Amended in Assembly July 1, 2014

Amended in Assembly June 4, 2014

Amended in Assembly May 1, 2014

Amended in Assembly January 7, 2014

Amended in Assembly September 9, 2013

Amended in Assembly September 6, 2013

Amended in Assembly September 3, 2013

Amended in Assembly August 6, 2013

Amended in Assembly June 14, 2013

Amended in Senate May 28, 2013

Amended in Senate May 8, 2013

Amended in Senate April 15, 2013

Senate BillNo. 611


Introduced by Senator Hill

February 22, 2013


An act to amend Sections 1042, 5373.1, 5385.7, and 5387 of, to add Sections 1042.1, 5361, and 5384.2 to, and to repeal Sections 5385.6 and 5390 of, the Public Utilities Code, and to amend Sections 27375, 34500, and 34505.1 of, to add Sections 378, 28062, and 34500.4 to, and to repeal Sections 5011.5, 5011.6, and 5011.9 of, the Vehicle Code, relating to vehiclesbegin insert, and declaring the urgency thereof, to take effect immediatelyend insert.

LEGISLATIVE COUNSEL’S DIGEST

SB 611, as amended, Hill. Modified limousines: inspection program: safety requirements.

(1) The Passenger Charter-party Carriers’ Act places charter-party carriers of passengers, as defined, under the jurisdiction and control of the Public Utilities Commission. The act defines a charter-party carrier of passengers to mean every person that is engaged in the transportation of persons by motor vehicle for compensation, whether in common or contract carriage, over any public highway, subject to certain exceptions, including common carrier passenger stage corporations. Existing law requires the Department of the California Highway Patrol to regulate the safe operation of motor vehicles engaged in transportation for hire or compensation and to inspect those vehicles to ensure that they have the required safety equipment. A violation of these provisions is a crime.

This bill would require a modified limousine, as defined, to be equipped with 2 readily accessible and fully charged fire extinguishers, as specified, and would require one fire extinguisher to be securely mounted in the driver’s compartment and at least one to be accessible to the passengers. The bill would require the driver or operator of the modified limousine to notify the passengers of the location of each fire extinguisher prior to the commencement of any trip.

The bill would require the department, not later than January 1, 2016, to implement a safety inspection program, as specified, of charter-party carriers of passengers and passenger stage corporations that operate modified limousines. The bill would require the department to adopt emergency regulations for this purpose. The bill would require the department to transmit to the Public Utilities Commission inspection data of modified limousines inspected pursuant to this program. The bill would also require the department to adopt regulations to establish an inspection fee to be paid by a charter-party carrier or passenger stage corporation, as specified. The bill would require the inspection fee to be collected by the Public Utilities Commission and deposited into the Motor Vehicle Account in the State Transportation Fund to cover the costs of the inspections conducted by the department.

(2) Existing law requires that the Department of the California Highway Patrol, upon determining that a tour bus operator has failed, as provided, to comply with certain Vehicle Code provisions or related regulations, recommend to the Public Utilities Commission and other authorities that certain actions be taken against the carrier.

This bill would also apply these requirements to an operator of modified limousines and correct obsolete references.

(3) Existing law requires every passenger stage corporation to furnish the Public Utilities Commission annually a list, prepared under oath, of all vehicles used in transportation for compensation during the preceding year and requires the commission to furnish a copy of this list to the Department of the California Highway Patrol.

This bill would apply these requirements to charter-party carriers of passengers and would require that the list identify each modified limousine and its terminal location. The bill would prohibit the commission from issuing or continuing in effect, any permit, certificate, or authority of a passenger stage corporation or charter-party carrier of passengers that has not submitted the required fee for inspection pursuant to the inspection program. The bill would require the commission, not later than January 1, 2015, to provide the Department of the California Highway Patrol a list of each modified limousine and its terminal location in order for the department to promulgate regulations pursuant to these provisions.

