Amended in Assembly August 15, 2016

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 tobegin delete 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,end deletebegin insert amend Sections 34501 and 34505.1 ofend insert the Vehicle Code, relating to transportation.

LEGISLATIVE COUNSEL’S DIGEST

SB 812, as amended, Hill. begin deleteCharter-party carriers of passengers: passenger stage corporations: private carriers of passengers.end deletebegin insertTour buses: inspection.end insert

begin delete

(1)Existing

end delete

begin insertExistingend insert 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.begin delete 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.end delete A violation of various statutes and regulations governing tour buses and operators of tour buses is a crime.

Existing law also requires the department, 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.begin delete 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.end delete

This bill would require the department, if a tour busbegin delete or modified limousine carrierend delete has received an unsatisfactory compliancebegin delete 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. 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 deletebegin insert rating, to conduct a follow up inspection between 30 and 90 days after the initial inspection during which the unsatisfactory rating was received. The bill would require the department to order a tour bus out of service upon determining during a terminal inspection or at any other time 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. The bill would prohibit the tour bus from being operated with passengers until all of the safety violations have been corrected and the department has verified the correction of the safety violations upon a subsequent inspection by the department of the tour bus, which shall occur within five business days of the submission of a reinspection request from the tour bus carrier. By creating a new crime, the bill would imposeend insertbegin insert a state-mandated local program.end insert

begin delete

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 the department 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.

end delete
begin delete

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.

end delete

begin delete(2)end deletebegin deleteend deletebegin deleteThe end deletebegin insertThe end insertCalifornia 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:

begin delete
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
P5    1certificate. The department’s written recommendation shall
2specifically indicate compliance with subdivision (c).

3(b) A corporation whose certificate is suspended pursuant to
4subdivision (a) may obtain a reinspection of its terminal and
5vehicles by the department, by submitting a written request for
6reinstatement to the commission and paying a reinstatement fee
7of one hundred twenty-five dollars ($125). The commission shall
8deposit all reinstatement fees collected pursuant to this subdivision
9in the Public Utilities Commission Transportation Reimbursement
10Account. The commission shall forward a request for reinspection
11to the department which shall perform a reinspection within a
12reasonable time. The commission shall reinstate a corporation’s
13certificate suspended under subdivision (a) promptly upon receipt
14of a written recommendation from the department that the
15corporation’s safety compliance has improved to the satisfaction
16of the department, unless the certificate is suspended for another
17reason or has been revoked.

18(c) Before transmitting a recommendation pursuant to
19subdivision (a) to the commission, the Department of the California
20Highway Patrol shall notify the passenger stage corporation in
21writing of all of the following:

22(1) That the department has determined that the corporation’s
23safety record is unsatisfactory, furnishing a copy of any
24documentation or summary of any other evidence supporting the
25 determination.

26(2) That the determination may result in a suspension or
27revocation of the corporation’s certificate by the commission.

28(3) That the corporation may request a review of the
29determination by the department within five days of its receipt of
30the notice required under this subdivision. If a review pursuant to
31this paragraph is requested by the corporation, the department shall
32conduct and evaluate that review prior to transmitting any
33notification to the commission pursuant to subdivision (a).

34(d) Whenever the commission suspends the certificate of any
35passenger stage corporation pursuant to subdivision (a), the
36commission shall furnish the corporation written notice of the
37suspension and shall hold a hearing within a reasonable time, not
38to exceed 21 days, after a written request therefor is filed with the
39commission, with a copy thereof furnished to the Department of
40the California Highway Patrol. At the hearing, the corporation
P6    1shall show cause why the suspension should not be continued. At
2the conclusion of the hearing, the commission may, in addition to
3any other applicable penalty provided in this part, terminate the
4suspension, continue the suspension in effect, or revoke the
5certificate. The commission may revoke the certificate of any
6passenger stage corporation suspended pursuant to subdivision (a)
7at any time 90 days or more after its suspension if the commission
8has not received a written recommendation for reinstatement from
9the department and the corporation has not filed a written request
10for a hearing with the commission.

11(e) If the commission, after a hearing, finds that a passenger
12stage corporation has continued to operate as such after its
13certificate has been suspended pursuant to subdivision (a), the
14commission shall do one of the following:

15(1) Revoke the certificate of the corporation.

16(2) Impose upon the holder of the certificate a civil penalty of
17not less than one thousand dollars ($1,000) nor more than five
18thousand dollars ($5,000) for each day of unlawful operations.

19

SEC. 2.  

