9400. Except as provided in Section 9400.1, and in addition to any
other registration fee, there shall be paid the fees set forth in
this section for the registration of any commercial motor vehicle
that operates with unladen weight. Weight fees for pickup trucks are
calculated under this section. Whenever a camper is temporarily
attached to a motor vehicle designed to transport property, the motor
vehicle shall be subject to the fees imposed by this section. The
camper shall be deemed to be a load, and fees imposed by this section
upon the motor vehicle shall be based upon the unladen weight of the
motor vehicle, exclusive of the camper.
(a) For any electric vehicle designed, used, or maintained as
described in this section, fees shall be paid according to the
following schedule:
Unladen Weight Fee
Less than 6,000 lbs. .............................. $ 87
6,000 lbs. or more but less than 10,000 lbs. ...... 266
10,000 lbs. or more ................................ 358
(b) For any motor vehicle having not more than two axles and
designed, used, or maintained as described in this section, other
than an electric vehicle, fees shall be paid according to the
following schedule:
Unladen Weight Fee
Less than 3,000 lbs. ............................. $ 8
3,000 lbs. to and including 4,000 lbs. .......... 24
4,001 lbs. to and including 5,000 lbs. .......... 80
5,001 lbs. to and including 6,000 lbs. .......... 154
6,001 lbs. to and including 7,000 lbs. .......... 204
7,001 lbs. to and including 8,000 lbs. .......... 257
8,001 lbs. to and including 9,000 lbs. .......... 308
9,001 lbs. to and including 10,000 lbs. .......... 360
(c) For any motor vehicle having three or more axles designed,
used, or maintained as described in this section, other than an
electric vehicle, fees shall be paid according to the following
schedule:
Unladen Weight Fee
2,000 lbs. to and including 3,000 lbs. ........ $ 43
3,001 lbs. to and including 4,000 lbs. ........ 77
4,001 lbs. to and including 5,000 lbs. ........ 154
5,001 lbs. to and including 6,000 lbs. ........ 231
6,001 lbs. to and including 7,000 lbs. ........ 308
7,001 lbs. to and including 8,000 lbs. ........ 385
8,001 lbs. to and including 9,000 lbs. ........ 462
9,001 lbs. to and including 10,000 lbs. ........ 539
(d) This section is not applicable to any vehicle that is operated
or moved over the highway exclusively for the purpose of historical
exhibition or other similar noncommercial purpose.
(e) The fee changes effected by this section apply to (1) initial
or original registration on or after January 1, 1995, and prior to
December 31, 2001, of any commercial vehicle never before registered
in this state and (2) to renewal of registration of any commercial
vehicle whose registration expires on or after January 1, 1995, and
prior to December 31, 2001.
(f) Commercial vehicles, other than those specified in Section
9400.1, with an initial registration or renewal of registration that
is due on or after December 31, 2001, are subject to the payment of
fees specified in this section.
9400.1. (a) (1) In addition to any other registration fee, there
shall be paid the fees set forth in this section for the registration
of commercial motor vehicles operated either singly or in
combination with a declared gross vehicle weight of 10,001 pounds or
more. Pickup truck and electric vehicle weight fees are not
calculated under this section.
(2) The weight of a vehicle issued an identification plate
pursuant to an application under Section 5014, and the weight of an
implement of husbandry as defined in Section 36000, shall not be
considered when calculating, pursuant to this section, the declared
gross vehicle weight of a towing commercial motor vehicle that is
owned and operated exclusively by a farmer or an employee of a farmer
in the conduct of agricultural operations.
(3) Tow trucks that are utilized to render assistance to the
motoring public or to tow or carry impounded vehicles shall pay fees
in accordance with this section, except that the fee calculation
shall be based only on the gross vehicle weight rating of the towing
or carrying vehicle. Upon each initial or transfer application for
registration of a tow truck described in this paragraph, the
registered owner or lessee or that owner's or lessee's designee,
shall certify to the department the gross vehicle weight rating of
the tow truck.
Gross Vehicle Weight Range Fee
10,001-15,000 ................................ $ 257
15,001-20,000 ................................ 353
20,001-26,000 ................................ 435
26,001-30,000 ................................ 552
30,001-35,000 ................................ 648
35,001-40,000 ................................ 761
40,001-45,000 ................................ 837
45,001-50,000 ................................ 948
50,001-54,999 ................................ 1,039
55,000-60,000 ................................ 1,173
60,001-65,000 ................................ 1,282
65,001-70,000 ................................ 1,398
70,001-75,000 ................................ 1,650
75,001-80,000 ................................ 1,700
(b) The fee changes effected by this section apply to (1) initial
or original registration on and after December 31, 2001, of any
commercial motor vehicle operated either singly or in combination
with a declared gross vehicle weight of 10,001 pounds or more and (2)
to renewal of registration of any commercial motor vehicle operated
either singly or in combination, with a declared gross vehicle weight
of 10,001 pounds or more for which registration expires on or after
December 31, 2001.
