Amended in Assembly June 21, 2016

Amended in Assembly June 16, 2016

Amended in Senate May 31, 2016

Amended in Senate April 27, 2016

Amended in Senate April 12, 2016

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 Sections 1033.7, 5373.1, and 5378.5 of the Public Utilities Code, and to amend Sections 612, 34501, 34505, 34505.1, and 34513 of, and to add Sectionbegin delete 34505.2end deletebegin insert 34505.3end insert to, the Vehicle Code, relating to transportation.

LEGISLATIVE COUNSEL’S DIGEST

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

(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 to offset the costs of inspections of the Department of the California Highway Patrol. A violation of various statutes and regulations governing tour buses and operators of tour buses is a crime.

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. Existing law requires the Public Utilities Commission, pending a hearing in the matter, to suspend the operating certificate of a charter-party carrier of passengers or a passenger stage corporation upon receipt of a written recommendation from the department for, among other things, failure to maintain any vehicle used in transportation for compensation in a safe operating condition. Existing law also requires, among other things, upon a determination by the department that a tour bus or modified limousine carrier has failed to maintain any vehicle used in transportation for compensation in a safe operating condition such that the failure presents an imminent danger to public safety, that the department shall recommend to the commission that the carrier’s operating authority be suspended, denied, or revoked, or to the United States Department of Transportation that appropriate administrative action be taken against the carrier’s interstate operating authority, whichever is appropriate.

This bill would require the department, if a tour bus or modified limousine carrier has received an unsatisfactory compliance rating for 3 consecutive terminal inspections, as specified, to recommend to the commission that the carrier’s operating authority be suspended, denied, or revoked, or to the United States Department of Transportation that appropriate administrative action be taken against the carrier’s interstate operating authority, whichever is appropriate. The bill would also require the commission to suspend an operating certificate of a charter-party carrier of passengers or a passenger stage corporation in those circumstances. The bill would additionally require the department to inspect a maintenance facility or terminalbegin insert of a tour bus operatorend insert that receives 2 or more successive satisfactory ratings at least once every 26 months instead of at least once every 13 months. The bill would also require the department to inspect a maintenance facility or terminalbegin insert of a tour bus operatorend insert that receives an unsatisfactory rating every 6 months until the operator achieves a satisfactory rating during a regular terminal inspection. If the satisfactory rating is the result of a reinspection, the bill would require the next regular terminal inspection to be conducted within 6 months.

This bill would require that the fees collected tobegin delete affectend deletebegin insert offsetend insert the costs of inspections not be used to supplement other sources of funding or support for any other inspection program conducted by the Department of the California Highway Patrol and would require the department to modify, by regulation, its existing tour bus terminal inspection program, beginning no later than January 1, 2018, to ensure that the performance-based program targets companies that are noncompliant, have a history of noncompliance with safety laws or regulations, or have received unsatisfactory ratings and to prioritize those companies for unannounced surprise inspections. The bill would also require no fewer than 10% of the total number of tour bus carrier inspections conducted by the department to be unannounced surprise inspections. The bill would require the department to conduct a followup inspection 30 days after an operator receives an unsatisfactory rating.

This bill would require a charter-party carrier of passengers or a passenger stage corporation that has received an unsatisfactory rating and is currently being inspected every 6 months, prior to operating a newly acquired tour bus that is more than 2 years old, 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.

(2) 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 1033.7 of the Public Utilities Code is
2amended to read:

3

1033.7.  

(a) Upon receipt of a written recommendation from
4the Department of the California Highway Patrol that the certificate
5of a passenger stage corporation be suspended (1) for failure to
6maintain any vehicle used in transportation for compensation in a
7safe operating condition or to comply with the Vehicle Code or
8with regulations contained in Title 13 of the California Code of
9Regulations relative to motor carrier safety, if that failure is either
10a consistent failure or presents an imminent danger to public safety,
11(2) for failure to enroll all drivers in the pull notice system as
12required by Section 1808.1 of the Vehicle Code, or (3) for receiving
13an unsatisfactory compliance rating in three consecutive terminal
14 inspections as specified in subdivision (c) of Section 34505.1 of
15the Vehicle Code, the commission shall, pending a hearing in the
16matter pursuant to subdivision (d), suspend the corporation’s
17certificate. The department’s written recommendation shall
18specifically indicate compliance with subdivision (c).

