BILL NUMBER: AB 828	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 20, 2015

INTRODUCED BY   Assembly Members Low and Chang
    (   Coauthor:   Assembly Member  
Bonilla  ) 

                        FEBRUARY 26, 2015

   An act to amend Section 260 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 828, as amended, Low. Vehicles: transportation network
companies.
   Existing law defines "commercial vehicle," for the purposes of the
Vehicle Code, as a motor vehicle of a type required to be registered
under that code that is used or maintained for the transportation of
persons for hire, compensation, or profit or designed, used, or
maintained primarily for the transportation of property. Existing
law, the Passenger Charter-party Carriers' Act, provides for the
regulation of transportation network companies by the Public
Utilities Commission. Existing law defines a "transportation network
company" to mean an organization, including, but not limited to, a
corporation, limited liability company, partnership, sole proprietor,
or any other entity, operating in California that provides
prearranged transportation services for compensation using an
online-enabled application or platform to connect passengers with
drivers using a personal vehicle.
   This bill would exclude from the definition of "commercial
vehicle," for purposes of the Vehicle Code, any motor vehicle
operated in connection with a transportation network 
company.   company, if specified conditions are
satisfied. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 260 of the Vehicle Code is amended to read:
   260.  (a) A "commercial vehicle" is a motor vehicle of a type
required to be registered under this code used or maintained for the
transportation of persons for hire, compensation, or profit or
designed, used, or maintained primarily for the transportation of
property.
   (b) Passenger vehicles and house cars that are not used for the
transportation of persons for hire, compensation, or profit are not
commercial vehicles. This subdivision does not apply to Chapter 4
(commencing with Section 6700) of Division 3.
   (c) A vanpool vehicle is not a commercial vehicle.
   (d)  (1)    A motor vehicle operated in
connection with a transportation network company, as defined in
Section 5431 of the Public Utilities Code, is not a commercial
 vehicle.   vehicle if all of the following
conditions are satisfied:  
   (A) The vehicle is operated for passenger service only and is a
passenger vehicle limited to seven passengers, not including the
driver.  
   (B) The vehicle is operated exclusively by the person to whom the
vehicle is registered or insured.  
   (C) The vehicle is not a paratransit vehicle.  
   (D) The vehicle is not operated for public transit services. 

   (E) The vehicle is not operated for school bus services. 

   (2) This subdivision does not change the insurance requirements
established under Section 5433 of the Public Utilities Code for a
transportation network company and any participating driver. This
subdivision does not change the insurance limitations set forth in
Section 5434 of the Public Utilities Code. 
   (e) The definition of a commercial vehicle in this section does
not apply to Chapter 7 (commencing with Section 15200) of Division 6.