Amended in Assembly May 1, 2014

Amended in Assembly January 7, 2014

Amended in Assembly September 9, 2013

Amended in Assembly September 6, 2013

Amended in Assembly September 3, 2013

Amended in Assembly August 6, 2013

Amended in Assembly June 14, 2013

Amended in Senate May 28, 2013

Amended in Senate May 8, 2013

Amended in Senate April 15, 2013

Senate BillNo. 611


Introduced by Senator Hill

February 22, 2013


An act tobegin insert amend Sections 1042, 5373.1, 5385.7, and 5387 of, to add Sections 1042.1, 5361, and 5384.2 to, and to repeal Sections 5385.6 and 5390 of, the Public Utilities Code, and to amend Sections 27375, 34500, and 34505.1 of, toend insert add Sectionsbegin delete 28062end deletebegin insert 378, 28062,end insert and 34500.4 tobegin insert, and to repeal Sections 5011.5, 5011.6, and 5011.9 of,end insert the Vehicle Code, relating tobegin delete charter-party carriers of passengers.end deletebegin insert vehiclesend insertbegin insert.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 611, as amended, Hill. begin deleteCharter-party carriers of passengers: limousines: fire extinguishers. end deletebegin insertModified limousines: inspection program: safety requirements.end insert

(1) The Passenger Charter-party Carriers’ Act places charter-party carriers of passengers, as defined, under the jurisdiction and control of the Public Utilities Commission. The act defines a charter-party carrier of passengersbegin delete, subject to certain exceptions,end delete to mean every person that is engaged in the transportation of persons by motor vehicle for compensation, whether in common or contract carriage, over any public highwaybegin insert, subject to certain exceptions, including common carrier passenger stage corporationsend insert. Existing law requires the Department of the California Highway Patrol to regulate the safe operation of motor vehicles engaged in transportation for hire or compensation and to inspect those vehicles to ensure that they have the required safety equipment. A violation of these provisions is a crime.

This bill would require abegin insert modifiedend insert limousine, as defined,begin delete that has been modified or extended by an original or final-stage manufacturer for purposes of increasing vehicle length and passenger capacityend delete to be equipped with 2 readily accessible and fully charged fire extinguishers, as specified, and would require one fire extinguisher to be securely mounted in the driver’s compartment and at least one to be accessible to the passengers. The bill would require the driver or operator of thebegin insert modifiedend insert limousine to notify the passengers of the location of each fire extinguisher prior to the commencement of any trip.

The bill would require the department, not later thanbegin delete July 1, 2015,end deletebegin insert January 1, 2016,end insert to implement a safety inspection program, as specified, of charter-party carriers of passengersbegin insert and passenger stage corporationsend insert that operatebegin insert modifiedend insert limousinesbegin delete that have been modified or extended by an original or final-stage manufacturer for purposes of increasing vehicle length and passenger capacityend delete. The bill would require the department to adopt emergency regulations for this purpose. The bill would require the department to transmit to the Public Utilities Commission inspection data ofbegin insert modifiedend insert limousines inspected pursuant to thisbegin delete program and would require the original manufacturer or final-stage manufacturer of a manufactured or aftermarket limousine, as described, to certify to the department that the vehicle meets all applicable federal and state motor vehicle safety standards.end deletebegin insert program.end insert The bill would also require the department to adopt regulations to establish an inspection fee to be paid by abegin delete singleend delete charter-party carrierbegin insert or passenger stage corporationend insert, as specified. The bill would require the inspection fee to be collected by the Public Utilities Commission and deposited into the Motor Vehicle Account in the State Transportation Fundbegin insert to cover the costs of the inspections conducted by the departmentend insert.

begin insert

(2) Existing law requires that the Department of the California Highway Patrol, upon determining that a tour bus operator has failed, as provided, to comply with certain Vehicle Code provisions or related regulations, recommend to the Public Utilities Commission and other authorities that certain actions be taken against the carrier.

end insert
begin insert

This bill would also apply these requirements to an operator of modified limousines and correct obsolete references.

end insert
begin insert

(3) Existing law requires every passenger stage corporation to furnish the Public Utilities Commission annually a list, prepared under oath, of all vehicles used in transportation for compensation during the preceding year and requires the commission to furnish a copy of this list to the Department of the California Highway Patrol.

