able to provide accessto the necessary records.





impounding law enforcement agency stating that thevehicle was not in possession of the legal owner at thetime of occurrence of the offenses relating to standing orparking. A vehicle released to a legal owner under thissubdivision is a repossessed vehicle for purposes ofdisposition or sale. The impounding agency shall have alien on any surplus that remains upon sale of the vehicleto which the registered owner is or may be entitled, assecurity for the full amount of the parking penalties forall notices of parking violations issued for the vehicle andfor any local administrative charges imposed pursuant toSection 22850.5. The legal owner shall promptly remit to,and deposit with, the agency responsible for processing

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notices of parking violations from that surplus, on receiptthereof, full amount of the parking penalties for allnotices of parking violations issued for the vehicle and forany local administrative charges imposed pursuant toSection 22850.5.





(m) Wherever the use of the highway, or any portionthereof, is authorized by local authorities for a purposeother than the normal flow of traffic or for the movementof equipment, articles, or structures of unusual size, andthe parking of any vehicle would prohibit or interferewith that use or movement, and signs giving notice thatthe vehicle may be removed are erected or placed at least

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24 hours prior to the removal by local authorities pursuantto the ordinance.





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(u) When any motor vehicle was used by a person whowas engaged in a motor vehicle speed contest, asdescribed in subdivision (a) of Section 23109, and theperson was arrested and taken into custody for thatoffense by a peace officer.

SEC. 70. Section 23157 of the Vehicle Code, asamended by Section 17 of Chapter 938 of the Statutes of1994, is amended to read:

23157. (a) (1) Any person who drives a motorvehicle is deemed to have given his or her consent to

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chemical testing of his or her blood, breath, or urine forthe purpose of determining the alcoholic content of his orher blood, and to have given his or her consent tochemical testing of his or her blood or urine for thepurpose of determining the drug content of his or herblood, if lawfully arrested for any offense allegedlycommitted in violation of Section 23140, 23152, or 23153.The testing shall be incidental to a lawful arrest andadministered at the direction of a peace officer havingreasonable cause to believe the person was driving amotor vehicle in violation of Section 23140, 23152, or23153. The person shall be told that his or her failure tosubmit to, or the failure to complete, the requiredchemical testing will result in a fine, mandatoryimprisonment if the person is convicted of a violation ofSection 23152 or 23153, and (A) the suspension of theperson’s privilege to operate a motor vehicle for a periodof one year, (B) the revocation of the person’s privilegeto operate a motor vehicle for a period of two years if therefusal occurs within seven years of a separate violationof Section 23103 as specified in Section 23103.5, or ofSection 23140, 23152, or 23153, or of Section 191.5 orparagraph (3) of subdivision (c) of Section 192 of thePenal Code which resulted in a conviction, or if theperson’s privilege to operate a motor vehicle has beensuspended or revoked pursuant to Section 13353, 13353.1,or 13353.2 for an offense which occurred on a separateoccasion, or (C) the revocation of the person’s privilegeto operate a motor vehicle for a period of three years ifthe refusal occurs within seven years of two or moreseparate violations of Section 23103 as specified in Section23103.5, or of Section 23140, 23152, or 23153, or of Section191.5 or paragraph (3) of subdivision (c) of Section 192 ofthe Penal Code, or any combination thereof, whichresulted in convictions, or if the person’s privilege tooperate a motor vehicle has been suspended or revokedtwo or more times pursuant to Section 13353, 13353.1, or13353.2 for offenses which occurred on separateoccasions, or if there is any combination of thoseconvictions or administrative suspensions or revocations.

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(2) (A) If the person is lawfully arrested for drivingunder the influence of an alcoholic beverage, the personhas the choice of whether the test shall be of his or herblood, breath, or urine, and the officer shall advise theperson that he or she has that choice. If the personarrested either is incapable, or states that he or she isincapable, of completing any chosen test, the person shallsubmit to the person’s choice of the remaining tests ortest, and the officer shall advise the person that the personhas that choice.

(B) If the person is lawfully arrested for driving underthe influence of any drug or the combined influence of analcoholic beverage and any drug, the person has thechoice of whether the test shall be of his or her blood,breath, or urine, and the officer shall advise the personthat he or she has that choice.

(C) A person who chooses to submit to a breath testmay also be requested to submit to a blood or urine testif the officer has reasonable cause to believe that theperson was driving under the influence of any drug or thecombined influence of an alcoholic beverage and anydrug and if the officer has a clear indication that a bloodor urine test will reveal evidence of the person beingunder the influence. The officer shall state in his or herreport the facts upon which that belief and that clearindication are based. The person has the choice ofsubmitting to and completing a blood or urine test, andthe officer shall advise the person that he or she isrequired to submit to an additional test and that he or shemay choose a test of either blood or urine. If the personarrested either is incapable, or states that he or she isincapable, of completing either chosen test, the personshall submit to and complete the other remaining test.

(3) If the person is lawfully arrested for an offenseallegedly committed in violation of Section 23140, 23152,or 23153, and, because of the need for medical treatment,the person is first transported to a medical facility whereit is not feasible to administer a particular test of, or toobtain a particular sample of, the person’s blood, breath,or urine, the person has the choice of those tests which are

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available at the facility to which that person has beentransported. In that case, the officer shall advise theperson of those tests which are available at the medicalfacility and that the person’s choice is limited to thosetests which are available.

(4) The officer shall also advise the person that he orshe does not have the right to have an attorney presentbefore stating whether he or she will submit to a test ortests, before deciding which test or tests to take, or duringadministration of the test or tests chosen, and that, in theevent of refusal to submit to a test or tests, the refusal maybe used against him or her in a court of law.

(5) Any person who is unconscious or otherwise in acondition rendering him or her incapable of refusal isdeemed not to have withdrawn his or her consent and atest or tests may be administered whether or not theperson is told that his or her failure to submit to, or thenoncompletion of, the test or tests will result in thesuspension or revocation of his or her privilege to operatea motor vehicle. Any person who is dead is deemed notto have withdrawn his or her consent and a test or testsmay be administered at the direction of a peace officer.

(b) Any person who is afflicted with hemophilia isexempt from the blood test required by this section.

(c) Any person who is afflicted with a heart conditionand is using an anticoagulant under the direction of alicensed physician and surgeon is exempt from the bloodtest required by this section.

(d) A person lawfully arrested for any offenseallegedly committed while the person was driving amotor vehicle in violation of Section 23140, 23152, or 23153may request the arresting officer to have a chemical testmade of the arrested person’s blood, breath, or urine forthe purpose of determining the alcoholic content of thatperson’s blood, and, if so requested, the arresting officershall have the test performed.

(e) If the person, who has been arrested for a violationof Section 23140, 23152, or 23153, refuses or fails tocomplete a chemical test or tests, or requests that a bloodor urine test be taken, the peace officer, acting on behalf

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of the department, shall serve the notice of the order ofsuspension or revocation of the person’s privilege tooperate a motor vehicle personally on the arrestedperson. The notice shall be on a form provided by thedepartment.

(f) If the peace officer serves the notice of the orderof suspension or revocation of the person’s privilege tooperate a motor vehicle, the peace officer shall takepossession of any driver’s license issued by this state whichis held by the person. The temporary driver’s license shallbe an endorsement on the notice of the order ofsuspension and shall be valid for 30 days from the date ofarrest.

(g) The peace officer shall immediately forward acopy of the completed notice of suspension or revocationform and any driver’s license taken into possession undersubdivision (f), with the report required by Section23158.2, to the department. If the person submitted to ablood or urine test, the peace officer shall forward theresults immediately to the appropriate forensiclaboratory. The forensic laboratory shall forward theresults of the chemical tests to the department within 15calendar days of the date of the arrest.

