BILL ANALYSIS Ó AB 1677 Page 1 ASSEMBLY THIRD READING AB 1677 (Ting) As Amended May 31, 2016 Majority vote ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Transportation |10-4 |Frazier, Bloom, |Linder, Baker, Kim, | | | |Brown, Chu, Daly, |Mathis | | | |Dodd, Gomez, Medina, | | | | |Nazarian, O'Donnell | | | | | | | |----------------+-----+----------------------+--------------------| |Appropriations |14-6 |Gonzalez, Bloom, |Bigelow, Chang, | | | |Bonilla, Bonta, |Gallagher, Jones, | | | |Calderon, Daly, |Obernolte, Wagner | | | |Eggman, Eduardo | | | | |Garcia, Roger | | | | |Hernández, Holden, | | | | |Quirk, Santiago, | | | | |Weber, Wood | | | | | | | | | | | | ------------------------------------------------------------------ SUMMARY: Requires the California Highway Patrol (CHP) to AB 1677 Page 2 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 any such memorandum of understanding to include a provision that the local government will reimburse CHP for all actual costs associated with conducting additional inspections.3)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. 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 California Public Utilities Commission (CPUC) to AB 1677 Page 3 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. FISCAL EFFECT: According to the Assembly Appropriations Committee, Costs for CHP to develop the protocols and memorandums of understanding (MOUs) would be absorbable. Costs for additional inspections would depend on the added workload, which is unknown. CHP indicates that, for an additional 2,500 bus inspections, annual costs would be about $210,000 (Motor Vehicle Account). Per the most recent amendments, the CHP's inspection costs would be reimbursed by local entities requesting the inspection. AB 1677 Page 4 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 problem buses and companies. AB 1677 Page 5 Please see the policy committee analysis for full discussion of this bill. Analysis Prepared by: Justin Behrens / TRANS. / (916) 319-2093 FN: 0003186