Bill Text: CA AB650 | 2015-2016 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Taxicab transportation services.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2016-09-28 - Vetoed by Governor. [AB650 Detail]
Download: California-2015-AB650-Amended.html
Bill Title: Taxicab transportation services.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2016-09-28 - Vetoed by Governor. [AB650 Detail]
Download: California-2015-AB650-Amended.html
BILL NUMBER: AB 650 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 23, 2016
AMENDED IN SENATE MAY 27, 2016
AMENDED IN SENATE APRIL 14, 2016
AMENDED IN SENATE SEPTEMBER 4, 2015
INTRODUCED BY Assembly Member Low
FEBRUARY 24, 2015
An act to amend Section 85 of the Code of Civil Procedure, to
repeal Sections 53075.5, 53075.6, 53075.61, 53075.7, 53075.8, and
53075.9 of the Government Code, to amend Section 830.7 of the Penal
Code, to amend Sections 5353, 5411.5, 5412.2, 5413.5, and 120269 of,
and to add Chapter 8.5 (commencing with Section 5451) to Division 2
of, the Public Utilities Code, and to amend Sections 1808.1, 12523.6,
16500, 21100, 21100.4, and 27908 of the Vehicle
Code, relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
AB 650, as amended, Low. Public Utilities Commission: regulation
of taxicabs.
Existing law provides for regulation of various types of passenger
carriers by the Public Utilities Commission, including passenger
stage corporations and charter-party carriers of passengers. Existing
law, among other transportation services, provides for regulation of
limousines and transportation network companies by the commission as
charter-party carriers of passengers. Existing law requires every
city and county to adopt an ordinance to regulate taxicab service
within its jurisdiction, and exempts taxicab service from commission
regulation.
This bill would enact the Taxicab Transportation Services Act and
provide for the statewide regulation of taxicab
transportation services by the commission as a matter of
statewide concern, commission, except taxicab
transportation services originating in the City and County of San
Francisco and at the San Francisco International Airport, which would
continue to be locally regulated, but would be subject to
certain requirements, including insurance and monitoring of
a requirement for taxicab carriers to monitor the driving
records of taxicab drivers. The bill would provide for issuance
of permits by the commission in all other areas of
elsewhere in the state to taxicab carriers
authorizing carriers to operate in one or more of 6
designated regions in the state. operate. The
bill would require drivers of taxicabs in those areas to
obtain a taxicab driver permit from the commission, and would
specify the requirements that an applicant
taxicab drivers in commission jurisdiction must
meet. The bill would enact various provisions relating to insurance,
vehicle inspections, monitoring of taxicab drivers, and other
matters. matters relating to taxicab carriers
in commission jurisdiction. The bill would exempt
fares or fees charged by taxicab carriers from commission regulation,
but would authorize the commission to require the
disclosure of fares and fees, as specified. The bill would prohibit
entities from providing taxicab transportation services in
commission jurisdiction without the required permit, and would
provide for the commission to investigate and take action against
unlicensed activity. The bill would require the commission to
adopt a general order pertaining to taxicab carriers, and would
authorize peace officers to enforce the provisions of the bill and
the general order. The bill would repeal provisions providing
for city and county regulation of taxicab services, but would
authorize airports to continue to regulate the provision of taxicab
transportation services to and from airports. The bill would require
cities and counties that license taxicab services as of December 31,
2016, excluding the City and County of San Francisco, to forward to
the commission licensure information for each licensee, as specified,
and would thereby impose a state-mandated local program. The bill
also would make conforming changes to other related provisions.
A violation of the Taxicab Transportation Services Act would be a
crime and in certain cases would also be subject to a civil penalty.
The bill would also require applications for taxicab carrier permits
to be verified under oath, and would require certain statements by
taxicab carriers relative to workers' compensation to be submitted to
the commission under penalty of perjury. The bill would thereby
impose a state-mandated local program by creating new crimes.
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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
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 85 of the Code of Civil Procedure is amended to
read:
85. An action or special proceeding shall be treated as a limited
civil case if all of the following conditions are satisfied, and,
notwithstanding any statute that classifies an action or special
proceeding as a limited civil case, an action or special proceeding
shall not be treated as a limited civil case unless all of the
following conditions are satisfied:
(a) The amount in controversy does not exceed twenty-five thousand
dollars ($25,000). As used in this section, "amount in controversy"
means the amount of the demand, or the recovery sought, or the value
of the property, or the amount of the lien, that is in controversy in
the action, exclusive of attorneys' fees, interest, and costs.
(b) The relief sought is a type that may be granted in a limited
civil case.
(c) The relief sought, whether in the complaint, a
cross-complaint, or otherwise, is exclusively of a type described in
one or more statutes that classify an action or special proceeding as
a limited civil case or that provide that an action or special
proceeding is within the original jurisdiction of the municipal
court, including, but not limited to, the following provisions:
(1) Section 798.61 or 798.88 of the Civil Code.
(2) Section 1719 of the Civil Code.
(3) Section 3342.5 of the Civil Code.
(4) Section 86.
(5) Section 86.1.
(6) Section 1710.20.
(7) Section 7581 of the Food and Agricultural Code.
(8) Section 12647 of the Food and Agricultural Code.
(9) Section 27601 of the Food and Agricultural Code.
(10) Section 31503 of the Food and Agricultural Code.
(11) Section 31621 of the Food and Agricultural Code.
(12) Section 52514 of the Food and Agricultural Code.
(13) Section 53564 of the Food and Agricultural Code.
(14) Section 53069.4 of the Government Code.
(15) Section 5411.5 of the Public Utilities Code.
(16) Section 5460.12 of the Public Utilities Code.
(17) Section 9872.1 of the Vehicle Code.
(18) Section 10751 of the Vehicle Code.
(19) Section 14607.6 of the Vehicle Code.
(20) Section 40230 of the Vehicle Code.
(21) Section 40256 of the Vehicle Code.
SEC. 2. Section 53075.5 of the Government Code is repealed.
SEC. 3. Section 53075.6 of the Government Code is repealed.
SEC. 4. Section 53075.61 of the Government Code is repealed.
SEC. 5. Section 53075.7 of the Government Code is repealed.
SEC. 6. Section 53075.8 of the Government Code is repealed.
SEC. 7. Section 53075.9 of the Government Code is repealed.
SEC. 8. Section 830.7 of the Penal Code is amended to read:
830.7. The following persons are not peace officers but may
exercise the powers of arrest of a peace officer as specified in
Section 836 during the course and within the scope of their
employment, if they successfully complete a course in the exercise of
those powers pursuant to Section 832:
(a) Persons designated by a cemetery authority pursuant to Section
8325 of the Health and Safety Code.
(b) Persons regularly employed as security officers for
independent institutions of higher education, recognized under
subdivision (b) of Section 66010 of the Education Code, if the
institution has concluded a memorandum of understanding, permitting
the exercise of that authority, with the sheriff or the chief of
police within whose jurisdiction the institution lies.
(c) Persons regularly employed as security officers for health
facilities, as defined in Section 1250 of the Health and Safety Code,
that are owned and operated by cities, counties, and cities and
counties, if the facility has concluded a memorandum of
understanding, permitting the exercise of that authority, with the
sheriff or the chief of police within whose jurisdiction the facility
lies.
(d) Employees or classes of employees of the California Department
of Forestry and Fire Protection designated by the Director of
Forestry and Fire Protection, provided that the primary duty of the
employee shall be the enforcement of the law as that duty is set
forth in Section 4156 of the Public Resources Code.
(e) Persons regularly employed as inspectors, supervisors, or
security officers for transit districts, as defined in Section 99213
of the Public Utilities Code, if the district has concluded a
memorandum of understanding permitting the exercise of that
authority, with, as applicable, the sheriff, the chief of police, or
the Department of the California Highway Patrol within whose
jurisdiction the district lies. For the purposes of this subdivision,
the exercise of peace officer authority may include the authority to
remove a vehicle from a railroad right-of-way as set forth in
Section 22656 of the Vehicle Code.
(f) Nonpeace officers regularly employed as county parole officers
pursuant to Section 3089.
(g) Persons appointed by the Executive Director of the California
Science Center pursuant to Section 4108 of the Food and Agricultural
Code.
(h) Persons regularly employed as investigators by the Department
of Transportation for the City of Los Angeles and designated by local
ordinance as public officers, to the extent necessary to enforce
laws related to public transportation, and authorized by a memorandum
of understanding with the chief of police, permitting the exercise
of that authority. For the purposes of this subdivision,
"investigator" means an employee authorized by local ordinance to
enforce laws related to public transportation. Transportation
investigators authorized by this section shall not be deemed "peace
officers" for purposes of Sections 241 and 243.
(i) Persons regularly employed by any department of the City of
Los Angeles who are designated as security officers and authorized by
local ordinance to enforce laws related to the preservation of peace
in or about the properties owned, controlled, operated, or
administered by any department of the City of Los Angeles and
authorized by a memorandum of understanding with the Chief of Police
of the City of Los Angeles permitting the exercise of that authority.
Security officers authorized pursuant to this subdivision shall not
be deemed peace officers for purposes of Sections 241 and 243.
(j) Illegal dumping enforcement officers or code enforcement
officers, to the extent necessary to enforce laws related to illegal
waste dumping or littering, and authorized by a memorandum of
understanding with, as applicable, the sheriff or chief of police
within whose jurisdiction the person is employed, permitting the
exercise of that authority. An "illegal dumping enforcement officer
or code enforcement officer" is defined, for purposes of this
section, as a person employed full time, part time, or as a volunteer
after completing training prescribed by law, by a city, county, or
city and county, whose duties include illegal dumping enforcement and
who is designated by local ordinance as a public officer. An illegal
dumping enforcement officer or code enforcement officer may also be
a person who is not regularly employed by a city, county, or city and
county, but who has met all training requirements and is directly
supervised by a regularly employed illegal dumping enforcement
officer or code enforcement officer conducting illegal dumping
enforcement. This person shall not have the power of arrest or access
to summary criminal history information pursuant to this section. No
person may be appointed as an illegal dumping enforcement officer or
code enforcement officer if that person is disqualified pursuant to
the criteria set forth in Section 1029 of the Government Code.
Persons regularly employed by a city, county, or city and county
designated pursuant to this subdivision may be furnished state
summary criminal history information upon a showing of compelling
need pursuant to subdivision (c) of Section 11105.
SEC. 9. Section 5353 of the Public Utilities Code is amended to
read:
5353. This chapter does not apply to any of the following:
(a) Transportation service rendered wholly within the corporate
limits of a single city or city and county and licensed or regulated
by ordinance.
(b) Transportation of school pupils conducted by or under contract
with the governing board of any school district entered into
pursuant to the Education Code.
(c) Common carrier transportation services between fixed termini
or over a regular route that are subject to authorization pursuant to
Article 2 (commencing with Section 1031) of Chapter 5 of Part 1 of
Division 1.
(d) Transportation services occasionally afforded for farm
employees moving to and from farms on which employed when the
transportation is performed by the employer in an owned or leased
vehicle, or by a nonprofit agricultural cooperative association
organized and acting within the scope of its powers under Chapter 1
(commencing with Section 54001) of Division 20 of the Food and
Agricultural Code, and without any requirement for the payment of
compensation therefor by the employees.
(e) Transportation service rendered by a publicly owned transit
system.
(f) Passenger vehicles carrying passengers on a noncommercial
enterprise basis.
(g) Taxicab transportation services subject to regulation pursuant
to Chapter 8.5 (commencing with Section 5451) or exempt from
regulation under that chapter pursuant to Section 5451.3.