(h) A preliminary alcohol screening test that indicatesthe presence or concentration of alcohol based on abreath sample in order to establish reasonable cause tobelieve the person was driving a vehicle in violation ofSection 23140, 23152, or 23153 is a field sobriety test andmay be used by an officer as a further investigative tool.

(i) If the officer decides to use a preliminary alcoholscreening test, the officer shall advise the person that heor she is requesting that person to take a preliminaryalcohol screening test to assist the officer in determiningif that person is under the influence of alcohol or drugs,or a combination of alcohol and drugs. The person’sobligation to submit to a blood, breath, or urine test, asrequired by this section, for the purpose of determiningthe alcohol or drug content of that person’s blood, is notsatisfied by the person submitting to a preliminaryalcohol screening test. The officer shall advise the person

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of that fact and of the person’s right to refuse to take thepreliminary alcohol screening test.


amended to read:23190. (a) If any person is convicted of a violation of

Section 23153 and the offense occurred within sevenyears of two or more separate violations of Section 23103,as specified in Section 23103.5, or Section 23152 or 23153,or any combination of these violations, which resulted inconvictions, that person shall be punished byimprisonment in the state prison for a term of two, three,or four years and by a fine of not less than one thousandfifteen dollars ($1,015) nor more than five thousanddollars ($5,000). The person’s privilege to operate a motorvehicle shall be revoked by the Department of MotorVehicles pursuant to paragraph (6) of subdivision (a) ofSection 13352.

(b) If any person is convicted of a violation of Section23153, and the act or neglect proximately causes greatbodily injury, as defined in Section 12022.7 of the PenalCode, to any person other than the driver, and the offenseoccurred within seven years of two or more separateviolations of Section 23103, as specified in Section 23103.5,or Section 23152 or 23153, or any combination of theseviolations, which resulted in convictions, that person shallbe punished by imprisonment in the state prison for aterm of two, three, or four years and by a fine of not lessthan one thousand fifteen dollars ($1,015) nor more thanfive thousand dollars ($5,000). The person’s privilege tooperate a motor vehicle shall be revoked by theDepartment of Motor Vehicles pursuant to paragraph (6)of subdivision (a) of Section 13352.

(c) If any person is convicted under subdivision (b),and the offense for which the person is convictedoccurred within seven years of four or more separateviolations of Section 23103, as specified in Section 23103.5,or Section 23152 or 23153, or any combination of theseviolations, that resulted in convictions, that person shall,in addition and consecutive to the sentences imposed

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under subdivision (b), be punished by an additional termof imprisonment in the state prison for three years.

The enhancement allegation provided in thesubdivision shall be pleaded and proved as provided bylaw.

(d) Any person convicted of Section 23153 punishableunder this section shall be designated as an habitual trafficoffender for a period of three years, subsequent to theconviction. The person shall be advised of this designationpursuant to subdivision (b) of Section 13350.

(e) Any person confined in state prison under thissection shall be ordered by the court to participate in analcohol or drug program, or both, that is available at theprison during the person’s confinement. Completion ofan alcohol or drug program under this section does notmeet the program completion requirement of paragraph(6) of subdivision (a) of Section 13352, unless the drug oralcohol program is licensed under Chapter 9(commencing with Section 11836) of Part 2 of Division10.5 of the Health and Safety Code, or is a programspecified in Section 8001 of the Penal Code.


amended to read:23250. All of the provisions of this code not

inconsistent with the provisions of this chapter shall beapplicable to vehicular crossings and toll highways. Thischapter shall control over any provision of this codeinconsistent with this chapter.


amended to read:23302. (a) It is unlawful for any person to refuse to

pay tolls or other charges on any vehicular crossing or tollhighway. It is prima facie evidence of a violation of thissection for any person to enter upon any vehicularcrossing without either lawful money of the United Statesin the person’s immediate possession in an amountsufficient to pay the prescribed tolls or other charges duefrom that person or transponder or other electronic toll

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payment device associated with a valid AutomaticVehicle Identification account with a balance sufficient topay those tolls.

(b) For vehicular crossings and toll highways that useselectronic toll collection as the only method of payingtolls or other charges, it is prima facie evidence of aviolation of this section for any person to enter thevehicular crossing or toll highway without a transponderor other electronic toll payment device associated with avalid Automatic Vehicle Identification account with abalance sufficient to pay those tolls. If a transponder orother electronic toll payment device is used to pay tollsor other charges due, the device shall be located in, or onthe vehicle in a location so as to be visible for the purposeof enforcement at all times when the vehicle is located onthe vehicular crossing or toll highway. Where required bythe operator of a vehicular crossing or toll highway, thisrequirement applies even if the operator offers freetravel or nontoll accounts to certain classes of users.

SEC. 77. Section 24011.7 of the Vehicle Code isrepealed.


amended to read:25258. (a) An authorized emergency vehicle

operating under the conditions specified in Section 21055may display a flashing white light from a gaseousdischarge lamp designed and used for the purpose ofcontrolling official traffic control signals.

(b) An authorized emergency vehicle used by a peaceofficer, as defined in Section 830.1 of, subdivision (a), (b),(c), (d), (e), (f), (g), (h), or (j) of Section 830.2 of,subdivision (b) of Section 830.31 of, subdivision (a) or (b)of Section 830.32 of, Section 830.33 of, subdivision (a) ofSection 830.36 of, subdivision (a) of Section 830.4 of, orSection 830.6 of, the Penal Code, in the performance ofthe peace officer’s duties, may, in addition, display asteady or flashing blue warning light visible from thefront, sides, or rear of the vehicle.

SEC. 79.

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SEC. 75. Section 25258.1 of the Vehicle Code isrepealed.


amended to read:25279. (a) Vehicles owned and operated by private

security agencies and utilized exclusively on privatelyowned and maintained roads to which this code is madeapplicable by local ordinance or resolution, may displayflashing amber warning lights to the front, sides, or rear,while being operated in response to emergency calls forthe immediate preservation of life or property.

(b) (1) Vehicles owned by a private security agencyand operated by personnel who are registered with theDepartment of Consumer Affairs under Article 3(commencing with Section 7582) of Chapter 11.5 ofDivision 3 of the Business and Professions Code may beequipped with a flashing amber warning light systemwhile the vehicle is operated on a highway, if the vehicleis in compliance with Section 27605 and is distinctivelymarked with the words ‘‘PRIVATE SECURITY’’ or‘‘SECURITY PATROL’’ on the rear and both sides of thevehicle in a size that is legible from a distance of not lessthan 50 feet.

(2) The flashing amber warning light systemauthorized under paragraph (1) shall not be activatedwhile the vehicle is on the highway, unless otherwisedirected by a peace officer, as defined in Chapter 4.5(commencing with Section 830) of Title 3 of Part 2 of thePenal Code.

(c) A peace officer may order that the flashing amberwarning light system of a vehicle that is found to be inviolation of this section be immediately removed at theplace of business of the vehicle’s owner or a garage.

(d) A flashing amber warning light system shall not beinstalled on a vehicle that has been found to be inviolation of this section, unless written authorization isobtained from the Commissioner of the CaliforniaHighway Patrol.

SEC. 81.

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SEC. 77. Section 26708 of the Vehicle Code isamended to read:

26708. (a) (1) No person shall drive any motorvehicle with any object or material placed, displayed,installed, affixed, or applied upon the windshield or sideor rear windows.

(2) No person shall drive any motor vehicle with anyobject or material placed, displayed, installed, affixed, orapplied in or upon the vehicle which obstructs or reducesthe driver’s clear view through the windshield or sidewindows.

(3) This subdivision applies to a person driving a motorvehicle with the driver’s clear vision through thewindshield, or side or rear windows, obstructed by snowor ice.

(b) This section does not apply to:(1) Rearview mirrors.(2) Adjustable nontransparent sunvisors which are

mounted forward of the side windows and are notattached to the glass.

