BILL ANALYSIS Ó
AB 1677
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Date of Hearing: April 11, 2016
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
AB 1677
(Ting) - As Introduced January 19, 2016
SUBJECT: Vehicles: tour buses: safety inspections
SUMMARY: Requires the California Highway Patrol (CHP) to
develop protocols for the inspection of tour buses by local
agencies. Specifically, this bill:
1)Requires CHP to develop protocols, in consultation with
representatives of local government, to allow for the
inspection of tour buses by a local agency of a jurisdiction
in which the tour bus operates.
2)Requires that the protocols include a requirement that the
local agency report its findings to the Public Utilities
Commission (CPUC).
3)Requires that any inspection conducted by a local agency
pursuant to CHP's protocols be in addition to, and not in lieu
of, any existing inspection requirements imposed by state law.
EXISTING LAW:
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1)Defines "charter-party carrier of passengers" (CPC) as a
person engaged in the transportation of persons by motor
vehicle for compensation over any public highway.
2)Defines "passenger stage corporation" (PSC) as a corporation
or person engaged as a common carrier, for compensation, in
the ownership, control, operation, or management of any
passenger stage over any public highway in the state between a
fixed termini or over a regular route, as specified.
3)Establishes the "Passenger Charter-Party Carriers Act," which
directs the CPUC to issue permits or certificates to
charter-party carriers, investigate complaints against
carriers, and cancel, revoke, or suspend permits and
certificates for specific violations.
4)Defines a "bus" as a vehicle designed, used, or maintained for
carrying more than 10 persons, including the driver, which is
used to transport persons for compensation or profit, or is
used by any non-profit organization or group.
5)Defines a "tour bus" as a bus operated by or for a CPC or PSC.
6)Requires CHP to regulate the equipment, maintenance, and safe
operation of tour buses.
7)Requires CHP to inspect every maintenance facility or terminal
of any person who operates any bus and prohibits a person from
operating a bus without this inspection having been conducted.
8)Additionally requires all tour buses to be inspected every 45
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days by the tour bus operator, or more often if necessary to
ensure safe operation.
FISCAL EFFECT: Unknown
COMMENTS: Existing law generally vests CPUC with the
responsibility to regulate CPCs and PSCs. Tour buses operated
by CPCs and PSCs are required to be inspected every 13 months by
CHP and additionally every 45 days by the tour bus operator.
The findings of the inspections carried out by CHP are reported
to CPUC, and tour buses may not legally operate unless the bus
operator's terminal and maintenance facilities have been
inspected. Terminal inspections typically include inspections
of a vehicle's registration, the driver's licensure, and the
condition of the vehicle itself.
Due to the size of tour bus fleets, CHP only inspects a
representative sample of each carrier's fleet in the annual
inspection. According to some estimates, CHP inspects less than
1/3 of all buses, leaving some buses uninspected. Data from CHP
and CPUC indicating the true proportion of vehicles inspected is
not readily available.
This bill would require CHP to develop protocols for a state
standard of tour bus inspections that could be performed by
local agencies of a jurisdiction in which a tour bus operates.
The author cites a number of incidents occurring in San
Francisco that resulted in fatalities and injuries in recent
years as demonstrative of the need to fully inspect tour buses
operating in California. The author believes that if CHP is
unable to adequately inspect the state's tour bus fleet with its
current resources, local agencies should be empowered to perform
those inspections under a standard set by CHP, leaving a smaller
proportion of buses uninspected, and potentially, a smaller
proportion of unsafe vehicles on the road. According to the
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author, this bill would ensure that local communities in which
tour buses operate have the authority to flag and inspect
problem buses and companies.
Committee concerns: Although the author does not intend to
completely duplicate CHP inspections or create local inspections
with differing standards in different jurisdictions, it is
unclear if this bill will restrict the authority of CHP to
conduct its operations and cause a detrimental patchwork of
local regulations to emerge. By authorizing local agencies to
perform some CHP functions, this bill may erode the statewide
consistency of enforcement brought by CHP inspections. The
author should continue to work with CHP, CPUC and organizations
in opposition to this bill to ensure that the functions
performed by local agencies supplement the efforts of CHP, but
do not add a burdensome additional level of local regulation
that subjects a carrier to multiple, differing enforcement
schemes in each jurisdiction in which it operates. This could
potentially be accomplished by requiring local agencies contract
with CHP to augment the department's resources in local
jurisdictions and increase the inspection rate of tour buses or
by specifying under what conditions and what types of
inspections a local agency may perform.
Related legislation: AB 1574 (Chiu), requires CPUC to verify
with the Department of Motor Vehicles (DMV) that the buses,
limousines, and modified limousines used by a PSC or CPC have
been reported and meet safety requirements. AB 1574 passed out
of the Assembly Utilities and Commerce on March 30, 2016, with a
13-0 vote and is scheduled to be heard by this committee on
April 18, 2016.
SB 812 (Hill), requires CHP to develop inspection fees for CPCs
and requires CPCs or PSCs to schedule CHP inspections, as
specified. SB 812 is awaiting a hearing in the Senate
Transportation and Housing Committee.
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Previous legislation: SB 541 (Hill), Chapter 718, Statutes of
2015, codified the State Auditor report's recommendation on
strengthening CPUC's oversight of transportation-related
activities of household good carrier and CPCs.
SB 611 (Hill), Chapter 860, Statutes of 2014, required all
modified limousines, as defined, to be equipped with two fire
extinguishers and required the CHP to develop and implement an
inspection program for modified limousines, as specified.
REGISTERED SUPPORT / OPPOSITION:
Support
City and County of San Francisco
Consumer Attorneys of California
Honorable Norman Yee, San Francisco Board of Supervisors,
District 7
Opposition
California Association of Highway Patrolmen
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California Bus Association
Analysis Prepared by:Justin Behrens / TRANS. / (916) 319-2093