BILL NUMBER: SB 1408 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 21, 2012
AMENDED IN ASSEMBLY JUNE 20, 2012
AMENDED IN SENATE MAY 10, 2012
AMENDED IN SENATE MAY 1, 2012
AMENDED IN SENATE APRIL 19, 2012
INTRODUCED BY Senator Blakeslee
FEBRUARY 24, 2012
An act to add Sections 1102, 1144, 1146, 1156.7, 1176.5, 1177.5,
1178.5, 1196.4, and 1196.5 to the Harbors and Navigation Code, and to
amend Section 1808.1 of the Vehicle Code, relating to bar pilots.
LEGISLATIVE COUNSEL'S DIGEST
SB 1408, as amended, Blakeslee. Bar pilots: Monterey Bay and the
Bays of San Francisco, San Pablo, and Suisun.
Existing law provides for the regulation and licensing of pilots
for Monterey Bay, and the Bays of San Francisco, San Pablo, and
Suisun, and the payment of specified pilotage rates and charges
imposed on vessels piloted in those bays. Existing law also
establishes in the Business, Transportation and Housing Agency, a
Board of Pilot Commissioners for Monterey Bay and the Bays of San
Francisco, San Pablo, and Suisun, and prescribes the membership,
functions, and duties of the board.
Existing law requires the pilots to appoint a port agent to carry
out the orders of the board, other applicable laws, and otherwise
administer the affairs of the pilots.
This bill would require a pilot to refuse a pilotage assignment if
the pilot is physically or mentally fatigued and the pilot has a
reasonable belief that the assignment cannot be carried out in a
competent and safe manner. The bill would require the executive
director of the board, if the executive director alerts the United
States Coast Guard to a violation or a likely violation of safety
standards and has reason to believe the violation or likely violation
will not be corrected prior to reaching its next port of call, to
request that the United States Coast Guard report specified vessel
pilot safety violations to the port state control officer or a pilot
organization in a vessel's expected future port of call.
The bill would require the board to contract with an independent
entity to conduct a study of the effects of work and rest periods on
psychological ability and safety for pilots, including specified
information and recommendations on how to prevent pilot fatigue and
ensure the safe operation of vessels and, based on the results of,
and recommendations contained in, the study, to promulgate
regulations for pilots establishing requirements for adequate rest
periods intended to prevent pilot fatigue.
Existing law provides that the board shall have sole authority to
determine the qualification for obtaining a pilot's license, and
requires the board to adopt, by regulation, licensing standards that
equal or exceed standards for obtaining federal endorsements that
conform with and support state policy with regard to the safe
operation of vessels. Existing law requires that an applicant for a
pilot trainee position, or for a pilot license, or a pilot seeking
renewal of his or her license to undergo a physical examination by a
board-appointed physician, in accordance with prescribed standards,
to determine the suitability of a person to perform his or her duties
as a pilot.
This bill would require a pilot trainee or an applicant
for a trainee position , a license applicant, or a
licensee applying for renewal of a license to disclose to the
board-appointed physician conducting the required physical
examination certain medical information relating to the applicant's
or licensee's ability to safely operate a vessel, including
information concerning prior substance abuse and medical conditions
characterized by lapses of consciousness. The bill would authorize
the board to refuse to admit a trainee an
applicant to a training program, continue a t
rainee in the training program , or to
issue or renew a license to any person when the
board-appointed physician conducting the physical examination
determines that the applicant or licensee habitually uses, or is
addicted to, alcoholic beverages, narcotics, or dangerous drugs, and
would prescribe procedures the board would be required to follow with
regard to the refusal to issue or renew a license.
Existing law requires the board to adopt training standards and a
training program for pilot trainees, and continuing education
standards and a continuous education program for pilots.
This bill would require that any continuing education program
adopted by the board regularly inform pilots of the hazards of
fatigue and of effective strategies to prevent fatigue.
Existing law requires the prospective employer of a driver who
drives a vehicle, as specified, to obtain a report showing the driver'
s current public record as recorded by the Department of Motor
Vehicles, and requires the employer of a driver of such a vehicle to
participate in a pull-notice system, as defined. Existing law
requires that a request to participate in the pull-notice system be
accompanied by a fee determined by the department to be sufficient to
defray the entire actual cost to the department for the notification
system, subject to specified fee exemptions.