(4) Existing law requires a limousine operated by a charter-party carrier to display a special identification license plate, containing the word “livery.” The special license plate is issued by the Department of Motor Vehicles, and the cost of the special license plate program is funded by the Public Utilities Commission from the Transportation Reimbursement Account.

This bill would repeal these and various other related provisions.

(5) The bill would make other conforming and technical changes.

(6) Because a violation of the bill’s requirements would be a crime, this bill would impose a state-mandated local program.

(7) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

begin insert

(8) This bill would declare that it is to take effect immediately as an urgency statute.

end insert

Vote: begin deletemajority end deletebegin insert23end insert. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P4    1

SECTION 1.  

Section 1042 of the Public Utilities Code is
2amended to read:

3

1042.  

(a) Every passenger stage corporation shall furnish the
4commission annually with a list, prepared under oath, of all
5vehicles used in transportation for compensation during the
6preceding year. This list shall include and identify each modified
7limousine and the terminal location of each modified limousine.
8The commission shall furnish a copy of this list identifying each
9modified limousine and its terminal location to the Department of
10the California Highway Patrol. The commission shall also furnish
11a copy of this list to the corporation’s insurer, if the corporation’s
12accident liability protection is provided by a policy or policies of
13insurance.

14(b) The commission shall not issue or continue in effect any
15permit, certificate, or authority of a passenger stage corporation
16that has not submitted fees required for inspection pursuant to
17Section 34500.4 of the Vehicle Code and any associated penalties,
18if applicable.

19(c) If the passenger stage corporation’s insurer informs the
20commission that the corporation has failed to obtain insurance
21coverage for any vehicle reported on the list, the commission may,
22in addition to any other applicable penalty provided in this part,
23for a first occurrence, suspend the corporation’s certificate or
24impose a fine, or both, and for a second or subsequent occurrence
25may suspend or revoke the certificate or impose a fine, or both.

26(d) As used in this section and Section 1042.1, “modified
27limousine” means any vehicle that has been modified, altered, or
28extended in a manner that increases the overall wheelbase of the
29vehicle, exceeding the original equipment manufacturer’s published
30wheelbase dimension for the base model and year of the vehicle,
31in any amount sufficient to accommodate additional passengers
32with a seating capacity of not more than 10 passengers including
33the driver, and is used in the transportation of passengers for hire.
34For purposes of this subdivision, “wheelbase” means the
35longitudinal distance between the vertical centerlines of the front
36and rear wheels.

37

SEC. 2.  

Section 1042.1 is added to the Public Utilities Code,
38to read:

P5    1

1042.1.  

Not later than January 1, 2015, the commission shall
2provide the Department of the California Highway Patrol with a
3list of each passenger stage corporation’s modified limousines and
4their terminal locations in order for the department to promulgate
5regulations pursuant to Section 34500.4 of the Vehicle Code.

6

SEC. 3.  

Section 5361 is added to the Public Utilities Code, to
7read:

8

5361.  

“Modified limousine” means any vehicle that has been
9modified, altered, or extended in a manner that increases the overall
10wheelbase of the vehicle, exceeding the original equipment
11manufacturer’s published wheelbase dimension for the base model
12and year of the vehicle, in any amount sufficient to accommodate
13additional passengers with a seating capacity of not more than 10
14passengers including the driver, and is used in the transportation
15of passengers for hire. For purposes of this section, “wheelbase”
16means the longitudinal distance between the vertical centerlines
17of the front and rear wheels.

18

SEC. 4.  

Section 5373.1 of the Public Utilities Code is amended
19to read:

20

5373.1.  

(a) Each application for a charter-party carrier of
21passengers certificate or permit shall be accompanied by a filing
22fee as follows:

23(1) Class A certificates (new): one thousand five hundred dollars
24($1,500).

25(2) Class A certificates (renewal): one hundred dollars ($100).

26(3) Class B certificates (new): one thousand dollars ($1,000).

