| 1 | | - | Enrolled August 26, 2022 Passed IN Senate August 23, 2022 Passed IN Assembly August 24, 2022 Amended IN Senate June 30, 2022 Amended IN Senate June 06, 2022 Amended IN Assembly April 18, 2022 Amended IN Assembly March 17, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2716Introduced by Assembly Member GraysonFebruary 18, 2022 An act to add Section 5445.4 to the Public Utilities Code, relating to transportation. LEGISLATIVE COUNSEL'S DIGESTAB 2716, Grayson. Transportation network companies: participating drivers: safety courses.The Passenger Charter-party Carriers Act provides for the regulation of transportation network companies by the Public Utilities Commission. The act defines a transportation network company to mean an organization operating in California that provides prearranged transportation services for compensation using an online-enabled application or platform to connect passengers with drivers using a personal vehicle, as provided. The act also defines a participating driver as any person who uses a vehicle in connection with a transportation network companys online-enabled application or platform to connect with passengers. The act requires a participating driver to possess a valid drivers license, as specified. Under existing law, a violation of the act is a crime.This bill would require a transportation network company, on and after July 1, 2023, to require a participating driver, at no cost to the driver, to complete a safety course that includes specified components once every 2 years as a condition of using the transportation network companys online-enabled application or platform to connect with passengers. The bill would also require a transportation network company to require a vehicle to satisfy the vehicle inspection requirements established by the commission before allowing a participating driver to operate the vehicle as part of its service, and every 12 months or 50,000 miles thereafter, whichever occurs first, as specified. Because a violation of these requirements under the act would be a crime, the bill would impose a state-mandated local program. The bill would require a transportation network company to compensate a participating driver for completing the safety course.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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 5445.4 is added to the Public Utilities Code, to read:5445.4. (a) On and after July 1, 2023, a transportation network company shall require a participating driver, at no cost to the driver, to complete a safety course once every two years as a condition of using the transportation network companys online-enabled application or platform to connect with passengers. The safety course shall include, but is not limited to, all of the following components:(1) Training regarding road safety and defensive driving practices, such as avoiding speeding, collisions, and driving while drowsy.(2) Distracted driving training, which includes appropriate use, mounting, and view of mobile devices.(3) Training regarding passenger interactions including deescalation training, and protocols for managing intoxicated, unruly, or violent passengers, as well as unaccompanied minors.(4) Training on how to comply with vehicle inspection requirements established by the commission.(b) A transportation network company shall compensate a participating driver for completing the safety course required pursuant to subdivision (a).(c) (1) A transportation network company shall require a vehicle to satisfy the vehicle inspection requirements established by the commission before allowing a participating driver to operate the vehicle as part of its service, and every 12 months or 50,000 miles thereafter, whichever occurs first. Inspections shall be performed by a mechanic affiliated with a facility licensed by the Bureau of Automotive Repair on location or remotely.(2) The commission may revise the frequency with which vehicle inspections pursuant to paragraph (1) are conducted based on vehicle safety incident data.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. |
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| 1 | + | Amended IN Senate June 30, 2022 Amended IN Senate June 06, 2022 Amended IN Assembly April 18, 2022 Amended IN Assembly March 17, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2716Introduced by Assembly Member GraysonFebruary 18, 2022 An act to add Section 5445.4 to the Public Utilities Code, relating to transportation. LEGISLATIVE COUNSEL'S DIGESTAB 2716, as amended, Grayson. Transportation network companies: participating drivers: safety courses.The Passenger Charter-party Carriers Act provides for the regulation of transportation network companies by the Public Utilities Commission. The act defines a transportation network company to mean an organization operating in California that provides prearranged transportation services for compensation using an online-enabled application or platform to connect passengers with drivers using a personal vehicle, as provided. The act also defines a participating driver as any person who uses a vehicle in connection with a transportation network companys online-enabled application or platform to connect with passengers. The act requires a participating driver to possess a valid drivers license, as specified. Under existing law, a violation of the act is a crime.This bill would require a transportation network company, on and after July 1, 2023, to require a participating driver, at no cost to the driver, to complete a safety course that includes specified components once every 2 years as a condition of using the transportation network companys online-enabled application or platform to connect with passengers. The bill would also require a transportation network company to require a vehicle to satisfy the vehicle inspection requirements established by the commission before allowing a participating driver to operate the vehicle as part of its service, and every 12 months or 50,000 miles thereafter, whichever occurs first, as specified. Because a violation of this requirement these requirements under the act would be a crime, the bill would impose a state-mandated local program. The bill would require a transportation network company to compensate a participating driver for completing the safety course.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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 5445.4 is added to the Public Utilities Code, to read:5445.4. (a) On and after July 1, 2023, a transportation network company shall require a participating driver, at no cost to the driver, to complete a safety course once every two years as a condition of using the transportation network companys online-enabled application or platform to connect with passengers. The safety course shall include, but is not limited to, all of the following components:(1) Training regarding road safety and defensive driving practices, such as avoiding speeding, collisions, and driving while drowsy.