Californiaís Vehicle Code now requires that every "Farm Labor Vehicle" (FLV) be equipped with an approved lap or lap and shoulder seat belt assembly at each passenger seating position, and that the driver turn on the vehicle's headlights when operating on the highway regardless of the time of day.  The Vehicle Code defines a farm labor vehicle as any motor vehicle designed, used, or maintained for the transportation of 9 or more farm workers, in addition to the driver, to or from a place of employment or employment-related activities.  "Farm Labor Vehicle" does not include a vehicle carrying only immediate family members of the owner or driver.

Californiaís Highway Patrol believes the Legislature's intent was to retrofit older FLVs with seat belts regardless of age. Seats need not be installed in the forward-facing orientation. Each passenger must have a separate seat belt assembly.  Seat belt assemblies, when installed, need not be new.  Any seat belt system factory-installed in any vehicle since 1968 may be used.  All components must be in good condition and installation must be done properly.

FLVs presented for initial (first) inspection and certification must now have seat belts installed.  FLVs last certified between October 1, 1998, and September 30, 1999, must have seat belts installed by May 1, 2000.  "Certification" refers to the issuance of a CHP 292, "Inspection Approval Certificate," which must be posted in the driver's compartment.

Inspections are free.  No appointment is needed. Although CHP's inspection form calls for "Contractor License Number," inspectors will inspect vehicles without it.  Locally, FLV inspection sites are at Reedley Park on Thursdays starting at 7:30 a.m., and CHP offices in Madera and Visalia on Mondays starting at 8 a.m.  More sites are planned. As a courtesy, the CHP will inspect and "certify" vans or other motor vehicles designed for less than 9 farm workers, in addition to the driver, at their inspection sites.

Starting May 1, 2000, any person who operates, or any owner or farm labor contractor who knowingly allows the operation of a farm labor vehicle in violation of the annual inspection and seat belt requirements will be fined at least $1,000 per violation, and no part of the fine may be suspended.  If passengers are in the vehicle, the fine is increased by $500 per passenger, not to exceed a total of $5,000.

The CHP Farm Labor Vehicle Safety Education Program is based at 1352 W. Olive Ave., Fresno, just off Highway 99.  The mostly-bilingual unit of officers has displays simulating a retrofit, showing how to place seat belts in a farm labor vehicle, with the proper bolts, nuts, and washers.  For an appointment or information call (559) 445-6108.

Farm Labor Vehicle violations can be reported by calling 1-800-TELLCHP.  PARA REPORTAR VIOLACIONES DE TRANSPORTACIÓN ILEGAL, DE TRABAJADORES EN VEHÍCULOS, SIRVASE LLAMAR A 1-800-TELL-CHP, O 1-800-835-5247.

The CHP has a "Farm Labor Vehicle Program" webpage at  http://www.chp.ca.gov/main/farmlab.html

California's Vehicle Code requires operators of farm labor vehicles (FLVs) when transporting one or more farm workers, to have a DL-45 certificate issued by the Department of Motor Vehicles to permit the operation of FLVs.  The Vehicle Code defines a farm labor vehicle as any motor vehicle designed, used, or maintained for the transportation of 9 or more farm workers, in addition to the driver, to or from a place of employment or employment-related activities.  FLV drivers must also have a valid Commercial Class B drivers license endorsed for passenger transportation.  Application forms are available at DMV offices.

An original applicant for the DL-45 must have successfully completed a 20-hour course which includes 10 hours of classroom instruction and 10 hours of applicant behind-the-wheel training, driving vehicles comparable to those the applicant will drive.  The training need not be given in one session.  FLV drivers must be trained by certified farm labor vehicle driver instructors or their delegated behind-the-wheel trainer, with training documented on CDE Form T-01.

Original DL-45 applicants pay a $25 fee and must pass a driving performance and written examination at a CHP office.  Applicants renewing a DL-45 (generally every 4 years) must complete 2 hours of classroom instruction for each year of certificate validity covering, but not limited to, current regulations, accident prevention, and defensive driving.  All classroom instruction must be given by, or in the presence of, a state certified farm labor vehicle driver instructor.  Renewal applicants must also have a completed "Medical Examination Report" DMV Form DL-51 dated within the past 2 years, pay a $12 fee, and pass another written examination and drive test.

California's Department of Education seeks to enlarge the pool of state-certified farm labor vehicle driver instructors by offering a free one-week course to qualified trainees (dates and locations to be set).

Trainee qualifications are: (1) English language proficient; (2) Certificate DL-45; (3) Commercial drivers license and medical; (4) G.E.D. or high school graduation; (6) H-6 print out (no older than 30 days); (6) Commercial driving experience (evaluated on an applicant by applicant basis); and (7) verifiable employer sponsorship, otherwise not qualified (no consultants).

FLV drivers interested in a week-long course to become a certified FLV driver instructor should call Instructor Coordinators Lee Craw at (559) 877-3340 or Jim Garrity at (619) 469-5765.  Certified FLV driver instructors are permitted to charge FLV drivers fees for their instruction.

Day Hauler's License??... California Labor Code Section 1682.3 says a "farm labor contractor" includes any "day hauler" meaning any person "employed by a farm labor contractor to transport, or who for a fee transports, by motor vehicle, workers to render personal services in connection with the production of any farm products to, for, or under the direction of a third person."  Day haulers (often foremen) must therefore have a State farm labor contractor's license. Only two day haulers do. Failure to have the license has lead to criminal citations from the California Division of Labor Standards Enforcement.  For licensing information, call (415) 703-4854.