27(4) Class B certificates (renewal): one hundred dollars ($100).

28(5) Class C certificates (new): one thousand dollars ($1,000).

29(6) Class C certificates (renewal): one hundred dollars ($100).

30(7) Permits (new): one thousand dollars ($1,000).

31(8) Permits (renewal): one hundred dollars ($100).

32(b) The commission shall also require each application to be
33accompanied by a fee to offset the cost of the charter-party carrier
34bus terminal inspections conducted by the Department of the
35California Highway Patrol. The fee shall be fifteen dollars ($15)
36per tour bus, as defined in Section 612 of the Vehicle Code, or a
37maximum of six thousand five hundred dollars ($6,500) for each
38operating carrier.

39(c) The commission shall require each charter-party carrier that
40operates tour buses, as defined in Section 612 of the Vehicle Code,
P6    1to undergo an annual bus terminal inspection conducted by the
2Department of the California Highway Patrol and to pay an annual
3fee of fifteen dollars ($15) per tour bus, or a maximum of six
4thousand five hundred dollars ($6,500), to offset the cost of the
5inspections.

6(d) The commission shall deposit the fees collected pursuant to
7subdivisions (b) and (c) in the Motor Vehicle Account in the State
8Transportation Fund to cover the costs of the inspections conducted
9by the department as specified in subdivisions (b) and (c).

10

SEC. 5.  

Section 5384.2 is added to the Public Utilities Code,
11to read:

12

5384.2.  

(a) Every charter-party carrier of passengers shall
13furnish the commission annually with a list, prepared under oath,
14of all vehicles used in transportation for compensation during the
15preceding year. The list shall include and identify each modified
16limousine and the terminal location of each modified limousine.
17The commission shall furnish a copy of this list identifying each
18modified limousine and its terminal location to the Department of
19the California Highway Patrol.

20(b) The commission shall not issue or continue in effect any
21permit, certificate, or authority of a charter-party carrier of
22passengers that has not submitted fees required for inspection
23pursuant to Section 34500.4 of the Vehicle Code and any associated
24penalties, if applicable.

25(c) Not later than January 1, 2015, the commission shall provide
26the Department of the California Highway Patrol with a list of
27each charter-party carrier’s modified limousines and their terminal
28locations in order for the department to promulgate regulations
29pursuant to Section 34500.4 of the Vehicle Code.

30

SEC. 6.  

Section 5385.6 of the Public Utilities Code is repealed.

31

SEC. 7.  

Section 5385.7 of the Public Utilities Code is amended
32to read:

33

5385.7.  

A charter-party carrier shall not operate a modified
34limousine, as defined in Section 5361, unless the modified
35limousine is equipped with emergency exits at the rear of the
36vehicle as required pursuant to Article 3.4 (commencing with
37Section 27375) of Chapter 5 of Division 12 of the Vehicle Code.
38The commission shall adopt rules to implement this section.

39

SEC. 8.  

Section 5387 of the Public Utilities Code is amended
40to read:

P7    1

5387.  

(a) It is unlawful for the owner of a charter-party carrier
2of passengers to permit the operation of a vehicle upon a public
3highway for compensation without (1) having obtained from the
4commission a certificate or permit pursuant to this chapter, (2)
5having complied with the vehicle identification requirements of
6Section 5385 or 5385.5, and (3) having complied with the accident
7liability protection requirements of Section 5391.

8(b) A person who drives a bus for a charter-party carrier without
9having a current and valid driver’s license of the proper class, a
10passenger vehicle endorsement, or the required certificate shall be
11suspended from driving a bus of any kind, including, but not
12limited to, a bus, schoolbus, school pupil activity bus, or transit
13bus, with passengers for a period of five years pursuant to Section
1413369 of the Vehicle Code.

15(c) (1) A charter-party carrier shall have its authority to operate
16as a charter-party carrier permanently revoked by the commission
17or be permanently barred from receiving a permit or certificate
18from the commission if it commits any of the following acts:

19(A) Operates a bus without having been issued a permit or
20certificate from the commission.

