BILL NUMBER: AB 45 CHAPTERED
BILL TEXT
CHAPTER 461
FILED WITH SECRETARY OF STATE SEPTEMBER 23, 2012
APPROVED BY GOVERNOR SEPTEMBER 23, 2012
PASSED THE SENATE AUGUST 29, 2012
PASSED THE ASSEMBLY AUGUST 30, 2012
AMENDED IN SENATE AUGUST 24, 2012
AMENDED IN SENATE AUGUST 6, 2012
AMENDED IN SENATE JUNE 7, 2012
AMENDED IN SENATE JUNE 14, 2011
AMENDED IN ASSEMBLY MAY 9, 2011
AMENDED IN ASSEMBLY APRIL 11, 2011
AMENDED IN ASSEMBLY MARCH 29, 2011
INTRODUCED BY Assembly Member Hill
(Coauthors: Senators Alquist and Lieu)
DECEMBER 6, 2010
An act to amend Section 5384.5 of, to add Section 5355.5 to, and
to repeal and add Section 5384.1 of, the Public Utilities Code, and
to amend Section 23229.1 of, and to add Section 40000.20 to, the
Vehicle Code, relating to charter-party carriers of passengers.
LEGISLATIVE COUNSEL'S DIGEST
AB 45, Hill. Charter-party carriers of passengers: alcoholic
beverages: open containers.
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, except as
specified, requires the driver of any limousine for hire operated by
a charter-party carrier of passengers (carrier) under a valid
certificate or permit to comply with prescribed requirements relating
to alcoholic beverages, including ascertaining whether any passenger
is under the age of 21 years, reading to the passenger a statement
that the consumption of any alcoholic beverage in the vehicle is
unlawful, requiring such a passenger to sign the statement, and, if a
minor passenger, after signing the statement, is found to be, or to
have been, consuming any alcoholic beverage during the course of the
ride, immediately terminating the contract of hire and returning the
passenger to the point of origin. The act also subjects the carrier
to specified civil penalties, based on the number of offenses, for
conviction of a driver, or any officer, director, agent, or employee
of the carrier, of a violation of the Vehicle Code that prohibits
storage of an opened container of an alcoholic beverage in a motor
vehicle.
This bill would repeal the above-described provisions concerning
the responsibilities of a driver of a limousine for hire operated by
a carrier relating to the consumption of alcoholic beverages by
passengers under 21 years of age. The bill would instead require the
charter-party carrier of passengers to ask the chartering party, as
defined, to disclose at the time transportation service is
prearranged or the contract of carriage is made and, upon being
asked, would require the chartering party to disclose (1) if
alcoholic beverages will be served by the chartering party, as
defined, or be transported in the passenger compartment of the
vehicle during transportation and (2) if any member of the party to
be provided with transportation services will be under 21 years of
age. The bill would require the charting party to designate a
designee, as defined, and would impose different requirements for a
designee of the chartering party and the driver of the vehicle
depending upon the presence of specified circumstances. The bill
would make the designee or, when present, the parent or legal
guardian legally responsible for any reasonably foreseeable personal
injury or property damage that is proximately caused by a violation
of laws prohibiting the consumption of alcoholic beverages by a
person under 21 years of age when alcoholic beverages are consumed
during the provision of transportation services under certain
circumstances. The bill would make failure to comply with certain of
its requirements a misdemeanor and would make any violation of its
requirements by a charter-party carrier of passengers or its driver
subject to civil penalties imposed by the commission. The bill, by
creating a new crime, would impose a state-mandated local program.
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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known and may be cited as the Brett
Studebaker Law.
SEC. 2. Section 5355.5 is added to the Public Utilities Code, to
read:
5355.5. (a) "Chartering party" means the person, corporation, or
other entity that prearranges with a charter-party carrier of
passengers for transportation services.
(b) "Designee" means a person who is 25 years of age or older and
who is designated by the chartering party as being the person
responsible for compliance with the requirements of Section 5384.1
during the provision of transportation services whenever persons
under 21 years of age are to be transported unaccompanied by a parent
or legal guardian. If the chartering party is a person and the minor
is not accompanied by a parent or legal guardian, the chartering
party shall be the designee unless the chartering party identifies
another person to be the designee and the person so designated
acknowledges and agrees that he or she is the designee. If there is
more than one chartering party for a joint carriage of passengers,
each chartering party shall designate a designee who is responsible
for compliance with the requirements of Section 5384.1 whenever
persons under 21 years of age are to be transported unaccompanied by
a parent or legal guardian, and that person shall be the designee
only for those passengers provided with transportation services on
behalf of that chartering party.
