Bill Text: CA AB45 | 2011-2012 | Regular Session | Amended

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

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Bill Title: Charter-party carriers of passengers: alcoholic

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2012-09-23 - Chaptered by Secretary of State - Chapter 461, Statutes of 2012. [AB45 Detail]

Download: California-2011-AB45-Amended.html

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BILL NUMBER: AB 45	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 7, 2012
	AMENDED IN SENATE  JUNE 14, 2011
	AMENDED IN ASSEMBLY  MAY 9, 2011
	AMENDED IN ASSEMBLY  APRIL 11, 2011
	AMENDED IN ASSEMBLY  MARCH 29, 2011

INTRODUCED BY   Assembly Member Hill

                        DECEMBER 6, 2010

   An act to amend  Sections 5384.1 and  
Section  5384.5 of  , to add Section 5355.5 to, and to
repeal and add Section 5384.1 of,  the Public Utilities Code,
and to amend Section 23229.1 of, and to add Section 40000.20 to, the
Vehicle Code, relating to charter-party carriers of passengers.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 45, as amended, Hill. Charter-party carriers of passengers:
alcoholic beverages: open containers.
   The Passenger Charter-party Carriers' Act, with certain
exceptions, prohibits a charter-party carrier of passengers from
engaging in transportation services subject to regulation by the
Public Utilities Commission without obtaining a specified certificate
or permit, as appropriate, from the commission. The act, except as
specified, requires the driver of any limousine for hire operated by
a charter-party carrier of passengers (carrier) under a valid
certificate or permit to comply with prescribed requirements relating
to alcoholic beverages, including ascertaining whether any passenger
is under the age of 21 years, reading to the passenger a statement
that the consumption of any alcoholic beverage in the vehicle is
unlawful, requiring such a passenger to sign the statement, and, if a
minor passenger, after signing the statement, is found to be, or to
have been, consuming any alcoholic beverage during the course of the
ride, immediately terminating the contract of hire and returning the
passenger to the point of origin. The act also subjects the carrier
to specified civil penalties, based on the number of offenses, for
conviction of a driver, or any officer, director, agent, or employee
of the carrier, of a violation of the Vehicle Code that prohibits
storage of an opened container of an alcoholic beverage in a motor
vehicle.
   This bill would  expand the application of those alcoholic
beverage   repeal the above-described  provisions
concerning  the responsibilities of a driver of a limousine for
hire operated by a carrier relating to the consumption of alcoholic
beverages by  passengers under 21 years of age  by
applying those requirements, except as specified, to the driver of
any vehicle providing charter bus transportation for hire operated by
a permitted or certificated carrier when the driver knows, or has
reasonable reason to believe, that alcoholic beverages are, or will
be, transported on the bus and accessible to passengers. The bill
would authorize a driver that terminates a contract of hire because
of a minor's consumption of alcohol, rather than dropping off the
offending passengers and their party at the point of origin of the
ride, to drop the offending passengers and their party off at the
customer's home, nearest police station, or any other point mutually
agreed to by both parties, as long as the conditions are safe for the
driver   . The bill would instead require that a
chartering party, as defined, disclose at the time transportation
service is prearranged or the contract of carriage is made (1) if
alcoholic beverages will be served by the charterin   g
party, as defined, or be transported in the passenger compartment of
the vehicle during transportation and (2) if any member of the party
to be provided with transportation services will be under 21 years of
age. The bill would require the charting party to designate a
designee, as defined, and would impose different requirements for a
designee of the chartering   party and the driver of the
vehicle depending upon the presence of specified circumstances. The
bill would make the designee or, when present, the parent or legal
guardian legally responsible for any personal injury or property
damage that is proximately caused by a violation of laws prohibiting
the consumption of alcoholic beverages by a person under 21 years of
age when alcoholic beverages are consumed during the provision of
transportation services under certain circumstances  . The bill
would  specify penalties for the failure to comply with certain
requirements and would, among other things,  subject the driver
providing  charter bus  transportation  services
on behalf of a licensed carrier  to existing open container
prohibitions and make  the   a  3rd or
subsequent violation of  a specified open container
prohibition by a driver of any vehicle used in the transportation of
passengers for hire operating under a valid certificate or permit
  specified criminal provisions,  a misdemeanor.
The bill, by creating a new crime, would impose a state-mandated
local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  This act shall be known and may be cited as the Brett
Studebaker Law. 
  SEC. 2.    Section 5384.1 of the Public Utilities
Code is amended to read:
   5384.1.  (a) The driver of any limousine for hire operated by a
charter-party carrier of passengers under a valid certificate or
permit shall do all of the following:
   (1) The driver shall ascertain whether any passenger is under 21
years of age.
   (2) If any passenger is under 21 years of age, the driver shall
read to the passenger a statement that the consumption of any
alcoholic beverage in the vehicle is unlawful, that no alcoholic
beverage may be transported in the passenger compartment of the
vehicle, that all alcoholic beverages are required to be carried in
the vehicle trunk or other locked compartment, and that, if during
the course of the ride any minor is found to be, or to have been,
consuming any alcoholic beverage, the contract will be terminated and
the customer will be brought back to the point of origin of the ride
or, at the option of the driver, dropped off at the customer's home,
nearest police station, or any other point mutually agreed to by
both parties, as long as the conditions are safe for the driver.
   (3) After reading the statement described in paragraph (2) to
