Bill Text: CA AB828 | 2015-2016 | Regular Session | Amended
Bill Title: Vehicles: transportation services.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Failed) 2016-11-30 - From Senate committee without further action. [AB828 Detail]
Download: California-2015-AB828-Amended.html
BILL NUMBER: AB 828 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 30, 2016
AMENDED IN SENATE JULY 14, 2015
AMENDED IN ASSEMBLY APRIL 20, 2015
INTRODUCED BY Assembly Members Low and Chang
(Coauthor: Assembly Member Bonilla)
FEBRUARY 26, 2015
An act to add and repeal Section 315.5 of the Public Utilities
Code, and to amend, repeal, and add Section 260 of the Vehicle Code,
relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 828, as amended, Low. Vehicles: transportation services.
Existing law establishes the Public Utilities Commission and
designates the duties of the commission, including regulating
specified transportation carriers.
This bill would require the commission to conduct an investigation
to consider whether existing statutes and regulations relating to
for-hire passenger transportation services
serve the public interest, encourage innovation, and create a fair
and competitive transportation market between
among companies that provide regulated transportation
services. The bill would require the commission to complete the
investigation and report its conclusions and recommendations to the
Legislature on or before January 1, 2017.
Existing law defines "commercial vehicle," for the purposes of the
Vehicle Code, as a motor vehicle of a type required to be registered
under that code that is used or maintained for the transportation of
persons for hire, compensation, or profit or designed, used, or
maintained primarily for the transportation of property. Existing
law, the Passenger Charter-party Carriers' Act, provides for the
regulation of transportation network companies by the Public
Utilities Commission. Existing law defines a "transportation network
company" to mean an organization, including, but not limited to, a
corporation, limited liability company, partnership, sole proprietor,
or any other entity, operating in California that provides
prearranged transportation services for compensation using an
online-enabled application or platform to connect passengers with
drivers using a personal vehicle.
This bill, until January 1, 2018, would exclude from the
definition of "commercial vehicle," for purposes of the Vehicle Code,
any motor vehicle operated in connection with a transportation
network company, if specified conditions are satisfied.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 315.5 is added to the Public Utilities Code, to
read:
315.5. (a) The Public Utilities Commission shall conduct an
investigation to consider whether existing statutes and regulations
relating to for-hire passenger transportation
services serve the public interest, encourage innovation, and create
a fair and competitive transportation market between
among companies that provide regulated
transportation services, including, but not limited to, taxi
services, transportation network companies, other charter-party
carriers of passengers, and passenger stages. The commission shall
consult with the Department of Motor Vehicles, local governments, and
other entities responsible for the regulation of transportation
services, as the commission deems necessary. The commission shall
complete the investigation and report its conclusions and
recommendations to the Legislature on or before January 1, 2017.
(b) The report required by this section shall be submitted in
compliance with Section 9795 of the Government Code.
(c) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
SEC. 2. Section 260 of the Vehicle Code is amended to read:
260. (a) A "commercial vehicle" is a motor vehicle of a type
required to be registered under this code used or maintained for the
transportation of persons for hire, compensation, or profit or
designed, used, or maintained primarily for the transportation of
property.
(b) Passenger vehicles and house cars that are not used for the
transportation of persons for hire, compensation, or profit are not
commercial vehicles. This subdivision does not apply to Chapter 4
(commencing with Section 6700) of Division 3.
(c) A vanpool vehicle is not a commercial vehicle.
(d) (1) A motor vehicle operated in connection with a
transportation network company, as defined in Section 5431 of the
Public Utilities Code, is not a commercial vehicle if all of the
following conditions are satisfied:
(A) The vehicle is operated for passenger service only and is a
passenger vehicle limited to seven passengers, not including the
driver.
(B) The vehicle is operated exclusively by the person to whom the
vehicle is registered or insured.
(C) The vehicle is not a paratransit vehicle.
(D) The vehicle is not operated for public transit services.
(E) The vehicle is not operated for school bus services.
(2) This subdivision does not change the insurance requirements
established under Section 5433 of the Public Utilities Code for a
transportation network company and any participating driver. This
subdivision does not change the insurance limitations set forth in
Section 5434 of the Public Utilities Code.
(e) The definition of a commercial vehicle in this section does
not apply to Chapter 7 (commencing with Section 15200) of Division 6.
(f) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
SEC. 3. Section 260 is added to the Vehicle Code, to read:
260. (a) A "commercial vehicle" is a motor vehicle of a type
required to be registered under this code used or maintained for the
transportation of persons for hire, compensation, or profit or
designed, used, or maintained primarily for the transportation of
property.
(b) Passenger vehicles and house cars that are not used for the
transportation of persons for hire, compensation, or profit are not
commercial vehicles. This subdivision shall not apply to Chapter 4
(commencing with Section 6700) of Division 3.
(c) Any vanpool vehicle is not a commercial vehicle.
(d) The definition of a commercial vehicle in this section does
not apply to Chapter 7 (commencing with Section 15200) of Division 6.
(e) This section shall become operative on January 1, 2018.
