Amended in Senate August 2, 2016

Amended in Senate June 23, 2016

Amended in Senate May 27, 2016

Amended in Senate April 14, 2016

Amended in Senate September 4, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 650


Introduced by Assembly Member Low

February 24, 2015


An act to amend Section 85 of the Code of Civil Procedure, to repeal Sections 53075.5, 53075.6, 53075.61, 53075.7, 53075.8, and 53075.9 of the Government Code, to amend Section 830.7 of the Penal Code, to amend Sections 5353, 5411.5, 5412.2, 5413.5, and 120269 of, and to add Chapter 8.5 (commencing with Section 5451) to Division 2 of, the Public Utilities Code, and to amend Sections 1808.1, 12523.6, 21100, 21100.4, and 27908 of the Vehicle Code, relating to transportation.

LEGISLATIVE COUNSEL’S DIGEST

AB 650, as amended, Low. Public Utilities Commission: regulation of taxicabs.

Existing law provides for regulation of various types of passenger carriers by the Public Utilities Commission, including passenger stage corporations and charter-party carriers of passengers. Existing law, among other transportation services, provides for regulation of limousines and transportation network companies by the commission as charter-party carriers of passengers. Existing law requires every city and county to adopt an ordinance to regulate taxicab service within its jurisdiction, and exempts taxicab service from commission regulation.

This bill would enact the Taxicab Transportation Services Act and provide for the statewide regulation of taxicab transportation services by the commission, except taxicab transportation services originating in the City and County of San Francisco and at the San Francisco International Airport, which would continue to be locally regulated, but would be subject to a requirement for taxicab carriers to monitor the driving records of taxicab drivers. The bill would provide for issuance of permits by the commission elsewhere in the state to taxicab carriers authorizing carriers to operate. The bill would specify the requirements that taxicab drivers in commission jurisdiction must meet. The bill would enact various provisions relating to insurance, vehicle inspections, monitoring of taxicab drivers, and other matters relating to taxicab carriers in commission jurisdiction. The bill wouldbegin delete authorizeend deletebegin insert requireend insert the commission to require the disclosure ofbegin delete fares and fees,end deletebegin insert fares, fees and rates,end insert as specified. The bill would prohibit entities from providing taxicab transportation services in commission jurisdiction without the required permit, and would provide for the commission to investigate and take action against unlicensed activity. The bill would require the commission to adopt a general order pertaining to taxicab carriers, and would authorize peace officers to enforce the provisions of the bill and the general order. The bill would repeal provisions providing for city and county regulation of taxicab services, but would authorize airports to continue to regulate the provision of taxicab transportation services to and from airports. The bill would require cities and counties that license taxicab services as of December 31, 2016, excluding the City and County of San Francisco, to forward to the commission licensure information for each licensee, as specified, and would thereby impose a state-mandated local program. The bill also would make conforming changes to other related provisions.

A violation of the Taxicab Transportation Services Act would be a crime and in certain cases would also be subject to a civil penalty. The bill would also require applications for taxicab carrier permits to be verified under oath, and would require certain statements by taxicab carriers relative to workers’ compensation to be submitted to the commission under penalty of perjury. The bill would thereby impose a state-mandated local program by creating new crimes.

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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P3    1

SECTION 1.  

Section 85 of the Code of Civil Procedure is
2amended to read:

3

85.  

An action or special proceeding shall be treated as a limited
4civil case if all of the following conditions are satisfied, and,
5notwithstanding any statute that classifies an action or special
6proceeding as a limited civil case, an action or special proceeding
7shall not be treated as a limited civil case unless all of the following
8conditions are satisfied:

9(a) The amount in controversy does not exceed twenty-five
10thousand dollars ($25,000). As used in this section, “amount in
11controversy” means the amount of the demand, or the recovery
12sought, or the value of the property, or the amount of the lien, that
13is in controversy in the action, exclusive of attorneys’ fees, interest,
14and costs.

15(b) The relief sought is a type that may be granted in a limited
16civil case.

17(c) The relief sought, whether in the complaint, a
18cross-complaint, or otherwise, is exclusively of a type described
19in one or more statutes that classify an action or special proceeding
20as a limited civil case or that provide that an action or special
21proceeding is within the original jurisdiction of the municipal
22court, including, but not limited to, the following provisions:

23(1) Section 798.61 or 798.88 of the Civil Code.

24(2) Section 1719 of the Civil Code.

25(3) Section 3342.5 of the Civil Code.

26(4) Section 86.

P4    1(5) Section 86.1.

2(6) Section 1710.20.

3(7) Section 7581 of the Food and Agricultural Code.

4(8) Section 12647 of the Food and Agricultural Code.

5(9) Section 27601 of the Food and Agricultural Code.

6(10) Section 31503 of the Food and Agricultural Code.

7(11) Section 31621 of the Food and Agricultural Code.

8(12) Section 52514 of the Food and Agricultural Code.

9(13) Section 53564 of the Food and Agricultural Code.

10(14) Section 53069.4 of the Government Code.

11(15) Section 5411.5 of the Public Utilities Code.

12(16) Section 5460.12 of the Public Utilities Code.

13(17) Section 9872.1 of the Vehicle Code.

14(18) Section 10751 of the Vehicle Code.

15(19) Section 14607.6 of the Vehicle Code.

16(20) Section 40230 of the Vehicle Code.

17(21) Section 40256 of the Vehicle Code.

18

SEC. 2.  

Section 53075.5 of the Government Code is repealed.

19

SEC. 3.  

Section 53075.6 of the Government Code is repealed.

20

SEC. 4.  

Section 53075.61 of the Government Code is repealed.

21

SEC. 5.  

Section 53075.7 of the Government Code is repealed.

22

SEC. 6.  

Section 53075.8 of the Government Code is repealed.

23

SEC. 7.  

Section 53075.9 of the Government Code is repealed.

24

SEC. 8.  

Section 830.7 of the Penal Code is amended to read:

25

830.7.  

The following persons are not peace officers but may
26exercise the powers of arrest of a peace officer as specified in
27Section 836 during the course and within the scope of their
28employment, if they successfully complete a course in the exercise
29of those powers pursuant to Section 832:

30(a) Persons designated by a cemetery authority pursuant to
31Section 8325 of the Health and Safety Code.

32(b) Persons regularly employed as security officers for
33independent institutions of higher education, recognized under
34subdivision (b) of Section 66010 of the Education Code, if the
35institution has concluded a memorandum of understanding,
36permitting the exercise of that authority, with the sheriff or the
37chief of police within whose jurisdiction the institution lies.

