BILL NUMBER: SB 611 AMENDED
BILL TEXT
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
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 28062
378, 28062, and 34500.4 to , and to repeal
Sections 5011.5, 5011.6, and 5011.9 of, the Vehicle Code,
relating to charter-party carriers of passengers.
vehicles .
LEGISLATIVE COUNSEL'S DIGEST
SB 611, as amended, Hill. Charter-party carriers of
passengers: limousines: fire extinguishers. Modified
limousin es: 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 , subject to certain
exceptions, 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, that has been modified or extended by an original
or final-stage manufacturer for purposes of increasing vehicle length
and passenger capacity 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
July 1, 2015, 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 that have been modified or
extended by an original or final-stage manufacturer for purposes of
increasing vehicle length and passenger capacity . 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 and would
require the original manufacturer or final-stage manufacturer of a
manufactured or aftermarket limousine, as described, to certify to
the department that the vehicle meets all applicable federal and
state motor vehicle safety standards. program.
The bill would also require the department to adopt regulations to
establish an inspection fee to be paid by a single
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.
Because
(6) Because a violation of
these provisions the bill's requirements
would be a crime, this bill would impose a state-mandated local
program.
(2)
(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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1042 of the Public
Utilities Code is amended to read:
1042. (a) Every passenger stage corporation shall furnish the
commission annually, as specified by the commission,
annually with a list, prepared under oath, of
all vehicles used in transportation for compensation during the
preceding year. This list shall include and identify each
modified limousine and the terminal location of each modified
limousine. The commission shall furnish a copy of this list
identifying each modified limousine and its terminal
location to the Department of the California Highway
Patrol and Patrol. The commission shall also furnish a
copy of this list to the corporation's insurer, if the
corporation's accident liability protection is provided by a policy
or policies of insurance.
(b) The commission shall not issue or continue in effect any
permit, certificate, or authority of a passenger stage corporation
that has not submitted fees required for inspection pursuant to
Section 34500.4 of the Vehicle Code and any associated penalties, if
applicable.
(b)
(c) If the passenger stage corporation's insurer
informs the commission that the corporation has failed to obtain
insurance coverage for any vehicle reported on the list, the
commission may, in addition to any other applicable penalty provided
in this part, for a first occurrence, suspend the corporation's
certificate or impose a fine, or both, and for a second or subsequent
occurrence may suspend or revoke the certificate or impose a fine,
or both.
(d) As used in this section and Section 1042.1, "modified
limousine" means any vehicle that has been modified, altered, or
extended in a manner that increases the overall wheelbase of the
vehicle, exceeding the original equipment manufacturer's published
wheelbase dimension for the base model and year of the vehicle, in
any amount sufficient to accommodate additional passengers with a
seating capacity of not more than 10 passengers including the driver,
and is used in the transportation of passengers for hire. For
purposes of this subdivision, "wheelbase" means the longitudinal
distance between the vertical centerlines of the front and rear
wheels.
SEC. 2. Section 1042.1 is added to the
Public Utilities Code , to read:
1042.1. Not later than January 1, 2015, the commission shall
provide the Department of the California Highway Patrol with a list
of each passenger stage corporation's modified limousines and their
terminal locations in order for the department to promulgate
regulations pursuant to Section 34500.4 of the Vehicle Code.
SEC. 3. Section 5361 is added to the
Public Utilities Code , to read:
5361. "Modified limousine" means any vehicle that has been
modified, altered, or extended in a manner that increases the overall
wheelbase of the vehicle, exceeding the original equipment
manufacturer's published wheelbase dimension for the base model and
year of the vehicle, in any amount sufficient to accommodate
additional passengers with a seating capacity of not more than 10
passengers including the driver, and is used in the transportation of
passengers for hire. For purposes of this section, "wheelbase" means
the longitudinal distance between the vertical centerlines of the
front and rear wheels.
SEC. 4. Section 5373.1 of the Public
Utilities Code is amended to read:
5373.1. (a) Each application for a charter-party carrier of
passengers certificate or permit shall be accompanied by a filing fee
as follows:
(1) Class A certificates (new): one thousand five hundred dollars
($1,500).
(2) Class A certificates (renewal): one hundred dollars ($100).
(3) Class B certificates (new): one thousand dollars ($1,000).
(4) Class B certificates (renewal): one hundred dollars ($100).