(c) (1) In addition to the fees set forth in subdivision (a), a
Cargo Theft Interdiction Program Fee of three dollars ($3) shall be
paid at the time of initial or original registration or renewal of
registration of each motor vehicle subject to weight fees under this
section.
(2) This subdivision does not apply to vehicles used or maintained
for the transportation of persons for hire, compensation or profit,
pickup trucks, and tow trucks.
(3) For vehicles registered under Article 4 (commencing with
Section 8050) of Chapter 4, the fee imposed under this subdivision
shall be apportioned as required for registration fees under that
article.
(4) Funds collected pursuant to the Cargo Theft Interdiction
Program shall not be proportionately reduced for each month and shall
be transferred to the Motor Carriers Safety Improvement Fund.
(d) Notwithstanding Section 42270 or any other provision of law,
of the moneys collected by the department under this section,
eighty-two dollars ($82) for each initial, original, and renewal
registration shall be reported monthly to the Controller, and at the
same time, deposited in the State Treasury to the credit of the Motor
Vehicle Account in the State Transportation Fund. All other moneys
collected by the department under this section shall be deposited to
the credit of the State Highway Account in the State Transportation
Fund. Eighty-two dollars ($82) of the fee imposed under this section
shall not be proportionately reduced for each month. For vehicles
registered under Article 4 (commencing with Section 8050) of Chapter
4, the fee shall be apportioned as required for registration under
that article.
9400.3. (a) In order to ensure that Chapter 973 of the Statutes of
2000 is implemented as originally intended by the Legislature, the
department may not asses the Cargo Theft Interdiction Program fee
upon any commercial motor vehicle that has a declared gross vehicle
weight of less than 10,001 pounds.
(b) The department shall issue refunds of, or credits for, any
Cargo Theft Interdiction Program fee that is assessed upon a vehicle
that does not meet the minimum weights described in Section 9400.1 or
is a pickup truck or an electric vehicle.
9400.7. (a) Notwithstanding any other provision of law, except for
restrictions in existence on June 1, 1989, and except as provided in
subdivision (d), so long as any increases in the weight fees required
by Section 9400, as enacted by Assembly Bill 471 of the 1989-90
Regular Session, remain in effect, no local agency located within an
urbanized area within a county which is required to prepare a
congestion management plan pursuant to Section 65089 of the
Government Code may restrict the hours of operation on any street or
highway which is otherwise open to truck use unless the local agency
determines that the restriction is consistent with the adopted
congestion management plan and is coordinated with adjacent local
agencies so as to not unreasonably interfere with truck operations.
(b) If an inconsistency in access occurs between cities and
counties, the inconsistent access provisions of the congestion
management plan may be appealed to the California Transportation
Commission. The commission shall review the inconsistent access plan
and make a finding within 90 days of the appeal being filed. If the
commission fails to make a finding within 90 days, the Director of
Transportation shall review the issue and make a finding within 30
days.
(c) The access provisions of the congestion management plan shall
not go into effect while an appeal is being made. If the commission
makes a finding of inconsistency, the access provisions of the
congestion management plan shall not become operative.
(d) (1) This section does not apply to Los Angeles County if the
City of Los Angeles establishes restrictions on the hours of
operation on any street or highway which is otherwise open to truck
use.
(2) If the City of Los Angeles establishes restrictions under
paragraph (1) and any other city in the County of Los Angeles
establishes restrictions on the hours of operation on any street or
highway which is otherwise open to truck use, the restrictions in
that other city shall conform to the restrictions imposed by the City
of Los Angeles, except that the other city may appeal noncomforming
restrictions to the commission pursuant to subdivision (b) for a
determination as to whether a variance from this paragraph should be
granted.
(3) The Legislature finds and declares that, because of unique and
special traffic congestion problems in the County of Los Angeles and
in the City of Los Angeles, the general provisions of this section
cannot be made applicable to that county.
