BILL ANALYSIS �
AB 838
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 838 (Hill)
As Amended August 16, 2012
Majority vote
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|ASSEMBLY: |54-19|(January 26, |SENATE: |37-0 |(August 21, |
| | |2012) | | |2012) |
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Original Committee Reference: U. & C.
SUMMARY: Creates an Assistant Director of Public Safety at the
California Public Utilities Commission (PUC). This individual
would be in charge of coordinating safety information across
PUC's many divisions to make sure that safety is a consideration
in all PUC decisions, including ratemaking.
The Senate amendments delete the Assembly version of this bill,
and instead:
1) Sunsets current requirements for charter party carriers
to maintain hard copies of waybills or trip reports for
inspection by appropriate authorities effective January 1,
2014.
2) Establishes similar requirements to current statute for
charter party carriers to maintain waybills or trip reports
in either hardcopy or electronic format for inspection by
appropriate authorities effective January 1, 2014 and make
hardcopy or electronic copies of waybills available to
commission or airport enforcement officer or any official
of a city, county, or city and county authorized to inspect
a waybill or trip report.
3) Specifies minimum information that charter party
carriers must include on waybills or trip reports.
FISCAL EFFECT: According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS:
Author's purpose . According to the author, charter party
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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.
Background . Current law authorizes the PUC to regulate "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 PUC, 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 PUC's General Order 157-D,
section 3.01, requires a driver, upon request, to show the
waybill to any PUC or airport enforcement officer or any
authorized city or county official. The order requires that the
way bill include specific information about the carrier,
vehicle, driver, client, number of passengers, and point of
origin and destination.
Electronic or hardcopy of waybills and inspection by officials .
This bill provides that a waybill or trip report may be kept in
electronic or hard copy format and that it be provided in either
electronic or hardcopy format when requested by an authorized
official.
Effective date . This bill, if enacted, will make changes to
waybill requirements effective on January 1, 2014, to address
concerns that more time needed to change airport enforcement
rules to accommodate electronic waybills.
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Analysis Prepared by : Sue Kateley / U. & C. / (916) 319-2083
FN: 0005226