Amended in Assembly August 4, 2014

Amended in Assembly July 1, 2014

Amended in Assembly June 4, 2014

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 to 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, to add Sections 378, 28062, and 34500.4 to, and to repeal Sections 5011.5, 5011.6, and 5011.9 of, the Vehicle Code, relating to vehicles, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

SB 611, as amended, Hill. Modified limousines: inspection program: safety requirements.

(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 passengers 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 highway, subject to certain exceptions, including common carrier passenger stage corporations. 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 a modified limousine, as defined, 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 the modified 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 Januaryend deletebegin insert Julyend insert 1, 2016, to implement a safety inspection program, as specified, ofbegin insert the terminals ofend insert charter-party carriers of passengers and passenger stage corporations that operate modified limousines. 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 of modified limousines inspected pursuant to this program. The bill would also require the department to adopt regulations to establish an inspection fee to be paid by a charter-party carrier or passenger stage corporation, 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 Fund to cover the costs of the inspections conducted by the department.

(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.

This bill would also apply these requirements tobegin delete an operator ofend delete modifiedbegin delete limousinesend deletebegin insert limousine carriersend insert and correct obsolete references.

(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.

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.

(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.

This bill would repeal these and various other related provisions.

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

(6) Because a violation of the bill’s requirements would be a crime, this bill would impose a state-mandated local program.

begin insert

(7) This bill would incorporate additional changes to Section 34500 of the Vehicle Code made by this bill and AB 2752, to take effect if both bills are chaptered and this bill is chaptered last.

end insert
begin delete

(7)

end delete

begin insert(8)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.

begin delete

(8)

end delete

begin insert(9)end insert This bill would declare that it is to take effect immediately as an urgency statute.

Vote: 23. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

P4    1

SECTION 1.  

Section 1042 of the Public Utilities Code is
2amended to read:

3

1042.  

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

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

19(c) If the passenger stage corporation’s insurer informs the
20commission that the corporation has failed to obtain insurance
21coverage for any vehicle reported on the list, the commission may,
22in addition to any other applicable penalty provided in this part,
23for a first occurrence, suspend the corporation’s certificate or
24impose a fine, or both, and for a second or subsequent occurrence
25may suspend or revoke the certificate or impose a fine, or both.

26(d) As used in this section and Section 1042.1, “modified
27 limousine” means any vehicle that has been modified, altered, or
28extended in a manner that increases the overall wheelbase of the
29vehicle, exceeding the original equipment manufacturer’s published
30wheelbase dimension for the base model and year of the vehicle,
31in any amount sufficient to accommodate additional passengers
32with a seating capacity of not more than 10 passengers including
33the driver, and is used in the transportation of passengers for hire.
P5    1For purposes of this subdivision, “wheelbase” means the
2longitudinal distance between the vertical centerlines of the front
3and rear wheels.

4

SEC. 2.  

Section 1042.1 is added to the Public Utilities Code,
5to read:

6

1042.1.  

Not later than January 1, 2015, the commission shall
7provide the Department of the California Highway Patrol with a
8list of each passenger stage corporation’s modified limousines and
9their terminal locations in order for the department to promulgate
10regulations pursuant to Section 34500.4 of the Vehicle Code.

11

SEC. 3.  

Section 5361 is added to the Public Utilities Code, to
12read:

13

5361.  

“Modified limousine” means any vehicle that has been
14modified, altered, or extended in a manner that increases the overall
15wheelbase of the vehicle, exceeding the original equipment
16manufacturer’s published wheelbase dimension for the base model
17and year of the vehicle, in any amount sufficient to accommodate
18additional passengers with a seating capacity of not more than 10
19passengers including the driver, and is used in the transportation
20of passengers for hire. For purposes of this section, “wheelbase”
21means the longitudinal distance between the vertical centerlines
22of the front and rear wheels.

23

SEC. 4.  

Section 5373.1 of the Public Utilities Code is amended
24to read:

25

5373.1.  

(a) Each application for a charter-party carrier of
26passengers certificate or permit shall be accompanied by a filing
27fee as follows:

28(1) Class A certificates (new): one thousand five hundred dollars
29($1,500).