9400.8. Notwithstanding any other provision of law, if the voters
approve Senate Constitutional Amendment 1 of the 1989-90 Regular
Session, no local agency may impose a tax, permit fee, or other
charge for the privilege of using its streets or highways, other than
a permit fee for extra legal loads, after December 31, 1990, unless
the local agency had imposed the fee prior to June 1, 1989.
9401. (a) Motor vehicles manufactured in or prior to 1936, are
exempted from the payment of the weight fees provided for in Section
9400.
(b) Notwithstanding subdivision (a), any person who owns and
operates a commercial vehicle manufactured in or prior to 1936 which
is registered to such person, may pay the appropriate weight fees,
and the department shall issue license plates of the same type as are
issued to vehicles which are required to pay weight fees for such
vehicles.
9404. (a) Station wagons, except those used in the transportation
of passengers for hire, are exempted from the payment of weight fees
provided for in Section 9400.
Any provision of this code notwithstanding, any person (1) who is
bona fide engaged in a business and who owns and operates a station
wagon which is registered in the name of such business, or (2) who is
bona fide engaged in a business as an employee and who is required
by such employment to own and operate a station wagon, which is
registered to such person, may pay the appropriate weight fees, and
the department shall issue license plates of the same type as are
issued to vehicles which are required to pay weight fees.
(b) For purposes of this section, "engaged in a business" means
engaged in a bona fide trade, business,, commerce, or in a profession
in which the measurement of land, construction quantities, or the
dimension of structures, is a function authorized to be performed by
the license issued for such profession, but does not include being
engaged in any other type of profession.
9405. Agricultural water-well boring rigs are exempt from the fees
provided in Section 9400.
9406. Alterations or additions to registered vehicles for which
fees have been paid under Section 9400 or 9400.1 placing the vehicles
in weight fee classifications under Section 9400 or 9400.1 greater
than the weight fees previously paid shall be reported to the
department and at the same time the difference between the weight fee
previously paid, reduced as provided in Section 9407, and the
greater weight fee, reduced as provided in Section 9407, shall be
paid to the department upon the operation of the vehicles in the
greater weight fee classification under Section 9400 or 9400.1.
9406.1. Prior to operation of a vehicle at a declared gross vehicle
weight greater than reported to, and registered by, the department,
the owner shall make application to the department and pay all
appropriate fees.
9407. The fee required under Section 9400 and 9400.1 shall be
reduced proportionately for each month which has elapsed since the
expiration of the last issued registration certificate if either of
the following applies:
(a) Application for registration is made after the first month of
any registration year and a certification was filed pursuant to
subdivision (a) of Section 4604.
(b) Application for registration of a vehicle registered on a
partial year basis is made after the first month following expiration
and a certification was filed pursuant to subdivision (b) of Section
9706.
9408. (a) Whenever any registered commercial vehicle, including,
but not limited to, any commercial vehicle operating in California
with apportioned registration, for which fees have been paid under
Section 9400 or 9400.1 is withdrawn from service in this state before
the expiration of the registration, the owner may surrender the
registration card and license plates previously issued for the
vehicle to the department and, within 90 days of the time of
withdrawal, make application for the registration of another
commercial vehicle which is subject to the fees specified in Section
9400 or 9400.1. If the vehicle that is withdrawn from service is
operating in this state under Article 4 (commencing with Section 8050
of Chapter 4, credit for any unused fees paid under Section 9400 or
9400.1 may be applied only to a commercial vehicle concurrently added
to the same apportioned fleet.
(b) Under the circumstances described in subdivision (a), and upon
a proper showing of the facts, the department upon determining the
fees payable under this division shall allow as credit thereon the
unexpired portion, as of the month of the application, of the fee
paid under Section 9400 or 9400.1 for the previous registration, but,
in addition to fees otherwise payable under this division less any
credit, shall charge and collect an additional fee of two dollars
($2) for issuance of the new registration.
9409. Any forklift truck which is designed primarily for loading
and unloading and for stacking materials and is operated or drawn
along a highway unladen is exempt from the provisions of Section
9400.
9410. (a) One commercial vehicle weighing less than 8,001 pounds
unladen, which displays the distinguishing license plate designated
in, and is registered to a person who qualifies for the exemption
provided by, Section 22511.5, or one commercial vehicle weighing less
than 8,001 pounds unladen, which is not registered to a disabled
person who qualifies for that exemption but which has been assigned
and displays a distinguishing license plate and is used primarily for
the transportation of the disabled person, is exempt from the weight
fees provided for in Section 9400.
(b) A commercial vehicle displaying a distinguishing placard
pursuant to Section 22511.5 is not exempt from weight fees.
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