21(B) Operates a bus with a permit that was suspended by the
22commission pursuant to Section 5378.5.

23(C) Commits three or more liability insurance violations within
24a two-year period for which it has been cited.

25(D) Operates a bus with a permit that was suspended by the
26commission during a period that the charter-party carrier’s liability
27insurance lapsed for which it has been cited.

28(E) Knowingly employs a busdriver who does not have a current
29and valid driver’s license of the proper class, a passenger vehicle
30endorsement, or the required certificate to drive a bus.

31(F) Has one or more buses improperly registered with the
32Department of Motor Vehicles.

33(2) The commission shall not issue a new permit or certificate
34to operate as a charter-party carrier if any officer, director, or owner
35of that charter-party carrier was an officer, director, or owner of
36a charter-party carrier that had its authority to operate as a
37charter-party carrier permanently revoked by the commission or
38that was permanently barred from receiving a permit or certificate
39from the commission pursuant to this subdivision.

P8    1(d) An officer of the Department of the California Highway
2Patrol may impound a bus of a charter-party carrier for 30 days
3pursuant to Section 14602.9 of the Vehicle Code if the officer
4determines that any of the following violations occurred while the
5busdriver was operating the bus of a charter-party carrier:

6(1) The driver was operating the bus of a charter-party carrier
7when the charter-party carrier did not have a permit or certificate
8issued by the commission.

9(2) The driver was operating the bus of a charter-party carrier
10when the charter-party carrier was operating the bus with a
11suspended permit or certificate from the commission.

12(3) The driver was operating the bus of a charter-party carrier
13without having a current and valid driver’s license of the proper
14class, a passenger vehicle endorsement, or the required certificate.

15

SEC. 9.  

Section 5390 of the Public Utilities Code is repealed.

16

SEC. 10.  

Section 378 is added to the Vehicle Code, to read:

17

378.  

(a) “Limousine” means any sedan or sport utility vehicle,
18of either standard or extended length, with a seating capacity of
19not more than 10 passengers including the driver, used in the
20transportation of passengers for hire on a prearranged basis within
21this state.

22(b) “Modified limousine” means any vehicle that has been
23modified, altered, or extended in a manner that increases the overall
24wheelbase of the vehicle, exceeding the original equipment
25manufacturer’s published wheelbase dimension for the base model
26and year of the vehicle, in any amount sufficient to accommodate
27additional passengers with a seating capacity of not more than 10
28passengers including the driver, and is used in the transportation
29of passengers for hire. For purposes of this subdivision,
30“wheelbase” means the longitudinal distance between the vertical
31centerlines of the front and rear wheels.

32

SEC. 11.  

Section 5011.5 of the Vehicle Code is repealed.

33

SEC. 12.  

Section 5011.6 of the Vehicle Code is repealed.

34

SEC. 13.  

Section 5011.9 of the Vehicle Code is repealed.

35

SEC. 14.  

Section 27375 of the Vehicle Code is amended to
36read:

37

27375.  

(a) Any person who operates a modified limousine
38shall ensure that the vehicle has at least two rear side doors and
39one or two rear windows, as specified in paragraph (1), that the
40rear seat passengers or all passengers of the vehicle may open from
P9    1the inside of the vehicle in case of any fire or other emergency that
2may require the immediate exit of the passengers of the vehicle.
3A limousine subject to this section shall be equipped with both of
4the following:

5(1) (A) Except as provided in subparagraph (B), at least two
6rear push-out windows that are accessible to all passengers. At
7least one push-out window shall be located on each side of the
8vehicle, unless the design of the limousine precludes the installation
9of a push-out window on one side of the vehicle, in which case
10the second push-out window shall instead be located in the roof
11of the vehicle.

12(B) If the design of the limousine precludes the installation of
13even one push-out window on a side of the vehicle, one push-out
14window shall instead be located in the roof of the vehicle.