every passenger under 21 years of age, the driver shall require every
passenger under 21 years of age to sign the statement. The limousine
operator shall retain the signed statement for the period required
by the commission.
   (4) If any minor passenger, after signing a statement pursuant to
paragraph (3), is found to be, or to have been, consuming any
alcoholic beverage during the course of any ride subject to this
section, the driver shall immediately terminate the contract of hire
and shall return the offending passengers and their party to the
point of origin of the ride or, at the option of the driver, dropped
off at the customer's home, nearest police station, or any other
point mutually agreed to by both parties, as long as the conditions
are safe for the driver.
   (b) The driver of a vehicle providing charter bus transportation,
as defined in Section 5363, for hire operated by a charter-party
carrier of passengers under a valid certificate or permit shall do
all of the following when the driver knows, or has reasonable reason
to believe, that alcoholic beverages are, or will be, transported on
the bus and accessible to passengers:
   (1) The driver shall ascertain whether any passenger is under 21
years of age.
   (2) If any passenger is under 21 years of age, the driver shall
read to the passenger a statement that the consumption of any
alcoholic beverage in the bus is unlawful, that no alcoholic beverage
may be transported in the passenger compartment of the bus, that all
alcoholic beverages are required to be carried in the vehicle trunk
or other locked compartment, and that, if during the course of the
ride any minor is found to be, or to have been, consuming any
alcoholic beverage, the contract will be terminated and the customer
will be brought back to the point of origin of the ride or, at the
option of the driver, dropped off at the customer's home, nearest
police station, or any other point mutually agreed to by both
parties, as long as the conditions are safe for the driver.
   (3) After reading the statement described in paragraph (2) to
every passenger under 21 years of age, the driver shall require every
passenger under the age of 21 years to sign the statement. The
driver shall retain the signed statement for the period required by
the commission.
   (4) If any minor passenger, after signing a statement pursuant to
paragraph (3), is found to be, or to have been, consuming any
alcoholic beverage during the course of any ride subject to this
section, the driver shall immediately terminate the contract of hire
and shall return the offending passengers and their party to the
point of origin of the ride or, at the option of the driver, dropped
off at the customer's home, nearest police station, or any other
point mutually agreed to by both parties, as long as the conditions
are safe for the driver.
   (c) Any failure of a driver to comply with subdivision (a) that
results in the conviction of the driver of a violation of Section
23225 of the Vehicle Code, shall be subject to the penalties
prescribed in Section 5384.5.
   (d) Notwithstanding any other provision of law, this section does
not prohibit a parent or legal guardian from consuming alcoholic
beverages in a vehicle charter-party carrier of passengers for hire
while accompanied by his or her minor children.
   (e) This section does not apply to the driver of any of the
following:
   (1) A bus, taxicab, or van exempted from this chapter pursuant to
Section 5353.
   (2) A pupil activity bus, including any motor vehicle specified in
subdivision (k) of Section 545 of the Vehicle Code.
   (3) A school pupil activity bus, as defined in Section 546 of the
Vehicle Code.
   SEC. 2.    Section 5355.5 is added to the  
Public Utilities Code  , to read:  
   5355.5.  (a) "Chartering party" means the person, corporation, or
other entity that prearranges with a charter-party carrier of
passengers for transportation services.
   (b) "Designee" means a person who is 25 years of age or older and
who is designated by the chartering party as being the person
responsible for compliance with the requirements of Section 5384.1
during the provision of transportation services whenever persons
under 21 years of age are to be transported unaccompanied by a parent
or legal guardian. If the chartering party is a person and the minor
is not accompanied by a parent or legal guardian, the chartering
party shall be the designee unless the chartering party identifies
another person to be the designee and the person so designated
acknowledges and agrees that he or she is the designee. If there is
more than one chartering party for a joint carriage of passengers,
each chartering party shall designate a designee who is responsible
for compliance with the requirements of Section 5384.1 whenever
persons under 21 years of age are to be transported unaccompanied by
a parent or legal guardian, and that person shall be the designee
only for those passengers provided with transportation services on
behalf of that chartering party. 
   SEC. 3.    Section 5384.1 of the   Public
Utilities Code   is repealed.  
   5384.1.  (a) The driver of any limousine for hire operated by a
charter-party carrier of passengers under a valid certificate or
permit shall do all of the following:
   (1) The driver shall ascertain whether any passenger is under the
age of 21 years.
   (2) If any passenger is under the age of 21 years, the driver
shall read to the passenger a statement that the consumption of any
alcoholic beverage in the vehicle is unlawful, that no alcoholic
beverage may be transported in the passenger compartment of the
vehicle, that all alcoholic beverages are required to be carried in
the vehicle trunk or other locked compartment, and that, if during
the course of the ride any minor is found to be, or to have been,
consuming any alcoholic beverage, the contract will be terminated and
the customer will be brought back to the point of origin of the
ride.
   (3) After reading the statement described in paragraph (2) to
every passenger under the age of 21 years, the driver shall require
every passenger under the age of 21 years to sign the statement. The
limousine operator shall retain the signed statement for the period
required by the commission.
   (4) If any minor passenger, after signing a statement pursuant to
paragraph (3), is found to be, or to have been, consuming any
alcoholic beverage during the course of any ride subject to this
section, the driver shall immediately terminate the contract of hire
