Amended in Senate March 17, 2016

Amended in Senate February 12, 2016

Senate BillNo. 812


Introduced by Senator Hill

(Principal coauthors: Assembly Members Chiu and Ting)

January 4, 2016


An act to amend Section 5373.1 of, and to add Sections 1033.6 and 5374.4 to, the Public Utilities Code, and to amend Sections 612,begin insert 34501,end insert 34505, 34505.1, and 34513 of, and to addbegin delete Sectionend deletebegin insert Sectionsend insert 34505.2begin insert and 34505.3end insert to, the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

SB 812, as amended, Hill. Charter-party carriers of passengers and passenger stage corporations.

(1) Existing law defines a tour bus to include any bus operated by or for a charter-party carrier of passengers or a passenger stage corporation, with a bus in this respect defined to mean any vehicle designed, used, or maintained for carrying more than 10 persons, including the driver. Existing law provides for the Department of the California Highway Patrol to regulate the safe operation of various classes of vehicles, including tour buses. Existing law requires charter-party carriers of passengers, upon initial application and annually thereafter, to pay tour bus terminal inspection fees of $15 per tour bus, up to a maximum of $6,500, to offset the costs of inspections of the Department of the California Highway Patrol, and requires the Public Utilities Commission to collect these fees and to deposit fee revenues in the Motor Vehicle Account. Existing law does not impose similar fees on passenger stage corporations. A violation of various statutes and regulations governing tour buses and operators of tour buses is a crime.

begin insert

Existing law also requires the Department of the California Highway Patrol, at least once every 13 months, to inspect every maintenance facility or terminal of any person who at any time operates any bus. Existing law requires that if the bus operation includes more than 100 buses, the inspection shall be without prior notice.

end insert
begin insert

This bill would additionally authorize the department to inspect a maintenance facility or terminal that receives 2 or more successive satisfactory ratings once every 26 months. The bill would also require the department to inspect a maintenance facility or terminal that receives an unsatisfactory rating every 6 months until the operator achieves a satisfactory rating, unless the satisfactory rating is the result of a reinspection, as specified.

end insert

This bill would require the Department of the California Highway Patrol, by regulation, to develop and adopt bus terminal inspection feesbegin insert that are scaled andend insert applicable to charter-party carriers of passengers and passenger stage corporations that operate one or more tour buses, to replace existing fees, in an amount sufficient to offset the costs to administer the inspection program for these companies, as specified. The bill would require the fees to be collected by the Public Utilities Commission in the case of charter-party carriers of passengers or as otherwise required by the regulations.begin insert The bill would provide that an operating carrier may not be charged more than $6,500 in fees.end insert The bill would make other conforming changes.

This bill would require the Department of the California Highway Patrol, by regulation, to modify its existing tour bus terminal inspectionbegin delete programend deletebegin insert program, beginning no later than January 1, 2018,end insert to ensure that thebegin insert performance-basedend insert programbegin delete is performance-based, with parameters to evaluate and target on-site inspections of tour buses operated by or for charter-party carriers of passengers and passenger stage corporations. The bill would require the tour bus terminal inspection program to prioritize newly acquired tour buses operated by charter-party carriers of passengers and passenger stage corporations, as well as affectedend deletebegin insert targetsend insert companies that arebegin delete noncompliant orend deletebegin insert noncompliant,end insert have a history of noncompliance with safety laws orbegin delete regulations.end deletebegin insert regulations, or have received unsatisfactory ratings and to prioritize those companies for unannounced surprise inspections.end insert The bill would also require no fewer thanbegin delete 25%end deletebegin insert 10%end insert of the total number of tour bus carrier inspections conducted by the department to be unannounced surprise inspections.begin insert The bill would require the department to conduct a followend insertbegin insertup inspection 30 days after an operator end insertbegin insertreceives an unsatisfactory rating.end insert