This bill would require that the board also comply with the above
provisions of the Vehicle Code requiring participation in the
pull-notice system and establishing the fee for the system, but would
specify that all pilots and pilot trainees covered by those
provisions would not be subject to the fees imposed by the department
for the pull-notice system. The bill would also
require the board, on an individual basis, to request the
driving record of every applicant for admission to the pilot training
program, and of every applicant for an original pilot license before
issuing the applicant a pilot license.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1102 is added to the Harbors and Navigation
Code, to read:
1102. The Legislature finds and declares that the enhancement of
navigational safety is of the utmost concern in state pilotage. In
order to ensure and promote the highest level of safety in pilotage,
the board is empowered to effectively monitor and oversee the
practices of pilots and prevent fatigue resulting from extended hours
of service, insufficient rest within a 24-hour period, and
disruption of circadian rhythms.
SEC. 2. Section 1144 is added to the Harbors and Navigation Code,
to read:
1144. Any continuing education program adopted by the board shall
regularly inform pilots of the hazards of fatigue and of effective
strategies to prevent fatigue while on duty.
SEC. 3. Section 1146 is added to the Harbors and Navigation Code,
to read:
1146. A pilot shall refuse a pilotage assignment if he or she is
physically or mentally fatigued and has a reasonable belief that the
assignment cannot be carried out in a competent and safe manner.
SEC. 4. Section 1156.7 is added to the Harbors and Navigation
Code, to read:
1156.7. If the executive director of the board alerts the United
States Coast Guard to a violation or likely violation of safety
standards pursuant to Section 1156.6 and has reason to believe that
the violation or likely violation will not be corrected prior to the
vessel reaching its next port of call, the executive director shall
request the United States Coast Guard to report the suspected safety
standard violation to the port state control officer or a pilot
organization in an expected future port of call. This section does
not preclude any other party from disseminating any report of the
findings and recommendations of the executive director of the board
pursuant to Section 1156.6, and all of those reports and findings
shall be considered public records.
SEC. 5. Section 1176.5 is added to the Harbors and Navigation
Code, to read:
1176.5. (a) At the time of the physical examination required by
Section 1176, a trainee or an applicant for a trainee
position shall disclose to the board-appointed physician
conducting the physical examination all of the following information,
if applicable:
(1) If at any time prior to the examination the trainee or
applicant for a trainee position has been rendered
incapable of safely operating a vessel or any other motor vehicle
because of alcoholism, excessive and chronic use of alcoholic
beverages, or addiction to, or habitual use of, any drug.
(2) If at any time prior to the examination the trainee or
applicant for a trainee position has been addicted
to the use of narcotic drugs or has participated in a narcotic
treatment program.
(3) If at any time prior to the examination the trainee or
applicant for a trainee position has suffered from a
disorder characterized by lapses of consciousness or has
experienced, within the last three years, either a lapse of
consciousness or an episode of marked confusion caused by any medical
condition that may bring about recurrent lapses, or has any physical
or mental disability, disease, or disorder that could affect the
safe operation of a vessel or motor vehicle.
(b) At the time of the physical examination, a licensee shall
disclose to the board-appointed physician conducting the physical
examination pursuant to Section 1176 all of the following
information, if applicable:
(1) If at any time during the year prior to the examination the
licensee applicant has been rendered incapable of safely operating a
vessel or any other motor vehicle because of alcoholism, excessive
and chronic use of alcoholic beverages, or addiction to, or habitual
use of, any drug.
(2) If at any time during the year prior to the examination the
licensee has been addicted to the use of narcotic drugs or
participated in a narcotic treatment program.
(3) If at any time during the year prior to the examination the
licensee has suffered from a disorder characterized by lapses of
consciousness or has experienced either a lapse of consciousness or
an episode of marked confusion caused by any medical condition that
may bring about recurrent lapses, or has any physical or mental
disability, disease, or disorder that could affect the safe operation
of a vessel or any other motor vehicle.
(c) The board may refuse to admit a trainee
an applicant to the training program , continue a
trainee in the training program, or to issue
or renew a licensee license to any
person if the board-appointed physician conducting the physical
examination required pursuant to Section 1176 determines that the
trainee applicant, trainee, license applicant, or licensee
excessively or habitually uses, or is addicted to, alcoholic
beverages, narcotics, or dangerous drugs.
(d) The board shall not admit a an
applicant trainee applicant to the training
program, continue a trainee in the program, issue a
license to a pilot license applicant, or renew a pilot license for
any applicant who fails to submit the information required by this
section.
SEC. 6. Section 1177.5 is added to the Harbors and Navigation
Code, to read:
1177.5. (a) The board's proceedings with regard to the refusal to
issue or renew a pilot license shall be conducted in accordance with
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code.