and shall return the passengers to the point of origin of the ride.
   (b) Any failure of a driver to comply with subdivision (a) that
results in the conviction of the driver of a violation of Section
23225 of the Vehicle Code, shall be subject to the penalties
prescribed in Section 5384.5.
   (c) Notwithstanding any other provision of law, this section does
not apply to the driver of any bus, taxicab, or van, and it does not
prohibit a parent or legal guardian from consuming alcoholic
beverages in a limousine for hire while accompanied by his or her
minor children. 
   SEC. 4.    Section 5384.1 is added to the  
Public Utilities Code  , to read:  
   5384.1.  (a) At the time transportation service is prearranged or
the contract of carriage is made, the chartering party shall disclose
to the charter-party carrier of passengers whether the following are
true:
   (1) Alcoholic beverages will be served by the chartering party or
be transported in the passenger compartment of the vehicle during
transportation.
   (2) A member of the party to be provided with transportation
services will be under 21 years of age.
   (b) If, at the time transportation was prearranged with the
charter-party carrier of passengers, the chartering party discloses
that alcoholic beverages will be served or transported in the
passenger compartment and a member of the party is under 21 years of
age, each of the following applies:
   (1) The charter-party carrier of passengers, at the time
transportation services are arranged, shall notify the chartering
party of all of the following:
   (A) A designee who is 25 years of age or older shall be present
whenever persons under 21 years of age who are not accompanied by a
parent or legal guardian are being transported.
   (B) The designee shall ensure compliance with all laws prohibiting
the consumption of alcoholic beverages by persons under 21 years of
age who are members of the party and are not accompanied by a parent
or legal guardian.
   (C) The designee shall read the statement specified in paragraph
(6) to each passenger in the party who is under 21 years of age.
   (D) The designee shall notify the driver of the vehicle if, at any
time during the trip, a passenger in their party who is under 21
years of age is consuming or has consumed alcoholic beverages.
   (E) The designee shall be responsible for any personal injury or
property damage that is proximately caused by the consumption of
alcoholic beverages by a person under 21 years of age while being
supplied with transportation services.
   (F) If a trip is terminated because of the consumption of
alcoholic beverages by a person under 21 years of age that is a
member of their party, the designee's responsibility for that minor,
and for any personal injury or property damage, shall continue until
that minor is returned safely to his or her home or entrusted into
the care of his or her parent or legal guardian.
   (2) The charter-party carrier of passengers shall inform the
driver of the vehicle that alcohol will be present and that there
will be persons under 21 years of age present during the provision of
transportation services and the name of the designee.
   (3) The driver of the vehicle shall obtain the designee's
signature or initials on a written form indicating the designee's
acknowledgment and agreement to all of the following:
   (A) Alcoholic beverages will be served by the chartering party or
be transported in the passenger compartment of the vehicle during
transportation.
   (B) A member of the party to be provided with transportation
services will be under 21 years of age.
   (C) The person signing or initialing is the designee and is 25
years of age or older.
   (D) The designee is responsible for ensuring compliance with all
laws prohibiting the consumption of alcoholic beverages by persons
under 21 years of age who are members of the party and are not
accompanied by a parent or legal guardian.
   (E) The designee is responsible for reading the statement
specified in paragraph (6) to each passenger in the party who is
under 21 years of age.
   (F) The designee is responsible for notifying the driver of the
vehicle if, at any time during the trip, a passenger in their party
who is under 21 years of age is consuming or has consumed alcoholic
beverages and that the designee is in violation of the law if he or
she fails to notify the driver.
   (G) The designee is legally responsible for any personal injury or
property damage that is proximately caused by the consumption of
alcoholic beverages by a person under 21 years of age while being
supplied with transportation services.
   (H) If a trip is terminated because of the consumption of
alcoholic beverages by a person under 21 years of age who is a member
of their party, the designee's responsibility for that minor, and
for any personal injury or property damage, continues until that
minor is returned safely to his or her home or entrusted into the
care of his or her parent or legal guardian.
   (4) The designee shall be a passenger of the vehicle during the
provision of transportation services and shall be responsible for the
conduct of all persons in the vehicle who are members of the party
who are under 21 years of age and who are not accompanied by a parent
or legal guardian.
   (5) The designee shall ensure compliance with all laws related to
the consumption of alcoholic beverages by persons in the party who
are under 21 years of age and who are not accompanied by a parent or
legal guardian. The designee shall ensure compliance with all laws
prohibiting the providing of alcoholic beverages to minors by adult
members of the party. If a person under 21 years of age is
accompanied by a parent or legal guardian, then the parent or legal
guardian shall ensure that person complies with laws prohibiting the
consumption of alcoholic beverages. The designee or, when present,
the parent or legal guardian shall be responsible for any personal
injury or property damage that is proximately caused by a violation
of laws prohibiting the consumption of alcoholic beverages by a
person under 21 years of age when alcoholic beverages are consumed
during the provision of transportation services. Nothing in this
paragraph limits the right of a designee to seek indemnity from any
person, corporation, or other entity other than the charter-party
carrier of passengers. Nothing in this paragraph relieves a passenger
of legal responsibility for his or her own conduct.
   (6) (A) The designee shall read the following statement to those
persons under 21 years of age:

