Bill Text: CA SB541 | 2015-2016 | Regular Session | Amended

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

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Bill Title: Public Utilities Commission: for-hire transportation carriers: enforcement.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-10-09 - Chaptered by Secretary of State. Chapter 718, Statutes of 2015. [SB541 Detail]

Download: California-2015-SB541-Amended.html

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BILL NUMBER: SB 541	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 5, 2015
	AMENDED IN SENATE  APRIL 6, 2015

INTRODUCED BY   Senator Hill

                        FEBRUARY 26, 2015

   An act to amend Sections 5317.5, 5387, and 5411.5 of, and to add
Sections 309.8, 1046, and 5417.5 to, the Public Utilities Code, and
to amend Section 14602.9 of the Vehicle Code, relating to
transportation.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 541, as amended, Hill. Public Utilities Commission: for-hire
transportation carriers: enforcement.
   (1) The California Constitution establishes the Public Utilities
Commission, with jurisdiction over the transportation of passengers
and property by transportation companies, to the extent not preempted
by federal law.
   This bill would require the commission, in consultation with the
Department of Human Resources, to develop a comprehensive human
resources plan for the Transportation Enforcement Branch of the
Safety and Enforcement Division. The bill would require the
commission to implement a program to monitor the performance of the
Transportation Enforcement Branch and to develop a comprehensive
strategy to detect, deter, and take enforcement actions against
charter-party carriers of passengers, passenger stage corporations,
and household goods carriers that are operating illegally. The bill
would also require the commission to develop and implement a plan to
improve technology capabilities to enhance customer service at the
Transportation Enforcement Branch and develop a budget plan for the
Transportation Enforcement Branch. The bill would require the
commission to report to the Legislature by  January 
 February  1, 2017, and by each  January 
 February  1 thereafter on the commission's implementation
of these requirements.
   (2) A passenger stage corporation, as defined, which operates
between fixed termini or over a regular route, is a common carrier
subject to regulation by the commission pursuant to the Public
Utilities Act. The Public Utilities Act, with certain exceptions,
requires that a passenger stage corporation obtain a certificate of
public convenience and necessity from the commission to operate on
any public highway in the state and requires it to display an
identifying symbol issued by the commission. The Public Utilities Act
makes any public utility that violates the Public Utilities Act, or
that fails to comply with any part of any order, decision, rule,
direction, demand, or requirement of the commission guilty of a crime
and makes it a misdemeanor for a person or corporation to hold out
to the public that the person or corporation is in operation as a
passenger stage corporation without having a valid certificate issued
by the commission. The Public Utilities Act authorizes the
commission to impose various fines and penalties for any violation of
the act or an order, decision, rule, direction, demand, or
requirement of the commission. The Public Utilities Act provides that
the Department of the California Highway Patrol (CHP) has the
primary responsibility for regulating the safety of operation of
passenger stage corporations and requires the commission to cooperate
with the CHP to ensure safe operation of these carriers.
   A charter-party carrier of passengers, as defined, is subject to
the jurisdiction and control of the commission under the Passenger
Charter-party Carriers' Act. The Passenger Charter-party Carriers'
Act requires a charter-party carrier of passengers to (A) obtain a
certificate of public convenience and necessity or a permit issued by
the commission, (B) operate within the state on a prearranged basis,
as defined, (C) comply with specified vehicle identification
requirements, and (D) comply with accident liability protection
requirements. The Passenger Charter-party Carriers' Act additionally
prohibits a charter-party carrier of passengers from advertising its
services, or in any manner representing its services, as being a
taxicab or taxi service. The Passenger Charter-party Carriers' Act
makes violation of these requirements a crime. The Passenger
Charter-party Carriers' Act authorizes the commission to impose fines
and penalties for violations of the act.