end insert
begin insert

This bill would apply these requirements to charter-party carriers of passengers and would require that the list identify each modified limousine and its terminal location. The bill would prohibit the commission from issuing or continuing in effect, any permit, certificate, or authority of a passenger stage corporation or charter-party carrier of passengers that has not submitted the required fee for inspection pursuant to the inspection program. The bill would require the commission, not later than January 1, 2015, to provide the Department of the California Highway Patrol a list of each modified limousine and its terminal location in order for the department to promulgate regulations pursuant to these provisions.

end insert
begin insert

(4) Existing law requires a limousine operated by a charter-party carrier to display a special identification license plate, containing the word “livery.” The special license plate is issued by the Department of Motor Vehicles, and the cost of the special license plate program is funded by the Public Utilities Commission from the Transportation Reimbursement Account.

end insert
begin insert

This bill would repeal these and various other related provisions.

end insert
begin insert

(5) The bill would make other conforming and technical changes.

end insert
begin delete

Because

end delete

begin insert (6)end insertbegin insertend insertbegin insertBecauseend insert a violation ofbegin delete these provisionsend deletebegin insert the bill’s requirementsend insert would be a crime, this bill would impose a state-mandated local program.

begin delete

(2)

end delete

begin insert(7)end insert The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P4    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 1042 of the end insertbegin insertPublic Utilities Codeend insertbegin insert is
2amended to read:end insert

3

1042.  

(a) Every passenger stage corporation shall furnish the
4commissionbegin delete annually, as specified by the commission,end deletebegin insert annually
5withend insert
a list, prepared under oath, of all vehicles used in
6transportation for compensation during the preceding year.begin insert This
7list shall include and identify each modified limousine and the
8terminal location of each modified limousine.end insert
The commission
9shall furnish a copy of this list begin insertidentifying each modified limousine
10and its terminal location end insert
to the Department of the California
11Highwaybegin delete Patrol andend deletebegin insert Patrol. The commission shall also furnish a
12copy of this listend insert
to the corporation’s insurer, if the corporation’s
13accident liability protection is provided by a policy or policies of
14insurance.

begin insert

15(b) The commission shall not issue or continue in effect any
16permit, certificate, or authority of a passenger stage corporation
17that has not submitted fees required for inspection pursuant to
18Section 34500.4 of the Vehicle Code and any associated penalties,
19if applicable.

end insert
begin delete

20(b)

end delete

21begin insert(c)end insert If the passenger stage corporation’s insurer informs the
22commission that the corporation has failed to obtain insurance
23coverage for any vehicle reported on the list, the commission may,
24in addition to any other applicable penalty provided in this part,
25for a first occurrence, suspend the corporation’s certificate or
26impose a fine, or both, and for a second or subsequent occurrence
27may suspend or revoke the certificate or impose a fine, or both.

begin insert

28(d) As used in this section and Section 1042.1, “modified
29limousine” means any vehicle that has been modified, altered, or
30extended in a manner that increases the overall wheelbase of the
P5    1vehicle, exceeding the original equipment manufacturer’s published
2wheelbase dimension for the base model and year of the vehicle,
3in any amount sufficient to accommodate additional passengers
4with a seating capacity of not more than 10 passengers including
5the driver, and is used in the transportation of passengers for hire.
6For purposes of this subdivision, “wheelbase” means the
7longitudinal distance between the vertical centerlines of the front
8and rear wheels.

end insert
9begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 1042.1 is added to the end insertbegin insertPublic Utilities Codeend insertbegin insert,
10to read:end insert

begin insert
11

begin insert1042.1.end insert  

Not later than January 1, 2015, the commission shall
12provide the Department of the California Highway Patrol with a
13list of each passenger stage corporation’s modified limousines
14and their terminal locations in order for the department to
15promulgate regulations pursuant to Section 34500.4 of the Vehicle
16Code.

end insert
17begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 5361 is added to the end insertbegin insertPublic Utilities Codeend insertbegin insert, to
18read:end insert

begin insert
19

begin insert5361.end insert  

“Modified limousine” means any vehicle that has been
20modified, altered, or extended in a manner that increases the
21overall wheelbase of the vehicle, exceeding the original equipment
22manufacturer’s published wheelbase dimension for the base model
23and year of the vehicle, in any amount sufficient to accommodate
24additional passengers with a seating capacity of not more than 10
25passengers including the driver, and is used in the transportation
26of passengers for hire. For purposes of this section, “wheelbase”
27means the longitudinal distance between the vertical centerlines
28of the front and rear wheels.

end insert
29begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 5373.1 of the end insertbegin insertPublic Utilities Codeend insertbegin insert is amended
30to read:end insert

31

5373.1.  