This bill would require a charter-party carrier of passengers or a passenger stage corporation, prior to operating a newly acquired tourbegin delete bus,end deletebegin insert bus that is more than 2 years old,end insert to first schedule an inspection of the tour bus with, and obtain a satisfactory rating for the tour bus from, the department. The bill would also require the Department of the California Highway Patrol, upon determining that the condition of a tour bus is such that it has multiple safety violations of a nature that operation of the tour bus could constitute an imminent danger to public safety, to immediately order the tour bus out of service, and would prohibit operation of the tour bus until all of the safety violations have been corrected and the department has verified the correction of the safety violations upon a subsequent inspection of the tour bus. By changing the definition of existing crimes and creating new crimes, the bill would impose a state-mandated local program.

begin insert

This bill would require, beginning January 1, 2018, a charter-party carrier of passengers or a passenger stage corporation operating tour buses that applies for renewal of the registration of its vehicles to provide proof of its most recent bus terminal inspection with a satisfactory rating by the department.

end insert

This bill would also require the Department of the California Highway Patrol to conduct a comprehensive review of the statutes and regulations governing tour buses, as well as buses generally, with the objective of identifying opportunities for simplification, consolidation, avoidance of duplication, and consistent use of terminology, as specified. The bill would require a report containing the department’s recommendations for proposed statutory changes to be submitted to the policy committees of both houses of the Legislature with responsibility for transportation matters by January 1, 2018.

(2) Existing law provides for the regulation of passenger stage corporations and charter-party carriers of passengers by the Public Utilities Commission.

This bill would require the commission to monitor the recall notifications of the National Highway Traffic Safety Administration (NHTSA) relative tobegin delete buses and limousinesend deletebegin insert buses, limousines, and modified limousinesend insert operated by passenger stage corporations and charter-party carriers of passengers. The bill would require the commission, upon determining that abegin delete limousine or busend deletebegin insert bus, limousine, or modified limousineend insert is the subject of a safetybegin delete recall, to notify the carrier and order affected vehicles out of service. The bill would prohibit a carrier from operating a limousine or bus that is the subject of a safety recall after being notified by the commission or otherwise becoming aware of the recall. The bill would require carriers to fix the safety defects of an affected vehicle before returning it to service and to submit written documentation to the commission in that regard. The bill would require the commission, upon determining that the safety defects have been fixed, to rescind its out-of-service order and notify the carrier that the vehicle may again be operated.end deletebegin insert recall by NHTSA that involves parts or accessories necessary for the safe operation of the vehicle, as defined, to contact any passenger stage corporation or charter-party carrier of passengers affected by the recall to ensure that the certificate holder or permittee is aware of it and has a plan in place to correct the defect. The bill would authorize the commission to issue an out-of-service order for any vehicle affected by the recall until the recall repair is completed.end insert Because a violation of provisions governing passenger stage corporations and charter-party carriers of passengers is a crime, this bill would impose a state-mandated local program by creating new crimes.

(3) 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:

P4    1

SECTION 1.  

Section 1033.6 is added to the Public Utilities
2Code
, to read:

3

1033.6.  

(a) The commission shall monitor the recall
4notifications of the National Highway Traffic Safety
5Administration (NHTSA) relative tobegin delete buses and limousinesend deletebegin insert buses,
6limousines, and modified limousinesend insert
operated by passenger stage
7corporations in this state and shall subscribe to NHTSA’s electronic
8mail notification system.

9(b) begin insert(1)end insertbegin insertend insert Upon determining that a begin delete limousine or busend delete begin insert bus,
10limousine, or modified limousineend insert
of a passenger stage corporation
11is the subject of a safety recall bybegin delete NHTSA,end deletebegin insert NHTSA that involves
P5    1parts or accessories necessary for the safe operation of the vehicle,end insert

2 the commission shall immediatelybegin delete notify the affected passenger
3stage corporation and shall order affected vehicles to be placed
4out of service.end delete
begin insert contact any passenger stage corporation affected
5by the recall to ensure that the certificate holder or permittee is
6aware of the recall and has a plan in place to correct the defect.end insert

begin delete

7(c) A passenger stage corporation shall not operate a limousine
8or bus that is the subject of a safety recall by NHTSA after being
9notified by the commission pursuant to subdivision (b), or
10otherwise becoming aware of the recall, and shall fix the safety
11defects of an affected vehicle before returning it to service.

