BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 838| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 838 Author: Hill (D) Amended: 8/7/12 in Senate Vote: 21 SENATE ENERGY, UTIL. & COMMUNIC. COMMITTEE : 10-0, 7/3/12 AYES: Padilla, Fuller, Corbett, De León, DeSaulnier, Kehoe, Pavley, Rubio, Strickland, Wright NO VOTE RECORDED: Berryhill, Emmerson, Simitian ASSEMBLY FLOOR : Not relevant SUBJECT : Charter-party carriers of passengers: reports SOURCE : Author DIGEST : This bill provides that a waybill or trip report may be kept, and provided to a public safety official upon request, in either electronic or hardcopy format. ANALYSIS : Existing law authorizes the Public Utilities Commission (PUC) to regulate charter-party carriers of passengers, defined to mean persons engaged in the transportation of persons by motor vehicle for compensation on a prearranged basis over any public highway in California, commonly known as limousines and busses. Existing law requires charger party carriers to prearrange the transport of passengers or a representative of passengers either by written contract or telephone and CONTINUED AB 838 Page 2 requires every carrier to include on a "waybill" or trip report specified information about the carrier, vehicle, driver, passengers, and points of origination and destination. Existing law and the PUC General Order requires a charter party carrier driver to make a waybill available for inspection by a city or county official, or any PUC or airport enforcement officer. This bill requires the PUC to ensure that every charter-party carrier of passengers operates on a prearranged basis within the state. The PUC shall require every charter-party carrier of passengers to include on a waybill or trip report at least all of the following: 1.The name of at least one passenger in the traveling party, or identifying information of the traveling party's affiliation, along with the point of origin and destination of the passenger or traveling party. 2.Information as to whether the transportation was arranged by telephone, written contract, or electronic communication. Background The PUC regulates "charter party carriers" that operate on the public highways of the state, including limousines (vehicles with no more than 10 passengers including the driver) busses (vehicles with more than 10 passengers including the driver). Carriers are required to obtain permits or certificates after providing financial responsibility and safety information to the PUC, including evidence of liability insurance and a California Highway Patrol safety inspection. Cities, counties, and public airports are authorized to regulate by ordinance carriers that operate wholly within their jurisdictions. Each charter party carrier is required to keep a waybill or trip report for each prearranged trip. The PUC's General Order 157-D, section 3.01, requires a driver, upon request, to show the waybill to any PUC or airport enforcement officer or any authorized city or county official. The AB 838 Page 3 order requires that the way bill include the following information: Name of carrier and PUC registration number. Vehicle license plate number Driver's name Name and address of person requesting or arranging the charter. Time and date when charter was arranged. Whether the transportation was arranged by telephone or written contract. Number of persons Name of at least one passenger in traveling party, or identifying information of the traveling party's affiliation Points of origination and destination. FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No SUPPORT : (Verified 8/7/12) Greater California Livery Association ARGUMENTS IN SUPPORT : According to the author's office, charter party carrier operators are rapidly employing technologies that will allow them to communicate with their customers and employees in a more efficient and effective manner, but concerns that current law does not specifically authorize electronic format for required documents is inhibiting the use of available technology. This bill will clarify that electronic waybills are authorized, giving carriers more flexibility and ability to update waybill information on a real time basis as customer travel plans change. AB 838 Page 4 RM:d 8/8/12 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****