BILL NUMBER: AB 45 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 6, 2012
AMENDED IN SENATE JUNE 7, 2012
AMENDED IN SENATE JUNE 14, 2011
AMENDED IN ASSEMBLY MAY 9, 2011
AMENDED IN ASSEMBLY APRIL 11, 2011
AMENDED IN ASSEMBLY MARCH 29, 2011
INTRODUCED BY Assembly Member Hill
DECEMBER 6, 2010
An act to amend Section 5384.5 of, to add Section 5355.5 to, and
to repeal and add Section 5384.1 of, the Public Utilities Code, and
to amend Section 23229.1 of, and to add Section 40000.20 to, the
Vehicle Code, relating to charter-party carriers of passengers.
LEGISLATIVE COUNSEL'S DIGEST
AB 45, as amended, Hill. Charter-party carriers of passengers:
alcoholic beverages: open containers.
The Passenger Charter-party Carriers' Act, with certain
exceptions, prohibits a charter-party carrier of passengers from
engaging in transportation services subject to regulation by the
Public Utilities Commission without obtaining a specified certificate
or permit, as appropriate, from the commission. The act, except as
specified, requires the driver of any limousine for hire operated by
a charter-party carrier of passengers (carrier) under a valid
certificate or permit to comply with prescribed requirements relating
to alcoholic beverages, including ascertaining whether any passenger
is under the age of 21 years, reading to the passenger a statement
that the consumption of any alcoholic beverage in the vehicle is
unlawful, requiring such a passenger to sign the statement, and, if a
minor passenger, after signing the statement, is found to be, or to
have been, consuming any alcoholic beverage during the course of the
ride, immediately terminating the contract of hire and returning the
passenger to the point of origin. The act also subjects the carrier
to specified civil penalties, based on the number of offenses, for
conviction of a driver, or any officer, director, agent, or employee
of the carrier, of a violation of the Vehicle Code that prohibits
storage of an opened container of an alcoholic beverage in a motor
vehicle.
This bill would repeal the above-described provisions concerning
the responsibilities of a driver of a limousine for hire operated by
a carrier relating to the consumption of alcoholic beverages by
passengers under 21 years of age. The bill would instead require that
a chartering party, as defined, disclose at the time transportation
service is prearranged or the contract of carriage is made (1) if
alcoholic beverages will be served by the chartering party, as
defined, or be transported in the passenger compartment of the
vehicle during transportation and (2) if any member of the party to
be provided with transportation services will be under 21 years of
age. The bill would require the charting party to designate a
designee, as defined, and would impose different requirements for a
designee of the chartering party and the driver of the vehicle
depending upon the presence of specified circumstances. The bill
would make the designee or, when present, the parent or legal
guardian legally responsible for any reasonably foreseeable
personal injury or property damage that is proximately caused
by a violation of laws prohibiting the consumption of alcoholic
beverages by a person under 21 years of age when alcoholic beverages
are consumed during the provision of transportation services under
certain circumstances. The bill would specify penalties for the
failure to comply with certain requirements and would, among other
things, subject the driver providing transportation services on
behalf of a licensed carrier to existing open container prohibitions
and make a 3rd or subsequent violation of specified criminal
provisions, a misdemeanor. The bill, by creating a new crime, would
impose a state-mandated local program.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known and may be cited as the Brett
Studebaker Law.
SEC. 2. Section 5355.5 is added to the Public Utilities Code, to
read:
5355.5. (a) "Chartering party" means the person, corporation, or
other entity that prearranges with a charter-party carrier of
passengers for transportation services.
(b) "Designee" means a person who is 25 years of age or older and
who is designated by the chartering party as being the person
responsible for compliance with the requirements of Section 5384.1
during the provision of transportation services whenever persons
under 21 years of age are to be transported unaccompanied by a parent
or legal guardian. If the chartering party is a person and the minor
is not accompanied by a parent or legal guardian, the chartering
party shall be the designee unless the chartering party identifies
another person to be the designee and the person so designated
acknowledges and agrees that he or she is the designee. If there is
more than one chartering party for a joint carriage of passengers,
each chartering party shall designate a designee who is responsible
for compliance with the requirements of Section 5384.1 whenever
persons under 21 years of age are to be transported unaccompanied by
a parent or legal guardian, and that person shall be the designee
only for those passengers provided with transportation services on
behalf of that chartering party.