(3) Signs, stickers, or other materials which aredisplayed in a 7-inch square in the lower corner of thewindshield farthest removed from the driver, signs,stickers, or other materials which are displayed in a 7-inchsquare in the lower corner of the rear window farthestremoved from the driver, or signs, stickers, or othermaterials which are displayed in a 5-inch square in thelower corner of the windshield nearest the driver.

(4) Side windows which are to the rear of the driver.(5) Direction, destination, or termini signs upon a

passenger common carrier motor vehicle or a schoolbus,if those signs do not interfere with the driver’s clear viewof approaching traffic.

(6) Rear window wiper motor.(7) Rear trunk lid handle or hinges.(8) The rear window or windows, when the motor

vehicle is equipped with outside mirrors on both the left-and right-hand sides of the vehicle that are so located asto reflect to the driver a view of the highway through

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each mirror for a distance of at least 200 feet to the rearof the vehicle.

(9) A clear, transparent lens affixed to the side windowopposite the driver on a vehicle greater than 80 inches inwidth and which occupies an area not exceeding 50square inches of the lowest corner toward the rear of thatwindow and which provides the driver with a wide-angleview through the lens.

(10) Sun screening devices meeting the requirementsof Section 26708.2 installed on the side windows on eitherside of the vehicle’s front seat, if the driver or a passengerin the front seat has in his or her possession a letter orother document signed by a licensed physician andsurgeon certifying that the person must be shaded fromthe sun due to a medical condition, or has in his or herpossession a letter or other document signed by a licensedoptometrist certifying that the person must be shadedfrom the sun due to a visual condition. The devicesauthorized by this paragraph shall not be used duringdarkness.

(11) An electronic communication device affixed tothe center uppermost portion of the interior of awindshield within an area that is not greater than 5 inchessquare, if the device provides either of the following:

(A) The capability for enforcement facilities of theDepartment of the California Highway Patrol tocommunicate with a vehicle equipped with the device.

(B) The capability for electronic toll and trafficmanagement on public or private roads or facilities.

(c) Notwithstanding subdivision (a), transparentmaterial may be installed, affixed, or applied to thetopmost portion of the windshield if:

(1) The bottom edge of the material is at least 29inches above the undepressed driver’s seat whenmeasured from a point 5 inches in front of the bottom ofthe backrest with the driver’s seat in its rearmost andlowermost position with the vehicle on a level surface.

(2) The material is not red or amber in color.

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(3) There is no opaque lettering on the material andany other lettering does not affect primary colors ordistort vision through the windshield.

(4) The material does not reflect sunlight or headlightglare into the eyes of occupants of oncoming or followingvehicles to any greater extent than the windshieldwithout the material.


amended to read:27315. (a) The Legislature finds that a mandatory

seatbelt law will contribute to reducing highway deathsand injuries by encouraging greater usage of existingmanual seatbelts, that automatic crash protection systemswhich require no action by vehicle occupants offer thebest hope of reducing deaths and injuries, and thatencouraging the use of manual safety belts is only a partialremedy for addressing this major cause of death andinjury. The Legislature declares that the enactment ofthis section is intended to be compatible with support forfederal safety standards requiring automatic crashprotection systems and should not be used in any mannerto rescind federal requirements for installation ofautomatic restraints in new cars.

(b) This section shall be known and may be cited as thePrivate Passenger Motor Vehicle Safety Act.

(c) As used in this section, ‘‘private passenger motorvehicle’’ means any passenger vehicle and anymotortruck of less than 6,001 pounds unladen weight, but‘‘private passenger motor vehicle’’ does not include amotorcycle.

(d) (1) No person shall operate a private passengermotor vehicle on a highway unless that person and allpassengers 16 years of age or over are properly restrainedby a safety belt. This paragraph does not apply to theoperator of a taxicab, as defined in Section 27908, whenthe taxicab is driven on a city street. The safety beltrequirement established by this paragraph is theminimum safety standard applicable to employees beingtransported in a private passenger motor vehicle. This

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paragraph does not preempt any more stringent orrestrictive standards imposed by the Labor Code or anyother state or federal regulation regarding thetransportation of employees in a private passenger motorvehicle.

(2) The operator of a limousine for hire or the operatorof an authorized emergency vehicle, as defined insubdivision (a) of Section 165, shall not operate thelimousine for hire or authorized emergency vehicleunless the operator and any passengers four years of ageor over and weighing 40 pounds or more, in the front seatare properly restrained by a safety belt.

(3) The operator of a taxicab shall not operate thetaxicab unless any passengers four years of age or over andweighing 40 pounds or more, in the front seat areproperly restrained by a safety belt.

(e) No person 16 years of age or over shall be apassenger in a private passenger motor vehicle on ahighway unless that person is properly restrained by asafety belt.

(f) Every owner of a private passenger motor vehicle,including every owner or operator of a taxicab, as definedin Section 27908, or a limousine for hire, operated on ahighway shall maintain safety belts in good working orderfor the use of occupants of the vehicle. The safety beltsshall conform to motor vehicle safety standardsestablished by the United States Department ofTransportation. This subdivision does not, however,require installation or maintenance of safety belts wherenot required by the laws of the United States applicableto the vehicle at the time of its initial sale.

(g) This section does not apply to a passenger oroperator with a physically disabling condition or medicalcondition which would prevent appropriate restraint ina safety belt, if the condition is duly certified by a licensedphysician and surgeon or by a licensed chiropractor whoshall state the nature of the condition, as well as the reasonthe restraint is inappropriate. This section also does notapply to a public employee, when in an authorizedemergency vehicle as defined in paragraph (1) of

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subdivision (b) of Section 165, or to any passenger in anyseat behind the front seat of an authorized emergencyvehicle as defined in paragraph (1) of subdivision (b) ofSection 165 operated by the public employee, unlessrequired by the agency employing the public employee.

(h) Notwithstanding subdivision (a) of Section 42001,any violation of subdivision (d), (e), or (f) is an infractionpunishable by a fine, including all penalty assessmentsand court costs imposed on the convicted person, of notmore than twenty dollars ($20) for a first offense, and afine, including all penalty assessments and court costsimposed on the convicted person, of not more than fiftydollars ($50) for each subsequent offense. In lieu of thefine and any penalty assessment or court costs, the court,pursuant to Section 42005, may order that a personconvicted of a first offense attend a school for trafficviolators or a driving school in which the proper use ofsafety belts is demonstrated.

(i) For any violation of subdivision (d), (e), or (f), inaddition to the fines provided for pursuant to subdivision(h) and the penalty assessments provided for pursuant toSection 1464 of the Penal Code, an additional penaltyassessment of two dollars ($2) shall be levied for any firstoffense, and an additional penalty assessment of fivedollars ($5) shall be levied for any subsequent offense.

All moneys collected pursuant to this subdivision shallbe utilized in accordance with Section 1464 of the PenalCode.

(j) In any civil action, a violation of subdivision (d),(e), or (f) or information of a violation of subdivision (h)shall not establish negligence as a matter of law ornegligence per se for comparative fault purposes, butnegligence may be proven as a fact without regard to theviolation.

(k) If the United States Secretary of Transportationfails to adopt safety standards for manual safety beltsystems by September 1, 1989, no private passengermotor vehicle manufactured after that date for sale orsold in this state shall be registered unless it contains amanual safety belt system which meets the performance

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standards applicable to automatic crash protectiondevices adopted by the Secretary of Transportationpursuant to Federal Motor Vehicle Safety Standard No.208 (49 C.F.R. 571.208) as in effect on January 1, 1985.

(l) Each private passenger motor vehicle offered fororiginal sale in this state which has been manufactured onor after September 1, 1989, shall comply with theautomatic restraint requirements of Section S4.1.2.1 ofFederal Motor Vehicle Safety Standard No. 208 (49 C.F.R.571.208), as published in Volume 49 of the FederalRegister, No. 138, page 29009. Any automobilemanufacturer who sells or delivers a private passengermotor vehicle subject to the requirements of thissubdivision, and fails to comply with this subdivision, shallbe punished by a fine of not more than five hundreddollars ($500) for each sale or delivery of a noncomplyingprivate passenger motor vehicle.