15(C) The Department of the California Highway Patrol shall
16establish, by regulation, standards to ensure that window exits are
17operable and sufficient in emergency situations for limousine
18passengers. The department shall ensure that these regulations
19comply with any applicable federal motor vehicle safety standards.

20(2) At least two rear side doors that are accessible to all
21passengers and that may be opened manually by any passenger.
22At least one rear side door shall be located on each side of the
23vehicle. For modified limousines, on or after July 1, 2015, at least
24one of these side doors shall be located near the driver’s
25compartment and another near the back of the vehicle. These side
26doors shall comply with any applicable federal motor vehicle safety
27standards as deemed necessary by the Department of the California
28Highway Patrol.

29(b) In the case of any fire or other emergency that requires the
30immediate exit of the passengers from the limousine, the driver of
31the limousine shall unlock the doors so that the rear side doors can
32be opened by the passengers from the inside of the vehicle.

33(c) An owner or operator of a limousine shall do all of the
34following:

35(1) Instruct all passengers on the safety features of the vehicle
36prior to the beginning of any trip, including, but not limited to,
37instructions for lowering the partition between the driver and
38passenger compartments and for communicating with the driver
39by the use of an intercom or other onboard or wireless device.

P10   1(2) Disclose to the contracting party and the passengers whether
2the limousine meets the safety requirements described in this
3section.

4(3) If paragraph (3) of subdivision (d) applies, the owner or
5operator of a limousine shall further disclose to the contracting
6party and the passengers that the limousine does not meet the safety
7requirements required in subdivision (a) regarding vehicle escape
8options because of its exempt status, and therefore may pose a
9greater risk to passengers should emergency escape be necessary.

10(d) (1) Subdivision (a) shall apply to all modified limousines
11on or after July 1, 2015.

12(2) Subdivision (a) shall, beginning January 1, 2016, apply to
13all vehicles that met the definition of modified limousine as
14described in subdivision (b) of Section 378, prior to July 1, 2015.

15(3) Except as provided in paragraph (4), subdivision (a) shall
16not apply to any limousine manufactured prior to 1970 and that
17has an active transportation charter-party carrier (TCP) number
18that was issued by the commission as of August 15, 2013.

19(4) Subdivision (a) shall apply to any limousine manufactured
20prior to 1970 if it was modified after August 15, 2013.

21

SEC. 15.  

Section 28062 is added to the Vehicle Code, to read:

22

28062.  

(a) A modified limousine shall be equipped with two
23readily accessible and fully charged fire extinguishers having at
24least a 2A10BC 5 pound rating and maintained in efficient
25operating condition. One fire extinguisher shall be securely
26mounted in the driver’s compartment and at least one shall be
27accessible to the passengers.

28(b) The driver or operator of a modified limousine shall notify
29the passengers of the location of each fire extinguisher prior to the
30commencement of any trip.

31

SEC. 16.  

Section 34500 of the Vehicle Code is amended to
32read:

33

34500.  

The department shall regulate the safe operation of the
34following vehicles:

35(a) Motortrucks of three or more axles that are more than 10,000
36pounds gross vehicle weight rating.

37(b) Truck tractors.

38(c) Buses, schoolbuses, school pupil activity buses, youth buses,
39farm labor vehicles, modified limousines, and general public
40paratransit vehicles.

P11   1(d) Trailers and semitrailers designed or used for the
2transportation of more than 10 persons, and the towing motor
3vehicle.

4(e) Trailers and semitrailers, pole or pipe dollies, auxiliary
5dollies, and logging dollies used in combination with vehicles
6listed in subdivision (a), (b), (c), or (d). This subdivision does not
7include camp trailers, trailer coaches, and utility trailers.

8(f) A combination of a motortruck and a vehicle or vehicles set
9forth in subdivision (e) that exceeds 40 feet in length when coupled
10together.