30(2) Class A certificates (renewal): one hundred dollars ($100).

31(3) Class B certificates (new): one thousand dollars ($1,000).

32(4) Class B certificates (renewal): one hundred dollars ($100).

33(5) Class C certificates (new): one thousand dollars ($1,000).

34(6) Class C certificates (renewal): one hundred dollars ($100).

35(7) Permits (new): one thousand dollars ($1,000).

36(8) Permits (renewal): one hundred dollars ($100).

37(b) The commission shall also require each application to be
38accompanied by a fee to offset the cost of the charter-party carrier
39bus terminal inspections conducted by the Department of the
40California Highway Patrol. The fee shall be fifteen dollars ($15)
P6    1per tour bus, as defined in Section 612 of the Vehicle Code, or a
2maximum of six thousand five hundred dollars ($6,500) for each
3operating carrier.

4(c) The commission shall require each charter-party carrier that
5operates tour buses, as defined in Section 612 of the Vehicle Code,
6to undergo an annual bus terminal inspection conducted by the
7Department of the California Highway Patrol and to pay an annual
8fee of fifteen dollars ($15) per tour bus, or a maximum of six
9thousand five hundred dollars ($6,500), to offset the cost of the
10inspections.

11(d) The commission shall deposit the fees collected pursuant to
12subdivisions (b) and (c) in the Motor Vehicle Account in the State
13Transportation Fund to cover the costs of the inspections conducted
14by the department as specified in subdivisions (b) and (c).

15

SEC. 5.  

Section 5384.2 is added to the Public Utilities Code,
16to read:

17

5384.2.  

(a) Every charter-party carrier of passengers shall
18furnish the commission annually with a list, prepared under oath,
19of all vehicles used in transportation for compensation during the
20preceding year. The list shall include and identify each modified
21limousine and the terminal location of each modified limousine.
22The commission shall furnish a copy of this list identifying each
23modified limousine and its terminal location to the Department of
24the California Highway Patrol.

25(b) The commission shall not issue or continue in effect any
26permit, certificate, or authority of a charter-party carrier of
27passengers that has not submitted fees required for inspection
28pursuant to Section 34500.4 of the Vehicle Code and any associated
29penalties, if applicable.

30(c) Not later than January 1, 2015, the commission shall provide
31the Department of the California Highway Patrol with a list of
32each charter-party carrier’s modified limousines and their terminal
33locations in order for the department to promulgate regulations
34pursuant to Section 34500.4 of the Vehicle Code.

35

SEC. 6.  

Section 5385.6 of the Public Utilities Code is repealed.

36

SEC. 7.  

Section 5385.7 of the Public Utilities Code is amended
37to read:

38

5385.7.  

A charter-party carrier shall not operate a modified
39limousine, as defined in Section 5361, unless the modified
40limousine is equipped with emergency exits at the rear of the
P7    1vehicle as required pursuant to Article 3.4 (commencing with
2Section 27375) of Chapter 5 of Division 12 of the Vehicle Code.
3The commission shall adopt rules to implement this section.

4

SEC. 8.  

Section 5387 of the Public Utilities Code is amended
5to read:

6

5387.  

(a) It is unlawful for the owner of a charter-party carrier
7of passengers to permit the operation of a vehicle upon a public
8highway for compensation without (1) having obtained from the
9commission a certificate or permit pursuant to this chapter, (2)
10having complied with the vehicle identification requirements of
11Section 5385 or 5385.5, and (3) having complied with the accident
12liability protection requirements of Section 5391.

13(b) A person who drives a bus for a charter-party carrier without
14having a current and valid driver’s license of the proper class, a
15passenger vehicle endorsement, or the required certificate shall be
16suspended from driving a bus of any kind, including, but not
17limited to, a bus, schoolbus, school pupil activity bus, or transit
18bus, with passengers for a period of five years pursuant to Section
1913369 of the Vehicle Code.

20(c) (1) A charter-party carrier shall have its authority to operate
21as a charter-party carrier permanently revoked by the commission
22or be permanently barred from receiving a permit or certificate
23from the commission if it commits any of the following acts:

24(A) Operates a bus without having been issued a permit or
25certificate from the commission.

