Amended IN Assembly June 28, 2018 Amended IN Senate April 30, 2018 Amended IN Senate April 10, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 1474Introduced by Senator HillFebruary 16, 2018 An act to amend, repeal, and add Section 1044 of, and to add Section 5415.4 to, amend Sections 1044 and 5415.5 of the Public Utilities Code, relating to transportation.LEGISLATIVE COUNSEL'S DIGESTSB 1474, as amended, Hill. Passenger stage corporations: charter-party carriers of passengers: impoundment of vehicles. (1) Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including common carriers. The Public Utilities Act, with certain exceptions, requires that a passenger stage corporation, as defined, obtain a certificate of public convenience and necessity from the commission to operate on any public highway in the state. The act authorizes the executive director of the commission to make application to the superior court for an order enjoining certain acts or practices violating the requirements of the act or any order, decision, rule, regulation, direction, demand, or requirement issued pursuant to those requirements, or for an order directing compliance. The act authorizes the superior court to grant a permanent or temporary injunction, restraining order, or other order, including an order allowing vehicles used for subsequent operations subject to the order to be impounded at the passenger stage corporations expense and subject to release only by subsequent court order following a petition to the court by the defendant or owner of the vehicle.Beginning July 1, 2019, this bill would instead authorize the commission, through its enforcement, consumer protection, or legal staff, to impound a vehicle owned or operated by a passenger stage corporation for up to 30 days, if the passenger stage corporation, or any officer, director, or agent of the passenger stage corporation, has, on more than one occasion, engaged in any acts or practices in violation of specified provisions of the Vehicle Code, subject to a specified, mandatory administrative review. The bill would prohibit the commission from exercising this authority absent the presence of an officer of the Department of the California Highway Patrol or an officer of an appropriate law enforcement agency in the city, county, or city and county where the vehicle is located, unless impoundment occurs on airport property.This bill would authorize the commission to contract with the Department of the California Highway Patrol or a sheriff to assist in enforcement of an order to impound a vehicle of a passenger stage corporation and would prohibit any costs incurred by the commission for that assistance from being assigned to the carrier as an expense of impound. (2) Charter-party carriers of passengers, as defined, are subject to the jurisdiction and control of the commission under the Passenger Charter-party Carriers Act. The act requires a charter-party carrier of passengers to obtain from the commission a certificate that public convenience and necessity require the operation, or a permit issued by the commission, to operate within the state on a prearranged basis, as defined, prohibits operation unless there is displayed on the vehicle a distinctive identifying symbol prescribed by the commission showing the classification to which the carrier belongs, and complying with accident liability protection requirements. Existing law authorizes a peace officer that arrests a person for operating a charter-party carrier of passengers without a valid certificate or permit at a public airport or within 2 miles of the international border with Mexico, to impound and retain possession of the vehicle, subject to certain exceptions and provisions for notice and return of the vehicle. The act authorizes the executive director to make application to the superior court for an order enjoining certain acts or practices violating the requirements of the act or any order, decision, rule, regulation, direction, demand, or requirement issued pursuant to those requirements, or for an order directing compliance. The act authorizes the superior court to grant a permanent or temporary injunction, restraining order, or other order, including an order allowing vehicles used for subsequent operations subject to the order to be impounded at the charter-party carriers expense and subject to release only by subsequent court order following a petition to the court by the defendant or owner of the vehicle.This bill would authorize the commission, through its enforcement, consumer protection, or legal staff, to impound a vehicle owned or operated by a charter-party carrier of passengers for up to 30 days, if the charter-party carrier of passengers, or any officer, director, or agent of the charter-party carrier of passengers, has, on more than one occasion, engaged in any acts or practices in violation of specified provisions of the Vehicle Code, subject to a specified, mandatory administrative review. The bill would prohibit the commission from exercising this authority absent the presence of an officer of the Department of the California Highway Patrol or an officer of an appropriate law enforcement agency in the city, county, or city and county where the vehicle is located, unless impoundment occurs on airport property.This bill would authorize the commission to contract with the Department of the California Highway Patrol or a sheriff to assist in enforcement of an order to impound a vehicle of a charter-party carrier of passengers and would prohibit any costs incurred by the commission for that assistance from being assigned to the carrier as an expense of impound.