11(g) A truck, or a combination of a truck and any other vehicle,
12transporting hazardous materials.

13(h) Manufactured homes that, when moved upon the highway,
14are required to be moved pursuant to a permit as specified in
15Section 35780 or 35790.

16(i) A park trailer, as described in Section 18009.3 of the Health
17and Safety Code, that, when moved upon a highway, is required
18to be moved pursuant to a permit pursuant to Section 35780.

19(j) Any other motortruck not specified in subdivisions (a) to
20(h), inclusive, or subdivision (k), that is regulated by the
21Department of Motor Vehicles, Public Utilities Commission, or
22United States Secretary of the Department of Transportation, but
23only for matters relating to hours of service and logbooks of
24drivers.

25(k) A commercial motor vehicle with a gross vehicle weight
26rating of 26,001 or more pounds or a commercial motor vehicle
27of any gross vehicle weight rating towing a vehicle described in
28subdivision (e) with a gross vehicle weight rating of more than
2910,000 pounds, except combinations including camp trailers, trailer
30coaches, or utility trailers. For purposes of this subdivision, the
31term “commercial motor vehicle” has the meaning defined in
32subdivision (b) of Section 15210.

33

SEC. 17.  

Section 34500.4 is added to the Vehicle Code, to
34read:

35

34500.4.  

(a) The Department of the California Highway Patrol
36shall conduct safety inspections of modified limousines that are
37operated by passenger stage corporations pursuant to Article 2
38(commencing with Section 1031) of Chapter 5 of Part 1 of Division
391 of the Public Utilities Code or by charter-party carriers of
40passengers pursuant to the Passenger Charter-party Carriers’ Act
P12   1(Chapter 8 (commencing with Section 5351) of Division 2 of the
2Public Utilities Code).

3(b) (1) Not later than January 1, 2016, the Department of the
4California Highway Patrol shall implement a safety inspection
5program of charter-party carriers of passengers and passenger stage
6corporations that operate modified limousines. The inspection
7program shall include, but is not limited to, the safe operation of
8the vehicle, the installation of safety equipment, the retention of
9maintenance logs, accident reports, and records of driver discipline,
10compliance with federal and state motor vehicle safety standards,
11the examination of a preventative maintenance program, and, if
12ownership of the modified limousine has been transferred, the
13transmission of relevant safety and maintenance information of
14the limousine.

15(2) Pursuant to the safety inspection program, the department
16shall conduct an inspection of each charter-party carrier of
17passengers and passenger stage corporation that operates modified
18limousines at least once every 13 months.

19(3) The department shall adopt emergency regulations for
20purposes of this subdivision. The adoption by the department of
21regulations implementing this section shall be deemed to be an
22emergency and necessary to avoid serious harm to the public peace,
23health, safety, or general welfare for purposes of Sections 11346.1
24and 11349.6 of the Government Code, and the department is hereby
25exempted from the requirement that it describe facts showing the
26need for immediate action to the Office of Administrative Law.
27The emergency regulations shall remain in effect for no more than
28one year, by which time final regulations shall be adopted.

29(4) (A) The department shall adopt regulations to establish an
30inspection fee applied to modified limousines to be collected every
3113 months, based on the number of modified limousines operated
32by a single charter-party carrier or passenger stage corporation.
33The fee shall be in an amount sufficient to offset the costs to
34administer this inspection program and shall not be used to supplant
35or support any other inspection program conducted by the
36department. The fee shall be in addition to any other required fee.
37When developing the regulations, the department shall consider
38measures that increase efficiencies to limit the financial impact to
39charter-party carriers of passengers and passenger stage
P13   1corporations subject to the fee. The department shall promulgate
2the regulations in consultation with appropriate interested parties.

3(B) The fee structure established pursuant to this subdivision
4shall apply to modified limousines that are required to undergo a
5safety inspection pursuant to this section.