19(b) A corporation whose certificate is suspended pursuant to
20subdivision (a) may obtain a reinspection of its terminal and
21vehicles by the department, by submitting a written request for
22reinstatement to the commission and paying a reinstatement fee
23of one hundred twenty-five dollars ($125). The commission shall
24deposit all reinstatement fees collected pursuant to this subdivision
25in the Public Utilities Commission Transportation Reimbursement
26Account. The commission shall forward a request for reinspection
27to the department which shall perform a reinspection within a
28reasonable time. The commission shall reinstate a corporation’s
29certificate suspended under subdivision (a) promptly upon receipt
30of a written recommendation from the department that the
31corporation’s safety compliance has improved to the satisfaction
32of the department, unless the certificate is suspended for another
33reason or has been revoked.

34(c) Before transmitting a recommendation pursuant to
35subdivision (a) to the commission, the Department of the California
36Highway Patrol shall notify the passenger stage corporation in
37writing of all of the following:

P5    1(1) That the department has determined that the corporation’s
2safety record is unsatisfactory, furnishing a copy of any
3documentation or summary of any other evidence supporting the
4 determination.

5(2) That the determination may result in a suspension or
6revocation of the corporation’s certificate by the commission.

7(3) That the corporation may request a review of the
8determination by the department within five days of its receipt of
9the notice required under this subdivision. If a review pursuant to
10this paragraph is requested by the corporation, the department shall
11conduct and evaluate that review prior to transmitting any
12notification to the commission pursuant to subdivision (a).

13(d) Whenever the commission suspends the certificate of any
14passenger stage corporation pursuant to subdivision (a), the
15commission shall furnish the corporation written notice of the
16suspension and shall hold a hearing within a reasonable time, not
17to exceed 21 days, after a written request therefor is filed with the
18commission, with a copy thereof furnished to the Department of
19the California Highway Patrol. At the hearing, the corporation
20shall show cause why the suspension should not be continued. At
21the conclusion of the hearing, the commission may, in addition to
22any other applicable penalty provided in this part, terminate the
23suspension, continue the suspension in effect, or revoke the
24certificate. The commission may revoke the certificate of any
25passenger stage corporation suspended pursuant to subdivision (a)
26at any time 90 days or more after its suspension if the commission
27has not received a written recommendation for reinstatement from
28the department and the corporation has not filed a written request
29for a hearing with the commission.

30(e) If the commission, after a hearing, finds that a passenger
31stage corporation has continued to operate as such after its
32certificate has been suspended pursuant to subdivision (a), the
33commission shall do one of the following:

34(1) Revoke the certificate of the corporation.

35(2) Impose upon the holder of the certificate a civil penalty of
36not less than one thousand dollars ($1,000) nor more than five
37thousand dollars ($5,000) for each day of unlawful operations.

38

SEC. 2.  

Section 5373.1 of the Public Utilities Code is amended
39to read:

P6    1

5373.1.  

(a) Each application for a charter-party carrier of
2passengers certificate or permit shall be accompanied by a filing
3fee as follows:

4(1) Class A certificates (new): one thousand five hundred dollars
5($1,500).

6(2) Class A certificates (renewal): one hundred dollars ($100).

7(3) Class B certificates (new): one thousand dollars ($1,000).

8(4) Class B certificates (renewal): one hundred dollars ($100).

9(5) Class C certificates (new): one thousand dollars ($1,000).

10(6) Class C certificates (renewal): one hundred dollars ($100).

11(7) Permits (new): one thousand dollars ($1,000).

12(8) Permits (renewal): one hundred dollars ($100).

13(b) The commission shall also require each application to be
14accompanied by a fee to offset the cost of the charter-party carrier
15bus terminal inspections conducted by the Department of the
16California Highway Patrol. The fee shall be fifteen dollars ($15)
17per tour bus, as defined in Section 612 of the Vehicle Code, or a
18maximum of six thousand five hundred dollars ($6,500) for each
19operating carrier.

20(c) The commission shall require each charter-party carrier that
21operates tour buses, as defined in Section 612 of the Vehicle Code,
22to undergo an annual bus terminal inspection conducted by the
23Department of the California Highway Patrol and to pay an annual
24fee of fifteen dollars ($15) per tour bus, or a maximum of six
25thousand five hundred dollars ($6,500), to offset the cost of the
26 inspections.