(m) Compliance with subdivision (k) or (l) by amanufacturer shall be made by self-certification in thesame manner as self-certification is accomplished underfederal law.

(n) This section does not apply to a person actuallyengaged in delivery of newspapers to customers along theperson’s route if the person is properly restrained by asafety belt prior to commencing and subsequent tocompleting delivery on the route.

(o) This section does not apply to a person actuallyengaged in collection and delivery activities as a ruraldelivery carrier for the United States Postal Service if theperson is properly restrained by a safety belt prior tostopping at the first box and subsequent to stopping at thelast box on the route.

(p) Subdivisions (d), (e), (f), (g), and (h) shallbecome inoperative immediately upon the date that theUnited States Secretary of Transportation, or his or herdelegate, determines to rescind the portion of theFederal Motor Vehicle Safety Standard No. 208 (49 C.F.R.571.208) which requires the installation of automaticrestraints in new private passenger motor vehicles,except that those subdivisions shall not become

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inoperative if the secretary’s decision to rescind thatStandard No. 208 is not based, in any respect, on theenactment or continued operation of those subdivisions.


amended to read:27365. (a) (1) Every car rental agency in California

shall inform each of its customers of the provisions ofSection 27360 by posting, in a place conspicuous to thepublic in each established place of business of the agency,a notice not smaller than 15 inches by 20 inches whichstates the following:

‘‘CALIFORNIA LAW REQUIRES ALL CHILDRENUNDER THE AGE OF 4, REGARDLESS OF WEIGHT,OR WEIGHING LESS THAN 40 POUNDS,REGARDLESS OF AGE, TO BE TRANSPORTED IN ACHILD RESTRAINT SYSTEM. THIS AGENCY ISREQUIRED TO PROVIDE FOR RENTAL A CHILDRESTRAINT SYSTEM IF YOU DO NOT HAVE SUCH ASYSTEM YOURSELF.’’

(2) The posted notice specified in paragraph (1) is notrequired if the car rental agency’s place of business islocated in a hotel which has a business policy prohibitingthe posting of signs or notices in any area of the hotel. Inthat case, a car rental agency shall furnish a written noticeto each customer which contains the same information asrequired for the posted notice.

(b) Every such agency shall have available for, andshall, upon request, provide for rental to, adults travelingwith children under the age of four, regardless of weight,or weighing less than 40 pounds, regardless of age, childpassenger seat restraint systems meeting applicablefederal motor vehicle safety standards on the date of therental transaction, in good and safe condition, with nomissing original parts, and not older than five years.

(c) A violation of this section is an infractionpunishable by a fine of one hundred dollars ($100).

SEC. 84.

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34501.12. (a) Notwithstanding Section 408, as used inthis section and Sections 34505.5 and 34505.6, ‘‘motorcarrier’’ means the registered owner of any vehicledescribed in subdivision (a), (b), (e), (f), or (g) ofSection 34500, except in the following circumstances:

(1) The registered owner leases the vehicle to anotherperson for a term of more than four months. If the leaseis for more than four months, the lessee is the motorcarrier.

(2) The registered owner operates the vehicleexclusively under the authority and direction of anotherperson. If the operation is exclusively under the authorityand direction of another person, that other person mayassume the responsibilities as the motor carrier. If not soassumed, the registered owner is the motor carrier. Aperson who assumes the motor carrier responsibilities ofanother pursuant to subdivision (b) shall provide to thatother person whose motor carrier responsibility is soassumed, a completed copy of a department formdocumenting that assumption, stating the period forwhich responsibility is assumed, and signed by an agentof the assuming person. A legible copy shall be carried ineach vehicle or combination of vehicles operated on thehighway during the period for which responsibility isassumed. That copy shall be presented upon request byany authorized employee of the department. The originalcompleted departmental form documenting theassumption shall be provided to the department within 30days of the assumption. If the assumption of responsibilityis terminated, the person who had assumed responsibilityshall so notify the department in writing within 30 daysof the termination.

(b) (1) A motor carrier may combine two or moreterminals for purposes of the inspection required bysubdivision (d) subject to all of the following conditions:

(A) The carrier identifies to the department, inwriting, each terminal proposed to be included in thecombination of terminals for purposes of this subdivision

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prior to an inspection of the designated terminal pursuantto subdivision (d).

(B) The carrier provides the department, prior to theinspection of the designated terminal pursuant tosubdivision (d) a written listing of all its vehicles of a typesubject to subdivision (a), (b), (e), (f), or (g) of Section34500 which are based at each of the terminals combinedfor purposes of this subdivision. The listing shall specifythe number of vehicles of each type at each terminal.

(C) The carrier provides to the department at thedesignated terminal during the inspection allmaintenance records and driver records and arepresentative sample of vehicles based at each of theterminals included within the combination of terminals.

(2) If the carrier fails to provide the maintenancerecords, driver records, and representative sample ofvehicles pursuant to subparagraph (C) of paragraph (1),the department shall assign the carrier an unsatisfactoryterminal rating and require a reinspection to beconducted pursuant to subdivision (h).

(3) For purposes of this subdivision, the followingterms have the meanings given:

(A) ‘‘Driver records’’ includes pull notice systemrecords, driver proficiency records, and drivertimekeeping records.

(B) ‘‘Maintenance records’’ includes all requiredmaintenance, lubrication, and repair records and drivers’daily vehicle condition reports.

(C) ‘‘Representative sample’’ means the following,applied separately to the carrier’s fleet of motor trucksand truck tractors and its fleet of trailers:

Fleet Size

Representative

Sample

1 or 2 All3 to 8 39 to 15 416 to 25 626 to 50 9

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51 to 90 1491 or more 20

(c) Each motor carrier who, in this state, directs theoperation of, or maintains, any vehicle of a type describedin subdivision (a) shall designate one or more terminals,as defined in Section 34515, in this state where vehiclescan be inspected by the department pursuant toparagraph (3) of subdivision (a) of Section 34501 andwhere vehicle inspection and maintenance records anddriver records will be made available for inspection.

(d) The department shall inspect, at least every 25months, every terminal, as defined in Section 34515, ofany motor carrier who, at any time, operates any vehicledescribed in subdivision (a).

As used in this section and in Sections 34505.5 and34505.6, subdivision (f) of Section 34500 includes onlythose combinations where the gross vehicle weight rating(GVWR) of the towing vehicle exceeds 10,100 pounds,and subdivision (g) of Section 34500 includes only thosevehicles transporting hazardous material for which thedisplay of placards is required pursuant to Section 27903,a license is required pursuant to Section 32000.5, or forwhich hazardous waste hauler registration is requiredpursuant to Section 25163 of the Health and Safety Code.Historical vehicles, as described in Section 5004, vehicleswhich display special identification plates in accordancewith Section 5011, implements of husbandry, as definedin Chapter 1 (commencing with Section 36000) ofDivision 16, and vehicles owned or operated by an agencyof the federal government are not subject to this sectionor to Sections 34505.5 and 34505.6.

(e) (1) It is the responsibility of the motor carrier toschedule with the department the inspection required bysubdivision (d). The motor carrier shall submit anapplication form supplied by the department,accompanied by the required fee. The fee, which isnonrefundable, is four hundred dollars ($400) perterminal, except in the case of an owner-operator, asdefined in Section 3557 of the Public Utilities Code, or a

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nonregulated motor carrier who owns, leases, orotherwise operates not more than one heavy power unitand not more than three towed vehicles described insubdivision (a), (b), (e), (f), or (g) of Section 34500, forwhich the fee shall be one hundred dollars ($100).Federal, state, and local public entities are exempt fromthe fee requirements of this section.