12(d) Upon completing necessary repairs to an affected vehicle,
13the passenger stage corporation shall submit written documentation
14to the commission. The commission, upon determining that the
15safety defects have been fixed, shall rescind its out of service order
16and notify the passenger stage corporation that the vehicle may
17again be operated.

end delete
begin insert

18(2) As used in this section, “parts or accessories necessary for
19the safe operation of the vehicle” has the same meaning as
20described in Part 393 of Title 49 of the Code of Federal
21Regulations.

end insert
begin insert

22(c) The commission may issue an out-of-service order for any
23vehicle affected by the recall if the recall involves parts or
24accessories necessary for the safe operation of the vehicle, which
25order shall remain in effect until the recall repair of the vehicle is
26completed.

end insert
27

SEC. 2.  

Section 5373.1 of the Public Utilities Code is amended
28to read:

29

5373.1.  

(a) Each application for a charter-party carrier of
30passengers certificate or permit shall be accompanied by a filing
31fee as follows:

32(1) Class A certificates (new): one thousand five hundred dollars
33($1,500).

34(2) Class A certificates (renewal): one hundred dollars ($100).

35(3) Class B certificates (new): one thousand dollars ($1,000).

36(4) Class B certificates (renewal): one hundred dollars ($100).

37(5) Class C certificates (new): one thousand dollars ($1,000).

38(6) Class C certificates (renewal): one hundred dollars ($100).

39(7) Permits (new): one thousand dollars ($1,000).

40(8) Permits (renewal): one hundred dollars ($100).

P6    1(b) The commission shall also require each application to be
2accompanied by a fee to offset the cost of the charter-party carrier
3bus terminal inspections conducted by the Department of the
4California Highway Patrol. The fee shall be fifteen dollars ($15)
5per tour bus, as defined in Section 612 of the Vehicle Code, or a
6maximum of six thousand five hundred dollars ($6,500) for each
7operating carrier, until the effective date of the new fee structure
8established by the Department of the California Highway Patrol
9pursuant to subdivision (b) of Section 34513 of the Vehicle Code.

10(c) The commission shall require each charter-party carrier that
11operates tour buses, as defined in Section 612 of the Vehicle Code,
12to undergo an annual bus terminal inspection conducted by the
13Department of the California Highway Patrol and to pay an annual
14fee of fifteen dollars ($15) per tour bus, or a maximum of six
15thousand five hundred dollars ($6,500), to offset the cost of the
16inspections, until the effective date of the new fee structure
17established by the Department of the California Highway Patrol
18pursuant to subdivision (b) of Section 34513 of the Vehicle Code.

19(d) The commission shall deposit the fees collected pursuant to
20subdivisions (b) and (c) in the Motor Vehicle Account in the State
21Transportation Fund to cover the costs of the inspections conducted
22by the department as specified in subdivisions (b) and (c). The
23revenues from the fees shall not be used to supplant other sources
24of funding for, or otherwise support, any other inspection program
25conducted by the department.

26

SEC. 3.  

Section 5374.4 is added to the Public Utilities Code,
27to read:

28

5374.4.  

(a) The commission shall monitor the recall
29notifications of the National Highway Traffic Safety
30Administration (NHTSA) relative tobegin delete buses and limousinesend deletebegin insert buses,
31limousines, and modified limousinesend insert
operated by charter-party
32carriers of passengers in this state and shall subscribe to NHTSA’s
33electronic mail notification system.

34(b) begin insert(1)end insertbegin insertend insert Upon determining that abegin delete limousine or busend deletebegin insert bus,
35limousine, or modified limousineend insert
of a charter-party carrier of
36passengers is the subject of a safety recall bybegin delete NHTSA,end deletebegin insert NHTSA
37that involves parts or accessories necessary for the safe operation
38of the vehicle,end insert
the commission shall immediatelybegin delete notify the affected
39charter-party carrier of passengers and shall order affected vehicles
40to be placed out of service.end delete
begin insert contact any charter-party carrier of
P7    1passengers affected by the recall to ensure that the certificate
2holder or permittee is aware of the recall and has a plan in place
3to correct the defect.end insert

begin delete

4(c) A charter-party carrier of passengers shall not operate a
5limousine or bus that is the subject of a safety recall by NHTSA
6after being notified by the commission pursuant to subdivision
7(b), or otherwise becoming aware of the recall, and shall fix the
8safety defects of an affected vehicle before returning it to service.

