Bill Text: CA SB812 | 2015-2016 | Regular Session | Introduced

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

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Bill Title: Modified limousines and tour buses: standards and inspection.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2016-09-27 - Chaptered by Secretary of State. Chapter 711, Statutes of 2016. [SB812 Detail]

Download: California-2015-SB812-Introduced.html

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BILL NUMBER: SB 812	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Hill
   (Principal coauthors: Assembly Members Chiu and Ting)

                        JANUARY 4, 2016

   An act to amend Section 5373.1 of the Public Utilities Code, and
to amend Sections 612, 34505, 34505.1, and 34513 of, and to add
Section 34505.2 to, the Vehicle Code, relating to tour buses.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 812, as introduced, Hill. Tour bus inspection fees:
charter-party carriers of passengers and passenger stage
corporations.
   (1) Existing law defines a tour bus to include any bus operated by
or for a charter-party carrier of passengers or a passenger stage
corporation, with a bus in this respect defined to mean any vehicle
designed, used, or maintained for carrying more than 10 persons,
including the driver. Existing law provides for the Department of the
California Highway Patrol to regulate the safe operation of various
classes of vehicles, including tour buses. Existing law requires
charter-party carriers of passengers, upon initial application and
annually thereafter, to pay tour bus terminal inspection fees of $15
per tour bus, up to a maximum of $6,500, to offset the costs of
inspections of the Department of the California Highway Patrol, and
requires the Public Utilities Commission to collect these fees and to
deposit fee revenues in the Motor Vehicle Account. Existing law does
not impose similar fees on passenger stage corporations. A violation
of various statutes and regulations governing tour buses and
operators of tour buses is a crime.
   This bill would require the Department of the California Highway
Patrol, by regulation, to develop and adopt bus terminal inspection
fees applicable to charter-party carriers of passengers and passenger
stage corporations that operate one or more tour buses, to replace
existing fees, in an amount sufficient to offset the costs to
administer the inspection program for these companies, as specified.
The bill would require the fees to be collected by the Public
Utilities Commission in the case of charter-party carriers of
passengers or as otherwise required by the regulations. The bill
would make other conforming changes.
   This bill would require the Department of the California Highway
Patrol, by regulation, to modify its existing tour bus terminal
inspection program to ensure that the program is performance-based,
with parameters to evaluate and target on-site inspections tour of
buses operated by or for charter-party carriers of passengers and
passenger stage corporations. The bill would require the tour bus
terminal inspection program to prioritize newly acquired tour buses
operated by charter-party carriers of passengers and passenger stage
corporations, as well as affected companies that are noncompliant or
have a history of noncompliance with safety laws or regulations. The
bill would also require no fewer than 25% of the total number of tour
bus carrier inspections conducted by the department to be
unannounced surprise inspections.
   This bill would require a charter-party carrier of passengers or a
passenger stage corporation, prior to operating a newly acquired
tour bus, to first schedule an inspection of the tour bus with, and
obtain a satisfactory rating for the tour bus from, the department.
The bill would also require the Department of the California Highway
Patrol, upon determining that the condition of a tour bus is such
that it has multiple safety violations of a nature that operation of
the tour bus could constitute an imminent danger to public safety, to
immediately order the tour bus out of service, and would prohibit
operation of the tour bus until all of the safety violations have
been corrected and the department has verified the correction of the
safety violations upon a subsequent inspection of the tour bus. By
changing the definition of existing crimes and creating new crimes,
the bill would impose a state-mandated local program.
   This bill would also require the Department of the California
Highway Patrol to conduct a comprehensive review of the statutes and
regulations governing tour buses, as well as buses generally, with
the objective of identifying opportunities for simplification,
consolidation, avoidance of duplication, and consistent use of
terminology, as specified. The bill would require a report containing
the department's recommendations for proposed statutory changes to
be submitted to the policy committees of both houses of the
Legislature with responsibility for transportation matters by January
1, 2018.
   (2)The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 5373.1 of the Public Utilities Code is amended
to read:
   5373.1.  (a) Each application for a charter-party carrier of
passengers certificate or permit shall be accompanied by a filing fee
as follows:
   (1) Class A certificates (new): one thousand five hundred dollars
($1,500).
   (2) Class A certificates (renewal): one hundred dollars ($100).
   (3) Class B certificates (new): one thousand dollars ($1,000).
   (4) Class B certificates (renewal): one hundred dollars ($100).
   (5) Class C certificates (new): one thousand dollars ($1,000).
   (6) Class C certificates (renewal): one hundred dollars ($100).