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1044 of the Public Utilities Code is amended to read:1044. (a)When the executive director of the commission determines that any passenger stage corporation, or any officer, director, or agent of any passenger stage corporation, has engaged in, is engaged in, or is about to engage in, any acts or practices in violation of this chapter, or any order, decision, rule, regulation, direction, demand, or requirement issued under this chapter, the executive director may make application to the superior court for an order enjoining those acts or practices or for an order directing compliance. The court may grant a permanent or temporary injunction, restraining order, or other order, including, but not limited to, an order allowing vehicles used for subsequent operations subject to the order to be impounded at the carriers expense and subject to release only by subsequent court order following a petition to the court by the defendant or owner of the vehicle, upon a showing by the executive director that a person or corporation has engaged in or is about to engage in these acts or practices. The commission may contract with the Department of the California Highway Patrol or a sheriff to assist in enforcement of an order for vehicle impound. Any costs incurred by the commission for that assistance are not assignable to the carrier as an expense of impound.(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.SEC. 2. Section 5415.5 of the Public Utilities Code is amended to read:5415.5. When the executive director of the commission determines that any charter-party carrier of passengers, or any officer, director, or agent of any charter-party carrier of passengers, has engaged in, is engaged in, or is about to engage in, any acts or practices in violation of this chapter, or any order, decision, rule, regulation, direction, demand, or requirement issued under this chapter, the executive director may make application to the superior court for an order enjoining those acts or practices or for an order directing compliance. The court may grant a permanent or temporary injunction, restraining order, or other order, including, but not limited to, an order allowing vehicles used for subsequent operations subject to the order to be impounded at the carriers expense and subject to release only by subsequent court order following a petition to the court by the defendant or owner of the vehicle, upon a showing by the executive director that a person or corporation has engaged in or is about to engage in these acts or practices. The commission may contract with the Department of the California Highway Patrol or a sheriff to assist in enforcement of an order for vehicle impound. Any costs incurred by the commission for that assistance are not assignable to the carrier as an expense of impound.SEC. 2.Section 1044 is added to the Public Utilities Code, to read:1044.(a)The commission, through its enforcement, consumer protection, or legal staff, shall have the authority to impound a vehicle owned or operated by a passenger stage corporation for up to 30 days, if the commission, or its enforcement, consumer protection, or legal staff, determines that the passenger stage corporation, or any officer, director, or agent of the passenger stage corporation, has, on more than one occasion, engaged in any acts or practices in violation of subdivision (c) of Section 14602.9 of the Vehicle Code. The commission shall not exercise this authority until it amends its existing general orders, resolutions, or decisions as necessary to provide for a prompt and fair administrative review of the decision to impound a vehicle and shall adopt all existing impoundment protections and rules as outlined in Section 14602.9 of the Vehicle Code. The commission shall not exercise this authority absent the presence of an officer of the Department of the California Highway Patrol or an officer of an appropriate law enforcement agency in the city, county, or city and county where the vehicle is located, unless impoundment occurs on airport property.(b)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 pursuant to this section, and any parking fines, penalties, and administrative fees incurred by the registered owner.(c)This section shall become operative on July 1, 2019.SEC. 3.Section 5415.4 is added to the Public Utilities Code, to read:5415.4.(a)The commission, through its enforcement, consumer protection, or legal staff, shall have the authority to impound a vehicle owned or operated by a charter-party carrier for up to 30 days, if the commission, or its enforcement, consumer protection, or legal staff, determines that the charter-party carrier, or any officer, director, or agent of the charter-party carrier, has, on more than one occasion, engaged in any acts or practices in violation of subdivision (b) of Section 14602.9 of the Vehicle Code. The commission shall not exercise this authority until it amends its existing general orders, resolutions, or decisions as necessary to provide for a prompt and fair administrative review of its decision to impound a vehicle and shall adopt all existing impoundment protections and rules as outlined in Section 14602.9 of the Vehicle Code. The commission shall not exercise this authority absent the presence of an officer of the Department of the California Highway Patrol or an officer of an appropriate law enforcement agency in the city, county, or city and county where the vehicle is located, unless impoundment occurs on airport property.(b)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 pursuant to this section, and any parking fines, penalties, and administrative fees incurred by the registered owner.