38(c) Persons regularly employed as security officers for health
39facilities, as defined in Section 1250 of the Health and Safety Code,
40that are owned and operated by cities, counties, and cities and
P5    1counties, if the facility has concluded a memorandum of
2understanding, permitting the exercise of that authority, with the
3sheriff or the chief of police within whose jurisdiction the facility
4lies.

5(d) Employees or classes of employees of the California
6Department of Forestry and Fire Protection designated by the
7Director of Forestry and Fire Protection, provided that the primary
8duty of the employee shall be the enforcement of the law as that
9duty is set forth in Section 4156 of the Public Resources Code.

10(e) Persons regularly employed as inspectors, supervisors, or
11security officers for transit districts, as defined in Section 99213
12of the Public Utilities Code, if the district has concluded a
13memorandum of understanding permitting the exercise of that
14authority, with, as applicable, the sheriff, the chief of police, or
15the Department of the California Highway Patrol within whose
16jurisdiction the district lies. For the purposes of this subdivision,
17the exercise of peace officer authority may include the authority
18to remove a vehicle from a railroad right-of-way as set forth in
19Section 22656 of the Vehicle Code.

20(f) Nonpeace officers regularly employed as county parole
21officers pursuant to Section 3089.

22(g) Persons appointed by the Executive Director of the California
23Science Center pursuant to Section 4108 of the Food and
24Agricultural Code.

25(h) Persons regularly employed as investigators by the
26 Department of Transportation for the City of Los Angeles and
27designated by local ordinance as public officers, to the extent
28necessary to enforce laws related to public transportation, and
29authorized by a memorandum of understanding with the chief of
30police, permitting the exercise of that authority. For the purposes
31of this subdivision, “investigator” means an employee authorized
32by local ordinance to enforce laws related to public transportation.
33Transportation investigators authorized by this section shall not
34be deemed “peace officers” for purposes of Sections 241 and 243.

35(i) Persons regularly employed by any department of the City
36of Los Angeles who are designated as security officers and
37authorized by local ordinance to enforce laws related to the
38preservation of peace in or about the properties owned, controlled,
39operated, or administered by any department of the City of Los
40Angeles and authorized by a memorandum of understanding with
P6    1the Chief of Police of the City of Los Angeles permitting the
2exercise of that authority. Security officers authorized pursuant to
3this subdivision shall not be deemed peace officers for purposes
4of Sections 241 and 243.

5(j) Illegal dumping enforcement officers or code enforcement
6officers, to the extent necessary to enforce laws related to illegal
7waste dumping or littering, and authorized by a memorandum of
8understanding with, as applicable, the sheriff or chief of police
9within whose jurisdiction the person is employed, permitting the
10exercise of that authority. An “illegal dumping enforcement officer
11or code enforcement officer” is defined, for purposes of this
12section, as a person employed full time, part time, or as a volunteer
13after completing training prescribed by law, by a city, county, or
14city and county, whose duties include illegal dumping enforcement
15and who is designated by local ordinance as a public officer. An
16illegal dumping enforcement officer or code enforcement officer
17may also be a person who is not regularly employed by a city,
18county, or city and county, but who has met all training
19requirements and is directly supervised by a regularly employed
20illegal dumping enforcement officer or code enforcement officer
21conducting illegal dumping enforcement. This person shall not
22have the power of arrest or access to summary criminal history
23information pursuant to this section. No person may be appointed
24as an illegal dumping enforcement officer or code enforcement
25officer if that person is disqualified pursuant to the criteria set forth
26in Section 1029 of the Government Code. Persons regularly
27employed by a city, county, or city and county designated pursuant
28to this subdivision may be furnished state summary criminal history
29information upon a showing of compelling need pursuant to
30subdivision (c) of Section 11105.

31

SEC. 9.  

Section 5353 of the Public Utilities Code is amended
32to read:

33

5353.  

This chapter does not apply to any of the following:

34(a) Transportation service rendered wholly within the corporate
35limits of a single city or city and county and licensed or regulated
36by ordinance.

37(b) Transportation of school pupils conducted by or under
38contract with the governing board of any school district entered
39into pursuant to the Education Code.

P7    1(c) Common carrier transportation services between fixed
2termini or over a regular route that are subject to authorization
3pursuant to Article 2 (commencing with Section 1031) of Chapter
45 of Part 1 of Division 1.

5(d) Transportation services occasionally afforded for farm
6employees moving to and from farms on which employed when
7the transportation is performed by the employer in an owned or
8leased vehicle, or by a nonprofit agricultural cooperative
9association organized and acting within the scope of its powers
10under Chapter 1 (commencing with Section 54001) of Division
1120 of the Food and Agricultural Code, and without any requirement
12for the payment of compensation therefor by the employees.

13(e) Transportation service rendered by a publicly owned transit
14system.

15(f) Passenger vehicles carrying passengers on a noncommercial
16enterprise basis.

17(g) Taxicab transportation services subject to regulation pursuant
18to Chapter 8.5 (commencing with Section 5451) or exempt from
19regulation under that chapter pursuant to Section 5451.3.

20(h) Transportation of persons between home and work locations
21or of persons having a common work-related trip purpose in a
22vehicle having a seating capacity of 15 passengers or less, including
23the driver, which are used for the purpose of ridesharing, as defined
24in Section 522 of the Vehicle Code, when the ridesharing is
25incidental to another purpose of the driver. This exemption also
26applies to a vehicle having a seating capacity of more than 15
27passengers if the driver files with the commission evidence of
28liability insurance protection in the same amount and in the same
29manner as required for a passenger stage corporation, and the
30vehicle undergoes and passes an annual safety inspection by the
31Department of the California Highway Patrol. The insurance filing
32shall be accompanied by a one-time filing fee of seventy-five
33dollars ($75). This exemption does not apply if the primary purpose
34for the transportation of those persons is to make a profit. “Profit,”
35as used in this subdivision, does not include the recovery of the
36actual costs incurred in owning and operating a vanpool vehicle,
37as defined in Section 668 of the Vehicle Code.

38(i) Vehicles used exclusively to provide medical transportation,
39including vehicles employed to transport developmentally disabled
40persons for regional centers established pursuant to Chapter 5
P8    1(commencing with Section 4620) of Division 4.5 of the Welfare
2and Institutions Code.

3(j) Transportation services rendered solely within the Lake
4Tahoe Basin, comprising that area included within the Tahoe
5Regional Planning Compact as set forth in Section 66801 of the
6Government Code, when the operator of the services has obtained
7any permit required from the Tahoe Basin Transportation Authority
8or the City of South Lake Tahoe, or both.