   This bill would authorize peace officers, defined to include
sheriffs, police officers, CHP officers, and airport law enforcement
officers, to enforce and assist in the enforcement of criminal
violations of the Public Utilities Act, with respect to passenger
stage corporations, and the Passenger Charter-party Carriers' Act,
with respect to charter-party carriers of passengers. The bill would
require the commission to coordinate enforcement of those acts with
those peace officers through educational outreach and establishing
lines of communications that ensure that the commission is notified
if an action is commenced so that the commission may take appropriate
action to enforce the fine and penalty provisions of the acts. The
bill would require the commission to ensure that the Passenger
Charter-party Carriers' Act is enforced and obeyed and that
violations are promptly prosecuted and that penalty moneys due to the
state are recovered and collected. The bill would authorize the
Attorney General, a district attorney, or a city attorney to
institute and prosecute actions or proceedings for the violation of
the Passenger Charter-party Carriers' Act.
   (3) The Passenger Charter-party Carriers' Act authorizes a CHP
officer to impound a bus of a charter-party carrier of passengers for
30 days if the officer determines that (A) the driver was operating
the bus when the carrier did not have a permit or certificate issued
by the commission or the carrier's permit or certificate was
suspended, or (B) the driver was operating the bus without having a
current and valid driver's license of the proper class, a passenger
vehicle endorsement, or the required certificate. A provision of the
Vehicle Code also authorizes a CHP officer to impound a bus of a
charter-party carrier of passengers for 30 days if the officer makes
any of the determinations described above.
   This bill would authorize a peace officer, defined to include
sheriffs, police officers, and airport law enforcement officers, in
addition to CHP officers, to impound any vehicle of a charter-party
carrier of passengers for 30 days in those circumstances. The bill
would revise the Vehicle Code to authorize a peace officer,
identically defined, to impound any vehicle of a charter-party
carrier of passengers for 30 days in those circumstances and
authorize a peace officer to impound a vehicle belonging to a
passenger stage corporation for 30 days if the officer determines (A)
the driver was operating the vehicle when the passenger stage
corporation did not have a required certificate of public convenience
and necessity issued by the commission, (B) the driver was operating
the vehicle when the operating rights or certificate of public
convenience and necessity of a passenger stage corporation was
suspended, canceled, or revoked, or (C) the driver was operating the
vehicle without having a current and valid driver's license of the
proper class.
   The Passenger Charter-party Carriers' Act additionally authorizes
certain peace officers, when making an arrest for operating a
charter-party carrier of passengers without a valid certificate or
permit or when making an arrest for operating a charter-party carrier
of passengers as a taxicab in violation of an ordinance or
resolution of a city, county, or city and county, to impound and
retain possession of the vehicle.
   This bill would limit the authority to impound a vehicle pursuant
to this provision to a sheriff, police officer, CHP officer, or
airport law enforcement officer.
   (4) A household goods carrier, as defined, which transports
household goods and personal effects over any public highway in the
state for compensation, is subject to regulation by the commission
pursuant to the Household Goods Carriers Act. The Household Goods
Carriers Act requires that a household goods carrier obtain a permit
from the commission to transport household goods entirely within the
state and obtain a valid operating authority issued by the Federal
Motor Carrier Safety Administration to transport household goods and
personal effects from this state to another or from another state to
this state. The Household Goods Carriers Act additionally requires a
household goods carrier to comply with specified vehicle
identification requirements and comply with accident liability
protection requirements. The Household Goods Carriers Act makes a
violation of the requirements of the act a misdemeanor, authorizes
the commission to impose fines and penalties for violations of the
act, and requires the commission to ensure that the act is enforced
and obeyed, that violations are promptly prosecuted and that penalty
moneys due to the state are recovered and collected.
   This bill would authorize peace officers, defined to include
sheriffs, police officers, and CHP officers, to enforce and assist in
the enforcement of criminal violations of the Household Goods
Carriers Act. The bill would require the commission to coordinate
enforcement of the Household Goods Carriers Act with those peace
officers through educational outreach and establishing lines of
communications that ensure that the commission is notified if an
action is commenced so that the commission may take appropriate
action to enforce the fine and penalty provisions of the Household
Goods Carriers Act.
   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.  (a) The Transportation Enforcement Branch of the Safety
and Enforcement Division of the state's Public Utilities Commission
has regulatory oversight of various for-hire transportation carriers,
including limousines, airport shuttles, charter buses, and moving
companies. The Transportation Enforcement Branch administers
licensing, enforces state law, and manages consumer complaints to
ensure the reliable and safe transport of passengers and goods within
the state.
