BILL NUMBER: AB 636 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 23, 2009
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,
and to amend Section 13369 of, and to add Section 13369.5 to, the
Vehicle 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 a permit
from the commission or that knowingly employs a busdriver who has not
been issued the required driver's license, 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, endorsement, or certificate from
driving a bus of any kind. The bill would also require the
Department of Motor Vehicles to refuse to issue or renew, or to
suspend or revoke, that person's driving privilege and would also
provide that such a person would be permanently ineligible for an
endorsement that would permit him or her to drive a bus, as defined.
The bill would also authorize a person who has received a notice of
refusal to issue or renew, or a notice of suspension or
revocation of, his or her driver's license, endorsement,
or certificate pursuant to these provisions, to submit a written
request for a specified hearing within 15 days after the mailing of
the notice.
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 a permit from the
commission or that is being driven by a driver to whom the
appropriate license, endorsement, or certificate has not been issued,
to impound the bus. The bill would also prohibit the commission
from issuing a new permit to operate a charter-party carrier if an
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 pursuant to these provisions.
(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 having been issued the proper
driver's license, 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) (1) A charter-party carrier that
operates a bus without having been issued the proper
a permit from the commission or that knowingly
employs a busdriver who has not been issued the required license,
endorsement, or certificate to drive a bus shall have its authority
to operate as a charter-party carrier permanently revoked
by the commission.
(2) The commission shall not issue a new permit 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 pursuant
to this subdivision.
(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
a permit from the commission or that is being
driven by a driver to whom the appropriate license, 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
a hearing by the commission
impounding agency .
SEC. 2. Section 13369 of the Vehicle
Code is amended to read:
13369. (a) This section applies to the following endorsements and
certificates:
(1) Passenger transportation vehicle.
(2) Hazardous materials.
(3) Schoolbus.
(4) School pupil activity bus.
(5) Youth bus.
(6) General public paratransit vehicle.
(7) Farm labor vehicle.
(8) Vehicle used for the transportation of developmentally
disabled persons.
(b) The department shall refuse to issue or renew, or shall revoke
, the certificate or endorsement of any person who meets
the following conditions:
(1) Within three years, has committed any violation that results
in a conviction assigned a violation point count of two or more, as
defined in Sections 12810 and 12810.5. The department may not refuse
to issue or renew, nor may it revoke, a person's hazardous materials
or passenger transportation vehicle endorsement if the violation
leading to the conviction occurred in the person's private vehicle
and not in a commercial motor vehicle, as defined in Section 15210.
(2) Within three years, has had his or her driving privilege
suspended, revoked, or on probation for any reason involving unsafe
operation of a motor vehicle. The department may not refuse to issue
or renew, nor may it revoke, a person's passenger transportation
vehicle endorsement if the person's driving privilege has, within
three years, been placed on probation only for any reason involving
unsafe operation of a motor vehicle.
(3) Notwithstanding paragraphs (1) and (2), does not meet the
qualifications for issuance of a hazardous materials endorsement set
forth in Parts 383, 384, and 1572 of Title 49 of the Code of Federal
Regulations.
(c) The department may refuse to issue or renew, or may suspend or
revoke , the certificate or endorsement of any person who
meets any of the following conditions:
(1) Within 12 months, has been involved as a driver in three
accidents in which the driver caused or contributed to the causes of
the accidents.
(2) Within 24 months, as a driver, caused or contributed to the
cause of an accident resulting in a fatality or serious injury or
serious property damage in excess of seven hundred fifty dollars
($750).
(3) Has violated any provision of this code, or any rule or
regulation pertaining to the safe operation of a vehicle for which
the certificate or endorsement was issued.
(4) Has violated any restriction of the certificate, endorsement,
or commercial driver's license.
(5) Has knowingly made a false statement or failed to disclose a
material fact on an application for a certificate or endorsement.
(6) Has been determined by the department to be a negligent or
incompetent operator.
(7) Has demonstrated irrational behavior to the extent that a
reasonable and prudent person would have reasonable cause to believe
that the applicant's ability to perform the duties of a driver may be
impaired.
(8) Excessively or habitually uses, or is addicted to, alcoholic
beverages, narcotics, or dangerous drugs.
(9) Does not meet the minimum medical standards established or
approved by the department.
(d) The department may cancel the certificate or endorsement of
any driver who meets any of the following conditions:
(1) Does not have a valid driver's license of the appropriate
class.
(2) Has requested cancellation of the certificate or endorsement.
(3) Has failed to meet any of the requirements for issuance or
retention of the certificate or endorsement, including, but not
limited to, payment of the proper fee, submission of an acceptable
medical report and fingerprint cards, and compliance with prescribed
training requirements.
(4) Has had his or her driving privilege suspended or revoked for
a cause involving other than the safe operation of a motor vehicle.
(e) (1) The department shall refuse to issue or renew, or shall
suspend or revoke, the driver's license, endorsement, or certificate
of a person who violates subdivision (b) of Section 5387 of the
Public Utilities Code.
(2) A person found to be in violation of subdivision (b) of
Section 5387 of the Public Utilities Code shall be permanently
ineligible for an endorsement that would permit him or her to drive a
bus of any kind, including, but not limited to, a bus, schoolbus,
youth bus, school pupil activity bus, trailer bus, or a transit bus.
(e)
(f) (1) Reapplication following refusal or revocation
under subdivision (b) or (c) may be made after a period of not less
than one year from the effective date of denial or revocation, except
in cases where a longer period of suspension or revocation is
required by law.
(2) Reapplication following cancellation under subdivision (d) may
be made at any time without prejudice.
SEC. 3. Section 13369.5 is added to the
Vehicle Code , to read:
13369.5. (a) A person who has received a notice of refusal to
issue or renew, or a notice of suspension or revocation of, his or
her driver's license, endorsement, or certificate pursuant to
paragraph (1) of subdivision (e) of Section 13369 may submit to the
department, within 15 days after the mailing of the notice, a written
request for a hearing. Failure to request a hearing, in writing,
within 15 days is a waiver of the right to a hearing.
(b) Upon receipt by the department of the hearing request, the
department may stay the action until a hearing is conducted and the
final decision is made by the hearing officer. The department shall
not stay the action when there is reasonable cause to believe that
the stay would pose a threat to a member of the motoring public who
may require the services of a charter-party carrier.
(c) A person whose driver's license, endorsement, or certificate
has been refused or revoked pursuant to paragraph (1) of subdivision
(e) of Section 13369 is not entitled to a hearing whenever the action
by the department is made mandatory by this article or any other
applicable law or regulation.
(d) Upon receipt of a request for a hearing, and when the
requesting party is entitled to a hearing under this article, the
department shall appoint a hearing officer to conduct a hearing in
accordance with Section 14112.
SEC. 2. SEC. 4. 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.