Amended in Assembly June 29, 2016

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 Section 34505.3 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 thebegin delete Department of the California Highway Patrol.end deletebegin insert department.end insert A violation of various statutes and regulations governing tour buses and operators of tour buses is a crime.

Existing law also requires thebegin delete Department of the California Highway Patrol,end deletebegin insert department,end insert 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 terminal of a tour bus operator 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 terminal of a tour bus operator 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.begin insert The bill would require the department, if, subsequent to an inspection of a maintenance facility or terminal of a tour bus operator, a tour bus is issued an out-of-service order in the field, to conduct an inspection of that maintenance facility or terminal within 90 days of the issuance of the order.end insert

This bill would require that the fees collected to offset the costs of inspections not be used to supplement other sources of funding or support for any other inspection program conducted by thebegin delete Department of the California Highway Patrolend deletebegin insert departmentend insert 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
P5    1corporation’s safety compliance has improved to the satisfaction
2of the department, unless the certificate is suspended for another
3reason or has been revoked.

4(c) Before transmitting a recommendation pursuant to
5subdivision (a) to the commission, the Department of the California
6Highway Patrol shall notify the passenger stage corporation in
7writing of all of the following:

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

12(2) That the determination may result in a suspension or
13revocation of the corporation’s certificate by the commission.

14(3) That the corporation may request a review of the
15determination by the department within five days of its receipt of
16the notice required under this subdivision. If a review pursuant to
17this paragraph is requested by the corporation, the department shall
18conduct and evaluate that review prior to transmitting any
19notification to the commission pursuant to subdivision (a).

20(d) Whenever the commission suspends the certificate of any
21passenger stage corporation pursuant to subdivision (a), the
22commission shall furnish the corporation written notice of the
23suspension and shall hold a hearing within a reasonable time, not
24to exceed 21 days, after a written request therefor is filed with the
25commission, with a copy thereof furnished to the Department of
26the California Highway Patrol. At the hearing, the corporation
27shall show cause why the suspension should not be continued. At
28the conclusion of the hearing, the commission may, in addition to
29any other applicable penalty provided in this part, terminate the
30suspension, continue the suspension in effect, or revoke the
31certificate. The commission may revoke the certificate of any
32passenger stage corporation suspended pursuant to subdivision (a)
33at any time 90 days or more after its suspension if the commission
34has not received a written recommendation for reinstatement from
35the department and the corporation has not filed a written request
36for a hearing with the commission.

37(e) If the commission, after a hearing, finds that a passenger
38stage corporation has continued to operate as such after its
39certificate has been suspended pursuant to subdivision (a), the
40commission shall do one of the following:

P6    1(1) Revoke the certificate of the corporation.

2(2) Impose upon the holder of the certificate a civil penalty of
3not less than one thousand dollars ($1,000) nor more than five
4thousand dollars ($5,000) for each day of unlawful operations.

5

SEC. 2.  

Section 5373.1 of the Public Utilities Code is amended
6to read:

7

5373.1.  

(a) Each application for a charter-party carrier of
8passengers certificate or permit shall be accompanied by a filing
9fee as follows:

10(1) Class A certificates (new): one thousand five hundred dollars
11($1,500).

12(2) Class A certificates (renewal): one hundred dollars ($100).

13(3) Class B certificates (new): one thousand dollars ($1,000).

14(4) Class B certificates (renewal): one hundred dollars ($100).

15(5) Class C certificates (new): one thousand dollars ($1,000).

16(6) Class C certificates (renewal): one hundred dollars ($100).

17(7) Permits (new): one thousand dollars ($1,000).

18(8) Permits (renewal): one hundred dollars ($100).

19(b) The commission shall also require each application to be
20accompanied by a fee to offset the cost of the charter-party carrier
21bus terminal inspections conducted by the Department of the
22California Highway Patrol. The fee shall be fifteen dollars ($15)
23per tour bus, as defined in Section 612 of the Vehicle Code, or a
24maximum of six thousand five hundred dollars ($6,500) for each
25operating carrier.