27(d) The commission shall deposit the fees collected pursuant to
28subdivisions (b) and (c) in the Motor Vehicle Account in the State
29 Transportation Fund to cover the costs of the inspections conducted
30by the department as specified in subdivisions (b) and (c). The
31revenues from the fees shall not be used to supplant other sources
32of funding for, or otherwise support, any other inspection program
33conducted by the department.

34

SEC. 3.  

Section 5378.5 of the Public Utilities Code is amended
35 to read:

36

5378.5.  

(a) Upon receipt of a written recommendation from
37the Department of the California Highway Patrol that the certificate
38or permit of a charter-party carrier be suspended (1) for failure to
39maintain any vehicle used in transportation for compensation in a
40safe operating condition or to comply with the Vehicle Code or
P7    1with regulations contained in Title 13 of the California Code of
2Regulations relative to motor carrier safety if that failure is either
3a consistent failure or presents an imminent danger to public safety,
4(2) for failure to enroll all drivers in the pull notice system as
5required by Section 1808.1 of the Vehicle Code, or (3) for receiving
6an unsatisfactory compliance rating in three consecutive terminal
7inspections as specified in subdivision (c) of Section 34505.1 of
8the Vehicle Code, the commission shall, pending a hearing in the
9matter pursuant to subdivision (d), suspend the carrier’s certificate
10or permit. The written recommendation shall specifically indicate
11compliance with subdivision (c).

12(b) A carrier whose certificate or permit is suspended pursuant
13to subdivision (a) may obtain a reinspection of its terminal and
14vehicles by the department, by submitting a written request for
15reinstatement to the commission and paying a reinstatement fee
16of one thousand dollars ($1,000). The commission shall deposit
17all reinstatement fees collected pursuant to this subdivision in the
18Public Utilities Commission Transportation Reimbursement
19Account. The commission shall then forward a request for
20reinspection to the department which shall then perform a
21reinspection within a reasonable time. The commission shall
22reinstate a carrier’s certificate or permit suspended under
23subdivision (a) promptly upon receipt of a written recommendation
24from the department that the carrier’s safety compliance has
25improved to the satisfaction of the department, unless the certificate
26or permit is suspended for another reason, or has been revoked.

27(c) Before transmitting a recommendation pursuant to
28subdivision (a) to the commission, the Department of the California
29Highway Patrol shall notify the charter-party carrier in writing of
30all of the following:

31(1) That the department has determined that the carrier’s safety
32record is unsatisfactory, furnishing a copy of any documentation
33or summary of any other evidence supporting the determination.

34(2) That the determination may result in suspension or
35revocation of the carrier’s certificate or permit by the commission.

36(3) That the carrier may request a review of the determination
37by the department within five days of its receipt of the notice
38required under this subdivision. If a review pursuant to this
39paragraph is requested by the carrier, the department shall conduct
P8    1and evaluate that review prior to transmitting any notification to
2the commission pursuant to subdivision (a).

3(d) Whenever the commission suspends the certificate or permit
4of any charter-party carrier pursuant to subdivision (a), the
5commission shall furnish the carrier written notice of the
6suspension and shall hold a hearing within a reasonable time, not
7to exceed 21 days, after a written request therefor is filed with the
8commission, with a copy thereof furnished to the Department of
9the California Highway Patrol. At the hearing, the carrier shall
10show cause why the suspension should not be continued. At the
11conclusion of the hearing, the commission may, in addition to any
12other penalty provided in this chapter, terminate the suspension,
13continue the suspension in effect, or revoke the certificate or
14permit. The commission may revoke the certificate or permit of
15any carrier suspended pursuant to subdivision (a) at any time 90
16days or more after its suspension if the commission has not
17received a written recommendation for reinstatement from the
18department and the carrier has not filed a written request for a
19hearing with the commission.

20(e) If the commission, after a hearing, finds that a charter-party
21carrier has continued to operate as such a carrier after its certificate
22or permit has been suspended pursuant to subdivision (a), the
23commission shall do one of the following:

24(1) Revoke the operating certificate or permit of the carrier.

25(2) Impose upon the holder of the certificate or permit a civil
26penalty of not less than one thousand five hundred dollars ($1,500)
27nor more than seven thousand five hundred dollars ($7,500) for
28each day of unlawful operations.