(2) Distracted driving training, which includes appropriate use, mounting, and view of mobile devices.(3) Training regarding passenger interactions including deescalation training, and protocols for managing intoxicated, unruly, or violent passengers, as well as unaccompanied minors.(4) Training on how to comply with vehicle inspection requirements established by the commission.(b) A transportation network company shall compensate a participating driver for completing the safety course required pursuant to subdivision (a).(c) (1) A transportation network company shall require a vehicle to satisfy the vehicle inspection requirements established by the commission before allowing a participating driver to operate the vehicle as part of its service, and every 12 months or 50,000 miles thereafter, whichever occurs first. Inspections shall be performed by a mechanic affiliated with a facility licensed by the Bureau of Automotive Repair on location or remotely.(2) The commission may revise the frequency with which vehicle inspections pursuant to paragraph (1) are conducted based on vehicle safety incident data.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. |
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| 3 | | - | Enrolled August 26, 2022 Passed IN Senate August 23, 2022 Passed IN Assembly August 24, 2022 Amended IN Senate June 30, 2022 Amended IN Senate June 06, 2022 Amended IN Assembly April 18, 2022 Amended IN Assembly March 17, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2716Introduced by Assembly Member GraysonFebruary 18, 2022 An act to add Section 5445.4 to the Public Utilities Code, relating to transportation. LEGISLATIVE COUNSEL'S DIGESTAB 2716, Grayson. Transportation network companies: participating drivers: safety courses.The Passenger Charter-party Carriers Act provides for the regulation of transportation network companies by the Public Utilities Commission. The act defines a transportation network company to mean an organization operating in California that provides prearranged transportation services for compensation using an online-enabled application or platform to connect passengers with drivers using a personal vehicle, as provided. The act also defines a participating driver as any person who uses a vehicle in connection with a transportation network companys online-enabled application or platform to connect with passengers. The act requires a participating driver to possess a valid drivers license, as specified. Under existing law, a violation of the act is a crime.This bill would require a transportation network company, on and after July 1, 2023, to require a participating driver, at no cost to the driver, to complete a safety course that includes specified components once every 2 years as a condition of using the transportation network companys online-enabled application or platform to connect with passengers. The bill would also require a transportation network company to require a vehicle to satisfy the vehicle inspection requirements established by the commission before allowing a participating driver to operate the vehicle as part of its service, and every 12 months or 50,000 miles thereafter, whichever occurs first, as specified. Because a violation of these requirements under the act would be a crime, the bill would impose a state-mandated local program. The bill would require a transportation network company to compensate a participating driver for completing the safety course.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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES |
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| 3 | + | Amended IN Senate June 30, 2022 Amended IN Senate June 06, 2022 Amended IN Assembly April 18, 2022 Amended IN Assembly March 17, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2716Introduced by Assembly Member GraysonFebruary 18, 2022 An act to add Section 5445.4 to the Public Utilities Code, relating to transportation. LEGISLATIVE COUNSEL'S DIGESTAB 2716, as amended, Grayson. Transportation network companies: participating drivers: safety courses.The Passenger Charter-party Carriers Act provides for the regulation of transportation network companies by the Public Utilities Commission. The act defines a transportation network company to mean an organization operating in California that provides prearranged transportation services for compensation using an online-enabled application or platform to connect passengers with drivers using a personal vehicle, as provided. The act also defines a participating driver as any person who uses a vehicle in connection with a transportation network companys online-enabled application or platform to connect with passengers. The act requires a participating driver to possess a valid drivers license, as specified. Under existing law, a violation of the act is a crime.This bill would require a transportation network company, on and after July 1, 2023, to require a participating driver, at no cost to the driver, to complete a safety course that includes specified components once every 2 years as a condition of using the transportation network companys online-enabled application or platform to connect with passengers. The bill would also require a transportation network company to require a vehicle to satisfy the vehicle inspection requirements established by the commission before allowing a participating driver to operate the vehicle as part of its service, and every 12 months or 50,000 miles thereafter, whichever occurs first, as specified. Because a violation of this requirement these requirements under the act would be a crime, the bill would impose a state-mandated local program. The bill would require a transportation network company to compensate a participating driver for completing the safety course.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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES |
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| 39 | 36 | | |
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| 40 | 37 | | 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. |
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| 41 | 38 | | |
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| 42 | 39 | | This bill would provide that no reimbursement is required by this act for a specified reason. |
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| 43 | 40 | | |
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| 44 | 41 | | ## Digest Key |
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| 45 | 42 | | |
