BILL NUMBER: AB 2591 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 17, 2004
AMENDED IN ASSEMBLY MAY 5, 2004
INTRODUCED BY Assembly Member Leno
FEBRUARY 20, 2004
An act to amend Sections 5371.4, 5411, and 5411.5 of
5411.5, 5412.2, and 5413.5 of, and to add Section
5381.5 to, the Public Utilities Code, relating to charter-party
carriers.
LEGISLATIVE COUNSEL'S DIGEST
AB 2591, as amended, Leno. Charter-party carriers: limousines.
(1) The California Constitution establishes the Public Utilities
Commission, with jurisdiction over all public utilities, and
authorizes the Legislature, unlimited by the other provisions of the
Constitution, to confer additional authority and jurisdiction upon
the commission, that is cognate and germane to the regulation of
public utilities. Charter-party carriers of passengers 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 carrier's operation
or, in the case of some carriers, to obtain a permit to conduct
operations issued by the commission , and to operate within
the state on a prearranged basis, as defined . The act
prohibits the commission from issuing or renewing a permit unless the
applicant has met specified requirements, including the submission
of specified filing fees. The act does not apply to transportation
service, other than transportation service furnished in a limousine
for hire, rendered wholly within the corporate limits of a single
city or city and county and licensed or regulated by ordinance. The
act prohibits the governing body of any city, county, or city and
county from imposing business license fees on charter-party carriers
operating limousines, but authorizes the governing body of any city,
county, or city and county to impose a business license fee on any
charter-party carrier domiciled or maintaining a business office
within that city, county, or city and county. The act prohibits the
governing body of an airport from imposing vehicle safety, licensing,
or insurance requirements on charter-party carriers operating
limousines that are more burdensome than those imposed by the
commission, with certain exceptions pertaining to airport operations.
The act requires a charter-party carrier of passengers to
operate on a prearranged basis within the state, defined to mean that
the transportation of the prospective passenger was arranged with
the carrier by the passenger, or a representative of the passenger,
either by written contract or telephone.
This bill would authorize a city, county, or city and county to
impose reasonable rules for the inspection of waybills of
charter-party carriers of passengers operating within the
jurisdiction of the city, county, or city and county , for
purposes of verifying valid prearranged travel .
This bill would require that the commission ensure that
charter-party carriers of passengers operate on a prearranged basis
within the state. The bill would require the commission to require
every charter-party carrier of passengers include on a waybill or
trip report, the name of at least one passenger in the traveling
party, or identifying information of the traveling party's
affiliation, along with the point of origin and destination of the
passenger or traveling party, and information as to whether the
transportation was arranged by telephone or written contract.
(2) 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 two 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.
This bill would additionally authorize a peace officer,
as defined, that arrests a person for operating a charter-party
carrier of passengers without a valid certificate or permit
as a taxicab in violation of an ordinance or
resolution of a city, county, or city and county, to impound
and retain possession of the vehicle, subject to certain exceptions
and provisions for notice and return of the vehicle. The
bill would make the operation of a motor vehicle without possession
of a valid permit or operating authority a public nuisance and would
authorize any peace officer to remove any motor vehicle located
within the territorial limits in which the officer may act, when the
vehicle is found upon a public highway and is being used in a manner
constituting a public nuisance. The bill would authorize the law
enforcement agency to impound the vehicle for a period not to exceed
72 hours, upon the request of the commission, the Attorney General,
district attorney, city attorney, or county counsel, to enable the
requesting agency to abate the public nuisance, to obtain an order
from the superior court of the county in which the vehicle has been
impounded to prevent the use of the motor vehicle in violation of
law, and to obtain any other available remedy.
(3) Existing law requires that when a person is convicted of
operating a charter-party carrier of passengers or a taxicab, as
defined, without a valid certificate or permit, if the court
determines the operator has the ability to pay, the court impose a
fine not exceeding $1,000 for the first conviction, a fine not
exceeding $2,000 for the second conviction, a fine not exceeding
$3,000 for the third conviction, a fine not exceeding $4,000 for the
fourth conviction, and a fine not exceeding $5,000 for the fifth
conviction.
This bill would instead require that when a person is convicted of
operating a charter-party carrier of passengers or a taxicab, as
defined, without a valid certificate or permit, if the court
determines the operator has the ability to pay, the court impose a
fine not exceeding $5,000.
(4) Existing law provides that whenever the commission, after a
hearing, finds that any person or corporation is operating as a
charter-party carrier of passengers without a valid certificate or
permit, or fails to include certain identifying information in a
public advertisement, the commission is authorized to impose a fine
of not more than $5,000 for each violation, and to assess an amount
sufficient to cover certain expenses of the commission. Existing law
prohibits a charter-party carrier of passengers from advertising its
services, or in any manner representing its services, as being a
taxicab or taxi service.