(5) Class C certificates (new): one thousand dollars ($1,000).
(6) Class C certificates (renewal): one hundred dollars ($100).
(7) Permits (new): one thousand dollars ($1,000).
(8) Permits (renewal): one hundred dollars ($100).
(b) The commission shall also require each application to be
accompanied by a fee to offset the cost of the charter-party carrier
bus terminal inspections conducted by the Department of the
California Highway Patrol. The fee shall be fifteen dollars ($15) per
tour bus, as defined in Section 612 of the Vehicle Code, or a
maximum of six thousand five hundred dollars ($6,500) for each
operating carrier.
(c) The commission shall require each charter-party carrier that
operates tour buses, as defined in Section 612 of the Vehicle Code,
to undergo an annual bus terminal inspection conducted by the
Department of the California Highway Patrol and to pay an annual fee
of fifteen dollars ($15) per tour bus, or a maximum of six thousand
five hundred dollars ($6,500), to offset the cost of the inspections.
(d) The commission shall deposit the fees collected pursuant to
subdivisions (b) and (c) in the Motor Vehicle Account in the State
Transportation Fund to cover the costs of the inspections
conducted by the department as specified in subdivisions (b) and (c)
.
SEC. 5. Section 5384.2 is added to the
Public Utilities Code , to read:
5384.2. (a) Every charter-party carrier of passengers shall
furnish the commission annually with a list, prepared under oath, of
all vehicles used in transportation for compensation during the
preceding year. The list shall include and identify each modified
limousine and the terminal location of each modified limousine. The
commission shall furnish a copy of this list identifying each
modified limousine and its terminal location to the Department of the
California Highway Patrol.
(b) The commission shall not issue or continue in effect any
permit, certificate, or authority of a charter-party carrier of
passengers that has not submitted fees required for inspection
pursuant to Section 34500.4 of the Vehicle Code and any associated
penalties, if applicable.
(c) Not later than January 1, 2015, the commission shall provide
the Department of the California Highway Patrol with a list of each
charter-party carrier's modified limousines and their terminal
locations in order for the department to promulgate regulations
pursuant to Section 34500.4 of the Vehicle Code.
SEC. 6. Section 5385.6 of the Public
Utilities Code is repealed.
5385.6. (a) No charter-party carrier shall operate a limousine as
defined by Section 5371.4 unless the limousine is equipped with the
special license plates issued and distributed by the Department of
Motor Vehicles pursuant to Section 5011.5 of the Vehicle Code.
(b) The commission shall issue to each charter-party carrier
operating limousines a permit or certificate for the number of
vehicles verified by the carrier as employed in providing limousine
service. The permit or certificate shall be submitted to the
Department of Motor Vehicles, which will issue to each verified
vehicle a set of unique, identifying license plates. The department
shall maintain a record of each set of plates it issues and provide a
copy of each record to the commission.
(c) The commission shall recover from any carrier whose permit or
certificate is cancelled, suspended, or revoked any and all plates
issued pursuant to this section.
(d) The special license plate shall be in lieu of the decal
required to be issued and displayed pursuant to Section 5385.5.
(e) This section shall become operative on July 1, 1995.
SEC. 7. Section 5385.7 of the Public
Utilities Code is amended to read:
5385.7. A charter-party carrier shall not operate a modified
limousine, as defined by in
Section 5371.4, that has been modified or extended for
purposes of increasing vehicle length in an amount sufficient to
accommodate additional passengers, 5361, unless
the modified limousine is equipped with emergency exits at
the rear of the vehicle as required pursuant to Article 3.4
(commencing with Section 27375) of Chapter 5 of Division 12 of the
Vehicle Code. The commission shall adopt rules to implement this
section.
SEC. 8. Section 5387 of the Public
Utilities Code is amended to read:
5387. (a) It is unlawful for the owner of a charter-party carrier
of passengers to permit the operation of a vehicle upon a public
highway for compensation without (1) having obtained from the
commission a certificate or permit pursuant to this chapter, (2)
having complied with the vehicle identification requirements of
Section 5385 , 5385.5, or 5385.6, or 5385.5,
and (3) having complied with the accident liability protection
requirements of Section 5391.
(b) A person who drives a bus for a charter-party carrier without
having a current and valid driver's license of the proper class, a
passenger vehicle endorsement, or the required certificate shall be
suspended from driving a bus of any kind, including, but not limited
to, a bus, schoolbus, school pupil activity bus, or transit bus, with
passengers for a period of five years pursuant to Section 13369 of
the Vehicle Code.
