California Vehicle Code Section 12804.2

CA Veh Code § 12804.2 (2017)  

(a) Notwithstanding Section 15275, a person issued a driver’s license by the department is exempt from the endorsement requirements of Section 15275 if all of the following conditions are met:

(1) The person is employed in an agricultural operation and is driving a vehicle, other than a vehicle used in common or contract motor carriage, controlled by a farmer and transporting agricultural products or farm machinery or supplies to or from a farm.

(2) (A) The person has fulfilled the applicable training requirements of Subpart H of Part 172 of Title 49 of the Code of Federal Regulations.

(B) Upon successful completion of the training required by subparagraph (A), a record of current training, meeting the requirements prescribed by Section 172.704(d) of Title 49 of the Code of Federal Regulations, and a completed application shall be forwarded to the Department of the California Highway Patrol. Upon receipt and validation, the Department of the California Highway Patrol shall issue a verification of training, valid for three years, which shall be carried by the person when operating an implement of husbandry or a motor vehicle required to display placards pursuant to Section 27903. Within 15 days of issuance by the Department of the California Highway Patrol, a copy of the verification shall be forwarded by the person completing the training to the department for inclusion on the permanent driving record of the person, together with a fee of twelve dollars ($12).

(C) The department, in consultation with the Department of the California Highway Patrol, shall develop a suitable form for verification of training.

(3) The person has, within the vehicle, informational material approved by the Department of the California Highway Patrol, in both English and Spanish, outlining basic safety procedures to be followed in the event of an accident. The Department of the California Highway Patrol shall provide the information required by this subdivision and make it available at no cost to the person.

(4) The person is operating a vehicle which is an implement of husbandry or a motor vehicle requiring only a class C driver’s license and the distance which the vehicle is being operated between the final point of distribution and the ultimate point of application or from part of a farm to another part thereof, or from one farm to another, is not more than 50 miles.

(5) In lieu of a report of a medical examination required by Section 12804.9, an applicant for a certificate pursuant to paragraph (3) shall, upon application and every two years thereafter, submit medical information on a form approved by the department. A person who obtains a verification of training pursuant to this section, but does not meet the medical requirements for a hazardous materials endorsement established by the department under Section 12804.9, is not qualified to transport hazardous materials.

(6) For purposes of the penalties and sanctions prescribed by Article 7 (commencing with Section 15300) of Chapter 7, the operation of a vehicle pursuant to this subdivision is deemed to be the operation of a commercial motor vehicle.

(b) Implementation dates for this section may be established by the Department of Motor Vehicles by regulation in order to accomplish an orderly certification program.

(Amended by Stats. 2017, Ch. 397, Sec. 3. (SB 810) Effective January 1, 2018.)

Last modified: October 25, 2018