BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 838|
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THIRD READING
Bill No: AB 838
Author: Hill (D)
Amended: 8/16/12 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
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
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.
Senate Floor Amendments of 8/16/12 specify the officials
authorized to inspect charter party carrier trip reports
and require a carrier to produce in its office a hard copy
of a trip report when requested by those officials.
ANALYSIS : Existing law authorizes the Public Utilities
Commission (PUC) to regulate charter-party carriers of
passengers, defined to mean persons engaged in the
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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
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
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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
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 8/16/12)
Greater California Livery Association
Public Utilities Commission
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
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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.
RM:d 8/16/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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