SEC. 3. Section 5384.1 of the Public Utilities Code is repealed.
SEC. 4. Section 5384.1 is added to the Public Utilities Code, to
read:
5384.1. (a) At the time transportation service is prearranged or
the contract of carriage is made, the charter-party carrier of
passengers shall ask the chartering party and, upon being asked, the
chartering party shall disclose to the charter-party carrier of
passengers, whether the following are true:
(1) Alcoholic beverages will be served by the chartering party or
be transported in the passenger compartment of the vehicle during
transportation.
(2) A member of the party to be provided with transportation
services will be under 21 years of age.
(b) If, at the time transportation was prearranged with the
charter-party carrier of passengers, the chartering party discloses
that alcoholic beverages will be served or transported in the
passenger compartment and a member of the party is under 21 years of
age, each of the following applies:
(1) The charter-party carrier of passengers, at the time
transportation services are arranged, shall notify the chartering
party of all of the following:
(A) A designee who is 25 years of age or older shall be present
whenever persons under 21 years of age who are not accompanied by a
parent or legal guardian are being transported.
(B) The designee shall make reasonable efforts to ensure
compliance with all laws prohibiting the consumption of alcoholic
beverages by persons under 21 years of age who are members of the
party and are not accompanied by a parent or legal guardian.
(C) The designee shall check the identifications of all passengers
to determine who is under 21 years of age and shall read the
statement specified in paragraph (7) to each passenger in the party
who is under 21 years of age. The driver shall not commence transport
until the designee has verified with the driver that the designee
has checked the identifications of all passengers and has read the
statement. If passengers are picked up at more than one location, the
driver shall not commence transport from the subsequent location
until the designee has verified with the driver that the designee has
checked the identifications of all passengers boarding the vehicle
at that location and has read the statement to all passengers
boarding the vehicle at that location.
(D) The designee shall notify the driver of the vehicle if, at any
time during the trip, a passenger in their party who is under 21
years of age is consuming or has consumed alcoholic beverages.
(E) The designee shall be responsible for any reasonably
foreseeable personal injury or property damage that is proximately
caused by the consumption of alcoholic beverages by a person under 21
years of age while being supplied with transportation services if
the designee knew or reasonably should have known that the person is
under 21 years of age or has consumed alcoholic beverages while being
supplied with transportation services.
(F) If a trip is terminated because of the consumption of
alcoholic beverages by a person under 21 years of age who is a member
of their party, the designee's responsibility for that minor shall
continue until that person who is under 21 years of age is returned
safely to his or her home or entrusted into the care of his or her
parent or legal guardian or taken to a location reasonably believed
to be safer than his or her home.
(2) (A) The charter-party carrier of passengers shall provide a
copy of the written form described in paragraph (4) to the chartering
party and shall verify the written form has been returned with the
signature of the designee no later than 72 hours prior to the
commencement of the travel date. If the transportation service is
prearranged within 72 hours of the travel date, the charter-party
carrier of passengers shall immediately provide the written form
described in paragraph (4) to the chartering party as a stand-alone
form separate from the contract of carriage, to be returned prior to
the commencement of transportation services with the signature of the
designee. A charter-party carrier of passengers may supply the
chartering party with additional forms for a replacement designee in
the event the planned designee is unable to accompany the party
during transport. The charter-party carrier of passengers shall
verify the written form of a replacement designee has been returned
with the signature of the replacement designee no later than 72 hours
prior to the commencement of the travel date.
(B) (i) If the charter-party carrier of passengers does not
provide the written notice specified in subparagraph (A), and the
designee does not return the signed form prior to the commencement of
the transport, the charter-party carrier of passengers shall do any
of the following:
(I) Provide a designee who is not the driver and shall incur any
and all liabilities of that designee.
(II) Remove and lock all alcoholic beverages in the vehicle's
trunk or other locked compartment.
(III) Prohibit all persons under 21 years of age from boarding the
vehicle.
(IV) Cancel the trip and refund all payments for the
transportation services.
(ii) A charter-party carrier of passengers that fails to comply
with clause (i) shall incur the liabilities of a designee.
(3) The charter-party carrier of passengers shall inform the
driver of the vehicle that alcohol will be present and that there
will be persons under 21 years of age present during the provision of
transportation services and the name of the designee.
