BILL NUMBER: AB 1574 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 7, 2016
INTRODUCED BY Assembly Member Chiu
(Principal coauthor: Assembly Member Ting)
(Principal coauthor: Senator Hill)
JANUARY 4, 2016
An act to amend Sections 1042 and 5374.5 of, and to add
Sections 1042.2 and 5374.4 to to, the
Public Utilities Code, and to add Section 1686 to the Vehicle Code,
relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 1574, as amended, 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, in
issuing or renewing a commercial vehicle registration, to require the
owner of a bus, limousine, or modified limousine used by a
charter-party carrier of passengers or a passenger stage corporation
to disclose the name of the carrier or corporation that will be using
the vehicle in its operations. The bill would require the
Public Utilities Commission, in collaboration with the Department of
Motor Vehicles, to annually verify that the buses, limousines, and
modified limousines used by a carrier or corporation have been
reported to the commission by the carrier or corporation, would
require the carriers and corporations to provide the commission with
vehicle registration information for each vehicle, and would prohibit
the commission from issuing or renewing a noncompliant carrier's or
corporation's permit, certificate, or authority. The 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 of the Public
Utilities Code is amended to read:
1042. (a) Every passenger stage corporation shall furnish the
commission annually with a list, prepared under oath, of all vehicles
used in transportation for compensation during the preceding
year. year, including the vehicle
registration information for each vehicle. This list shall
include and identify each modified limousine and the terminal
location of each modified limousine. The commission shall furnish a
copy of this list identifying each modified limousine and its
terminal location to the Department of the California Highway Patrol.
The commission shall also furnish a copy of this list to the
corporation's insurer, if the corporation's accident liability
protection is provided by a policy or policies of insurance.
(b) The commission shall not issue or continue in effect any
permit, certificate, or authority of a passenger stage corporation
that has not submitted the list required by subdivision (a) or
the fees required for inspection pursuant to Section 34500.4 of
the Vehicle Code and any associated penalties, if applicable.
(c) If the passenger stage corporation's insurer informs the
commission that the corporation has failed to obtain insurance
coverage for any vehicle reported on the list, the commission may, in
addition to any other applicable penalty provided in this part, for
a first occurrence, suspend the corporation's certificate or impose a
fine, or both, and for a second or subsequent occurrence may suspend
or revoke the certificate or impose a fine, or both.
(d) As used in this section and Section 1042.1, "modified
limousine" means any vehicle that has been modified, altered, or
extended in a manner that increases the overall wheelbase of the
vehicle, exceeding the original equipment manufacturer's published
wheelbase dimension for the base model and year of the vehicle, in
any amount sufficient to accommodate additional passengers with a
seating capacity of not more than 10 passengers including the driver,
and is used in the transportation of passengers for hire. For
purposes of this subdivision, "wheelbase" means the longitudinal
distance between the vertical centerlines of the front and rear
wheels.
SECTION 1. SEC. 2. Section 1042.2 is
added to the Public Utilities Code, to read:
1042.2. (a) The commission commission, in
collaboration with the Department of Motor Vehicles, shall, on
a continuous an annual 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. corporation.
(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. SEC. 3. Section 5374.4 is
added to the Public Utilities Code, to read:
5374.4. (a) The commission commission, in
collaboration with the Department of Motor Vehicles, shall, on
a continuous an annual basis, verify
with the Department of Motor Vehicles that
the buses, limousines, and modified limousines used by a
charter-party carrier of passengers and have
been 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. 4. Section 5374.5 of the Public
Utilities Code is amended to read:
5374.5. (a) At the time of each bus terminal inspection
conducted by the Department of the California Highway Patrol pursuant
to subdivision (c) of Section 34501 of the Vehicle Code, every
Each charter-party carrier of passengers shall
furnish both the Department of the California Highway Patrol and the
commission annually a list, prepared under oath, of all
vehicles buses, limousines, and
modified limousines used in transportation for
compensation during the period since the last inspection.
compensation, including the vehicle registration information for
each vehicle. The commission shall furnish a copy of the list
to the carrier's insurer, if the carrier's accident liability
protection is provided by a policy of insurance. This subdivision
does not apply to a charter-party carrier of passengers engaged in
the provision of a hired driver service when a rented motor vehicle
is being operated by the hired driver.
(b) If the charter-party carrier's insurer informs the commission
that the carrier has failed to obtain insurance coverage for any
vehicle reported on the list, the commission may, in addition to any
other penalty provided in this chapter, for a first occurrence,
suspend the carrier's certificate or permit or impose a fine, or
both, and for a second or subsequent occurrence may suspend or revoke
the certificate or impose a fine, or both.
(c) The commission shall not issue or continue in effect any
permit or certificate of a charter-party carrier of passengers that
has not submitted the list required by subdivision (a).
SEC. 3. SEC. 5. Section 1686 is
added to the Vehicle Code, to read:
1686. The department, in issuing or renewing a commercial
vehicle registration, shall require the owner of a bus, limousine, or
modified limousine used by a charter-party carrier of passengers or
a passenger stage corporation to disclose the name of the carrier or
corporation that will be using the vehicle in its operations. 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. SEC. 6. 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.