26(c) The commission shall require each charter-party carrier that
27operates tour buses, as defined in Section 612 of the Vehicle Code,
28to undergo an annual bus terminal inspection conducted by the
29Department of the California Highway Patrol and to pay an annual
30fee of fifteen dollars ($15) per tour bus, or a maximum of six
31thousand five hundred dollars ($6,500), to offset the cost of the
32 inspections.

33(d) The commission shall deposit the fees collected pursuant to
34subdivisions (b) and (c) in the Motor Vehicle Account in the State
35 Transportation Fund to cover the costs of the inspections conducted
36by the department as specified in subdivisions (b) and (c). The
37revenues from the fees shall not be used to supplant other sources
38of funding for, or otherwise support, any other inspection program
39conducted by the department.

P7    1

SEC. 3.  

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

3

5378.5.  

(a) Upon receipt of a written recommendation from
4the Department of the California Highway Patrol that the certificate
5or permit of a charter-party carrier 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
14inspections 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 carrier’s certificate
17or permit. The written recommendation shall specifically indicate
18compliance with subdivision (c).

19(b) A carrier whose certificate or permit is suspended pursuant
20to subdivision (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 thousand dollars ($1,000). The commission shall deposit
24all reinstatement fees collected pursuant to this subdivision in the
25 Public Utilities Commission Transportation Reimbursement
26Account. The commission shall then forward a request for
27reinspection to the department which shall then perform a
28reinspection within a reasonable time. The commission shall
29reinstate a carrier’s certificate or permit suspended under
30subdivision (a) promptly upon receipt of a written recommendation
31from the department that the carrier’s safety compliance has
32improved to the satisfaction of the department, unless the certificate
33or permit is suspended for another reason, 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 charter-party carrier in writing of
37all of the following:

38(1) That the department has determined that the carrier’s safety
39record is unsatisfactory, furnishing a copy of any documentation
40or summary of any other evidence supporting the determination.

P8    1(2) That the determination may result in suspension or
2revocation of the carrier’s certificate or permit by the commission.

3(3) That the carrier may request a review of the determination
4by the department within five days of its receipt of the notice
5required under this subdivision. If a review pursuant to this
6paragraph is requested by the carrier, the department shall conduct
7and evaluate that review prior to transmitting any notification to
8the commission pursuant to subdivision (a).

9(d) Whenever the commission suspends the certificate or permit
10of any charter-party carrier pursuant to subdivision (a), the
11commission shall furnish the carrier written notice of the
12suspension and shall hold a hearing within a reasonable time, not
13to exceed 21 days, after a written request therefor is filed with the
14commission, with a copy thereof furnished to the Department of
15the California Highway Patrol. At the hearing, the carrier shall
16show cause why the suspension should not be continued. At the
17conclusion of the hearing, the commission may, in addition to any
18other penalty provided in this chapter, terminate the suspension,
19continue the suspension in effect, or revoke the certificate or
20permit. The commission may revoke the certificate or permit of
21any carrier suspended pursuant to subdivision (a) at any time 90
22days or more after its suspension if the commission has not
23received a written recommendation for reinstatement from the
24department and the carrier has not filed a written request for a
25hearing with the commission.

26(e) If the commission, after a hearing, finds that a charter-party
27carrier has continued to operate as such a carrier after its certificate
28or permit has been suspended pursuant to subdivision (a), the
29commission shall do one of the following:

30(1) Revoke the operating certificate or permit of the carrier.

31(2) Impose upon the holder of the certificate or permit a civil
32penalty of not less than one thousand five hundred dollars ($1,500)
33nor more than seven thousand five hundred dollars ($7,500) for
34each day of unlawful operations.

35

SEC. 4.  

Section 612 of the Vehicle Code is amended to read:

36

612.  

“Tour bus” means a vehicle designed, used, or maintained
37for carrying more than 10 persons, including the driver, which is
38operated by or for a charter-party carrier of passengers, as defined
39in Section 5360 of the Public Utilities Code, or a passenger stage
40corporation, as defined in Section 226 of the Public Utilities Code.

P9    1

SEC. 5.  

Section 34501 of the Vehicle Code is amended to read:

2

34501.  