(2) Except as provided in paragraph (4), theinspection term for each inspected terminal of a motorcarrier shall expire 25 months from the date the terminalreceives a satisfactory compliance rating, as specified insubdivision (h). Applications and fees for subsequentinspections shall be submitted not earlier than ninemonths and not later than seven months before theexpiration of the motor carrier’s then current inspectionterm. If the motor carrier has submitted the inspectionapplication and the required accompanying fees, but thedepartment is unable to complete the inspection withinthe 25-month inspection period, then no additional feeshall be required for the inspection requested in theoriginal application.

(3) All fees collected pursuant to this subdivision shallbe deposited in the Motor Vehicle Account in the StateTransportation Fund. An amount equal to the feescollected shall be available for appropriation by theLegislature from the Motor Vehicle Account to thedepartment for the purpose of conducting truck terminalinspections and for the additional roadside safetyinspections required by Section 34514.

(4) To avoid the scheduling of a renewal terminalinspection pursuant to this section during a carrier’sseasonal peak business periods, the current inspectionterm of a terminal that has paid all required fees and hasbeen rated satisfactory in its last inspection may bereduced by not more than nine months if a writtenrequest is submitted by the carrier to the department atleast four months prior to the desired inspection month,or at the time of payment of renewal inspection fees incompliance with paragraph (2), whichever date isearlier. A motor carrier may request this adjustment of

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the inspection term during any inspection cycle. Arequest made pursuant to this paragraph shall not resultin a fee proration and does not relieve the carrier from therequirements of paragraph (2).

(f) It is unlawful for a motor carrier to operate anyvehicle subject to this section without having submittedan inspection application and the required fees to thedepartment as required by subdivision (e) or (h).

(g) On and after July 1, 1992, it is unlawful for anymotor carrier to operate any vehicle subject to thissection after submitting an inspection application to thedepartment, without the inspection described insubdivision (d) having been performed and a safetycompliance report having been issued to the motorcarrier within the 25-month inspection period or within60 days immediately preceding the inspection period.

(h) (1) Any inspected terminal that receives anunsatisfactory compliance rating shall be reinspectedwithin 120 days after the issuance of the unsatisfactorycompliance rating.

(2) A terminal’s first required reinspection under thissubdivision shall be without charge unless one or more ofthe following is established:

(A) The motor carrier’s operation presented animminent danger to public safety.

(B) The motor carrier was not in compliance with therequirement to enroll all drivers in the pull noticeprogram pursuant to Section 1808.1.

(C) The motor carrier failed to provide all requiredrecords and vehicles for a consolidated inspectionpursuant to subdivision (b).

(3) If the unsatisfactory rating was assigned for any ofthe reasons set forth in paragraph (2), the carrier shallsubmit the required fee as provided in paragraph (4).

(4) Applications for reinspection pursuant toparagraph (3) or for second and subsequent consecutivereinspections under this subdivision shall beaccompanied by the fee specified in paragraph (1) ofsubdivision (e) and shall be filed within 60 days of

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issuance of the unsatisfactory compliance rating. Thereinspection fee is nonrefundable.

(5) When a motor carrier’s Public UtilitiesCommission operating authority is suspended as a resultof an unsatisfactory compliance rating, the departmentshall conduct no reinspection until requested to do so bythe Public Utilities Commission.

(i) It is the intent of the Legislature that thedepartment make its best efforts to inspect terminalswithin the resources provided. In the interest of the state,the Commissioner of the California Highway Patrol mayextend for a period not to exceed six months theinspection terms beginning prior to July 1, 1990.

(j) To encourage truck terminal operators to attaincontinuous satisfactory compliance ratings, thedepartment may establish and implement an incentiveprogram consisting of the following:

(1) After the second consecutive satisfactorycompliance rating assigned as a result of an inspectionconducted pursuant to subdivision (d), and eachconsecutive satisfactory compliance rating thereafter, anappropriate certificate, denoting the number ofconsecutive satisfactory ratings, shall be awarded to theterminal, unless the terminal has received anunsatisfactory compliance rating as a result of anyinspection conducted in the interim between theconsecutive inspections conducted under subdivision(d).

(2) Unless the department’s evaluation of the motorcarrier’s safety record indicates a declining level ofcompliance, a terminal that has attained two consecutivesatisfactory compliance ratings assigned followinginspections conducted pursuant to subdivision (d) iseligible for an administrative review in lieu of the nextrequired inspection, unless the terminal has received anunsatisfactory compliance rating as a result of anyinspection conducted in the interim between theconsecutive inspections conducted under subdivision(d). An administrative review shall consist of all of thefollowing:

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(A) A signed request by a terminal managementrepresentative requesting the administrative review inlieu of the required inspection containing a promise tocontinue to maintain a satisfactory level of compliance forthe next 25-month inspection term.

(B) A review with a terminal managementrepresentative of the carrier’s record as contained in thedepartment’s files.

(C) Absent any cogent reasons to the contrary, uponcompletion of subparagraphs (A) and (B), the safetycompliance rating assigned during the last requiredinspection shall be extended for 25 months.

(3) Administrative reviews may not be conductedconsecutively. At the completion of the 25-monthinspection term following an administrative review, aterminal inspection shall be conducted pursuant tosubdivision (d). If this inspection results in a satisfactorycompliance rating, the terminal shall again be eligible foran administrative review in lieu of the next requiredinspection. If the succession of satisfactory ratings isinterrupted by a rating of other than satisfactory, theterminal shall again attain two consecutive satisfactoryratings to become eligible for an administrative review.

SEC. 85.SEC. 80.1. Section 34501.12 of the Vehicle Code is

amended to read:34501.12. (a) Notwithstanding Section 408, as used in

this section and Sections 34505.5 and 34505.6, ‘‘motorcarrier’’ means the registered owner of any vehicledescribed in subdivision (a), (b), (e), (f), or (g) ofSection 34500, except in either of the followingcircumstances:

(1) The registered owner leases the vehicle to anotherperson for a term of more than four months. If the leaseis for more than four months, the lessee is the motorcarrier.

(2) The registered owner operates the vehicleexclusively under the authority and direction of anotherperson. If the operation is exclusively under the authorityand direction of another person, that other person may

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assume the responsibilities as the motor carrier. If not soassumed, the registered owner is the motor carrier. Aperson who assumes the motor carrier responsibilities ofanother pursuant to subdivision (b) shall provide to thatother person whose motor carrier responsibility is soassumed, a completed copy of a department formdocumenting that assumption, stating the period forwhich responsibility is assumed, and signed by an agentof the assuming person. A legible copy shall be carried ineach vehicle or combination of vehicles operated on thehighway during the period for which responsibility isassumed. That copy shall be presented upon request byany authorized employee of the department. The originalcompleted departmental form documenting theassumption shall be provided to the department within 30days of the assumption. If the assumption of responsibilityis terminated, the person who had assumed responsibilityshall so notify the department in writing within 30 daysof the termination.

(b) (1) A motor carrier may combine two or moreterminals for purposes of the inspection required bysubdivision (d) subject to all of the following conditions:

(A) The carrier identifies to the department, inwriting, each terminal proposed to be included in thecombination of terminals for purposes of this subdivisionprior to an inspection of the designated terminal pursuantto subdivision (d).

(B) The carrier provides the department, prior to theinspection of the designated terminal pursuant tosubdivision (d) a written listing of all its vehicles of a typesubject to subdivision (a), (b), (e), (f), or (g) of Section34500 which are based at each of the terminals combinedfor purposes of this subdivision. The listing shall specifythe number of vehicles of each type at each terminal.

(C) The carrier provides to the department at thedesignated terminal during the inspection allmaintenance records and driver records and arepresentative sample of vehicles based at each of theterminals included within the combination of terminals.