26(B) Operates a bus with a permit that was suspended by the
27commission pursuant to Section 5378.5.

28(C) Commits three or more liability insurance violations within
29a two-year period for which it has been cited.

30(D) Operates a bus with a permit that was suspended by the
31commission during a period that the charter-party carrier’s liability
32insurance lapsed for which it has been cited.

33(E) Knowingly employs a busdriver who does not have a current
34and valid driver’s license of the proper class, a passenger vehicle
35endorsement, or the required certificate to drive a bus.

36(F) Has one or more buses improperly registered with the
37Department of Motor Vehicles.

38(2) The commission shall not issue a new permit or certificate
39to operate as a charter-party carrier if any officer, director, or owner
40of that charter-party carrier was an officer, director, or owner of
P8    1a charter-party carrier that had its authority to operate as a
2charter-party carrier permanently revoked by the commission or
3that was permanently barred from receiving a permit or certificate
4from the commission pursuant to this subdivision.

5(d) An officer of the Department of the California Highway
6Patrol may impound a bus of a charter-party carrier for 30 days
7pursuant to Section 14602.9 of the Vehicle Code if the officer
8determines that any of the following violations occurred while the
9busdriver was operating the bus of a charter-party carrier:

10(1) The driver was operating the bus of a charter-party carrier
11when the charter-party carrier did not have a permit or certificate
12issued by the commission.

13(2) The driver was operating the bus of a charter-party carrier
14when the charter-party carrier was operating the bus with a
15suspended permit or certificate from the commission.

16(3) The driver was operating the bus of a charter-party carrier
17without having a current and valid driver’s license of the proper
18class, a passenger vehicle endorsement, or the required certificate.

19

SEC. 9.  

Section 5390 of the Public Utilities Code is repealed.

20

SEC. 10.  

Section 378 is added to the Vehicle Code, to read:

21

378.  

(a) “Limousine” means any sedan or sport utility vehicle,
22of either standard or extended length, with a seating capacity of
23not more than 10 passengers including the driver, used in the
24transportation of passengers for hire on a prearranged basis within
25this state.

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

36

SEC. 11.  

Section 5011.5 of the Vehicle Code is repealed.

37

SEC. 12.  

Section 5011.6 of the Vehicle Code is repealed.

38

SEC. 13.  

Section 5011.9 of the Vehicle Code is repealed.

39

SEC. 14.  

Section 27375 of the Vehicle Code is amended to
40read:

P9    1

27375.  

(a) Any person who operates a modified limousine
2shall ensure that the vehicle has at least two rear side doors and
3one or two rear windows, as specified in paragraph (1), that the
4rear seat passengers or all passengers of the vehicle may open from
5the inside of the vehicle in case of any fire or other emergency that
6may require the immediate exit of the passengers of the vehicle.
7A limousine subject to this section shall be equipped with both of
8the following:

9(1) (A) Except as provided in subparagraph (B), at least two
10rear push-out windows that are accessible to all passengers. At
11least one push-out window shall be located on each side of the
12vehicle, unless the design of the limousine precludes the installation
13of a push-out window on one side of the vehicle, in which case
14the second push-out window shall instead be located in the roof
15of the vehicle.

16(B) If the design of the limousine precludes the installation of
17even one push-out window on a side of the vehicle, one push-out
18window shall instead be located in the roof of the vehicle.

19(C) The Department of the California Highway Patrol shall
20establish, by regulation, standards to ensure that window exits are
21operable and sufficient in emergency situations for limousine
22passengers. The department shall ensure that these regulations
23comply with any applicable federal motor vehicle safety standards.

24(2) At least two rear side doors that are accessible to all
25passengers and that may be opened manually by any passenger.
26At least one rear side door shall be located on each side of the
27vehicle. For modified limousines, on or after July 1, 2015, at least
28one of these side doors shall be located near the driver’s
29compartment and another near the back of the vehicle. These side
30doors shall comply with any applicable federal motor vehicle safety
31standards as deemed necessary by the Department of the California
32Highway Patrol.

33(b) In the case ofbegin delete anyend deletebegin insert aend insert fire or other emergency that requires
34the immediate exit of the passengers from the limousine, the driver
35of the limousine shall unlock the doors so that the rear side doors
36can be opened by the passengers from the inside of the vehicle.