(4) The driver of the vehicle shall obtain the designee's
signature or initials on a written form indicating the designee's
acknowledgment and agreement to all of the following:
(A) Alcoholic beverages will be served by the chartering party or
be transported in the passenger compartment of the vehicle during
transportation.
(B) A member of the party to be provided with transportation
services will be under 21 years of age.
(C) The person signing or initialing is the designee and is 25
years of age or older.
(D) The designee shall make reasonable efforts to ensure
compliance with all laws prohibiting the consumption of alcoholic
beverages by persons under 21 years of age who are members of the
party and are not accompanied by a parent or legal guardian.
(E) The designee must check the identifications of all passengers
to determine who is under 21 years of age and shall read the
statement specified in paragraph (7) to each passenger in the party
who is under 21 years of age. The driver will not commence
transportation services until the designee has verified with the
driver that the designee has checked the identifications of all
passengers and has read the statement. If passengers are to be picked
up at more than one location, the driver will not commence transport
from the subsequent location until the designee has verified with
the driver that the designee has checked the identifications of all
passengers boarding the vehicle at that location and has read the
statement to all passengers boarding the vehicle at that location.
(F) The designee is responsible for notifying the driver of the
vehicle if, at any time during the trip, a passenger in their party
who is under 21 years of age is consuming or has consumed alcoholic
beverages and that the designee is in violation of the law if he or
she fails to notify the driver.
(G) The designee is legally responsible for any reasonably
foreseeable personal injury or property damage that is proximately
caused by the consumption of alcoholic beverages by a person under 21
years of age while being supplied with transportation services if
the designee knew or reasonably should have known that the person is
under 21 years of age and is consuming or has consumed alcoholic
beverages while being supplied with transportation services.
(H) If a trip is terminated because of the consumption of
alcoholic beverages by a person under 21 years of age who is a member
of their party, the designee's responsibility for that person under
21 years of age continues until that person who is under 21 years of
age is returned safely to his or her home or entrusted into the care
of his or her parent or legal guardian or taken to a location
reasonably believed to be safer than his or her home.
(5) The designee shall be a passenger of the vehicle during the
provision of transportation services and shall make reasonable
efforts to ensure the lawful conduct of all persons in the vehicle
who are members of the party who are under 21 years of age and who
are not accompanied by a parent or legal guardian.
(6) (A) The designee shall make reasonable efforts to ensure
compliance with all laws related to the consumption of alcoholic
beverages by persons in the party who are under 21 years of age and
who are not accompanied by a parent or legal guardian.
(B) The designee shall make reasonable efforts to ensure
compliance with all laws prohibiting the providing of alcoholic
beverages to persons under 21 years of age by adult members of the
party who are 21 years of age or older.
(C) If a person under 21 years of age is accompanied by a parent
or legal guardian, then the parent or legal guardian shall make
reasonable efforts to ensure that person complies with laws
prohibiting the consumption of alcoholic beverages.
(D) A designee or, when present, the parent or legal guardian who
fails to act reasonably shall be responsible for any reasonably
foreseeable personal injury or property damage that is proximately
caused by a violation of laws prohibiting the consumption of
alcoholic beverages by a person under 21 years of age when alcoholic
beverages are consumed during the provision of transportation
services if the designee, parent, or legal guardian knew or
reasonably should have known that the person is under 21 years of age
and is consuming or has consumed alcoholic beverages during the
provision of transportation services.
(E) Nothing in this paragraph limits the right of a designee to
seek indemnity from any person, corporation, or other entity other
than the charter-party carrier of passengers.
(F) Nothing in this section relieves a passenger of legal
responsibility for his or her own conduct.
(7) (A) The designee shall read the following statement to those
persons under 21 years of age:
"Consumption of alcoholic beverages by persons under 21 years of
age is illegal. It is also illegal for an adult to provide alcoholic
beverages to a person under 21 years of age. If you consume alcoholic
beverages, this trip will be terminated and all payments for
transportation services shall be forfeited and not subject to refund."
(B) The terms of the statement required to be read pursuant to
subparagraph (A) shall be a part of the contract of carriage between
the charter-party carrier of passengers and the chartering party.
(8) (A) If, during the course of providing transportation
services, any person under 21 years of age is found to be, or to have
been, consuming any alcoholic beverage, the designee shall
immediately notify the driver and the driver shall terminate the
trip. All passengers, including all passengers of a joint carriage if
more than one party is participating in the trip, shall be brought
back to the point of origin of the trip. All payment for
transportation services shall be forfeited and not subject to refund.