(a) Each application for a charter-party carrier of
32passengers certificate or permit shall be accompanied by a filing
33fee as follows:

34(1) Class A certificates (new): one thousand five hundred dollars
35($1,500).

36(2) Class A certificates (renewal): one hundred dollars ($100).

37(3) Class B certificates (new): one thousand dollars ($1,000).

38(4) Class B certificates (renewal): one hundred dollars ($100).

39(5) Class C certificates (new): one thousand dollars ($1,000).

40(6) Class C certificates (renewal): one hundred dollars ($100).

P6    1(7) Permits (new): one thousand dollars ($1,000).

2(8) Permits (renewal): one hundred dollars ($100).

3(b) The commission shall also require each application to be
4accompanied by a fee to offset the cost of the charter-party carrier
5bus terminal inspections conducted by the Department of the
6California Highway Patrol. The fee shall be fifteen dollars ($15)
7per tour bus, as defined in Section 612 of the Vehicle Code, or a
8maximum of six thousand five hundred dollars ($6,500) for each
9operating carrier.

10(c) The commission shall require each charter-party carrier that
11operates tour buses, as defined in Section 612 of the Vehicle Code,
12to undergo an annual bus terminal inspection conducted by the
13Department of the California Highway Patrol and to pay an annual
14fee of fifteen dollars ($15) per tour bus, or a maximum of six
15thousand five hundred dollars ($6,500), to offset the cost of the
16inspections.

17(d) The commission shall deposit the fees collected pursuant to
18subdivisions (b) and (c) in the Motor Vehicle Account in the State
19Transportation Fundbegin insert to cover the costs of the inspections conducted
20by the department as specified in subdivisions (b) and (c)end insert
.

21begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 5384.2 is added to the end insertbegin insertPublic Utilities Codeend insertbegin insert,
22to read:end insert

begin insert
23

begin insert5384.2.end insert  

(a) Every charter-party carrier of passengers shall
24furnish the commission annually with a list, prepared under oath,
25of all vehicles used in transportation for compensation during the
26preceding year. The list shall include and identify each modified
27limousine and the terminal location of each modified limousine.
28The commission shall furnish a copy of this list identifying each
29modified limousine and its terminal location to the Department of
30the California Highway Patrol.

31(b) The commission shall not issue or continue in effect any
32permit, certificate, or authority of a charter-party carrier of
33passengers that has not submitted fees required for inspection
34pursuant to Section 34500.4 of the Vehicle Code and any
35associated penalties, if applicable.

36(c) Not later than January 1, 2015, the commission shall provide
37the Department of the California Highway Patrol with a list of
38each charter-party carrier’s modified limousines and their terminal
39locations in order for the department to promulgate regulations
40pursuant to Section 34500.4 of the Vehicle Code.

end insert
P7    1begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 5385.6 of the end insertbegin insertPublic Utilities Codeend insertbegin insert is repealed.end insert

begin delete
2

5385.6.  

(a) No charter-party carrier shall operate a limousine
3as defined by Section 5371.4 unless the limousine is equipped with
4the special license plates issued and distributed by the Department
5of Motor Vehicles pursuant to Section 5011.5 of the Vehicle Code.

6(b) The commission shall issue to each charter-party carrier
7operating limousines a permit or certificate for the number of
8vehicles verified by the carrier as employed in providing limousine
9service. The permit or certificate shall be submitted to the
10Department of Motor Vehicles, which will issue to each verified
11vehicle a set of unique, identifying license plates. The department
12shall maintain a record of each set of plates it issues and provide
13a copy of each record to the commission.

14(c) The commission shall recover from any carrier whose permit
15or certificate is cancelled, suspended, or revoked any and all plates
16issued pursuant to this section.

17(d) The special license plate shall be in lieu of the decal required
18to be issued and displayed pursuant to Section 5385.5.

19(e) This section shall become operative on July 1, 1995.

end delete
20begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 5385.7 of the end insertbegin insertPublic Utilities Codeend insertbegin insert is amended
21to read:end insert

22

5385.7.  