SEC. 3. Section 5384.1 of the Public Utilities Code is repealed.
SEC. 4. Section 5384.1 is added to the Public Utilities Code, to
read:
5384.1. (a) At the time transportation service is prearranged or
the contract of carriage is made, the chartering party shall disclose
to the charter-party carrier of passengers whether the following are
true:
(1) Alcoholic beverages will be served by the chartering party or
be transported in the passenger compartment of the vehicle during
transportation.
(2) A member of the party to be provided with transportation
services will be under 21 years of age.
(b) If, at the time transportation was prearranged with the
charter-party carrier of passengers, the chartering party discloses
that alcoholic beverages will be served or transported in the
passenger compartment and a member of the party is under 21 years of
age, each of the following applies:
(1) The charter-party carrier of passengers, at the time
transportation services are arranged, shall notify the chartering
party of all of the following:
(A) A designee who is 25 years of age or older shall be present
whenever persons under 21 years of age who are not accompanied by a
parent or legal guardian are being transported.
(B) The designee shall make reasonable e fforts to
ensure compliance with all laws prohibiting the consumption of
alcoholic beverages by persons under 21 years of age who are members
of the party and are not accompanied by a parent or legal guardian.
(C) The designee shall read the statement specified in paragraph
(6) to each passenger in the party who is under 21 years of age.
(D) The designee shall notify the driver of the vehicle if, at any
time during the trip, a passenger in their party who is under 21
years of age is consuming or has consumed alcoholic beverages.
(E) The designee shall be responsible for any reasonably
foreseeable personal injury or property damage that is
proximately caused by the consumption of alcoholic beverages by a
person under 21 years of age while being supplied with transportation
services if the designee knew or reasonably should have known
that the person is under 21 years of age or has consumed alcoholic
beverages while being supplied with transportation services .
(F) If a trip is terminated because of the consumption of
alcoholic beverages by a person under 21 years of age that
who is a member of their party, the designee's
responsibility for that minor, and for any reasonably
foreseeable personal injury or property damage that was
proximately caused by the consumption of alcoholic
beverages by a person under 21 years of age while being supplied with
transportation services where the designee knew or reasonably should
have known that the person is under 21 years of age and is consuming
or has consumed alcoholic beverages while being supplied with
transportation services , shall continue until that
minor person who is under 21 years of age is
returned safely to his or her home or entrusted into the care of his
or her parent or legal guardian or taken to a location
reasonably believed to be safer .
(2) (A) The charter-party carrier of passengers shall provide a
copy of the written form described in paragraph (4) to the chartering
party within 24 hours of the reservation.
(B) If the charter-party carrier of passengers does not provide
the notice specified in subparagraph (A), the charter-party carrier
of passengers shall provide a designee who is not the driver and
shall incur any and all liabilities of that designee.
(2)
(3) The charter-party carrier of passengers shall
inform the driver of the vehicle that alcohol will be present and
that there will be persons under 21 years of age present during the
provision of transportation services and the name of the designee.
(3)
(4) The driver of the vehicle shall obtain the designee'
s signature or initials on a written form indicating the designee's
acknowledgment and agreement to all of the following:
(A) Alcoholic beverages will be served by the chartering party or
be transported in the passenger compartment of the vehicle during
transportation.
(B) A member of the party to be provided with transportation
services will be under 21 years of age.
(C) The person signing or initialing is the designee and is 25
years of age or older.
(D) The designee is responsible for ensuring
shall make reasonable efforts to ensure compliance with
all laws prohibiting the consumption of alcoholic beverages by
persons under 21 years of age who are members of the party and are
not accompanied by a parent or legal guardian.
(E) The designee is responsible for reading the statement
specified in paragraph (6) to each passenger in the party who is
under 21 years of age.
(F) The designee is responsible for notifying the driver of the
vehicle if, at any time during the trip, a passenger in their party
who is under 21 years of age is consuming or has consumed alcoholic
beverages and that the designee is in violation of the law if he or
she fails to notify the driver.
(G) The designee is legally responsible for any reasonably
foreseeable personal injury or property damage that is
proximately caused by the consumption of alcoholic beverages by a
person under 21 years of age while being supplied with transportation
services if the designee knew or reasonably should have known
that the person is under 21 years of age and is consuming or has
consumed alcoholic beverages while being supplied with transportation
services .