   "Consumption of alcoholic beverages by persons under 21 years of
age is illegal. It is also illegal for an adult to provide alcoholic
beverages to a person under 21 years of age. If you consume alcoholic
beverages, this trip will be terminated and all payments for
transportation services shall be forfeited and not subject to refund."


   (B) The terms of the statement required to be read pursuant to
subparagraph (A) shall be a part of the contract of carriage between
the charter-party carrier of passengers and the chartering party.
   (7) If, during the course of providing transportation services,
any person under 21 years of age is found to be, or to have been,
consuming any alcoholic beverage, the designee shall immediately
notify the driver and the driver shall terminate the trip. All
passengers, including all passengers of a joint carriage if more than
one party is participating on the trip, shall be brought back to the
point of origin of the trip or the driver may drop off the minor
consuming alcoholic beverages at a point mutually agreed to by both
the charter-party carrier of passengers and the designee, on behalf
of the chartering party, provided that the conditions for doing so
are safe for the driver. All payment for transportation services
shall be forfeited and not subject to refund. Should the designee, or
when present, the parent or legal guardian, fail to inform the
driver, or if the designee, parent, or legal guardian permits the
drinking of alcoholic beverages by persons under 21 years of age to
occur in the vehicle, the designee, parent, or legal guardian shall
be subject to prosecution for violation of subdivision (a) of Section
25658 of the Business and Professions Code.
   (c) If, at the time transportation is prearranged with the
charter-party carrier of passengers, the chartering party discloses
that alcoholic beverages will be served or transported in the
passenger compartment, but that no member of the party is or will be
under 21 years of age, each of the following applies:
   (1) If the driver has reason to believe that passengers under 21
years of age will be present during transportation services, the
driver shall verify the age of all passengers to be transported in
the vehicle with the chartering party or designee.
   (2) If any passenger is under 21 years of age, the failure to
disclose the age of this passenger is a violation of the contract of
carriage, and transportation services shall be terminated, unless all
alcoholic beverages are removed and locked in the vehicle trunk or
other locked compartment.
   (d) If, at the time transportation is prearranged with the
charter-party carrier of passengers, the chartering party discloses
that a member of the party is under 21 years of age, but that no
alcoholic beverages will be served or transported in the passenger
compartment, each of the following applies:
   (1) If the driver of the vehicle has reason to believe that
alcoholic beverages are, or will be, transported in the vehicle and
accessible to passengers, the driver shall verify whether alcoholic
beverages were brought onto the vehicle.
   (2) If alcoholic beverages were brought onto the vehicle without
prior notification to the charter-party carrier of passengers, that
act is a violation of the contract of carriage, and the
transportation services shall be terminated, unless all alcoholic
beverages are removed and locked in the vehicle trunk or other locked
compartment.
   (e) Any driver convicted of violating Section 23223 of the Vehicle
Code as a result of his or her failure to comply with this section
shall, in addition, be subject to the civil penalties prescribed in
Section 5384.5. A third or subsequent conviction by the driver shall
be punishable pursuant to Section 40000.20 of the Vehicle Code as a
misdemeanor. 
   SEC. 3.   SEC. 5.   Section 5384.5 of
the Public Utilities Code is amended to read:
   5384.5.  If the driver of any charter-party carrier of passengers
for hire operating under a valid certificate or permit, or any
officer, director, agent, or employee of a charter-party carrier of
passengers operating vehicles used in the transportation of
passengers for hire under such a certificate or permit, is convicted
of a violation of Section 23225 of the Vehicle Code, the commission,
after a hearing, shall do the following:
   (a) For a first offense, the commission may impose a civil penalty
of not more than two thousand dollars ($2,000) upon the carrier, as
determined appropriate by the commission.
   (b) For a second offense, the commission may impose a civil
penalty of not more than two thousand dollars ($2,000) upon the
carrier or suspend the carrier's certificate or permit for not more
than 30 days, or both, as determined appropriate by the commission.
   (c) For a third offense, the commission shall revoke the carrier's
certificate or permit.  A third or subsequent offense shall
also be punishable pursuant to Section 40000.20 of the Vehicle Code.