Amended IN Assembly June 28, 2018 Amended IN Senate April 30, 2018 Amended IN Senate April 10, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 1474Introduced by Senator HillFebruary 16, 2018 An act to amend, repeal, and add Section 1044 of, and to add Section 5415.4 to, amend Sections 1044 and 5415.5 of the Public Utilities Code, relating to transportation.LEGISLATIVE COUNSEL'S DIGESTSB 1474, as amended, Hill. Passenger stage corporations: charter-party carriers of passengers: impoundment of vehicles. (1) Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including common carriers. The Public Utilities Act, with certain exceptions, requires that a passenger stage corporation, as defined, obtain a certificate of public convenience and necessity from the commission to operate on any public highway in the state. The act authorizes the executive director of the commission to make application to the superior court for an order enjoining certain acts or practices violating the requirements of the act or any order, decision, rule, regulation, direction, demand, or requirement issued pursuant to those requirements, or for an order directing compliance. The act authorizes the superior court to grant a permanent or temporary injunction, restraining order, or other order, including an order allowing vehicles used for subsequent operations subject to the order to be impounded at the passenger stage corporations expense and subject to release only by subsequent court order following a petition to the court by the defendant or owner of the vehicle.Beginning July 1, 2019, this bill would instead authorize the commission, through its enforcement, consumer protection, or legal staff, to impound a vehicle owned or operated by a passenger stage corporation for up to 30 days, if the passenger stage corporation, or any officer, director, or agent of the passenger stage corporation, has, on more than one occasion, engaged in any acts or practices in violation of specified provisions of the Vehicle Code, subject to a specified, mandatory administrative review. The bill would prohibit the commission from exercising this authority absent the presence of an officer of the Department of the California Highway Patrol or an officer of an appropriate law enforcement agency in the city, county, or city and county where the vehicle is located, unless impoundment occurs on airport property.This bill would authorize the commission to contract with the Department of the California Highway Patrol or a sheriff to assist in enforcement of an order to impound a vehicle of a passenger stage corporation and would prohibit any costs incurred by the commission for that assistance from being assigned to the carrier as an expense of impound. (2) Charter-party carriers of passengers, as defined, are subject to the jurisdiction and control of the commission under the Passenger Charter-party Carriers Act. The act requires a charter-party carrier of passengers to obtain from the commission a certificate that public convenience and necessity require the operation, or a permit issued by the commission, to operate within the state on a prearranged basis, as defined, prohibits operation unless there is displayed on the vehicle a distinctive identifying symbol prescribed by the commission showing the classification to which the carrier belongs, and complying with accident liability protection requirements. Existing law authorizes a peace officer that arrests a person for operating a charter-party carrier of passengers without a valid certificate or permit at a public airport or within 2 miles of the international border with Mexico, to impound and retain possession of the vehicle, subject to certain exceptions and provisions for notice and return of the vehicle. The act authorizes the executive director to make application to the superior court for an order enjoining certain acts or practices violating the requirements of the act or any order, decision, rule, regulation, direction, demand, or requirement issued pursuant to those requirements, or for an order directing compliance. The act authorizes the superior court to grant a permanent or temporary injunction, restraining order, or other order, including an order allowing vehicles used for subsequent operations subject to the order to be impounded at the charter-party carriers expense and subject to release only by subsequent court order following a petition to the court by the defendant or owner of the vehicle.This bill would authorize the commission, through its enforcement, consumer protection, or legal staff, to impound a vehicle owned or operated by a charter-party carrier of passengers for up to 30 days, if the charter-party carrier of passengers, or any officer, director, or agent of the charter-party carrier of passengers, has, on more than one occasion, engaged in any acts or practices in violation of specified provisions of the Vehicle Code, subject to a specified, mandatory administrative review. The bill would prohibit the commission from exercising this authority absent the presence of an officer of the Department of the California Highway Patrol or an officer of an appropriate law enforcement agency in the city, county, or city and county where the vehicle is located, unless impoundment occurs on airport property.This bill would authorize the commission to contract with the Department of the California Highway Patrol or a sheriff to assist in enforcement of an order to impound a vehicle of a charter-party carrier of passengers and would prohibit any costs incurred by the commission for that assistance from being assigned to the carrier as an expense of impound.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Assembly June 28, 2018 Amended IN Senate April 30, 2018 Amended IN Senate April 10, 2018
Amended IN Assembly June 28, 2018
Amended IN Senate April 30, 2018
Amended IN Senate April 10, 2018
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Senate Bill No. 1474
Introduced by Senator HillFebruary 16, 2018
Introduced by Senator Hill
February 16, 2018
An act to amend, repeal, and add Section 1044 of, and to add Section 5415.4 to, amend Sections 1044 and 5415.5 of the Public Utilities Code, relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 1474, as amended, Hill. Passenger stage corporations: charter-party carriers of passengers: impoundment of vehicles.