(h) Transportation of persons between home and work locations or
of persons having a common work-related trip purpose in a vehicle
having a seating capacity of 15 passengers or less, including the
driver, which are used for the purpose of ridesharing, as defined in
Section 522 of the Vehicle Code, when the ridesharing is incidental
to another purpose of the driver. This exemption also applies to a
vehicle having a seating capacity of more than 15 passengers if the
driver files with the commission evidence of liability insurance
protection in the same amount and in the same manner as required for
a passenger stage corporation, and the vehicle undergoes and passes
an annual safety inspection by the Department of the California
Highway Patrol. The insurance filing shall be accompanied by a
one-time filing fee of seventy-five dollars ($75). This exemption
does not apply if the primary purpose for the transportation of those
persons is to make a profit. "Profit," as used in this subdivision,
does not include the recovery of the actual costs incurred in owning
and operating a vanpool vehicle, as defined in Section 668 of the
Vehicle Code.
(i) Vehicles used exclusively to provide medical transportation,
including vehicles employed to transport developmentally disabled
persons for regional centers established pursuant to Chapter 5
(commencing with Section 4620) of Division 4.5 of the Welfare and
Institutions Code.
(j) Transportation services rendered solely within the Lake Tahoe
Basin, comprising that area included within the Tahoe Regional
Planning Compact as set forth in Section 66801 of the Government
Code, when the operator of the services has obtained any permit
required from the Tahoe Basin Transportation Authority or the City of
South Lake Tahoe, or both.
(k) Subject to Section 34507.6 of the Vehicle Code, transportation
service provided by the operator of an automobile rental business in
vehicles owned or leased by that operator, without charge other than
as may be included in the automobile rental charges, to carry its
customers to or from its office or facility where rental vehicles are
furnished or returned after the rental period.
( l ) Subject to Section 34507.6 of the Vehicle Code,
transportation service provided by the operator of a hotel, motel, or
other place of temporary lodging in vehicles owned or leased by that
operator, without charge other than as may be included in the
charges for lodging, between the lodging facility and an air, rail,
water, or bus passenger terminal or between the lodging facility and
any place of entertainment or commercial attraction, including, but
not limited to, facilities providing snow skiing. Nothing in this
subdivision authorizes the operator of a hotel, motel, or other place
of temporary lodging to provide any round trip sightseeing service
without a permit, as required by subdivision (c) of Section 5384.
(m) (1) Transportation of hot air balloon ride passengers in a
balloon chase vehicle from the balloon landing site back to the
original takeoff site, provided that the balloon ride was conducted
by a balloonist who meets all of the following conditions:
(A) Does not fly more than a total of 30 passenger rides for
compensation annually.
(B) Does not provide any preflight ground transportation services
in their vehicles.
(C) In providing return transportation to the launch site from
landing does not drive more than 300 miles annually.
(D) Files with the commission an exemption declaration and proof
of vehicle insurance, as prescribed by the commission, certifying
that the operator qualifies for the exemption and will maintain
minimum insurance on each vehicle of one hundred thousand dollars
($100,000) for injury or death of one person, three hundred thousand
dollars ($300,000) for injury or death of two or more persons and one
hundred thousand dollars ($100,000) for damage to property.
(2) Nothing in this subdivision authorizes the operator of a
commercial balloon operation to provide any round trip sightseeing
service without a permit, as required by subdivision (c) of Section
5384.
(n) (1) Transportation services incidental to operation of a youth
camp that are provided by either a nonprofit organization that
qualifies for tax exemption under Section 501(c)(3) of the Internal
Revenue Code or an organization that operates an organized camp, as
defined in Section 18897 of the Health and Safety Code, serving youth
18 years of age or younger.
(2) Any transportation service described in paragraph (1) shall
comply with all of the following requirements:
(A) Register as a private carrier with the commission pursuant to
Section 4005.
(B) Participate in a pull notice system for employers of drivers
as prescribed in Section 1808.1 of the Vehicle Code.
(C) Ensure compliance with the annual bus terminal inspection
required by subdivision (c) of Section 34501 of the Vehicle Code.
(D) Obtain the following minimum amounts of general liability
insurance coverage for vehicles that are used to transport youth:
(i) A minimum of five hundred thousand dollars ($500,000) general
liability insurance coverage for passenger vehicles designed to carry
up to eight passengers. For organized camps, as defined in Section
18897 of the Health and Safety Code, an additional two hundred fifty
thousand dollars ($250,000) general umbrella policy that covers
vehicles.
(ii) A minimum of one million dollars ($1,000,000) general
liability insurance coverage for vehicles designed to carry up to 15
passengers. For organized camps, as defined in Section 18897 of the
Health and Safety Code, an additional five hundred thousand dollars
($500,000) general umbrella policy that covers vehicles.
(iii) A minimum of one million five hundred thousand dollars
($1,500,000) general liability insurance coverage for vehicles
designed to carry more than 15 passengers, and an additional three
million five hundred thousand dollars ($3,500,000) general umbrella
liability insurance policy that covers vehicles.
SEC. 10. Section 5411.5 of the Public Utilities Code is amended to
read:
5411.5. (a) Whenever a peace officer, as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal Code,
arrests a person for operation of a charter-party carrier of
passengers without a valid certificate or permit, the peace officer
may impound and retain possession of the vehicle.
(b) Whenever a peace officer, as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal Code,
arrests a person for operating a charter-party carrier of passengers
as a taxicab in violation of Chapter 8.5 (commencing with Section
5451) or in violation of a local ordinance of the City and County of
San Francisco or its airport authority, the peace officer may impound
and retain possession of the vehicle.
(c) If the vehicle is seized from a person who is not the owner of
the vehicle, the impounding authority shall immediately give notice
to the owner by first-class mail.
(d) The vehicle shall immediately be returned to the owner if the
infraction or violation is not prosecuted or is dismissed, the owner
is found not guilty of the offense, or it is determined that the
vehicle was used in violation of Section 5411 without the knowledge
and consent of the owner. The vehicle shall be returned to the owner
upon payment of any fine ordered by the court. If the vehicle is
seized due to a violation of a person other than the owner of the
vehicle, the vehicle shall be returned to the owner after all
impoundment fees are paid. After the expiration of six weeks from the
final disposition of the criminal case, unless the owner is in the
process of making payments to the court, the impounding authority may
deal with the vehicle as lost or abandoned property under Section
1411 of the Penal Code.
(e) At any time, a person may make a motion in superior court for
the immediate return of the vehicle on the ground that there was no
probable cause to seize it or that there is some other good cause, as
determined by the court, for the return of the vehicle. A proceeding
under this section is a limited civil case.
(f) No peace officer, however, may impound any vehicle owned or
operated by a nonprofit organization exempt from taxation pursuant to
Section 501(c)(3) of the Internal Revenue Code which serves youth or
senior citizens and provides transportation incidental to its
programs or services or a rented motor vehicle that is being operated
by a hired driver of a charter-party carrier of passengers that is
providing hired driver service.
SEC. 11. Section 5412.2 of the Public Utilities Code is amended to
read:
5412.2. (a) When a person is convicted of the offense of
operating a taxicab without a valid permit required pursuant to
Chapter 8.5 (commencing with Section 5451) or pursuant to a local
ordinance of the City and County of San Francisco or its airport
authority, in addition to any other penalties provided by law, if the
court determines the operator has the ability to pay, the court
shall impose a mandatory fine not exceeding two thousand five hundred
dollars ($2,500) for a first conviction or five thousand dollars
($5,000) for a subsequent conviction.
(b) When a person is convicted of the offense of operating a
charter-party carrier of passengers without a valid certificate or
permit, in addition to any other penalties provided by law, if the
court determines the operator has the ability to pay, the court shall
impose a mandatory fine not exceeding ten thousand dollars ($10,000)
for a first conviction or twenty-five thousand dollars ($25,000) for
a subsequent conviction.
(c) As used in this section, "taxicab" shall have the meaning as
defined in subdivision (d) of Section 5451.4. "Taxicab" shall not
include a charter-party carrier of passengers within the meaning of
this chapter.
SEC. 12. Section 5413.5 of the Public Utilities Code is amended to
read:
5413.5. (a) Whenever the commission, after hearing, finds that
any person or corporation is operating as a charter-party carrier of
passengers, including a charter-party carrier operating a limousine,
without a valid certificate or permit, or fails to include in any
written or oral advertisement the number of the certificate or permit
required by Section 5386, the commission may impose a fine of not
more than seven thousand five hundred dollars ($7,500) for each
violation. The commission may assess the person or corporation an
amount sufficient to cover the reasonable expense of investigation
incurred by the commission. The commission may assess interest on any
fine or assessment imposed, to commence on the day the payment of
the fine or assessment becomes delinquent. All fines, assessments,
and interest collected shall be deposited at least once each month in
the General Fund.
(b) Whenever the commission, after hearing, finds that any person
or corporation is operating a charter-party carrier of passengers as
a taxicab without a valid permit in violation of Chapter 8.5
(commencing with Section 5451) or a local ordinance of the City and
County of San Francisco or its airport authority, the commission may
impose a fine of not more than five thousand dollars ($5,000) for
each violation. The commission may assess the person or corporation
an amount sufficient to cover the reasonable expense of investigation
incurred by the commission. The commission may assess interest on
any fine or assessment imposed, to commence on the day the payment of
the fine or assessment becomes delinquent. All fines, assessments,
and interest collected shall be deposited at least once each month in
the General Fund.
SEC. 13. Chapter 8.5 (commencing with Section 5451) is added to
Division 2 of the Public Utilities Code, to read:
CHAPTER 8.5. TAXICAB TRANSPORTATION SERVICES ACT
Article 1. General Provisions and Definitions
5451. This chapter shall be known, and may be cited, as the
Taxicab Transportation Services Act.
5451.1. The commission may delegate to its executive director or
designee of the executive director the authority to issue, renew, or
authorize the transfer of taxicab carrier permits under this chapter
and to otherwise implement this chapter.
5451.2. Notwithstanding any other provision of law, and except as
otherwise provided in Section 5451.3, this chapter shall apply to
taxicab transportation services provided throughout the state. The
commission shall regulate taxicab transportation services and enforce
the requirements of this chapter, and may adopt regulations to
further the objectives of this chapter. The Legislature
finds and declares that regulation of taxicab transportation services
throughout the state constitutes a matter of statewide concern.
5451.3. This chapter shall not apply to taxicab transportation
services originating in the jurisdiction of the City and County of
San Francisco or at the San Francisco International Airport,
including taxicab carriers and taxicab drivers
associated with those services. Those taxicab transportation services
shall remain under the regulation of the City and County of San
Francisco or its airport authority, as the case may be.
5451.4. For the purposes of this chapter, the following terms
have the following meanings:
(a) "Entity" includes a corporation, company, association, joint
stock association, firm, partnership, individual, or any other form
of business organization.
(b) "Public highway" includes every public street, road, or
highway in this state.
(c) "Motor vehicle" means a vehicle used on public highways that
is self-propelled.
(d) "Taxicab" means a passenger motor vehicle designed for
carrying not more than eight passengers, excluding the driver, and
used to carry passengers for hire as part of taxicab transportation
services.
(e) "Taxicab carrier" means an entity that is a permitted provider
of taxicab transportation services to passengers under this chapter.
(f) "Taxicab driver" means an individual who is a
permitted licensed driver of a taxicab under
this chapter.
(g) "Taxicab transportation services" means the provision of
transportation services for compensation using motor vehicles
designed for carrying not more than eight passengers, excluding the
driver, and that are permitted to serve passengers via street
hail, including curbside pickups, but excludes transportation
services provided by a charter-party carrier of passengers regulated
by Chapter 8 (commencing with Section 5351).
