BILL NUMBER: SB 611 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 4, 2014
AMENDED IN ASSEMBLY JULY 1, 2014
AMENDED IN ASSEMBLY JUNE 4, 2014
AMENDED IN ASSEMBLY MAY 1, 2014
AMENDED IN ASSEMBLY JANUARY 7, 2014
AMENDED IN ASSEMBLY SEPTEMBER 9, 2013
AMENDED IN ASSEMBLY SEPTEMBER 6, 2013
AMENDED IN ASSEMBLY SEPTEMBER 3, 2013
AMENDED IN ASSEMBLY AUGUST 6, 2013
AMENDED IN ASSEMBLY JUNE 14, 2013
AMENDED IN SENATE MAY 28, 2013
AMENDED IN SENATE MAY 8, 2013
AMENDED IN SENATE APRIL 15, 2013
INTRODUCED BY Senator Hill
FEBRUARY 22, 2013
An act to amend Sections 1042, 5373.1, 5385.7, and 5387 of, to add
Sections 1042.1, 5361, and 5384.2 to, and to repeal Sections 5385.6
and 5390 of, the Public Utilities Code, and to amend Sections 27375,
34500, and 34505.1 of, to add Sections 378, 28062, and 34500.4 to,
and to repeal Sections 5011.5, 5011.6, and 5011.9 of, the Vehicle
Code, relating to vehicles, and declaring the urgency thereof, to
take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 611, as amended, Hill. Modified limousines: inspection program:
safety requirements.
(1) The Passenger Charter-party Carriers' Act places charter-party
carriers of passengers, as defined, under the jurisdiction and
control of the Public Utilities Commission. The act defines a
charter-party carrier of passengers to mean every person that is
engaged in the transportation of persons by motor vehicle for
compensation, whether in common or contract carriage, over any public
highway, subject to certain exceptions, including common carrier
passenger stage corporations. Existing law requires the Department of
the California Highway Patrol to regulate the safe operation of
motor vehicles engaged in transportation for hire or compensation and
to inspect those vehicles to ensure that they have the required
safety equipment. A violation of these provisions is a crime.
This bill would require a modified limousine, as defined, to be
equipped with 2 readily accessible and fully charged fire
extinguishers, as specified, and would require one fire extinguisher
to be securely mounted in the driver's compartment and at least one
to be accessible to the passengers. The bill would require the driver
or operator of the modified limousine to notify the passengers of
the location of each fire extinguisher prior to the commencement of
any trip.
The bill would require the department, not later than
January July 1, 2016, to implement a safety
inspection program, as specified, of the terminals of
charter-party carriers of passengers and passenger stage corporations
that operate modified limousines. The bill would require the
department to adopt emergency regulations for this purpose. The bill
would require the department to transmit to the Public Utilities
Commission inspection data of modified limousines inspected pursuant
to this program. The bill would also require the department to adopt
regulations to establish an inspection fee to be paid by a
charter-party carrier or passenger stage corporation, as specified.
The bill would require the inspection fee to be collected by the
Public Utilities Commission and deposited into the Motor Vehicle
Account in the State Transportation Fund to cover the costs of the
inspections conducted by the department.
(2) Existing law requires that the Department of the California
Highway Patrol, upon determining that a tour bus operator has failed,
as provided, to comply with certain Vehicle Code provisions or
related regulations, recommend to the Public Utilities Commission and
other authorities that certain actions be taken against the carrier.
This bill would also apply these requirements to an
operator of modified limousines
limousine carriers and correct obsolete references.
(3) Existing law requires every passenger stage corporation to
furnish the Public Utilities Commission annually a list, prepared
under oath, of all vehicles used in transportation for compensation
during the preceding year and requires the commission to furnish a
copy of this list to the Department of the California Highway Patrol.
This bill would apply these requirements to charter-party carriers
of passengers and would require that the list identify each modified
limousine and its terminal location. The bill would prohibit the
commission from issuing or continuing in effect, any permit,
certificate, or authority of a passenger stage corporation or
charter-party carrier of passengers that has not submitted the
required fee for inspection pursuant to the inspection program. The
bill would require the commission, not later than January 1, 2015, to
provide the Department of the California Highway Patrol a list of
each modified limousine and its terminal location in order for the
department to promulgate regulations pursuant to these provisions.