(1) Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including common carriers. The Public Utilities Act, with certain exceptions, requires that a passenger stage corporation, as defined, obtain a certificate of public convenience and necessity from the commission to operate on any public highway in the state. The act authorizes the executive director of the commission to make application to the superior court for an order enjoining certain acts or practices violating the requirements of the act or any order, decision, rule, regulation, direction, demand, or requirement issued pursuant to those requirements, or for an order directing compliance. The act authorizes the superior court to grant a permanent or temporary injunction, restraining order, or other order, including an order allowing vehicles used for subsequent operations subject to the order to be impounded at the passenger stage corporations expense and subject to release only by subsequent court order following a petition to the court by the defendant or owner of the vehicle.Beginning July 1, 2019, this bill would instead authorize the commission, through its enforcement, consumer protection, or legal staff, to impound a vehicle owned or operated by a passenger stage corporation for up to 30 days, if the passenger stage corporation, or any officer, director, or agent of the passenger stage corporation, has, on more than one occasion, engaged in any acts or practices in violation of specified provisions of the Vehicle Code, subject to a specified, mandatory administrative review. The bill would prohibit the commission from exercising this authority absent the presence of an officer of the Department of the California Highway Patrol or an officer of an appropriate law enforcement agency in the city, county, or city and county where the vehicle is located, unless impoundment occurs on airport property.This bill would authorize the commission to contract with the Department of the California Highway Patrol or a sheriff to assist in enforcement of an order to impound a vehicle of a passenger stage corporation and would prohibit any costs incurred by the commission for that assistance from being assigned to the carrier as an expense of impound. (2) Charter-party carriers of passengers, as defined, are subject to the jurisdiction and control of the commission under the Passenger Charter-party Carriers Act. The act requires a charter-party carrier of passengers to obtain from the commission a certificate that public convenience and necessity require the operation, or a permit issued by the commission, to operate within the state on a prearranged basis, as defined, prohibits operation unless there is displayed on the vehicle a distinctive identifying symbol prescribed by the commission showing the classification to which the carrier belongs, and complying with accident liability protection requirements. Existing law authorizes a peace officer that arrests a person for operating a charter-party carrier of passengers without a valid certificate or permit at a public airport or within 2 miles of the international border with Mexico, to impound and retain possession of the vehicle, subject to certain exceptions and provisions for notice and return of the vehicle. The act authorizes the executive director to make application to the superior court for an order enjoining certain acts or practices violating the requirements of the act or any order, decision, rule, regulation, direction, demand, or requirement issued pursuant to those requirements, or for an order directing compliance. The act authorizes the superior court to grant a permanent or temporary injunction, restraining order, or other order, including an order allowing vehicles used for subsequent operations subject to the order to be impounded at the charter-party carriers expense and subject to release only by subsequent court order following a petition to the court by the defendant or owner of the vehicle.This bill would authorize the commission, through its enforcement, consumer protection, or legal staff, to impound a vehicle owned or operated by a charter-party carrier of passengers for up to 30 days, if the charter-party carrier of passengers, or any officer, director, or agent of the charter-party carrier of passengers, has, on more than one occasion, engaged in any acts or practices in violation of specified provisions of the Vehicle Code, subject to a specified, mandatory administrative review. The bill would prohibit the commission from exercising this authority absent the presence of an officer of the Department of the California Highway Patrol or an officer of an appropriate law enforcement agency in the city, county, or city and county where the vehicle is located, unless impoundment occurs on airport property.This bill would authorize the commission to contract with the Department of the California Highway Patrol or a sheriff to assist in enforcement of an order to impound a vehicle of a charter-party carrier of passengers and would prohibit any costs incurred by the commission for that assistance from being assigned to the carrier as an expense of impound.
(1) Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including common carriers. The Public Utilities Act, with certain exceptions, requires that a passenger stage corporation, as defined, obtain a certificate of public convenience and necessity from the commission to operate on any public highway in the state. The act authorizes the executive director of the commission to make application to the superior court for an order enjoining certain acts or practices violating the requirements of the act or any order, decision, rule, regulation, direction, demand, or requirement issued pursuant to those requirements, or for an order directing compliance. The act authorizes the superior court to grant a permanent or temporary injunction, restraining order, or other order, including an order allowing vehicles used for subsequent operations subject to the order to be impounded at the passenger stage corporations expense and subject to release only by subsequent court order following a petition to the court by the defendant or owner of the vehicle.
Beginning July 1, 2019, this bill would instead authorize the commission, through its enforcement, consumer protection, or legal staff, to impound a vehicle owned or operated by a passenger stage corporation for up to 30 days, if the passenger stage corporation, or any officer, director, or agent of the passenger stage corporation, has, on more than one occasion, engaged in any acts or practices in violation of specified provisions of the Vehicle Code, subject to a specified, mandatory administrative review. The bill would prohibit the commission from exercising this authority absent the presence of an officer of the Department of the California Highway Patrol or an officer of an appropriate law enforcement agency in the city, county, or city and county where the vehicle is located, unless impoundment occurs on airport property.