9(k) Subject to Section 34507.6 of the Vehicle Code,
10transportation service provided by the operator of an automobile
11rental business in vehicles owned or leased by that operator,
12without charge other than as may be included in the automobile
13rental charges, to carry its customers to or from its office or facility
14where rental vehicles are furnished or returned after the rental
15period.

16(l) Subject to Section 34507.6 of the Vehicle Code,
17transportation service provided by the operator of a hotel, motel,
18or other place of temporary lodging in vehicles owned or leased
19by that operator, without charge other than as may be included in
20the charges for lodging, between the lodging facility and an air,
21rail, water, or bus passenger terminal or between the lodging
22facility and any place of entertainment or commercial attraction,
23including, but not limited to, facilities providing snow skiing.
24Nothing in this subdivision authorizes the operator of a hotel,
25motel, or other place of temporary lodging to provide any round
26trip sightseeing service without a permit, as required by subdivision
27(c) of Section 5384.

28(m) (1) Transportation of hot air balloon ride passengers in a
29balloon chase vehicle from the balloon landing site back to the
30original takeoff site, provided that the balloon ride was conducted
31by a balloonist who meets all of the following conditions:

32(A) Does not fly more than a total of 30 passenger rides for
33compensation annually.

34(B) Does not provide any preflight ground transportation
35services in their vehicles.

36(C) In providing return transportation to the launch site from
37landing does not drive more than 300 miles annually.

38(D) Files with the commission an exemption declaration and
39proof of vehicle insurance, as prescribed by the commission,
40certifying that the operator qualifies for the exemption and will
P9    1maintain minimum insurance on each vehicle of one hundred
2thousand dollars ($100,000) for injury or death of one person, three
3hundred thousand dollars ($300,000) for injury or death of two or
4more persons and one hundred thousand dollars ($100,000) for
5damage to property.

6(2) Nothing in this subdivision authorizes the operator of a
7commercial balloon operation to provide any round trip sightseeing
8service without a permit, as required by subdivision (c) of Section
95384.

10(n) (1) Transportation services incidental to operation of a youth
11camp that are provided by either a nonprofit organization that
12qualifies for tax exemption under Section 501(c)(3) of the Internal
13Revenue Code or an organization that operates an organized camp,
14as defined in Section 18897 of the Health and Safety Code, serving
15youth 18 years of age or younger.

16(2) Any transportation service described in paragraph (1) shall
17comply with all of the following requirements:

18(A) Register as a private carrier with the commission pursuant
19to Section 4005.

20(B) Participate in a pull notice system for employers of drivers
21as prescribed in Section 1808.1 of the Vehicle Code.

22(C) Ensure compliance with the annual bus terminal inspection
23required by subdivision (c) of Section 34501 of the Vehicle Code.

24(D) Obtain the following minimum amounts of general liability
25insurance coverage for vehicles that are used to transport youth:

26(i) A minimum of five hundred thousand dollars ($500,000)
27general liability insurance coverage for passenger vehicles designed
28to carry up to eight passengers. For organized camps, as defined
29in Section 18897 of the Health and Safety Code, an additional two
30hundred fifty thousand dollars ($250,000) general umbrella policy
31that covers vehicles.

32(ii) A minimum of one million dollars ($1,000,000) general
33 liability insurance coverage for vehicles designed to carry up to
3415 passengers. For organized camps, as defined in Section 18897
35of the Health and Safety Code, an additional five hundred thousand
36dollars ($500,000) general umbrella policy that covers vehicles.

37(iii) A minimum of one million five hundred thousand dollars
38($1,500,000) general liability insurance coverage for vehicles
39designed to carry more than 15 passengers, and an additional three
P10   1million five hundred thousand dollars ($3,500,000) general
2umbrella liability insurance policy that covers vehicles.

3

SEC. 10.  

Section 5411.5 of the Public Utilities Code is
4amended to read:

5

5411.5.  

(a) Whenever a peace officer, as defined in Chapter
64.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal
7Code, arrests a person for operation of a charter-party carrier of
8passengers without a valid certificate or permit, the peace officer
9may impound and retain possession of the vehicle.

10(b) Whenever a peace officer, as defined in Chapter 4.5
11(commencing with Section 830) of Title 3 of Part 2 of the Penal
12Code, arrests a person for operating a charter-party carrier of
13passengers as a taxicab in violation of Chapter 8.5 (commencing
14with Section 5451) or in violation of a local ordinance of the City
15and County of San Francisco or its airport authority, the peace
16officer may impound and retain possession of the vehicle.

17(c) If the vehicle is seized from a person who is not the owner
18of the vehicle, the impounding authority shall immediately give
19notice to the owner by first-class mail.

20(d) The vehicle shall immediately be returned to the owner if
21the infraction or violation is not prosecuted or is dismissed, the
22owner is found not guilty of the offense, or it is determined that
23the vehicle was used in violation of Section 5411 without the
24knowledge and consent of the owner. The vehicle shall be returned
25to the owner upon payment of any fine ordered by the court. If the
26vehicle is seized due to a violation of a person other than the owner
27of the vehicle, the vehicle shall be returned to the owner after all
28impoundment fees are paid. After the expiration of six weeks from
29the final disposition of the criminal case, unless the owner is in
30the process of making payments to the court, the impounding
31authority may deal with the vehicle as lost or abandoned property
32under Section 1411 of the Penal Code.

33(e) At any time, a person may make a motion in superior court
34for the immediate return of the vehicle on the ground that there
35was no probable cause to seize it or that there is some other good
36cause, as determined by the court, for the return of the vehicle. A
37proceeding under this section is a limited civil case.

38(f) No peace officer, however, may impound any vehicle owned
39or operated by a nonprofit organization exempt from taxation
40pursuant to Section 501(c)(3) of the Internal Revenue Code which
P11   1serves youth or senior citizens and provides transportation
2incidental to its programs or services or a rented motor vehicle
3that is being operated by a hired driver of a charter-party carrier
4of passengers that is providing hired driver service.

5

SEC. 11.  

Section 5412.2 of the Public Utilities Code is
6amended to read:

7

5412.2.  

(a) When a person is convicted of the offense of
8operating a taxicab without a valid permit required pursuant to
9Chapter 8.5 (commencing with Section 5451) or pursuant to a local
10ordinance of the City and County of San Francisco or its airport
11authority, in addition to any other penalties provided by law, if the
12court determines the operator has the ability to pay, the court shall
13impose a mandatory fine not exceeding two thousand five hundred
14dollars ($2,500) for a first conviction or five thousand dollars
15($5,000) for a subsequent conviction.