(B) Should the designee, or when present, the parent or legal
guardian, fail to inform the driver, or if the designee, parent, or
legal guardian permits the drinking of alcoholic beverages by persons
under 21 years of age to occur in the vehicle, the designee, parent,
or legal guardian shall be subject to prosecution for violation of
subdivision (a) of Section 25658 of the Business and Professions
Code.
(c) If, at the time transportation is prearranged with the
charter-party carrier of passengers, the chartering party discloses
that alcoholic beverages will be served or transported in the
passenger compartment, but that no member of the party is or will be
under 21 years of age, each of the following applies:
(1) If the driver has reason to believe that passengers under 21
years of age will be present during transportation services, the
driver shall verify the age of all passengers to be transported in
the vehicle with the chartering party or designee.
(2) If any passenger is under 21 years of age, the failure to
disclose the age of this passenger is a violation of the contract of
carriage, and transportation services shall be terminated, and no
refund given, unless all alcoholic beverages are removed and locked
in the vehicle trunk or other locked compartment.
(d) If, at the time transportation is prearranged with the
charter-party carrier of passengers, the chartering party discloses
that a member of the party is under 21 years of age, but that no
alcoholic beverages will be served or transported in the passenger
compartment, each of the following applies:
(1) If the driver of the vehicle has reason to believe that
alcoholic beverages are, or will be, transported in the vehicle and
accessible to passengers, the driver shall verify whether alcoholic
beverages were brought into the vehicle.
(2) If alcoholic beverages were brought into the vehicle without
prior notification to the charter-party carrier of passengers, that
act is a violation of the contract of carriage, and the
transportation services shall be terminated, and no refund given,
unless all alcoholic beverages are removed and locked in the vehicle
trunk or other locked compartment.
(e) (1) If the driver is informed or learns that alcoholic
beverages will be served or transported in the passenger compartment
and a member of the party is under 21 years of age, the failure by
the driver to do any of the following is a misdemeanor:
(A) To commence or continue transport without a designee who is 25
years of age or older present, unless the person who is under 21
years of age is accompanied by a parent or guardian.
(B) To commence transport without obtaining the designee's
signature or initials on the form described in paragraph (4) of
subdivision (b).
(C) To commence transport without the designee verifying to the
driver that the designee has checked the identifications of all
passengers to determine who is under 21 years of age and read the
statement specified in paragraph (7) of subdivision (b) to each
member of the party who is under 21 years of age.
(D) To not terminate the trip and to return the chartering party
to the place of origin if informed by the designee or, if present, a
parent or guardian, that a person under 21 years of age is consuming
or has consumed alcoholic beverages or by otherwise learning that a
person under 21 years of age is consuming or has consumed alcoholic
beverages.
(2) If the driver is informed or learns that alcoholic beverages
will be served or transported in the passenger compartment and is
informed that no member of the party is under 21 years of age, the
failure to do any of the following is a misdemeanor:
(A) To fail to take reasonable steps to verify the age of any
passenger reasonably believed to be under 21 years of age.
(B) To commence transport if a party member is under 21 years of
age, unless all alcoholic beverages are removed and locked in the
vehicle trunk or other locked compartment.
(C) To not terminate the trip and to return the chartering party
to the place of origin if the driver learns that a person under 21
years of age is consuming or has consumed alcoholic beverages.
(3) If the driver is informed or learns that one or more members
of the party are under 21 years of age and is informed that no
alcoholic beverages will be served or transported in the passenger
compartment, the failure to do any of the following is a misdemeanor.
(A) If the driver reasonably believes that alcoholic beverages
were brought into the vehicle, to fail to take reasonable steps to
verify that no alcoholic beverages were brought into the vehicle.
(B) To commence or continue transport if the driver learns that
alcoholic beverages were brought onto the vehicle, unless all
alcoholic beverages are removed and locked in the vehicle trunk or
other locked compartment.
(f) A failure by the designee to do any of the following is a
misdemeanor:
(1) To check the identifications of all passengers to determine
who is under 21 years of age.
(2) To read the statement specified in paragraph (7) of
subdivision (b) to each passenger in the party who is under 21 years
of age.
(3) To notify the driver of the vehicle if, at any time during the
trip, a passenger in the designee's party who is under 21 years of
age is consuming or has consumed alcoholic beverages.