(4) Existing law requires a limousine operated by a charter-party
carrier to display a special identification license plate, containing
the word "livery." The special license plate is issued by the
Department of Motor Vehicles, and the cost of the special license
plate program is funded by the Public Utilities Commission from the
Transportation Reimbursement Account.
This bill would repeal these and various other related provisions.
(5) The bill would make other conforming and technical changes.
(6) Because a violation of the bill's requirements would be a
crime, this bill would impose a state-mandated local program.
(7) This bill would incorporate additional changes to Section
34500 of the Vehicle Code made by this bill and AB 2752, to take
effect if both bills are chaptered and this bill is chaptered last.
(7)
(8) 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.
(8)
(9) This bill would declare that it is to take effect
immediately as an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1042 of the Public Utilities Code is amended to
read:
1042. (a) Every passenger stage corporation shall furnish the
commission annually with a list, prepared under oath, of all vehicles
used in transportation for compensation during the preceding year.
This list shall include and identify each modified limousine and the
terminal location of each modified limousine. The commission shall
furnish a copy of this list identifying each modified limousine and
its terminal location to the Department of the California Highway
Patrol. The commission shall also furnish a copy of this list to the
corporation's insurer, if the corporation's accident liability
protection is provided by a policy or policies of insurance.
(b) The commission shall not issue or continue in effect any
permit, certificate, or authority of a passenger stage corporation
that has not submitted fees required for inspection pursuant to
Section 34500.4 of the Vehicle Code and any associated penalties, if
applicable.
(c) If the passenger stage corporation's insurer informs the
commission that the corporation has failed to obtain insurance
coverage for any vehicle reported on the list, the commission may, in
addition to any other applicable penalty provided in this part, for
a first occurrence, suspend the corporation's certificate or impose a
fine, or both, and for a second or subsequent occurrence may suspend
or revoke the certificate or impose a fine, or both.
(d) As used in this section and Section 1042.1, "modified
limousine" means any vehicle that has been modified, altered, or
extended in a manner that increases the overall wheelbase of the
vehicle, exceeding the original equipment manufacturer's published
wheelbase dimension for the base model and year of the vehicle, in
any amount sufficient to accommodate additional passengers with a
seating capacity of not more than 10 passengers including the driver,
and is used in the transportation of passengers for hire. For
purposes of this subdivision, "wheelbase" means the longitudinal
distance between the vertical centerlines of the front and rear
wheels.
SEC. 2. Section 1042.1 is added to the Public Utilities Code, to
read:
1042.1. Not later than January 1, 2015, the commission shall
provide the Department of the California Highway Patrol with a list
of each passenger stage corporation's modified limousines and their
terminal locations in order for the department to promulgate
regulations pursuant to Section 34500.4 of the Vehicle Code.
SEC. 3. Section 5361 is added to the Public Utilities Code, to
read:
5361. "Modified limousine" means any vehicle that has been
modified, altered, or extended in a manner that increases the overall
wheelbase of the vehicle, exceeding the original equipment
manufacturer's published wheelbase dimension for the base model and
year of the vehicle, in any amount sufficient to accommodate
additional passengers with a seating capacity of not more than 10
passengers including the driver, and is used in the transportation of
passengers for hire. For purposes of this section, "wheelbase" means
the longitudinal distance between the vertical centerlines of the
front and rear wheels.
SEC. 4. Section 5373.1 of the Public Utilities Code is amended to
read:
5373.1. (a) Each application for a charter-party carrier of
passengers certificate or permit shall be accompanied by a filing fee
as follows:
(1) Class A certificates (new): one thousand five hundred dollars
($1,500).
(2) Class A certificates (renewal): one hundred dollars ($100).
(3) Class B certificates (new): one thousand dollars ($1,000).
(4) Class B certificates (renewal): one hundred dollars ($100).
(5) Class C certificates (new): one thousand dollars ($1,000).
(6) Class C certificates (renewal): one hundred dollars ($100).
(7) Permits (new): one thousand dollars ($1,000).