This bill would provide that whenever the commission, after a
hearing, finds that any person or corporation is operating a
charter-party carrier of passengers as a taxicab without a valid
certificate or permit in violation of an ordinance or resolution of a
city, county, or city and county, the commission is authorized to
impose a fine of not more than $5,000 for each violation, and to
assess an amount sufficient to cover certain expenses of the
commission.
(5) 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.
(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.
Vote: majority. Appropriation: no. Fiscal committee:
no yes . State-mandated local program:
no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5371.4 of the Public Utilities Code is amended
to read:
5371.4. (a) The governing body of any city, county, or city and
county may not impose a fee on charter-party carriers operating
limousines. However, the governing body of any city, county, or city
and county may impose a business license fee on, and may adopt and
enforce any reasonable rules and regulations pertaining to operations
within its boundaries for, any charter-party carrier domiciled or
maintaining a business office within that city, county, or city and
county.
(b) The governing body of any airport may not impose vehicle
safety, vehicle licensing, or insurance requirements on charter-party
carriers operating limousines that are more burdensome than those
imposed by the commission. However, the governing board of any
airport may require a charter-party carrier operating limousines to
obtain an airport permit for operating authority at the airport.
(c) Notwithstanding subdivisions (a) and (b), the governing body
of any airport may adopt and enforce reasonable and nondiscriminatory
local airport rules, regulations, and ordinances pertaining to
access, use of streets and roads, parking, traffic control, passenger
transfers, trip fees, and occupancy, and the use of buildings and
facilities, that are applicable to charter-party carriers operating
limousines on airport property.
(d) This section does not apply to any agreement entered into
pursuant to Sections 21690.5 to 21690.9, inclusive, between the
governing body of an airport and charter-party carriers operating
limousines.
(e) The commission shall conduct an audit and review of the annual
gross revenues earned by charter-party carriers operating limousines
for the purpose of ascertaining whether the imposition of additional
fees based on a charter-party carrier's gross annual revenues would
place an undue administrative or financial burden on the
charter-party carrier industry. The commission shall report its
findings to the Legislature on or before June 30, 1992.
(f) The governing body of any airport shall not impose a fee based
on gross receipts of charter-party carriers operating limousines.
(g) Notwithstanding subdivisions (a) to (f), inclusive, nothing in
this section prohibits a city, county, city and county, or the
governing body of any airport, from adopting and enforcing reasonable
permit requirements, fees, rules, and regulations applicable to
charter-party carriers of passengers other than those operating
limousines.
(h) Notwithstanding subdivisions (a) to (f), inclusive, a city,
county, or city and county may impose reasonable rules for the
inspection of waybills of charter-party carriers of passengers
operating within the jurisdiction of the city, county, or city and
county , for purposes of verifying valid prearranged travel
.
(i) For the purposes of this section, "limousine" includes any
luxury sedan, of either standard or extended length, with a seating
capacity of not more than nine passengers including the driver, used
in the transportation of passengers for hire on a prearranged basis
within this state.
SEC. 2. Section 5411 of the Public Utilities Code is amended to
read:
5411. (a) Every charter-party carrier of passengers and every
officer, director, agent, or employee of any charter-party carrier of
passengers who violates or who fails to comply with, or who
procures, aids, or abets any violation by any charter-party carrier
of passengers of any provision of this chapter, or who fails to obey,
observe, or comply with any order, decision, rule, regulation,
direction, demand, or requirement of the commission, or of any
operating permit or certificate issued to any charter-party carrier
of passengers, or who procures, aids, or abets any charter-party
carrier of passengers in its failure to obey, observe, or comply with
any commission order, decision, rule, regulation, direction, demand,
or requirement, or any operating permit or certificate, is guilty of
a misdemeanor and is punishable by fine of not more than one
thousand dollars ($1,000) or by imprisonment in the county jail for
not more than three months, or both.
(b) The operation of a motor vehicle used as a charter-party
carrier of passengers that does not possess a valid permit or
operating authority, as required by Article 2 (commencing with
Section 5371), constitutes a public nuisance. Any peace officer, as
defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2 of the Penal Code, may remove any motor vehicle located within
the territorial limits in which the officer may act, when the
vehicle is found upon a public highway and is being used in a manner
constituting a public nuisance. At the request of the commission,
the Attorney General, district attorney, city attorney, or county
counsel, the law enforcement agency may impound the vehicle for a
period not to exceed 72 hours to enable the requesting agency to
abate the public nuisance, to obtain an order from the superior court
of the county in which the vehicle has been impounded to prevent the
use of the motor vehicle in violation of law, and to obtain any
other remedy available under law as permitted by Section 5416.