(c) (1) A charter-party carrier shall have its authority to
operate as a charter-party carrier permanently revoked by the
commission or be permanently barred from receiving a permit or
certificate from the commission if it commits any of the following
acts:
(A) Operates a bus without having been issued a permit or
certificate from the commission.
(B) Operates a bus with a permit that was suspended by the
commission pursuant to Section 5378.5.
(C) Commits three or more liability insurance violations within a
two-year period for which it has been cited.
(D) Operates a bus with a permit that was suspended by the
commission during a period that the charter-party carrier's liability
insurance lapsed for which it has been cited.
(E) Knowingly employs a busdriver bus
driver who does not have a current and valid driver's license
of the proper class, a passenger vehicle endorsement, or the required
certificate to drive a bus.
(F) Has one or more buses improperly registered with the
Department of Motor Vehicles.
(2) The commission shall not issue a new permit or certificate to
operate as a charter-party carrier if any officer, director, or owner
of that charter-party carrier was an officer, director, or owner of
a charter-party carrier that had its authority to operate as a
charter-party carrier permanently revoked by the commission or that
was permanently barred from receiving a permit or certificate from
the commission pursuant to this subdivision.
(d) An officer of the Department of the California Highway Patrol
may impound a bus of a charter-party carrier for 30 days pursuant to
Section 14602.9 of the Vehicle Code if the officer determines that
any of the following violations occurred while the bus driver was
operating the bus of a charter-party carrier:
(1) The driver was operating the bus of a charter-party carrier
when the charter-party carrier did not have a permit or certificate
issued by the commission.
(2) The driver was operating the bus of a charter-party carrier
when the charter-party carrier was operating the bus with a suspended
permit or certificate from the commission.
(3) The driver was operating the bus of a charter-party carrier
without having a current and valid driver's license of the proper
class, a passenger vehicle endorsement, or the required certificate.
SEC. 9. Section 5390 of the Public
Utilities Code is repealed.
5390. The commission shall fund the costs of administering the
special identification license plate program required by Section
5385.6 of this code and Section 5011.5 of the Vehicle Code, including
the costs of the Department of Motor Vehicles, from the Public
Utilities Commission Transportation Reimbursement Account.
The commission shall maintain a prudent level of fund balance in
the account in any future year. The commission shall consider
recovering the costs of this program from the limousine operators
when the fund balance is drawn below a prudent level of reserve.
SEC. 10. Section 378 is added to the
Vehicle Code , to read:
378. (a) "Limousine" means any sedan or sport utility vehicle, of
either standard or extended length, with a seating capacity of not
more than 10 passengers including the driver, used in the
transportation of passengers for hire on a prearranged basis within
this state.
(b) "Modified limousine" means any vehicle that has been modified,
altered, or extended in a manner that increases the overall
wheelbase of the vehicle, exceeding the original equipment
manufacturer's published wheelbase dimension for the base model and
year of the vehicle, in any amount sufficient to accommodate
additional passengers with a seating capacity of not more than 10
passengers including the driver, and is used in the transportation of
passengers for hire. For purposes of this subdivision, "wheelbase"
means the longitudinal distance between the vertical centerlines of
the front and rear wheels.
SEC. 11. Section 5011.5 of the Vehicle
Code is repealed.
5011.5. Every limousine operated by a charter-party carrier, as
defined by Section 5371.4 of the Public Utilities Code, shall display
a special identification license plate issued pursuant to Section
5385.6 of that code.
This section shall become operative on July 1, 1995.
SEC. 12. Section 5011.6 of the Vehicle
Code is repealed.
5011.6. Not later than January 1, 1995, the department and the
Public Utilities Commission shall adopt a memorandum of understanding
governing the exchange of information regarding vehicle
registrations, and reimbursement by the commission of the department'
s costs in producing and distributing special identification license
plates for limousines required by Section 5011.5 and Section 5385.6
of the Public Utilities Code.
SEC. 13. Section 5011.9 of the Vehicle
Code is repealed.
5011.9. (a) The department shall design the license plate
specified in Section 5011.5 with the word "LIVERY" inscribed under
the license plate number.
(b) The department shall issue the license plate specified in
subdivision (a) on and after six months after the operative date of
this section.