Section 5373.1 of the Public Utilities Code is amended
20to read:

21

5373.1.  

(a) Each application for a charter-party carrier of
22passengers certificate or permit shall be accompanied by a filing
23fee as follows:

24(1) Class A certificates (new): one thousand five hundred dollars
25($1,500).

26(2) Class A certificates (renewal): one hundred dollars ($100).

27(3) Class B certificates (new): one thousand dollars ($1,000).

28(4) Class B certificates (renewal): one hundred dollars ($100).

29(5) Class C certificates (new): one thousand dollars ($1,000).

30(6) Class C certificates (renewal): one hundred dollars ($100).

31(7) Permits (new): one thousand dollars ($1,000).

32(8) Permits (renewal): one hundred dollars ($100).

33(b) The commission shall also require each application to be
34accompanied by a fee to offset the cost of the charter-party carrier
35bus terminal inspections conducted by the Department of the
36California Highway Patrol. The fee shall be fifteen dollars ($15)
37per tour bus, as defined in Section 612 of the Vehicle Code, or a
38maximum of six thousand five hundred dollars ($6,500) for each
39operating carrier.

P7    1(c) The commission shall require each charter-party carrier that
2operates tour buses, as defined in Section 612 of the Vehicle Code,
3to undergo an annual bus terminal inspection conducted by the
4Department of the California Highway Patrol and to pay an annual
5fee of fifteen dollars ($15) per tour bus, or a maximum of six
6thousand five hundred dollars ($6,500), to offset the cost of the
7 inspections.

8(d) The commission shall deposit the fees collected pursuant to
9subdivisions (b) and (c) in the Motor Vehicle Account in the State
10 Transportation Fund to cover the costs of the inspections conducted
11by the department as specified in subdivisions (b) and (c). The
12revenues from the fees shall not be used to supplant other sources
13of funding for, or otherwise support, any other inspection program
14conducted by the department.

15

SEC. 3.  

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

17

5378.5.  

(a) Upon receipt of a written recommendation from
18the Department of the California Highway Patrol that the certificate
19or permit of a charter-party carrier be suspended (1) for failure to
20maintain any vehicle used in transportation for compensation in a
21safe operating condition or to comply with the Vehicle Code or
22with regulations contained in Title 13 of the California Code of
23Regulations relative to motor carrier safety if that failure is either
24a consistent failure or presents an imminent danger to public safety,
25(2) for failure to enroll all drivers in the pull notice system as
26required by Section 1808.1 of the Vehicle Code, or (3) for receiving
27an unsatisfactory compliance rating in three consecutive terminal
28inspections as specified in subdivision (c) of Section 34505.1 of
29the Vehicle Code, the commission shall, pending a hearing in the
30matter pursuant to subdivision (d), suspend the carrier’s certificate
31or permit. The written recommendation shall specifically indicate
32compliance with subdivision (c).

33(b) A carrier whose certificate or permit is suspended pursuant
34to subdivision (a) may obtain a reinspection of its terminal and
35vehicles by the department, by submitting a written request for
36reinstatement to the commission and paying a reinstatement fee
37of one thousand dollars ($1,000). The commission shall deposit
38all reinstatement fees collected pursuant to this subdivision in the
39Public Utilities Commission Transportation Reimbursement
40Account. The commission shall then forward a request for
P8    1reinspection to the department which shall then perform a
2reinspection within a reasonable time. The commission shall
3reinstate a carrier’s certificate or permit suspended under
4subdivision (a) promptly upon receipt of a written recommendation
5from the department that the carrier’s safety compliance has
6improved to the satisfaction of the department, unless the certificate
7or permit is suspended for another reason, or has been revoked.

8(c) Before transmitting a recommendation pursuant to
9subdivision (a) to the commission, the Department of the California
10Highway Patrol shall notify the charter-party carrier in writing of
11all of the following:

12(1) That the department has determined that the carrier’s safety
13record is unsatisfactory, furnishing a copy of any documentation
14or summary of any other evidence supporting the determination.

15(2) That the determination may result in suspension or
16revocation of the carrier’s certificate or permit by the commission.

17(3) That the carrier may request a review of the determination
18by the department within five days of its receipt of the notice
19required under this subdivision. If a review pursuant to this
20paragraph is requested by the carrier, the department shall conduct
21and evaluate that review prior to transmitting any notification to
22the commission pursuant to subdivision (a).