(8) Permits (renewal): one hundred dollars ($100).
(b) The commission shall also require each application to be
accompanied by a fee to offset the cost of the charter-party carrier
bus terminal inspections conducted by the Department of the
California Highway Patrol. The fee shall be fifteen dollars ($15) per
tour bus, as defined in Section 612 of the Vehicle Code, or a
maximum of six thousand five hundred dollars ($6,500) for each
operating carrier.
(c) The commission shall require each charter-party carrier that
operates tour buses, as defined in Section 612 of the Vehicle Code,
to undergo an annual bus terminal inspection conducted by the
Department of the California Highway Patrol and to pay an annual fee
of fifteen dollars ($15) per tour bus, or a maximum of six thousand
five hundred dollars ($6,500), to offset the cost of the inspections.
(d) The commission shall deposit the fees collected pursuant to
subdivisions (b) and (c) in the Motor Vehicle Account in the State
Transportation Fund to cover the costs of the inspections conducted
by the department as specified in subdivisions (b) and (c).
SEC. 5. Section 5384.2 is added to the Public Utilities Code, to
read:
5384.2. (a) Every charter-party carrier of passengers shall
furnish the commission annually with a list, prepared under oath, of
all vehicles used in transportation for compensation during the
preceding year. The list shall include and identify each modified
limousine and the terminal location of each modified limousine. The
commission shall furnish a copy of this list identifying each
modified limousine and its terminal location to the Department of the
California Highway Patrol.
(b) The commission shall not issue or continue in effect any
permit, certificate, or authority of a charter-party carrier of
passengers that has not submitted fees required for inspection
pursuant to Section 34500.4 of the Vehicle Code and any associated
penalties, if applicable.
(c) Not later than January 1, 2015, the commission shall provide
the Department of the California Highway Patrol with a list of each
charter-party carrier's modified limousines and their terminal
locations in order for the department to promulgate regulations
pursuant to Section 34500.4 of the Vehicle Code.
SEC. 6. Section 5385.6 of the Public Utilities Code is repealed.
SEC. 7. Section 5385.7 of the Public Utilities Code is amended to
read:
5385.7. A charter-party carrier shall not operate a modified
limousine, as defined in Section 5361, unless the modified limousine
is equipped with emergency exits at the rear of the vehicle as
required pursuant to Article 3.4 (commencing with Section 27375) of
Chapter 5 of Division 12 of the Vehicle Code. The commission shall
adopt rules to implement this section.
SEC. 8. Section 5387 of the Public Utilities Code is amended to
read:
5387. (a) It is unlawful for the owner of a charter-party carrier
of passengers to permit the operation of a vehicle upon a public
highway for compensation without (1) having obtained from the
commission a certificate or permit pursuant to this chapter, (2)
having complied with the vehicle identification requirements of
Section 5385 or 5385.5, and (3) having complied with the accident
liability protection requirements of Section 5391.
(b) A person who drives a bus for a charter-party carrier without
having a current and valid driver's license of the proper class, a
passenger vehicle endorsement, or the required certificate shall be
suspended from driving a bus of any kind, including, but not limited
to, a bus, schoolbus, school pupil activity bus, or transit bus, with
passengers for a period of five years pursuant to Section 13369 of
the Vehicle Code.
(c) (1) A charter-party carrier shall have its authority to
operate as a charter-party carrier permanently revoked by the
commission or be permanently barred from receiving a permit or
certificate from the commission if it commits any of the following
acts:
(A) Operates a bus without having been issued a permit or
certificate from the commission.
(B) Operates a bus with a permit that was suspended by the
commission pursuant to Section 5378.5.
(C) Commits three or more liability insurance violations within a
two-year period for which it has been cited.
(D) Operates a bus with a permit that was suspended by the
commission during a period that the charter-party carrier's liability
insurance lapsed for which it has been cited.
(E) Knowingly employs a busdriver who does not have a current and
valid driver's license of the proper class, a passenger vehicle
endorsement, or the required certificate to drive a bus.
(F) Has one or more buses improperly registered with the
Department of Motor Vehicles.
