BILL ANALYSIS
AB 636
Page 1
Date of Hearing: May 6, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 636 (Jones) - As Amended: April 13, 2009
Policy Committee:
UtilitiesVote:15-0
Transportation 13-0
(Consent)
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill places new requirements on the operations of
charter-party carriers. Specifically, this bill:
1)Permanently revokes a person's ability to attain a license to
drive a bus of any kind, if that person drives a bus for a
charter-party carrier without the proper driver's license,
endorsement, or certificate.
2)Requires the Public Utilities Commission (PUC) to permanently
revoke the authority of a charter-party carrier that operates
a bus without having been issued a proper permit from the PUC
or who knowingly employs a bus driver who has not been issued
the required license, endorsement, or certificate.
3)Requires, when a California Highway Patrol (CHP) officer stops
or inspects a charter-party carrier that is operating the bus
without having been issued the proper permit from the PUC or
is being driven by a driver to whom an appropriate license,
endorsement, or certificate has not been issued, that the bus
be impounded for 30 days.
4)Provides a charter-party carrier subject to (3) a right to an
expedited hearing by the PUC.
FISCAL EFFECT
Minor absorbable costs to the PUC for additional enforcement.
AB 636
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COMMENTS
1)Background . Charter-party carriers furnish
limousines-for-hire or passenger charter transportation
service in motor vehicles. Charter-party carriers do not
include vehicles on a set schedule or between fixed termini,
taxi cabs, car rentals, or a city bus. Typical charter party
carriers provide different sized vehicles to take a scheduled
group of people to another location and/or back, such as on
tour buses. The group would usually reserve the vehicle as a
group, and would not reserve a "seat" individually. Current
law requires charter-party carriers to possess a certificate
to operate from the PUC.
2)Purpose . According to the author, the purpose of this bill is
to implement stronger deterrents for charter buses that pose
great harm to passengers. The author cites two recent
incidents involving charter-party carriers who were in
violation of the law.
On October 5, 2008, a bus crashed on its way to a casino in
Colusa County. The crash killed 10 people and injured nearly
40 others. The investigation report revealed that the bus
driver did not have the proper "P" endorsement from DMV, and
the bus company was currently filed with DMV as
"non-operational."
On October 31, 2008, a charter bus carrying the Alameda High
School varsity football team crashed in Pinole. There were no
major injuries, but the CHP determined later that the driver
did not hold the proper license and the bus itself had not
been registered with CHP since 2005.
The author notes six other incidences where buses and/or
operators did not possess the appropriate licenses,
endorsements, or certificates. Some had mechanical
violations. Based on the suspected number of carriers
operating without a license and the number of accidents and
incidents that result from these violations, the author
believes current penalties clearly are not hindering these
carriers. This bill is sponsored by the California Bus
Association.
3)Related Legislation . AB 951 (Lieu), also on today's agenda,
increases the range of fines the PUC can impose on
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charter-party carriers who knowingly violate state laws and
PUC regulations.
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081