(H) If a trip is terminated because of the consumption of
alcoholic beverages by a person under 21 years of age who is a member
of their party, the designee's responsibility for that
minor person under 21 years of age , and for any
reasonably foreseeable personal injury or property damage
that was proximately caused by the consumption of alcoholic
beverages by a person under 21 years of age while being supplied with
transportation services where the designee knows or reasonably
should know that the person is under 21 years of age and is consuming
or has consumed alcoholic beverages while being supplied with
transportation services , continues until that minor
person who is under 21 years of age is returned
safely to his or her home or entrusted into the care of his or her
parent or legal guardian or taken to a location reasonably
believed to be safer .
(4)
(5) The designee shall be a passenger of the vehicle
during the provision of transportation services and shall be
responsible for make reasonable efforts to ensure
the lawful conduct of all persons in the vehicle who
are members of the party who are under 21 years of age and who are
not accompanied by a parent or legal guardian.
(5)
(6) (A) The designee shall
make reasonable efforts to ensure compliance with all laws
related to the consumption of alcoholic beverages by persons in the
party who are under 21 years of age and who are not accompanied by a
parent or legal guardian. The
(B) The designee shall make
reasonable efforts to ensure compliance with all laws
prohibiting the providing of alcoholic beverages to minors
persons under 21 years of age by adult members
of the party who are 21 years of age or older . If
(C) If a person under 21 years of
age is accompanied by a parent or legal guardian, then the parent or
legal guardian shall make reasonable efforts to ensure
that person complies with laws prohibiting the consumption of
alcoholic beverages. The
(D) A designee or, when present,
the parent or legal guardian who fails to act reasonably
shall be responsible for any reasonably foreseeable
personal injury or property damage that is proximately caused by a
violation of laws prohibiting the consumption of alcoholic beverages
by a person under 21 years of age when alcoholic beverages are
consumed during the provision of transportation services.
Nothing services if the designee, parent, or legal
guardian knew or reasonably should have known that the person is
under 21 years of age and is consuming or has consumed alcoholic
beverages during the provision of transportation services.
(E) Nothing in this paragraph
limits the right of a designee to seek indemnity from any person,
corporation, or other entity other than the charter-party carrier of
passengers. Nothing
(F) Nothing in this
paragraph section relieves a passenger of legal
responsibility for his or her own conduct.
(6)
(7) (A) The designee shall read the following statement
to those persons under 21 years of age:
"Consumption of alcoholic beverages by persons under 21 years of
age is illegal. It is also illegal for an adult to provide alcoholic
beverages to a person under 21 years of age. If you consume alcoholic
beverages, this trip will be terminated and all payments for
transportation services shall be forfeited and not subject to refund."
(B) The terms of the statement required to be read pursuant to
subparagraph (A) shall be a part of the contract of carriage between
the charter-party carrier of passengers and the chartering party.
(7)
(8) (A) If, during the course of
providing transportation services, any person under 21 years of age
is found to be, or to have been, consuming any alcoholic beverage,
the designee shall immediately notify the driver and the driver shall
terminate the trip. All passengers, including all passengers of a
joint carriage if more than one party is participating on
in the trip, shall either be brought
back to the point of origin of the trip or the driver may drop off
the minor person under 21 years of age who
was consuming alcoholic beverages at a point mutually agreed to
by both the charter-party carrier of passengers and the designee, on
behalf of the chartering party, provided that the conditions for
doing so are reasonably safe for the driver. All payment
for transportation services shall be forfeited and not subject to
refund. Should
(B) Should the designee, or when
present, the parent or legal guardian, fail to inform the driver, or
if the designee, parent, or legal guardian permits the drinking of
alcoholic beverages by persons under 21 years of age to occur in the
vehicle, the designee, parent, or legal guardian shall be subject to
prosecution for violation of subdivision (a) of Section 25658 of the
Business and Professions Code.
(c) If, at the time transportation is prearranged with the
charter-party carrier of passengers, the chartering party discloses
that alcoholic beverages will be served or transported in the
passenger compartment, but that no member of the party is or will be
under 21 years of age, each of the following applies:
(1) If the driver has reason to believe that passengers under 21
years of age will be present during transportation services, the
driver shall verify the age of all passengers to be transported in
the vehicle with the chartering party or designee.