23(d) Whenever the commission suspends the certificate or permit
24of any charter-party carrier pursuant to subdivision (a), the
25commission shall furnish the carrier written notice of the
26suspension and shall hold a hearing within a reasonable time, not
27to exceed 21 days, after a written request therefor is filed with the
28commission, with a copy thereof furnished to the Department of
29the California Highway Patrol. At the hearing, the carrier shall
30show cause why the suspension should not be continued. At the
31conclusion of the hearing, the commission may, in addition to any
32other penalty provided in this chapter, terminate the suspension,
33continue the suspension in effect, or revoke the certificate or
34permit. The commission may revoke the certificate or permit of
35any carrier suspended pursuant to subdivision (a) at any time 90
36days or more after its suspension if the commission has not
37received a written recommendation for reinstatement from the
38department and the carrier has not filed a written request for a
39hearing with the commission.

P9    1(e) If the commission, after a hearing, finds that a charter-party
2carrier has continued to operate as such a carrier after its certificate
3or permit has been suspended pursuant to subdivision (a), the
4commission shall do one of the following:

5(1) Revoke the operating certificate or permit of the carrier.

6(2) Impose upon the holder of the certificate or permit a civil
7penalty of not less than one thousand five hundred dollars ($1,500)
8nor more than seven thousand five hundred dollars ($7,500) for
9each day of unlawful operations.

10

SEC. 4.  

Section 612 of the Vehicle Code is amended to read:

11

612.  

“Tour bus” means a vehicle designed, used, or maintained
12for carrying more than 10 persons, including the driver, which is
13operated by or for a charter-party carrier of passengers, as defined
14in Section 5360 of the Public Utilities Code, or a passenger stage
15corporation, as defined in Section 226 of the Public Utilities Code.

end delete
16

begin deleteSEC. 5.end delete
17
begin insertSECTION 1.end insert  

Section 34501 of the Vehicle Code is amended
18to read:

19

34501.  

(a) (1) The department shall adopt reasonable rules
20and regulations that, in the judgment of the department, are
21designed to promote the safe operation of vehicles described in
22Section 34500, regarding, but not limited to, controlled substances
23and alcohol testing of drivers by motor carriers, hours of service
24of drivers, equipment, fuel containers, fueling operations,
25inspection, maintenance, recordkeeping, accident reports, and
26drawbridges. The rules and regulations shall not, however, be
27applicable to schoolbuses, which shall be subject to rules and
28regulations adopted pursuant to Section 34501.5.

29The rules and regulations shall exempt local law enforcement
30agencies, within a single county, engaged in the transportation of
31 inmates or prisoners when those agencies maintain other motor
32vehicle operations records which furnish hours of service
33information on drivers which are in substantial compliance with
34the rules and regulations. This exemption does not apply to any
35local law enforcement agency engaged in the transportation of
36inmates or prisoners outside the county in which the agency is
37located, if that agency would otherwise be required, by existing
38law, to maintain driving logs.

39(2) The department may adopt rules and regulations relating to
40commercial vehicle safety inspection and out-of-service criteria.
P10   1In adopting the rules and regulations, the commissioner may
2consider the commercial vehicle safety inspection and
3out-of-service criteria adopted by organizations such as the
4Commercial Vehicle Safety Alliance, other intergovernmental
5safety group, or the United States Department of Transportation.
6The commissioner may provide departmental representatives to
7 that alliance or other organization for the purpose of promoting
8the continued improvement and refinement of compatible
9nationwide commercial vehicle safety inspection and out-of-service
10criteria.

11(3) The commissioner shall appoint a committee of 15 members,
12consisting of representatives of industry subject to the regulations
13to be adopted pursuant to this section, to act in an advisory capacity
14to the department, and the department shall cooperate and confer
15with the advisory committee so appointed. The commissioner shall
16appoint a separate committee to advise the department on rules
17and regulations concerning wheelchair lifts for installation and use
18on buses, consisting of persons who use the wheelchair lifts,
19representatives of transit districts, representatives of designers or
20manufacturers of wheelchairs and wheelchair lifts, and
21representatives of the Department of Transportation.

22(4) The department may inspect any vehicles in maintenance
23facilities or terminals, as well as any records relating to the dispatch
24of vehicles or drivers, and the pay of drivers, to ensure compliance
25with this code and regulations adopted pursuant to this section.