SEC. 2. Section 5381.5 is added to the Public Utilities Code, to
read:
5381.5. The commission shall, by rule or other appropriate
procedure, ensure that every charter-party carrier of passengers
operates on a prearranged basis within the state, consistent with
Section 5360.5. The commission shall require every charter-party
carrier of passengers to include on a waybill or trip report, all of
the following:
(a) The name of at least one passenger in the traveling party, or
identifying information of the traveling party's affiliation, along
with the point of origin and destination of the passenger or
traveling party.
(b) Information as to whether the transportation was arranged by
telephone or written contract.
SEC. 3. Section 5411.5 of the Public Utilities Code is amended to
read:
5411.5. (a) Whenever a peace officer, as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal Code,
arrests a person for a violation of Section 5411 involving the
operation of a charter-party carrier of passengers without a valid
certificate or permit at a public airport, within 100 feet of a
public airport, or within two miles of the international border
between the United States and Mexico , the peace officer may
impound and retain possession of the vehicle used in violation of
Section 5411.
(b) Whenever a peace officer, as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal Code,
arrests a person for operating a charter-party carrier of passengers
as a taxicab in violation of an ordinance or resolution of a city,
county, or city and county, the peace officer may impound and retain
possession of the vehicle.
(c) If the vehicle is seized from a person who is not the
owner of the vehicle, the impounding authority shall immediately give
notice to the owner by first-class mail.
(c)
(d) The vehicle shall immediately be returned to the owner
without cost to the owner if the infraction or violation is not
prosecuted or is dismissed, the owner is found not guilty of the
offense, or it is determined that the vehicle was used in violation
of Section 5411 without the knowledge and consent of the owner.
Otherwise, the vehicle shall be returned to the owner upon payment of
any fine ordered by the court. After the expiration of six weeks
from the final disposition of the criminal case, the impounding
authority may deal with the vehicle as lost or abandoned property
under Section 1411 of the Penal Code.
(d)
(e) At any time, a person may make a motion in superior
court for the immediate return of the vehicle on the ground that
there was no probable cause to seize it or that there is some other
good cause, as determined by the court, for the return of the
vehicle. A proceeding under this section is a limited civil case.
(e)
(f) No peace officer, however, may impound any vehicle owned
or operated by a nonprofit organization exempt from taxation
pursuant to Section 501(c)(3) of the Internal Revenue Code which
serves youth or senior citizens and provides transportation
incidental to its programs or services.
SEC. 4. Section 5412.2 of the Public Utilities Code is amended to
read:
5412.2. (a) When a person is convicted of the offense of
the operating of a charter-party
carrier of passengers or a taxicab without a valid certificate or
permit, in addition to any other penalties provided by law, if the
court determines the operator has the ability to pay, the court shall
impose a mandatory fine not exceeding one thousand dollars
($1,000) for the first conviction, not exceeding two thousand dollars
($2,000) for the second conviction, not exceeding three thousand
dollars ($3,000) for the third conviction, not exceeding four
thousand dollars ($4,000) for the fourth conviction, and not
exceeding five thousand dollars ($5,000) for the
fifth conviction .
(b) As used in this section, "taxicab" means a passenger vehicle
designed for carrying not more than eight persons, excluding the
driver, and used to carry passengers for hire. "Taxicab" shall not
include a charter-party carrier of passengers within the meaning of
the Passenger Charter-Party Carriers' Act, Chapter 8 (commencing with
Section 5351).
SEC. 5. Section 5413.5 of the Public Utilities Code is amended to
read:
5413.5. (a) Whenever the commission, after hearing,
finds that any person or corporation is operating as a charter-party
carrier of passengers without a valid certificate or permit, or fails
to include in any public advertisement the number of the permit or
identifying symbol required by Section 5386, the commission may
impose a fine of not more than five thousand dollars ($5,000) for
each violation. The commission may assess the person or corporation
an amount sufficient to cover the reasonable expense of
investigation incurred by the commission. The commission may assess
interest on any fine or assessment imposed, to commence on the day
the payment of the fine or assessment becomes delinquent. All fines,
assessments, and interest collected shall be deposited at least once
each month in the General Fund.
(b) Whenever the commission, after hearing, finds that any person
or corporation is operating a charter-party carrier of passengers as
a taxicab without a valid certificate or permit in violation of an
ordinance or resolution of a city, county, or city and county, the
commission may impose a fine of not more than five thousand dollars
($5,000) for each violation. The commission may assess the person or
corporation an amount sufficient to cover the reasonable expense of
investigation incurred by the commission. The commission may assess
interest on any fine or assessment imposed, to commence on the day
the payment of the fine or assessment becomes delinquent. All fines,
assessments, and interest collected shall be deposited at least once
each month in the General Fund.
SEC. 6. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.