A charter-party carrier shall not operate abegin insert modifiedend insert
23 limousine, as definedbegin delete byend deletebegin insert inend insert Sectionbegin delete 5371.4, that has been modified
24or extended for purposes of increasing vehicle length in an amount
25sufficient to accommodate additional passengers,end delete
begin insert 5361,end insert unless the
26begin insert modifiedend insert limousine is equipped with emergency exits at the rear
27of the vehicle as required pursuant to Article 3.4 (commencing
28with Section 27375) of Chapter 5 of Division 12 of the Vehicle
29Code. The commission shall adopt rules to implement this section.

30begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 5387 of the end insertbegin insertPublic Utilities Codeend insertbegin insert is amended
31to read:end insert

32

5387.  

(a) It is unlawful for the owner of a charter-party carrier
33of passengers to permit the operation of a vehicle upon a public
34highway for compensation without (1) having obtained from the
35commission a certificate or permit pursuant to this chapter, (2)
36having complied with the vehicle identification requirements of
37Section 5385begin delete, 5385.5, or 5385.6,end deletebegin insert or 5385.5,end insert and (3) having
38complied with the accident liability protection requirements of
39Section 5391.

P8    1(b) A person who drives a bus for a charter-party carrier without
2having a current and valid driver’s license of the proper class, a
3passenger vehicle endorsement, or the required certificate shall be
4suspended from driving a bus of any kind, including, but not
5limited to, a bus, schoolbus, school pupil activity bus, or transit
6bus, with passengers for a period of five years pursuant to Section
713369 of the Vehicle Code.

8(c) (1) A charter-party carrier shall have its authority to operate
9as a charter-party carrier permanently revoked by the commission
10or be permanently barred from receiving a permit or certificate
11from the commission if it commits any of the following acts:

12(A) Operates a bus without having been issued a permit or
13certificate from the commission.

14(B) Operates a bus with a permit that was suspended by the
15commission pursuant to Section 5378.5.

16(C) Commits three or more liability insurance violations within
17a two-year period for which it has been cited.

18(D) Operates a bus with a permit that was suspended by the
19commission during a period that the charter-party carrier’s liability
20insurance lapsed for which it has been cited.

21(E) Knowingly employs abegin delete busdriverend deletebegin insert bus driverend insert who does not
22have a current and valid driver’s license of the proper class, a
23passenger vehicle endorsement, or the required certificate to drive
24a bus.

25(F) Has one or more buses improperly registered with the
26Department of Motor Vehicles.

27(2) The commission shall not issue a new permit or certificate
28to operate as a charter-party carrier if any officer, director, or owner
29of that charter-party carrier was an officer, director, or owner of
30a charter-party carrier that had its authority to operate as a
31charter-party carrier permanently revoked by the commission or
32that was permanently barred from receiving a permit or certificate
33from the commission pursuant to this subdivision.

34(d) An officer of the Department of the California Highway
35Patrol may impound a bus of a charter-party carrier for 30 days
36pursuant to Section 14602.9 of the Vehicle Code if the officer
37determines that any of the following violations occurred while the
38bus driver was operating the bus of a charter-party carrier:

P9    1(1) The driver was operating the bus of a charter-party carrier
2when the charter-party carrier did not have a permit or certificate
3issued by the commission.

4(2) The driver was operating the bus of a charter-party carrier
5when the charter-party carrier was operating the bus with a
6suspended permit or certificate from the commission.

7(3) The driver was operating the bus of a charter-party carrier
8without having a current and valid driver’s license of the proper
9class, a passenger vehicle endorsement, or the required certificate.

10begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 5390 of the end insertbegin insertPublic Utilities Codeend insertbegin insert is repealed.end insert

begin delete
11

5390.  

The commission shall fund the costs of administering
12the special identification license plate program required by Section
135385.6 of this code and Section 5011.5 of the Vehicle Code,
14including the costs of the Department of Motor Vehicles, from the
15Public Utilities Commission Transportation Reimbursement
16Account.

17The commission shall maintain a prudent level of fund balance
18in the account in any future year. The commission shall consider
19recovering the costs of this program from the limousine operators
20when the fund balance is drawn below a prudent level of reserve.

end delete
21begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 378 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to read:end insert

begin insert
22

begin insert378.end insert  

(a) “Limousine” means any sedan or sport utility vehicle,
23of either standard or extended length, with a seating capacity of
24not more than 10 passengers including the driver, used in the
25transportation of passengers for hire on a prearranged basis within
26this state.