37(c) An owner or operator of a limousine shall do all of the
38following:

39(1) Instruct all passengers on the safety features of the vehicle
40prior to the beginning of any trip, including, but not limited to,
P10   1instructions for lowering the partition between the driver and
2passenger compartments and for communicating with the driver
3by the use of an intercom or other onboard or wireless device.

4(2) Disclose to the contracting party and the passengers whether
5the limousine meets the safety requirements described in this
6section.

7(3) If paragraph (3) of subdivision (d) applies, the owner or
8operator of a limousine shall further disclose to the contracting
9party and the passengers that the limousine does not meet the safety
10requirements required in subdivision (a) regarding vehicle escape
11options because of its exempt status, and therefore may pose a
12greater risk to passengers should emergency escape be necessary.

13(d) (1) Subdivision (a) shall apply to all modified limousines
14begin insert modifiedend insert on or after July 1, 2015.

15(2) Subdivision (a) shall, beginning January 1, 2016, apply to
16all vehicles that met the definition of modifiedbegin delete limousineend deletebegin insert limousine,end insert
17 as described in subdivision (b) of Section 378,begin insert that are modifiedend insert
18 prior to July 1, 2015.

19(3) Except as provided in paragraph (4), subdivision (a) shall
20not apply to any limousine manufacturedbegin delete prior toend deletebegin insert beforeend insert 1970begin delete andend delete
21 that has an active transportation charter-party carrier (TCP) number
22that was issued by the commission as of August 15, 2013.

23(4) Subdivision (a) shall apply to any limousine manufactured begin delete24prior to end delete begin insertbefore end insert1970 if it was modified after August 15, 2013.

25

SEC. 15.  

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

26

28062.  

(a) A modified limousine shall be equipped with two
27readily accessible and fully charged fire extinguishers having at
28least a 2A10BC 5 pound rating and maintained in efficient
29operating condition. One fire extinguisher shall be securely
30mounted in the driver’s compartment and at least one shall be
31accessible to the passengers.

32(b) The driver or operator of a modified limousine shall notify
33the passengers of the location of each fire extinguisher prior to the
34commencement of any trip.

35

SEC. 16.  

Section 34500 of the Vehicle Code is amended to
36read:

37

34500.  

The department shall regulate the safe operation of the
38following vehicles:

39(a) Motortrucks of three or more axles that are more than 10,000
40pounds gross vehicle weight rating.

P11   1(b) Truck tractors.

2(c) Buses, schoolbuses, school pupil activity buses, youth buses,
3farm labor vehicles, modified limousines, and general public
4paratransit vehicles.

5(d) Trailers and semitrailers designed or used for the
6transportation of more than 10 persons, and the towing motor
7vehicle.

8(e) Trailers and semitrailers, pole or pipe dollies, auxiliary
9dollies, and logging dollies used in combination with vehicles
10listed in subdivision (a), (b), (c), or (d). This subdivision does not
11include camp trailers, trailer coaches, and utility trailers.

12(f) A combination of a motortruck and a vehicle or vehicles set
13forth in subdivision (e) that exceeds 40 feet in length when coupled
14together.

15(g) A truck, or a combination of a truck and any other vehicle,
16transporting hazardous materials.

17(h) Manufactured homes that, when moved upon the highway,
18are required to be moved pursuant to a permit as specified in
19Section 35780 or 35790.

20(i) A park trailer, as described in Section 18009.3 of the Health
21and Safety Code, that, when moved upon a highway, is required
22to be moved pursuant to a permit pursuant to Section 35780.

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

29(k) A commercial motor vehicle with a gross vehicle weight
30rating of 26,001 or more pounds or a commercial motor vehicle
31of any gross vehicle weight rating towing a vehicle described in
32subdivision (e) with a gross vehicle weight rating of more than
3310,000 pounds, except combinations including camp trailers, trailer
34coaches, or utility trailers. For purposes of this subdivision, the
35term “commercial motor vehicle” has the meaning defined in
36subdivision (b) of Section 15210.

