Bill Text: CA AB3151 | 2023-2024 | Regular Session | Amended
Bill Title: Intermodal roadability inspection program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-04-22 - In committee: Hearing for testimony only. [AB3151 Detail]
Download: California-2023-AB3151-Amended.html
|
Amended
IN
Assembly
March 18, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 3151
| Introduced by Assembly Member Gipson |
February 16, 2024 |
An act to amend Section 22974.5 of the Business and Professions Code, relating to tobacco products. Sections 34505.9 and 40000.21 of the Vehicle Code, relating to intermodal chassis.
LEGISLATIVE COUNSEL'S DIGEST
AB 3151, as amended, Gipson.
Tobacco products: retail license: penalty. Intermodal roadability inspection program.
Existing law authorizes an ocean marine terminal that receives and dispatches intermodal chassis, as defined, to conduct an intermodal roadability inspection program in lieu of other provisions that require every operator of certain types of vehicles to cause the vehicle to be inspected at least every 90 days, or more often to ensure safe operation. Existing law establishes criteria for an ocean marine terminal to meet in order to be eligible to conduct the inspection program, including, among others, that more than 1,000 chassis are based at the ocean marine terminal, and that the terminal, following the 2 most recent terminal inspections, has received satisfactory compliance ratings, as specified. Existing law specifies what is required to be inspected on the chassis, including, among other things, the
brake system components, suspension systems, and vehicle connecting devices. Existing law requires the signature, under penalty of perjury, of the ocean marine terminal operator or an authorized representative that the inspection has been performed. Existing law requires records of inspections of those intermodal chassis be kept at the relevant ocean marine terminal for 90 days.
Existing law establishes a terminal inspection program administered by the Department of the California Highway Patrol (department). Existing law, following a terminal inspection in which the department determines that an operator of an ocean marine terminal has failed to comply with the requirements of the intermodal roadability inspection program, requires the department to conduct a reinspection within 120 days, as specified, and if the terminal fails the reinspection, to comply
with the requirements of the department’s terminal inspection program until eligibility to utilize the intermodal eligibility inspection program is reestablished, as specified.
This bill would expand the above provisions to apply to a “port terminal,” defined by the bill to mean an ocean marine terminal or other terminal within a port master plan area. The bill would require, instead of authorize, a port terminal to conduct the intermodal roadability inspection program in lieu of the other provisions referred to above, and would delete the conditions relating to the number of chassis based at the ocean marine terminal and the receipt of prior satisfactory compliance ratings. The bill would include container connecting devices, mud flaps, and frame damage to the areas covered by the inspection. The bill would require the inspection to include verification that
other specified inspections are current. The bill would require defects noted on an intermodal chassis to be repaired within 10 days after the inspection, and before the intermodal chassis is released from the terminal, the violation of which would be a misdemeanor. The bill would extend the period a port terminal is required to retain inspection records to 6 months. The bill would require the department, if a port terminal fails reinspection, to direct the port terminal operator to conduct additional terminal inspections at 30-day intervals, until the port terminal is in full compliance with intermodal roadability inspection program requirements, as prescribed.
Existing law prohibits an ocean marine terminal provider from threatening, coercing, or otherwise retaliating against a commercial driver for contacting a law enforcement agency with regard to the
physical condition of an intermodal chassis or for requesting that the intermodal chassis be reinspected or repaired.
This bill would expand that prohibition to apply to threats, coercion, and other retaliation made by a port terminal operator, independent equipment provider, trucking company, or any other respondeat superior.
Existing law generally provides that a violation of the Vehicle Code is a criminal offense.
By creating new crimes, and by expanding the crime of perjury, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for
making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Under existing law, the Cigarette and Tobacco Products Licensing Act of 2003, the California Department of Tax and Fee Administration administers the statewide program to license manufacturers, importers, distributors, wholesalers, and retailers of cigarettes and tobacco products. Existing law requires a retailer to have a license to engage in the sale of cigarettes or tobacco products and to conspicuously display the license at each retail location in a manner visible to the public. Existing law makes any retailer who fails to display a license as required liable for a penalty of $500.
This bill would increase that penalty to $600.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 34505.9 of the Vehicle Code is amended to read:34505.9.