(2) The commission shall not issue a new permit or certificate to
operate as a charter-party carrier if any officer, director, or owner
of that charter-party carrier was an officer, director, or owner of
a charter-party carrier that had its authority to operate as a
charter-party carrier permanently revoked by the commission or that
was permanently barred from receiving a permit or certificate from
the commission pursuant to this subdivision.
(d) An officer of the Department of the California Highway Patrol
may impound a bus of a charter-party carrier for 30 days pursuant to
Section 14602.9 of the Vehicle Code if the officer determines that
any of the following violations occurred while the busdriver was
operating the bus of a charter-party carrier:
(1) The driver was operating the bus of a charter-party carrier
when the charter-party carrier did not have a permit or certificate
issued by the commission.
(2) The driver was operating the bus of a charter-party carrier
when the charter-party carrier was operating the bus with a suspended
permit or certificate from the commission.
(3) The driver was operating the bus of a charter-party carrier
without having a current and valid driver's license of the proper
class, a passenger vehicle endorsement, or the required certificate.
SEC. 9. Section 5390 of the Public Utilities Code is repealed.
SEC. 10. Section 378 is added to the Vehicle Code, to read:
378. (a) "Limousine" means any sedan or sport utility vehicle, of
either standard or extended length, with a seating capacity of not
more than 10 passengers including the driver, used in the
transportation of passengers for hire on a prearranged basis within
this state.
(b) "Modified limousine" means any vehicle that has been modified,
altered, or extended in a manner that increases the overall
wheelbase of the vehicle, exceeding the original equipment
manufacturer's published wheelbase dimension for the base model and
year of the vehicle, in any amount sufficient to accommodate
additional passengers with a seating capacity of not more than 10
passengers including the driver, and is used in the transportation of
passengers for hire. For purposes of this subdivision, "wheelbase"
means the longitudinal distance between the vertical centerlines of
the front and rear wheels.
SEC. 11. Section 5011.5 of the Vehicle Code is repealed.
SEC. 12. Section 5011.6 of the Vehicle Code is repealed.
SEC. 13. Section 5011.9 of the Vehicle Code is repealed.
SEC. 14. Section 27375 of the Vehicle Code is amended to read:
27375. (a) Any person who operates a modified limousine shall
ensure that the vehicle has at least two rear side doors and one or
two rear windows, as specified in paragraph (1), that the rear seat
passengers or all passengers of the vehicle may open from the inside
of the vehicle in case of any fire or other emergency that may
require the immediate exit of the passengers of the vehicle. A
limousine subject to this section shall be equipped with both of the
following:
(1) (A) Except as provided in subparagraph (B), at least two rear
push-out windows that are accessible to all passengers. At least one
push-out window shall be located on each side of the vehicle, unless
the design of the limousine precludes the installation of a push-out
window on one side of the vehicle, in which case the second push-out
window shall instead be located in the roof of the vehicle.
(B) If the design of the limousine precludes the installation of
even one push-out window on a side of the vehicle, one push-out
window shall instead be located in the roof of the vehicle.
(C) The Department of the California Highway Patrol shall
establish, by regulation, standards to ensure that window exits are
operable and sufficient in emergency situations for limousine
passengers. The department shall ensure that these regulations comply
with any applicable federal motor vehicle safety standards.
(2) At least two rear side doors that are accessible to all
passengers and that may be opened manually by any passenger. At least
one rear side door shall be located on each side of the vehicle. For
modified limousines, on or after July 1, 2015, at least one of these
side doors shall be located near the driver's compartment and
another near the back of the vehicle. These side doors shall comply
with any applicable federal motor vehicle safety standards as deemed
necessary by the Department of the California Highway Patrol.
(b) In the case of any a fire or
other emergency that requires the immediate exit of the passengers
from the limousine, the driver of the limousine shall unlock the
doors so that the rear side doors can be opened by the passengers
from the inside of the vehicle.
(c) An owner or operator of a limousine shall do all of the
following:
(1) Instruct all passengers on the safety features of the vehicle
prior to the beginning of any trip, including, but not limited to,
instructions for lowering the partition between the driver and
passenger compartments and for communicating with the driver by the
use of an intercom or other onboard or wireless device.
