BILL ANALYSIS �
AB 807
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 807 (Solorio)
As Amended June 7, 2011
Majority vote
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|ASSEMBLY: |76-0 |(April 11, |SENATE: |33-0 |(July 1, 2011) |
| | |2011) | | | |
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Original Committee Reference: TRANS.
SUMMARY : Requires employers of taxicab drivers to show California
Department of Motor Vehicles (DMV) pull-notice reports if requested
by an administrative agency responsible for issuing taxicab permits.
The Senate amendments clarify the ability of taxicab owners to
obtain pull-notice reports, and are non-substantive.
EXISTING LAW :
1)Establishes the pull-notice system administered by the DMV that
provides the employer of a driver who drives a specified type of
vehicle with a report showing the driver's current public record
and any subsequent convictions, driver's license revocations,
failures to appear, accidents, driver's license suspensions,
driver's license revocations, or any other actions taken against
the driving privilege.
2)Requires employers of drivers of specified vehicles such as
commercial truck drivers, school buses, farm labor vehicles, tow
trucks, youth buses, paratransit vehicles, ambulances, vehicles
that transport hazardous materials, to show pull-notice reports,
during regular business hours, upon the request of the California
Highway Patrol (CHP).
3)Requires employers of drivers of specified vehicles as described
above to obtain a periodic report from DMV at least every 12
months that is to be signed, dated, and maintained by the
employer.
4)Authorizes local authorities to adopt rules and regulations by
ordinance or regulation regarding, among other things, licensing
and regulating the operation of vehicles for hire and drivers of
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passengers for hire.
5)Requires every city or county to protect the public health,
safety, and welfare by adopting an ordinance or resolution in
regard to taxicab transportation service rendered in vehicles
designed for carrying not more than eight persons, excluding the
driver, which is operated within the jurisdiction of the city or
county. Establishes minimum standards for taxicab transportation
services. Additionally, indicates that a city or county is not
prohibited from adopting additional requirements for a taxicab to
operate within its jurisdiction (Government Code Section
53075.5).
AS PASSED BY THE ASSEMBLY , this bill:
1)Required prospective employers of taxicab drivers to show current
pull-notice reports, during normal business hours, upon the
request of an administrative agency responsible for issuing
taxicab permits. The report must be issued 30 days prior to the
date the driver is employed.
2)Additionally, required employers of taxicab drivers to obtain
periodic DMV pull-notice reports and to present it to the
administrative agency responsible for issuing taxicab permits at
its request.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : The DMV pull-notice system provides the employer of a
driver who drives a commercial truck, school bus, farm labor
vehicle, tow truck, youth bus, paratransit vehicle, or ambulance,
with a report showing the driver's current public record and any
subsequent convictions, driver's license revocations, failures to
appear, accidents, driver's license suspensions, driver's license
revocations, or any other actions taken against the driving
privilege. The law requires employers of drivers of those vehicles
to show pull-notice reports, during regular business hours, upon the
request of the CHP. This bill would expand that requirement thereby
allowing a local administrative agency responsible for issuing
taxicab permits to also request a copy of the pull-notice report
from the taxicab employer.
According to the author, taxicab administrative agencies are
currently "unable to directly access the driving records of
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permitted drivers to ensure drivers maintain a valid California
driver's license (CDL) and are not involved in a disqualifying
incident. Also, taxicabs are increasingly being used in a variety
of purposes, including as a supplement to paratransit services. One
taxicab administrative agency revoked drivers' permits due to
suspended CDLs. These drivers had operated taxicabs for several
months with a suspended CDL before the taxicab administrative agency
was informed."
To correct this situation and thereby provide additional safeguards
to the traveling public, this bill would authorize representatives
of the administrative agency responsible for permitting taxicab
transportations services to review the driving records produced
through their enrollment in DMV's voluntary employee pull-notice
program. Thereafter, should a taxicab driver problem surface, the
administrative agencies responsible for permitting taxicabs could
act quickly to prevent drivers with unsafe driving habits or who
lack a current CDL from continuing to transport passengers.
This bill does not place a state mandate upon employers of taxicab
drivers or prospective employers of taxicab drivers to participate
in the DMV pull-notice program. In the case of the Orange County
Taxi Administration Program (OCTAP), as administered by the Orange
County Transportation Authority, the OCTAP regulates taxicabs within
Orange County and its 34 cities. In accordance with the OCTAP
regulations for taxicabs, adopted by each member agency, an
individual who desires to operate a taxicab within Orange County
must maintain a valid CDL and the employer must enroll in the
voluntary DMV pull-notice program. Thus, the requirement to enroll
in the DMV pull-notice requirement is not a provision of this bill
but rather is separately required by Orange County and the cities
within the county under the powers granted to them under California
Government Code Section 53075.5.
Analysis Prepared by : Ed Imai / TRANS. / (916) 319-2093
FN: 0001403