BILL ANALYSIS � 1
SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE
ALEX PADILLA, CHAIR
AB 838 - Hill Hearing Date: July 3, 2012
A
As Amended: June 15, 2012 Non-FISCAL
B
8
3
8
DESCRIPTION
Current law authorizes the California Public Utilities
Commission (CPUC) to regulate charter-party carriers of
passengers, defined to mean persons engaged in the
transportation of persons by motor vehicle for compensation on a
prearranged basis over any public highway in California,
commonly known as limousines and busses.
Current law requires charger party carriers to prearrange the
transport of passengers or a representative of passengers either
by written contract or telephone and requires every carrier to
include on a "waybill" or trip report specified information
about the carrier, vehicle, driver, passengers, and points of
origination and destination.
Current law and CPUC General Order requires a charter party
carrier driver to make a waybill available for inspection by a
city or county official, or any CPUC or airport enforcement
officer.
This bill provides that a waybill or trip report may be kept,
and provided to a public safety official upon request, in either
electronic or hardcopy format.
BACKGROUND
The CPUC regulates "charter party carriers" that operate on the
public highways of the state, including limousines (vehicles
with no more than 10 passengers including the driver) busses
(vehicles with more than 10 passengers including the driver).
Carriers are required to obtain permits or certificates after
providing financial responsibility and safety information to the
CPUC, including evidence of liability insurance and a California
Highway Patrol safety inspection. Cities, counties, and public
airports are authorized to regulate by ordinance carriers that
operate wholly within their jurisdictions.
Each charter party carrier is required to keep a waybill or trip
report for each prearranged trip. The CPUC's General Order
157-D, section 3.01, requires a driver, upon request, to show
the waybill to any CPUC or airport enforcement officer or any
authorized city or county official. The order requires that the
way bill include the following information:
Name of carrier and CPUC registration number.
Vehicle license plate number
Driver's name
Name and address of person requesting or arranging the
charter.
Time and date when charter was arranged.
Whether the transportation was arranged by telephone or
written contract.
Number of persons
Name of at least one passenger in traveling party, or
identifying information of the traveling party's
affiliation
Points of origination and destination.
COMMENTS
1. Author's Purpose . According to the author, charter
party carrier operators are rapidly employing technologies
that will allow them to communicate with their customers
and employees in a more efficient and effective manner, but
concerns that current law does not specifically authorize
electronic format for required documents is inhibiting the
use of available technology. This bill will clarify that
electronic waybills are authorized, giving carriers more
flexibility and ability to update waybill information on a
real time basis as customer travel plans change.
2. Inspection by Officials . This bill provides that, when
requested by a public safety official, a waybill or trip
report may be provided in either electronic or hardcopy
format. Current law and General Order 157-D authorizes a
CPUC or airport enforcement official or an authorized city
or county official to inspect waybills. Because "public
safety" official has a specific statutory definition and
may not encompass all those authorized to inspect waybills,
the author and committee may wish to consider amending the
bill to strike "a public safety official" and instead refer
to "an official authorized to inspect a waybill."
3. Arranging Trip by Electronic Communication . This bill
amends Public Utilities Code Section 5381.5, which also
requires that a waybill include information as to whether
the transportation "was arranged by telephone or written
contract." To advance the author's intent that rules for
charter party carriers reflect the 21st century, the author
and committee may wish to consider amending the bill to
reference whether transportation was arranged by telephone,
written contract, or electronic communication.
4. Hard Copies . The CPUC has expressed concern that use of
electronic waybills may impede its inspectors' access to
carrier records and has requested that the bill be amended
to require that carriers maintain hard copies of its
waybills. However, this concern is addressed by the fact
that waybills maintained in electronic format could be made
available to inspectors in hard copy format by printing
them.
5. Effective Date . This bill, if enacted, will become
effective on January 1, 2013. The author has indicated a
desire to make the electronic option for waybills effective
a year later to address the California Airports Council's
concern that more time is needed to change airport
enforcement rules to accommodate electronic waybills.
Thus, the author and committee may wish to consider
amending the bill to make the waybill electronic format
option operative on January 1, 2014.
ASSEMBLY VOTES*
Assembly Floor (54-19)
Assembly Appropriations Committee (12-5)
Assembly Utilities and Commerce Committee(11-3)
Assembly Rules Committee (10-0)
*Prior votes not relevant
POSITIONS
Sponsor:
Author
Support:
Greater California Livery Association
Oppose:
None on file
Jacqueline Kinney
AB 838 Analysis
Hearing Date: July 3, 2012