27(b) “Modified limousine” means any vehicle that has been
28modified, altered, or extended in a manner that increases the
29overall wheelbase of the vehicle, exceeding the original equipment
30manufacturer’s published wheelbase dimension for the base model
31and year of the vehicle, in any amount sufficient to accommodate
32additional passengers with a seating capacity of not more than 10
33passengers including the driver, and is used in the transportation
34of passengers for hire. For purposes of this subdivision,
35“wheelbase” means the longitudinal distance between the vertical
36centerlines of the front and rear wheels.

end insert
37begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 5011.5 of the end insertbegin insertVehicle Codeend insertbegin insert is repealed.end insert

begin delete
38

5011.5.  

Every limousine operated by a charter-party carrier,
39as defined by Section 5371.4 of the Public Utilities Code, shall
P10   1display a special identification license plate issued pursuant to
2Section 5385.6 of that code.

3This section shall become operative on July 1, 1995.

end delete
4begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 5011.6 of the end insertbegin insertVehicle Codeend insertbegin insert is repealed.end insert

begin delete
5

5011.6.  

Not later than January 1, 1995, the department and the
6Public Utilities Commission shall adopt a memorandum of
7understanding governing the exchange of information regarding
8vehicle registrations, and reimbursement by the commission of
9the department’s costs in producing and distributing special
10identification license plates for limousines required by Section
115011.5 and Section 5385.6 of the Public Utilities Code.

end delete
12begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 5011.9 of the end insertbegin insertVehicle Codeend insertbegin insert is repealed.end insert

begin delete
13

5011.9.  

(a) The department shall design the license plate
14specified in Section 5011.5 with the word “LIVERY” inscribed
15under the license plate number.

16(b) The department shall issue the license plate specified in
17subdivision (a) on and after six months after the operative date of
18this section.

19(c) The license plate specified in subdivision (a) may be issued
20as an environmental license plate, as defined in Section 5103,
21subject to the fees specified in Sections 5106 and 5108.

end delete
22begin insert

begin insertSEC. 14.end insert  

end insert

begin insertSection 27375 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to
23read:end insert

24

27375.  

(a) Any person who operates abegin delete limousine, as defined
25in subdivision (i) of Section 5371.4 of the Public Utilities Code,
26in any city, county, or city and county, that has been modified or
27extended for purposes of increasing vehicle length in an amount
28sufficient to accommodate additional passengersend delete
begin insert modified
29limousineend insert
shall ensure that the vehicle has at least two rear side
30doors and one or two rear windows, as specified in paragraph (1),
31that the rear seat passengers or all passengers of the vehicle may
32open from the inside of the vehicle in case of any fire or other
33emergency that may require the immediate exit of the passengers
34of the vehicle. A limousine subject to this section shall be equipped
35with both of the following:

36(1) (A) Except as provided in subparagraph (B), at least two
37rear push-out windows that are accessible to all passengers. At
38least one push-out window shall be located on each side of the
39vehicle, unless the design of the limousine precludes the installation
40of a push-out window on one side of the vehicle, in which case
P11   1the second push-out window shall instead be located in the roof
2of the vehicle.

3(B) If the design of the limousine precludes the installation of
4even one push-out window on a side of the vehicle, one push-out
5window shall instead be located in the roof of the vehicle.

6(C) The Department of the California Highway Patrol shall
7establish, by regulation, standards to ensure that window exits are
8operable and sufficient in emergency situations for limousine
9passengers. The department shall ensure that these regulations
10comply with any applicable federal motor vehicle safety standards.

11(2) At least two rear side doors that are accessible to all
12passengers and that may be opened manually by any passenger.
13At least one rear side door shall be located on each side of the
14vehicle. Forbegin delete vehicles modified or extended for purposes of
15increasing vehicle length in an amount sufficient to accommodate
16additional passengersend delete
begin insert modified limousines,end insert on or after July 1, 2015,
17at least one of these side doors shall be located near the driver’s
18compartment and another near the back of the vehicle. These side
19doors shall comply with any applicable federal motor vehicle safety
20standards as deemed necessary by the Department of the California
21Highway Patrol.

22(b) In the case of any fire or other emergency that requires the
23immediate exit of the passengers from the limousine, the driver of
24the limousine shall unlock the doors so that the rear side doors can
25be opened by the passengers from the inside of the vehicle.

26(c) An owner or operator of a limousine shall do all of the
27following:

28(1) Instruct all passengers on the safety features of the vehicle
29prior to the beginning of any trip, including, but not limited to,
30instructions for lowering the partition between the driver and
31passenger compartments and for communicating with the driver
32by the use of an intercom or other onboard or wireless device.