   (b) The California State Auditor's Report 2013-130 concluded that
the Transportation Enforcement Branch does not adequately ensure that
passenger carriers operate safely. Among the numerous problems cited
by the California State Auditor are that the branch does not have
formal policies for dealing with complaints against carriers, it does
not resolve complaints in a timely manner, it does not have adequate
investigatory techniques, and it fails to properly account for fees
paid by carriers. In addition, the California State Auditor concluded
that without major improvements to its management processes, the
branch has little ability to resolve its deficiencies.
   (c) While the commission is undertaking an internal process to
implement the California State Auditor's recommendations, it is in
the public interest for the Legislature to further ensure that the
Transportation Enforcement Branch improves its performance to ensure
passenger safety.
  SEC. 2.  Section 309.8 is added to the Public Utilities Code, to
read:
   309.8.  (a) The commission, in consultation with the Department of
Human Resources, shall develop a comprehensive human resources plan
for the Transportation Enforcement Branch of the Safety and
Enforcement Division, which focuses on staff development, management
practices, and leadership. The plan shall include policies to
properly and adequately train new employees, provide proper and
adequate continuous training, and retain staff and reduce high rates
of staff turnover.
   (b) The commission shall implement a program to monitor the
performance of the Transportation Enforcement Branch of the Safety
and Enforcement Division to ensure that applications for permits and
certificates are processed in a timely manner, ensure investigations
are completed properly and in a timely manner, and ensure that the
branch is taking appropriate enforcement actions. The program shall
include, but shall not be limited to, the following performance
measurements:
   (1) The average length of time it takes to process an application
for a permit or certificate.
   (2) The number of complaints received and the average length of
time it takes to resolve those complaints.
   (3) The number of investigations, stings, and other operations
undertaken to prohibit the illegal operation of charter-party
carriers of passengers, passenger stage corporations, and household
goods carriers.
   (4) The average length of time it takes to complete an
investigation and the disposition of the investigations completed.
   (5) A method to annually analyze fees assessed on charter-party
carriers of passengers, passenger stage corporations, and household
goods carriers to determine if those fees are fair and commensurate
with services rendered.
   (c) (1) The commission shall develop a comprehensive strategy to
detect, deter, and take enforcement actions against charter-party
carriers of passengers, passenger stage corporations, and household
goods carriers that are operating illegally. This strategy shall
include steps to increase on-the-street enforcement of illegally
operating charter-party carriers of passengers, passenger stage
corporations, and household goods carriers and, to the extent
possible, the commission shall coordinate with state and local law
enforcement on enforcement activities.
   (2) As part of the strategy, the commission shall include
strike-force enforcement actions to be conducted at special events,
including proms, awards, and sporting events, and a scheduled
strategic, focused, enforcement timeline.
   (3) As part of the strategy, the commission shall establish a
formal method for acknowledging and investigating consumer complaints
regarding charter-party carriers of passengers. Acknowledgment shall
include written acknowledgment of receipt of a complaint.
   (4) The strategy shall include steps to take enforcement actions
against unpermitted, or illegally operating, charter-party carriers
of passengers, passenger stage corporations, and household goods
carriers that are advertising their services, either electronically
or in print.
   (5) The commission shall make best efforts to coordinate with
associations representing industries regulated by the Transportation
Enforcement Branch to coordinate enforcement of illegal operators.
   (6) As part of the strategy, the commission shall detail how it
will coordinate with the Board of Equalization to enforce the
collection of penalty payments, the Department of Industrial
Relations to enforce provisions related to workers' compensation, and
the Department of Motor Vehicles to enforce provisions related to
vehicle insurance.
   (d) (1) The commission shall develop and implement a plan to
improve technology capabilities to enhance customer service at the
Transportation Enforcement Branch that allow for complete online
application and renewal, vehicle registration, vehicle insurance
compliance, and consumer complaints.
   (2) To the extent possible, the commission shall work to
streamline the way charter-party carriers of passengers, passenger
stage corporations, and household goods carriers submit information,
reports, and applications. This shall include annual reports to the
commission, quarterly revenue reports to the commission, and reports
to the Department of the California Highway Patrol.