This bill would authorize the commission to contract with the Department of the California Highway Patrol or a sheriff to assist in enforcement of an order to impound a vehicle of a passenger stage corporation and would prohibit any costs incurred by the commission for that assistance from being assigned to the carrier as an expense of impound.
(2) Charter-party carriers of passengers, as defined, are subject to the jurisdiction and control of the commission under the Passenger Charter-party Carriers Act. The act requires a charter-party carrier of passengers to obtain from the commission a certificate that public convenience and necessity require the operation, or a permit issued by the commission, to operate within the state on a prearranged basis, as defined, prohibits operation unless there is displayed on the vehicle a distinctive identifying symbol prescribed by the commission showing the classification to which the carrier belongs, and complying with accident liability protection requirements. Existing law authorizes a peace officer that arrests a person for operating a charter-party carrier of passengers without a valid certificate or permit at a public airport or within 2 miles of the international border with Mexico, to impound and retain possession of the vehicle, subject to certain exceptions and provisions for notice and return of the vehicle. The act authorizes the executive director to make application to the superior court for an order enjoining certain acts or practices violating the requirements of the act or any order, decision, rule, regulation, direction, demand, or requirement issued pursuant to those requirements, or for an order directing compliance. The act authorizes the superior court to grant a permanent or temporary injunction, restraining order, or other order, including an order allowing vehicles used for subsequent operations subject to the order to be impounded at the charter-party carriers expense and subject to release only by subsequent court order following a petition to the court by the defendant or owner of the vehicle.
This bill would authorize the commission, through its enforcement, consumer protection, or legal staff, to impound a vehicle owned or operated by a charter-party carrier of passengers for up to 30 days, if the charter-party carrier of passengers, or any officer, director, or agent of the charter-party carrier of passengers, has, on more than one occasion, engaged in any acts or practices in violation of specified provisions of the Vehicle Code, subject to a specified, mandatory administrative review. The bill would prohibit the commission from exercising this authority absent the presence of an officer of the Department of the California Highway Patrol or an officer of an appropriate law enforcement agency in the city, county, or city and county where the vehicle is located, unless impoundment occurs on airport property.
This bill would authorize the commission to contract with the Department of the California Highway Patrol or a sheriff to assist in enforcement of an order to impound a vehicle of a charter-party carrier of passengers and would prohibit any costs incurred by the commission for that assistance from being assigned to the carrier as an expense of impound.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 1044 of the Public Utilities Code is amended to read:1044. (a)When the executive director of the commission determines that any passenger stage corporation, or any officer, director, or agent of any passenger stage corporation, has engaged in, is engaged in, or is about to engage in, any acts or practices in violation of this chapter, or any order, decision, rule, regulation, direction, demand, or requirement issued under this chapter, the executive director may make application to the superior court for an order enjoining those acts or practices or for an order directing compliance. The court may grant a permanent or temporary injunction, restraining order, or other order, including, but not limited to, an order allowing vehicles used for subsequent operations subject to the order to be impounded at the carriers expense and subject to release only by subsequent court order following a petition to the court by the defendant or owner of the vehicle, upon a showing by the executive director that a person or corporation has engaged in or is about to engage in these acts or practices. The commission may contract with the Department of the California Highway Patrol or a sheriff to assist in enforcement of an order for vehicle impound. Any costs incurred by the commission for that assistance are not assignable to the carrier as an expense of impound.(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.SEC. 2. Section 5415.5 of the Public Utilities Code is amended to read:5415.5. When the executive director of the commission determines that any charter-party carrier of passengers, or any officer, director, or agent of any charter-party carrier of passengers, has engaged in, is engaged in, or is about to engage in, any acts or practices in violation of this chapter, or any order, decision, rule, regulation, direction, demand, or requirement issued under this chapter, the executive director may make application to the superior court for an order enjoining those acts or practices or for an order directing compliance. The court may grant a permanent or temporary injunction, restraining order, or other order, including, but not limited to, an order allowing vehicles used for subsequent operations subject to the order to be impounded at the carriers expense and subject to release only by subsequent court order following a petition to the court by the defendant or owner of the vehicle, upon a showing by the executive director that a person or corporation has engaged in or is about to engage in these acts or practices. The commission may contract with the Department of the California Highway Patrol or a sheriff to assist in enforcement of an order for vehicle impound. Any costs incurred by the commission for that assistance are not assignable to the carrier as an expense of impound.SEC. 2.Section 1044 is added to the Public Utilities Code, to read:1044.