33(2) Disclose to the contracting party and the passengers whether
34the limousine meets the safety requirements described in this
35section.

36(3) If paragraph (3) of subdivision (d) applies, the owner or
37operator of a limousine shall further disclose to the contracting
38party and the passengers that the limousine does not meet the safety
39requirements required in subdivision (a) regarding vehicle escape
P12   1options because of its exempt status, and therefore may pose a
2greater risk to passengers should emergency escape be necessary.

3(d) (1) Subdivision (a) shall apply to allbegin insert modifiedend insert limousines
4begin delete modified or extended for purposes of increasing vehicle length in
5an amount sufficient to accommodate additional passengersend delete
on or
6after July 1, 2015.

7(2) Subdivision (a) shall, beginning January 1, 2016, apply to
8allbegin delete limousines that were modified or extended for purposes of
9increasing vehicle length in an amount sufficient to accommodate
10additional passengersend delete
begin insert vehicles that met the definition of modified
11limousine as described in subdivision (b) of Section 378,end insert
prior to
12July 1, 2015.

13(3) Except as provided in paragraph (4), subdivision (a) shall
14not apply to any limousine manufactured prior to 1970 and that
15has an active transportation charter-party carrier (TCP) number
16begin insert that was issued by the commissionend insert as of August 15, 2013.

17(4) Subdivision (a) shall apply to any limousine manufactured
18prior to 1970 if itbegin delete isend deletebegin insert wasend insert modifiedbegin delete or extended for the purpose of
19increasing vehicle length in an amount sufficient to accommodate
20additional passengersend delete
after August 15, 2013.

21

begin deleteSECTION 1.end delete
22begin insertSEC. 15.end insert  

Section 28062 is added to the Vehicle Code, to read:

23

28062.  

(a) Abegin insert modifiedend insert limousinebegin delete, as defined in subdivision (i)
24of Section 5371.4 of the Public Utilities Code, that has been
25modified or extended by an original or final-stage manufacturer
26for purposes of increasing vehicle length and passenger capacityend delete

27 shall be equipped with two readily accessible and fully charged
28fire extinguishers having at leastbegin insert aend insert 2A10BC 5lb rating and
29maintained in efficient operating condition. One fire extinguisher
30shall be securely mounted in the driver’s compartment and at least
31one shall be accessible to the passengers.

32(b) The driver or operator of abegin insert modifiedend insert limousinebegin delete that has been
33modified or extended by an original or final-stage manufacturer
34for purposes of increasing vehicle length and passenger capacityend delete

35 shall notify the passengers of the location of each fire extinguisher
36prior to the commencement of any trip.

37begin insert

begin insertSEC. 16.end insert  

end insert

begin insertSection 34500 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to
38read:end insert

39

34500.  

The department shall regulate the safe operation of the
40following vehicles:

P13   1(a) Motortrucks of three or more axles that are more than 10,000
2pounds gross vehicle weight rating.

3(b) Truck tractors.

4(c) Buses, schoolbuses, school pupil activity buses, youth buses,
5farm labor vehicles,begin insert modified limousines,end insert and general public
6paratransit vehicles.

7(d) Trailers and semitrailers designed or used for the
8transportation of more than 10 persons, and the towing motor
9vehicle.

10(e) Trailers and semitrailers, pole or pipe dollies, auxiliary
11dollies, and logging dollies used in combination with vehicles
12listed in subdivision (a), (b), (c), or (d). This subdivision does not
13include camp trailers, trailer coaches, and utility trailers.

14(f) A combination of a motortruck and a vehicle or vehicles set
15forth in subdivision (e) that exceeds 40 feet in length when coupled
16together.

17(g) A truck, or a combination of a truck and any other vehicle,
18transporting hazardous materials.

19(h) Manufactured homes that, when moved upon the highway,
20are required to be moved pursuant to a permit as specified in
21Section 35780 or 35790.

22(i) A park trailer, as described in Section 18009.3 of the Health
23and Safety Code, that, when moved upon a highway, is required
24to be moved pursuant to a permit pursuant to Section 35780.

25(j) Any other motortruck not specified in subdivisions (a) to
26(h), inclusive, or subdivision (k), that is regulated by the
27Department of Motor Vehicles, Public Utilities Commission, or
28United States Secretary of the Department of Transportation, but
29only for matters relating to hours of service and logbooks of
30drivers.

