31400. Trucks used primarily or regularly for the transportation of
workmen shall be:
(a) Equipped with seats securely fastened to the vehicle.
(b) Equipped, if a motortruck, with a railing or other suitable
enclosure on the sides and end of the vehicle not less than 46 inches
above the floor of the vehicle.
(c) Equipped with steps, stirrups, or other equivalent devices so
placed and arranged that the vehicle may be safely mounted and
dismounted.
31401. (a) The department shall adopt regulations designed to
promote the safe operation of farm labor vehicles described in
Section 322, including, but not limited to, vehicular design,
equipment, passenger safety, and seating.
(b) The department shall inspect every farm labor vehicle
described in Section 322 at least once annually to ascertain whether
its construction, design, and equipment comply with all provisions of
law. No person shall drive any farm labor vehicle described in
Section 322 unless there is displayed therein a certificate issued by
the department stating that on a stated day, which shall be within
13 months of the date of operation, an authorized employee of the
department inspected the vehicle and found on the date of inspection
the vehicle complied with applicable regulations relating to
construction, design, and equipment. The commissioner shall provide
by rule or regulation for the issuance and display of distinctive
inspection certificates.
(c) The department may inspect any vehicle subject to these
regulations in maintenance facilities, terminals, labor camps, or
other private property of the vehicle owner or the farm labor
contractor to insure compliance with the provisions of this code and
regulations adopted pursuant to this section.
(d) The owner of any farm labor vehicle or any farm labor
contractor, as defined in Section 1682 of the Labor Code, who rents a
farm labor vehicle or who otherwise uses a farm labor vehicle to
transport individuals is responsible for the inspection required
under subdivision (b).
(e) An owner of any farm labor vehicle or any farm labor
contractor who operates a farm labor vehicle under the circumstances
described in subdivision (d) may not operate that vehicle unless the
vehicle has a current certificate described in subdivision (b).
(f) It is unlawful to violate any provision of these regulations
or this section.
31401.5. (a) The department shall develop, by regulation,
specifications for a display sticker that shall be clearly displayed
on every farm labor vehicle. This display sticker shall list the
inspection certification date pursuant to this section and the "800"
telephone reporting system required by Section 2429.
(b) The regulations of the department shall require every owner or
operator of a farm labor vehicle to request the scheduling of the
inspection required under subdivision (b) of Section 31401 as
follows:
(1) The owner or operator of a farm labor vehicle that has a
current inspection certificate pursuant to Section 31401 shall make
the request for inspection not later than four weeks prior to the
expiration date of the certificate.
(2) The owner or operator of a farm labor vehicle required to have
its initial inspection shall make the request for inspection not
later than three business days prior to the requested date.
(c) In no event shall the owner or operator of a farm labor
vehicle allow the operation of a farm labor vehicle without the
proper certification requirements specified under Section 31401.
31402. (a) No person may operate any farm labor vehicle except as
may be necessary to return the unladen vehicle or combination of
vehicles to the residence or place of business of the owner or
driver, or to a garage, after notice by the department to the owner
that the vehicle is in an unsafe condition or is not equipped as
required by this code, or any regulations adopted thereunder, until
the vehicle and its equipment have been made to conform with the
requirements of this code, or any regulations adopted thereunder, and
approved by the department.
(b) (1) A person who operates a farm labor vehicle in violation of
this section while the vehicle is in a condition that presents an
immediate safety hazard is guilty of a misdemeanor punishable by a
fine of not less than one thousand dollars ($1,000) and not more than
five thousand dollars ($5,000), or both that fine and a sentence of
confinement for not more than six months in the county jail. No part
of any fine imposed under this subdivision may be suspended.
(2) As used in this subdivision, an "immediate safety hazard" is
any equipment violation described in subdivision (a) of Section 31401
or Section 31405, including any violation of a regulation adopted
pursuant to that provision or those provisions.
(c) Any member of the Department of the California Highway Patrol
may impound a farm labor vehicle operated in violation of this
section pursuant to Section 34506.4. A farm labor vehicle shall not
be impounded unless a member of that department determines that a
person has failed to comply with subdivision (a) or a person fails to
comply with a lawful out-of-service order, as described in
subdivision (b) of Section 2800.
31403. A farm labor vehicle known to an owner, farm labor
contractor, or driver, to be unsafe, or not equipped as required by
this code, or any regulations adopted thereunder, shall not be used
for transporting any passengers until it is examined and repaired or
equipped as required by this code, or any regulations adopted
thereunder, and certified by a competent mechanic to be safe and
lawfully equipped.