(a)The commission, through its enforcement, consumer protection, or legal staff, shall have the authority to impound a vehicle owned or operated by a passenger stage corporation for up to 30 days, if the commission, or its enforcement, consumer protection, or legal staff, determines that the passenger stage corporation, or any officer, director, or agent of the passenger stage corporation, has, on more than one occasion, engaged in any acts or practices in violation of subdivision (c) of Section 14602.9 of the Vehicle Code. The commission shall not exercise this authority until it amends its existing general orders, resolutions, or decisions as necessary to provide for a prompt and fair administrative review of the decision to impound a vehicle and shall adopt all existing impoundment protections and rules as outlined in Section 14602.9 of the Vehicle Code. The commission shall not exercise this authority absent the presence of an officer of the Department of the California Highway Patrol or an officer of an appropriate law enforcement agency in the city, county, or city and county where the vehicle is located, unless impoundment occurs on airport property.(b)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 pursuant to this section, and any parking fines, penalties, and administrative fees incurred by the registered owner.(c)This section shall become operative on July 1, 2019.SEC. 3.Section 5415.4 is added to the Public Utilities Code, to read:5415.4.(a)The commission, through its enforcement, consumer protection, or legal staff, shall have the authority to impound a vehicle owned or operated by a charter-party carrier for up to 30 days, if the commission, or its enforcement, consumer protection, or legal staff, determines that the charter-party carrier, or any officer, director, or agent of the charter-party carrier, has, on more than one occasion, engaged in any acts or practices in violation of subdivision (b) of Section 14602.9 of the Vehicle Code. The commission shall not exercise this authority until it amends its existing general orders, resolutions, or decisions as necessary to provide for a prompt and fair administrative review of its decision to impound a vehicle and shall adopt all existing impoundment protections and rules as outlined in Section 14602.9 of the Vehicle Code. The commission shall not exercise this authority absent the presence of an officer of the Department of the California Highway Patrol or an officer of an appropriate law enforcement agency in the city, county, or city and county where the vehicle is located, unless impoundment occurs on airport property.(b)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 pursuant to this section, and any parking fines, penalties, and administrative fees incurred by the registered owner.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 1044 of the Public Utilities Code is amended to read:1044. (a)When the executive director of the commission determines that any passenger stage corporation, or any officer, director, or agent of any passenger stage corporation, has engaged in, is engaged in, or is about to engage in, any acts or practices in violation of this chapter, or any order, decision, rule, regulation, direction, demand, or requirement issued under this chapter, the executive director may make application to the superior court for an order enjoining those acts or practices or for an order directing compliance. The court may grant a permanent or temporary injunction, restraining order, or other order, including, but not limited to, an order allowing vehicles used for subsequent operations subject to the order to be impounded at the carriers expense and subject to release only by subsequent court order following a petition to the court by the defendant or owner of the vehicle, upon a showing by the executive director that a person or corporation has engaged in or is about to engage in these acts or practices. The commission may contract with the Department of the California Highway Patrol or a sheriff to assist in enforcement of an order for vehicle impound. Any costs incurred by the commission for that assistance are not assignable to the carrier as an expense of impound.(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SECTION 1. Section 1044 of the Public Utilities Code is amended to read:
### SECTION 1.
1044. (a)When the executive director of the commission determines that any passenger stage corporation, or any officer, director, or agent of any passenger stage corporation, has engaged in, is engaged in, or is about to engage in, any acts or practices in violation of this chapter, or any order, decision, rule, regulation, direction, demand, or requirement issued under this chapter, the executive director may make application to the superior court for an order enjoining those acts or practices or for an order directing compliance. The court may grant a permanent or temporary injunction, restraining order, or other order, including, but not limited to, an order allowing vehicles used for subsequent operations subject to the order to be impounded at the carriers expense and subject to release only by subsequent court order following a petition to the court by the defendant or owner of the vehicle, upon a showing by the executive director that a person or corporation has engaged in or is about to engage in these acts or practices. The commission may contract with the Department of the California Highway Patrol or a sheriff to assist in enforcement of an order for vehicle impound. Any costs incurred by the commission for that assistance are not assignable to the carrier as an expense of impound.(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