16(b) When a person is convicted of the offense of operating a
17charter-party carrier of passengers without a valid certificate or
18permit, in addition to any other penalties provided by law, if the
19court determines the operator has the ability to pay, the court shall
20impose a mandatory fine not exceeding ten thousand dollars
21($10,000) for a first conviction or twenty-five thousand dollars
22($25,000) for a subsequent conviction.

23(c) As used in this section, “taxicab” shall have the meaning as
24defined in subdivision (d) of Section 5451.4. “Taxicab” shall not
25include a charter-party carrier of passengers within the meaning
26of this chapter.

27

SEC. 12.  

Section 5413.5 of the Public Utilities Code is
28amended to read:

29

5413.5.  

(a) Whenever the commission, after hearing, finds
30that any person or corporation is operating as a charter-party carrier
31of passengers, including a charter-party carrier operating a
32limousine, without a valid certificate or permit, or fails to include
33in any written or oral advertisement the number of the certificate
34or permit required by Section 5386, the commission may impose
35a fine of not more than seven thousand five hundred dollars
36($7,500) for each violation. The commission may assess the person
37or corporation an amount sufficient to cover the reasonable expense
38of investigation incurred by the commission. The commission may
39assess interest on any fine or assessment imposed, to commence
40on the day the payment of the fine or assessment becomes
P12   1delinquent. All fines, assessments, and interest collected shall be
2deposited at least once each month in the General Fund.

3(b) Whenever the commission, after hearing, finds that any
4person or corporation is operating a charter-party carrier of
5passengers as a taxicab without a valid permit in violation of
6Chapter 8.5 (commencing with Section 5451) or a local ordinance
7of the City and County of San Francisco or its airport authority,
8the commission may impose a fine of not more than five thousand
9dollars ($5,000) for each violation. The commission may assess
10the person or corporation an amount sufficient to cover the
11reasonable expense of investigation incurred by the commission.
12The commission may assess interest on any fine or assessment
13imposed, to commence on the day the payment of the fine or
14assessment becomes delinquent. All fines, assessments, and interest
15collected shall be deposited at least once each month in the General
16Fund.

17

SEC. 13.  

Chapter 8.5 (commencing with Section 5451) is added
18to Division 2 of the Public Utilities Code, to read:

19 

20Chapter  8.5. Taxicab Transportation Services Act
21

21 

22Article 1.  General Provisions and Definitions
23

 

24

5451.  

This chapter shall be known, and may be cited, as the
25Taxicab Transportation Services Act.

26

5451.1.  

The commission may delegate to its executive director
27or designee of the executive director the authority to issue, renew,
28or authorize the transfer of taxicab carrier permits under this
29chapter and to otherwise implement this chapter.

30

5451.2.  

Notwithstanding any other provision of law, and except
31as otherwise provided in Section 5451.3, this chapter shall apply
32to taxicab transportation services provided throughout the state.
33The commission shall regulate taxicab transportation services and
34enforce the requirements of this chapter, and may adopt regulations
35to further the objectives of this chapter.

36

5451.3.  

This chapter shall not apply to taxicab transportation
37services originating in the jurisdiction of the City and County of
38San Francisco or at the San Francisco International Airport,
39including taxicab carriers associated with those services. Those
40taxicab transportation services shall remain under the regulation
P13   1of the City and County of San Francisco or its airport authority,
2as the case may be.

3

5451.4.  

For the purposes of this chapter, the following terms
4have the following meanings:

5(a) “Entity” includes a corporation, company, association, joint
6stock association, firm, partnership, individual, or any other form
7of business organization.

8(b) “Public highway” includes every public street, road, or
9highway in this state.

10(c) “Motor vehicle” means a vehicle used on public highways
11that is self-propelled.

12(d) “Taxicab” means a passenger motor vehicle designed for
13carrying not more than eight passengers, excluding the driver, and
14used to carry passengers for hire as part of taxicab transportation
15services.

16(e) “Taxicab carrier” means an entity that is a permitted provider
17of taxicab transportation services to passengers under this chapter.

18(f) “Taxicab driver” means an individual who is a licensed driver
19of a taxicab under this chapter.

20(g) “Taxicab transportation services” means the provision of
21transportation services for compensation using motor vehicles
22designed for carrying not more than eight passengers, excluding
23the driver, and that are permitted to serve passengers via street
24hail, including curbside pickups, but excludes transportation
25services provided by a charter-party carrier of passengers regulated
26by Chapter 8 (commencing with Section 5351).

27(h) With respect to a motor vehicle used in taxicab transportation
28services by a taxicab carrier, “owner” means the entity that is
29registered with the Department of Motor Vehicles as the owner of
30the motor vehicle, or that has a legal right to possession of the
31motor vehicle pursuant to a lease or rental agreement.

32

5451.6.  

The commission shall issue permits pursuant to this
33chapter authorizing taxicab carriers to operate.

34 

35Article 2.  Authorization to Operate as a Taxicab Carrier
36

 

37

5452.  

An entity shall not engage in taxicab transportation
38services subject to regulation under this chapter without first having
39obtained a taxicab carrier permit issued by the commission pursuant
40to this chapter.

P14   1

5452.2.  

The commission shall issue permits to entities to
2operate taxicab transportation services as a taxicab carrier if
3otherwise qualified under this chapter.

4

5452.6.  

A taxicab carrier shall include the number of its permit
5in every written, oral, or electronic advertisement of the services
6it offers and shall comply with the signing requirements of Section
727908 of the Vehicle Code. For the purposes of this section,
8“advertisement” includes, but is not limited to, the issuance of any
9card, sign, or device to any person, the causing, permitting, or
10allowing of the placement of any sign or marking on or in any
11building or structure, or in any media form, including newspaper,
12magazine, radiowave, satellite signal, or any electronic
13transmission, or in any directory soliciting taxicab transportation
14services subject to this chapter.

15

5452.8.  

(a) Applications for taxicab carrier permits shall be
16in writing and verified under oath, and shall be in the form and
17contain the information required by the commission.

18(b) An application for a taxicab carrier permit shall be
19accompanied by a filing fee as follows:

20(1) Permits (new): ____ dollars ($____).

21(2) Permits (renewal): ____ dollars ($____).

22

5452.10.  