   (3) The commission shall ensure that during all normal business
hours, commission staff at the Transportation Enforcement Branch is
available by phone so that regulated carriers and those applying for
authority can easily contact a staff member to ask questions or
obtain information.
   (e) The commission shall, on an annual basis, meet with industry
associations regulated by the Transportation Enforcement Branch, to
ensure that there are coordinated efforts to improve customer service
and enforcement to halt illegal operators.
   (f) The commission shall develop a budget plan for the
Transportation Enforcement Branch to ensure that revenues and
expenditures are appropriately aligned. As part of the budget plan,
the commission shall categorize revenues and expenditures by carrier
type and shall also categorize which specific expenditures are for
enforcement activities. The budget plan shall also include guidelines
for maintaining a reasonable reserve for economic uncertainties.
   (g) (1) The commission shall report to the Legislature on
implementation of this section no later than  January
  February  1, 2017, and by each  January
  February  1, thereafter.
   (2) A report to be submitted pursuant to this subdivision shall be
submitted in compliance with Section 9795 of the Government Code.
  SEC. 3.  Section 1046 is added to the Public Utilities Code, to
read:
   1046.  (a) For purposes of this section, "peace officer" means all
of the following:
   (1) Any sheriff, undersheriff, or deputy sheriff, employed in that
capacity, of a county; any chief of police of a city or chief,
director, or chief executive officer of a consolidated municipal
public safety agency that performs police functions; and any police
officer, employed in that capacity and appointed by the chief of
police or chief, director, or chief executive of a public safety
agency, of a city.
   (2) An officer of the Department of the California Highway Patrol.

   (3) Any person regularly employed as an airport law enforcement
officer by a city, county, or district operating the airport or by a
joint powers agency, created pursuant to Article 1 (commencing with
Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government
Code, operating the airport, if the primary duty of the person is
the enforcement of the law in or about properties owned, operated,
and administered by the employing agency or when performing necessary
duties with respect to patrons, employees, and properties of the
employing agency, in or about the properties owned, operated, and
administered by the employing agency.
   (b) A peace officer may, with respect to a passenger stage
corporation, enforce and assist in the enforcement of Sections 2110
and 2112, resulting from a violation of Section 1031, 1041, or 1045,
or more than one of those sections. A peace officer may additionally
enforce and assist in the enforcement of Sections 1034.5 and 2119. In
any case in which an arrest authorized by this subdivision is made
for an offense declared to be a misdemeanor, and the person arrested
does not demand to be taken before a magistrate, the arresting peace
officer may, instead of taking such person before a magistrate,
follow the procedure prescribed by Chapter 5C (commencing with
Section 853.5) of Title 3 of Part 2 of the Penal Code. The provisions
of that chapter shall thereafter apply with reference to any
proceeding based upon the issuance of a citation pursuant to this
authority.
   (c) A peace officer may impound a vehicle operated by a passenger
stage corporation pursuant to Section 14602.9 of the Vehicle Code if
the peace officer determines that any of the following violations
occurred while the driver was operating the vehicle:
   (1) The driver was operating the vehicle when the passenger stage
corporation did not have a certificate of public convenience and
necessity issued by the commission as required pursuant to this
article.
   (2) The driver was operating the vehicle when the operating rights
or certificate of public convenience and necessity of a passenger
stage corporation was suspended, canceled, or revoked pursuant to
Section 1033.5, 1033.7, or 1045.
   (3) The driver was operating the vehicle without having a current
and valid driver's license of the proper class.
   (d) The commission shall coordinate enforcement of this section
with those peace officers described in subdivision (a), including
undertaking both of the following:
   (1) Educational outreach to ensure that those peace officers are
aware of the requirements of Sections 1031, 1034.5, 1041, 1045, 2110,
2112, and 2119.
   (2) Establishing lines of communication to ensure that the
commission is notified if an action is commenced to enforce the
requirements of those sections specified in subdivision (b), so that
the commission may take appropriate action to enforce the fine and
penalty provisions of Chapter 11 (commencing with Section 2100).