6(C) The fee established pursuant to this subdivision shall be
7collected by the Public Utilities Commission and deposited into
8the Motor Vehicle Account in the State Transportation Fund to
9cover the costs of the inspections conducted by the department.

10(5) The department shall transmit to the Public Utilities
11Commission inspection data of modified limousines inspected
12pursuant to this program, as specified in the program regulations.

13(c) Regulations adopted pursuant to this section shall be
14consistent with the established inspection program administered
15by the department for buses pursuant to this division.

16

SEC. 18.  

Section 34505.1 of the Vehicle Code is amended to
17read:

18

34505.1.  

(a) Upon determining that a tour bus or modified
19limousine operator has either (1) failed to maintain any vehicle
20used in transportation for compensation in a safe operating
21condition or to comply with the Vehicle Code or with regulations
22contained in Title 13 of the California Code of Regulations relative
23to motor carrier safety, and, in the department’s opinion, that failure
24presents an imminent danger to public safety or constitutes such
25a consistent failure as to justify a recommendation to the Public
26Utilities Commission or the interstate operating authority or the
27United States Department of Transportation or (2) failed to enroll
28all drivers in the pull notice system as required by Section 1808.1,
29the department shall recommend to the Public Utilities Commission
30that the carrier’s operating authority be suspended, denied, or
31revoked, or to the United States Department of Transportation,
32that appropriate administrative action be taken against the carrier’s
33interstate operating authority or United States Department of
34Transportation number, whichever is appropriate. For purposes of
35this subdivision, two consecutive unsatisfactory compliance ratings
36for an inspected terminal assigned because the tour bus or modified
37limousine operator failed to comply with the periodic report
38requirements of Section 1808.1 or the cancellation of the operator’s
39enrollment by the Department of Motor Vehicles for nonpayment
40of required fees may be determined by the department to be a
P14   1consistent failure. However, when recommending denial of an
2application for new or renewal authority, the department need not
3conclude that the carrier’s failure presents an imminent danger to
4public safety or that it constitutes a consistent failure. The
5department need only conclude that the carrier’s compliance with
6the safety-related matters described in paragraph (1) of subdivision
7(a) is sufficiently unsatisfactory to justify a recommendation for
8denial. The department shall retain a record, by operator, of every
9recommendation made pursuant to this section.

10(b) Before transmitting a recommendation pursuant to
11subdivision (a), the department shall notify the carrier in writing
12of all of the following:

13(1) That the department has determined that the carrier’s safety
14record is unsatisfactory, furnishing a copy of any documentation
15or summary of any other evidence supporting the determination.

16(2) That the determination may result in a suspension,
17revocation, or denial of the carrier’s operating authority or United
18States Department of Transportation number by thebegin delete Californiaend delete
19 Public Utilities Commission or the United States Department of
20Transportation, as appropriate.

21(3) That the carrier may request a review of the determination
22by the department within five days of its receipt of the notice
23required under this subdivision. If a review is requested by the
24carrier, the department shall conduct and evaluate that review prior
25to transmitting any notification pursuant to subdivision (a).

26

SEC. 19.  

No reimbursement is required by this act pursuant to
27Section 6 of Article XIII B of the California Constitution because
28the only costs that may be incurred by a local agency or school
29district will be incurred because this act creates a new crime or
30infraction, eliminates a crime or infraction, or changes the penalty
31for a crime or infraction, within the meaning of Section 17556 of
32the Government Code, or changes the definition of a crime within
33the meaning of Section 6 of Article XIII B of the California
34Constitution.

35begin insert

begin insertSEC. 20.end insert  

end insert
begin insert

This act is an urgency statute necessary for the
36immediate preservation of the public peace, health, or safety within
37the meaning of Article IV of the Constitution and shall go into
38immediate effect. The facts constituting the necessity are:

end insert
begin insert

P15   1In order to ensure that passenger safety requirements for
2modified limousines become effective at the earliest possible time,
3it is necessary that this act take effect immediately.

end insert


O

    87