1044. (a)When the executive director of the commission determines that any passenger stage corporation, or any officer, director, or agent of any passenger stage corporation, has engaged in, is engaged in, or is about to engage in, any acts or practices in violation of this chapter, or any order, decision, rule, regulation, direction, demand, or requirement issued under this chapter, the executive director may make application to the superior court for an order enjoining those acts or practices or for an order directing compliance. The court may grant a permanent or temporary injunction, restraining order, or other order, including, but not limited to, an order allowing vehicles used for subsequent operations subject to the order to be impounded at the carriers expense and subject to release only by subsequent court order following a petition to the court by the defendant or owner of the vehicle, upon a showing by the executive director that a person or corporation has engaged in or is about to engage in these acts or practices. The commission may contract with the Department of the California Highway Patrol or a sheriff to assist in enforcement of an order for vehicle impound. Any costs incurred by the commission for that assistance are not assignable to the carrier as an expense of impound.(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
1044. (a)When the executive director of the commission determines that any passenger stage corporation, or any officer, director, or agent of any passenger stage corporation, has engaged in, is engaged in, or is about to engage in, any acts or practices in violation of this chapter, or any order, decision, rule, regulation, direction, demand, or requirement issued under this chapter, the executive director may make application to the superior court for an order enjoining those acts or practices or for an order directing compliance. The court may grant a permanent or temporary injunction, restraining order, or other order, including, but not limited to, an order allowing vehicles used for subsequent operations subject to the order to be impounded at the carriers expense and subject to release only by subsequent court order following a petition to the court by the defendant or owner of the vehicle, upon a showing by the executive director that a person or corporation has engaged in or is about to engage in these acts or practices. The commission may contract with the Department of the California Highway Patrol or a sheriff to assist in enforcement of an order for vehicle impound. Any costs incurred by the commission for that assistance are not assignable to the carrier as an expense of impound.(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
1044. (a)When the executive director of the commission determines that any passenger stage corporation, or any officer, director, or agent of any passenger stage corporation, has engaged in, is engaged in, or is about to engage in, any acts or practices in violation of this chapter, or any order, decision, rule, regulation, direction, demand, or requirement issued under this chapter, the executive director may make application to the superior court for an order enjoining those acts or practices or for an order directing compliance. The court may grant a permanent or temporary injunction, restraining order, or other order, including, but not limited to, an order allowing vehicles used for subsequent operations subject to the order to be impounded at the carriers expense and subject to release only by subsequent court order following a petition to the court by the defendant or owner of the vehicle, upon a showing by the executive director that a person or corporation has engaged in or is about to engage in these acts or practices. The commission may contract with the Department of the California Highway Patrol or a sheriff to assist in enforcement of an order for vehicle impound. Any costs incurred by the commission for that assistance are not assignable to the carrier as an expense of impound.
(b)This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.
SEC. 2. Section 5415.5 of the Public Utilities Code is amended to read:5415.5. When the executive director of the commission determines that any charter-party carrier of passengers, or any officer, director, or agent of any charter-party carrier of passengers, has engaged in, is engaged in, or is about to engage in, any acts or practices in violation of this chapter, or any order, decision, rule, regulation, direction, demand, or requirement issued under this chapter, the executive director may make application to the superior court for an order enjoining those acts or practices or for an order directing compliance. The court may grant a permanent or temporary injunction, restraining order, or other order, including, but not limited to, an order allowing vehicles used for subsequent operations subject to the order to be impounded at the carriers expense and subject to release only by subsequent court order following a petition to the court by the defendant or owner of the vehicle, upon a showing by the executive director that a person or corporation has engaged in or is about to engage in these acts or practices. The commission may contract with the Department of the California Highway Patrol or a sheriff to assist in enforcement of an order for vehicle impound. Any costs incurred by the commission for that assistance are not assignable to the carrier as an expense of impound.
SEC. 2. Section 5415.5 of the Public Utilities Code is amended to read:
### SEC. 2.
5415.5. When the executive director of the commission determines that any charter-party carrier of passengers, or any officer, director, or agent of any charter-party carrier of passengers, has engaged in, is engaged in, or is about to engage in, any acts or practices in violation of this chapter, or any order, decision, rule, regulation, direction, demand, or requirement issued under this chapter, the executive director may make application to the superior court for an order enjoining those acts or practices or for an order directing compliance. The court may grant a permanent or temporary injunction, restraining order, or other order, including, but not limited to, an order allowing vehicles used for subsequent operations subject to the order to be impounded at the carriers expense and subject to release only by subsequent court order following a petition to the court by the defendant or owner of the vehicle, upon a showing by the executive director that a person or corporation has engaged in or is about to engage in these acts or practices. The commission may contract with the Department of the California Highway Patrol or a sheriff to assist in enforcement of an order for vehicle impound. Any costs incurred by the commission for that assistance are not assignable to the carrier as an expense of impound.