9(d) Upon completing necessary repairs to an affected vehicle,
10the charter-party carrier of passengers shall submit written
11documentation to the commission. The commission, upon
12determining that the safety defects have been fixed, shall rescind
13its out-of-service order and notify the charter-party carrier of
14passengers that the vehicle may again be operated.

end delete
begin insert

15(2) As used in this section, “parts or accessories necessary for
16the safe operation of the vehicle” has the same meaning as
17described in Part 393 of Title 49 of the Code of Federal
18Regulations.

end insert
begin insert

19(c) The commission may issue an out-of-service order for any
20vehicle affected by the recall if the recall, involves parts or
21accessories necessary for the safe operation of the vehicle, which
22order shall remain in effect until the recall repair of the vehicle is
23completed.

end insert
24

SEC. 4.  

Section 612 of the Vehicle Code is amended to read:

25

612.  

“Tour bus” means a vehicle designed, used, or maintained
26for carrying more than 10 persons, including the driver, which is
27operated by or for a charter-party carrier of passengers, as defined
28in Section 5360 of the Public Utilities Code, or a passenger stage
29corporation, as defined in Section 226 of the Public Utilities Code.

30begin insert

begin insertSEC. end insertbegin insert5end insertbegin insert.end insert  

end insert

begin insertSection 34501 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to read:end insert

31

34501.  

(a) (1) The department shall adopt reasonable rules
32and regulations that, in the judgment of the department, are
33designed to promote the safe operation of vehicles described in
34Section 34500, regarding, but not limited to, controlled substances
35and alcohol testing of drivers by motor carriers, hours of service
36of drivers, equipment, fuel containers, fueling operations,
37inspection, maintenance, recordkeeping, accident reports, and
38drawbridges. The rules and regulations shall not, however, be
39applicable to schoolbuses, which shall be subject to rules and
40regulations adopted pursuant to Section 34501.5.

P8    1The rules and regulations shall exempt local law enforcement
2agencies, within a single county, engaged in the transportation of
3inmates or prisoners when those agencies maintain other motor
4vehicle operations records which furnish hours of service
5information on drivers which are in substantial compliance with
6the rules and regulations. This exemption does not apply to any
7local law enforcement agency engaged in the transportation of
8inmates or prisoners outside the county in which the agency is
9located, if that agency would otherwise be required, by existing
10law, to maintain driving logs.

11(2) The department may adopt rules and regulations relating to
12commercial vehicle safety inspection and out-of-service criteria.
13In adopting the rules and regulations, the commissioner may
14consider the commercial vehicle safety inspection and
15out-of-service criteria adopted by organizations such as the
16Commercial Vehicle Safety Alliance , other intergovernmental
17safety group, or the United States Department of Transportation.
18The commissioner may provide departmental representatives to
19that alliance or other organization for the purpose of promoting
20the continued improvement and refinement of compatible
21nationwide commercial vehicle safety inspection and out-of-service
22criteria.

23(3) The commissioner shall appoint a committee of 15 members,
24consisting of representatives of industry subject to the regulations
25to be adopted pursuant to this section, to act in an advisory capacity
26to the department, and the department shall cooperate and confer
27with the advisory committee so appointed. The commissioner shall
28appoint a separate committee to advise the department on rules
29and regulations concerning wheelchair lifts for installation and use
30on buses, consisting of persons who use the wheelchair lifts,
31representatives of transit districts, representatives of designers or
32manufacturers of wheelchairs and wheelchair lifts, and
33representatives of the Department of Transportation.

34(4) The department may inspect any vehicles in maintenance
35facilities or terminals, as well as any records relating to the dispatch
36of vehicles or drivers, and the pay of drivers, to assure compliance
37with this code and regulations adopted pursuant to this section.

38(b) The department, using the definitions adopted pursuant to
39Section 2402.7, shall adopt regulations for the transportation of
40hazardous materials in this state, except the transportation of
P9    1materials which are subject to other provisions of this code, that
2the department determines are reasonably necessary to ensure the
3safety of persons and property using the highways. The regulations
4may include provisions governing the filling, marking, packing,
5labeling, and assembly of, and containers that may be used for,
6hazardous materials shipments, and the manner by which the
7shipper attests that the shipments are correctly identified and in
8proper condition for transport.