(a) (1) Before a permit is issued or renewed, the
23commission shall require the applicant to establish reasonable
24fitness and financial responsibility to initiate and conduct or
25continue to conduct the proposed or existing taxicab transportation
26services. The commission shall not issue or renew a permit
27pursuant to this chapter unless the applicant meets all of the
28following requirements:

29(A) It is financially and organizationally capable of conducting
30an operation that complies with the rules and regulations of the
31Department of the California Highway Patrol relating to the safe
32operation of vehicles on the public highways.

33(B) It is committed to observing the hours of service regulations
34of state and, where applicable, federal law for all taxicab drivers,
35whether employees or contractors.

36(C) It has an inspection program in effect for its motor vehicles
37used to provide taxicab transportation services that conforms to
38Article 8 (commencing with Section 5458).

P15   1(D) It participates in the pull notice program pursuant to Section
21808.1 of the Vehicle Code to regularly check the driving records
3of all taxicab drivers, whether employees or contractors.

4(E) It has a safety education and training program in effect for
5all taxicab drivers, whether employees or contractors.

begin insert

6
(F) It has a disabled access education and training program to
7instruct its taxicab drivers on compliance with the Americans with
8Disabilities Act of 1990 and California’s disability rights laws,
9including making clear that it is illegal to decline to serve a person
10with a disability or who has a service animal.

end insert
begin delete

11(F)

end delete

12begin insert(G)end insert It will maintain its motor vehicles used in taxicab
13transportation services in a safe operating condition and in
14compliance with the Vehicle Code and with regulations contained
15in Title 13 of the California Code of Regulations relative to motor
16vehicle safety.

begin delete

17(G)

end delete

18begin insert(H)end insert It has provided to the commission an address of an office
19or terminal where documents supporting the factual matters
20specified in the showing required by this subdivision may be
21inspected by the commission or the Department of the California
22Highway Patrol.

begin delete

23(H)

end delete

24begin insert(I)end insert It provides for a mandatory controlled substance and alcohol
25testing certification program pursuant to Section 5457.4.

26(2) With respect to subparagraphs (B) andbegin delete (F)end deletebegin insert (G)end insert of paragraph
27(1), the commission may base a finding on a certification by the
28commission that an applicant has filed, with the commission, a
29sworn declaration of ability to comply and intent to comply.

30(b) The commission, as a precondition to the issuance of a permit
31under this article, may require the procurement of a performance
32bond by the applicant sufficient to facilitate the collection of fines,
33penalties, and restitution related to enforcement actions that may
34be taken against the applicant.

35(c) In addition to the requirements in subdivision (a), taxicab
36carriers shall meet all other state and, where applicable, federal
37regulations as prescribed.

begin insert
38

begin insert5452.11.end insert  

No taxicab carrier shall prejudice, disadvantage, or
39require different rates or provide different service to a person
40because of race, national origin, religion, color, ancestry, physical
P16   1handicap, medical condition, occupation, marital status or change
2in marital status, sex, or any characteristic listed or defined in
3Section 11135 of the Government Code.

end insert
4

5452.12.  

(a) Every taxicab carrier shall furnish to the
5commission a list, prepared under oath, of all motor vehicles used
6by the carrier in taxicab transportation services during the period
7since the last inspection. The commission shall furnish a copy of
8the list to the taxicab carrier’s insurer.

9(b) If the taxicab carrier’s insurer informs the commission that
10the carrier has failed to obtain insurance coverage for any vehicle
11reported on the list, the commission may, in addition to any other
12penalty provided in this chapter, for a first occurrence, suspend
13the carrier’s permit or impose a fine, or both, and, for a second or
14subsequent occurrence, suspend or revoke the permit or impose a
15fine, or both.

16

5452.14.  

The commission may, with or without hearing, issue
17a permit under this chapter. If the commission finds that the
18applicant possesses satisfactory fitness and financial responsibility
19to initiate and conduct the proposed taxicab transportation services,
20and will faithfully comply with the rules and regulations adopted
21by the commission with respect thereto, it shall issue the permit.

22

5452.16.  

A permit, or renewal thereof, is effective for three
23years, unless suspended or revoked by the commission.

24

5452.18.  

No permit issued pursuant to this chapter, or rights
25to conduct any of the services authorized by the permit, shall be
26sold, leased, or assigned, or otherwise transferred or encumbered,
27unless authorized by the commission. A filing fee of ____ dollars
28($____) shall accompany all applications for that authorization.

29 

30Article 3.  Enforcement
31

 

32

5453.  

Upon receipt of a complaint containing sufficient
33information to warrant conducting an investigation, the commission
34shall investigate any entity that advertises or holds itself out as
35providing services that may be reasonably considered to be taxicab
36transportation services but that does not have a permit required by
37this chapter. The commission, in a rulemaking or other appropriate
38procedure, shall adopt criteria that establish the type of information,
39if contained in a complaint, that is sufficient to warrant an
P17   1investigation. Pursuant to this investigation, the commission shall
2do all of the following:

3(a) Determine which entities, if any, are required to obtain a
4taxicab carrier permit pursuant to Article 2 (commencing with
5Section 5452) but that do not have the required permit.

6(b) Inform any entity identified in subdivision (a) that the failure
7to obtain a permit is in violation of the law.

8(c) Within 60 days of informing the entity pursuant to
9subdivision (b), institute civil or criminal proceedings, or both, if
10the entity continues to be in noncompliance with this chapter.

11

5453.2.  

The commission shall not issue, renew, or authorize
12the transfer of a taxicab carrier permit under this chapter to any
13entity against whom a final judgment has been entered and whose
14name has been transmitted to the commission pursuant to Section
153716.4 of the Labor Code, unless that judgment has been satisfied
16or has been discharged in accordance with the bankruptcy laws of
17the United States.

18

5453.4.  

(a) The commission may cancel, suspend, or revoke
19a taxicab carrier permit issued pursuant to this chapter upon any
20of the following grounds:

21(1) The violation by the permitholder of any of the provisions
22of this chapter, or of the terms of a permit issued under this chapter.

23(2) The violation by the permitholder of any order, decision,
24rule, regulation, direction, demand, or requirement of the
25commission pursuant to this chapter.

26(3) The conviction of a taxicab carrier of any misdemeanor
27under this chapter while holding a taxicab carrier permit issued by
28the commission or the conviction of the carrier or its officers of a
29felony while holding a permit issued by the commission, limited
30to robbery, burglary, larceny, fraud, or intentional dishonesty for
31personal gain.

32(4) The rendition of a judgment against the taxicab carrier for
33any penalty imposed under this chapter.