(a) (1) The department shall adopt reasonable rules
3and regulations that, in the judgment of the department, are
4designed to promote the safe operation of vehicles described in
5Section 34500, regarding, but not limited to, controlled substances
6and alcohol testing of drivers by motor carriers, hours of service
7of drivers, equipment, fuel containers, fueling operations,
8inspection, maintenance, recordkeeping, accident reports, and
9drawbridges. The rules and regulations shall not, however, be
10applicable to schoolbuses, which shall be subject to rules and
11regulations adopted pursuant to Section 34501.5.

12The rules and regulations shall exempt local law enforcement
13agencies, within a single county, engaged in the transportation of
14 inmates or prisoners when those agencies maintain other motor
15vehicle operations records which furnish hours of service
16information on drivers which are in substantial compliance with
17the rules and regulations. This exemption does not apply to any
18local law enforcement agency engaged in the transportation of
19inmates or prisoners outside the county in which the agency is
20located, if that agency would otherwise be required, by existing
21law, to maintain driving logs.

22(2) The department may adopt rules and regulations relating to
23commercial vehicle safety inspection and out-of-service criteria.
24In adopting the rules and regulations, the commissioner may
25consider the commercial vehicle safety inspection and
26out-of-service criteria adopted by organizations such as the
27Commercial Vehicle Safety Alliance, other intergovernmental
28safety group, or the United States Department of Transportation.
29The commissioner may provide departmental representatives to
30 that alliance or other organization for the purpose of promoting
31the continued improvement and refinement of compatible
32nationwide commercial vehicle safety inspection and out-of-service
33criteria.

34(3) The commissioner shall appoint a committee of 15 members,
35consisting of representatives of industry subject to the regulations
36to be adopted pursuant to this section, to act in an advisory capacity
37to the department, and the department shall cooperate and confer
38with the advisory committee so appointed. The commissioner shall
39appoint a separate committee to advise the department on rules
40and regulations concerning wheelchair lifts for installation and use
P10   1on buses, consisting of persons who use the wheelchair lifts,
2representatives of transit districts, representatives of designers or
3manufacturers of wheelchairs and wheelchair lifts, and
4representatives of the Department of Transportation.

5(4) The department may inspect any vehicles in maintenance
6facilities or terminals, as well as any records relating to the dispatch
7of vehicles or drivers, and the pay of drivers, to ensure compliance
8with this code and regulations adopted pursuant to this section.

9(b) The department, using the definitions adopted pursuant to
10Section 2402.7, shall adopt regulations for the transportation of
11hazardous materials in this state, except the transportation of
12materials which are subject to other provisions of this code, that
13the department determines are reasonably necessary to ensure the
14safety of persons and property using the highways. The regulations
15may include provisions governing the filling, marking, packing,
16labeling, and assembly of, and containers that may be used for,
17hazardous materials shipments, and the manner by which the
18shipper attests that the shipments are correctly identified and in
19proper condition for transport.

20(c) (1) Except as provided in paragraphsbegin delete (2) and (3),end deletebegin insert (2), (3),
21and (4),end insert
at least once every 13 months, the department shall inspect
22every maintenance facility or terminal of any person who at any
23time operates any bus. If the bus operation includes more than 100
24buses, the inspection shall be without prior notice.

25(2) A maintenance facility or terminal of a tour bus operator
26that receives two or more consecutive satisfactory ratings shall be
27inspected at least once every 26 months unless thebegin insert firstend insert satisfactory
28rating is the result of a reinspection required pursuant to paragraph
29(2) of subdivision (b) of Section 34513.

30(3) A maintenance facility or terminal of a tour bus operator
31 that receives an unsatisfactory rating shall be inspected every six
32months until the operator achieves a satisfactory rating during a
33regular terminal inspection. Following the assignment of a
34satisfactory rating as the result of a reinspection pursuant to
35paragraph (2) of subdivision (b) of Section 34513, the next regular
36terminal inspection shall be conducted within six months.

begin insert

37
(4) If, subsequent to the inspection of a maintenance facility or
38terminal of a tour bus operator pursuant to this subdivision, a tour
39bus is issued an out-of-service order in the field as described in
40subdivision (d) of Section 2800 or under criteria adopted pursuant
P11   1to paragraph (2) of subdivision (a), the department shall conduct
2an inspection of that maintenance facility or terminal within 90
3days after issuance of the order.

end insert

4(d) The commissioner shall adopt and enforce regulations which
5will make the public or private users of any bus aware of the
6operator’s last safety rating.

