California Assembly Bill AB636 Amended / Bill

 BILL NUMBER: AB 636AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 13, 2009 INTRODUCED BY Assembly Member Jones FEBRUARY 25, 2009 An act to amend Section 5387 of the Public Utilities Code, relating to charter-party carriers. LEGISLATIVE COUNSEL'S DIGEST AB 636, as amended, Jones. Charter-party carriers: busdrivers. (1) 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 makes it unlawful, among other things, for the owner of a charter-party carrier of passengers to permit the operation of any vehicle upon any public highway for compensation without having obtained from the commission a certificate or permit, as specified, pursuant to the act. This bill would require the commission to permanently revoke the authority of a charter-party carrier  that operates a bus without having been issued the proper permit from the commission or  that knowingly employs a busdriver who  does not have   has not been issued  the required license  or endorsement   , endorsement, or certificate  to drive a bus and would permanently prohibit a person who drives a bus for a charter-party carrier without  having been issued  the proper driver's license  or endorsement   , endorsement, or certificate  from driving a bus of any kind. The bill would also require an officer of the Department of the California Highway Patrol who stops or inspects a bus of a charter-party carrier  that is operating a bus without having been issued the proper permit from the com   mission or  that is being driven by a driver  who does not have in his or her possession   to whom  the appropriate license  or endorsement   , endorsement, or certificate has not been issued  , to impound the bus. (2) Under existing law, a violation of the Passenger Charter-Party Carriers Act, or a violation of an order or direction of the commission issued pursuant to the act, is a crime. Because the provisions of this bill would be a part of the act and because a violation of those provisions or of an order or decision of the commission implementing those provisions would be a crime, the bill would impose a state-mandated local program by creating new crimes. (3) 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 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, 5385.5, or 5385.6, 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  have been issued  the proper driver's license  or   ,  endorsement  , or certificate  shall be permanently prohibited from driving a bus of any kind, including, but not limited to, a bus, schoolbus, school pupil activity bus, or transit bus, and from receiving a license or endorsement that would permit the driving of any bus. (c) A charter-party carrier  that operates a bus without having been issued the proper permit from the commission or  that knowingly employs a busdriver who  does not have   has not been issued  the required license  or   ,  endorsement , or certificate  to drive a bus shall have its authority as a charter-party carrier permanently revoked by the commission. (d) When an officer of the Department of the California Highway Patrol stops or inspects a bus of a charter-party carrier  that is operating a bus without having been issued the proper permit from the commission or  that is being driven by a driver  who does not have in his or her possession   to whom  the appropriate license  or   ,  endorsement  , or certificate has not been issued  , the bus shall be impounded for 30 days pursuant to the provisions and procedures for the impoundment and release of vehicles under Section 14602.6 of the Vehicle Code.  The charter-party carrier shall have a right to an expedited hearing by the commission.  SEC. 2. 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.