   (e) The Legislature finds and declares that this section is
intended to facilitate and enhance the commission's performance of
its functions pursuant to Section 2101 and not diminish the
commission's authority or responsibility pursuant to that section.
  SEC. 4.  Section 5317.5 of the Public Utilities Code is amended to
read:
   5317.5.  (a) The commission shall ensure that this chapter is
enforced and obeyed, and that violations thereof are promptly
prosecuted and that penalty moneys due to the state are recovered and
collected, and to this end it may sue in the name of the people of
the State of California. Upon the request of the commission, the
Attorney General or the district attorney of the proper county or
city and county may aid in any investigation, hearing, or trial had
under this chapter.
   (b) For purposes of this section, "peace officer" means all of the
following:
   (1) Any sheriff, undersheriff, or deputy sheriff, employed in that
capacity, of a county; any chief of police of a city or chief,
director, or chief executive officer of a consolidated municipal
public safety agency that performs police functions; and any police
officer, employed in that capacity and appointed by the chief of
police or chief, director, or chief executive of a public safety
agency, of a city.
   (2) An officer of the Department of the California Highway Patrol.

   (c) A peace officer may enforce and assist in the enforcement of
Sections 5311 and 5312, resulting from a violation of Section 5132,
5133, 5140, or 5286, or more than one of those sections. A peace
officer may additionally enforce and assist in the enforcement of
Sections 5311.3 and 5314.5. In any case in which an arrest authorized
by this subdivision is made for an offense declared to be a
misdemeanor, and the person arrested does not demand to be taken
before a magistrate, the arresting peace officer may, instead of
taking such person before a magistrate, follow the procedure
prescribed by Chapter 5C (commencing with Section 853.5) of Title 3
of Part 2 of the Penal Code. The provisions of that chapter shall
thereafter apply with reference to any proceeding based upon the
issuance of a citation pursuant to this authority.
   (d) The commission shall coordinate enforcement of this section
with those peace officers described in subdivision (a), including
undertaking both of the following:
   (1) Educational outreach to ensure that those peace officers are
aware of the requirements of Sections 5132, 5133, 5140, 5286, 5311,
5311.3, 5312, and 5314.5.
   (2) Establishing lines of communication to ensure that the
commission is notified if an action is commenced to enforce the
requirements of those sections specified in subdivision (c), so that
the commission may take appropriate action to enforce the fine and
penalty provisions of this article.
   (e) The Attorney General, a district attorney of the proper county
or city and county, or a city attorney may institute and prosecute
actions or proceedings for the violation of any law committed in
connection with, or arising from, a transaction involving the
transportation of household goods and personal effects.
  SEC. 5.  Section 5387 of the Public Utilities Code is amended to
read:
   5387.  (a) It is unlawful for the owner of a charter-party carrier
of passengers to permit the operation of a vehicle upon a public
highway for compensation without (1) having obtained from the
commission a certificate or permit pursuant to this chapter, (2)
having complied with the vehicle identification requirements of
Section 5385 or 5385.5, and (3) having complied with the accident
liability protection requirements of Section 5391.
   (b) A person who drives a bus for a charter-party carrier without
having a current and valid driver's license of the proper class, a
passenger vehicle endorsement, or the required certificate shall be
suspended from driving a bus of any kind, including, but not limited
to, a bus, schoolbus, school pupil activity bus, or transit bus, with
passengers for a period of five years pursuant to Section 13369 of
the Vehicle Code.
   (c) (1) A charter-party carrier shall have its authority to
operate as a charter-party carrier permanently revoked by the
commission or be permanently barred from receiving a permit or
certificate from the commission if it commits any of the following
acts:
   (A) Operates a bus without having been issued a permit or
certificate from the commission.
   (B) Operates a bus with a permit that was suspended by the
commission pursuant to Section 5378.5.
   (C) Commits three or more liability insurance violations within a
two-year period for which it has been cited.
   (D) Operates a bus with a permit that was suspended by the
commission during a period that the charter-party carrier's liability
insurance lapsed for which it has been cited.
   (E) Knowingly employs a busdriver who does not have a current and
valid driver's license of the proper class, a passenger vehicle
endorsement, or the required certificate to drive a bus.