34(5) The failure of a taxicab carrier to pay any fee imposed on
35the carrier within the time required by the commission.

36(6) On request of the taxicab carrier.

37(7) The failure of a taxicab carrier to operate and perform
38reasonable service. That failure may include repeated violations
39of the Vehicle Code or of regulations contained in Title 13 of the
40California Code of Regulations relative to motor vehicle safety by
P18   1employees of the taxicab carrier that support an inference of unsafe
2operation or willful neglect of the public safety by the carrier.

3(8) Consistent failure of the taxicab carrier to maintain its
4vehicles in a safe operating condition pursuant to Article 8
5(commencing with Section 5458) and in compliance with the
6Vehicle Code and with regulations contained in Title 13 of the
7California Code of Regulations relative to motor vehicle safety,
8as shown by the records of the commission, the Department of
9Motor Vehicles, the Department of the California Highway Patrol,
10or the carrier.

11(9) Failure of a taxicab carrier, or of any of its employees, to
12follow any order, decision, rule, regulation, direction, demand,
13ordinance, or other requirement established by the governing body
14of an airport, including solicitation practices, providing the
15requirements are consistent with subdivision (b) of Section 5459.

16(b) The commission may levy a civil penalty of up to seven
17thousand five hundred dollars ($7,500) upon a taxicab carrier for
18any of the violations specified in subdivision (a), as an alternative
19to canceling, revoking, or suspending the carrier’s permit. The
20commission may also levy interest upon the civil penalty, which
21shall be calculated as of the date on which the civil penalty is
22unpaid and delinquent. The commission shall deposit at least
23monthly all civil penalties and interest collected pursuant to this
24section into the General Fund.

25

5453.6.  

(a) A taxicab carrier shall have and shall make
26available for inspection by the commission, upon request, one of
27the following:

28(1) A certificate of workers’ compensation coverage for its
29employees issued by an admitted insurer.

30(2) A certification of consent to self-insure issued by the Director
31of Industrial Relations.

32(3) A statement under penalty of perjury, stating that, in its
33operations as a taxicab carrier, it does not employ any person in
34any manner so as to become subject to the workers’ compensation
35laws of this state.

36(b) The workers’ compensation coverage certified to under
37paragraph (1) of subdivision (a) shall be in the form of a policy
38that remains effective until canceled. Cancellation of the policy
39shall require 30 days’ advance notice.

P19   1(c) If, after filing the statement described in paragraph (3) of
2subdivision (a), the carrier becomes subject to the workers’
3compensation laws of this state, the carrier shall promptly notify
4the commission that the carrier is withdrawing its statement under
5paragraph (3) of subdivision (a), and shall simultaneously file the
6certificate described in either paragraph (1) or (2) of subdivision
7(a).

8

5453.7.  

(a) The commission may at any time have access to
9the land, buildings, or equipment of a taxicab carrier in connection
10with the operation of the carrier’s business and may inspect the
11accounts, books, papers, and documents of the carrier. Any
12inspection by the commission may include reproduction of
13documents either at the premises of the carrier or the offices of the
14commission, at the option of the carrier. The commission shall
15reimburse the carrier for any reproduction expenses incurred by
16the carrier at the direction of the commission.

17(b) Subdivision (a) also applies to access to property and
18inspections of accounts, books, papers, and documents of any
19entity that is a subsidiary or affiliate of, or that holds a controlling
20interest in, a taxicab carrier with respect to any transaction between
21the carrier and the other entity.

22(c) Subdivisions (a) and (b) also apply to any entity engaged in
23the transportation of persons by motor vehicle for compensation
24upon a determination by the commission that the entity is
25advertising or holding itself out as providing services that may
26reasonably be considered to be taxicab transportation services.

27

5453.8.  

The commission may, on a complaint alleging that an
28entity is operating taxicab transportation services without a valid
29taxicab carrier permit in violation of this chapter, or on its own
30motion without a complaint, with or without notice of a hearing,
31order the entity so operating to cease and desist from that operation
32until the commission makes and files its decision in the matter or
33until further order of the commission.

34

5453.10.  

(a) The Legislature finds and declares that advertising
35and use of telephone service is essential for a an entity providing
36taxicab transportation services to obtain business. Unlawful
37advertisements by unlicensed taxicabs have resulted in
38properly-permitted taxicab carriers competing with unlicensed
39taxicabs using unfair business practices. Unlicensed taxicabs have
40also exposed residents of the state to unscrupulous persons who
P20   1portray themselves as properly licensed, qualified, and insured
2taxicabs. Many of these unlicensed taxicabs have been found to
3have operated their vehicles without insurance, or in an unsafe
4manner, placing residents of the state at risk.

5(b) (1) The Legislature further finds and declares that the
6termination of telephone service utilized by unlicensed taxicabs
7is essential to ensure the public safety and welfare. Therefore, the
8commission should take enforcement action as specified in this
9section to disconnect telephone service of entities operating
10unlicensed taxicab transportation services who unlawfully advertise
11passenger transportation services in yellow page directories and
12other publications. The enforcement actions provided for by this
13section are consistent with the decision of the California Supreme
14Court in Goldin v. Public Utilities Commission (1979) 23 Cal. 3d
15638.

16(2) For purposes of this section, a telephone corporation or
17telegraph corporation, or a corporation that holds a controlling
18interest in the telephone or telegraph corporation, or any business
19that is a subsidiary or affiliate of the telephone or telegraph
20corporation, that has the name and address of the subscriber to a
21telephone number being used by an unlicensed operator of taxicab
22transportation services shall provide the commission, upon the
23order of a magistrate and the demand of the commission, access
24to this information. A magistrate may only issue an order for the
25purposes of this subdivision if the magistrate has made the findings
26required by subdivision (c).

27(c) A telephone or telegraph corporation shall refuse telephone
28service to a new subscriber and shall disconnect telephone service
29of an existing subscriber under this section only after it is shown
30that other available enforcement remedies of the commission have
31failed to terminate unlawful activities detrimental to the public
32welfare and safety, and upon receipt from the commission of a
33writing, signed by a magistrate, as defined by Sections 807 and
34808 of the Penal Code, finding that probable cause exists to believe
35that the subscriber is advertising, or holding itself out to the public
36to perform, taxicab transportation services without a permit of the
37commission, or that the telephone service otherwise is being used
38or is to be used as an instrumentality, directly or indirectly, to
39violate or assist in violation of the laws requiring a taxicab carrier
40to have a permit from the commission. Included in the writing of
P21   1the magistrate shall be a finding that there is probable cause to
2believe that the applicable telephone facilities have been, or are
3to be, used in the commission or facilitation of holding out to the
4public to perform or in performing taxicab transportation services
5in violation of this chapter and that, in the absence of immediate
6and summary action, a danger to the public welfare and safety will
7result.

