BILL ANALYSIS Ó
AB 1677
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Date of Hearing: April 18, 2016
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
AB 1677
(Ting) - As Amended April 20, 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 in which tour buses
operate, for entering into memoranda of understanding with
local governments to increase the number of tour buses
inspected by CHP.
2)Requires that any inspection conducted pursuant to CHP's
protocols not be duplicative of existing inspection
requirements imposed by state law.
EXISTING LAW:
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.
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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
days by the tour bus operator, or more often if necessary to
ensure safe operation.
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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 entering
into memoranda of understanding with local governments to allow
the local government to request that CHP increase the number of
locally operating tour buses inspected by the department
pursuant to existing 13-month inspection requirements. 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
author, this bill would ensure that local communities in which
tour buses operate have the authority to flag and inspect
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problem buses and companies.
Related legislation: AB 1574 (Chiu), requires CPUC to verify
with 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 scheduled to be heard by the Senate
Energy, Utilities and Communications Committee on April 19,
2016.
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
AB 1677
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Consumer Attorneys of California
Honorable Norman Yee, San Francisco Board of Supervisors,
District 7
Opposition
California Association of Highway Patrolmen
California Bus Association
Analysis Prepared by:Justin Behrens / TRANS. / (916) 319-2093