State FLC licensing requires, in part, an application form, Finger Print Cards, Affidavits of Character, IRS proof of filing and tax payment, evidence of vehicle liability insurance, an initial $460 fee, annual renewal fees, and a copy of the drivers license of the person taking the (biennial) examination. The examination "shall include a demonstration of knowledge" of regulations "regarding wages, hours, working conditions, employee housing and transportation, collective bargaining, field sanitation, and safe work practices related to pesticide use."

"Under construction" is AB 602 authored by Assembly Member Dean Flores.  In its current form, the bill, in part, would distinguish between day haulers and farm labor contractors by means of separate licensing and examinations.  For information, call (916) 319-2030.  Track current California legislation by clicking on "Bill Information" at World Wide Website http://www.leginfo.ca.gov/

Under the Migrant and Seasonal Agricultural Worker Protection Act (MSPA), a vehicle used, or caused to be used, to transport agricultural workers must be properly insured, operated by a properly licensed driver, and meet Federal and State safety standards. MSPA, enforced by the U.S. Department of Labor, Wage Hour Division, supplements State regulations related to farm worker transportation safety.  MSPA regulations are at http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_500/toc.htm

Persons not subject to MSPA include those transporting agricultural workers inside a 25-mile intrastate radius of such person's permanent residence and for not more than 13 weeks a year.  MSPA's transportation rules do not apply to drivers when the only passengers are family members (spouse, children, parents, brothers, and sisters).

MSPA does not apply to car pools workers voluntarily arrange.  The workers may contribute to offset actual transportation costs.  Any compensation exceeding actual costs means the transportation provider is a "farm labor contractor" (FLC) who must meet MSPA's vehicle safety and insurance standards, and register with U.S. Wage Hour.

Request FLC Registration application form WH-530 and information on (415) 975-4521.  Requests for transportation and/or driving authorization will require supporting information such as list of vehicles, proof of inspection, medical certificate (less than 3 years old), and proof of insurance. For purposes of MSPA, a copy of CHP 292 "Inspection Approval Certificate"  (or Wage Hour Form WH-514) may be used as proof of vehicle inspection.
 

Insurance ... California's Labor Code requires farm labor vehicles to be insured for personal injury, with at least $50,000 property damage.  FLCs who supply labor, have workers' compensation, and do not charge fees must insure vehicles carrying 15 or less passengers for $15,000/$30,000 for personal injury.  For over 15 passengers, minimum coverage is $30,000/$60,000.  Under MSPA, an "FLC" providing transportation only, and who may or may not charge a fee, must have at least $100,000 of liability coverage for each "seat" in the vehicle, with total insurance capped at $5 million per vehicle, regardless of seating capacity.
 

Farm Labor Vehicle "Seats" ...  The definitions of "seats" in a farm labor vehicle vary somewhat between federal and California regulations.  Under the more "stringent" MSPA (Title 29 CFR Part 500.105) seats "shall be not less than 16 inches nor more than 19 inches above the floor; at least 13 inches deep; equipped with backrests extending to a height of at least 36 inches above the floor with at least 24 inches of space between the backrests or between the edges of the opposite seats (benches) when face to face; designed to provide at least 18 inches of seat for each passenger."

Title 13 California Code of Regulations Section 1270(c) says the following about farm labor vehicle passenger seats.  "Seating accommodations for each passenger shall provide a space with a depth of at least 10 in.; a width of 16 in.; and a height (measured from the floor) of 15-19 in. for the seat and 32 in. for the top of the back of the seat.  Aisles between facing seats shall be at least 24 in. wide."
 

If employers are certain farm worker transportation occurs only under circumstances covered by workers' compensation, they need only have $50,000 of property damage insurance.  They do not have to carry additional bodily injury coverage, "but they do so at their own risk" says the U.S. Wage Hour Division.  "In such circumstances, the employer would be violating MSPA insurance obligations if they transport workers outside the scope of workers compensation, and would be exposed to suits for actual damages."  MSPA violations may result in (first-time) civil penalties up to $1,000 per violation.
 

The Federal Highway Administration DOT controlled substances and alcohol use and testing regulations (Title 49 CFR Part 382) apply to drivers subject to commercial drivers license requirements while operating vehicles "designed to transport 16 or more passengers, including the driver."  For a Motor Carrier Safety Specialist, call (916) 498-5050 or visit website  http://mchs.fhwa.dot.gov/rulesregs/fmcsr/fmcsrguide.htm

Employers must keep detailed records for specified periods, and provide information on drug use and treatment to these "safety-sensitive" drivers.  All supervisors and "officials" with safety-sensitive drivers must attend at least an hour of training on signs and symptoms of drug abuse, and 60 minutes on alcohol abuse.

California employers of commercial and special certificate drivers must enroll in the DMV "Employer Pull Notice Program."  For information, call (916) 657-6346.

Farm worker (employee) transportation safety is included among Cal/OSHA's numerous Title 8 General Industry Safety Orders.  Serious violations generally lead to serious fines.  The February 24 issue of The Fresno Bee headlined "State agency imposes $21,500 in fines against a labor contractor after the farm-labor van tragedy."  The article said violations included: no signs on the van (the contractor did not own) showing its capacity; having an unlicensed driver; failing to bolt down a middle seat; and failing to keep the van aisle clear.

A Fresno Cal/OSHA officer, without discussing the case, pointed me to two key Safety Orders involved in transportation of employees (at the agency's website at http://www.dir.ca.gov/Title8/sb7g4a27.html).

Safety Order 3701 requires that a farm labor vehicle driver have (1) a valid driver's license and (2) the DMV-issued certificate (DL-45) that permits operation of a farm labor vehicle.  The other violations are  likely parts of Safety Order 3702 "Transporting Employees."  For example, Section 3702(h) requires that "the carrying capacity of trucks and buses primarily used to transport employees shall be conspicuously marked on the outside of the vehicle near the door or entrance.