8(d) Any person aggrieved by any action taken pursuant to this
9section shall have the right to file a complaint with the commission
10and may include in the complaint a request for interim relief. The
11commission shall schedule a public hearing on the complaint to
12be held within 21 calendar days of the filing and assignment of a
13docket number to the complaint. The remedy provided by this
14section shall be exclusive. No other action at law or in equity shall
15accrue against any telephone or telegraph corporation because of,
16or as a result of, any matter or thing done or threatened to be done
17pursuant to this section.

18(e) At any hearing held on a complaint filed with the commission
19pursuant to subdivision (d), the commission staff shall have the
20right to participate, including the right to present evidence and
21argument and to present and cross-examine witnesses. The
22commission staff shall have both the burden of proving that the
23use made or to be made of the telephone service is to hold out to
24the public to perform, or to assist in performing, taxicab
25transportation services, or that the telephone service is being or is
26to be used as an instrumentality, directly or indirectly, to violate
27or to assist in violation of the permitting requirements applicable
28to taxicab carriers and that the character of the acts are such that,
29absent immediate and summary action, a danger to public welfare
30or safety will result, and the burden of persuading the commission
31that the telephone services should be refused or should not be
32restored.

33(f) The telephone or telegraph corporation, immediately upon
34refusal or disconnection of service in accordance with subdivision
35(c), shall notify the subscriber in writing that the refusal or
36disconnection of telephone service has been made pursuant to a
37request of the commission and the writing of a magistrate, and
38shall include with the notice a copy of this section, a copy of the
39writing of the magistrate, and a statement that the customer or
40subscriber may request information from the commission at its
P22   1San Francisco or Los Angeles office concerning any provision of
2this section and the manner in which a complaint may be filed.

3(g) The provisions of this section are an implied term of every
4contract for telephone service. The provisions of this section are
5a part of any application for telephone service. Applicants for, and
6 subscribers and customers of, telephone service have, as a matter
7of law, consented to the provisions of this section as a consideration
8for the furnishing of the telephone service.

9(h) As used in this section, the terms “person,” “customer,” and
10“subscriber” include a subscriber to telephone service, any person
11using the telephone service of a subscriber, an applicant for
12telephone service, a corporation, as defined in Section 204, a
13“person” as defined in Section 205, a limited liability company, a
14partnership, an association, and includes their lessees and assigns.

15(i) (1) As used in this section, “telephone corporation” is defined
16as provided in Section 234.

17(2) As used in this section, “telegraph corporation” is defined
18as provided in Section 236.

19(j) As used in this section, “commission” includes the employees
20of the commission as provided in Section 5451.1, unless the context
21otherwise requires.

22

5453.12.  

In order to facilitate enforcement by peace officers
23of taxicab laws pursuant to this chapter and associated regulations
24adopted by the commission, both of the following shall apply:

25(a) The commission shall adopt a general order containing its
26rules pertaining to taxicab carriers.

27(b) Peace officers may enforce this chapter and the commission’s
28rules in the general order pertaining to taxicab carriers.

29 

30Article 4.  Trade Dress
31

 

32

5454.  

A taxicab carrier subject to regulation under this chapter
33shall not operate a motor vehicle on a public highway unless there
34is displayed on the vehicle a distinctive identifying symbol in the
35form prescribed by the commission. The identifying symbol shall
36not be displayed on any vehicle until a permit under this chapter
37has been issued to the carrier.

38

5454.2.  

The commission shall assign both trade name and trade
39dress for taxicab transportation services. In doing so, the
40commission shall take into account taxicab carriers operating on
P23   1December 31, 2016, and shall minimize public confusion to
2consumers of taxicab transportation services in awarding trade
3name and trade dress.

4

5454.4.  

A taxicab carrier shall remove all markings required
5by the commission from a motor vehicle when the motor vehicle
6is permanently withdrawn from service as a taxicab.

7

5454.6.  

The commission shall award initial trade name and
8trade dress as soon as practicable on or after January 1, 2017. In
9doing so, the commission shall consider all of the following:

10(a) Historic trade name and trade dress granted to licensees by
11cities, counties, cities and counties, or any subdivision thereof as
12submitted to the commission pursuant to Section 5454.8.

13(b) The geographic service boundaries of the provision of
14taxicab services before January 1, 2017.

15(c) The cost to taxicab carriers of changing trade name or trade
16dress in accordance with the commission’s order.

17

5454.8.  

Any city or county, or any subdivision thereof, that
18regulates or oversees the licensure of taxicab transportation services
19within its jurisdiction on December 31, 2016, shall forward to the
20commission licensure information for each taxicab transportation
21service licensee within its jurisdiction. This section shall not apply
22to the taxicab transportation services exempted from this chapter
23pursuant to Section 5451.3. The information shall include, but
24need not be limited to, the following:

25(a) The name of the licensee, including the approved “doing
26business as” name granted to a licensee.

27(b) Information related to trade dress or exterior markings
28granted to each licensee within the jurisdiction.

29(c) The geographical boundaries, if any, granted to a licensee
30in the provision of taxicab transportation services.

31(d) Any other information the commission may require to carry
32out the purposes of this chapter.

33 

34Article 5.  Insurance
35

 

36

5455.  

The commission, in granting a permit to a taxicab carrier
37pursuant to this chapter, shall require the taxicab carrier to procure,
38and to continue in effect during the life of the permit, insurance
39against liability imposed by law upon the taxicab carrier for the
40payment of damages for personal bodily injuries, including death
P24   1resulting therefrom, insurance against a total liability of the taxicab
2carrier on account of bodily injuries to, or death of, more than one
3person as a result of any one accident, and insurance against
4damage or destruction of property. The insurance requirements
5shall be satisfied through commercial liability insurance coverage
6applicable 24 hours per day and seven days per week that is no
7less than one hundred thousand dollars ($100,000) for death and
8personal injury per person, three hundred thousand dollars
9($300,000) for death and personal injury per incident, and fifty
10thousand dollars ($50,000) for property damage. The commission
11may require higher amounts of insurance coverage.

12

5455.2.  