(a)(1)More than 1,000 chassis are based at the ocean marine terminal.
(2)The ocean marine terminal, following the two most recent consecutive inspections required by Section 34501.12, has received satisfactory compliance ratings, and the terminal has received no unsatisfactory compliance ratings as a result of any inspection conducted in the interim between the consecutive inspections conducted under Section 34501.12.
(3)
(1) Each intermodal chassis exiting the ocean marine a port terminal shall have a current decal and supporting documentation in accordance with Section 396.17 of Title 49 of the Code of Federal Regulations.
(4)
(2) The ocean marine port terminal’s intermodal roadability inspection program shall consist of all of the following:
(A) Each time an intermodal chassis chassis, whether leased on a short-term or long-term basis, owned, or otherwise rented, is released from the ocean marine
a port terminal, the chassis shall be inspected. The inspection shall include, but not be limited to, brake adjustment, brake system components and leaks, steering and suspension systems, tires and wheels, vehicle connecting devices, container connecting devices, mud flaps, frame damage, and lights and electrical system,
systems, and shall include a visual inspection of the chassis to determine that it has not been tampered with. The inspection shall also include a verification that the state 90-day Basic Inspection of Terminals (BIT) inspection and the Federal Motor Carrier Safety Administration (FMCSA) annual inspection are both current.
(B) Each inspection shall be recorded on a daily roadability inspection report that shall include, but not be limited to, all of the following:
(i) Positive identification of the intermodal chassis, including company identification number and vehicle license plate number.
(ii) Date and nature of each inspection.
(iii) Signature, under penalty of perjury, of the ocean marine port terminal operator or an authorized representative that the inspection has been performed.
(iv) The inspector shall affix a green tag to a chassis that has passed inspection and a red tag to a chassis that has failed inspection. The tag shall contain the name of the inspector and the date and time that the inspection was completed and shall be placed in a conspicuous location so that it may be viewed from the rear of the vehicle. The tag shall be provided by the marine
port terminal operator and shall meet specifications determined by the Department of the California Highway Patrol. The provisions of this subparagraph shall also be applicable to an intermodal chassis inspected by a marine port terminal operator pursuant to Section 34505.5.
(C) Records of each inspection conducted pursuant to subparagraph (A) shall be retained for 90 days six months at the ocean marine
port terminal at which each chassis is based released and shall be made available upon request by any authorized employee of the department.
(D) Defects noted on any intermodal chassis shall be repaired,
repaired within 10 days after the inspection and before the intermodal chassis is released from the terminal, and the repairs shall be recorded on the intermodal chassis maintenance file, before the intermodal chassis is released from the control of the ocean marine terminal. No port terminal. A vehicle subject to this section shall not be released to a motor carrier or operated on the highway other than to a place of repair until all defects listed during the inspection conducted pursuant to subparagraph (A) have been corrected and attested to by the signature of the operator’s authorized
representative.
(E) Records of maintenance or repairs performed pursuant to the inspection in subparagraph (A) shall be maintained at the ocean marine port terminal for two years and shall be made available upon request of the department. Repair records may be retained in a computer system if printouts of those records are provided to the department upon request.
(F) Individuals performing ocean marine port terminal roadability inspections pursuant to this section shall be qualified, at a minimum, as set
forth in Section 396.19 of Title 49 of the Code of Federal Regulations. Evidence of each inspector’s qualification shall be retained by the ocean marine port terminal operator for the period during which the inspector is performing intermodal roadability inspections.
(b) The records maintained pursuant to paragraphs (C) and (E)
subparagraphs (C) and (E) of paragraph (2) of subdivision (a) and Section 34505.5 shall be made available during normal business hours to any motor carrier or driver or the authorized representative thereof who has been engaged to transport an intermodal container on a chassis inspected pursuant to this section or Section 34505.5 from the ocean marine port terminal.
(c) Any citation issued for the violation of any state or federal law related to the defective condition of an intermodal chassis subject to inspection pursuant to this section or Section 34505.5, that is not owned by that motor carrier or commercial driver, shall be issued to the entity responsible for the inspection and maintenance of the intermodal
chassis, unless the officer determines that the defective condition of the intermodal chassis was caused by the failure of the driver to operate a commercial motor vehicle in a safe manner.