(c) The license plate specified in subdivision (a) may be issued
as an environmental license plate, as defined in Section 5103,
subject to the fees specified in Sections 5106 and 5108.
SEC. 14. Section 27375 of the Vehicle
Code is amended to read:
27375. (a) Any person who operates a limousine, as
defined in subdivision (i) of Section 5371.4 of the Public Utilities
Code, in any city, county, or city and county, that has been modified
or extended for purposes of increasing vehicle length in an amount
sufficient to accommodate additional passengers
modified limousine shall ensure that the vehicle has at least
two rear side doors and one or two rear windows, as specified in
paragraph (1), that the rear seat passengers or all passengers of the
vehicle may open from the inside of the vehicle in case of any fire
or other emergency that may require the immediate exit of the
passengers of the vehicle. A limousine subject to this section shall
be equipped with both of the following:
(1) (A) Except as provided in subparagraph (B), at least two rear
push-out windows that are accessible to all passengers. At least one
push-out window shall be located on each side of the vehicle, unless
the design of the limousine precludes the installation of a push-out
window on one side of the vehicle, in which case the second push-out
window shall instead be located in the roof of the vehicle.
(B) If the design of the limousine precludes the installation of
even one push-out window on a side of the vehicle, one push-out
window shall instead be located in the roof of the vehicle.
(C) The Department of the California Highway Patrol shall
establish, by regulation, standards to ensure that window exits are
operable and sufficient in emergency situations for limousine
passengers. The department shall ensure that these regulations comply
with any applicable federal motor vehicle safety standards.
(2) At least two rear side doors that are accessible to all
passengers and that may be opened manually by any passenger. At least
one rear side door shall be located on each side of the vehicle. For
vehicles modified or extended for purposes of increasing
vehicle length in an amount sufficient to accommodate additional
passengers modified limousines, on or after July
1, 2015, at least one of these side doors shall be located near the
driver's compartment and another near the back of the vehicle. These
side doors shall comply with any applicable federal motor vehicle
safety standards as deemed necessary by the Department of the
California Highway Patrol.
(b) In the case of any fire or other emergency that requires the
immediate exit of the passengers from the limousine, the driver of
the limousine shall unlock the doors so that the rear side doors can
be opened by the passengers from the inside of the vehicle.
(c) An owner or operator of a limousine shall do all of the
following:
(1) Instruct all passengers on the safety features of the vehicle
prior to the beginning of any trip, including, but not limited to,
instructions for lowering the partition between the driver and
passenger compartments and for communicating with the driver by the
use of an intercom or other onboard or wireless device.
(2) Disclose to the contracting party and the passengers whether
the limousine meets the safety requirements described in this
section.
(3) If paragraph (3) of subdivision (d) applies, the owner or
operator of a limousine shall further disclose to the contracting
party and the passengers that the limousine does not meet the safety
requirements required in subdivision (a) regarding vehicle escape
options because of its exempt status, and therefore may pose a
greater risk to passengers should emergency escape be necessary.
(d) (1) Subdivision (a) shall apply to all modified
limousines modified or extended for purposes of increasing
vehicle length in an amount sufficient to accommodate additional
passengers on or after July 1, 2015.
(2) Subdivision (a) shall, beginning January 1, 2016, apply to all
limousines that were modified or extended for purposes of
increasing vehicle length in an amount sufficient to accommodate
additional passengers vehicles that met the definition
of modified limousine as described in subdivision (b) of Section
378, prior to July 1, 2015.
(3) Except as provided in paragraph (4), subdivision (a) shall not
apply to any limousine manufactured prior to 1970 and that has an
active transportation charter-party carrier (TCP) number that
was issued by the commission as of August 15, 2013.
(4) Subdivision (a) shall apply to any limousine manufactured
prior to 1970 if it is was modified
or extended for the purpose of increasing vehicle length in
an amount sufficient to accommodate additional passengers
after August 15, 2013.
SECTION 1. SEC. 15. Section 28062 is
added to the Vehicle Code, to read:
28062. (a) A modified limousine , as defined
in subdivision (i) of Section 5371.4 of the Public Utilities Code,
that has been modified or extended by an original or final-stage
manufacturer for purposes of increasing vehicle length and passenger
capacity shall be equipped with two readily accessible and
fully charged fire extinguishers having at least a 2A10BC
5lb rating and maintained in efficient operating condition. One fire
extinguisher shall be securely mounted in the driver's compartment
and at least one shall be accessible to the passengers.