(2) Disclose to the contracting party and the passengers whether
the limousine meets the safety requirements described in this
section.
(3) If paragraph (3) of subdivision (d) applies, the owner or
operator of a limousine shall further disclose to the contracting
party and the passengers that the limousine does not meet the safety
requirements required in subdivision (a) regarding vehicle escape
options because of its exempt status, and therefore may pose a
greater risk to passengers should emergency escape be necessary.
(d) (1) Subdivision (a) shall apply to all modified limousines
modified on or after July 1, 2015.
(2) Subdivision (a) shall, beginning January 1, 2016, apply to all
vehicles that met the definition of modified limousine
limousine, as described in subdivision (b) of
Section 378, that are modified prior to July 1, 2015.
(3) Except as provided in paragraph (4), subdivision (a) shall not
apply to any limousine manufactured prior to
before 1970 and that has an active
transportation charter-party carrier (TCP) number that was issued by
the commission as of August 15, 2013.
(4) Subdivision (a) shall apply to any limousine manufactured
prior to before 1970 if it was modified
after August 15, 2013.
SEC. 15. Section 28062 is added to the Vehicle Code, to read:
28062. (a) A modified limousine shall be equipped with two
readily accessible and fully charged fire extinguishers having at
least a 2A10BC 5 pound rating and maintained in efficient operating
condition. One fire extinguisher shall be securely mounted in the
driver's compartment and at least one shall be accessible to the
passengers.
(b) The driver or operator of a modified limousine shall notify
the passengers of the location of each fire extinguisher prior to the
commencement of any trip.
SEC. 16. Section 34500 of the Vehicle Code is amended to read:
34500. The department shall regulate the safe operation of the
following vehicles:
(a) Motortrucks of three or more axles that are more than 10,000
pounds gross vehicle weight rating.
(b) Truck tractors.
(c) Buses, schoolbuses, school pupil activity buses, youth buses,
farm labor vehicles, modified limousines, and general public
paratransit vehicles.
(d) Trailers and semitrailers designed or used for the
transportation of more than 10 persons, and the towing motor vehicle.
(e) Trailers and semitrailers, pole or pipe dollies, auxiliary
dollies, and logging dollies used in combination with vehicles listed
in subdivision (a), (b), (c), or (d). This subdivision does not
include camp trailers, trailer coaches, and utility trailers.
(f) A combination of a motortruck and a vehicle or vehicles set
forth in subdivision (e) that exceeds 40 feet in length when coupled
together.
(g) A truck, or a combination of a truck and any other vehicle,
transporting hazardous materials.
(h) Manufactured homes that, when moved upon the highway, are
required to be moved pursuant to a permit as specified in Section
35780 or 35790.
(i) A park trailer, as described in Section 18009.3 of the Health
and Safety Code, that, when moved upon a highway, is required to be
moved pursuant to a permit pursuant to Section 35780.
(j) Any other motortruck not specified in subdivisions (a) to (h),
inclusive, or subdivision (k), that is regulated by the Department
of Motor Vehicles, Public Utilities Commission, or United States
Secretary of the Department of Transportation, but only for matters
relating to hours of service and logbooks of drivers.
(k) A commercial motor vehicle with a gross vehicle weight rating
of 26,001 or more pounds or a commercial motor vehicle of any gross
vehicle weight rating towing a vehicle described in subdivision (e)
with a gross vehicle weight rating of more than 10,000 pounds, except
combinations including camp trailers, trailer coaches, or utility
trailers. For purposes of this subdivision, the term "commercial
motor vehicle" has the meaning defined in subdivision (b) of Section
15210.
SEC. 16.5. Section 34500 of the Vehicle
Code is amended to read:
34500. The department shall regulate the safe operation of the
following vehicles:
(a) Motortrucks of three or more axles that are more than 10,000
pounds gross vehicle weight rating.
(b) Truck tractors.
(c) Buses, schoolbuses, school pupil activity buses, youth buses,
farm labor vehicles, modified limousines, and general
public paratransit vehicles.
(d) Trailers and semitrailers designed or used for the
transportation of more than 10 persons, and the towing motor vehicle.