5415.5. When the executive director of the commission determines that any charter-party carrier of passengers, or any officer, director, or agent of any charter-party carrier of passengers, has engaged in, is engaged in, or is about to engage in, any acts or practices in violation of this chapter, or any order, decision, rule, regulation, direction, demand, or requirement issued under this chapter, the executive director may make application to the superior court for an order enjoining those acts or practices or for an order directing compliance. The court may grant a permanent or temporary injunction, restraining order, or other order, including, but not limited to, an order allowing vehicles used for subsequent operations subject to the order to be impounded at the carriers expense and subject to release only by subsequent court order following a petition to the court by the defendant or owner of the vehicle, upon a showing by the executive director that a person or corporation has engaged in or is about to engage in these acts or practices. The commission may contract with the Department of the California Highway Patrol or a sheriff to assist in enforcement of an order for vehicle impound. Any costs incurred by the commission for that assistance are not assignable to the carrier as an expense of impound.
5415.5. When the executive director of the commission determines that any charter-party carrier of passengers, or any officer, director, or agent of any charter-party carrier of passengers, has engaged in, is engaged in, or is about to engage in, any acts or practices in violation of this chapter, or any order, decision, rule, regulation, direction, demand, or requirement issued under this chapter, the executive director may make application to the superior court for an order enjoining those acts or practices or for an order directing compliance. The court may grant a permanent or temporary injunction, restraining order, or other order, including, but not limited to, an order allowing vehicles used for subsequent operations subject to the order to be impounded at the carriers expense and subject to release only by subsequent court order following a petition to the court by the defendant or owner of the vehicle, upon a showing by the executive director that a person or corporation has engaged in or is about to engage in these acts or practices. The commission may contract with the Department of the California Highway Patrol or a sheriff to assist in enforcement of an order for vehicle impound. Any costs incurred by the commission for that assistance are not assignable to the carrier as an expense of impound.
5415.5. When the executive director of the commission determines that any charter-party carrier of passengers, or any officer, director, or agent of any charter-party carrier of passengers, has engaged in, is engaged in, or is about to engage in, any acts or practices in violation of this chapter, or any order, decision, rule, regulation, direction, demand, or requirement issued under this chapter, the executive director may make application to the superior court for an order enjoining those acts or practices or for an order directing compliance. The court may grant a permanent or temporary injunction, restraining order, or other order, including, but not limited to, an order allowing vehicles used for subsequent operations subject to the order to be impounded at the carriers expense and subject to release only by subsequent court order following a petition to the court by the defendant or owner of the vehicle, upon a showing by the executive director that a person or corporation has engaged in or is about to engage in these acts or practices. The commission may contract with the Department of the California Highway Patrol or a sheriff to assist in enforcement of an order for vehicle impound. Any costs incurred by the commission for that assistance are not assignable to the carrier as an expense of impound.
(a)The commission, through its enforcement, consumer protection, or legal staff, shall have the authority to impound a vehicle owned or operated by a passenger stage corporation for up to 30 days, if the commission, or its enforcement, consumer protection, or legal staff, determines that the passenger stage corporation, or any officer, director, or agent of the passenger stage corporation, has, on more than one occasion, engaged in any acts or practices in violation of subdivision (c) of Section 14602.9 of the Vehicle Code. The commission shall not exercise this authority until it amends its existing general orders, resolutions, or decisions as necessary to provide for a prompt and fair administrative review of the decision to impound a vehicle and shall adopt all existing impoundment protections and rules as outlined in Section 14602.9 of the Vehicle Code. The commission shall not exercise this authority absent the presence of an officer of the Department of the California Highway Patrol or an officer of an appropriate law enforcement agency in the city, county, or city and county where the vehicle is located, unless impoundment occurs on airport property.
(b)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 pursuant to this section, and any parking fines, penalties, and administrative fees incurred by the registered owner.
(c)This section shall become operative on July 1, 2019.
(a)The commission, through its enforcement, consumer protection, or legal staff, shall have the authority to impound a vehicle owned or operated by a charter-party carrier for up to 30 days, if the commission, or its enforcement, consumer protection, or legal staff, determines that the charter-party carrier, or any officer, director, or agent of the charter-party carrier, has, on more than one occasion, engaged in any acts or practices in violation of subdivision (b) of Section 14602.9 of the Vehicle Code. The commission shall not exercise this authority until it amends its existing general orders, resolutions, or decisions as necessary to provide for a prompt and fair administrative review of its decision to impound a vehicle and shall adopt all existing impoundment protections and rules as outlined in Section 14602.9 of the Vehicle Code. The commission shall not exercise this authority absent the presence of an officer of the Department of the California Highway Patrol or an officer of an appropriate law enforcement agency in the city, county, or city and county where the vehicle is located, unless impoundment occurs on airport property.
(b)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 pursuant to this section, and any parking fines, penalties, and administrative fees incurred by the registered owner.