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(2) If the carrier fails to provide the maintenancerecords, driver records, and representative sample ofvehicles pursuant to subparagraph (C) of paragraph (1),the department shall assign the carrier an unsatisfactoryterminal rating and require a reinspection to beconducted pursuant to subdivision (h).

(3) For purposes of this subdivision, the followingterms have the meanings given following meaning:

(A) ‘‘Driver records’’ includes pull notice systemrecords, driver proficiency records, and drivertimekeeping records.

(B) ‘‘Maintenance records’’ includes all requiredmaintenance, lubrication, and repair records and drivers’daily vehicle condition reports, and declarations ofcompliance required by Section 43703 of the Health andSafety Code.

(C) ‘‘Representative sample’’ means the following,applied separately to the carrier’s fleet of motor trucksand truck tractors and its fleet of trailers:

Fleet Size

Representative

Sample

1 or 2 All3 to 8 39 to 15 416 to 25 626 to 50 951 to 90 14

91 or more 20

(c) Each motor carrier who, in this state, directs theoperation of, or maintains, any vehicle of a type describedin subdivision (a) shall designate one or more terminals,as defined in Section 34515, in this state where vehiclescan be inspected by the department pursuant toparagraph (3) of subdivision (a) of Section 34501 andwhere vehicle inspection and maintenance records anddriver records will be made available for inspection.

(d) (1) The department shall inspect, at least every 25months, every terminal, as defined in Section 34515, of

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any motor carrier who, at any time, operates any vehicledescribed in subdivision (a).

(2) As used in this section and in Sections 34505.5 and34505.6, subdivision (f) of Section 34500 includes onlythose combinations where the gross vehicle weight rating(GVWR) of the towing vehicle exceeds 10,100 pounds,and subdivision (g) of Section 34500 includes only thosevehicles transporting hazardous material for which thedisplay of placards is required pursuant to Section 27903,a license is required pursuant to Section 32000.5, or forwhich hazardous waste hauler registration is requiredpursuant to Section 25163 of the Health and Safety Code.Historical vehicles, as described in Section 5004, vehicleswhich display special identification plates in accordancewith Section 5011, implements of husbandry, as definedin Chapter 1 (commencing with Section 36000) ofDivision 16, and vehicles owned or operated by an agencyof the federal government are not subject to this sectionor to Sections 34505.5 and 34505.6.

(e) (1) It is the responsibility of the motor carrier toschedule with the department the inspection required bysubdivision (d). The motor carrier shall submit anapplication form supplied by the department,accompanied by the required fee. The fee, which isnonrefundable, is four hundred dollars ($400) per foreach terminal, except in the case of an owner-operator,as defined in Section 3557 of the Public Utilities Code, ora nonregulated motor carrier who owns, leases, orotherwise operates not more than one heavy power unitand not more than three towed vehicles described insubdivision (a), (b), (e), (f), or (g) of Section 34500, forwhich the fee shall be one hundred dollars ($100).Federal, state, and local public entities are exempt fromthe fee requirements of this section.

(2) Except as provided in paragraph (4), theinspection term for each inspected terminal of a motorcarrier shall expire 25 months from the date the terminalreceives a satisfactory compliance rating, as specified insubdivision (h). Applications and fees for subsequentinspections shall be submitted not earlier than nine

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months and not later than seven months before theexpiration of the motor carrier’s then current inspectionterm. If the motor carrier has submitted the inspectionapplication and the required accompanying fees, but thedepartment is unable to complete the inspection withinthe 25-month inspection period, then no additional feeshall be required for the inspection requested in theoriginal application.

(3) All fees collected pursuant to this subdivision shallbe deposited in the Motor Vehicle Account in the StateTransportation Fund. An amount equal to the feescollected shall be available for appropriation by theLegislature from the Motor Vehicle Account to thedepartment for the purpose of conducting truck terminalinspections and for the additional roadside safetyinspections required by Section 34514.

(4) To avoid the scheduling of a renewal terminalinspection pursuant to this section during a carrier’sseasonal peak business periods, the current inspectionterm of a terminal that has paid all required fees and hasbeen rated satisfactory in its last inspection may bereduced by not more than nine months if a writtenrequest is submitted by the carrier to the department atleast four months prior to the desired inspection month,or at the time of payment of renewal inspection fees incompliance with paragraph (2), whichever date isearlier. A motor carrier may request this adjustment ofthe inspection term during any inspection cycle. Arequest made pursuant to this paragraph shall not resultin a fee proration and does not relieve the carrier from therequirements of paragraph (2).

(f) It is unlawful for a motor carrier to operate anyvehicle subject to this section without having submittedan inspection application and the required fees to thedepartment as required by subdivision (e) or (h).

(g) On and after July 1, 1992, it It is unlawful for anymotor carrier to operate any vehicle subject to thissection after submitting an inspection application to thedepartment, without the inspection described insubdivision (d) having been performed and a safety

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compliance report having been issued to the motorcarrier within the 25-month inspection period or within60 days immediately preceding the inspection period.

(h) (1) Any inspected terminal that receives anunsatisfactory compliance rating shall be reinspectedwithin 120 days after the issuance of the unsatisfactorycompliance rating.

(2) A terminal’s first required reinspection under thissubdivision shall be without charge unless one or more ofthe following is established:

(A) The motor carrier’s operation presented animminent danger to public safety.

(B) The motor carrier was not in compliance with therequirement to enroll all drivers in the pull noticeprogram pursuant to Section 1808.1.

(C) The motor carrier failed to provide all requiredrecords and vehicles for a consolidated inspectionpursuant to subdivision (b).

(3) If the unsatisfactory rating was assigned for any ofthe reasons set forth in paragraph (2), the carrier shallsubmit the required fee as provided in paragraph (4).

(4) Applications for reinspection pursuant toparagraph (3) or for second and subsequent consecutivereinspections under this subdivision shall beaccompanied by the fee specified in paragraph (1) ofsubdivision (e) and shall be filed within 60 days ofissuance of the unsatisfactory compliance rating. Thereinspection fee is nonrefundable.

(5) When a motor carrier’s Public UtilitiesCommission operating authority is suspended as a resultof an unsatisfactory compliance rating, the departmentshall conduct no reinspection until requested to do so bythe Public Utilities Commission.

(i) It is the intent of the Legislature that thedepartment make its best efforts to inspect terminalswithin the resources provided. In the interest of the state,the Commissioner of the California Highway Patrol mayextend for a period not to exceed six months theinspection terms beginning prior to July 1, 1990.

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(j) To encourage truck terminal operators to attaincontinuous satisfactory compliance ratings, thedepartment may establish and implement an incentiveprogram consisting of the following:

(1) After the second consecutive satisfactorycompliance rating assigned as a result of an inspectionconducted pursuant to subdivision (d), and eachconsecutive satisfactory compliance rating thereafter, anappropriate certificate, denoting the number ofconsecutive satisfactory ratings, shall be awarded to theterminal, unless the terminal has received anunsatisfactory compliance rating as a result of anyinspection conducted in the interim between theconsecutive inspections conducted under subdivision(d).

(2) Unless the department’s evaluation of the motorcarrier’s safety record indicates a declining level ofcompliance, a terminal that has attained two consecutivesatisfactory compliance ratings assigned followinginspections conducted pursuant to subdivision (d) iseligible for an administrative review in lieu of the nextrequired inspection, unless the terminal has received anunsatisfactory compliance rating as a result of anyinspection conducted in the interim between theconsecutive inspections conducted under subdivision(d). An administrative review shall consist of all of thefollowing:

(A) A signed request by a terminal managementrepresentative requesting the administrative review inlieu of the required inspection containing a promise tocontinue to maintain a satisfactory level of compliance forthe next 25-month inspection term.

(B) A review with a terminal managementrepresentative of the carrier’s record as contained in thedepartment’s files.

(C) Absent any cogent reasons to the contrary, uponcompletion of subparagraphs (A) and (B), the safetycompliance rating assigned during the last requiredinspection shall be extended for 25 months.