(e) Trailers and semitrailers, pole or pipe dollies, auxiliary
dollies, and logging dollies used in combination with vehicles listed
in subdivision (a), (b), (c), or (d). This subdivision does not
include camp trailers, trailer coaches, and utility trailers.
(f) A combination of a motortruck and a vehicle or vehicles set
forth in subdivision (e) that exceeds 40 feet in length when coupled
together.
(g) A truck, Any vehicle, or a
combination of a truck and any other vehicle,
vehicles, transporting hazardous materials.
(h) Manufactured homes that, when moved upon the highway, are
required to be moved pursuant to a permit as specified in Section
35780 or 35790.
(i) A park trailer, as described in Section 18009.3 of the Health
and Safety Code, that, when moved upon a highway, is required to be
moved pursuant to a permit pursuant to Section 35780.
(j) Any other motortruck not specified in subdivisions (a) to (h),
inclusive, or subdivision (k), that is regulated by the Department
of Motor Vehicles, Public Utilities Commission, or United States
Secretary of the Department of Transportation, but only for matters
relating to hours of service and logbooks of drivers.
(k) A commercial motor vehicle with a gross vehicle weight rating
of 26,001 or more pounds or a commercial motor vehicle of any gross
vehicle weight rating towing a vehicle described in subdivision (e)
with a gross vehicle weight rating of more than 10,000 pounds, except
combinations including camp trailers, trailer coaches, or utility
trailers. For purposes of this subdivision, the term "commercial
motor vehicle" has the meaning defined in subdivision (b) of Section
15210.
SEC. 17. Section 34500.4 is added to the Vehicle Code, to read:
34500.4. (a) The Not later than July 1,
2016, the Department of the California Highway Patrol shall
implement a program to conduct safety inspections of
modified limousines limousine terminals
that are operated by passenger stage corporations pursuant to
Article 2 (commencing with Section 1031) of Chapter 5 of Part 1 of
Division 1 of the Public Utilities Code or by charter-party carriers
of passengers pursuant to the Passenger Charter-party Carriers' Act
(Chapter 8 (commencing with Section 5351) of Division 2 of the Public
Utilities Code).
(b) (1) Not later than January 1, 2016, the Department of
the California Highway Patrol shall implement a safety inspection
program of charter-party carriers of passengers and passenger stage
corporations that operate modified limousines. The
inspection program shall include, but is not limited to, the safe
operation of the vehicle, the installation of safety equipment, the
retention of maintenance logs, accident reports, and records of
driver discipline, compliance with federal and state motor vehicle
safety standards, the examination of a preventative maintenance
program, and, if ownership of the modified limousine has been
transferred, the transmission of relevant safety and maintenance
information of the limousine.
(2) Pursuant to the safety inspection program, the department
shall conduct an inspection of each terminal of a
charter-party carrier of passengers and passenger stage corporation
that operates modified limousines at least once every 13 months.
(3) The department shall adopt emergency regulations for purposes
of this subdivision. The adoption by the department of regulations
implementing this section shall be deemed to be an emergency and
necessary to avoid serious harm to the public peace, health, safety,
or general welfare for purposes of Sections 11346.1 and 11349.6 of
the Government Code, and the department is hereby exempted from the
requirement that it describe facts showing the need for immediate
action to the Office of Administrative Law. The emergency regulations
shall remain in effect for no more than one year, by which time
final regulations shall be adopted.
(4) (A) The department shall adopt regulations to establish an
inspection fee applied to modified limousines to
be collected every 13 months, based on the number of modified
limousines operated by a single charter-party carrier or passenger
stage corporation. The fee shall be in an amount sufficient to offset
the costs to administer this the
inspection program and shall not be used to supplant or support any
other inspection program conducted by the department. The fee shall
be in addition to any other required fee. When developing the
regulations, the department shall consider measures that increase
efficiencies to limit the financial impact to charter-party carriers
of passengers and passenger stage corporations subject to the fee.
The department shall promulgate the regulations in consultation with
appropriate interested parties.
(B) The fee structure established pursuant to this subdivision
shall apply to modified limousines that are required to undergo a
safety inspection pursuant to this section.