   (F) Has one or more buses improperly registered with the
Department of Motor Vehicles.
   (2) The commission shall not issue a new permit or certificate to
operate as a charter-party carrier if any officer, director, or owner
of that charter-party carrier was an officer, director, or owner of
a charter-party carrier that had its authority to operate as a
charter-party carrier permanently revoked by the commission or that
was permanently barred from receiving a permit or certificate from
the commission pursuant to this subdivision.
   (d) A peace officer, as defined in Section 5417.5, may impound a
vehicle of a charter-party carrier of passengers for 30 days pursuant
to Section 14602.9 of the Vehicle Code if the peace officer
determines that any of the following violations occurred while the
driver was operating the vehicle of a charter-party carrier:
   (1) The driver was operating the vehicle of a charter-party
carrier of passengers when the charter-party carrier of passengers
did not have a permit or certificate issued by the commission.
   (2) The driver was operating the vehicle of a charter-party
carrier of passengers when the charter-party carrier of passengers
was operating with a suspended permit or certificate from the
commission.
   (3) The driver was operating the vehicle of a charter-party
carrier of passengers without having a current and valid driver's
license of the proper class, a passenger vehicle endorsement, or the
required certificate.
  SEC. 6.  Section 5411.5 of the Public Utilities Code is amended to
read:
   5411.5.  (a) Whenever a peace officer, as defined in Section
5417.5, arrests a person for operation of a vehicle 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 Section 5417.5,
arrests a person for operating a vehicle of a charter-party carrier
of passengers as a taxicab in violation of an ordinance or resolution
of a city, county, or city and county, 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. 7.  Section 5417.5 is added to the Public Utilities Code, to
read:
   5417.5.  (a) The commission shall ensure that this chapter is
enforced and obeyed, and that violations thereof are promptly
prosecuted and that penalty moneys due to the state are recovered and
collected, and to this end it may sue in the name of the people of
the State of California. Upon the request of the commission, the
Attorney General or the district attorney of the proper county or
city and county may aid in any investigation, hearing, or trial under
this chapter. The Attorney General, a district attorney of the
proper county or city and county, or a city attorney may institute
and prosecute actions or proceedings for the violation of any law
committed in connection with, or arising from, a transaction
involving a charter-party carrier of passengers.
   (b) For purposes of this section, "peace officer" means all of the
following:
   (1) Any sheriff, undersheriff, or deputy sheriff, employed in that
capacity, of a county; any chief of police of a city or chief,
director, or chief executive officer of a consolidated municipal
public safety agency that performs police functions; and any police
officer, employed in that capacity and appointed by the chief of
police or chief, director, or chief executive of a public safety
agency, of a city.
   (2) An officer of the Department of the California Highway Patrol.

   (3) Any person regularly employed as an airport law enforcement
officer by a city, county, or district operating the airport or by a
joint powers agency, created pursuant to Article 1 (commencing with
Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government
Code, operating the airport, if the primary duty of the person is
the enforcement of the law in or about properties owned, operated,
and administered by the employing agency or when performing necessary
duties with respect to patrons, employees, and properties of the
employing agency, in or about the properties owned, operated, and
administered by the employing agency.
   (c) A peace officer may enforce and assist in the enforcement of
Sections 5411 and 5412 resulting from a violation of Section 5371,
5379, 5385, 5385.7, or 5387, or more than one of those sections. A
peace officer may additionally enforce and assist in the enforcement
of Sections 5411.3 and 5414.5. In any case in which an arrest
authorized by this subdivision is made for an offense declared to be
a misdemeanor, and the person arrested does not demand to be taken
before a magistrate, the arresting peace officer may, instead of
taking such person before a magistrate, follow the procedure
prescribed by Chapter 5C (commencing with Section 853.5) of Title 3
of Part 2 of the Penal Code. The provisions of that chapter shall
thereafter apply with reference to any proceeding based upon the
issuance of a citation pursuant to this authority.
   (d) The commission shall coordinate enforcement of this section
with those peace officers described in subdivision (b), including
undertaking both of the following:
   (1) Educational outreach to ensure that those peace officers are
aware of the requirements of Sections 5371, 5379, 5385, 5385.7, 5387,
5411, 5411.3, 5412, and 5414.5.