29

SEC. 4.  

Section 612 of the Vehicle Code is amended to read:

30

612.  

“Tour bus” means a vehicle designed, used, or maintained
31for carrying more than 10 persons, including the driver, which is
32operated by or for a charter-party carrier of passengers, as defined
33in Section 5360 of the Public Utilities Code, or a passenger stage
34corporation, as defined in Section 226 of the Public Utilities Code.

35

SEC. 5.  

Section 34501 of the Vehicle Code is amended to read:

36

34501.  

(a) (1) The department shall adopt reasonable rules
37and regulations that, in the judgment of the department, are
38designed to promote the safe operation of vehicles described in
39Section 34500, regarding, but not limited to, controlled substances
40and alcohol testing of drivers by motor carriers, hours of service
P9    1of drivers, equipment, fuel containers, fueling operations,
2inspection, maintenance, recordkeeping, accident reports, and
3drawbridges. The rules and regulations shall not, however, be
4applicable to schoolbuses, which shall be subject to rules and
5regulations adopted pursuant to Section 34501.5.

6The rules and regulations shall exempt local law enforcement
7agencies, within a single county, engaged in the transportation of
8 inmates or prisoners when those agencies maintain other motor
9vehicle operations records which furnish hours of service
10information on drivers which are in substantial compliance with
11the rules and regulations. This exemption does not apply to any
12local law enforcement agency engaged in the transportation of
13inmates or prisoners outside the county in which the agency is
14located, if that agency would otherwise be required, by existing
15law, to maintain driving logs.

16(2) The department may adopt rules and regulations relating to
17commercial vehicle safety inspection and out-of-service criteria.
18In adopting the rules and regulations, the commissioner may
19consider the commercial vehicle safety inspection and
20out-of-service criteria adopted by organizations such as the
21Commercial Vehicle Safety Alliance, other intergovernmental
22safety group, or the United States Department of Transportation.
23The commissioner may provide departmental representatives to
24 that alliance or other organization for the purpose of promoting
25the continued improvement and refinement of compatible
26nationwide commercial vehicle safety inspection and out-of-service
27criteria.

28(3) The commissioner shall appoint a committee of 15 members,
29consisting of representatives of industry subject to the regulations
30to be adopted pursuant to this section, to act in an advisory capacity
31to the department, and the department shall cooperate and confer
32with the advisory committee so appointed. The commissioner shall
33appoint a separate committee to advise the department on rules
34and regulations concerning wheelchair lifts for installation and use
35on buses, consisting of persons who use the wheelchair lifts,
36representatives of transit districts, representatives of designers or
37manufacturers of wheelchairs and wheelchair lifts, and
38representatives of the Department of Transportation.

39(4) The department may inspect any vehicles in maintenance
40facilities or terminals, as well as any records relating to the dispatch
P10   1of vehicles or drivers, and the pay of drivers, to ensure compliance
2with this code and regulations adopted pursuant to this section.

3(b) The department, using the definitions adopted pursuant to
4Section 2402.7, shall adopt regulations for the transportation of
5hazardous materials in this state, except the transportation of
6materials which are subject to other provisions of this code, that
7the department determines are reasonably necessary to ensure the
8safety of persons and property using the highways. The regulations
9may include provisions governing the filling, marking, packing,
10labeling, and assembly of, and containers that may be used for,
11hazardous materials shipments, and the manner by which the
12shipper attests that the shipments are correctly identified and in
13proper condition for transport.

14(c) (1) Except as provided in paragraphs (2) and (3), at least
15once every 13 months, the department shall inspect every
16maintenance facility or terminal of any person who at any time
17operates any bus. If the bus operation includes more than 100
18buses, the inspection shall be without prior notice.

19(2) A maintenance facility or terminalbegin insert of a tour bus operatorend insert
20 that receives two or more consecutive satisfactory ratings shall be
21inspected at least once every 26 months unless the satisfactory
22rating is the result of a reinspection required pursuant to paragraph
23(2) of subdivisionbegin delete (c)end deletebegin insert (b)end insert of Section 34513.