(b) The board may deny an application for a license without a
hearing, if within one year previously, and after proceedings
conducted in accordance with Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code, an
application from the same applicant has been denied upon the same
grounds.
SEC. 7. Section 1178.5 is added to the Harbors and Navigation
Code, to read:
1178.5. (a) Subject to this section, the board shall participate
in a pull-notice system, pursuant to Section 1808.1 of the Vehicle
Code, with respect to all pilot trainees and all licensees.
(b) The purpose of board participation in a pull-notice system
pursuant to this section is to provide the board with a report
showing each pilot's current public record as recorded by the
Department of Motor Vehicles, 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
notification request remains valid and uncanceled.
(c) As used in this section, participation in the pull-notice
system means obtaining a requester code and enrolling all pilots and
trainees who are subject to the board's jurisdiction under that
requester code.
(d) The board shall, additionally, obtain a periodic report from
the Department of Motor Vehicles at least every 12 months. The board
shall verify that each pilot's and pilot trainee's driver's license
has not been suspended or revoked and whether the pilot or pilot
trainee has been convicted of a violation of Section 23152 or 23153
of the Vehicle Code or Section 655 , or any other related
conviction .
(e) Upon the termination of a pilot's license or the removal of a
trainee from the training program, the board shall notify the
Department of Motor Vehicles to discontinue the driver's enrollment
in the pull-notice system.
(f) For the purposes of the pull-notice system, a pilot and pilot
trainee shall be enrolled as if he or she were an employee of the
board.
(g) The board shall be exempt from any fees required under the
pull-notice system, pursuant to Section 1808.1 of the Vehicle Code.
(h) The board, on an individual basis, shall also request the
driving record of every applicant for admission into the pilot
training program before granting admission to the training program,
and shall request the driving record of every applicant for an
original pilot license before issuing a pilot license.
(i) The board, after notice and hearing, may refuse to issue a
pilot license or may suspend or revoke the license issued to a pilot
if that person has been convicted of a violation of Section 23152 or
23153 of the Vehicle Code, or Section 655. A conviction after a plea
of nolo contendere is a conviction within the meaning of this
section.
(j) The board may refuse to admit an applicant into the pilot
training program or may dismiss a pilot trainee from the pilot
training program if that person has been convicted of a violation of
Section 23152 or 23153 of the Vehicle Code or Section 655. A
conviction after a plea of nolo contendere is a conviction within the
meaning of this section.
SEC. 8. Section 1196.4 is added to the Harbors and Navigation
Code, to read:
1196.4. (a) Costs resulting from the provision of continuing
education for currently licensed pilots regarding instruction in the
proper utilization of portable pilot unit equipment and software, if
determined to be necessary for effectuating the purposes of
continuing education by the board, shall be considered pilot
continuing education expenses pursuant to Section 1196.3.
(b) Subdivision (a) shall apply only to those costs incurred after
January 1, 2013.
SEC. 9. Section 1196.5 is added to the Harbors and Navigation
Code, to read:
1196.5. (a) The board shall contract with an independent entity
to conduct a study of the effects of work and rest periods on
psychological ability and safety for pilots. The study shall evaluate
sleep- and human-related factors for pilots, and shall include
information and recommendations on how to prevent pilot fatigue and
ensure the safe operation of vessels.
(b) The board shall, based on the results of, and recommendations
contained in, the study, promulgate regulations for pilots
establishing requirements for adequate rest periods intended to
prevent pilot fatigue.
(c) The study required to be conducted pursuant to subdivision (a)
shall be funded by revenues received by the board from the board
operation surcharge, as described in Section 1159.2. The board shall
have authority, consistent with Section 1159.2, to collect and
appropriate adequate funding to ensure that the study is completed.
SEC. 10. 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) 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 to an authorized
representative of the Department of the California Highway Patrol
during regular business hours.
(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) 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 to an authorized representative of the
Department of the California Highway Patrol during regular business
hours.
(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.
(3) The Board of Pilot Commissioners for Monterey Bay and the Bays
of San Francisco, San Pablo, and Suisun, and its port agent shall
participate in the pull-notice system established by this section,
subject to Section 1178.5 of the Harbors and Navigation Code, and
shall not be subject to the fees 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.
(n) Reports issued pursuant to this section, but only those for a
driver of a taxicab engaged in transportation services as described
in subdivision (a) of Section 53075.5 of the Government Code, shall
be presented upon request, during regular business hours, 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.