   (2) Establishing lines of communication to ensure that the
commission is notified if an action is commenced to enforce the
requirements of those sections specified in subdivision (c), so that
the commission may take appropriate action to enforce the fine and
penalty provisions of this article.
   (e) The Attorney General, a district attorney of the proper county
or city and county, or a city attorney may institute and prosecute
actions or proceedings for the violation of any law committed in
connection with, or arising from, a transaction involving the
transportation of passengers by a charter-party carrier of
passengers.
  SEC. 8.  Section 14602.9 of the Vehicle Code is amended to read:
   14602.9.  (a) For purposes of this section, "peace officer" means
all of the following:
   (1) An officer of the Department of the California Highway Patrol.

   (2) Any sheriff, undersheriff, or deputy sheriff, employed in that
capacity, of a county; any chief of police of a city or chief,
director, or chief executive officer of a consolidated municipal
public safety agency that performs police functions; and any police
officer, employed in that capacity and appointed by the chief of
police or chief, director, or chief executive of a public safety
agency, of a city.
   (3) Any person regularly employed as an airport law enforcement
officer by a city, county, or district operating the airport or by a
joint powers agency, created pursuant to Article 1 (commencing with
Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government
Code, operating the airport, if the primary duty of the person is
the enforcement of the law in or about properties owned, operated,
and administered by the employing agency or when performing necessary
duties with respect to patrons, employees, and properties of the
employing agency, in or about the properties owned, operated, and
administered by the employing agency.
   (b) A peace officer may impound a vehicle of a charter-party
carrier for 30 days if the officer determines that any of the
following violations occurred while the driver was operating the
vehicle of the charter-party carrier:
   (1) The driver was operating the vehicle of a charter-party
carrier when the charter-party carrier did not have a permit or
certificate issued by the Public Utilities Commission, pursuant to
Section 5375 of the Public Utilities Code.
   (2) The driver was operating the vehicle of a charter-party
carrier when the charter-party carrier was operating with a suspended
permit or certificate from the Public Utilities Commission.
   (3) The driver was operating the vehicle of a charter-party
carrier without having a current and valid driver's license of the
proper class, a passenger vehicle endorsement, or the required
certificate.
   (c) A peace officer may impound a vehicle belonging to a passenger
stage corporation for 30 days if the officer determines any of the
following violations occurred while the driver was operating the
vehicle:
   (1) The driver was operating the vehicle when the passenger stage
corporation did not have a certificate of public convenience and
necessity issued by the Public Utilities Commission as required
pursuant to Article 2 (commencing with Section 1031) of Chapter 5 of
Part 1 of Division 1 of the Public Utilities Code.
   (2) The driver was operating the vehicle when the operating rights
or certificate of public convenience and necessity of a passenger
stage corporation was suspended, canceled, or revoked pursuant to
Section 1033.5, 1033.7, or 1045 of the Public Utilities Code.
   (3) The driver was operating the vehicle without having a current
and valid driver's license of the proper class.
   (d) Within two working days after impoundment, the impounding
agency shall send a notice by certified mail, return receipt
requested, to the legal owner of the vehicle, at the address obtained
from the department, informing the owner that the vehicle
                                has been impounded. Failure to notify
the legal owner within two working days shall prohibit the
impounding agency from charging for more than 15 day's impoundment
when the legal owner redeems the impounded vehicle. The impounding
agency shall maintain a published telephone number that provides
information 24 hours a day regarding the impoundment of vehicles and
the rights of a registered owner to request a hearing.
   (e) The registered and legal owner of a vehicle that is removed
and seized under subdivision (b) or (c) or his or her agent shall be
provided the opportunity for a storage hearing to determine the
validity of, or consider any mitigating circumstances attendant to,
the storage, in accordance with Section 22852.
   (f) (1) The impounding agency shall release the vehicle to the
registered owner or his or her agent prior to the end of the
impoundment period under any of the following circumstances:
   (A) When the vehicle is a stolen vehicle.
   (B) When the vehicle is subject to bailment and is driven by an
unlicensed employee of a business establishment, including a parking
service or repair garage.