24(3) A maintenance facility or terminalbegin insert of a tour bus operatorend insert
25 that receives an unsatisfactory rating shall be inspected every six
26months until the operator achieves a satisfactory rating during a
27regular terminal inspection. Following the assignment of a
28satisfactory rating as the result of a reinspection pursuant to
29paragraph (2) of subdivisionbegin delete (c)end deletebegin insert (b)end insert of Section 34513, the next
30regular terminal inspection shall be conducted within six months.

31(d) The commissioner shall adopt and enforce regulations which
32will make the public or private users of any bus aware of the
33operator’s last safety rating.

34(e) It is unlawful and constitutes a misdemeanor for any person
35to operate any bus without the inspections specified in subdivision
36(c) having been conducted.

37(f) The department may adopt regulations restricting or
38prohibiting the movement of any vehicle from a maintenance
39facility or terminal if the vehicle is found in violation of this code
40or regulations adopted pursuant to this section.

P11   1

SEC. 6.  

Section 34505 of the Vehicle Code is amended to read:

2

34505.  

(a) Tour bus operators shall, in addition to the
3systematic inspection, maintenance, and lubrication services
4required of all motor carriers, require each tour bus to be inspected
5at least every 45 days, or more often if necessary to ensure safe
6operation. This inspection shall include, but not be limited to, all
7of the following:

8(1) Brake adjustment.

9(2) Brake system components and leaks.

10(3) Steering and suspension systems.

11(4) Tires and wheels.

12(b) A tour bus shall not be used to transport passengers until all
13defects listed during the inspection conducted pursuant to
14subdivision (a) have been corrected and attested to by the signature
15of the operator’s authorized representative.

16(c) Records of inspections conducted pursuant to subdivision
17(a) shall be kept at the operator’s maintenance facility or terminal
18where the tour bus is regularly garaged. The records shall be
19retained by the operator for one year, and shall be made available
20for inspection upon request by any authorized employee of the
21department. Each record shall include, but not be limited to, all of
22the following:

23(1) Identification of the vehicle, including make, model, license
24number, or other means of positive identification.

25(2) Date and nature of each inspection and any repair performed.

26(3) Signature of operator’s authorized representative attesting
27to the inspection and to the completion of all required repairs.

28(4) Company vehicle number.

29(d) Prior to operating a newly acquired tour bus that is more
30than two years old, a charter-party carrier of passengers or a
31passenger stage corporation that has received an unsatisfactory
32rating and is being inspected every six months pursuant to
33paragraph (3) of subdivision (c) of Section 34501, shall first
34schedule an inspection of the tour bus with, and obtain a
35satisfactory rating for the tour bus from, the department. This
36requirement shall not apply to a charter-party carrier of passengers
37or a passenger stage corporation that has received two or more
38consecutive satisfactory ratings and is being inspected pursuant to
39the inspection schedule authorized under paragraph (2) of
40subdivision (c) of Section 34501.

P12   1

SEC. 7.  

Section 34505.1 of the Vehicle Code is amended to
2read:

3

34505.1.  

(a) Upon determining that a tour bus carrier or
4modified limousine carrier has either (1) failed to maintain any
5vehicle used in transportation for compensation in a safe operating
6condition or to comply with the Vehicle Code or with regulations
7contained in Title 13 of the California Code of Regulations relative
8to motor carrier safety, and, in the department’s opinion, that failure
9presents an imminent danger to public safety or constitutes such
10a consistent failure as to justify a recommendation to the Public
11Utilities Commission or the United States Department of
12Transportation or (2) failed to enroll all drivers in the pull notice
13system as required by Section 1808.1, the department shall
14recommend to the Public Utilities Commission that the carrier’s
15operating authority be suspended, denied, or revoked, or to the
16United States Department of Transportation that appropriate
17administrative action be taken against the carrier’s interstate
18operating authority, whichever is appropriate.

19(b) For purposes of this section, two consecutive unsatisfactory
20compliance ratings for an inspected terminal assigned because the
21tour bus carrier or modified limousine carrier failed to comply
22with the periodic report requirements of Section 1808.1 or the
23cancellation of the carrier’s enrollment by the Department of Motor
24Vehicles for nonpayment of required fees may be determined by
25the department to be a consistent failure. However, when
26recommending denial of an application for new or renewal
27authority, the department need not conclude that the carrier’s failure
28presents an imminent danger to public safety or that it constitutes
29a consistent failure. The department need only conclude that the
30carrier’s compliance with the safety-related matters described in
31paragraph (1) of subdivision (a) is sufficiently unsatisfactory to
32justify a recommendation for denial.