(h) With respect to a motor vehicle used in taxicab transportation
services by a taxicab carrier, "owner" means the entity that is
registered with the Department of Motor Vehicles as the owner of the
motor vehicle, or that has a legal right to possession of the motor
vehicle pursuant to a lease or rental agreement.
(i) "Region" means one of the regions identified pursuant to
Section 5451.6.
5451.6. The commission shall issue permits pursuant to this
chapter authorizing taxicab carriers to operate in one or
more of the following regions: operate.
(a) Region 1 shall include the Counties of Del Norte, Siskiyou,
Modoc, Humboldt, Trinity, Shasta, Lassen, Mendocino, Tehama, Plumas,
Glenn, Butte, Lake, Colusa, Yuba, Sierra, Nevada, Yolo, Sutter,
Placer, Sacramento, and El Dorado.
(b) Region 2 shall include the Counties of Sonoma, Napa, Marin,
Solano, Contra Costa, San Mateo, Alameda, and Santa Clara. Region 2
shall exclude taxicab transportation services originating at the San
Francisco International Airport in the County of San Mateo.
(c) Region 3 shall include the Counties of San Joaquin, Amador,
Alpine, Stanislaus, Calaveras, Tuolumne, Mono, Merced, Mariposa, San
Benito, Madera, Fresno, Inyo, Kings, Tulare, and Kern.
(d) Region 4 shall include the Counties of Santa Cruz, Monterey,
San Luis Obispo, Santa Barbara, and Ventura.
(e) Region 5 shall include the Counties of Los Angeles, San
Bernardino, Orange, and Riverside.
(f) Region 6 shall include the Counties of San Diego and Imperial.
5451.7. A taxicab carrier regulated by the City and County of San
Francisco or its airport authority and not subject to regulation by
the commission shall not be authorized to apply for a permit to
operate taxicab transportation services originating within any of the
regions regulated by the commission pursuant to Section 5451.6.
Article 2. Authorization to Operate as a Taxicab Carrier
5452. An entity shall not engage in taxicab transportation
services subject to regulation under this chapter without first
having obtained a taxicab carrier permit issued by the commission
pursuant to this chapter.
5452.2. The commission shall issue permits to entities to operate
taxicab transportation services as a taxicab carrier if otherwise
qualified under this chapter. Each permit shall specify the
region of the state in which the taxicab carrier is authorized to
operate. Nothing in this chapter shall preclude a taxicab carrier
from holding permits to operate
in multiple regions.
5452.4. A taxicab carrier holding a permit for a region shall not
be restricted as to point of origin or destination within that
region.
5452.6. A taxicab carrier shall include the number of its permit
in every written, oral, or electronic advertisement of the services
it offers and shall comply with the signing requirements of Section
27908 of the Vehicle Code. For the purposes of this section,
"advertisement" includes, but is not limited to, the issuance of any
card, sign, or device to any person, the causing, permitting, or
allowing of the placement of any sign or marking on or in any
building or structure, or in any media form, including newspaper,
magazine, radiowave, satellite signal, or any electronic
transmission, or in any directory soliciting taxicab transportation
services subject to this chapter.
5452.8. (a) Applications for taxicab carrier permits shall be in
writing and verified under oath, and shall be in the form and contain
the information required by the commission.
(b) An application for a taxicab carrier permit shall be
accompanied by a filing fee as follows:
(1) Permits (new): ____ dollars ($____).
(2) Permits (renewal): ____ dollars ($____).
5452.10. (a) (1) Before a permit is issued or renewed, the
commission shall require the applicant to establish reasonable
fitness and financial responsibility to initiate and conduct or
continue to conduct the proposed or existing taxicab transportation
services. The commission shall not issue or renew a permit pursuant
to this chapter unless the applicant meets all of the following
requirements:
(A) It is financially and organizationally capable of conducting
an operation that complies with the rules and regulations of the
Department of the California Highway Patrol relating to the safe
operation of vehicles on the public highways.
(B) It is committed to observing the hours of service regulations
of state and, where applicable, federal law for all taxicab drivers,
whether employees or contractors.
(C) It has an inspection program in effect for its motor vehicles
used to provide taxicab transportation services that conforms to
Article 8 (commencing with Section 5458).
(D) It participates in the pull notice program pursuant to Section
1808.1 of the Vehicle Code to regularly check the driving records of
all taxicab drivers, whether employees or contractors.
(E) It has a safety education and training program in effect for
all taxicab drivers, whether employees or contractors.
(F) It will maintain its motor vehicles used in taxicab
transportation services in a safe operating condition and in
compliance with the Vehicle Code and with regulations contained in
Title 13 of the California Code of Regulations relative to motor
vehicle safety.
(G) It has provided to the commission an address of an office or
terminal where documents supporting the factual matters specified in
the showing required by this subdivision may be inspected by the
commission or the Department of the California Highway Patrol.
(H) It provides for a mandatory controlled substance and alcohol
testing certification program pursuant to Section 5457.22.
5457.4.
(2) With respect to subparagraphs (B) and (F) of paragraph (1),
the commission may base a finding on a certification by the
commission that an applicant has filed, with the commission, a sworn
declaration of ability to comply and intent to comply.
(b) The commission, as a precondition to the issuance of a permit
under this article, may require the procurement of a performance bond
by the applicant sufficient to facilitate the collection of fines,
penalties, and restitution related to enforcement actions that may be
taken against the applicant.
(b)
(c) In addition to the requirements in subdivision (a),
taxicab carriers shall meet all other state and, where applicable,
federal regulations as prescribed.
5452.12. (a) Every taxicab carrier shall furnish to the
commission a list, prepared under oath, of all motor vehicles used by
the carrier in taxicab transportation services during the period
since the last inspection. The commission shall furnish a copy of the
list to the taxicab carrier's insurer, if the taxicab
carrier's accident liability protection is provided by a policy of
insurance. insurer.
(b) If the taxicab carrier's insurer informs the commission that
the carrier has failed to obtain insurance coverage for any vehicle
reported on the list, the commission may, in addition to any other
penalty provided in this chapter, for a first occurrence, suspend the
carrier's permit or impose a fine, or both, and, for a second or
subsequent occurrence, suspend or revoke the permit or impose a fine,
or both.
5452.14. The commission may, with or without hearing, issue a
permit under this chapter. If the commission finds that the applicant
possesses satisfactory fitness and financial responsibility to
initiate and conduct the proposed taxicab transportation services,
and will faithfully comply with the rules and regulations adopted by
the commission with respect thereto, it shall issue the permit.
5452.16. A permit, or renewal thereof, is effective for three
years, unless suspended or revoked by the commission.
5452.18. No permit issued pursuant to this chapter, or rights to
conduct any of the services authorized by the permit, shall be sold,
leased, or assigned, or otherwise transferred or encumbered, unless
authorized by the commission. A filing fee of ____ dollars ($____)
shall accompany all applications for that authorization.
Article 3. Enforcement
5453. Upon receipt of a complaint containing sufficient
information to warrant conducting an investigation, the commission
shall investigate any entity that advertises or holds itself out as
providing services that may be reasonably considered to be taxicab
transportation services but that does not have a permit required by
this chapter. The commission, in a rulemaking or other appropriate
procedure, shall adopt criteria that establish the type of
information, if contained in a complaint, that is sufficient to
warrant an investigation. Pursuant to this investigation, the
commission shall do all of the following:
(a) Determine which entities, if any, are required to obtain a
taxicab carrier permit pursuant to Article 2 (commencing with Section
5452) but that do not have the required permit.
(b) Inform any entity identified in subdivision (a) that the
failure to obtain a permit is in violation of the law.
(c) Within 60 days of informing the entity pursuant to subdivision
(b), institute civil or criminal proceedings, or both, if the entity
continues to be in noncompliance with this chapter.
5453.2. The commission shall not issue, renew, or authorize the
transfer of a taxicab carrier permit under this chapter to any entity
against whom a final judgment has been entered and whose name has
been transmitted to the commission pursuant to Section 3716.4 of the
Labor Code, unless that judgment has been satisfied or has been
discharged in accordance with the bankruptcy laws of the United
States.
5453.4. (a) The commission may cancel, suspend, or revoke a
taxicab carrier permit issued pursuant to this chapter upon any of
the following grounds:
(1) The violation by the permitholder of any of the provisions of
this chapter, or of the terms of a permit issued under this chapter.
(2) The violation by the permitholder of any order, decision,
rule, regulation, direction, demand, or requirement of the commission
pursuant to this chapter.
(3) The conviction of a taxicab carrier of any misdemeanor under
this chapter while holding a taxicab carrier permit issued by the
commission or the conviction of the carrier or its officers of a
felony while holding a permit issued by the commission, limited to
robbery, burglary, larceny, fraud, or intentional dishonesty for
personal gain.
(4) The rendition of a judgment against the taxicab carrier for
any penalty imposed under this chapter.
(5) The failure of a taxicab carrier to pay any fee imposed on the
carrier within the time required by the commission.
(6) On request of the taxicab carrier.
(7) The failure of a taxicab carrier to operate and perform
reasonable service. That failure may include repeated violations of
the Vehicle Code or of regulations contained in Title 13 of the
California Code of Regulations relative to motor vehicle safety by
employees of the taxicab carrier that support an inference of unsafe
operation or willful neglect of the public safety by the carrier.
(8) Consistent failure of the taxicab carrier to maintain its
vehicles in a safe operating condition pursuant to Article 8
(commencing with Section 5458) and in compliance with the Vehicle
Code and with regulations contained in Title 13 of the California
Code of Regulations relative to motor vehicle safety, as shown by the
records of the commission, the Department of Motor Vehicles, the
Department of the California Highway Patrol, or the carrier.
(9) Failure of a taxicab carrier, or of any of its employees, to
follow any order, decision, rule, regulation, direction, demand,
ordinance, or other requirement established by the governing body of
an airport, including solicitation practices, providing the
requirements are consistent with subdivision (b) of Section 5459.
(b) The commission may levy a civil penalty of up to seven
thousand five hundred dollars ($7,500) upon a taxicab carrier for any
of the violations specified in subdivision (a), as an alternative to
canceling, revoking, or suspending the carrier's permit. The
commission may also levy interest upon the civil penalty, which shall
be calculated as of the date on which the civil penalty is unpaid
and delinquent. The commission shall deposit at least monthly all
civil penalties and interest collected pursuant to this section into
the General Fund.
5453.6. (a) A taxicab carrier shall have and shall make available
for inspection by the commission, upon request, one of the
following:
(1) A certificate of workers' compensation coverage for its
employees issued by an admitted insurer.
(2) A certification of consent to self-insure issued by the
Director of Industrial Relations.
(3) A statement under penalty of perjury, stating that, in its
operations as a taxicab carrier, it does not employ any person in any
manner so as to become subject to the workers' compensation laws of
this state.
(b) The workers' compensation coverage certified to under
paragraph (1) of subdivision (a) shall be in the form of a policy
that remains effective until canceled. Cancellation of the policy
shall require 30 days' advance notice.
(c) If, after filing the statement described in paragraph (3) of
subdivision (a), the carrier becomes subject to the workers'
compensation laws of this state, the carrier shall promptly notify
the commission that the carrier is withdrawing its statement under
paragraph (3) of subdivision (a), and shall simultaneously file the
certificate described in either paragraph (1) or (2) of subdivision
(a).
5453.7. (a) The commission may at any time have access to the
land, buildings, or equipment of a taxicab carrier in connection with
the operation of the carrier's business and may inspect the
accounts, books, papers, and documents of the carrier. Any inspection
by the commission may include reproduction of documents either at
the premises of the carrier or the offices of the commission, at the
option of the carrier. The commission shall reimburse the carrier for
any reproduction expenses incurred by the carrier at the direction
of the commission.