31(k) A commercial motor vehicle with a gross vehicle weight
32rating of 26,001 or more pounds or a commercial motor vehicle
33of any gross vehicle weight rating towing a vehicle described in
34subdivision (e) with a gross vehicle weight rating of more than
3510,000 pounds, except combinations including camp trailers, trailer
36coaches, or utility trailers. For purposes of this subdivision, the
37term “commercial motor vehicle” has the meaning defined in
38subdivision (b) of Section 15210.

P14   1

begin deleteSEC. 2.end delete
2begin insertSEC. 17.end insert  

Section 34500.4 is added to the Vehicle Code, to
3read:

4

34500.4.  

(a) The Department of the California Highway Patrol
5begin delete shall have the authority toend deletebegin insert shallend insert conduct safety inspections of all
6begin insert modifiedend insert limousines thatbegin delete have been modified or extended by an
7original or final-stage manufacturer for purposes of increasing
8vehicle length and passenger capacity and thatend delete
are operatedbegin insert by
9 passenger stage corporationsend insert
pursuant tobegin insert Article 2 (commencing
10with Section 1031) of Chapter 5 of Part 1 of Division 1 of the
11Public Utilities Code or by charter-party carriers of passengers
12pursuant toend insert
the Passenger Charter-party Carriers’ Act (Chapter 8
13(commencing with Section 5351) of Division 2 of the Public
14Utilities Code).

15(b) (1) Not later thanbegin delete July 1, 2015,end deletebegin insert January 1, 2016,end insert the
16Department of the California Highway Patrol shall implement a
17safety inspection program of charter-party carriers of passengers
18begin delete whoend deletebegin insert and passenger stage corporations thatend insert operatebegin insert modifiedend insert
19 limousinesbegin delete as described in subdivision (a)end delete. Thebegin insert inspectionend insert program
20shallbegin delete include an inspection of these carriers regarding,end deletebegin insert include,end insert but
21begin insert isend insert not limited to, the safe operation of the vehicle, the installation
22of safety equipment, the retention of maintenance logs, accident
23reports, and records of driver discipline, compliance with federal
24and state motor vehicle safety standards, the examination of a
25preventative maintenance program, and, if ownership of the
26limousine has been transferred, the transmission of relevant safety
27and maintenance information of the limousine.

28(2) Pursuant to the safety inspection program, the department
29shall conduct an inspection of each charter-party carrier of
30passengersbegin insert and passenger stage corporation that operates modified
31limousinesend insert
at least once every 13 months.

32(3) The department shall adopt emergency regulations for
33purposes of this subdivision. The adoption by the department of
34regulations implementing this section shall be deemed to be an
35emergency and necessary to avoid serious harm to the public peace,
36health, safety, or general welfare for purposes of Sections 11346.1
37and 11349.6 of the Government Code, and the department is hereby
38exempted from the requirement that it describe facts showing the
39need for immediate action to the Office of Administrative Law.
P15   1The emergency regulations shall remain in effect for no more than
2one year, by which time final regulations shall be adopted.

3(4) (A) The department shall adopt regulations to establish an
4inspection fee applied tobegin delete each limousine that has been modified
5or extended by an original or final-stage manufacturer for purposes
6of increasing vehicle length and passenger capacity,end delete
begin insert modified
7limousinesend insert
to be collected every 13 months, based on the number
8ofbegin delete vehicles described in subdivision (a)end deletebegin insert modified limousinesend insert
9 operated by a single charter-party carrierbegin delete that shall cover the actual
10cost to perform the inspections.end delete
begin insert or passenger stage corporation.
11The fee shall be in an amount sufficient to offset the costs to
12administer this inspection program and shall not be used to
13supplant or support any other inspection program conducted by
14the department. The fee shall be in addition to any other required
15fee. When developing the regulations, the department shall consider
16measures that increase efficiencies to limit the financial impact to
17charter-party carriers of passengers and passenger stage
18corporations subject to the fee. The department shall promulgate
19the regulations in consultation with appropriate interested parties.end insert

20(B) The fee structure established pursuant to this subdivision
21shall apply tobegin insert modifiedend insert limousines thatbegin delete have been modified or
22extended by an original or final-stage manufacturer for purposes
23of increasing vehicle length and passenger capacity thatend delete
are
24required to undergo a safety inspection pursuant to this section.

25(C) The fee established pursuant to this subdivision shall be
26collected by thebegin delete Californiaend delete Public Utilities Commission and
27deposited into the Motor Vehicle Account in the State
28Transportation Fundbegin insert to cover the costs of the inspections conducted
29by the departmentend insert
.

