BILL ANALYSIS Ó
AB 807
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ASSEMBLY THIRD READING
AB 807 (Solorio)
As Amended April 6, 2011
Majority vote
TRANSPORTATION 14-0
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|Ayes:|Bonnie Lowenthal, | | |
| |Jeffries, Achadjian, | | |
| |Blumenfield, Bonilla, | | |
| |Buchanan, Eng, Furutani, | | |
| |Galgiani, Logue, Miller, | | |
| |Norby, Carter, Solorio | | |
| | | | |
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SUMMARY : Requires employers of taxicab drivers to show
California Department of Motor Vehicles (DMV) pull-notice
reports if requested by an administrative agency responsible for
issuing taxicab permits. Specifically, this bill :
1)Requires prospective employers of taxicab drivers to show
current pull-notice reports, during normal business hours,
upon the request of an administrative agency responsible for
issuing taxicab permits. The report must be issued 30 days
prior to the date the driver is employed.
2)Additionally, requires employers of taxicab drivers to obtain
periodic DMV pull-notice reports and to present it to the
administrative agency responsible for issuing taxicab permits
at its request.
EXISTING LAW :
1)Establishes the pull-notice system administered by the DMV
that provides the employer of a driver who drives a specified
type of vehicle with a report showing the driver's current
public record and any subsequent convictions, driver's license
revocations, failures to appear, accidents, driver's license
suspensions, driver's license revocations, or any other
actions taken against the driving privilege.
2)Requires employers of drivers of specified vehicles such as
commercial truck drivers, school buses, farm labor vehicles,
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tow trucks, youth buses, paratransit vehicles, ambulances,
vehicles that transport hazardous materials, to show
pull-notice reports, during regular business hours, upon the
request of the California Highway Patrol (CHP).
3)Requires employers of drivers of specified vehicles as
described above to obtain a periodic report from DMV at least
every 12 months that is to be signed, dated, and maintained by
the employer.
4)Authorizes local authorities to adopt rules and regulations by
ordinance or regulation regarding, among other things,
licensing and regulating the operation of vehicles for hire
and drivers of passengers for hire.
5)Requires every city or county to protect the public health,
safety, and welfare by adopting an ordinance or resolution in
regard to taxicab transportation service rendered in vehicles
designed for carrying not more than eight persons, excluding
the driver, which is operated within the jurisdiction of the
city or county. Establishes minimum standards for taxicab
transportation services. Additionally, indicates that a city
or county is not prohibited from adopting additional
requirements for a taxicab to operate within its jurisdiction.
(Section 53075.5 of the California Government Code)
FISCAL EFFECT : Unknown
COMMENTS : The DMV pull-notice system provides the employer of a
driver who drives a commercial truck, school bus, farm labor
vehicle, tow truck, youth bus, paratransit vehicle, or
ambulance, with a report showing the driver's current public
record and any subsequent convictions, driver's license
revocations, failures to appear, accidents, driver's license
suspensions, driver's license revocations, or any other actions
taken against the driving privilege. The law requires employers
of drivers of those vehicles to show pull-notice reports, during
regular business hours, upon the request of the CHP. This bill
would expand that requirement thereby allowing a local
administrative agency responsible for issuing taxicab permits to
also request a copy of the pull-notice report from the taxicab
employer.
According to the author's office, taxicab administrative
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agencies are currently "unable to directly access the driving
records of permitted drivers to ensure drivers maintain a valid
California driver's license (CDL) and are not involved in a
disqualifying incident. Also, taxicabs are increasingly being
used in a variety of purposes, including as a supplement to
paratransit services. One taxicab administrative agency revoked
drivers' permits due to suspended CDLs. These drivers had
operated taxicabs for several months with a suspended CDL before
the taxicab administrative agency was informed."
To correct this situation and thereby provide additional
safeguards to the traveling public, this bill would authorize
representatives of the administrative agency responsible for
permitting taxicab transportations services to review the
driving records produced through their enrollment in DMV's
voluntary employee pull-notice program. Thereafter, should a
taxicab driver problem surface, the administrative agencies
responsible for permitting taxicabs could act quickly to prevent
drivers with unsafe driving habits or who lack a current CDL
from continuing to transport passengers.
This bill does not place a state mandate upon employers of
taxicab drivers or prospective employers of taxicab drivers to
participate in the DMV pull-notice program. In the case of the
Orange County Taxi Administration Program (OCTAP), as
administered by the Orange County Transportation Authority, the
OCTAP regulates taxicabs within Orange County and its 34 cities.
In accordance with the OCTAP regulations for taxicabs, adopted
by each member agency, an individual who desires to operate a
taxicab within Orange County must maintain a valid CDL and the
employer must enroll in the voluntary DMV pull-notice program.
Thus, the requirement to enroll in the DMV pull-notice
requirement is not a provision of this bill but rather is
separately required by Orange County and the cities within the
county under the powers granted to them under Section 53075.5 of
the California Government Code.
Analysis Prepared by : Ed Imai / TRANS. / (916) 319-2093
FN: 0000160
AB 807
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