California Legislature—2015–16 Regular Session

Assembly Bill No. 1574

Introduced by Assembly Member Chiu

(Principal coauthor: Assembly Member Ting)

(Principal coauthor: Senator Hill)

January 4, 2016

An act to add Sections 1042.2 and 5374.4 to the Public Utilities Code, and to add Section 1686 to the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

AB 1574, as introduced, Chiu. Vehicles of charter-party carriers of passengers and passenger stage corporations.

Existing law provides for the Department of Motor Vehicles to register vehicles used on the public streets and highways and to verify insurance coverage. Existing law provides for the Public Utilities Commission to regulate certain classes of passenger carriers, including charter-party carriers of passengers and passenger stage corporations, and to issue certificates or permits in that regard. Existing law requires the Department of the California Highway Patrol to regulate the safe operation of certain classes of vehicles, including buses and modified limousines. Existing law requires charter-party carriers of passengers and passenger stage corporations to report the vehicles they use in their operations to the commission. A violation of provisions governing charter-party carriers of passengers and passenger stage corporations is a crime.

This bill would require the Department of Motor Vehicles to notify the Public Utilities Commission when a charter-party carrier of passengers or a passenger stage corporation first registers a bus, limousine, or modified limousine with the department, and to provide information to the commission that will allow the commission to identify the vehicle. The bill would require the commission, with respect to those newly registered buses, limousines, or modified limousines, to ensure that the vehicles meet all statutory and regulatory requirements for safe operation. The bill, upon the commission becoming aware of a bus, limousine, or modified limousine of a charter-party carrier of passengers or a passenger stage corporation that has not been reported to the commission by the carrier or corporation, would require the commission to immediately take steps to require the carrier or corporation to update its reporting of vehicles to the commission and to request the Department of the California Highway Patrol to conduct a safety inspection of the vehicle. The bill would prohibit use of such a bus, limousine, or modified limousine to transport passengers in the absence of securing a satisfactory rating from the Department of the California Highway Patrol, and would authorize a law enforcement agency to impound a bus, limousine, or modified limousine operated in violation of this provision. Because a violation of certain provisions of the bill would be a crime, this bill would impose a state-mandated local program.

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:

SECTION 1.  

Section 1042.2 is added to the Public Utilities
Code, to read:

1042.2.  

(a) The commission shall, on a continuous basis, verify
with the Department of Motor Vehicles that the buses, limousines,
and modified limousines used by a passenger stage corporation
have been reported to the commission by the carrier.

(b) The commission, with respect to newly registered buses,
limousines, or modified limousines of passenger stage corporations
reported by the Department of Motor Vehicles to the commission
pursuant to Section 1686 of the Vehicle Code, shall ensure that
the newly registered buses, limousines, or modified limousines
meet all statutory and regulatory requirements for safe operation.

(c) (1) If the commission becomes aware, pursuant to Section
1686, of a newly registered bus, limousine, or modified limousine
of the passenger stage corporation that has not been reported to
the commission by the corporation, the commission shall
immediately take steps to require the corporation to update its
reporting of buses, limousines, and modified limousines to the
commission and to request the Department of the California
Highway Patrol to conduct a safety inspection of the bus,
limousine, or modified limousine.

(2) A passenger stage corporation may not transport passengers
on a bus, limousine, or modified limousine described in paragraph
(1) in the absence of securing a satisfactory rating from the
Department of the California Highway Patrol for the bus,
limousine, or modified limousine. A bus, limousine, or modified
limousine operated in violation of this section may be impounded
by a law enforcement agency.

(3) The commission may impose a penalty against the affected
corporation for a violation of paragraph (2) and may suspend or
revoke the corporation’s operating certificate, as provided in this
article.

SEC. 2.  

Section 5374.4 is added to the Public Utilities Code,
to read:

5374.4.  

(a) The commission shall, on a continuous basis, verify
with the Department of Motor Vehicles the buses, limousines, and
modified limousines used by a charter-party carrier of passengers
and reported to the commission by the carrier.

(b) The commission, with respect to newly registered buses,
limousines, or modified limousines of charter-party carriers of
passengers reported by the Department of Motor Vehicles to the
commission pursuant to Section 1686 of the Vehicle Code, shall
ensure that the newly registered buses, limousines, or modified
limousines meet all statutory and regulatory requirements for safe
operation.

(c) (1) If the commission becomes aware, pursuant to Section
1686, of a newly registered bus, limousine, or modified limousine
of the charter-party carrier of passengers that has not been reported
to the commission by the carrier, the commission shall immediately
take steps to require the carrier to update its reporting of buses,
limousines, and modified limousines to the commission and to
request the Department of the California Highway Patrol to conduct
a safety inspection of the bus, limousine, or modified limousine.

(2) A charter-party carrier of passengers may not transport
passengers on a bus, limousine, or modified limousine subject to
a safety inspection pursuant to paragraph (1) in the absence of
securing a satisfactory rating from the Department of the California
Highway Patrol for the bus, limousine, or modified limousine. A
bus, limousine, or modified limousine operated in violation of this
section may be impounded by a law enforcement agency.

(3) The commission may impose a penalty against the affected
carrier for a violation of paragraph (2) and may suspend or revoke
the carrier’s operating certificate or permit, as provided in this
chapter.

SEC. 3.  

Section 1686 is added to the Vehicle Code, to read:

1686.  

The department shall notify the Public Utilities
Commission when a charter-party carrier of passengers or a
passenger stage corporation first registers a bus, limousine, or
modified limousine with the department, and shall provide
information to the commission that will allow the commission to
identify the vehicle.

SEC. 4.  

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