Vehicles: motor carriers: inspections and fees.

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