   (7) Permits (new): one thousand dollars ($1,000).
   (8) Permits (renewal): one hundred dollars ($100).
   (b) The commission shall also require each application to be
accompanied by a fee to offset the cost of the charter-party carrier
bus terminal inspections conducted by the Department of the
California Highway Patrol. The fee shall be fifteen dollars ($15) per
tour bus, as defined in Section 612 of the Vehicle Code, or a
maximum of six thousand five hundred dollars ($6,500) for each
operating  carrier.   carrier, until the
effective date of the new fee structure established by the  
Department of the California Highway Patrol pursuant to subdivision
(b) of Section 34513 of the Vehicle Code. 
   (c) The commission shall require each charter-party carrier that
operates tour buses, as defined in Section 612 of the Vehicle Code,
to undergo an annual bus terminal inspection conducted by the
Department of the California Highway Patrol and to pay an annual fee
of fifteen dollars ($15) per tour bus, or a maximum of six thousand
five hundred dollars ($6,500), to offset the cost of the 
inspections.   inspections, until the effective date of
the new fee structure established by the Department of the California
Highway Pat   rol pursuant to subdivision (b) of Section
34513 of the Vehicle Code. 
   (d) The commission shall deposit the fees collected pursuant to
subdivisions (b) and (c) in the Motor Vehicle Account in the State
Transportation Fund to cover the costs of the inspections conducted
by the department as specified in subdivisions (b) and (c).  The
revenues from the fees shall not be used to supplant other sources of
funding for, or otherwise support, any other inspection program
conducted by the department. 
  SEC. 2.  Section 612 of the Vehicle Code is amended to read:
   612.  "Tour bus" means a  bus   vehicle
designed, used, or maintained for carrying more than 10 persons,
including the driver  , which is operated by or for a
charter-party carrier of passengers, as defined in Section 5360 of
the Public Utilities Code, or a passenger stage corporation, as
defined in Section 226 of the Public Utilities Code.
  SEC. 3.  Section 34505 of the Vehicle Code is amended to read:
   34505.  (a) Tour bus operators shall, in addition to the
systematic inspection, maintenance, and lubrication services required
of all motor carriers, require each tour bus to be inspected at
least every 45 days, or more often if necessary to ensure safe
operation. This inspection shall include, but not be limited to, all
of the following:
   (1) Brake adjustment.
   (2) Brake system components and leaks.
   (3) Steering and suspension systems.
   (4) Tires and wheels.
   (b) A tour bus shall not be used to transport passengers until all
defects listed during the inspection conducted pursuant to
subdivision (a) have been corrected and attested to by the signature
of the operator's authorized representative.
   (c) Records of inspections conducted pursuant to subdivision (a)
shall be kept at the operator's maintenance facility or terminal
where the tour bus is regularly garaged. The records shall be
retained by the operator for one year, and shall be made available
for inspection upon request by any authorized employee of the
department. Each record shall include, but not be limited to, all of
the following:
   (1) Identification of the vehicle, including make, model, license
number, or other means of positive identification.
   (2) Date and nature of each inspection and any repair performed.
   (3) Signature of operator's authorized representative attesting to
the inspection and to the completion of all required repairs.
   (4) Company vehicle number. 
   (d) Prior to operating a newly acquired tour bus, a charter-party
carrier of passengers or a passenger stage corporation shall first
schedule an inspection of the tour bus with, and obtain a
satisfactory rating for the tour bus from, the department. 
  SEC. 4.  Section 34505.1 of the Vehicle Code is amended to read:
   34505.1.  (a) Upon determining that a tour bus carrier or modified
limousine carrier has either (1) failed to maintain any vehicle used
in transportation for compensation in a safe operating condition or
to comply with the Vehicle Code or with regulations contained in
Title 13 of the California Code of Regulations relative to motor
carrier safety, and, in the department's opinion, that failure
presents an imminent danger to public safety or constitutes such a
consistent failure as to justify a recommendation to the Public
Utilities Commission or the United States Department of
Transportation or (2) failed to enroll all drivers in the pull notice
system as required by Section 1808.1, the department shall recommend
to the Public Utilities Commission that the carrier's operating
authority be suspended, denied, or revoked, or to the United States
Department of Transportation that appropriate administrative action
be taken against the carrier's interstate operating authority,
whichever is appropriate. For purposes of this subdivision, two
consecutive unsatisfactory compliance ratings for an inspected
terminal assigned because the tour bus carrier or modified limousine
carrier failed to comply with the periodic report requirements of
Section 1808.1 or the cancellation of the carrier's enrollment by the
Department of Motor Vehicles for nonpayment of required fees may be
determined by the department to be a consistent failure. However,
when recommending denial of an application for new or renewal
authority, the department need not conclude that the carrier's
failure presents an imminent danger to public safety or that it
constitutes a consistent failure. The department need only conclude
that the carrier's compliance with the safety-related matters