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| 46 | 43 | | ## Bill Text |
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| 47 | 44 | | |
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| 48 | 45 | | The people of the State of California do enact as follows:SECTION 1. Section 5445.4 is added to the Public Utilities Code, to read:5445.4. (a) On and after July 1, 2023, a transportation network company shall require a participating driver, at no cost to the driver, to complete a safety course once every two years as a condition of using the transportation network companys online-enabled application or platform to connect with passengers. The safety course shall include, but is not limited to, all of the following components:(1) Training regarding road safety and defensive driving practices, such as avoiding speeding, collisions, and driving while drowsy.(2) Distracted driving training, which includes appropriate use, mounting, and view of mobile devices.(3) Training regarding passenger interactions including deescalation training, and protocols for managing intoxicated, unruly, or violent passengers, as well as unaccompanied minors.(4) Training on how to comply with vehicle inspection requirements established by the commission.(b) A transportation network company shall compensate a participating driver for completing the safety course required pursuant to subdivision (a).(c) (1) A transportation network company shall require a vehicle to satisfy the vehicle inspection requirements established by the commission before allowing a participating driver to operate the vehicle as part of its service, and every 12 months or 50,000 miles thereafter, whichever occurs first. Inspections shall be performed by a mechanic affiliated with a facility licensed by the Bureau of Automotive Repair on location or remotely.(2) The commission may revise the frequency with which vehicle inspections pursuant to paragraph (1) are conducted based on vehicle safety incident data.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. |
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| 49 | 46 | | |
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| 50 | 47 | | The people of the State of California do enact as follows: |
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| 51 | 48 | | |
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| 52 | 49 | | ## The people of the State of California do enact as follows: |
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| 53 | 50 | | |
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| 54 | 51 | | SECTION 1. Section 5445.4 is added to the Public Utilities Code, to read:5445.4. (a) On and after July 1, 2023, a transportation network company shall require a participating driver, at no cost to the driver, to complete a safety course once every two years as a condition of using the transportation network companys online-enabled application or platform to connect with passengers. The safety course shall include, but is not limited to, all of the following components:(1) Training regarding road safety and defensive driving practices, such as avoiding speeding, collisions, and driving while drowsy.(2) Distracted driving training, which includes appropriate use, mounting, and view of mobile devices.(3) Training regarding passenger interactions including deescalation training, and protocols for managing intoxicated, unruly, or violent passengers, as well as unaccompanied minors.(4) Training on how to comply with vehicle inspection requirements established by the commission.(b) A transportation network company shall compensate a participating driver for completing the safety course required pursuant to subdivision (a).(c) (1) A transportation network company shall require a vehicle to satisfy the vehicle inspection requirements established by the commission before allowing a participating driver to operate the vehicle as part of its service, and every 12 months or 50,000 miles thereafter, whichever occurs first. Inspections shall be performed by a mechanic affiliated with a facility licensed by the Bureau of Automotive Repair on location or remotely.(2) The commission may revise the frequency with which vehicle inspections pursuant to paragraph (1) are conducted based on vehicle safety incident data. |
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| 55 | 52 | | |
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| 56 | 53 | | SECTION 1. Section 5445.4 is added to the Public Utilities Code, to read: |
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| 57 | 54 | | |
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| 58 | 55 | | ### SECTION 1. |
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| 59 | 56 | | |
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| 60 | 57 | | 5445.4. (a) On and after July 1, 2023, a transportation network company shall require a participating driver, at no cost to the driver, to complete a safety course once every two years as a condition of using the transportation network companys online-enabled application or platform to connect with passengers. The safety course shall include, but is not limited to, all of the following components:(1) Training regarding road safety and defensive driving practices, such as avoiding speeding, collisions, and driving while drowsy.(2) Distracted driving training, which includes appropriate use, mounting, and view of mobile devices.(3) Training regarding passenger interactions including deescalation training, and protocols for managing intoxicated, unruly, or violent passengers, as well as unaccompanied minors.(4) Training on how to comply with vehicle inspection requirements established by the commission.(b) A transportation network company shall compensate a participating driver for completing the safety course required pursuant to subdivision (a).(c) (1) A transportation network company shall require a vehicle to satisfy the vehicle inspection requirements established by the commission before allowing a participating driver to operate the vehicle as part of its service, and every 12 months or 50,000 miles thereafter, whichever occurs first. Inspections shall be performed by a mechanic affiliated with a facility licensed by the Bureau of Automotive Repair on location or remotely.(2) The commission may revise the frequency with which vehicle inspections pursuant to paragraph (1) are conducted based on vehicle safety incident data. |
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| 61 | 58 | | |