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(3) Administrative reviews may not be conductedconsecutively. At the completion of the 25-monthinspection term following an administrative review, aterminal inspection shall be conducted pursuant tosubdivision (d). If this inspection results in a satisfactorycompliance rating, the terminal shall again be eligible foran administrative review in lieu of the next requiredinspection. If the succession of satisfactory ratings isinterrupted by a rating of other than satisfactory, theterminal shall again attain two consecutive satisfactoryratings to become eligible for an administrative review.


34505.9. (a) As used in this section, the followingterms have the following meanings:

(1) An ‘‘intermodal chassis’’ is a trailer designed forcarrying intermodal freight containers.

(2) An ‘‘ocean marine terminal’’ is a terminal, asdefined in Section 34515, located at a port facility thatengages in the loading and unloading of the cargo ofocean-going vessels.

(b) An ocean marine terminal that receives anddispatches intermodal chassis may conduct theintermodal roadability inspection program, as describedin this section, in lieu of the inspection required bySection 34505.5, if the terminal meets all of the followingconditions:

(1) More than 1,000 chassis are based at the oceanmarine terminal.

(2) The ocean marine terminal has, following the twomost recent consecutive inspections required by Section34501.12, received satisfactory compliance ratings, andthe terminal has received no unsatisfactory complianceratings as a result of any inspection conducted in theinterim between the consecutive inspections conductedunder Section 34501.12.

(3) Each intermodal chassis exiting the ocean marineterminal shall have a current decal and supportingdocumentation in accordance with Section 396.17 of Title49 of the Code of Federal Regulations.

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(4) The ocean marine terminal’s intermodalroadability inspection program consists of all of thefollowing:

(A) Each time an intermodal chassis is released fromthe ocean marine terminal, the chassis shall be inspected.The inspection shall include, but not be limited to, brakeadjustment, brake system components and leaks,suspension systems, tires and wheels, vehicle connectingdevices, and lights and electrical system.

(B) Each inspection shall be recorded on a dailyroadability inspection report, which shall include, but notbe limited to, all of the following:

(i) Positive identification of the intermodal chassis,including company identification number.

(ii) Date and nature of each inspection.(iii) Signature of the ocean marine terminal operator

or an authorized representative.(C) Records of each inspection conducted pursuant to

subparagraph (A) shall be retained for 90 days at theocean marine terminal at which each chassis is based andshall be made available upon request by any authorizedemployee of the department.

(D) Defects noted on any intermodal chassis shall berepaired, and the repairs shall be recorded on theintermodal chassis maintenance file, before theintermodal chassis is released from the control of theocean marine terminal. No vehicle subject to this sectionshall be operated on the highway other than to a place ofrepair until all defects listed during the inspectionconducted pursuant to subparagraph (A) have beencorrected and attested to by the signature of theoperator’s authorized representative.

(E) Records of maintenance or repairs performedpursuant to the inspection in subparagraph (A) shall bemaintained at the ocean marine terminal for two yearsand shall be made available upon request of thedepartment. Repair records may be retained in acomputer system if printouts of those records areprovided to the department upon request.

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(F) Individuals performing ocean marine terminalroadability inspections pursuant to this section shall, at aminimum, be qualified as set forth in Section 396.19 ofTitle 49 of the Code of Federal Regulations. Evidence ofeach inspector’s qualification shall be retained by theocean marine terminal operator for the period duringwhich the inspector is performing intermodal roadabilityinspections.

(c) Following a terminal inspection in which thedepartment determines an operator of an ocean marineterminal utilizing the intermodal roadability inspectionprogram has failed to comply with the requirements ofthis section, the department shall conduct a reinspectionwithin 120 days as specified in subdivision (h) of Section34501.12. If the terminal fails the reinspection, thedepartment shall direct the operator to comply with therequirements of Section 34505.5 until eligibility to utilizethe inspection program described in this section isreestablished pursuant to subdivision (b). If anyinspection results in an unsatisfactory rating due toconditions presenting an imminent danger to the publicsafety, as described in Section 34505.6 or 34506.7, thedepartment immediately shall direct the operator tocomply with the requirements of Section 34505.5 untileligibility to utilize the inspection program described inthis section is reestablished pursuant to subdivision (b).

(d) This section shall remain in effect only untilJanuary 1, 1998, and as of that date is repealed, unless alater enacted statute, which is enacted before January 1,1998, deletes or extends that date.


amended to read:35550. (a) The gross weight imposed upon the

highway by the wheels on any one axle of a vehicle shallnot exceed 20,000 pounds and the gross weight upon anyone wheel, or wheels, supporting one end of an axle, andresting upon the roadway, shall not exceed 10,500 pounds.

(b) The gross weight limit provided for weightbearing upon any one wheel, or wheels, supporting one

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end of an axle shall not apply to vehicles the loads of whichconsist of livestock.

(c) The maximum wheel load is the lesser of thefollowing:

(1) The load limit established by the tiremanufacturer, as molded on at least one sidewall of thetire.

(2) A load of 620 pounds per lateral inch of tire widthfor all axles, except for the steering axle, in which caseparagraph (1) applies., as determined by themanufacturer’s rated tire width as molded on at least onesidewall of the tire for all axles except the steering axle,in which case paragraph (1) applies.


amended to read:40152. (a) Whenever any vehicle or combination of

vehicles is found to be not registered as required by thiscode, and a notice to appear is issued or a complaint isfiled for that violation, the person to whom the notice toappear is issued or against whom the complaint is filedshall produce in court satisfactory evidence that thevehicle or combination of vehicles has been registered orhas had the appropriate fees paid, or has been reduced tojunk, to conform with the requirements of this code. Thecourt shall not dismiss the offense until that evidence isproduced.

(b) A four-day, nonresident commercial trip permit ofthe type authorized in Section 4004 may not be acceptedas evidence of registration compliance as required insubdivision (a) of this section.


amended to read:40225. (a) An equipment violation entered on the

notice of parking violation attached to the vehicle underSection 40203 shall be processed in accordance with thisarticle. All of the violations entered on the notice ofparking violation shall be noticed in the notice of

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delinquent parking violation delivered pursuant toSection 40206, together with the amount of civil penalty.

(b) Whether or not a vehicle is in violation of anyregulation governing the standing or parking of a vehiclebut is in violation of subdivision (a) of Section 5204, aperson authorized to enforce parking laws andregulations shall issue a written notice of parkingviolation, setting forth the alleged violation. The violationshall be processed pursuant to this section.

(c) The civil penalty for each equipment violation isthe amount established for the violation in the UniformBail and Penalty Schedule, as adopted by the JudicialCouncil, except that upon proof of the correction to theprocessing agency, the penalty shall be reduced to tendollars ($10). The civil penalty for each violation ofSection 5204 is the amount established for the violation inthe Uniform Bail and Penalty Schedule, as adopted by theJudicial Council, except that upon proof of the correctionto the processing agency, the penalty shall be reduced toten dollars ($10).

(d) Fifty percent of any penalty collected pursuant tothis section for registration or equipment violations by aprocessing agency shall be paid to the county forremittance to the State Treasurer and the remaining 50percent shall be retained by the issuing agency andprocessing agency subject to the terms of the contractdescribed in Section 40200.5.

(e) Subdivisions (a) and (b) do not preclude therecording of a violation of subdivision (a) or (b) ofSection 4000 on a notice of parking violation or theadjudication of that violation under the civil process setforth in this article.


amended to read:40254. (a) If a vehicle is found, by automated devices,

by visual observation, or otherwise, to have evaded tollson any toll road or toll bridge, and subdivision (d) ofSection 40250 does not apply, an issuing agency or aprocessing agency, as the case may be, shall, within 21

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days of the violation, forward to the registered owner anotice of toll evasion violation setting forth the violation,including reference to the section violated, theapproximate time thereof, and the location where theviolation occurred. The notice of toll evasion violationshall also set forth the following:

(1) The vehicle license plate number.(2) If practicable, the registration expiration date and

the make of the vehicle.(3) A clear and concise explanation of the procedures

for contesting the violation and appealing an adversedecision pursuant to Sections 40255 and 40256.