described in paragraph (1) of subdivision (a) is sufficiently
unsatisfactory to justify a recommendation for denial. The department
shall retain a record, by carrier, of every recommendation made
pursuant to this section.
   (b) Before transmitting a recommendation pursuant to subdivision
(a), the department shall notify the carrier in writing of all of the
following:
   (1) That the department has determined that the carrier's safety
record is unsatisfactory, furnishing a copy of any documentation or
summary of any other evidence supporting the determination.
   (2) That the determination may result in a suspension, revocation,
or denial of the carrier's operating authority by the Public
Utilities Commission or the United States Department of
Transportation, as appropriate.
   (3) That the carrier may request a review of the determination by
the department within five days of its receipt of the notice required
under this subdivision. If a review is requested by the carrier, the
department shall conduct and evaluate that review prior to
transmitting any notification pursuant to subdivision (a). 
   (c) Notwithstanding anything to the contrary in subdivision (a) or
(b), upon determining during a terminal inspection or at any other
time that the condition of a tour bus is such that it has multiple
safety violations of a nature that operation of the tour bus could
constitute an imminent danger to public safety, the department shall
immediately order the tour bus out of service. The tour bus shall not
be subsequently operated with passengers until all of the safety
violations have been corrected and the department has verified the
correction of the safety violations upon a subsequent inspection by
the department of the tour bus, which shall occur within five
business days of the submission of a reinspection request from the
tour bus carrier to the department. 
  SEC. 5.  Section 34505.2 is added to the Vehicle Code, to read:
   34505.2.  The department shall conduct unannounced surprise
inspections of charter-party carriers of passengers and passenger
stage corporations operating one or more tour buses in addition to
regular scheduled inspections. In each fiscal year, no fewer than 25
percent of the total number of tour bus carrier inspections conducted
by the department shall be unannounced surprise inspections.
  SEC. 6.  Section 34513 of the Vehicle Code is amended to read:
   34513.   (a)    The department shall adopt rules
and regulations relating to the  equipment and maintenance
  equipment, maintenance, and operation  of tour
buses. 
   (b) The department shall, by regulation, develop and adopt a fee
structure for bus terminal inspections of charter-party carriers of
passengers and passenger stage corporation, to be paid by
charter-party carriers of passengers and passenger stage corporations
that operate one or more tour buses. The fees shall be based upon
the number of buses operated by or for a company and shall be
collected upon initial application and annually thereafter by the
Public Utilities Commission pursuant to Section 5373.1 for carriers
subject to that section, or as otherwise provided in regulations. The
fees shall be in an amount sufficient to offset the costs to
administer the inspection program as it pertains to charter-party
carriers of passengers and passenger stage corporations, and revenues
from the fees shall be deposited in the Motor Vehicle Account in the
State Transportation Fund. The revenues from the fees shall not be
used to supplant other sources of funding for, or otherwise support,
any other inspection program conducted by the department. When
developing the regulations, the department shall consider measures
that increase efficiencies to limit the financial impact to
charter-party carriers of passengers and passenger stage corporations
subject to the fees. The department shall adopt the regulations in
consultation with appropriate interested parties.  
   (c) The department shall, by regulation, modify its existing tour
bus terminal inspection program to ensure that the program is
performance-based, with parameters to evaluate and target on-site
inspections of buses operated by or for charter-party carriers of
passengers and passenger stage corporations. The bus terminal
inspection program shall prioritize newly-acquired tour buses
operated by charter-party carriers of passengers and passenger stage
corporations, as well as affected companies that are noncompliant or
have a history of noncompliance with safety laws or regulations. It
is the intent of the Legislature that, to the greatest extent
possible, the bus inspection program shall strive to inspect as many
tour buses operated by or for charter-party carriers of passengers
and passenger stage corporations as possible. 
  SEC. 7.  The Department of the California Highway Patrol shall
conduct a comprehensive review of the statutes and regulations
governing tour buses, as well as buses generally, with the objective
of identifying opportunities for simplification, consolidation,
avoidance of duplication, and consistent use of terminology. The
review shall be conducted in consultation with the Public Utilities
Commission, the Office of Legislative Counsel, and interested
parties. On or before January 1, 2018, the department shall submit a
report containing its recommendations for proposed statutory changes
to the policy committees of both houses of the Legislature with
responsibility for transportation matters, for potential inclusion,
if appropriate in whole or in part, in a future omnibus
transportation bill. The report shall be submitted pursuant to
Section 9795 of the Government Code.
  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.