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

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

---

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

---

BILL NUMBER: AB 636	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 26, 2009
	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  , and to add Section 5387.3
to,  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   bar from receiving a permit or
certificate from the commission  a charter-party carrier that
operates a bus without having been issued a permit from the
commission  , operates a bus with a suspended permit from the
commission, has one or more buses improperly registered with the
Department of Motor Vehicles,  or  that 
knowingly employs a busdriver who has not been issued the required
driver's license, endorsement, or certificate to drive a bus 
and   . The bill also  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 
    The  bill would also authorize a  charter-party
carrier subject to the bar described above that has received a notice
of refusal or revocation of its permit to operate or 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 a permit from the commission  , operates a bus with
a suspended permit from the commission,  or  is operating a
bus  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   was permanently barred from receiving a permit or
certificate from  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
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  (A)  operates a bus
without having been issued a permit from the commission or
that   , (B) operates a bus with a suspended permit from
the commission, (C)  knowingly employs a busdriver who has not
been issued the required license, endorsement, or certificate to
drive a bus  , or (D) has one or more buses improperly registered
with the Department of Motor Vehicles,  shall  have its
authority to operate as a charter-party carrier permanently revoked
by the commission.   be permanently barred from
receiving a permit or certificate from 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
  charter-party carrier that was permanently barred from
receiving a permit or certificate from 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 
(1)  is operating a bus without having been issued a permit from
the commission  or that   , (2) operates a bus
with a suspended permit from the commission, or (3) is operating a
bus  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 a hearing by the impounding agency.
   SEC. 2.    Section 5387.3 is added to the  
Public Utilities Code   , to read:  
   5387.3.  (a) A charter-party carrier described in subdivision (c)
of Section 5387, that has received a notice of refusal or revocation
of its permit to operate, may submit to the commission, within 15
days after the mailing of the notice, a written request for a
hearing. The charter-party carrier shall furnish a copy of the
request to the Department of the California Highway Patrol at the
same time that it makes its request for a hearing to the commission.
Failure to request a hearing, in writing, within the 15-day period is
a waiver of the right to a hearing.
   (b) Upon receipt by the commission of the hearing request, the
commission shall hold a hearing within a reasonable time, not to
exceed 21 days, and may appoint a hearing officer to conduct the
hearing. At the hearing, the burden of proof is on the charter-party
carrier to prove that it is not a charter-party carrier described in
subdivision (c) of Section 5387.
   (c) The refusal to, or revocation of, the permit to operate, may
only be rescinded by the hearing officer if the charter-party carrier
proves that it was not in violation of subdivision (c) of Section
5387, and that the basis of the refusal or revocation resulted from a
factual error. 
   SEC. 2.   SEC. 3.   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.
   (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.   SEC. 4.   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. 4.   SEC. 5.   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.