(b) The driver or operator of a modified limousine
that has been modified or extended by an original or
final-stage manufacturer for purposes of increasing vehicle length
and passenger capacity shall notify the passengers of the
location of each fire extinguisher prior to the commencement of any
trip.
SEC. 16. Section 34500 of the Vehicle
Code is amended to read:
34500. The department shall regulate the safe operation of the
following vehicles:
(a) Motortrucks of three or more axles that are more than 10,000
pounds gross vehicle weight rating.
(b) Truck tractors.
(c) Buses, schoolbuses, school pupil activity buses, youth buses,
farm labor vehicles, modified limousines, and general
public paratransit vehicles.
(d) Trailers and semitrailers designed or used for the
transportation of more than 10 persons, and the towing motor vehicle.
(e) Trailers and semitrailers, pole or pipe dollies, auxiliary
dollies, and logging dollies used in combination with vehicles listed
in subdivision (a), (b), (c), or (d). This subdivision does not
include camp trailers, trailer coaches, and utility trailers.
(f) A combination of a motortruck and a vehicle or vehicles set
forth in subdivision (e) that exceeds 40 feet in length when coupled
together.
(g) A truck, or a combination of a truck and any other vehicle,
transporting hazardous materials.
(h) Manufactured homes that, when moved upon the highway, are
required to be moved pursuant to a permit as specified in Section
35780 or 35790.
(i) A park trailer, as described in Section 18009.3 of the Health
and Safety Code, that, when moved upon a highway, is required to be
moved pursuant to a permit pursuant to Section 35780.
(j) Any other motortruck not specified in subdivisions (a) to (h),
inclusive, or subdivision (k), that is regulated by the Department
of Motor Vehicles, Public Utilities Commission, or United States
Secretary of the Department of Transportation, but only for matters
relating to hours of service and logbooks of drivers.
(k) A commercial motor vehicle with a gross vehicle weight rating
of 26,001 or more pounds or a commercial motor vehicle of any gross
vehicle weight rating towing a vehicle described in subdivision (e)
with a gross vehicle weight rating of more than 10,000 pounds, except
combinations including camp trailers, trailer coaches, or utility
trailers. For purposes of this subdivision, the term "commercial
motor vehicle" has the meaning defined in subdivision (b) of Section
15210.
SEC. 2. SEC. 17. Section 34500.4 is
added to the Vehicle Code, to read:
34500.4. (a) The Department of the California Highway Patrol
shall have the authority to shall
conduct safety inspections of all modified limousines that
have been modified or extended by an original or
final-stage manufacturer for purposes of increasing vehicle length
and passenger capacity and that are operated by
passenger stage corporations pursuant to Article 2
(commencing with Section 1031) of Chapter 5 of Part 1 of Division 1
of the Public Utilities Code or by charter-party carriers of p
assengers pursuant to the Passenger Charter-party Carriers'
Act (Chapter 8 (commencing with Section 5351) of Division 2 of the
Public Utilities Code).
(b) (1) Not later than July 1, 2015,
January 1, 2016, the Department of the California Highway
Patrol shall implement a safety inspection program of charter-party
carriers of passengers who and passenger
stage corporations that operate modified limousines
as described in subdivision (a) . The
inspection program shall include an inspection of
these carriers regarding, include, but is
not limited to, the safe operation of the vehicle, the
installation of safety equipment, the retention of maintenance logs,
accident reports, and records of driver discipline, compliance with
federal and state motor vehicle safety standards, the examination of
a preventative maintenance program, and, if ownership of the
limousine has been transferred, the transmission of relevant safety
and maintenance information of the limousine.
(2) Pursuant to the safety inspection program, the department
shall conduct an inspection of each charter-party carrier of
passengers and passenger stage corporation that operates
modified limousines at least once every 13 months.
(3) The department shall adopt emergency regulations for purposes
of this subdivision. The adoption by the department of regulations
implementing this section shall be deemed to be an emergency and
necessary to avoid serious harm to the public peace, health, safety,
or general welfare for purposes of Sections 11346.1 and 11349.6 of
the Government Code, and the department is hereby exempted from the
requirement that it describe facts showing the need for immediate
action to the Office of Administrative Law. The emergency regulations
shall remain in effect for no more than one year, by which time
final regulations shall be adopted.