(b) Subdivision (a) also applies to access to property and
inspections of accounts, books, papers, and documents of any entity
that is a subsidiary or affiliate of, or that holds a controlling
interest in, a taxicab carrier with respect to any transaction
between the carrier and the other entity.
(c) Subdivisions (a) and (b) also apply to any entity engaged in
the transportation of persons by motor vehicle for compensation upon
a determination by the commission that the entity is advertising or
holding itself out as providing services that may reasonably be
considered to be taxicab transportation services.
5453.8. The commission may, on a complaint alleging that an
entity is operating taxicab transportation services without a valid
taxicab carrier permit in violation of this chapter, or on its own
motion without a complaint, with or without notice of a hearing,
order the entity so operating to cease and desist from that operation
until the commission makes and files its decision in the matter or
until further order of the commission.
5453.10. (a) The Legislature finds and declares that advertising
and use of telephone service is essential for a an entity providing
taxicab transportation services to obtain business. Unlawful
advertisements by unlicensed taxicabs have resulted in
properly-permitted taxicab carriers competing with unlicensed
taxicabs using unfair business practices. Unlicensed taxicabs have
also exposed residents of the state to unscrupulous persons who
portray themselves as properly licensed, qualified, and insured
taxicabs. Many of these unlicensed taxicabs have been found to have
operated their vehicles without insurance, or in an unsafe manner,
placing residents of the state at risk.
(b) (1) The Legislature further finds and declares that the
termination of telephone service utilized by unlicensed taxicabs is
essential to ensure the public safety and welfare. Therefore, the
commission should take enforcement action as specified in this
section to disconnect telephone service of entities operating
unlicensed taxicab transportation services who unlawfully advertise
passenger transportation services in yellow page directories and
other publications. The enforcement actions provided for by this
section are consistent with the decision of the California Supreme
Court in Goldin v. Public Utilities Commission (1979) 23 Cal. 3d 638.
(2) For purposes of this section, a telephone corporation or
telegraph corporation, or a corporation that holds a controlling
interest in the telephone or telegraph corporation, or any business
that is a subsidiary or affiliate of the telephone or telegraph
corporation, that has the name and address of the subscriber to a
telephone number being used by an unlicensed operator of taxicab
transportation services shall provide the commission, upon the order
of a magistrate and the demand of the commission, access to this
information. A magistrate may only issue an order for the purposes of
this subdivision if the magistrate has made the findings required by
subdivision (c).
(c) A telephone or telegraph corporation shall refuse telephone
service to a new subscriber and shall disconnect telephone service of
an existing subscriber under this section only after it is shown
that other available enforcement remedies of the commission have
failed to terminate unlawful activities detrimental to the public
welfare and safety, and upon receipt from the commission of a
writing, signed by a magistrate, as defined by Sections 807 and 808
of the Penal Code, finding that probable cause exists to believe that
the subscriber is advertising, or holding itself out to the public
to perform, taxicab transportation services without a permit of the
commission, or that the telephone service otherwise is being used or
is to be used as an instrumentality, directly or indirectly, to
violate or assist in violation of the laws requiring a taxicab
carrier to have a permit from the commission. Included in the writing
of the magistrate shall be a finding that there is probable cause to
believe that the applicable telephone facilities have been, or are
to be, used in the commission or facilitation of holding out to the
public to perform or in performing taxicab transportation services in
violation of this chapter and that, in the absence of immediate and
summary action, a danger to the public welfare and safety will
result.
(d) Any person aggrieved by any action taken pursuant to this
section shall have the right to file a complaint with the commission
and may include in the complaint a request for interim relief. The
commission shall schedule a public hearing on the complaint to be
held within 21 calendar days of the filing and assignment of a docket
number to the complaint. The remedy provided by this section shall
be exclusive. No other action at law or in equity shall accrue
against any telephone or telegraph corporation because of, or as a
result of, any matter or thing done or threatened to be done pursuant
to this section.
(e) At any hearing held on a complaint filed with the commission
pursuant to subdivision (d), the commission staff shall have the
right to participate, including the right to present evidence and
argument and to present and cross-examine witnesses. The commission
staff shall have both the burden of proving that the use made or to
be made of the telephone service is to hold out to the public to
perform, or to assist in performing, taxicab transportation services,
or that the telephone service is being or is to be used as an
instrumentality, directly or indirectly, to violate or to assist in
violation of the permitting requirements applicable to taxicab
carriers and that the character of the acts are such that, absent
immediate and summary action, a danger to public welfare or safety
will result, and the burden of persuading the commission that the
telephone services should be refused or should not be restored.
(f) The telephone or telegraph corporation, immediately upon
refusal or disconnection of service in accordance with subdivision
(c), shall notify the subscriber in writing that the refusal or
disconnection of telephone service has been made pursuant to a
request of the commission and the writing of a magistrate, and shall
include with the notice a copy of this section, a copy of the writing
of the magistrate, and a statement that the customer or subscriber
may request information from the commission at its San Francisco or
Los Angeles office concerning any provision of this section and the
manner in which a complaint may be filed.
(g) The provisions of this section are an implied term of every
contract for telephone service. The provisions of this section are a
part of any application for telephone service. Applicants for, and
subscribers and customers of, telephone service have, as a matter of
law, consented to the provisions of this section as a consideration
for the furnishing of the telephone service.
(h) As used in this section, the terms "person," "customer," and
"subscriber" include a subscriber to telephone service, any person
using the telephone service of a subscriber, an applicant for
telephone service, a corporation, as defined in Section 204, a
"person" as defined in Section 205, a limited liability company, a
partnership, an association, and includes their lessees and assigns.
(i) (1) As used in this section, "telephone corporation" is
defined as provided in Section 234.
(2) As used in this section, "telegraph corporation" is defined as
provided in Section 236.
(j) As used in this section, "commission" includes the employees
of the commission as provided in Section 5451.1, unless the context
otherwise requires.
5453.12. In order to facilitate enforcement by peace officers of
taxicab laws pursuant to this chapter and associated regulations
adopted by the commission, both of the following shall apply:
(a) The commission shall adopt a general order containing its
rules pertaining to taxicab carriers.
(b) Peace officers may enforce this chapter and the commission's
rules in the general order pertaining to taxicab carriers.
Article 4. Trade Dress
5454. A taxicab carrier subject to regulation under this chapter
shall not operate a motor vehicle on a public highway unless there is
displayed on the vehicle a distinctive identifying symbol in the
form prescribed by the commission. The identifying symbol shall not
be displayed on any vehicle until a permit under this chapter has
been issued to the carrier.
5454.2. The commission shall assign both trade name and trade
dress within each region for taxicab
transportation services. In doing so, the commission shall take into
account taxicab carriers operating within each region
on December 31, 2016, and shall minimize public confusion
to consumers of taxicab transportation services in awarding trade
name and trade dress in each region. The commission may
assign the same or similar trade name and trade dress in different
regions of the state in a manner that minimizes public confusion to
consumers of taxicab transportation services. dress.
5454.4. A taxicab carrier shall remove all markings required by
the commission from a motor vehicle when the motor vehicle is
permanently withdrawn from service as a taxicab.
5454.6. The commission shall award initial trade name and trade
dress in each region as soon as practicable on or
after January 1, 2017. In doing so, the commission shall consider all
of the following:
(a) Historic trade name and trade dress granted to licensees by
cities, counties, cities and counties, or any subdivision thereof as
submitted to the commission pursuant to Section 5454.8.
(b) The geographic service boundaries of the provision of taxicab
services before January 1, 2017.
(c) The cost to taxicab carriers of changing trade name or trade
dress in accordance with the commission's order.
5454.8. Any city or county, or any subdivision thereof, that
regulates or oversees the licensure of taxicab transportation
services within its jurisdiction on December 31, 2016, shall forward
to the commission licensure information for each taxicab
transportation service licensee within its jurisdiction. This section
shall not apply to the taxicab transportation services exempted from
this chapter pursuant to Section 5451.3. The information shall
include, but need not be limited to, the following:
(a) The name of the licensee, including the approved "doing
business as" name granted to a licensee.
(b) Information related to trade dress or exterior markings
granted to each licensee within the jurisdiction.
(c) The geographical boundaries, if any, granted to a licensee in
the provision of taxicab transportation services.
(d) Any other information the commission may require to carry out
the purposes of this chapter.
5454.10. The commission may adopt an alternate process for
awarding trade name and trade dress within each region subsequent to
the initial award outlined in Section 5454.2, provided that the
alternate process shall seek to minimize public confusion to
consumers of taxicab transportation services in each region.
Article 5. Insurance
5455. The commission, in granting a permit to a taxicab carrier
pursuant to this chapter, shall require the taxicab carrier to
procure, and to continue in effect during the life of the permit,
protection insurance against liability
imposed by law upon the taxicab carrier for the payment of damages
for personal bodily injuries, including death resulting therefrom,
protection insurance against a total
liability of the taxicab carrier on account of bodily injuries to, or
death of, more than one person as a result of any one accident, and
protection insurance against damage or
destruction of property. The maximum
insurance requirements for these assurances of
protection against liability shall be satisfied
through commercial liability insurance coverage applicable 24 hours
per day and seven days per week that is no more
less than one hundred thousand dollars
($100,000) for death and personal injury per person, three hundred
thousand dollars ($300,000) for death and personal injury per
incident, and fifty thousand dollars ($50,000) for property damage.
The commission may require higher amounts of
insurance coverage.
5455.2. The protection insurance coverage
required under Section 5455 shall be evidenced by the
deposit of any of the following with the commission covering
cover each motor vehicle used or to be used
under the permit applied for:
(a) A
a taxicab carrier's permit. The policy of
insurance, insurance shall be issued by a company
licensed to write insurance in this state, or by nonadmitted
insurers subject to Section 1763 of the Insurance Code, if the
policies meet the rules promulgated therefor by the commission.
(b) A bond of a surety company licensed to write surety bonds in
this state.
(c) Evidence of the qualification of the taxicab carrier as a
self-insurer as may be authorized by the commission.
5455.4. No entity holding a valid taxicab carrier permit issued
by the commission pursuant to this chapter shall be required by a
city, county, city and county, or any other local agency to provide
insurance in a manner different from that required by this article.
5455.6. The insurance requirements specified in this
article shall only be applicable to motor vehicles while providing
taxicab transportation services. When not providing those services,
the insurance requirements for those vehicles shall be the minimum
amounts otherwise applicable to motor vehicles not providing taxicab
transportation services.
5455.8. The insurance policy shall be filed with the
commission. With the consent of the commission, a copy of an
insurance policy, certified by the company issuing it to be a true
copy of the original policy, or a photocopy thereof, or an electronic
copy thereof, or an abstract of the provisions of the policy, or a
certificate of insurance issued by the company issuing the policy,
may be filed with the commission in lieu of the original or a
duplicate or counterpart of the policy.
Article 6. Pricing and GPS Metering
5456. The commission shall not regulate either of the
following with respect to provision of taxicab transportation
services:
(a) Fares or fees charged by taxicab carriers, including, but not
limited to, meter rates, gate fees, or any other charge to the
consumer related to the hiring of a taxicab.
(b) The
regulate the type of device used by taxicab
carriers to calculate fares, including the use of global positioning
system metering as a form of calculating fares.
5456.2. The commission may adopt rules requiring taxicab carriers
to disclose fares, fees, and other pricing structures for taxicab
transportation services. Any rules shall allow a taxicab carrier to
disclose fares, fees, or other pricing structures on its Internet Web
site or cellular telephone application.
Article 7. Taxicab Drivers
5457. An individual shall not be a driver providing taxicab
transportation service regulated by this chapter without first
obtaining a taxicab driver permit from the commission pursuant to
this article.