37begin insert

begin insertSEC. 16.5.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:

P12   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 insertmodified limousines, end insertand 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) begin deleteA truck, end deletebegin insertAny vehicle, end insertor a combination ofbegin delete a truck and any
18other vehicle,end delete
begin insert vehicles,end insert transporting 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.

39

SEC. 17.  

Section 34500.4 is added to the Vehicle Code, to
40read:

P13   1

34500.4.  

(a) begin deleteThe end deletebegin insertNot later than July 1, 2016, the end insertDepartment
2of the California Highway Patrol shallbegin insert implement a program toend insert
3 conduct safety inspections of modifiedbegin delete limousinesend deletebegin insert limousine
4terminalsend insert
that are operated by passenger stage corporations
5pursuant to Article 2 (commencing with Section 1031) of Chapter
65 of Part 1 of Division 1 of the Public Utilities Code or by
7charter-party carriers of passengers pursuant to the Passenger
8Charter-party Carriers’ Act (Chapter 8 (commencing with Section
95351) of Division 2 of the Public Utilities Code).

10(b) (1) begin deleteNot later than January 1, 2016, the Department of the
11California Highway Patrol shall implement a safety inspection
12program of charter-party carriers of passengers and passenger stage
13corporations that operate modified limousines. end delete
The inspection
14program shall include, but is not limited to, the safe operation of
15the vehicle, the installation of safety equipment, the retention of
16maintenance logs, accident reports, and records of driver discipline,
17compliance with federal and state motor vehicle safety standards,
18the examination of a preventative maintenance program, and, if
19ownership of the modified limousine has been transferred, the
20transmission of relevant safety and maintenance information of
21the limousine.

22(2) Pursuant to the safety inspection program, the department
23shall conduct an inspection of eachbegin insert terminal of aend insert charter-party
24carrier of passengers and passenger stage corporation that operates
25modified limousines at least once every 13 months.

26(3) The department shall adopt emergency regulations for
27purposes of this subdivision. The adoption by the department of
28regulations implementing this section shall be deemed to be an
29emergency and necessary to avoid serious harm to the public peace,
30health, safety, or general welfare for purposes of Sections 11346.1
31and 11349.6 of the Government Code, and the department is hereby
32exempted from the requirement that it describe facts showing the
33need for immediate action to the Office of Administrative Law.
34The emergency regulations shall remain in effect for no more than
35one year, by which time final regulations shall be adopted.

36(4) (A) The department shall adopt regulations to establish an
37inspection feebegin delete applied to modified limousinesend delete to be collected every
3813 months, based on the number of modified limousines operated
39by a single charter-party carrier or passenger stage corporation.
40The fee shall be in an amount sufficient to offset the costs to
P14   1administerbegin delete thisend deletebegin insert theend insert inspection program and shall not be used to
2supplant or support any other inspection program conducted by
3the department. The fee shall be in addition to any other required
4fee. When developing the regulations, the department shall consider
5measures that increase efficiencies to limit the financial impact to
6charter-party carriers of passengers and passenger stage
7corporations subject to the fee. The department shall promulgate
8the regulations in consultation with appropriate interested parties.

9(B) The fee structure established pursuant to this subdivision
10shall apply to modified limousines that are required to undergo a
11safety inspection pursuant to this section.

12(C) The fee established pursuant to this subdivision shall be
13collected by the Public Utilities Commission and deposited into
14the Motor Vehicle Account in the State Transportation Fund to
15cover the costs of the inspections conducted by the department.

16(5) The department shall transmit to the Public Utilities
17Commission inspection data of modifiedbegin delete limousinesend deletebegin insert limousine
18terminalsend insert
inspected pursuant to this program, as specified in the
19program regulations.

20(c) Regulations adopted pursuant to this section shall be
21consistent with the established inspection program administered
22by the department for buses pursuant to this division.

23

SEC. 18.  

Section 34505.1 of the Vehicle Code is amended to
24read:

25

34505.1.  