26(b) The department, using the definitions adopted pursuant to
27Section 2402.7, shall adopt regulations for the transportation of
28hazardous materials in this state, except the transportation of
29materials which are subject to other provisions of this code, that
30the department determines are reasonably necessary to ensure the
31safety of persons and property using the highways. The regulations
32may include provisions governing the filling, marking, packing,
33labeling, and assembly of, and containers that may be used for,
34hazardous materials shipments, and the manner by which the
35shipper attests that the shipments are correctly identified and in
36proper condition for transport.

37(c) (1) begin deleteExcept as provided in paragraphs (2), (3), and (4), at end deletebegin insertAt end insert
38least once every 13 months, the department shall inspect every
39maintenance facility or terminal of any person who at any time
P11   1operates any bus. If the bus operation includes more than 100
2buses, the inspection shall be without prior notice.

begin delete

3(2) A maintenance facility or terminal of a tour bus operator
4that receives two or more consecutive satisfactory ratings shall be
5inspected at least once every 26 months unless the first satisfactory
6rating is the result of a reinspection required pursuant to paragraph
7(2) of subdivision (b) of Section 34513.

8(3) A maintenance facility or terminal of a tour bus operator
9 that receives an unsatisfactory rating shall be inspected every six
10months until the operator achieves a satisfactory rating during a
11regular terminal inspection. Following the assignment of a
12satisfactory rating as the result of a reinspection pursuant to
13paragraph (2) of subdivision (b) of Section 34513, the next regular
14terminal inspection shall be conducted within six months.

15(4) If, subsequent to the inspection of a maintenance facility or
16terminal of a tour bus operator pursuant to this subdivision, a tour
17bus is issued an out-of-service order in the field as described in
18subdivision (d) of Section 2800 or under criteria adopted pursuant
19to paragraph (2) of subdivision (a), the department shall conduct
20an inspection of that maintenance facility or terminal within 90
21days after issuance of the order.

end delete
begin insert

22
(2) This subdivision does not preclude the department from
23conducting inspections of tour bus operations with fewer than 100
24buses without prior notice. To the extent possible, the department
25shall conduct inspections without prior notice of any tour bus
26operation, including tour bus operations that have a history of
27noncompliance with safety laws or regulations, that have received
28unsatisfactory ratings, or that have had buses ordered out of
29service for safety violations.

end insert
begin insert

30
(3) If a tour bus operator receives an unsatisfactory rating, the
31department shall conduct a follow up inspection between 30 and
3290 days after the initial inspection during which the unsatisfactory
33rating was received.

end insert

34(d) The commissioner shall adopt and enforce regulations which
35will make the public or private users of any bus aware of the
36operator’s last safety rating.

37(e) It is unlawful and constitutes a misdemeanor for any person
38to operate any bus without the inspections specified in subdivision
39(c) having been conducted.

P12   1(f) The department may adopt regulations restricting or
2prohibiting the movement of any vehicle from a maintenance
3facility or terminal if the vehicle is found in violation of this code
4or regulations adopted pursuant to this section.

begin delete
5

SEC. 6.  

Section 34505 of the Vehicle Code is amended to read:

6

34505.  

(a) Tour bus operators shall, in addition to the
7systematic inspection, maintenance, and lubrication services
8required of all motor carriers, require each tour bus to be inspected
9at least every 45 days, or more often if necessary to ensure safe
10operation. This inspection shall include, but not be limited to, all
11of the following:

12(1) Brake adjustment.

13(2) Brake system components and leaks.

14(3) Steering and suspension systems.

15(4) Tires and wheels.

16(b) A tour bus shall not be used to transport passengers until all
17defects listed during the inspection conducted pursuant to
18subdivision (a) have been corrected and attested to by the signature
19of the operator’s authorized representative.

20(c) Records of inspections conducted pursuant to subdivision
21(a) shall be kept at the operator’s maintenance facility or terminal
22where the tour bus is regularly garaged. The records shall be
23retained by the operator for one year, and shall be made available
24for inspection upon request by any authorized employee of the
25department. Each record shall include, but not be limited to, all of
26the following:

27(1) Identification of the vehicle, including make, model, license
28number, or other means of positive identification.

29(2) Date and nature of each inspection and any repair performed.

30(3) Signature of operator’s authorized representative attesting
31to the inspection and to the completion of all required repairs.

32(4) Company vehicle number.

33(d) Prior to operating a newly acquired tour bus that is more
34than two years old, a charter-party carrier of passengers or a
35passenger stage corporation that has received an unsatisfactory
36rating and is being inspected every six months pursuant to
37paragraph (3) of subdivision (c) of Section 34501, shall first
38schedule an inspection of the tour bus with, and obtain a
39satisfactory rating for the tour bus from, the department. This
40requirement shall not apply to a charter-party carrier of passengers
P13   1or a passenger stage corporation that has received two or more
2consecutive satisfactory ratings and is being inspected pursuant to
3the inspection schedule authorized under paragraph (2) of
4subdivision (c) of Section 34501.