5457.2. A taxicab driver permit issued pursuant to this article
shall be valid in any region in this state.
5457.4. The commission shall issue a taxicab driver permit to an
applicant if the applicant meets all of the following requirements:
(a) The applicant submits to the commission a written application
for a taxicab driver permit.
(b) The applicant pays a taxicab driver permit fee as determined
by the commission.
(c) The applicant is a minimum of 18 years of age.
(d) The applicant possesses a current class C California driver's
license.
(e) The applicant is not afflicted with either a physical or
mental incapacity that would preclude the individual from safely
operating a taxicab and performing the duties normally associated
with the profession.
(f) The applicant passes a written exam as prescribed by the
commission.
(g) The applicant passes a background check through the Department
of Justice's live scan system.
5457.6. An applicant may be required to submit a medical report
and obtain a valid medical certificate if the application, or
observation by the commission, indicates a physical or mental
affliction. In that situation, the applicant may be granted a
temporary taxicab driver permit for 30 days pending receipt of a
valid medical certificate. Upon submittal of the valid medical
certificate and its acceptance by the commission, a regular taxicab
driver permit shall be issued to the applicant.
5457.8. An applicant shall be denied a taxicab driver permit if
any portion of the application is found to be falsified. If the
falsification is deemed to be willful and intentional, the applicant
shall not be allowed to reapply for a taxicab driver permit for a
one-year period from the time the falsification is first discovered.
Should a repeat offense of falsification occur, the applicant shall
not be allowed to reapply for a taxicab driver permit for a
seven-year period from the time the additional falsification is
discovered.
5457.10. An applicant who has willfully and intentionally
attempted to cheat in the taxicab driver permit exam process shall be
immediately disqualified from the exam. First-time offenders shall
be ineligible to retake the exam for a 180-day period. Repeat
offenders shall be ineligible to retake the exam for a seven-year
period. Test misconduct shall include, but not be limited to, using
notes or other materials that have been prohibited, looking at other
applicant test papers, talking to other applicants during the exam,
failing to stop as requested at the end of the exam period, or in any
way coercing others for exam information.
5457.12. 5457. While providing
taxicab transportation services, a taxicab driver shall have in his
or her immediate possession, and shall present, upon request, to a
law enforcement officer, a representative of the commission, or a
customer, both all of the following:
(a) A Evidence of a valid
Class C California driver's license.
(b) A valid taxicab driver permit issued by the
commission. commission to a taxicab carrier.
(c) Evidence of the taxicab carrier's liability insurance in
compliance with Article 5 (commencing with Section 5455).
5457.14. 5457.2. A holder
of a taxicab driver permit shall not
drive a taxicab while his or her driver's license is expired,
suspended, or revoked.
5457.16. A taxicab driver shall properly display his or her valid
taxicab driver permit in the taxicab in a manner as prescribed by
the commission.
5457.18. A taxicab driver shall not do any of the following:
(a) Knowingly allow another individual to use his or her taxicab
driver permit.
(b) Duplicate a taxicab driver permit.
(c) Use another person's taxicab driver permit.
(d) Apply for, or possess, more than one taxicab driver permit
issued by the commission.
5457.20. A holder of a taxicab driver permit that becomes invalid
shall destroy the permit.
5457.22. 5457.4. (a) A taxicab
carrier shall do all of the following:
(1) Participate in a pull-notice system pursuant to Section 1808.1
of the Vehicle Code to regularly check the driving records of all
taxicab drivers employed or contracted by the carrier.
(2) Provide for a mandatory controlled substance and alcohol
testing certification program for taxicab drivers employed or
contracted by the carrier, as required by the commission. The program
shall not be more strict than the program adopted by the commission
pursuant to Section 1032.1 for transportation network company
drivers.
(3) Ensure that a taxicab driver employed or contracted by the
carrier meets all of the following requirements:
(A) Is a minimum of 18 years of age.
(B) Possesses a valid Class C California driver's license.
(C) Is not afflicted with either a physical or mental incapacity
that would preclude the individual from safely operating a taxicab
and performing the duties normally associated with the profession.
(D) Passes a background check through the Department of Justice's
live scan system.
(4) Provide each taxicab driver employed or contracted by the
taxicab carrier with documentation necessary for the driver to comply
with subdivisions (b) and (c) of Section 5457.
(b) A taxicab carrier may require a taxicab driver to submit a
medical report and obtain a valid medical certificate if the carrier
believes that the driver has a physical or mental affliction.
(b)
(c) Taxicab drivers hired or contracted by a taxicab
carrier on or after January 1, 2017, shall be subject to mandatory
drug and alcohol testing prior to employment or contracting. Drivers
hired or contracted by a taxicab carrier before January 1, 2017,
shall complete a drug and alcohol test before January 1, 2018.
5457.24. 5457.6. (a) A taxicab
carrier regulated pursuant to this chapter shall not employ, or
contract with, any of the following persons as a taxicab driver:
(1) A person convicted, during the preceding seven years, of any
offense relating to the use, sale, possession, or transportation of
narcotics, controlled substances, or addictive or dangerous drugs, or
of any act involving force, violence, threat, or intimidation
against persons, or of any sexual offense, or of any act involving
moral turpitude, including fraud or intentional dishonesty for
personal gain, or of any felony offense, or of any offense involving
the possession of a firearm or dangerous weapon, or of any offense
involving the solicitation or agreement to engage in or engagement in
any act of prostitution, or of any act of resisting, delaying, or
obstructing a peace officer, public officer, or emergency medical
technician, or of theft in either degree. For the purposes of this
paragraph, a subsequent change of plea or vacation of verdict and
dismissal of charges pursuant to Section 1203.4 of the Penal Code
does not release the applicant from the penalties and disabilities
resulting from the offense of which he or she has been convicted.
(2) A person required to register as a sex offender under Section
290 of the Penal Code or a person convicted of a felony involving any
type of sexual offense; the manufacture, possession for sale,
transportation, or distribution of narcotics, controlled substances,
or addictive or dangerous drugs; force, violence, threat, or
intimidation against persons; kidnaping; forgery, fraud, larceny,
extortion, burglary, robbery, or theft; credit card fraud; possession
of a firearm or dangerous weapon; resisting or obstructing a peace
officer, public officer, or emergency medical technician; or use of a
vehicle for hire in the commission of a felony.
(3) A person convicted of any violation of Section 20001, 20003,
20004, 23104, or 23153 of the Vehicle Code.
(b) For purposes of subdivision (a), out-of-state convictions for
equivalent violations shall be given the same effect as in-state
convictions.
Article 8. Vehicle Inspection
5458. Upon initial placement into service and annually
thereafter, a taxicab carrier shall inspect each of its
motor vehicles used for taxicab transportation services, or
have each vehicle inspected at a facility licensed by the Bureau of
Automotive Repair, and shall maintain complete documentation of each
inspection. The inspection shall cover all of the following
components, and each component shall, at a minimum, be in
satisfactory condition before a vehicle may be used in providing
taxicab transportation services:
(a) Foot brakes.
(b) Emergency brakes.
(c) Steering mechanism.
(d) Windshield.
(e) Rear window and other glass.
(f) Windshield wipers.
(g) Headlights.
(h) Tail lights.
(i) Turn indicator lights.
(j) Stop lights.
(k) Front seat adjustment mechanism.
(l) Doors, including opening, closing, and locking.
(m) Horn.
(n) Speedometer.
(o) Bumpers.
(p) Muffler and exhaust system.
(q) Tires.
(r) Interior and exterior rear-view mirrors.
(s) Safety belts for the driver and passengers.
Article 9. Local Agencies and Airports
5459. (a) Except as otherwise specifically provided in this
article and in Section 5451.3, and notwithstanding any other
provision of law, this chapter constitutes the exclusive regulation
of taxicab carriers, taxicab drivers, carriers
and taxicab transportation services in this state and
preempts all other regulation. state. In that
regard, a local agency may not require a license, or impose a tax or
fee, for the conduct of taxicab transportation services subject to
regulation under this chapter.
(b) Nothing in this chapter shall be construed to prevent a local
agency from designating taxicab stands on public highways under its
jurisdiction pursuant to Section 21112 of the Vehicle Code for use by
taxicabs, or from designating other locations for taxicabs to stop
pursuant to Section 22500 of the Vehicle Code.
(c) Nothing in this chapter shall be construed to prevent the
governing body of an airport from adopting and enforcing reasonable
and nondiscriminatory local airport rules, regulations, and
ordinances pertaining to access, use of highways, parking, traffic
control, passenger transfers and occupancy, passenger solicitation
practices, and the use of buildings and facilities, that are
applicable to taxicab carriers operating on airport property. In that
regard, the governing body of an airport may require a taxicab
carrier to obtain an airport permit in order to operate taxicab
transportation services to or from the airport. However, the
governing body of an airport may not impose a fee on taxicab
carriers that is based on the gross receipts of the carrier, and may
not impose vehicle safety, vehicle licensing, or insurance
requirements on taxicab carriers that are more burdensome than those
imposed by this chapter or by commission regulation pursuant to this
chapter.
(d) Nothing in this chapter shall be construed to prohibit any
agreement entered into between a taxicab carrier and the governing
board of an airport pursuant to Article 4.5 (commencing with Section
21690.5) of Chapter 4 of Part 1 of Division 9.
Article 10. Violations
5460. Every taxicab carrier and every officer, director, agent,
employee, or contractor of any taxicab carrier who violates or fails
to comply with, or who procures, aids, or abets any violation of, any
provision of this chapter, or who fails to obey, observe, or comply
with any order, decision, rule, regulation, direction, demand, or
requirement of the commission, or with any permit issued under this
chapter, or who procures, aids, or abets any taxicab carrier in its
failure to comply with the order, decision, rule, regulation,
direction, demand, requirement, or permit, is guilty of a misdemeanor
and is punishable by a fine of not less than one thousand dollars
($1,000) and not more than five thousand dollars ($5,000) or by
imprisonment in a county jail for not more than three months, or by
both that fine and imprisonment.
5460.2. Every person other than a taxicab carrier who knowingly
and willfully, either individually, or acting as an officer, agent,
or employee of a person other than a taxicab carrier, who violates
any provision of this chapter, or who fails to obey, observe, or
comply with any order, decision, rule, regulation, direction, demand,
or requirement of the commission, or who procures, aids, or abets
any taxicab carrier in its violation of this chapter, or in its
failure to obey, observe, or comply with any order, decision, rule,
regulation, direction, demand, or requirement, is guilty of a
misdemeanor and is punishable by a fine of not less than one thousand
dollars ($1,000) and not more than five thousand dollars ($5,000) or
by imprisonment in a county jail for not more than three months, or
by both that fine and imprisonment.
5460.4. Every taxicab carrier and every officer, director, agent,
employee, or contractor of any taxicab carrier who violates or fails
to comply with, or who procures, aids, or abets any violation by any
taxicab carrier of, any provision of this chapter, or who fails to
obey, observe, or comply with any order, decision, rule, regulation,
direction, demand, or requirement of the commission, or with any
permit issued under this chapter, or who procures, aids, or abets any
taxicab carrier in its failure to comply with the order, decision,
rule, regulation, direction, demand, requirement, or permit, is
subject to a civil penalty of not more than two thousand dollars
($2,000) for each offense.
5460.6. Every person other than a taxicab carrier who knowingly
and willfully, either individually, or acting as an officer, agent,
or employee of a person other than a taxicab carrier, who violates
any provision of this chapter, or who fails to obey, observe, or
comply with any order, decision, rule, regulation, direction, demand,
or requirement of the commission, or who procures, aids, or abets
any taxicab carrier in its violation of this chapter, or in its
failure to obey, observe, or comply with any order, decision, rule,
regulation, direction, demand, or requirement, is subject to a civil
penalty of not more than two thousand dollars ($2,000) for each
offense.