(C) The fee established pursuant to this subdivision shall be
collected by the Public Utilities Commission and deposited into the
Motor Vehicle Account in the State Transportation Fund to cover the
costs of the inspections conducted by the department.
(5) The department shall transmit to the Public Utilities
Commission inspection data of modified limousines
limousine terminals inspected pursuant to this program, as
specified in the program regulations.
(c) Regulations adopted pursuant to this section shall be
consistent with the established inspection program administered by
the department for buses pursuant to this division.
SEC. 18. Section 34505.1 of the Vehicle Code is amended to read:
34505.1. (a) Upon determining that a tour bus carrier
or modified limousine operator carrier
has either (1) failed to maintain any vehicle used in transportation
for compensation in a safe operating condition or to comply with the
Vehicle Code or with regulations contained in Title 13 of the
California Code of Regulations relative to motor carrier safety, and,
in the department's opinion, that failure presents an imminent
danger to public safety or constitutes such a consistent failure as
to justify a recommendation to the Public Utilities Commission or the
interstate operating authority or the United
States Department of Transportation or (2) failed to enroll all
drivers in the pull notice system as required by Section 1808.1, the
department shall recommend to the Public Utilities Commission that
the carrier's operating authority be suspended, denied, or revoked,
or to the United States Department of Transportation,
Transportation that appropriate administrative
action be taken against the carrier's interstate operating
authority or United States Department of Transportation number
authority , whichever is appropriate. For
purposes of this subdivision, two consecutive unsatisfactory
compliance ratings for an inspected terminal assigned because the
tour bus carrier or modified limousine operator
carrier failed to comply with the periodic
report requirements of Section 1808.1 or the cancellation of the
operator's carrier's enrollment by the
Department of Motor Vehicles for nonpayment of required fees may be
determined by the department to be a consistent failure. However,
when recommending denial of an application for new or renewal
authority, the department need not conclude that the carrier's
failure presents an imminent danger to public safety or that it
constitutes a consistent failure. The department need only conclude
that the carrier's compliance with the safety-related matters
described in paragraph (1) of subdivision (a) is sufficiently
unsatisfactory to justify a recommendation for denial. The department
shall retain a record, by operator carrier
, of every recommendation made pursuant to this section.
(b) Before transmitting a recommendation pursuant to subdivision
(a), the department shall notify the carrier in writing of all of the
following:
(1) That the department has determined that the carrier's safety
record is unsatisfactory, furnishing a copy of any documentation or
summary of any other evidence supporting the determination.
(2) That
the determination may result in a suspension, revocation, or denial
of the carrier's operating authority or United States
Department of Transportation number by the Public Utilities
Commission or the United States Department of Transportation, as
appropriate.
(3) That the carrier may request a review of the determination by
the department within five days of its receipt of the notice required
under this subdivision. If a review is requested by the carrier, the
department shall conduct and evaluate that review prior to
transmitting any notification pursuant to subdivision (a).
SEC. 19. Section 16.5 of this bill incorporates
amendments to Section 34500 of the Vehicle Code proposed by both this
bill and Assembly Bill 2752. It shall only become operative if (1)
both bills are enacted and become effective on or before January 1,
2015, but this bill becomes operative first, (2) each bill amends
Section 34500 of the Vehicle Code, and (3) this bill is enacted after
Assembly Bill 2752, in which case Section 34500 of the Vehicle Code,
as amended by Section 16 of this bill, shall remain operative only
until the operative date of Assembly Bill 2752, at which time Section
16.5 of this bill shall become operative.
SEC. 19. SEC. 20. No reimbursement
is required by this act pursuant to Section 6 of Article XIII B of
the California Constitution because the only costs that may be
incurred by a local agency or school district will be incurred
because this act creates a new crime or infraction, eliminates a
crime or infraction, or changes the penalty for a crime or
infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIII B of the California Constitution.
SEC. 20. SEC. 21. This act is an
urgency statute necessary for the immediate preservation of the
public peace, health, or safety within the meaning of Article IV of
the Constitution and shall go into immediate effect. The facts
constituting the necessity are:
In order to ensure that passenger safety requirements for modified
limousines become effective at the earliest possible time, it is
necessary that this act take effect immediately.