BILL NUMBER: AB 807	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 24, 2011

INTRODUCED BY   Assembly Member Solorio

                        FEBRUARY 17, 2011

   An act to amend Section 1808.1 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 807, as amended, Solorio. Vehicles: pull-notice system: driver
reports.
    Existing law requires an employer of a driver who drives a
specified vehicle, including a vehicle for which the driver is
required to have a class A or B license, to participate in a
pull-notice system, for the purpose of providing the employer with a
report, and an additional periodic report every 12 months, that
shows, among other things, the driver's current public record as
recorded by the Department of Motor Vehicles. Existing law requires
that  these   those  reports be presented
upon request or upon demand, as applicable, to an authorized
representative of the Department of the California Highway Patrol
during regular business hours.
   This bill would require that  these   a
taxicab transportation service, as specified, also receive those
 reports  and that the reports  be  also
 presented upon request or upon demand, as applicable, to an
authorized representative of the administrative agency responsible
for issuing permits to taxicab transportation services during regular
business hours.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1808.1 of the Vehicle Code is amended to read:
   1808.1.  (a) The prospective employer of a driver who drives a
vehicle specified in subdivision (k)  or a driver of a taxicab
transportation service as described pursuant to subdivision (a) of
Section 53075.5 of the Government Code  shall obtain a report
showing the driver's current public record as recorded by the
department. For purposes of this subdivision, a report is current if
it was issued less than 30 days prior to the date the employer
employs the driver. The report shall be reviewed, signed, and dated
by the employer and maintained at the employer's place of business
until receipt of the pull-notice system report pursuant to
subdivisions (b) and (c). These reports shall be presented upon
request, during regular business hours, to an authorized
representative of the Department of the California Highway Patrol or
to an authorized representative of the administrative agency
responsible for issuing permits to taxicab transportation services
pursuant to Section 53075.5 of the Government Code.
   (b) The employer of a driver who drives a vehicle specified in
subdivision (k) shall participate in a pull-notice system, which is a
process for the purpose of providing the employer with a report
showing the driver's current public record as recorded by the
department, and any subsequent convictions, failures to appear,
accidents, driver's license suspensions, driver's license
revocations, or any other actions taken against the driving privilege
or certificate, added to the driver's record while the employer's
notification request remains valid and uncanceled. As used in this
section, participation in the pull-notice system means obtaining a
requester code and enrolling all employed drivers who drive a vehicle
specified in subdivision (k) under that requester code.
   (c) The employer of a driver of a vehicle specified in subdivision
(k)  or a driver of a taxicab transportation service as
described pursuant to subdivision (a) of Section 53075.5 of the
Government Code  shall, additionally, obtain a periodic report
from the department at least every 12 months. The employer shall
verify that each employee's driver's license has not been suspended
or revoked, the employee's traffic violation point count, and whether
the employee has been convicted of a violation of Section 23152 or
23153. The report shall be signed and dated by the employer and
maintained at the employer's principal place of business. The report
shall be presented upon demand, during regular business hours, to an
authorized representative of the Department of the California Highway
Patrol or to an authorized representative of the administrative
agency responsible for issuing permits to taxicab transportation
services pursuant to Section 53075.5 of the Government Code.
   (d) Upon the termination of a driver's employment, the employer
shall notify the department to discontinue the driver's enrollment in
the pull-notice system.
   (e) For the purposes of the pull-notice system and periodic report
process required by subdivisions (b) and (c), an owner, other than
an owner-operator as defined in Section 34624, and an employer who
drives a vehicle described in subdivision (k) shall be enrolled as if
he or she were an employee. A family member and a volunteer driver
who drives a vehicle described in subdivision (k) shall also be
enrolled as if he or she were an employee.
   (f) An employer who, after receiving a driving record pursuant to
this section, employs or continues to employ as a driver a person
against whom a disqualifying action has been taken regarding his or
her driving privilege or required driver's certificate, is guilty of
a public offense, and upon conviction thereof, shall be punished by
confinement in a county jail for not more than six months, by a fine
of not more than one thousand dollars ($1,000), or by both that
confinement and fine.
   (g) As part of its inspection of bus maintenance facilities and
terminals required at least once every 13 months pursuant to
subdivision (c) of Section 34501, the Department of the California
Highway Patrol shall determine whether each transit operator, as
defined in Section 99210 of the Public Utilities Code, is then in
compliance with this section and Section 12804.6, and shall certify
each operator found to be in compliance. Funds shall not be allocated
pursuant to Chapter 4 (commencing with Section 99200) of Part 11 of
Division 10 of the Public Utilities Code to a transit operator that
the Department of the California Highway Patrol has not certified
pursuant to this section.
   (h) (1) A request to participate in the pull-notice system
established by this section shall be accompanied by a fee determined
by the department to be sufficient to defray the entire actual cost
to the department for the notification service. For the receipt of
subsequent reports, the employer shall also be charged a fee
established by the department pursuant to Section 1811. An employer
who qualifies pursuant to Section 1812 shall be exempt from any fee
required pursuant to this section. Failure to pay the fee shall
result in automatic cancellation of the employer's participation in
the notification services.
   (2) A regularly organized fire department, having official
recognition of the city, county, city and county, or district in
which the department is located, shall participate in the pull-notice
program and shall not be subject to the fee established pursuant to
this subdivision.
   (i) The department, as soon as feasible, may establish an
automatic procedure to provide the periodic reports to an employer by
mail or via an electronic delivery method, as required by
subdivision (c), on a regular basis without the need for individual
requests.
   (j) (1) The employer of a driver who is employed as a casual
driver is not required to enter that driver's name in the pull-notice
system, as otherwise required by subdivision (a). However, the
employer of a casual driver shall be in possession of a report of the
driver's current public record as recorded by the department, prior
to allowing a casual driver to drive a vehicle specified in
subdivision (k). A report is current if it was issued less than six
months prior to the date the employer employs the driver.
   (2) For the purposes of this subdivision, a driver is employed as
a casual driver when the employer has employed the driver less than
30 days during the preceding six months. "Casual driver" does not
include a driver who operates a vehicle that requires a passenger
transportation endorsement.
   (k) This section applies to a vehicle for the operation of which
the driver is required to have a class A or class B driver's license,
a class C license with a hazardous materials endorsement, a class C
license issued pursuant to Section 12814.7, or a certificate issued
pursuant to Section 12517, 12519, 12520, 12523, 12523.5, or 12527, or
a passenger vehicle having a seating capacity of not more than 10
persons, including the driver, operated for compensation by a
charter-party carrier of passengers or passenger stage corporation
pursuant to a certificate of public convenience and necessity or a
permit issued by the Public Utilities Commission.
   (  l ) This section shall not be construed to change the
definition of "employer," "employee," or "independent contractor" for
any purpose.
   (m) A motor carrier who contracts with a person to drive a vehicle
described in subdivision (k) that is owned by, or leased to, that
motor carrier, shall be subject to subdivisions (a), (b), (c), (d),
(f), (j), (k), and (  l  ) and the employer obligations in
those subdivisions.