31404. Any person who operates, or any owner or farm labor
contractor who knowingly allows the operation of, a farm labor
vehicle in violation of subdivision (b) or (d) of Section 31401 or
Section 31402 or 31403 is guilty of a misdemeanor. When a person
has been convicted of willfully violating those provisions, the
person shall, in addition, be fined not less than one thousand
dollars ($1,000) for each violation, and no part of the fine may be
suspended. If passengers are in the vehicle at the time of the
violation, the person shall, in addition, be fined five hundred
dollars ($500) for each passenger, not to exceed a total of five
thousand dollars ($5,000) for each violation, and no part of this
fine may be suspended. As used in this section, the terms "knowingly"
and "willfully" have the same meaning as prescribed in Section 7 of
the Penal Code.
31405. (a) Except as authorized under paragraph (1) of subdivision
(e), every farm labor vehicle issued an inspection certificate under
Section 31401 shall be equipped at each passenger position with a
Type 1 or Type 2 seatbelt assembly, conforming to the specifications
set forth in Section 571.209 of Title 49 of the Code of Federal
Regulations, that is anchored to the vehicle in a manner that
conforms to the specifications of Section 571.210 of Title 49 of the
Code of Federal Regulations.
(b) Except as authorized under paragraph (1) of subdivision (e),
the department may not issue an initial inspection certificate under
Section 31401 to any farm labor vehicle that is not equipped with a
seatbelt assembly at each passenger position, as described in
subdivision (a).
(c) The owner of a farm labor vehicle shall maintain all seatbelt
assemblies and seatbelt assembly anchorages required under this
section in good working order for the use of passengers.
(d) Except as authorized under paragraph (1) of subdivision (e) or
subdivision (d) of Section 23116, no person may operate a farm labor
vehicle on a highway unless that person and all passengers are
properly restrained by a seatbelt assembly that conforms to this
section.
(e) (1) Until January 1, 2007, this section does not apply to a
farm labor vehicle that meets the definition in subdivision (a) of
Section 233, meets all state and federal standards for safety and
construction, and is not currently required to have seatbelts.
(2) On or after January 1, 2007, any farm labor vehicle that meets
the conditions set forth in paragraph (1) shall be equipped at each
passenger position with a seatbelt assembly as described in
subdivision (a), unless exempted from this requirement under the
regulations promulgated under Section 31401.
(f) The department shall adopt regulations to implement this
section.
31406. (a) No person may be transported in a farm labor vehicle
that does not have all passenger seating positions in compliance with
Section 571.207 of Title 49 of the Code of Federal Regulations, as
that provision exists now or may hereafter be amended.
(b) No person may install a seat or seating system in a farm labor
vehicle unless that seat or seating system is in compliance with
Section 571.207 of Title 49 of the Code of Federal Regulations, as
that provision exists now or may hereafter be amended.
(c) This section shall become operative on March 31, 2002.
31407. All cutting tools or tools with sharp edges carried in the
passenger compartment of a farm labor vehicle shall be placed in
securely latched containers that are firmly attached to the vehicle.
All other tools, equipment, or materials carried in the passenger
compartment shall be secured to the body of the vehicle to prevent
their movement while the vehicle is in motion. Under no
circumstances shall those tools, equipment, or materials obstruct an
aisle or an emergency exit.
31408. No person may operate a farm labor vehicle on a highway
unless both headlamps required under Section 24400 are lighted,
regardless of the time of day.
31409. Notwithstanding paragraph (2) of subdivision (c) of Section
322, any vehicle owned or operated by or for a public transit system
that is purchased with funds appropriated pursuant to Item
2660-103-0046 of Section 2.00 of the Budget Act of 2000 (Chapter 52
of the Statutes of 2000) or pursuant to Section 5309 of Title 49 of
the United States Code and is used to transport farmworkers for any
farmworker transportation program shall comply with the farm labor
vehicle provisions contained in, and the regulations promulgated
under, this chapter, relating to the following:
(a) (1) Annual farm labor vehicle inspection and certification.
(2) Following initial certification, the inspection and
certification of buses designed, used, or maintained for carrying
more than 15 persons, including the driver, shall be conducted during
the inspection required by subdivision (c) of Section 34501.
(b) Seatbelt installation.
(c) Illumination of headlamps.
(d) Storage and securing of tools in passenger compartments.
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