(2) If any passenger is under 21 years of age, the failure to
disclose the age of this passenger is a violation of the contract of
carriage, and transportation services shall be terminated, unless all
alcoholic beverages are removed and locked in the vehicle trunk or
other locked compartment.
(d) If, at the time transportation is prearranged with the
charter-party carrier of passengers, the chartering party discloses
that a member of the party is under 21 years of age, but that no
alcoholic beverages will be served or transported in the passenger
compartment, each of the following applies:
(1) If the driver of the vehicle has reason to believe that
alcoholic beverages are, or will be, transported in the vehicle and
accessible to passengers, the driver shall verify whether alcoholic
beverages were brought onto into the
vehicle.
(2) If alcoholic beverages were brought onto
into the vehicle without prior notification to the
charter-party carrier of passengers, that act is a violation of the
contract of carriage, and the transportation services shall be
terminated, unless all alcoholic beverages are removed and locked in
the vehicle trunk or other locked compartment.
(e) Any driver convicted of violating Section 23223 of the Vehicle
Code as a result of his or her failure to comply with this section
shall, in addition, be subject to the civil penalties prescribed in
Section 5384.5. A third or subsequent conviction by the driver shall
be punishable pursuant to Section 40000.20 of the Vehicle Code as a
misdemeanor.
(f) Nothing in this section shall change the liability of a third
party knowingly furnishing the alcoholic beverage to a person who
they know or reasonably should have known to be under 21 years of
age.
SEC. 5. Section 5384.5 of the Public Utilities Code is amended to
read:
5384.5. If the driver of any charter-party carrier of passengers
for hire operating under a valid certificate or permit, or any
officer, director, agent, or employee of a charter-party carrier of
passengers operating vehicles used in the transportation of
passengers for hire under such a certificate or permit, is convicted
of a violation of Section 23225 of the Vehicle Code, the commission,
after a hearing, shall do the following:
(a) For a first offense, the commission may impose a civil penalty
of not more than two thousand dollars ($2,000) upon the carrier, as
determined appropriate by the commission.
(b) For a second offense, the commission may impose a civil
penalty of not more than two thousand dollars ($2,000) upon the
carrier or suspend the carrier's certificate or permit for not more
than 30 days, or both, as determined appropriate by the commission.
(c) For a third offense, the commission shall revoke the carrier's
certificate or permit.
SEC. 6. Section 23229.1 of the Vehicle Code is amended to read:
23229.1. (a) Subject to subdivision (b), Sections 23223 and 23225
apply to any driver providing transportation services on a
prearranged basis as a charter-party carrier of passengers, as
defined in Section 5360 of the Public Utilities Code, when the driver
of the vehicle transports any passenger under 21 years of age and
fails to comply with the requirements of Section 5384.1 of the Public
Utilities Code.
(b) For purposes of subdivision (a), it is not a violation of
Section 23225 for any driver providing transportation services on a
prearranged basis as a charter-party carrier of passengers that is
licensed pursuant to the Public Utilities Code to keep any bottle,
can, or other receptacle containing any alcoholic beverage in a
locked utility compartment within the area occupied by the driver and
passengers.
(c) In addition to the requirements of Section 1803, every clerk
of a court in which any driver in subdivision (a) was convicted of a
violation of Section 23225 shall prepare within 10 days after
conviction, and immediately forward to the Public Utilities
Commission at its office in San Francisco, an abstract of the record
of the court covering the case in which the person was convicted. If
sentencing is not pronounced in conjunction with the conviction, the
abstract shall be forwarded to the commission within 10 days after
sentencing, and the abstract shall be certified, by the person
required to prepare it, to be true and correct. For the purposes of
this subdivision, a forfeiture of bail is equivalent to a conviction.
SEC. 7. Section 40000.20 is added to the Vehicle Code, to read:
40000.20. A third or subsequent violation of Section 23225,
relating to the storage of an opened container of an alcoholic
beverage, or Section 23223, relating to the possession of an open
container of an alcoholic beverage, of a driver of any vehicle used
to provide transportation services on a prearranged services,
operating under a valid certificate or permit pursuant to the
Passenger Charter-party Carriers' Act (Chapter 8 (commencing with
Section 5351) of Division 2 of the Public Utilities Code), is a
misdemeanor.
SEC. 8. 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.