(d) Any provision contained in a contract between the registered owner or lessee of an intermodal chassis subject to inspection pursuant to this section, or any other entity responsible for the inspection and maintenance of the intermodal chassis, and any motor carrier or any contract between a motor carrier and another motor carrier engaged to transport an intermodal container on a chassis subject to inspection pursuant to this section that contains a hold harmless or indemnity clause concerning defects in the physical condition of that chassis shall be void as against public policy. This subdivision shall not apply to damage to the intermodal chassis caused by the negligent or willful failure of the motor carrier to operate a commercial motor vehicle in a
safe manner.
(e) Following a terminal inspection in which the department determines that an operator of an ocean marine a port terminal has failed to comply with the requirements of this section, the department shall conduct a reinspection within 120 days as specified in subdivision (h) of Section 34501.12. If the terminal fails the reinspection, the department shall direct the operator to comply with the requirements of Section 34505.5 until eligibility to utilize the inspection program described in this section is reestablished pursuant to subdivision (a). If any inspection operator, in
addition to conducting the inspection program described by this section, to conduct the inspection required pursuant Section 34505.5 at 30-day intervals until the department has determined that the port terminal is in full compliance with the inspection requirements required by this section. If the reinspection results in an unsatisfactory rating due to conditions presenting an imminent danger to the public safety or due to the operator’s repeated failure to inspect and repair intermodal chassis pursuant to this section, the department shall immediately forward a recommendation to the Department of Motor Vehicles to suspend the operator’s motor carrier property permit, and forward a recommendation to the Federal Motor Carrier Safety Administration for administrative or other action deemed necessary against the carrier’s interstate operating authority, pursuant to Section 34505.6 or 34505.7.
(f) Any A
driver who believes that an intermodal chassis is in an unsafe operating condition may request that the chassis be reinspected by the entity responsible for the inspection and maintenance of the chassis pursuant to this section or Section 34505.5. The request for reinspection, any corrective action taken, or the reason why corrective action was not taken shall be recorded in the intermodal chassis maintenance file.
(g) No A commercial driver shall
not be threatened, coerced, or otherwise retaliated against by any ocean marine terminal operator a port terminal operator, independent equipment provider, trucking company, or any other respondeat superior, for contacting a law enforcement agency with regard to the physical condition of an intermodal chassis or for requesting that the intermodal chassis be reinspected or repaired.
(h) For the purposes of this section, the following definitions shall apply:
(1) “Intermodal chassis” means a trailer designed to carry intermodal freight containers.
(2) “Ocean marine terminal” means a terminal, as defined in Section 34515, located at a port facility that engages in the loading and unloading of the cargo of oceangoing vessels.
(i) Nothing in this section shall This section does not relieve a commercial driver or commercial motor carrier of any duty imposed by state or federal law related to the safe operation of a commercial motor vehicle.
(j) Nothing in this section shall This section does not affect
the rights, duties, and obligations set forth in Section 2802 of the Labor Code.
SEC. 2.
Section 40000.21 of the Vehicle Code is amended to read:40000.21.
A violation of any of the following provisions is a misdemeanor, and not an infraction:(a) Subdivision (a) of Section 34506, relating to the hours of service of drivers.
(b) Subdivision (b) of Section 34506, relating to the transportation of hazardous materials.
(c) Subdivision (c) of Section 34506, relating to schoolbuses.
(d) Subdivision (d) of Section 34506, relating to youth buses.
(e) Section 34505 or subdivision (e) of Section 34506, relating to tour buses.
(f) Section 34505.5 or subdivision (f) of Section 34506, relating to vehicles described in subdivisions (a) to (g), inclusive, of Section 34500.
(g) Subdivision (a) of Section 34501.3, relating to unlawful scheduling of runs by motor carriers.
(h) Subdivision (g) of Section 34506, relating to school pupil activity buses.
(i) Subparagraph (D) of paragraph (4) (2) of subdivision (a) of Section 34505.9, relating to intermodal chassis.
SEC. 3.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.Any retailer who fails to display a license as required in Section 22972 shall, in addition to any other applicable penalty, be liable for a penalty of six hundred dollars ($600).
