BILL NUMBER: AB 1574	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 12, 2016
	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   amend, repeal, and add
 Sections 1042 and 5374.5 of, and 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 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.   All of these provisions
of the bill would become operative on January 1, 2018.  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,
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.    Se   ction 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.
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 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 
 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. 
   (e) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date. 
   SEC. 2.    Section 1042 is added to the  
Public Utilities Code   , 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,
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.
   (e) This section shall become operative on January 1, 2018. 
   SEC. 2.   SEC. 3.   Section 1042.2 is
added to the Public Utilities Code, to read:
   1042.2.  (a) The commission, in collaboration with the Department
of Motor Vehicles, shall, on an annual basis, verify that the buses,
limousines, and modified limousines used by a passenger stage
corporation have been reported to the commission by the 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.  
   (d) This section shall become operative on January 1, 2018. 
   SEC. 3.   SEC. 4.   Section 5374.4 is
added to the Public Utilities Code, to read:
   5374.4.  (a) The commission, in collaboration with the Department
of Motor Vehicles, shall, on an annual basis, verify that the buses,
limousines, and modified limousines used by a charter-party carrier
of passengers 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.  
   (d) This section shall become operative on January 1, 2018. 

  SEC. 4.    Section 5374.5 of the Public Utilities
Code is amended to read:
   5374.5.  (a) 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 buses,
limousines, and modified limousines used in transportation for
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. 5.    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
charter-party carrier of passengers shall furnish both the Department
of the California Highway Patrol and the commission a list, prepared
under oath, of all vehicles used in transportation for compensation
during the period since the last inspection. 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) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date. 
   SEC. 6.    Section 5374.5 is added to the  
Public Utilities Code   , to read:  
   5374.5.  (a) Each charter-party carrier of passengers shall
furnish annually to both the Department of the California Highway
Patrol and the commission a list, prepared under oath, of all buses,
limousines, and modified limousines used in transportation for
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).
   (d) This section shall become operative on January 1, 2018. 
   SEC. 5.   SEC. 7.   Section 1686 is
added to the Vehicle Code, to read:
   1686.   (a)    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.

   (b) This section shall become operative on January 1, 2018 
   SEC. 6.   SEC. 8.   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.