as amended, Nazarian.
begin deleteAutomated enforcement systems. end delete
Existing law requires the minimum yellow light change interval at an intersection at which there is an automated enforcement system in operation to be established in accordance with the Traffic Manual of the Department of Transportation. Existing law provides that the minimum yellow light change intervals relating to designated approach speeds provided in the manual are mandatory minimum yellow light change intervals.end delete
This bill, instead, would require the minimum yellow light change interval for all movements at an intersection at which there is an automated enforcement system in operation to be established at one second beyond the yellow light change intervals relating to designated approach speeds provided in the California Manual on Uniform Traffic Control Devices, or its successor. The bill would provide that those minimum yellow light change intervals are mandatory minimum yellow light change intervals, and that a citation issued by a law enforcement agency shall be dismissed if the local governmental agency or local authority has not established the yellow light change intervals in compliance with the requirements of this section.end delete
begin deleteno end delete.
State-mandated local program: begin deleteno end delete.
The people of the State of California do enact as follows:
Subject to the exclusions of Section 5353, “charter-party
4carrier of passengers” means every person engaged in the
5transportation of persons by motor vehicle for compensation,
6whether in common or contract carriage, over any public highway
7in this state.
9“Charter-party carrier of passengers” includes any person,
10corporation, or other entity engaged in the provision of a hired
11driver service when a rented motor vehicle is being operated by a
(a) (1) Before a permit or certificate is issued or
16renewed, the commission shall require the applicant to establish
17reasonable fitness and financial responsibility to initiate and
18conduct or continue to conduct the proposed or existing
19transportation services. The commission shall not issue or renew
20a permit or certificate pursuant to this chapter unless the applicant
21meets all of the following requirements:
P4 1(A) It is financially and organizationally capable of conducting
2an operation that complies with the rules and regulations of the
3Department of the California Highway Patrol governing highway
5(B) It is committed to observing the hours of service regulations
6of state and, where applicable, federal law, for all persons, whether
7employees or subcarriers, operating vehicles in transportation for
8compensation under the certificate.
9(C) It has a preventive maintenance program in effect for its
10vehicles used in transportation for compensation that conforms to
11regulations of the Department of the California Highway Patrol
12in Title 13 of the California Code of Regulations.
13(D) It participates in
begin delete a programend delete to regularly check the
15driving records of all persons, whether employees or subcarriers,
16operating vehicles used in transportation for compensation.
17(E) It has a safety education and training program in effect for
18all employees or subcarriers operating vehicles used in
19transportation for compensation.
20(F) It will maintain its vehicles used in transportation for
21compensation in a safe operating condition and in compliance with
22the Vehicle Code and with regulations contained in Title 13 of the
23California Code of Regulations relative to motor vehicle safety.
24(G) It has filed with the commission the certificate of workers’
25compensation insurance coverage or statement required by Section
27(H) It has provided the commission an address of an office or
28terminal where documents supporting the factual matters specified
29in the showing required by this subdivision may be inspected by
30the commission and the Department of the California Highway
32(I) It provides for a mandatory controlled substance and alcohol
33testing certification program as adopted by the commission
34pursuant to Section 1032.1.
35(J) Subparagraphs (C), (F), and (H) do not apply to a
36charter-party carrier of passengers engaged in the provision of a
37 hired driver service when a rented motor vehicle is being operated
38by the hired driver.
39(2) With respect to subparagraphs (B) and (F) of paragraph (1),
40the commission may base a finding on a certification by the
P5 1commission that an applicant has filed, with the commission, a
2sworn declaration of ability to comply and intent to comply.
3(3) The commission may require, as a precondition to the
4issuance of a permit or certificate, the procurement of a
5performance bond sufficient to facilitate the collection of fines,
6penalties, and restitution related to enforcement actions that can
7be taken against the applicant.
8(b) In addition to the requirements in subdivision (a),
9charter-party carriers shall meet all other state and, where
10applicable, federal regulations as prescribed.
11(c) The commission may delegate to its executive director or
12that executive director’s designee the authority to issue, renew, or
13authorize the transfer of, charter-party carrier permits or certificates
14and to make the findings specified in subdivision (a) that are
15necessary to that delegated authority.
For motor vehicles designed to carry not more than
28eight passengers, including the driver, the commission shall issue
29a suitable decal for purposes of Section 5385, for each vehicle
30registered with the commission and operated by a charter-party
31carrier of passengers holding a valid permit or certificate of public
32convenience and necessity. The decal with an identifying symbol shall be a minimum
35size of two and one-half inches by six inches, and shall be affixed
36to the lower right hand corner of the rear bumper of the vehicle.
(a) No charter-party carrier shall operate a limousine as defined by
2Section 5371.4 unless the limousine is equipped with the special
3license plates issued and distributed by the Department of Motor
4Vehicles pursuant to Section 5011.5 of the Vehicle Code.
5(b) The commission shall issue to each charter-party carrier
6operating limousines a permit or certificate for the number of
7vehicles verified by the carrier as employed in providing limousine
8service. The permit or certificate shall be submitted to the
9 Department of Motor Vehicles, which will issue to each verified
10vehicle a set of unique, identifying license plates. The department
11shall maintain a record of each set of plates it issues and provide
12a copy of each record to the commission.
13(c) The commission shall recover from any carrier whose permit
14or certificate is cancelled, suspended, or revoked any and all plates
15issued pursuant to this section.
16(d) The special license plate shall be in lieu of the decal required
17to be issued and displayed pursuant to Section 5385.5.
18(e) This section shall become operative on July 1, 1995.end delete
The commission shall, in granting permits or a
22certificate pursuant to this chapter, require the charter-party carrier
23of passengers to procure, and to continue in effect during the life
24of the permit or certificate, adequate protection against liability
25imposed by law upon the charter-party carrier of passengers for
26the payment of damages for personal bodily injuries, including
27death resulting therefrom, protection against a total liability of the
28charter-party carrier of passengers on account of bodily injuries
29to, or death of, more than one person as a result of any one accident,
30and protection against damage or destruction of property. The minimum requirements for
begin delete suchend delete assurances of
34protection against liability shall not be less than the requirements
begin delete whichend delete are applicable to operations conducted under certificates
36of public convenience and necessity issued pursuant to the
37provisions of Article 2 (commencing with Section 1031), Chapter
385, Part 1, Division 1, of this code, and the rules and regulations
39prescribed pursuant thereto shall apply to charter-party carriers of
Section 21455.7 of the Vehicle Code is amended
(a) At an intersection at which there is an automated
29enforcement system in operation, the minimum yellow light change
30interval for all movements shall be established at one second
31beyond the yellow light change intervals relating to designated
32approach speeds provided in the California Manual on Uniform
33Traffic Control Devices, or its successor.
34(b) The minimum yellow light change intervals established
35pursuant to subdivision (a) are mandatory minimum yellow light
36change intervals. A citation issued by a law enforcement agency
37shall be dismissed if the local governmental agency or local
38authority has not established the yellow light change intervals in
39compliance with the requirements of this section.
P8 1(c) A yellow light change interval may exceed the minimum
2interval established pursuant to subdivision (a).