(a) Upon determining that a tour busbegin insert carrierend insert or
26modified limousinebegin delete operatorend deletebegin insert carrierend insert has either (1) failed to
27maintain any vehicle used in transportation for compensation in a
28safe operating condition or to comply with the Vehicle Code or
29with regulations contained in Title 13 of the California Code of
30Regulations relative to motor carrier safety, and, in the
31department’s opinion, that failure presents an imminent danger to
32public safety or constitutes such a consistent failure as to justify
33a recommendation to the Public Utilities Commission or the
34begin delete interstate operating authority or the end delete United States Department of
35Transportation or (2) failed to enroll all drivers in the pull notice
36system as required by Section 1808.1, the department shall
37recommend to the Public Utilities Commission that the carrier’s
38operating authority be suspended, denied, or revoked, or to the
39United States Department ofbegin delete Transportation,end deletebegin insert Transportation end insertthat
40appropriate administrative action be taken against the carrier’s
P15   1interstate operatingbegin delete authority or United States Department of
2Transportation numberend delete
begin insert authorityend insert, whichever is appropriate. For
3purposes of this subdivision, two consecutive unsatisfactory
4compliance ratings for an inspected terminal assigned because the
5tour busbegin insert carrierend insert or modified limousinebegin delete operatorend deletebegin insert carrierend insert failed to
6comply with the periodic report requirements of Section 1808.1
7or the cancellation of thebegin delete operator’send deletebegin insert carrier’s end insertenrollment by the
8Department of Motor Vehicles for nonpayment of required fees
9may be determined by the department to be a consistent failure.
10However, when recommending denial of an application for new
11or renewal authority, the department need not conclude that the
12carrier’s failure presents an imminent danger to public safety or
13that it constitutes a consistent failure. The department need only
14conclude that the carrier’s compliance with the safety-related
15matters described in paragraph (1) of subdivision (a) is sufficiently
16unsatisfactory to justify a recommendation for denial. The
17department shall retain a record, bybegin delete operatorend deletebegin insert carrierend insert, of every
18recommendation made pursuant to this section.

19(b) Before transmitting a recommendation pursuant to
20subdivision (a), the department shall notify the carrier in writing
21of all of the following:

22(1) That the department has determined that the carrier’s safety
23record is unsatisfactory, furnishing a copy of any documentation
24or summary of any other evidence supporting the determination.

25(2) That the determination may result in a suspension,
26revocation, or denial of the carrier’s operating authoritybegin delete or United
27States Department of Transportation numberend delete
by the Public Utilities
28Commission or the United States Department of Transportation,
29as appropriate.

30(3) That the carrier may request a review of the determination
31by the department within five days of its receipt of the notice
32required under this subdivision. If a review is requested by the
33carrier, the department shall conduct and evaluate that review prior
34to transmitting any notification pursuant to subdivision (a).

35begin insert

begin insertSEC. 19.end insert  

end insert
begin insert

Section 16.5 of this bill incorporates amendments to
36Section 34500 of the Vehicle Code proposed by both this bill and
37Assembly Bill 2752. It shall only become operative if (1) both bills
38are enacted and become effective on or before January 1, 2015,
39but this bill becomes operative first, (2) each bill amends Section
4034500 of the Vehicle Code, and (3) this bill is enacted after
P16   1Assembly Bill 2752, in which case Section 34500 of the Vehicle
2Code, as amended by Section 16 of this bill, shall remain operative
3only until the operative date of Assembly Bill 2752, at which time
4Section 16.5 of this bill shall become operative.

end insert
5

begin deleteSEC. 19.end delete
6begin insertSEC. 20.end insert  

No reimbursement is required by this act pursuant to
7Section 6 of Article XIII B of the California Constitution because
8the only costs that may be incurred by a local agency or school
9district will be incurred because this act creates a new crime or
10infraction, eliminates a crime or infraction, or changes the penalty
11for a crime or infraction, within the meaning of Section 17556 of
12the Government Code, or changes the definition of a crime within
13the meaning of Section 6 of Article XIII B of the California
14Constitution.

15

begin deleteSEC. 20.end delete
16begin insertSEC. 21.end insert  

This act is an urgency statute necessary for the
17immediate preservation of the public peace, health, or safety within
18the meaning of Article IV of the Constitution and shall go into
19immediate effect. The facts constituting the necessity are:

20In order to ensure that passenger safety requirements for modified
21limousines become effective at the earliest possible time, it is
22necessary that this act take effect immediately.



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