AB 636 — Charter-party carriers: busdrivers.

Summary

(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 to operate a charter-party carrier or to permanently bar from receiving a permit or certificate from the commission a charter-party carrier that, among other things, operates a bus without having been issued a permit from the commission, operates a bus with a permit that was suspended by the commission for specified reasons, has one or more buses improperly registered with the Department of Motor Vehicles, or knowingly employs a busdriver who has not been issued the required driver's license of the proper class, a passenger vehicle endorsement, or the required certificate to drive a bus. The bill also would suspend for a period of 5 years a person who drives a bus for a charter-party carrier without having been issued the proper driver's license of the proper class, passenger vehicle endorsement, or the required certificate from driving a bus of any kind. The bill would require the Department of Motor Vehicles to refuse to issue or renew, or to suspend or revoke, that person's passenger vehicle endorsement and would provide that such a person would be ineligible for a passenger vehicle endorsement that would permit him or her to drive a bus, as defined, for 5 years. The bill would also authorize a charter-party carrier subject to the bar described above, that has received a notice of refusal or revocation of its permit to operate pursuant to these provisions, to submit a written request for a specified hearing within 15 days after the mailing of the notice. The bill would authorize an officer of the Department of the California Highway Patrol to impound a bus of a charter-party carrier that is operating a bus without having been issued a permit or certificate from the commission, operates a bus with a suspended permit or certificate from the commission, or is operating a bus that is being driven by a driver to whom the appropriate driver's license of the proper class, a passenger vehicle endorsement, or the required certificate has not been issued. The bill would also prohibit the commission from issuing a new permit or certificate to operate a charter-party carrier if an officer, director, or owner of that charter-party carrier was an officer, director, or owner of a charter-party carrier that had its authority to operate as a charter-party carrier permanently revoked by the commission or was permanently barred from receiving a permit or certificate from the commission pursuant to these provisions. (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) Existing law requires the clerk of a court in which a person was convicted of a violation of the Vehicle Code to prepare within 5 days after conviction and immediately forward to the Department of Motor Vehicles an abstract of the record of the court covering the case in which the person was so convicted. This bill would expand the Vehicle Code violations that the clerk of a court is required to report to the department to include violations of specified provisions of the Public Utilities Code, which include driving a bus for a charter-party carrier without having a current and valid driver's license of the proper class, a passenger vehicle endorsement, or the required certificate, as specified. (4) This bill would incorporate additional changes in Section 1803 of the Vehicle Code proposed by AB 134, that would become operative only if AB 134 and this bill are both chaptered and become effective on or before January 1, 2010, and this bill is chaptered last. (5) This bill would become operative only if AB 951 of the 2009–10 Regular Session is enacted and becomes operative on or before January 1, 2010. (6) 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.

Bill Text

• Chaptered 10/11/09 - Chaptered Current pdf October 11, 2009
• Enrolled 09/16/09 - Enrolled pdf September 16, 2009
• Amended 09/04/09 - Amended Senate pdf September 04, 2009
• Amended 09/01/09 - Amended Senate pdf September 01, 2009
• Amended 07/16/09 - Amended Senate pdf July 16, 2009
• Amended 06/26/09 - Amended Senate pdf June 26, 2009
• Amended 06/23/09 - Amended Senate pdf June 23, 2009
• Amended 04/13/09 - Amended Assembly pdf April 13, 2009
• Introduced 02/25/09 - Introduced pdf February 25, 2009
• AB636 View text html

Action History

1. October 11, 2009

   Chaptered by Secretary of State - Chapter 248, Statutes of 2009.

2. October 11, 2009

   Approved by the Governor.

3. September 17, 2009

   Enrolled and to the Governor at 2 p.m.

4. September 10, 2009

   Senate amendments concurred in. To enrollment. (Ayes 79. Noes 0. Page 3288.)

5. September 10, 2009

   In Assembly. Concurrence in Senate amendments pending.

6. September 09, 2009

   Read third time, passed, and to Assembly. (Ayes 26. Noes 6. Page 2321.)

7. September 08, 2009

   Read second time. To third reading.

8. September 04, 2009

   Read third time, amended. To second reading.

9. September 01, 2009

   Read second time and amended. Ordered to third reading.

10. August 31, 2009

    From committee: Amend, and do pass as amended. (Ayes 10. Noes 2.) (August 27).

11. August 17, 2009

    In committee: Placed on Appropriations suspense file.

12. July 16, 2009

    Read second time, amended, and re-referred to Com. on APPR.

13. July 15, 2009

    From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 8. Noes 3.) (July 14).

14. July 08, 2009

    From committee: Do pass, and re-refer to Com. on T. & H. Re-referred. (Ayes 11. Noes 0.) (July 7).

15. July 01, 2009

    In committee: Hearing postponed by committee.

16. June 29, 2009

    In committee: Hearing postponed by committee.

17. June 26, 2009

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E., U., & C.

18. June 23, 2009

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E., U., & C.

19. June 11, 2009

    Referred to Coms. on E., U., & C. and T. & H.

20. May 14, 2009

    In Senate. Read first time. To Com. on RLS. for assignment.

21. May 14, 2009

    Read third time, passed, and to Senate. (Ayes 73. Noes 0. Page 1469.)

22. May 11, 2009

    Read second time. To Consent Calendar.

23. May 07, 2009

    From committee: Do pass. To Consent Calendar. (May 6).

24. April 28, 2009

    From committee: Do pass, and re-refer to Com. on APPR. with recommendation: To Consent Calendar. Re-referred. (Ayes 13. Noes 0.) (April 27).

25. April 21, 2009

    From committee: Do pass, and re-refer to Com. on TRANS. Re-referred. (Ayes 15. Noes 0.) (April 20).

26. April 14, 2009

    Re-referred to Com. on U. & C.

27. April 13, 2009

    From committee chair, with author's amendments: Amend, and re-refer to Com. on U. & C. Read second time and amended.

28. March 23, 2009

    Referred to Coms. on U. & C. and TRANS.

29. February 26, 2009

    From printer. May be heard in committee March 28.

30. February 25, 2009

    Read first time. To print.

Sponsors

• Jones · Primary
• Salas · Cosponsor
• Lieu · Cosponsor

Votes

Subjects