5460.8. Every person who drives a taxicab in conjunction with
providing taxicab transportation services subject to regulation under
this chapter and who does not possess a valid taxicab
driver permit is in violation of Section 5457 or
5457.2 is guilty of a misdemeanor and is punishable by a fine
of not less than ____ dollars ($____) and not more than ____ dollars
($____) or by imprisonment in a county jail for not more than ____
months, or by both that fine and imprisonment.
5460.10. Every violation of this chapter or of any order,
decision, rule, regulation, direction, demand, or requirement of the
commission by any person is a separate and distinct offense and, in
case of a continuing violation, each day's continuance thereof is a
separate and distinct offense.
5460.12. (a) Whenever a peace officer, as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal Code,
arrests a person for the operation of a taxicab without a valid
taxicab carrier permit, the peace officer may impound and
retain possession of the vehicle.
(b) If the vehicle is seized from a person who is not the owner of
the vehicle, the impounding authority shall immediately give notice
to the owner by first-class mail.
(c) The vehicle shall immediately be returned to the owner if the
violation is not prosecuted or is dismissed, the owner is found not
guilty of the offense, or it is determined that the vehicle was used
in violation of Section 5460.8 without the knowledge and consent of
the owner. The vehicle shall be returned to the owner upon payment of
any fine ordered by the court. If the vehicle is seized due to a
violation of a person other than the owner of the vehicle, the
vehicle shall be returned to the owner after all impoundment fees are
paid. After the expiration of six weeks from the final disposition
of the criminal case, unless the owner is in the process of making
payments to the court, the impounding authority may deal with the
vehicle as lost or abandoned property under Section 1411 of the Penal
Code.
(d) At any time, a person may make a motion in superior court for
the immediate return of the vehicle on the ground that there was no
probable cause to seize it or that there is some other good cause, as
determined by the court, for the return of the vehicle. A proceeding
under this section is a limited civil case.
5460.14. When a person is convicted of the offense of operating a
taxicab without a valid taxicab carrier permit, in
addition to any other penalties provided by law, if the court
determines the person has the ability to pay, the court shall impose
a mandatory fine not exceeding two thousand five hundred dollars
($2,500) for a first conviction or five thousand dollars ($5,000) for
a subsequent conviction.
5460.16. Whenever the commission, after hearing, finds that any
entity is operating as a taxicab carrier without a valid permit in
violation of this chapter, the commission may impose a fine of not
more than five thousand dollars ($5,000) for each violation. The
commission may assess the entity an amount sufficient to cover the
reasonable expense of investigation incurred by the commission. The
commission may assess interest on any fine or assessment imposed, to
commence on the day the payment of the fine or assessment becomes
delinquent. All fines, assessments, and interest collected shall be
deposited at least once each month in the General Fund.
SEC. 14. Section 120269 of the Public Utilities Code is amended to
read:
120269. (a) If the board licenses or regulates any transportation
service, pursuant to Section 120266, or any passenger jitney
service, pursuant to Section 120267, and the licensed or regulated
service employs, or contracts with, any driver who (1) is not
required to be tested for controlled substances and alcohol pursuant
to Part 382 (commencing with Section 382.101) of Title 49 of the Code
of Federal Regulations, Section 1032.1 or 5457.22 of this code, or
Section 34520 of the Vehicle Code, and (2) is not exempted under
Section 34520 of the Vehicle Code, the board shall adopt, by
ordinance or resolution, a mandatory controlled substance and alcohol
testing certification program for those drivers.
(b) The program adopted pursuant to subdivision (a) shall meet
substantially the requirements set forth in paragraph (3) of
subdivision (b) of Section 53075.5 of the Government Code, as that
paragraph read on December 31, 2016.
(c) Evidence derived from a positive test result collected
pursuant to the program adopted under subdivision (a) shall not be
admissible in a criminal prosecution concerning unlawful possession,
sale, or distribution of controlled substances.
SEC. 15. Section 1808.1 of the Vehicle Code is amended to read:
1808.1. (a) The prospective employer of a driver who drives a
vehicle specified in subdivision (k) shall obtain a report showing
the driver's current public record as recorded by the department. For
purposes of this subdivision, a report is current if it was issued
less than 30 days prior to the date the employer employs the driver.
The report shall be reviewed, signed, and dated by the employer and
maintained at the employer's place of business until receipt of the
pull-notice system report pursuant to subdivisions (b) and (c). These
reports shall be presented upon request to an authorized
representative of the Department of the California Highway Patrol
during regular business hours.
(b) The employer of a driver who drives a vehicle specified in
subdivision (k) shall participate in a pull-notice system, which is a
process for the purpose of providing the employer with a report
showing the driver's current public record as recorded by the
department, and any subsequent convictions, failures to appear,
accidents, driver's license suspensions, driver's license
revocations, or any other actions taken against the driving privilege
or certificate, added to the driver's record while the employer's
notification request remains valid and uncanceled. As used in this
section, participation in the pull-notice system means obtaining a
requester code and enrolling all employed drivers who drive a vehicle
specified in subdivision (k) under that requester code.
(c) The employer of a driver of a vehicle specified in subdivision
(k) shall, additionally, obtain a periodic report from the
department at least every 12 months. The employer shall verify that
each employee's driver's license has not been suspended or revoked,
the employee's traffic violation point count, and whether the
employee has been convicted of a violation of Section 23152 or 23153.
The report shall be signed and dated by the employer and maintained
at the employer's principal place of business. The report shall be
presented upon demand to an authorized representative of the
Department of the California Highway Patrol during regular business
hours.
(d) Upon the termination of a driver's employment, the employer
shall notify the department to discontinue the driver's enrollment in
the pull-notice system.
(e) For the purposes of the pull-notice system and periodic report
process required by subdivisions (b) and (c), an owner, other than
an owner-operator as defined in Section 34624, and an employer who
drives a vehicle described in subdivision (k) shall be enrolled as if
he or she were an employee. A family member and a volunteer driver
who drives a vehicle described in subdivision (k) shall also be
enrolled as if he or she were an employee.
(f) An employer who, after receiving a driving record pursuant to
this section, employs or continues to employ as a driver a person
against whom a disqualifying action has been taken regarding his or
her driving privilege or required driver's certificate, is guilty of
a public offense, and upon conviction thereof, shall be punished by
confinement in a county jail for not more than six months, by a fine
of not more than one thousand dollars ($1,000), or by both that
confinement and fine.
(g) As part of its inspection of bus maintenance facilities and
terminals required at least once every 13 months pursuant to
subdivision (c) of Section 34501, the Department of the California
Highway Patrol shall determine whether each transit operator, as
defined in Section 99210 of the Public Utilities Code, is then in
compliance with this section and Section 12804.6, and shall certify
each operator found to be in compliance. Funds shall not be allocated
pursuant to Chapter 4 (commencing with Section 99200) of Part 11 of
Division 10 of the Public Utilities Code to a transit operator that
the Department of the California Highway Patrol has not certified
pursuant to this section.
(h) (1) A request to participate in the pull-notice system
established by this section shall be accompanied by a fee determined
by the department to be sufficient to defray the entire actual cost
to the department for the notification service. For the receipt of
subsequent reports, the employer shall also be charged a fee
established by the department pursuant to Section 1811. An employer
who qualifies pursuant to Section 1812 shall be exempt from any fee
required pursuant to this section. Failure to pay the fee shall
result in automatic cancellation of the employer's participation in
the notification services.
(2) A regularly organized fire department, having official
recognition of the city, county, city and county, or district in
which the department is located, shall participate in the pull-notice
program and shall not be subject to the fee established pursuant to
this subdivision.
(3) The Board of Pilot Commissioners for Monterey Bay and the
Bays of San Francisco, San Pablo, and Suisun, and its port agent
shall participate in the pull-notice system established by this
section, subject to Section 1178.5 of the Harbors and Navigation
Code, and shall not be subject to the fees established pursuant to
this subdivision.
(i) The department, as soon as feasible, may establish an
automatic procedure to provide the periodic reports to an employer by
mail or via an electronic delivery method, as required by
subdivision (c), on a regular basis without the need for individual
requests.
(j) (1) The employer of a driver who is employed as a casual
driver is not required to enter that driver's name in the pull-notice
system, as otherwise required by subdivision (a). However, the
employer of a casual driver shall be in possession of a report of the
driver's current public record as recorded by the department, prior
to allowing a casual driver to drive a vehicle specified in
subdivision (k). A report is current if it was issued less than six
months prior to the date the employer employs the driver.
(2) For the purposes of this subdivision, a driver is employed as
a casual driver when the employer has employed the driver less than
30 days during the preceding six months. "Casual driver" does not
include a driver who operates a vehicle that requires a passenger
transportation endorsement.
(k) This section applies to a vehicle for the operation of which
the driver is required to have a class A or class B driver's license,
a class C license with any endorsement issued pursuant to Section
15278, a class C license issued pursuant to Section 12814.7, or a
certificate issued pursuant to Section 12517, 12519, 12520, 12523,
12523.5, or 12527, a passenger vehicle having a seating capacity of
not more than 10 persons, including the driver, operated for
compensation by a charter-party carrier of passengers or passenger
stage corporation pursuant to a certificate of public convenience and
necessity or a permit issued by the Public Utilities Commission, or
a taxicab as defined in subdivision (b) of Section 27908.
( l ) This section shall not be construed to change the
definition of "employer," "employee," or "independent contractor"
for any purpose.
(m) A motor carrier who contracts with a person to drive a vehicle
described in subdivision (k) that is owned by, or leased to, that
motor carrier, shall be subject to subdivisions (a), (b), (c), (d),
(f), (j), (k), and ( l ) and the employer obligations in
those subdivisions.
SEC. 16. Section 12523.6 of the Vehicle Code is amended to read:
12523.6. (a) (1) On and after March 1, 1998, no person who is
employed primarily as a driver of a motor vehicle that is used for
the transportation of persons with developmental disabilities, as
defined in subdivision (a) of Section 4512 of the Welfare and
Institutions Code, shall operate that motor vehicle unless that
person has in his or her possession a valid driver's license of the
appropriate class and a valid special driver certificate issued by
the department.
(2) This subdivision only applies to a person who is employed by a
business, a nonprofit organization, or a state or local public
agency.
(b) The special driver certificate shall be issued only to an
applicant who has cleared a criminal history background check by the
Department of Justice and, if applicable, by the Federal Bureau of
Investigation.
(1) In order to determine the applicant's suitability as the
driver of a vehicle used for the transportation of persons with
developmental disabilities, the Department of the California Highway
Patrol shall require the applicant to furnish to that department, on
a form provided or approved by that department for submission to the
Department of Justice, a full set of fingerprints sufficient to
enable a criminal background investigation.
(2) Except as provided in paragraph (3), an applicant shall
furnish to the Department of the California Highway Patrol evidence
of having resided in this state for seven consecutive years
immediately prior to the date of application for the certificate.
(3) If an applicant is unable to furnish the evidence required
under paragraph (2), the Department of the California Highway Patrol
shall require the applicant to furnish an additional full set of
fingerprints. That department shall submit those fingerprint cards to
the Department of Justice. The Department of Justice shall, in turn,
submit the additional full set of fingerprints required under this
paragraph to the Federal Bureau of Investigation for a national
criminal history record check.
(4) Applicant fingerprint forms shall be processed and returned to
the area office of the Department of the California Highway Patrol
from which they originated not later than 15 working days from the
date on which the fingerprint forms were received by the Department
of Justice, unless circumstances, other than the administrative
duties of the Department of Justice, warrant further investigation.