   SEC. 4.   SEC. 6.   Section 23229.1 of
the Vehicle Code is amended to read:
   23229.1.  (a) Subject to subdivision (b), Sections 23223 and 23225
apply to any  driver providing transportation services on a
prearranged basis as a  charter-party carrier of passengers, as
defined in Section 5360 of the Public Utilities Code, 
operating for hire  when the driver of the vehicle
transports any passenger under 21 years of age  and fails to
comply with the requirements of Section 5384.1 of the Public
Utilities Code  .
   (b) For purposes of subdivision (a), it is not a violation of
Section 23225 for any  driver providing transportation services
on a prearranged basis as a  charter-party carrier of passengers
 operating for hire  that is licensed pursuant to
the Public Utilities Code to keep any bottle, can, or other
receptacle containing any alcoholic beverage in a locked utility
compartment within the area occupied by the driver and passengers.
   (c) In addition to the requirements of Section 1803, every clerk
of a court in which any driver in subdivision (a) was convicted of a
violation of Section 23225 shall prepare within 10 days after
conviction, and immediately forward to the Public Utilities
Commission at its office in San Francisco, an abstract of the record
of the court covering the case in which the person was convicted. If
sentencing is not pronounced in conjunction with the conviction, the
abstract shall be forwarded to the commission within 10 days after
sentencing, and the abstract shall be certified, by the person
required to prepare it, to be true and correct. For the purposes of
this subdivision, a forfeiture of bail is equivalent to a conviction.

   SEC. 5.   SEC. 7.   Section 40000.20 is
added to the Vehicle Code, to read:
   40000.20.  A third or subsequent violation of Section 23225,
relating to  the  storage of an opened container of an
alcoholic beverage,  by   or Section 23223,
relating to the possession of an open container of an alcoholic
beverage, of a driver of any vehicle used  in the
transportation of passengers for hire   to provide
transportation services on a   prearranged services  ,
operating under a valid certificate or permit pursuant to the
Passenger Charter-party Carriers' Act (Chapter 8 (commencing with
Section 5351) of Division 2 of the Public Utilities Code), is a
misdemeanor.
   SEC. 6.   SEC. 8.   No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII
B of the California Constitution.