9(c) begin deleteAt end deletebegin insert(1)end insertbegin insertend insertbegin insertExcept as provided in paragraphs (2) and (3), at end insertleast
10once every 13 months, the department shall inspect every
11maintenance facility or terminal of any person who at any time
12operates any bus. If the bus operation includes more than 100
13buses, the inspection shall be without prior notice.

begin insert

14(2) A maintenance facility or terminal that receives two or more
15successive satisfactory ratings may be inspected once every 26
16months unless the satisfactory rating is the result of a reinspection
17required pursuant to paragraph (2) of subdivision (c) of Section
1834513.

end insert
begin insert

19(3) A maintenance facility or terminal that receives an
20unsatisfactory rating shall be inspected every six months until the
21operator achieves a satisfactory rating.

end insert

22(d) The commissioner shall adopt and enforce regulations which
23will make the public or private users of any bus aware of the
24operator’s last safety rating.

25(e) It is unlawful and constitutes a misdemeanor for any person
26to operate any bus without the inspection specified in subdivision
27(c) having been conducted.

28(f) The department may adopt regulations restricting or
29prohibiting the movement of any vehicle from a maintenance
30facility or terminal if the vehicle is found in violation of this code
31or regulations adopted pursuant to this section.

32

begin deleteSEC. 5.end delete
33begin insertSEC. 6.end insert  

Section 34505 of the Vehicle Code is amended to read:

34

34505.  

(a) Tour bus operators shall, in addition to the
35systematic inspection, maintenance, and lubrication services
36required of all motor carriers, require each tour bus to be inspected
37at least every 45 days, or more often if necessary to ensure safe
38operation. This inspection shall include, but not be limited to, all
39of the following:

40(1) Brake adjustment.

P10   1(2) Brake system components and leaks.

2(3) Steering and suspension systems.

3(4) Tires and wheels.

4(b) A tour bus shall not be used to transport passengers until all
5defects listed during the inspection conducted pursuant to
6subdivision (a) have been corrected and attested to by the signature
7of the operator’s authorized representative.

8(c) Records of inspections conducted pursuant to subdivision
9(a) shall be kept at the operator’s maintenance facility or terminal
10where the tour bus is regularly garaged. The records shall be
11retained by the operator for one year, and shall be made available
12for inspection upon request by any authorized employee of the
13department. Each record shall include, but not be limited to, all of
14the following:

15(1) Identification of the vehicle, including make, model, license
16number, or other means of positive identification.

17(2) Date and nature of each inspection and any repair performed.

18(3) Signature of operator’s authorized representative attesting
19to the inspection and to the completion of all required repairs.

20(4) Company vehicle number.

21(d) Prior to operating a newly acquired tourbegin delete bus,end deletebegin insert bus that is
22more than two years old,end insert
a charter-party carrier of passengers or
23a passenger stage corporation shall first schedule an inspection of
24the tour bus with, and obtain a satisfactory rating for the tour bus
25from, the department.

26

begin deleteSEC. 6.end delete
27begin insertSEC. 7.end insert  

Section 34505.1 of the Vehicle Code is amended to
28read:

29

34505.1.  

(a) Upon determining that a tour bus carrier or
30modified limousine carrier has either (1) failed to maintain any
31vehicle used in transportation for compensation in a safe operating
32condition or to comply with the Vehicle Code or with regulations
33contained in Title 13 of the California Code of Regulations relative
34to motor carrier safety, and, in the department’s opinion, that failure
35presents an imminent danger to public safety or constitutes such
36a consistent failure as to justify a recommendation to the Public
37Utilities Commission or the United States Department of
38Transportation or (2) failed to enroll all drivers in the pull notice
39system as required by Section 1808.1, the department shall
40recommend to the Public Utilities Commission that the carrier’s
P11   1operating authority be suspended, denied, or revoked, or to the
2United States Department of Transportation that appropriate
3administrative action be taken against the carrier’s interstate
4operating authority, whichever is appropriate. For purposes of this
5subdivision, two consecutive unsatisfactory compliance ratings
6for an inspected terminal assigned because the tour bus carrier or
7modified limousine carrier failed to comply with the periodic report
8requirements of Section 1808.1 or the cancellation of the carrier’s
9enrollment by the Department of Motor Vehicles for nonpayment
10of required fees may be determined by the department to be a
11consistent failure. However, when recommending denial of an
12application for new or renewal authority, the department need not
13conclude that the carrier’s failure presents an imminent danger to
14public safety or that it constitutes a consistent failure. The
15department need only conclude that the carrier’s compliance with
16the safety-related matters described in paragraph (1) of subdivision
17(a) is sufficiently unsatisfactory to justify a recommendation for
18denial. The department shall retain a record, by carrier, of every
19recommendation made pursuant to this section.