5

SEC. 7.  

Section 34505.1 of the Vehicle Code is amended to
6read:

7

34505.1.  

(a) Upon determining that a tour bus carrier or
8modified limousine carrier has either (1) failed to maintain any
9vehicle used in transportation for compensation in a safe operating
10condition or to comply with the Vehicle Code or with regulations
11contained in Title 13 of the California Code of Regulations relative
12to motor carrier safety, and, in the department’s opinion, that failure
13presents an imminent danger to public safety or constitutes such
14a consistent failure as to justify a recommendation to the Public
15Utilities Commission or the United States Department of
16Transportation or (2) failed to enroll all drivers in the pull notice
17system as required by Section 1808.1, the department shall
18recommend to the Public Utilities Commission that the carrier’s
19operating authority be suspended, denied, or revoked, or to the
20United States Department of Transportation that appropriate
21administrative action be taken against the carrier’s interstate
22operating authority, whichever is appropriate.

23(b) For purposes of this section, two consecutive unsatisfactory
24compliance ratings for an inspected terminal assigned because the
25tour bus carrier or modified limousine carrier failed to comply
26with the periodic report requirements of Section 1808.1 or the
27cancellation of the carrier’s enrollment by the Department of Motor
28Vehicles for nonpayment of required fees may be determined by
29the department to be a consistent failure. However, when
30recommending denial of an application for new or renewal
31authority, the department need not conclude that the carrier’s failure
32presents an imminent danger to public safety or that it constitutes
33a consistent failure. The department need only conclude that the
34carrier’s compliance with the safety-related matters described in
35paragraph (1) of subdivision (a) is sufficiently unsatisfactory to
36justify a recommendation for denial.

37(c) If a tour bus or modified limousine carrier has either (1)
38received an unsatisfactory compliance rating for a regular terminal
39inspection and the next two consecutive follow-up terminal
40inspections or (2) received an unsatisfactory compliance rating for
P14   1three consecutive regular terminal inspections irrespective of
2receiving satisfactory ratings on the follow-up inspections
3associated with the first two terminal inspections, the department
4shall recommend to the Public Utilities Commission that the
5carrier’s operating authority be suspended, denied, or revoked, or
6 to the United States Department of Transportation that appropriate
7administrative action be taken against the carrier’s interstate
8operating authority, whichever is appropriate.

9(d) Before transmitting a recommendation pursuant to this
10section, the department shall notify the carrier in writing of all of
11the following:

12(1) That the department has determined that the carrier’s safety
13record is unsatisfactory, furnishing a copy of any documentation
14or summary of any other evidence supporting the determination.

15(2) That the determination may result in a suspension,
16revocation, or denial of the carrier’s operating authority by the
17Public Utilities Commission or the United States Department of
18Transportation, as appropriate.

19(3) That the carrier may request a review of the determination
20by the department within five days of its receipt of the notice
21required under this subdivision. If a review is requested by the
22carrier, the department shall conduct and evaluate that review prior
23to transmitting any notification pursuant to this section.

24(e) Notwithstanding anything to the contrary in subdivision (a),
25(b), or (c), upon determining during a terminal inspection or at any
26other time that the condition of a tour bus is such that it has
27multiple safety violations of a nature that operation of the tour bus
28could constitute an imminent danger to public safety, the
29department shall immediately order the tour bus out of service.
30The tour bus shall not be subsequently operated with passengers
31until all of the safety violations have been corrected and the
32department has verified the correction of the safety violations upon
33a subsequent inspection by the department of the tour bus, which
34shall occur within five business days of the submission of a
35reinspection request from the tour bus carrier to the department.

36(f) The department shall retain a record, by carrier, of every
37recommendation made pursuant to this section.

38

SEC. 8.  

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

39

34505.3.  

(a) (1) The department shall conduct unannounced
40surprise inspections of charter-party carriers of passengers and
P15   1passenger stage corporations operating one or more tour buses in
2addition to regularly scheduled inspections.

3(2) The department shall prioritize unannounced surprise
4inspections of companies that are noncompliant, have a history of
5noncompliance with safety laws or regulations, or that have
6received unsatisfactory ratings.