(4) (A) The department shall adopt regulations to establish an
inspection fee applied to each limousine that has been
modified or extended by an original or final-stage manufacturer for
purposes of increasing vehicle length and passenger capacity,
modified limousines to be collected every 13
months, based on the number of vehicles described in
subdivision (a) modified limousines operated by
a single charter-party carrier that shall cover the actual
cost to perform the
inspections. or passenger stage corporation. The fee
shall be in an amount sufficient to offset the costs to administer
this inspection program and shall not be used to supplant or support
any other inspection program conducted by the department. The fee
shall be in addition to any other required fee. When developing the
regulations, the department shall consider measures that increase
efficiencies to limit the financial impact to
charter-party carriers of passengers and passenger stage corporations
subject to the fee. The department shall promulgate the regulations
in consultation with appropriate interested parties.
(B) The fee structure established pursuant to this subdivision
shall apply to modified limousines that have been
modified or extended by an original or final-stage manufacturer for
purposes of increasing vehicle length and passenger capacity that
are required to undergo a safety inspection pursuant to
this section.
(C) The fee established pursuant to this subdivision shall be
collected by the California 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 .
(5) The Department of the California Highway Patrol
department shall transmit to the Public
Utilities Commission inspection data of modified
limousines inspected pursuant to this program, as specified in the
program regulations.
(c) Regulations adopted pursuant to this section shall be
consistent with the established inspection program administered by
the department for buses pursuant to Division 14.8
(commencing with Section 34500), and shall require the original
manufacturer or the final-stage manufacturer of a manufactured or
aftermarket limousine that has been modified or extended for purposes
of increasing vehicle length and passenger capacity to certify to
the department that the vehicle meets all applicable federal and
state motor vehicle safety standards. this division.
SEC. 18. Section 34505.1 of the Vehicle
Code is amended to read:
34505.1. (a) Upon determining that a tour bus or modified
limousine operator has either (1) failed to maintain any
vehicle used in transportation for compensation in a safe operating
condition or to comply with the Vehicle Code or with regulations
contained in Title 13 of the California Code of Regulations relative
to motor carrier safety, and, in the department's opinion, that
failure presents an imminent danger to public safety or constitutes
such a consistent failure as to justify a recommendation to the
Public Utilities Commission or the Interstate Commerce
Commission interstate operating authority or the
United States Department of Transportation or (2) failed to
enroll all drivers in the pull notice system as required by Section
1808.1, the department shall recommend to the Public Utilities
Commission that the carrier's operating authority be suspended,
denied, or revoked, or to the federal Highway Administration
Office of Motor Carriers, United States Department of
Transportation, that appropriate administrative action be
taken against the carrier's Interstate Commerce Commission
interstate operating authority or United
States Department of Transportation number , whichever is
appropriate. For purposes of this subdivision, two consecutive
unsatisfactory compliance ratings for an inspected terminal assigned
because the tour bus or limousine operator failed to
comply with the periodic report requirements of Section 1808.1 or the
cancellation of the operator's enrollment by the Department of Motor
Vehicles for nonpayment of required fees is
may be determined by the department to be a consistent failure.
However, when recommending denial of an application for new or
renewal authority, the department need not conclude that the carrier'
s failure presents an imminent danger to public safety or that it
constitutes a consistent failure. The department need only conclude
that the carrier's compliance with the safety-related matters
described in paragraph (1) of subdivision (a) is sufficiently
unsatisfactory to justify a recommendation for denial. The department
shall retain a record, by operator, of every recommendation made
pursuant to this section.
(b) Before transmitting a recommendation pursuant to subdivision
(a), the department shall notify the carrier in writing of all of the
following:
(1) That the department has determined that the carrier's safety
record is unsatisfactory, furnishing a copy of any documentation or
summary of any other evidence supporting the determination.
(2) That the determination may result in a suspension, revocation,
or denial of the carrier's operating authority or United St
ates Department of Transportation number by the
California Public Utilities Commission or the Interstate
Commerce Commission. United States Department of
Transportation, as appropriate.
(3) That the carrier may request a review of the determination by
the department within five days of its receipt of the notice required
under this subdivision. If a review is requested by the carrier, the
department shall conduct and evaluate that review prior to
transmitting any notification pursuant to subdivision (a).
SEC. 3. SEC. 19. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII
B of the California Constitution.