   (C) When, for a charter-party carrier of passengers, the driver of
the vehicle is not the sole registered owner of the vehicle and the
vehicle is being released to another registered owner of the vehicle
who agrees not to allow the driver to use the vehicle until after the
end of the impoundment period and the charter-party carrier has been
issued a valid permit from the Public Utilities Commission, pursuant
to Section 5375 of the Public Utilities Code.
   (D) When, for a passenger stage corporation, the driver of the
vehicle is not the sole registered owner of the vehicle and the
vehicle is being released to another registered owner of the vehicle
who agrees not to allow the driver to use the vehicle until after the
end of the impoundment period and the passenger stage corporation
has been issued a valid certificate of public convenience and
necessity by the Public Utilities Commission, pursuant to Article 2
(commencing with Section 1031) of Chapter 5 of Part 1 of Division 1
of the Public Utilities Code.
   (2) A vehicle shall not be released pursuant to this subdivision
without presentation of the registered owner's or agent's currently
valid driver's license to operate the vehicle and proof of current
vehicle registration, or upon order of a court.
   (g) 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.
   (h) A vehicle removed and seized under subdivision (b) or (c)
shall be released to the legal owner of the vehicle or the legal
owner's agent prior to the end of the impoundment period 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 who is not the
registered owner and holds a security interest in the vehicle.
   (2) 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 10th day of impoundment. The impounding
authority or any person having possession of the vehicle shall not
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.
   (3) (A) The legal owner or the legal owner's agent presents either
lawful foreclosure documents or an affidavit of repossession for the
vehicle, and a security agreement or title showing proof of legal
ownership for the vehicle. All presented documents may be originals,
photocopies, or facsimile copies, or may be transmitted
electronically. The impounding agency shall not require a document to
be notarized. The impounding agency 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 impounding agency, that the agent is exempt from licensure
pursuant to Section 7500.2 or 7500.3 of the Business and Professions
Code.
   (B) Administrative costs 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, 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
impounding agency shall not require any documents other than those
specified in this paragraph. The impounding agency shall not require
any documents to be notarized.
   (C) As used in this paragraph, "foreclosure documents" means an
"assignment" as that term is defined in subdivision (o) of Section
7500.1 of the Business and Professions Code.
   (i) (1) A legal owner or the legal owner's agent who obtains
release of the vehicle pursuant to subdivision (h) may not release
the vehicle to the registered owner of the vehicle or any agents of
the registered owner, unless the registered owner is a rental car
agency, until after 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 until the registered
owner or that owner's agent presents his or her valid driver's
license or valid temporary driver's license to the legal owner or the
legal owner's agent. The legal owner or the legal owner's agent
shall make every reasonable effort to ensure that the license
presented is valid.
   (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 any administrative charges authorized
under Section 22850.5 that were incurred by the legal owner in
connection with obtaining custody of the vehicle.
   (j) (1) A vehicle removed and seized under subdivision (b) or (c)
shall be released to a rental agency prior to the end of the
impoundment period if the agency is either the legal owner or
registered owner of the vehicle and the agency pays all towing and
storage fees related to the seizure of the vehicle.
   (2) The owner of a rental vehicle that was seized under this
section may continue to rent the vehicle upon recovery of the
vehicle. However, the rental agency shall not rent another vehicle to
the driver of the vehicle that was seized until the impoundment
period has expired.
   (3) The rental agency may require the person to whom the vehicle
was rented to pay all towing and storage charges related to the
impoundment and any administrative charges authorized under Section
22850.5 that were incurred by the rental agency in connection with
obtaining custody of the vehicle.
   (k) 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, any
administrative charges authorized under Section 22850.5, and any
parking fines, penalties, and administrative fees incurred by the
registered owner.
   (l) The impounding agency is not liable to the registered owner
for the improper release of the vehicle to the legal owner or the
legal owner's agent provided the release complies with this section.
   (m) For the purposes of this section, a "charter-party carrier"
means a charter-party carrier of passengers as defined by Section
5360 of the Public Utilities Code.
   (n) For purposes of this section, a "passenger stage corporation"
means a passenger stage corporation as defined by Section 226 of the
Public Utilities Code.