30(5) Thebegin delete Department of the California Highway Patrolend deletebegin insert departmentend insert
31 shall transmit to the Public Utilities Commission inspection data
32ofbegin insert modified end insertlimousines inspected pursuant to this program, as
33specified in the program regulations.

34(c) Regulations adopted pursuant to this section shall be
35consistent with the established inspection program administered
36by the department for buses pursuant tobegin delete Division 14.8 (commencing
37with Section 34500), and shall require the original manufacturer
38or the final-stage manufacturer of a manufactured or aftermarket
39limousine that has been modified or extended for purposes of
40increasing vehicle length and passenger capacity to certify to the
P16   1department that the vehicle meets all applicable federal and state
2motor vehicle safety standards.end delete
begin insert this division.end insert

3begin insert

begin insertSEC. 18.end insert  

end insert

begin insertSection 34505.1 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to
4read:end insert

5

34505.1.  

(a) Upon determining that a tour busbegin insert or modified
6limousineend insert
operator has either (1) failed to maintain any vehicle
7used in transportation for compensation in a safe operating
8condition or to comply with the Vehicle Code or with regulations
9contained in Title 13 of the California Code of Regulations relative
10to motor carrier safety, and, in the department’s opinion, that failure
11presents an imminent danger to public safety or constitutes such
12a consistent failure as to justify a recommendation to the Public
13Utilities Commission or thebegin delete Interstate Commerce Commissionend delete
14begin insert interstate operating authority or the United States Department of
15Transportationend insert
or (2) failed to enroll all drivers in the pull notice
16system as required by Section 1808.1, the department shall
17recommend to the Public Utilities Commission that the carrier’s
18operating authority be suspended, denied, or revoked, or to the
19begin delete federal Highway Administration Office of Motor Carriers,end deletebegin insert United
20States Department of Transportation,end insert
that appropriate
21administrative action be taken against the carrier’sbegin delete Interstate
22Commerce Commissionend delete
begin insert interstateend insert operating authoritybegin insert or United
23States Department of Transportation numberend insert
, whichever is
24appropriate. For purposes of this subdivision, two consecutive
25unsatisfactory compliance ratings for an inspected terminal
26assigned because the tour busbegin insert or limousineend insert operator failed to
27comply with the periodic report requirements of Section 1808.1
28or the cancellation of the operator’s enrollment by the Department
29of Motor Vehicles for nonpayment of required feesbegin delete isend deletebegin insert may be
30determined by the department to beend insert
a consistent failure. However,
31when recommending denial of an application for new or renewal
32authority, the department need not conclude that the carrier’s failure
33presents an imminent danger to public safety or that it constitutes
34a consistent failure. The department need only conclude that the
35carrier’s compliance with the safety-related matters described in
36paragraph (1) of subdivision (a) is sufficiently unsatisfactory to
37justify a recommendation for denial. The department shall retain
38a record, by operator, of every recommendation made pursuant to
39this section.

P17   1(b) Before transmitting a recommendation pursuant to
2subdivision (a), the department shall notify the carrier in writing
3of all of the following:

4(1) That the department has determined that the carrier’s safety
5record is unsatisfactory, furnishing a copy of any documentation
6or summary of any other evidence supporting the determination.

7(2) That the determination may result in a suspension,
8revocation, or denial of the carrier’s operating authoritybegin insert or United
9States Department of Transportation numberend insert
by the California
10Public Utilities Commission or thebegin delete Interstate Commerce
11Commission.end delete
begin insert United States Department of Transportation, as
12appropriate.end insert

13(3) That the carrier may request a review of the determination
14by the department within five days of its receipt of the notice
15required under this subdivision. If a review is requested by the
16carrier, the department shall conduct and evaluate that review prior
17to transmitting any notification pursuant to subdivision (a).

18

begin deleteSEC. 3.end delete
19begin insertSEC. 19.end insert  

No reimbursement is required by this act pursuant to
20Section 6 of Article XIII B of the California Constitution because
21the only costs that may be incurred by a local agency or school
22district will be incurred because this act creates a new crime or
23infraction, eliminates a crime or infraction, or changes the penalty
24for a crime or infraction, within the meaning of Section 17556 of
25the Government Code, or changes the definition of a crime within
26the meaning of Section 6 of Article XIII B of the California
27Constitution.



O

    89