Bill Text: CA AB636 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Charter-party carriers: busdrivers.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2009-10-11 - Chaptered by Secretary of State - Chapter 248, Statutes of 2009. [AB636 Detail]

Download: California-2009-AB636-Amended.html

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BILL NUMBER: AB 636	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Jones

                        FEBRUARY 25, 2009

   An act to amend Section 5387 of the Public Utilities Code,
relating to charter-party carriers.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 636, as amended, Jones. Charter-party carriers: busdrivers.
   (1) The Passenger Charter-Party Carriers Act, with certain
exceptions, prohibits a charter-party carrier of passengers from
engaging in transportation services subject to regulation by the
Public Utilities Commission without obtaining a specified certificate
or permit, as appropriate, from the commission. The act makes it
unlawful, among other things, for the owner of a charter-party
carrier of passengers to permit the operation of any vehicle upon any
public highway for compensation without having obtained from the
commission a certificate or permit, as specified, pursuant to the
act.
   This bill would require the commission to permanently revoke the
authority of a charter-party carrier  that operates a bus without
having been issued the proper permit from the commission or 
that knowingly employs a busdriver who  does not have
  has not been issued  the required license
 or endorsement   , endorsement, or certificate
 to drive a bus and would permanently prohibit a person who
drives a bus for a charter-party carrier without  having been
issued  the proper driver's license  or endorsement
  , endorsement, or certificate  from driving a bus
of any kind.
   The bill would also require an officer of the Department of the
California Highway Patrol who stops or inspects a bus of a
charter-party carrier  that is operating a bus without having
been issued the proper permit from the com   mission or
 that is being driven by a driver  who does not have in
his or her possession   to whom  the appropriate
license  or endorsement   , endorsement, or
certificate has not been issued  , to impound the bus.
   (2) Under existing law, a violation of the Passenger Charter-Party
Carriers Act, or a violation of an order or direction of the
commission issued pursuant to the act, is a crime.
   Because the provisions of this bill would be a part of the act and
because a violation of those provisions or of an order or decision
of the commission implementing those provisions would be a crime, the
bill would impose a state-mandated local program by creating new
crimes.
   (3) 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 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, 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
 have been issued  the proper driver's license  or
  ,  endorsement  , or certificate  shall
be permanently prohibited from driving a bus of any kind, including,
but not limited to, a bus, schoolbus, school pupil activity bus, or
transit bus, and from receiving a license or endorsement that would
permit the driving of any bus.
   (c) A charter-party carrier  that operates a bus without
having been issued the proper permit from the commission or 
that knowingly employs a busdriver who  does not have
  has not been issued  the required license
 or   ,  endorsement , or certificate
 to drive a bus shall have its authority as a charter-party
carrier permanently revoked by the commission.
   (d) When an officer of the Department of the California Highway
Patrol stops or inspects a bus of a charter-party carrier  that
is operating a bus without having been issued the proper permit from
the commission or  that is being driven by a driver  who
does not have in his or her possession   to whom 
the appropriate license  or   , 
endorsement  , or certificate has not been issued  , the bus
shall be impounded for 30 days pursuant to the provisions and
procedures for the impoundment and release of vehicles under Section
14602.6 of the Vehicle Code.  The charter-party carrier shall
have a right to an expedited hearing by the commission. 
  SEC. 2.  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.