33(c) If a tour bus or modified limousine carrier has either (1)
34received an unsatisfactory compliance rating for a regular terminal
35inspection and the next two consecutive follow-up terminal
36inspections or (2) received an unsatisfactory compliance rating for
37three consecutive regular terminal inspections irrespective of
38receiving satisfactory ratings on the follow-up inspections
39associated with the first two terminal inspections, the department
40shall recommend to the Public Utilities Commission that the
P13   1carrier’s operating authority be suspended, denied, or revoked, or
2 to the United States Department of Transportation that appropriate
3administrative action be taken against the carrier’s interstate
4operating authority, whichever is appropriate.

5(d) Before transmitting a recommendation pursuant to this
6section, the department shall notify the carrier in writing of all of
7the following:

8(1) That the department has determined that the carrier’s safety
9record is unsatisfactory, furnishing a copy of any documentation
10or summary of any other evidence supporting the determination.

11(2) That the determination may result in a suspension,
12revocation, or denial of the carrier’s operating authority by the
13Public Utilities Commission or the United States Department of
14Transportation, as appropriate.

15(3) That the carrier may request a review of the determination
16by the department within five days of its receipt of the notice
17required under this subdivision. If a review is requested by the
18carrier, the department shall conduct and evaluate that review prior
19to transmitting any notification pursuant to this section.

20(e) Notwithstanding anything to the contrary in subdivision (a),
21(b), or (c), upon determining during a terminal inspection or at any
22other time that the condition of a tour bus is such that it has
23multiple safety violations of a nature that operation of the tour bus
24could constitute an imminent danger to public safety, the
25department shall immediately order the tour bus out of service.
26The tour bus shall not be subsequently operated with passengers
27until all of the safety violations have been corrected and the
28department has verified the correction of the safety violations upon
29a subsequent inspection by the department of the tour bus, which
30shall occur within five business days of the submission of a
31reinspection request from the tour bus carrier to the department.

32(f) The department shall retain a record, by carrier, of every
33recommendation made pursuant to this section.

34

SEC. 8.  

Section begin delete34505.2end deletebegin insert34505.3end insert is added to the Vehicle Code,
35to read:

36

begin delete34505.2.end delete
37
begin insert34505.3.end insert  

(a) (1) The department shall conduct unannounced
38surprise inspections of charter-party carriers of passengers and
39passenger stage corporations operating one or more tour buses in
40addition to regularly scheduled inspections.

P14   1(2) The department shall prioritize unannounced surprise
2inspections of companies that are noncompliant, have a history of
3noncompliance with safety laws or regulations, or that have
4received unsatisfactory ratings.

5(b) Each fiscal year, no fewer than 10 percent of the total number
6of tour bus carrier inspections conducted by the department shall
7be unannounced surprise inspections.

8

SEC. 9.  

Section 34513 of the Vehicle Code is amended to read:

9

34513.  

(a) The department shall adopt rules and regulations
10relating to the equipment, maintenance, and operation of tour buses.

11(b) (1) No later than January 1, 2018, the department shall, by
12regulation, modify its existing tour bus terminal inspection program
13to ensure that the performance-based program targets companies
14that are noncompliant, have a history of noncompliance with safety
15laws or regulations, or that have received unsatisfactory ratings.

16(2) If a carrier receives an unsatisfactory rating, the department
17shall conduct a followup inspectionbegin delete no later than 30end deletebegin insert between 30
18to 90end insert
days after the initial inspection during which an unsatisfactory
19rating was deemed appropriate.

20(3) It is the intent of the Legislature that, to the greatest extent
21possible, the bus inspection program shall strive to inspect as many
22tour buses operated by or for charter-party carriers of passengers
23and passenger stage corporations as possible.

24

SEC. 10.  

No reimbursement is required by this act pursuant to
25Section 6 of Article XIII B of the California Constitution because
26the only costs that may be incurred by a local agency or school
27district will be incurred because this act creates a new crime or
28infraction, eliminates a crime or infraction, or changes the penalty
29for a crime or infraction, within the meaning of Section 17556 of
30the Government Code, or changes the definition of a crime within
31the meaning of Section 6 of Article XIII B of the California
32Constitution.



O

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