20(b) Before transmitting a recommendation pursuant to
21subdivision (a), the department shall notify the carrier in writing
22of all of the following:

23(1) That the department has determined that the carrier’s safety
24record is unsatisfactory, furnishing a copy of any documentation
25or summary of any other evidence supporting the determination.

26(2) That the determination may result in a suspension,
27revocation, or denial of the carrier’s operating authority by the
28Public Utilities Commission or the United States Department of
29Transportation, as appropriate.

30(3) That the carrier may request a review of the determination
31by the department within five days of its receipt of the notice
32required under this subdivision. If a review is requested by the
33carrier, the department shall conduct and evaluate that review prior
34to transmitting any notification pursuant to subdivision (a).

35(c) Notwithstanding anything to the contrary in subdivision (a)
36or (b), upon determining during a terminal inspection or at any
37other time that the condition of a tour bus is such that it has
38multiple safety violations of a nature that operation of the tour bus
39could constitute an imminent danger to public safety, the
40department shall immediately order the tour bus out of service.
P12   1The tour bus shall not be subsequently operated with passengers
2until all of the safety violations have been corrected and the
3department has verified the correction of the safety violations upon
4a subsequent inspection by the department of the tour bus, which
5shall occur within five business days of the submission of a
6 reinspection request from the tour bus carrier to the department.

7

begin deleteSEC. 7.end delete
8begin insertSEC. 8.end insert  

Section 34505.2 is added to the Vehicle Code, to read:

9

34505.2.  

begin insert(a)end insertbegin insertend insertbegin insert(1)end insertbegin insertend insert The department shall conduct unannounced
10surprise inspections of charter-party carriers of passengers and
11passenger stage corporations operating one or more tour buses in
12addition tobegin delete regularend deletebegin insert regularlyend insert scheduled inspections.begin delete In eachend delete

13begin insert(2)end insertbegin insertend insertbegin insertThe department shall prioritize unannounced surprise
14inspections of companies that are noncompliant, have a history of
15noncompliance with safety laws or regulations, or that have
16received unsatisfactory ratings.end insert

17begin insert(b)end insertbegin insertend insertbegin insertEachend insert fiscal year, no fewer thanbegin delete 25end deletebegin insert 10end insert percent of the total
18number of tour bus carrier inspections conducted by the department
19shall be unannounced surprise inspections.

20begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 34505.3 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to read:end insert

begin insert
21

begin insert34505.3.end insert  

(a) Beginning January 1, 2018, a charter-party
22carrier of passengers or a passenger stage corporation operating
23tour buses that applies for renewal of the registration of its vehicles
24shall provide proof of its most recent bus terminal inspection with
25a satisfactory rating by the department.

26(b) The Department of Motor Vehicles shall not approve a
27registration renewal under subdivision (a) if proof of inspection
28with a satisfactory rating is not provided by the charter-party
29carrier of passengers or the passenger stage corporation.

end insert
30

begin deleteSEC. 8.end delete
31begin insertSEC. 10.end insert  

Section 34513 of the Vehicle Code is amended to
32read:

33

34513.  

(a) The department shall adopt rules and regulations
34relating to the equipment, maintenance, and operation of tour buses.