Upon implementation of an electronic fingerprinting system with
terminals located statewide and managed by the Department of Justice,
the Department of Justice shall ascertain the information required
pursuant to this subdivision within three working days.
(5) The applicant shall pay, in addition to the fees authorized in
Section 2427, a fee of twenty-five dollars ($25) for an original
certificate and twelve dollars ($12) for the renewal of that
certificate to the Department of the California Highway Patrol.
(c) A certificate issued under this section shall not be deemed a
certification to operate a particular vehicle that otherwise requires
a driver's license or endorsement for a particular class under this
code.
(d) On or after March 1, 1998, no person who operates a business
or a nonprofit organization or agency shall employ a person who is
employed primarily as a driver of a motor vehicle for hire that is
used for the transportation of persons with developmental
disabilities unless the employed person operates the motor vehicle in
compliance with subdivision (a).
(e) Nothing in this section precludes an employer of persons who
are occasionally used as drivers of motor vehicles for the
transportation of persons with developmental disabilities from
requiring those persons, as a condition of employment, to obtain a
special driver certificate pursuant to this section or precludes any
volunteer driver from applying for a special driver certificate.
(f) As used in this section, a person is employed primarily as a
driver if that person performs at least 50 percent of his or her time
worked including, but not limited to, time spent assisting persons
onto and out of the vehicle, or at least 20 hours a week, whichever
is less, as a compensated driver of a motor vehicle for hire for the
transportation of persons with developmental disabilities.
(g) This section does not apply to any person who has successfully
completed a background investigation prescribed by law, including,
but not limited to, health care transport vehicle operators, or to
the operator of a taxicab regulated pursuant to Chapter 8.5
(commencing with Section 5451) of Division 2 of the Public Utilities
Code. This section does not apply to a person who holds a valid
certificate, other than a farm labor vehicle driver certificate,
issued under Section 12517.4 or 12527. This section does not apply to
a driver who provides transportation on a noncommercial basis to
persons with developmental disabilities.
SEC. 17. Section 16500 of the Vehicle Code is
amended to read:
16500. Every owner of a vehicle used in the transportation of
passengers for hire, when the operation of the vehicle is not subject
to regulation by the Public Utilities Commission, shall maintain,
whenever he or she may be engaged in conducting those operations,
proof of financial responsibility resulting from the ownership or
operation of the vehicle and arising by reason of personal injury to,
or death of, any one person, of at least fifteen thousand dollars
($15,000), and, subject to the limit of fifteen thousand dollars
($15,000) for each person injured or killed, of at least thirty
thousand dollars ($30,000) for the injury to, or the death of, two or
more persons in any one accident, and for damages to property of at
least five thousand dollars ($5,000) resulting from any one accident.
Proof of financial responsibility may be maintained by either:
(a) Being insured under a motor vehicle liability policy against
that liability.
(b) Obtaining a bond of the same kind, and containing the same
provisions, as those bonds specified in Section 16434.
(c) By depositing with the department thirty-five thousand dollars
($35,000), which amount shall be deposited in a special deposit
account with the Controller for the purpose of this section.
(d) Qualifying as a self-insurer under Section 16053.
The department shall return the deposit to the person entitled
thereto when he or she is no longer required to maintain proof of
financial responsibility as required by this section or upon his or
her death.
A taxicab carrier regulated by the City and County of San
Francisco or its airport authority shall comply with the insurance
requirements of Section 5455 of the Public Utilities Code.
SEC. 18. SEC. 17. Section 21100 of
the Vehicle Code is amended to read:
21100. Local authorities may adopt rules and regulations by
ordinance or resolution regarding all of the following matters:
(a) Regulating or prohibiting processions or assemblages on the
highways.
(b) Regulating traffic by means of traffic officers.
(c) Regulating traffic by means of official traffic control
devices meeting the requirements of Section 21400.
(d) (1) Regulating traffic by means of a person given temporary or
permanent appointment for that duty by the local authority when
official traffic control devices are disabled or otherwise
inoperable, at the scenes of accidents or disasters, or at locations
as may require traffic direction for orderly traffic flow.
(2) A person shall not be appointed pursuant to this subdivision
unless and until the local authority has submitted to the
commissioner or to the chief law enforcement officer exercising
jurisdiction in the enforcement of traffic laws within the area in
which the person is to perform the duty, for review, a proposed
program of instruction for the training of a person for that duty,
and unless and until the commissioner or other chief law enforcement
officer approves the proposed program. The commissioner or other
chief law enforcement officer shall approve a proposed program if he
or she reasonably determines that the program will provide sufficient
training for persons assigned to perform the duty described in this
subdivision.
(e) Regulating traffic at the site of road or street construction
or maintenance by persons authorized for that duty by the local
authority.
(f) (1) Licensing and regulating the operation of tow truck
service or tow truck drivers whose principal place of business or
employment is within the jurisdiction of the local authority,
excepting the operation and operators of any auto dismantlers' tow
vehicle licensed under Section 11505 or any tow truck operated by a
repossessing agency licensed under Chapter 11 (commencing with
Section 7500) of Division 3 of the Business and Professions Code and
its registered employees.
(2) The Legislature finds that the safety and welfare of the
general public is promoted by permitting local authorities to
regulate tow truck service companies and operators by requiring
licensure, insurance, and proper training in the safe operation of
towing equipment, thereby ensuring against towing mistakes that may
lead to violent confrontation, stranding motorists in dangerous
situations, impeding the expedited vehicle recovery, and wasting
state and local law enforcement's limited resources.
(3) This subdivision does not limit the authority of a city or
city and county pursuant to Section 12111.
(g) Operation of bicycles, and, as specified in Section 21114.5,
electric carts by physically disabled persons, or persons 50 years of
age or older, on public sidewalks.
(h) Providing for the appointment of nonstudent school crossing
guards for the protection of persons who are crossing a street or
highway in the vicinity of a school or while returning thereafter to
a place of safety.
(i) Regulating the methods of deposit of garbage and refuse in
streets and highways for collection by the local authority or by any
person authorized by the local authority.
(j) (1) Regulating cruising.
(2) The ordinance or resolution adopted pursuant to this
subdivision shall regulate cruising, which is the repetitive driving
of a motor vehicle past a traffic control point in traffic that is
congested at or near the traffic control point, as determined by the
ranking peace officer on duty within the affected area, within a
specified time period and after the vehicle operator has been given
an adequate written notice that further driving past the control
point will be a violation of the ordinance or resolution.
(3) A person is not in violation of an ordinance or resolution
adopted pursuant to this subdivision unless both of the following
apply:
(A) That person has been given the written notice on a previous
driving trip past the control point and then again passes the control
point in that same time interval.
(B) The beginning and end of the portion of the street subject to
cruising controls are clearly identified by signs that briefly and
clearly state the appropriate provisions of this subdivision and the
local ordinance or resolution on cruising.
(k) Regulating or authorizing the removal by peace officers of
vehicles unlawfully parked in a fire lane, as described in Section
22500.1, on private property. A removal pursuant to this subdivision
shall be consistent, to the extent possible, with the procedures for
removal and storage set forth in Chapter 10 (commencing with Section
22650).
( l ) Regulating mobile billboard advertising
displays, as defined in Section 395.5, including the establishment of
penalties, which may include, but are not limited to, removal of the
mobile billboard advertising display, civil penalties, and
misdemeanor criminal penalties, for a violation of the ordinance or
resolution. The ordinance or resolution may establish a minimum
distance that a mobile billboard advertising display shall be moved
after a specified time period.
(m) Licensing and regulating the operation of pedicabs for hire,
as defined in Section 467.5, and operators of pedicabs for hire,
including requiring one or more of the following documents:
(1) A valid California driver's license.
(2) Proof of successful completion of a bicycle safety training
course certified by the League of American Bicyclists or an
equivalent organization as determined by the local authority.
(3) A valid California identification card and proof of successful
completion of the written portion of the California driver's license
examination administered by the department. The department shall
administer, without charging a fee, the original driver's license
written examination on traffic laws and signs to a person who states
that he or she is, or intends to become, a pedicab operator, and who
holds a valid California identification card or has successfully
completed an application for a California identification card. If the
person achieves a passing score on the examination, the department
shall issue a certificate of successful completion of the
examination, bearing the person's name and identification card
number. The certificate shall not serve in lieu of successful
completion of the required examination administered as part of any
subsequent application for a driver's license. The department is not
required to enter the results of the examination into the
computerized record of the person's identification card or otherwise
retain a record of the examination or results.
(n) (1) This section does not authorize a local authority to enact
or enforce an ordinance or resolution that establishes a violation
if a violation for the same or similar conduct is provided in this
code, nor does it authorize a local authority to enact or enforce an
ordinance or resolution that assesses a fine, penalty, assessment, or
fee for a violation if a fine, penalty, assessment, or fee for a
violation involving the same or similar conduct is provided in this
code.
(2) This section does not preclude a local authority from enacting
parking ordinances pursuant to existing authority in Chapter 9
(commencing with Section 22500) of Division 11.
(o) (1) Regulating advertising signs on motor vehicles parked or
left standing upon a public street. The ordinance or resolution may
establish a minimum distance that the advertising sign shall be moved
after a specified time period.
(2) Paragraph (1) does not apply to any of the following:
(A) Advertising signs that are permanently affixed to the body of,
an integral part of, or a fixture of a motor vehicle for permanent
decoration, identification, or display and that do not extend beyond
the overall length, width, or height of the vehicle.
(B) If the license plate frame is installed in compliance with
Section 5201, paper advertisements issued by a dealer contained
within that license plate frame or any advertisements on that license
plate frame.
(3) As used in paragraph (2), "permanently affixed" means any of
the following:
(A) Painted directly on the body of a motor vehicle.
(B) Applied as a decal on the body of a motor vehicle.
(C) Placed in a location on the body of a motor vehicle that was
specifically designed by a vehicle manufacturer as defined in Section
672 and licensed pursuant to Section 11701, in compliance with both
state and federal law or guidelines, for the express purpose of
containing an advertising sign.
SEC. 19. SEC. 18. Section 21100.4 of
the Vehicle Code is amended to read:
21100.4. (a) (1) A magistrate presented with the affidavit of a
peace officer establishing reasonable cause to believe that a
vehicle, described by vehicle type and license number, is being
operated as a taxicab or other passenger vehicle for hire in
violation of Chapter 8.5 (commencing with Section 5451) of Division 2
of the Public Utilities Code or in violation of an ordinance of the
City and County of San Francisco or its airport authority shall issue
a warrant or order authorizing the peace officer to immediately
seize and cause the removal of the vehicle.
(2) The warrant or court order may be entered into a computerized
database.
(3) A vehicle so impounded may be impounded for a period not to
exceed 30 days.
(4) The impounding agency, within two working days of impoundment,
shall send a notice by certified mail, return receipt requested, to
the legal owner of the vehicle, at an address obtained from the
department, informing the owner that the vehicle has been impounded
and providing the owner with a copy of the warrant or court order.
Failure to notify the legal owner within two working days shall
prohibit the impounding agency from charging for more than 15 days'
impoundment when a legal owner redeems the impounded vehicle. The law
enforcement agency shall be open to issue a release to the
registered owner or legal owner, or the agent of either, whenever the
agency is open to serve the public for regular, nonemergency
business.
(b) (1) An impounding agency shall release a vehicle to the
registered owner or his or her agent prior to the end of the
impoundment period and without the permission of the magistrate
authorizing the vehicle's seizure under any of the following
circumstances:
(A) When the vehicle is a stolen vehicle.
(B) When the vehicle was seized under this section for an offense
that does not authorize the seizure of the vehicle.
(C) When the vehicle is a rental car.