(b) Once the authorized person has notified theprocessing agency of a toll evasion violation, theprocessing agency shall prepare and forward the noticeof violation to the registered owner of the vehicle citedfor the violation. Any person, including the authorizedperson and any member of the person’s department oragency, or any peace officer who, with intent toprejudice, damage, or defraud, is found guilty of altering,concealing, modifying, nullifying, or destroying, orcausing to be altered, concealed, modified, nullified, ordestroyed, the face of the original or any copy of a noticethat was retained by the authorized person before it isfiled with the processing agency or with a personauthorized to receive the deposit of the toll evasionviolation is guilty of a misdemeanor.

(c) If, after a copy of the notice of toll evasion violationhas been sent to the registered owner, the issuing persondetermines that, due to a failure of proof of apparentviolation, the notice of toll evasion violation should bedismissed, the issuing agency may recommend, inwriting, that the charges be dismissed. Therecommendation shall cite the reasons for therecommendation and shall be filed with the processingagency.

(d) If the processing agency makes a finding that thereare grounds for dismissal, the notice of toll evasionviolation shall be canceled pursuant to Section 40255.

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(e) Under no circumstances shall a personalrelationship with any law enforcement officer, publicofficial, law enforcement agency, processing agency ortoll operating agency or entity be grounds for dismissal ofthe violation.

SEC. 90.SEC. 86. No reimbursement is required by this act

pursuant to Section 6 of Article XIII B of the CaliforniaConstitution for certain costs that may be incurred by alocal agency or school district because in that regard thisact creates a new crime or infraction, eliminates a crimeor infraction, or changes the penalty for a crime orinfraction, within the meaning of Section 17556 of theGovernment Code, or changes the definition of a crimewithin the meaning of Section 6 of Article XIII B of theCalifornia Constitution.

However, notwithstanding Section 17610 of theGovernment Code, if the Commission on State Mandatesdetermines that this act contains other costs mandated bythe state, reimbursement to local agencies and schooldistricts for those costs shall be made pursuant to Part 7(commencing with Section 17500) of Division 4 of Title2 of the Government Code. If the statewide cost of theclaim for reimbursement does not exceed one milliondollars ($1,000,000), reimbursement shall be made fromthe State Mandates Claims Fund.

Notwithstanding Section 17580 of the GovernmentCode, unless otherwise specified, the provisions of this actshall become operative on the same date that the acttakes effect pursuant to the California Constitution.

SEC. 91.SEC. 87. Section 2.1 of this bill incorporates

amendments to Section 564 of the Code of CivilProcedure proposed by both this bill and Senate Bill 947.It shall become operative if (1) both bills are enacted andbecome effective on or before January 1, 1997, but this billbecomes operative first, (2) each bill amends Section 564of the Code of Civil Procedure, and (3) this bill is enactedafter Senate Bill 947, in which case Section 564 of the Codeof Civil Procedure as amended by Section 2 of this bill,

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shall remain operative only until the operative date ofSenate Bill 947, at which time Section 2.1, of this bill shallbecome operative.

SEC. 88. Section 65 of this bill incorporatesamendments to Section 16056 of the Vehicle Codeproposed by both this bill and Senate Bill 1129. It shallbecome operative if (1) both bills are enacted andbecome effective on or before January 1, 1997, but this billbecomes operative first, (2) each bill amends Section16056 of the Vehicle Code, and (3) this bill is enacted afterSenate Bill 1129, in which case Section 16056 of theVehicle Code as amended by Section 64 of this bill, shallremain operative only until the operative date of SenateBill 1129, at which time Section 65 of this bill shall becomeoperative.

SEC. 89. Section 66.1 of this bill incorporatesamendments to Section 16431 of the Vehicle Codeproposed by both this bill and Senate Bill 1129. It shallbecome operative if (1) both bills are enacted andbecome effective on or before January 1, 1997, but this billbecomes operative first, (2) each bill amends Section16431 of the Vehicle Code, and (3) this bill is enacted afterSenate Bill 1129, in which case Section 16431 of theVehicle Code, as amended by Section 66 of this bill, shallremain operative only until the operative date of SenateBill 1129, at which time Section 66.1 of this bill shallbecome operative.

SEC. 90. (a) Section 69.1 of this bill incorporatesamendments to Section 22651 of the Vehicle Codeproposed by both this bill and Assembly Bill 3157. It shallbecome operative if (1) both bills are enacted andbecome effective on or before January 1, 1997, but this billbecomes operative first, (2) each bill amends Section22651 of the Vehicle Code, (3) Assembly Bill 2288 is notenacted or as enacted does not amend that section, and(4) this bill is enacted after Assembly Bill 3157, in whichcase Section 22651 of the Vehicle Code, as amended bySection 69 of this bill, shall remain operative only until theoperative date of Assembly Bill No. 3157, at which timeSection 69.1 of this bill shall become operative and

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Sections 69.2 and 69.3 of this bill shall not becomeoperative.

(b) Section 69.2 of this bill incorporates amendmentsto Section 22651 of the Vehicle Code proposed by boththis bill and Assembly Bill 2288. It shall only becomeoperative if (1) both bills are enacted and becomeeffective on or before January 1, 1997, but this billbecomes operative first, (2) each bill amends Section22651 of the Vehicle Code, (3) Assembly Bill 3157 is notenacted or as enacted does not amend that section, and(4) this bill is enacted after Assembly Bill 2288, in whichcase Sections 22651 of the Vehicle Code, as amended bySection 69 of this bill, shall remain operative only until theoperative date of Assembly Bill 2288, at which timeSection 69.2 of this bill shall become operative, andSections 69.1, and 69.3 of this bill shall not becomeoperative.

(c) Section 69.3 of this bill incorporates amendmentsto Section 22651 of the Vehicle Code proposed by this bill,Assembly Bill 3157, and Assembly Bill 2288. It shall onlybecome operative if (1) all three bills are enacted andbecome effective on or before January 1, 1997, but this billbecomes operative first, (2) all three bills amend Section22651 of the Vehicle Code, and (3) this bill is enacted afterAssembly Bill 3157, and Assembly Bill 2288, in which caseSection 22651 of the Vehicle Code, as amended by Section69 of this bill, shall remain operative only until theoperative date of Assembly Bills 2288 and 3157, at whichtime Section 69.3 of this bill shall become operative andSections 69.1 and 69.2 of this bill shall not becomeoperative.

SEC. 91. Section 80.1 of this bill incorporatesamendments to Section 34501.12 of the Vehicle Codeproposed by both this bill and Assembly Bill 1675. It shallbecome operative if, (1) both bills are enacted andbecome effective on or before January 1, 1997, but this billbecomes operative first, (2) each bill amends Section34501.12 of the Vehicle Code, and, (3) this bill is enactedafter Assembly Bill 1675, in which case Section 34501.12 ofthe Vehicle Code as amended by Section 80 of this bill,

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shall remain operative only until the operative date ofAssembly Bill 1675, at which time Section 80.1 of this billshall become operative.

SEC. 92. This act is an urgency statute necessary forthe immediate preservation of the public peace, health,or safety within the meaning of Article IV of theConstitution and shall go into immediate effect. The factsconstituting the necessity are:

In order to put into effect as quickly as possible certainstatutory changes that need to become effective for theorderly administration of transportation and vehicle lawsas quickly as possible, it is necessary that this act takeeffect immediately.

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Documents

ASSEMBLY BILL No. 3020 · household goods carriers of the law or the orders, decisions, rules, directions, or requirements of the commission. ... controlled substances, instruments,