7(e) It is unlawful and constitutes a misdemeanor for any person
8to operate any bus without the inspections specified in subdivision
9(c) having been conducted.

10(f) The department may adopt regulations restricting or
11prohibiting the movement of any vehicle from a maintenance
12facility or terminal if the vehicle is found in violation of this code
13or regulations adopted pursuant to this section.

14

SEC. 6.  

Section 34505 of the Vehicle Code is amended to read:

15

34505.  

(a) Tour bus operators shall, in addition to the
16systematic inspection, maintenance, and lubrication services
17required of all motor carriers, require each tour bus to be inspected
18at least every 45 days, or more often if necessary to ensure safe
19operation. This inspection shall include, but not be limited to, all
20of the following:

21(1) Brake adjustment.

22(2) Brake system components and leaks.

23(3) Steering and suspension systems.

24(4) Tires and wheels.

25(b) A tour bus shall not be used to transport passengers until all
26defects listed during the inspection conducted pursuant to
27subdivision (a) have been corrected and attested to by the signature
28of the operator’s authorized representative.

29(c) Records of inspections conducted pursuant to subdivision
30(a) shall be kept at the operator’s maintenance facility or terminal
31where the tour bus is regularly garaged. The records shall be
32retained by the operator for one year, and shall be made available
33for inspection upon request by any authorized employee of the
34department. Each record shall include, but not be limited to, all of
35the following:

36(1) Identification of the vehicle, including make, model, license
37number, or other means of positive identification.

38(2) Date and nature of each inspection and any repair performed.

39(3) Signature of operator’s authorized representative attesting
40to the inspection and to the completion of all required repairs.

P12   1(4) Company vehicle number.

2(d) Prior to operating a newly acquired tour bus that is more
3than two years old, a charter-party carrier of passengers or a
4passenger stage corporation that has received an unsatisfactory
5rating and is being inspected every six months pursuant to
6paragraph (3) of subdivision (c) of Section 34501, shall first
7schedule an inspection of the tour bus with, and obtain a
8satisfactory rating for the tour bus from, the department. This
9requirement shall not apply to a charter-party carrier of passengers
10or a passenger stage corporation that has received two or more
11consecutive satisfactory ratings and is being inspected pursuant to
12the inspection schedule authorized under paragraph (2) of
13subdivision (c) of Section 34501.

14

SEC. 7.  

Section 34505.1 of the Vehicle Code is amended to
15read:

16

34505.1.  

(a) Upon determining that a tour bus carrier or
17modified limousine carrier has either (1) failed to maintain any
18vehicle used in transportation for compensation in a safe operating
19condition or to comply with the Vehicle Code or with regulations
20contained in Title 13 of the California Code of Regulations relative
21to motor carrier safety, and, in the department’s opinion, that failure
22presents an imminent danger to public safety or constitutes such
23a consistent failure as to justify a recommendation to the Public
24Utilities Commission or the United States Department of
25Transportation or (2) failed to enroll all drivers in the pull notice
26system as required by Section 1808.1, the department shall
27recommend to the Public Utilities Commission that the carrier’s
28operating authority be suspended, denied, or revoked, or to the
29United States Department of Transportation that appropriate
30administrative action be taken against the carrier’s interstate
31operating authority, whichever is appropriate.

32(b) For purposes of this section, two consecutive unsatisfactory
33compliance ratings for an inspected terminal assigned because the
34tour bus carrier or modified limousine carrier failed to comply
35with the periodic report requirements of Section 1808.1 or the
36cancellation of the carrier’s enrollment by the Department of Motor
37Vehicles for nonpayment of required fees may be determined by
38the department to be a consistent failure. However, when
39recommending denial of an application for new or renewal
40authority, the department need not conclude that the carrier’s failure
P13   1presents an imminent danger to public safety or that it constitutes
2a consistent failure. The department need only conclude that the
3carrier’s compliance with the safety-related matters described in
4paragraph (1) of subdivision (a) is sufficiently unsatisfactory to
5justify a recommendation for denial.