(2) A vehicle may not be released under this subdivision, except
upon presentation of the registered owner's or agent's currently
valid permit to operate the vehicle under the requirements of Chapter
8.5 (commencing with Section 5451) of Division 2 of the Public
Utilities Code or an ordinance of the City and County of San
Francisco or its airport authority, and proof of current vehicle
registration, or upon order of the court.
(c) (1) Whenever a vehicle is impounded under this section, the
magistrate ordering the storage shall provide the vehicle's
registered and legal owners of record, or their agents, with the
opportunity for a poststorage hearing to determine the validity of
the storage.
(2) A notice of the storage shall be mailed or personally
delivered to the registered and legal owners within 48 hours after
issuance of the warrant or court order, excluding weekends and
holidays, by the person or agency executing the warrant or court
order, and shall include all of the following information:
(A) The name, address, and telephone number of the agency
providing the notice.
(B) The location of the place of storage and a description of the
vehicle, which shall include, if available, the name or make, the
manufacturer, the license plate number, and the mileage of the
vehicle.
(C) A copy of the warrant or court order and the peace officer's
affidavit, as described in subdivision (a).
(D) A statement that, in order to receive their poststorage
hearing, the owners, or their agents, are required to request the
hearing from the magistrate issuing the warrant or court order in
person, in writing, or by telephone, within 10 days of the date of
the notice.
(3) The poststorage hearing shall be conducted within two court
days after receipt of the request for the hearing.
(4) At the hearing, the magistrate may order the vehicle released
if he or she finds any of the circumstances described in subdivision
(b) or (e) that allow release of a vehicle by the impounding agency.
(5) Failure of either the registered or legal owner, or his or her
agent, to request, or to attend, a scheduled hearing satisfies the
poststorage hearing requirement.
(6) The agency employing the peace officer who caused the
magistrate to issue the warrant or court order shall be responsible
for the costs incurred for towing and storage if it is determined in
the poststorage hearing that reasonable grounds for the storage are
not established.
(d) The registered owner or his or her agent is responsible for
all towing and storage charges related to the impoundment, and any
administrative charges authorized under Section 22850.5.
(e) A vehicle removed and seized under subdivision (a) shall be
released to the legal owner of the vehicle or the legal owner's agent
prior to the end of the impoundment period and without the
permission of the magistrate authorizing the seizure of the vehicle
if all of the following conditions are met:
(1) The legal owner is a motor vehicle dealer, bank, credit union,
acceptance corporation, or other licensed financial institution
legally operating in this state or is another person, not the
registered owner, holding a security interest in the vehicle.
(2) (A) The legal owner or the legal owner's agent pays all towing
and storage fees related to the seizure of the vehicle. A lien sale
processing fee shall not be charged to the legal owner who redeems
the vehicle prior to the 15th day of impoundment. Neither the
impounding authority nor any person having possession of the vehicle
shall collect from the legal owner of the type specified in paragraph
(1), or the legal owner's agent, any administrative charges imposed
pursuant to Section 22850.5 unless the legal owner voluntarily
requested a poststorage hearing.
(B) A person operating or in charge of a storage facility where
vehicles are stored pursuant to this section shall accept a valid
bank credit card or cash for payment of towing, storage, and related
fees by a legal or registered owner or the owner's agent claiming the
vehicle. A credit card shall be in the name of the person presenting
the card. "Credit card" means "credit card" as defined in
subdivision (a) of Section 1747.02 of the Civil Code, except, for the
purposes of this section, credit card does not include a credit card
issued by a retail seller.
(C) A person operating or in charge of a storage facility
described in subparagraph (B) who violates subparagraph (B) shall be
civilly liable to the owner of the vehicle or to the person who
tendered the fees for four times the amount of the towing, storage,
and related fees, but not to exceed five hundred dollars ($500).
(D) A person operating or in charge of a storage facility
described in subparagraph (B) shall have sufficient funds on the
premises of the primary storage facility during normal business hours
to accommodate, and make change in, a reasonable monetary
transaction.
(E) Credit charges for towing and storage services shall comply
with Section 1748.1 of the Civil Code. Law enforcement agencies may
include the costs of providing for payment by credit when making
agreements with towing companies on rates.
(3) (A) The legal owner or the legal owner's agent presents to the
law enforcement agency or impounding agency, or any person acting on
behalf of those agencies, a copy of the assignment, as defined in
subdivision (b) of Section 7500.1 of the Business and Professions
Code; a release from the one responsible governmental agency, only if
required by the agency; a government-issued photographic
identification card; and any one of the following as determined by
the legal owner or the legal owner's agent: a certificate of
repossession for the vehicle, a security agreement for the vehicle,
or title, whether paper or electronic, showing proof of legal
ownership for the vehicle. The law enforcement agency, impounding
agency, or any other governmental agency, or any person acting on
behalf of those agencies, shall not require the presentation of any
other documents.
(B) The legal owner or the legal owner's agent presents to the
person in possession of the vehicle, or any person acting on behalf
of the person in possession, a copy of the assignment, as defined in
subdivision (b) of Section 7500.1 of the Business and Professions
Code; a release from the one responsible governmental agency, only if
required by the agency; a government-
issued photographic identification card; and any one of
the following as determined by the legal owner or the legal owner's
agent: a certificate of repossession for the vehicle, a security
agreement for the vehicle, or title, whether paper or electronic,
showing proof of legal ownership for the vehicle. The person in
possession of the vehicle, or any person acting on behalf of the
person in possession, shall not require the presentation of any other
documents.
(C) All presented documents may be originals, photocopies, or
facsimile copies, or may be transmitted electronically. The law
enforcement agency, impounding agency, or any person in possession of
the vehicle, or anyone acting on behalf of them, shall not require
any documents to be notarized. The law enforcement agency, impounding
agency, or any person acting on behalf of those agencies, may
require the agent of the legal owner to produce a photocopy or
facsimile copy of its repossession agency license or registration
issued pursuant to Chapter 11 (commencing with Section 7500) of
Division 3 of the Business and Professions Code, or to demonstrate,
to the satisfaction of the law enforcement agency, impounding agency,
or any person in possession of the vehicle, or anyone acting on
behalf of them, that the agent is exempt from licensure pursuant to
Section 7500.2 or 7500.3 of the Business and Professions Code.
(D) An administrative cost authorized under subdivision (a) of
Section 22850.5 shall not be charged to the legal owner of the type
specified in paragraph (1) who redeems the vehicle unless the legal
owner voluntarily requests a poststorage hearing. A city, county,
city and county, or state agency shall not require a legal owner or a
legal owner's agent to request a poststorage hearing as a
requirement for release of the vehicle to the legal owner or the
legal owner's agent. The law enforcement agency, impounding agency,
or any other governmental agency, or any person acting on behalf of
those agencies, shall not require any documents other than those
specified in this paragraph. The law enforcement agency, impounding
agency, or other governmental agency, or any person acting on behalf
of those agencies, may not require any documents to be notarized. The
legal owner or the legal owner's agent shall be given a copy of any
documents he or she is required to sign, except for a vehicle
evidentiary hold logbook. The law enforcement agency, impounding
agency, or any person acting on behalf of those agencies, or any
person in possession of the vehicle, may photocopy and retain the
copies of any documents presented by the legal owner or legal owner's
agent.
(4) A failure by a storage facility to comply with any applicable
conditions set forth in this subdivision shall not affect the right
of the legal owner or the legal owner's agent to retrieve the
vehicle, provided all conditions required of the legal owner or legal
owner's agent under this subdivision are satisfied.
(f) (1) A legal owner or the legal owner's agent that obtains
release of the vehicle pursuant to subdivision (e) shall not release
the vehicle to the registered owner of the vehicle or the person who
was listed as the registered owner when the vehicle was impounded or
any agents of the registered owner until the termination of the
impoundment period.
(2) The legal owner or the legal owner's agent shall not
relinquish the vehicle to the registered owner or the person who was
listed as the registered owner when the vehicle was impounded until
the registered owner or that owner's agent presents his or her valid
driver's license or valid temporary driver's license, and an operator'
s permit that is in compliance with the requirements of Chapter 8.5
(commencing with Section 5451) of Division 2 of the Public Utilities
Code or an ordinance of the City and County of San Francisco or its
airport authority, to the legal owner or the legal owner's agent. The
legal owner or the legal owner's agent or the person in possession
of the vehicle shall make every reasonable effort to ensure that the
license and permit presented are valid and possession of the vehicle
will not be given to the driver who was involved in the original
impoundment proceeding until the expiration of the impoundment
period.
(3) Prior to relinquishing the vehicle, the legal owner may
require the registered owner to pay all towing and storage charges
related to the impoundment and the administrative charges authorized
under Section 22850.5 that were incurred by the legal owner in
connection with obtaining the custody of the vehicle.
(4) Any legal owner who knowingly releases or causes the release
of a vehicle to a registered owner or the person in possession of the
vehicle at the time of the impoundment or any agent of the
registered owner in violation of this subdivision shall be guilty of
a misdemeanor and subject to a civil penalty in the amount of two
thousand dollars ($2,000).
(5) The legal owner, registered owner, or person in possession of
the vehicle shall not change or attempt to change the name of the
legal owner or the registered owner on the records of the department
until the vehicle is released from the impoundment.
(g) Notwithstanding any other provision of this section, the
registered owner and not the legal owner shall remain responsible for
any towing and storage charges related to the impoundment and the
administrative charges authorized under Section 22850.5 and any
parking fines, penalties, and administrative fees incurred by the
registered owner.
(h) The law enforcement agency and the impounding agency,
including any storage facility acting on behalf of the law
enforcement agency or impounding agency, shall comply with this
section and shall not be liable to the registered owner for the
improper release of the vehicle to the legal owner or the legal owner'
s agent if the release complies with this section. The legal owner
shall indemnify and hold harmless a storage facility from any claims
arising out of the release of the vehicle to the legal owner or the
legal owner's agent and from any damage to the vehicle after its
release, including the reasonable costs associated with defending any
such claims. A law enforcement agency shall not refuse to issue a
release to a legal owner or the agent of a legal owner on the grounds
that it previously issued a release.
SEC. 20. SEC. 19. Section 27908 of
the Vehicle Code is amended to read:
27908. (a) In every taxicab operated in this state there shall be
a sign of heavy material, not smaller than 6 inches by 4 inches, or
such other size as the Public Utilities Commission, or other
regulating agency pursuant to Section 5451.3 of the Public Utilities
Code, provides for other notices or signs required to be in every
taxicab, securely attached and clearly displayed in view of the
passenger at all times, providing in letters as large as the size of
the sign will reasonably allow, all of the following information:
(1) The name, address, and telephone number of the applicable unit
of the Public Utilities Commission or other regulating agency that
regulates the operation of the taxicab.
(2) The name, address, and telephone number of the taxicab carrier
that has been issued a permit to provide taxicab transportation
services by the Public Utilities Commission or other regulating
agency.
(b) As used in this section, "taxicab" means a passenger motor
vehicle designed for carrying not more than eight persons, excluding
the driver, and used to carry passengers for hire as part of taxicab
transportation services regulated pursuant to Chapter 8.5 (commencing
with Section 5451) of Division 2 of the Public Utilities Code or by
another regulating agency pursuant to Section 5451.3 of the Public
Utilities Code. "Taxicab" shall not include a charter-party carrier
of passengers within the meaning of the Passenger Charter-party
Carriers' Act (Chapter 8 (commencing with Section 5351) of Division 2
of the Public Utilities Code).
SEC. 21. SEC. 20. No reimbursement
is required by this act pursuant to Section 6 of Article XIII B of
the California Constitution for certain costs that may be incurred by
a local agency or school district because, in that regard, 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.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.