35(b) begin insert(1)end insertbegin insertend insert The department shall, by regulation, develop and adopt
36a fee structure for bus terminal inspections of charter-party carriers
37of passengers and passenger stage corporations, to be paid by
38charter-party carriers of passengers and passenger stage
39corporations that operate one or more tour buses. The fees shall
40bebegin insert scaled andend insert based upon the number of buses operated by or for
P13   1a company and shall be collected upon initial application and
2annually thereafter by the Public Utilities Commission pursuant
3to Section 5373.1 for carriers subject to that section, or as otherwise
4provided in regulations. The fees shall be in an amount sufficient
5to offset the costs to administer the inspection program as it
6pertains to charter-party carriers of passengers and passenger stage
7corporations, and revenues from the fees shall be deposited in the
8Motor Vehicle Account in the State Transportation Fund.begin delete Theend delete

9begin insert(end insertbegin insert2)end insertbegin insertend insertbegin insertTheend insert revenues from the fees shall not be used to supplant
10other sources of funding for, or otherwise support, any other
11inspection program conducted by the department.begin delete Whenend delete

12begin insert(end insertbegin insert3)end insertbegin insertend insertbegin insertWhenend insert developing the regulations, the department shall
13consider measures that increase efficiencies to limit the financial
14impact to charter-party carriers of passengers and passenger stage
15corporations subject to the fees.begin delete Theend delete

16begin insert(4)end insertbegin insertend insertbegin insertTheend insert department shall adopt the regulations in consultation
17with appropriate interested parties.

begin insert

18(5) In no instance shall an operating carrier be charged more
19than $6,500.

end insert

20(c) begin deleteThe end deletebegin insert(1)end insertbegin insertend insertbegin insertNo later than January 1, 2018, the end insertdepartment shall,
21by regulation, modify its existing tour bus terminal inspection
22program to ensure that thebegin insert performance-end insertbegin insertbasedend insert programbegin delete is
23performance-based, with parameters to evaluate and target on-site
24inspections of buses operated by or for charter-party carriers of
25passengers and passenger stage corporations. The bus terminal
26inspection program shall prioritize newly acquired tour buses
27operated by charter-party carriers of passengers and passenger
28stage corporations, as well as affectedend delete
begin insert targetsend insert companies that are
29begin delete noncompliant orend deletebegin insert noncompliant,end insert have a history of noncompliance
30with safety laws orbegin delete regulations. Itend deletebegin insert regulations, or that have received
31unsatisfactory ratings.end insert

32begin insert(2)end insertbegin insertend insertbegin insertIf a carrier receives an unsatisfactory rating, the department
33shall conduct a followend insert
begin insertup inspection no later than 30 days after the
34initial inspection during which an unsatisfactory rating was deemed
35appropriate.end insert

36begin insert(3)end insertbegin insertend insertbegin insertItend insert is the intent of the Legislature that, to the greatest extent
37possible, the bus inspection program shall strive to inspect as many
38tour buses operated by or for charter-party carriers of passengers
39and passenger stage corporations as possible.

P14   1

begin deleteSEC. 9.end delete
2begin insertSEC. 11.end insert  

The Department of the California Highway Patrol
3shall conduct a comprehensive review of the statutes and
4regulations governing tour buses, as well as buses generally, with
5the objective of identifying opportunities for simplification,
6consolidation, avoidance of duplication, and consistent use of
7terminology. The review shall be conducted in consultation with
8the Public Utilities Commission, the Office of Legislative Counsel,
9and interested parties. On or before January 1, 2018, the department
10shall submit a report containing its recommendations for proposed
11statutory changes to the policy committees of both houses of the
12Legislature with responsibility for transportation matters, for
13potential inclusion, if appropriate in whole or in part, in a future
14omnibus transportation bill. The report shall be submitted pursuant
15to Section 9795 of the Government Code.

16

begin deleteSEC. 10.end delete
17begin insertSEC. 12.end insert  

No reimbursement is required by this act pursuant to
18Section 6 of Article XIII B of the California Constitution because
19the only costs that may be incurred by a local agency or school
20district will be incurred because this act creates a new crime or
21infraction, eliminates a crime or infraction, or changes the penalty
22for a crime or infraction, within the meaning of Section 17556 of
23the Government Code, or changes the definition of a crime within
24the meaning of Section 6 of Article XIII B of the California
25Constitution.



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