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| 62 | 59 | | 5445.4. (a) On and after July 1, 2023, a transportation network company shall require a participating driver, at no cost to the driver, to complete a safety course once every two years as a condition of using the transportation network companys online-enabled application or platform to connect with passengers. The safety course shall include, but is not limited to, all of the following components:(1) Training regarding road safety and defensive driving practices, such as avoiding speeding, collisions, and driving while drowsy.(2) Distracted driving training, which includes appropriate use, mounting, and view of mobile devices.(3) Training regarding passenger interactions including deescalation training, and protocols for managing intoxicated, unruly, or violent passengers, as well as unaccompanied minors.(4) Training on how to comply with vehicle inspection requirements established by the commission.(b) A transportation network company shall compensate a participating driver for completing the safety course required pursuant to subdivision (a).(c) (1) A transportation network company shall require a vehicle to satisfy the vehicle inspection requirements established by the commission before allowing a participating driver to operate the vehicle as part of its service, and every 12 months or 50,000 miles thereafter, whichever occurs first. Inspections shall be performed by a mechanic affiliated with a facility licensed by the Bureau of Automotive Repair on location or remotely.(2) The commission may revise the frequency with which vehicle inspections pursuant to paragraph (1) are conducted based on vehicle safety incident data. |
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| 63 | 60 | | |
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| 64 | 61 | | 5445.4. (a) On and after July 1, 2023, a transportation network company shall require a participating driver, at no cost to the driver, to complete a safety course once every two years as a condition of using the transportation network companys online-enabled application or platform to connect with passengers. The safety course shall include, but is not limited to, all of the following components:(1) Training regarding road safety and defensive driving practices, such as avoiding speeding, collisions, and driving while drowsy.(2) Distracted driving training, which includes appropriate use, mounting, and view of mobile devices.(3) Training regarding passenger interactions including deescalation training, and protocols for managing intoxicated, unruly, or violent passengers, as well as unaccompanied minors.(4) Training on how to comply with vehicle inspection requirements established by the commission.(b) A transportation network company shall compensate a participating driver for completing the safety course required pursuant to subdivision (a).(c) (1) A transportation network company shall require a vehicle to satisfy the vehicle inspection requirements established by the commission before allowing a participating driver to operate the vehicle as part of its service, and every 12 months or 50,000 miles thereafter, whichever occurs first. Inspections shall be performed by a mechanic affiliated with a facility licensed by the Bureau of Automotive Repair on location or remotely.(2) The commission may revise the frequency with which vehicle inspections pursuant to paragraph (1) are conducted based on vehicle safety incident data. |
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| 65 | 62 | | |
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| 66 | 63 | | |
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| 67 | 64 | | |
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| 68 | 65 | | 5445.4. (a) On and after July 1, 2023, a transportation network company shall require a participating driver, at no cost to the driver, to complete a safety course once every two years as a condition of using the transportation network companys online-enabled application or platform to connect with passengers. The safety course shall include, but is not limited to, all of the following components: |
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| 69 | 66 | | |
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| 70 | 67 | | (1) Training regarding road safety and defensive driving practices, such as avoiding speeding, collisions, and driving while drowsy. |
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| 71 | 68 | | |
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| 72 | 69 | | (2) Distracted driving training, which includes appropriate use, mounting, and view of mobile devices. |
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| 73 | 70 | | |
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| 74 | 71 | | (3) Training regarding passenger interactions including deescalation training, and protocols for managing intoxicated, unruly, or violent passengers, as well as unaccompanied minors. |
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| 75 | 72 | | |
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| 76 | 73 | | (4) Training on how to comply with vehicle inspection requirements established by the commission. |
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| 77 | 74 | | |
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| 78 | 75 | | (b) A transportation network company shall compensate a participating driver for completing the safety course required pursuant to subdivision (a). |
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| 79 | 76 | | |
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| 80 | 77 | | (c) (1) A transportation network company shall require a vehicle to satisfy the vehicle inspection requirements established by the commission before allowing a participating driver to operate the vehicle as part of its service, and every 12 months or 50,000 miles thereafter, whichever occurs first. Inspections shall be performed by a mechanic affiliated with a facility licensed by the Bureau of Automotive Repair on location or remotely. |
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| 81 | 78 | | |
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| 82 | 79 | | (2) The commission may revise the frequency with which vehicle inspections pursuant to paragraph (1) are conducted based on vehicle safety incident data. |
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| 83 | 80 | | |
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| 84 | 81 | | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. |
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| 85 | 82 | | |
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| 86 | 83 | | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. |
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| 87 | 84 | | |
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| 88 | 85 | | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. |
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| 89 | 86 | | |
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| 90 | 87 | | ### SEC. 2. |
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