Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1422


Introduced by Assembly Member Cooper

February 27, 2015


An act tobegin delete amendend deletebegin insert addend insert Sectionbegin delete 2108 ofend deletebegin insert 5444 toend insert thebegin delete Vehicle Code,end deletebegin insert Public Utilities Code,end insert relating tobegin delete vehicles.end deletebegin insert transportation.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1422, as amended, Cooper. begin deleteCalifornia Highway Patrol. end deletebegin insertTransportation network companies.end insert

begin insert

Existing law, the Passenger Charter-party Carriers’ Act, provides for the regulation of transportation network companies by the Public Utilities Commission, and imposes specified requirements for liability insurance coverage for those transportation network companies and their participating drivers, as defined. A violation of the act is generally a crime. 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.

end insert
begin insert

This bill would authorize a transportation network company to participate in the Department of Motor Vehicles pull-notice system to regularly check the driving records of a participating driver regardless of whether the participating driver is an employee or an independent contractor of the transportation network company.

end insert
begin delete

Existing law establishes the Department of the California Highway Patrol within the Transportation Agency, which is under the control of a civil executive officer known as the Commissioner of the California Highway Patrol. Existing law requires the commissioner to, among other things, perform all duties and exercise all powers and jurisdiction vested by law in the department.

end delete
begin delete

This bill would make technical, nonsubstantive changes to this provision.

end delete

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 5444 is added to the end insertbegin insertPublic Utilities Codeend insertbegin insert, end insert2immediately following Section 5443begin insert, to read:end insert

begin insert
3

begin insert5444.end insert  

A transportation network company may participate in
4the pull-notice system established pursuant to Section 1808.1 of
5the Vehicle Code to regularly check the driving records of a
6participating driver regardless of whether the participating driver
7is an employee or an independent contractor of the transportation
8network company.

end insert
begin delete9

SECTION 1.  

Section 2108 of the Vehicle Code is amended to
10read:

11

2108.  

(a) The commissioner shall perform all duties, exercise
12all powers and jurisdiction, assume and discharge all
13responsibilities, and carry out and effect all purposes vested by
14law in the department.

15(b) Notwithstanding any other law, the commissioner may
16administratively determine the geographic area of residence of any
17member of the department in order to assure the availability of
18that member for emergency service and the discharge of
19departmental responsibilities.

end delete


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