BILL ANALYSIS
AB 636
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 636 (Jones)
As Amended September 4, 2009
Majority vote
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|ASSEMBLY: |73-0 |(May 14, 2009) |SENATE: |26-6 |(September 9, |
| | | | | |2009) |
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Original Committee Reference: U. & C.
SUMMARY : Requires the California Public Utilities Commission
(PUC) to permanently revoke the authority of a charter-party
carrier if the carrier knowingly employs a non-licensed or
inappropriately licensed driver, suspend the license for five
years of a person who drives a bus for a charter-party carrier
who lacks the proper license of the proper class, requires a
California Highway Patrol (CHP) officer to impound the bus if
driven by a non-licensed driver, and imposes other new
restrictions and requirements on charter-party carriers.
The Senate amendments :
1)Change the term of suspension of a license from permanently to
five years for a person who drives a bus for a charter-party
carrier who lacks the proper license of the proper class.
2)Expand the Vehicle Code violations that the clerk of a court
is required to report to the Department of Motor Vehicles to
include violations committed while driving a bus for a
charter-party carrier.
3)Provide that this bill would incorporate additional changes in
Section 1803 of the Vehicle Code proposed by AB 134
(Blakeslee) that would become operative only if AB 134 and
this bill are both chaptered and become effective on or before
January 1, 2010, and this bill is chaptered last.
4)Provide that this bill will be enacted contingently with AB
951 (Lieu), which increases the range of various fines PUC can
impose on charter-party carriers who knowingly violate state
laws and PUC regulations.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar;
AB 636
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however, it had fewer specified situations where a charter-party
carrier would be in violation of the Charter-party Carrier Act.
FISCAL EFFECT : Minor absorbable costs to PUC for additional
enforcement.
COMMENTS : 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. The group would usually reserve the vehicle as a group,
and would not reserve a "seat" individually.
This bill as well as AB 951 came about after the October 5, 2008
bus crash in Colusa County which resulted in 10 fatalities.
Investigative reports revealed that both the driver and the bus
company were not in compliance with current laws. There is
concern that the current regulations and penalties for
non-compliance fail to effectively deter rogue bus operations.
Analysis Prepared by : Gina Adams / U. & C. / (916) 319-2083
FN:
0003083