7(b) Each fiscal year, no fewer than 10 percent of the total number
8of tour bus carrier inspections conducted by the department shall
9be unannounced surprise inspections.

10

SEC. 9.  

Section 34513 of the Vehicle Code is amended to read:

11

34513.  

(a) The department shall adopt rules and regulations
12relating to the equipment, maintenance, and operation of tour buses.

13(b) (1) No later than January 1, 2018, the department shall, by
14regulation, modify its existing tour bus terminal inspection program
15to ensure that the performance-based program targets companies
16that are noncompliant, have a history of noncompliance with safety
17laws or regulations, or that have received unsatisfactory ratings.

18(2) If a carrier receives an unsatisfactory rating, the department
19shall conduct a followup inspection between 30 to 90 days after
20the initial inspection during which an unsatisfactory rating was
21deemed appropriate.

22(3) It is the intent of the Legislature that, to the greatest extent
23possible, the bus inspection program shall strive to inspect as many
24tour buses operated by or for charter-party carriers of passengers
25and passenger stage corporations as possible.

end delete
26begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 34505.1 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to
27read:end insert

28

34505.1.  

(a) Upon determining that a tour bus carrier or
29modified limousine carrier has either (1) failed to maintain any
30vehicle used in transportation for compensation in a safe operating
31condition or to comply with the Vehicle Code or with regulations
32contained in Title 13 of the California Code of Regulations relative
33to motor carrier safety, and, in the department’s opinion, that failure
34presents an imminent danger to public safety or constitutes such
35a consistent failure as to justify a recommendation to the Public
36Utilities Commission or the United States Department of
37Transportation or (2) failed to enroll all drivers in the pull notice
38system as required by Section 1808.1, the department shall
39recommend to the Public Utilities Commission that the carrier’s
40operating authority be suspended, denied, or revoked, or to the
P16   1 United States Department of Transportation that appropriate
2administrative action be taken against the carrier’s interstate
3operating authority, whichever is appropriate. For purposes of this
4subdivision, two consecutive unsatisfactory compliance ratings
5for an inspected terminal assigned because the tour bus carrier or
6modified limousine carrier failed to comply with the periodic report
7requirements of Section 1808.1 or the cancellation of the carrier’s
8enrollment by the Department of Motor Vehicles for nonpayment
9of required fees may be determined by the department to be a
10consistent failure. However, when recommending denial of an
11application for new or renewal authority, the department need not
12conclude that the carrier’s failure presents an imminent danger to
13public safety or that it constitutes a consistent failure. The
14department need only conclude that the carrier’s compliance with
15the safety-related matters described in paragraph (1) of subdivision
16(a) is sufficiently unsatisfactory to justify a recommendation for
17denial. The department shall retain a record, by carrier, of every
18recommendation made pursuant to this section.

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

22(1) That the department has determined that the carrier’s safety
23record is unsatisfactory, furnishing a copy of any documentation
24or summary of any other evidence supporting the determination.

25(2) That the determination may result in a suspension,
26revocation, or denial of the carrier’s operating authority by the
27Public Utilities Commission or the United States Department of
28Transportation, as appropriate.

29(3) That the carrier may request a review of the determination
30by the department within five days of its receipt of the notice
31required under this subdivision. If a review is requested by the
32carrier, the department shall conduct and evaluate that review prior
33to transmitting any notification pursuant to subdivision (a).

begin insert

34
(c) Notwithstanding subdivision (a) or (b), upon determining
35during a terminal inspection or at any other time that the condition
36of a tour bus is such that it has multiple safety violations of a nature
37that operation of the tour bus could constitute an imminent danger
38to public safety, the department shall immediately order the tour
39bus out of service. The tour bus shall not be subsequently operated
40with passengers until all of the safety violations have been
P17   1corrected and the department has verified the correction of the
2safety violations upon a subsequent inspection by the department
3of the tour bus, which shall occur within five business days of the
4submission of a reinspection request from the tour bus carrier to
5the department.

end insert
6

begin deleteSEC. 10.end delete
7
begin insertSEC. 3.end insert  

No reimbursement is required by this act pursuant to
8Section 6 of Article XIII B of the California Constitution because
9the only costs that may be incurred by a local agency or school
10district will be incurred because this act creates a new crime or
11infraction, eliminates a crime or infraction, or changes the penalty
12for a crime or infraction, within the meaning of Section 17556 of
13the Government Code, or changes the definition of a crime within
14the meaning of Section 6 of Article XIII B of the California
15Constitution.



O

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