(4) Upon termination of a trip because of the consumption of
alcoholic beverages by a person under 21 years of age, to safely
return any person under 21 years of age who is a member of the
designee's party to his or her home, to take him or her to a location
reasonably believed to be safer than his or her home, or to entrust
him or her into the care of his or her parent or legal guardian.
(g) When present, the failure of a parent or guardian to notify
the driver when a member of the party who is under 21 years of age
and for whom the parent or guardian is responsible is consuming or
has consumed alcoholic beverages during the provision of
transportation services is guilty of a misdemeanor.
(h) If the commission, after a hearing, finds that a charter-party
carrier of passengers or the driver of a charter-party carrier of
passengers has violated this section, the commission shall do the
following:
(1) For a first violation, the commission shall impose a civil
penalty of not more than two thousand dollars ($2,000) upon the
carrier, as determined appropriate by the commission.
(2) For a second violation, the commission shall impose a civil
penalty of not more than two thousand dollars ($2,000) upon the
carrier or may suspend the carrier's certificate or permit for not
more than 30 days, or both, as determined appropriate by the
commission.
(3) For a third violation, the commission shall revoke the carrier'
s certificate or permit.
(i) The authority granted the commission in subdivision (h) is in
addition to any authority the commission has to enforce the
requirements of this chapter, and the commission may impose any
penalties available pursuant to this chapter for a violation of this
section.
(j) Nothing in this section shall change the liability of a party
knowingly furnishing the alcoholic beverage to a person who they know
or reasonably should know to be under 21 years of age.
SEC. 5. Section 5384.5 of the Public Utilities Code is amended to
read:
5384.5. If the driver of any charter-party carrier of passengers
for hire operating under a valid certificate or permit, or any
officer, director, agent, or employee of a charter-party carrier of
passengers operating vehicles used in the transportation of
passengers for hire under such a certificate or permit, is convicted
of a violation of Section 23225 of the Vehicle Code, the commission,
after a hearing, shall do the following:
(a) For a first offense, the commission may impose a civil penalty
of not more than two thousand dollars ($2,000) upon the carrier, as
determined appropriate by the commission.
(b) For a second offense, the commission may impose a civil
penalty of not more than two thousand dollars ($2,000) upon the
carrier or suspend the carrier's certificate or permit for not more
than 30 days, or both, as determined appropriate by the commission.
(c) For a third offense, the commission shall revoke the carrier's
certificate or permit.
SEC. 6. Section 23229.1 of the Vehicle Code is amended to read:
23229.1. (a) Subject to subdivision (b), Sections 23223 and 23225
apply to any driver providing transportation services on a
prearranged basis as a charter-party carrier of passengers, as
defined in Section 5360 of the Public Utilities Code, when the driver
of the vehicle transports any passenger under 21 years of age and
fails to comply with the requirements of Section 5384.1 of the Public
Utilities Code.
(b) For purposes of subdivision (a), it is not a violation of
Section 23225 for any driver providing transportation services on a
prearranged basis as a charter-party carrier of passengers that is
licensed pursuant to the Public Utilities Code to keep any bottle,
can, or other receptacle containing any alcoholic beverage in a
locked utility compartment within the area occupied by the driver and
passengers.
(c) In addition to the requirements of Section 1803, every clerk
of a court in which any driver in subdivision (a) was convicted of a
violation of Section 23225 shall prepare within 10 days after
conviction, and immediately forward to the Public Utilities
Commission at its office in San Francisco, an abstract of the record
of the court covering the case in which the person was convicted. If
sentencing is not pronounced in conjunction with the conviction, the
abstract shall be forwarded to the commission within 10 days after
sentencing, and the abstract shall be certified, by the person
required to prepare it, to be true and correct. For the purposes of
this subdivision, a forfeiture of bail is equivalent to a conviction.
SEC. 7. Section 40000.20 is added to the Vehicle Code, to read:
40000.20. A third or subsequent violation of Section 23225,
relating to the storage of an opened container of an alcoholic
beverage, or Section 23223, relating to the possession of an open
container of an alcoholic beverage, of a driver of any vehicle used
to provide transportation services on a prearranged services,
operating under a valid certificate or permit pursuant to the
Passenger Charter-party Carriers' Act (Chapter 8 (commencing with
Section 5351) of Division 2 of the Public Utilities Code), is a
misdemeanor.
SEC. 8. 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.