6(c) If a tour bus or modified limousine carrier has either (1)
7received an unsatisfactory compliance rating for a regular terminal
8inspection and the next two consecutive follow-up terminal
9inspections or (2) received an unsatisfactory compliance rating for
10three consecutive regular terminal inspections irrespective of
11receiving satisfactory ratings on the follow-up inspections
12associated with the first two terminal inspections, the department
13shall recommend to the Public Utilities Commission that the
14carrier’s operating authority be suspended, denied, or revoked, or
15 to the United States Department of Transportation that appropriate
16administrative action be taken against the carrier’s interstate
17operating authority, whichever is appropriate.

18(d) Before transmitting a recommendation pursuant to this
19section, the department shall notify the carrier in writing of all of
20the following:

21(1) That the department has determined that the carrier’s safety
22record is unsatisfactory, furnishing a copy of any documentation
23or summary of any other evidence supporting the determination.

24(2) That the determination may result in a suspension,
25revocation, or denial of the carrier’s operating authority by the
26Public Utilities Commission or the United States Department of
27Transportation, as appropriate.

28(3) That the carrier may request a review of the determination
29by the department within five days of its receipt of the notice
30required under this subdivision. If a review is requested by the
31carrier, the department shall conduct and evaluate that review prior
32to transmitting any notification pursuant to this section.

33(e) Notwithstanding anything to the contrary in subdivision (a),
34(b), or (c), upon determining during a terminal inspection or at any
35other time that the condition of a tour bus is such that it has
36multiple safety violations of a nature that operation of the tour bus
37could constitute an imminent danger to public safety, the
38department shall immediately order the tour bus out of service.
39The tour bus shall not be subsequently operated with passengers
40until all of the safety violations have been corrected and the
P14   1department has verified the correction of the safety violations upon
2a subsequent inspection by the department of the tour bus, which
3shall occur within five business days of the submission of a
4reinspection request from the tour bus carrier to the department.

5(f) The department shall retain a record, by carrier, of every
6recommendation made pursuant to this section.

7

SEC. 8.  

Section 34505.3 is added to the Vehicle Code, to read:

8

34505.3.  

(a) (1) The department shall conduct unannounced
9surprise inspections of charter-party carriers of passengers and
10passenger stage corporations operating one or more tour buses in
11addition to regularly scheduled inspections.

12(2) The department shall prioritize unannounced surprise
13inspections of companies that are noncompliant, have a history of
14noncompliance with safety laws or regulations, or that have
15received unsatisfactory ratings.

16(b) Each fiscal year, no fewer than 10 percent of the total number
17of tour bus carrier inspections conducted by the department shall
18be unannounced surprise inspections.

19

SEC. 9.  

Section 34513 of the Vehicle Code is amended to read:

20

34513.  

(a) The department shall adopt rules and regulations
21relating to the equipment, maintenance, and operation of tour buses.

22(b) (1) No later than January 1, 2018, the department shall, by
23regulation, modify its existing tour bus terminal inspection program
24to ensure that the performance-based program targets companies
25that are noncompliant, have a history of noncompliance with safety
26laws or regulations, or that have received unsatisfactory ratings.

27(2) If a carrier receives an unsatisfactory rating, the department
28shall conduct a followup inspection between 30 to 90 days after
29the initial inspection during which an unsatisfactory rating was
30deemed appropriate.

31(3) It is the intent of the Legislature that, to the greatest extent
32possible, the bus inspection program shall strive to inspect as many
33tour buses operated by or for charter-party carriers of passengers
34and passenger stage corporations as possible.

35

SEC. 10.  

No reimbursement is required by this act pursuant to
36Section 6 of Article XIII B of the California Constitution because
37the only costs that may be incurred by a local agency or school
38district will be incurred because this act creates a new crime or
39infraction, eliminates a crime or infraction, or changes the penalty
40for a crime or infraction, within the meaning of Section 17556 of
P15   1the Government Code, or changes the definition of a crime within
2the meaning of Section 6 of Article XIII B of the California
3Constitution.



O

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