CA AB 1409

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Description

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, landing legs, 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 before a motor carrier, driver, or authorized representative transports an intermodal container on an intermodal chassis, as specified, the violation of which would be an infraction. 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.