The insurance coverage required under Section 5455
13shall cover each motor vehicle used or to be used under a taxicab
14carrier’s permit. The policy of insurance shall be issued by a
15company licensed to write insurance in this state, or by nonadmitted
16insurers subject to Section 1763 of the Insurance Code, if the
17policies meet the rules promulgated therefor by the commission.

18

5455.4.  

No entity holding a valid taxicab carrier permit issued
19by the commission pursuant to this chapter shall be required by a
20city, county, city and county, or any other local agency to provide
21insurance in a manner different from that required by this article.

22

5455.8.  

The insurance policy shall be filed with the
23commission. With the consent of the commission, a copy of an
24insurance policy, certified by the company issuing it to be a true
25copy of the original policy, or a photocopy thereof, or an electronic
26copy thereof, or an abstract of the provisions of the policy, or a
27certificate of insurance issued by the company issuing the policy,
28may be filed with the commission in lieu of the original or a
29duplicate or counterpart of the policy.

30 

31Article 6.  Pricing and GPS Metering
32

 

33

5456.  

The commission shall not regulate the type of device
34used by taxicab carriers to calculate fares, including the use of
35global positioning system metering as a form of calculating fares.

36

5456.2.  

The commissionbegin delete mayend deletebegin insert shallend insert adopt rules requiring taxicab
37carriers to disclose fares, fees,begin delete and other pricing structures for
38taxicab transportation services.end delete
begin insert or rates to the customer before the
39customer accepts the ride so that the customer can make a
40knowledgeable decision.end insert
Any rules shall allow a taxicab carrier to
P25   1disclose fares, fees, orbegin delete other pricing structuresend deletebegin insert ratesend insert on its Internet
2Web site or cellular telephone application.

3 

4Article 7.  Taxicab Drivers
5

 

6

5457.  

While providing taxicab transportation services, a taxicab
7driver shall have in his or her immediate possession, and shall
8present, upon request, to a law enforcement officer, a representative
9of the commission, or a customer, all of the following:

10(a) Evidence of a valid Class C California driver’s license.

11(b) A valid permit issued by the commission to a taxicab carrier.

12(c) Evidence of the taxicab carrier’s liability insurance in
13compliance with Article 5 (commencing with Section 5455).

14

5457.2.  

A taxicab driver shall not drive a taxicab while his or
15her driver’s license is expired, suspended, or revoked.

16

5457.4.  

(a) A taxicab carrier shall do all of the following:

17(1) Participate in a pull-notice system pursuant to Section 1808.1
18of the Vehicle Code to regularly check the driving records of all
19taxicab drivers employed or contracted by the carrier.

20(2) Provide for a mandatory controlled substance and alcohol
21testing certification program for taxicab drivers employed or
22contracted by the carrier, as required by the commission. The
23program shall not be more strict than the program adopted by the
24commission pursuant to Section 1032.1 for transportation network
25company drivers.

26(3) Ensure that a taxicab driver employed or contracted by the
27carrier meets all of the following requirements:

28(A) Is a minimum of 18 years of age.

29(B) Possesses a valid Class C California driver’s license.

30(C) Is not afflicted with either a physical or mental incapacity
31that would preclude the individual from safely operating a taxicab
32and performing the duties normally associated with the profession.

33(D) Passes a background check through the Department of
34Justice’s live scan system.

35(4) Provide each taxicab driver employed or contracted by the
36taxicab carrier with documentation necessary for the driver to
37comply with subdivisions (b) and (c) of Section 5457.

38(b) A taxicab carrier may require a taxicab driver to submit a
39medical report and obtain a valid medical certificate if the carrier
40 believes that the driver has a physical or mental affliction.

P26   1(c) Taxicab drivers hired or contracted by a taxicab carrier on
2or after January 1, 2017, shall be subject to mandatory drug and
3alcohol testing prior to employment or contracting. Drivers hired
4or contracted by a taxicab carrier before January 1, 2017, shall
5complete a drug and alcohol test before January 1, 2018.

6

5457.6.  

(a) A taxicab carrier regulated pursuant to this chapter
7shall not employ, or contract with, any of the following persons
8as a taxicab driver:

9(1) A person convicted, during the preceding seven years, of
10any offense relating to the use, sale, possession, or transportation
11of narcotics, controlled substances, or addictive or dangerous drugs,
12or of any act involving force, violence, threat, or intimidation
13against persons, or of any sexual offense, or of any act involving
14moral turpitude, including fraud or intentional dishonesty for
15personal gain, or of any felony offense, or of any offense involving
16the possession of a firearm or dangerous weapon, or of any offense
17involving the solicitation or agreement to engage in or engagement
18in any act of prostitution, or of any act of resisting, delaying, or
19obstructing a peace officer, public officer, or emergency medical
20technician, or of theft in either degree. For the purposes of this
21paragraph, a subsequent change of plea or vacation of verdict and
22dismissal of charges pursuant to Section 1203.4 of the Penal Code
23does not release the applicant from the penalties and disabilities
24resulting from the offense of which he or she has been convicted.

25(2) A person required to register as a sex offender under Section
26290 of the Penal Code or a person convicted of a felony involving
27any type of sexual offense; the manufacture, possession for sale,
28transportation, or distribution of narcotics, controlled substances,
29or addictive or dangerous drugs; force, violence, threat, or
30intimidation against persons; kidnaping; forgery, fraud, larceny,
31extortion, burglary, robbery, or theft; credit card fraud; possession
32of a firearm or dangerous weapon; resisting or obstructing a peace
33 officer, public officer, or emergency medical technician; or use of
34a vehicle for hire in the commission of a felony.

35(3) A person convicted of any violation of Section 20001, 20003,
3620004, 23104, or 23153 of the Vehicle Code.

37(b) For purposes of subdivision (a), out-of-state convictions for
38equivalent violations shall be given the same effect as in-state
39convictions.

 

P27   1Article 8.  Vehicle Inspection
2

 

3

5458.  

Upon initial placement into service and annually
4thereafter, a taxicab carrier shall have each vehicle inspected at a
5facility licensed by the Bureau of Automotive Repair, and shall
6maintain complete documentation of each inspection. The
7inspection shall cover all of the following components, and each
8component shall, at a minimum, be in satisfactory condition before
9a vehicle may be used in providing taxicab transportation services:

10(a) Foot brakes.

11(b) Emergency brakes.

12(c) Steering mechanism.

13(d) Windshield.

14(e) Rear window and other glass.

15(f) Windshield wipers.

16(g) Headlights.

17(h) Tail lights.

18(i) Turn indicator lights.

19(j) Stop lights.

20(k) Front seat adjustment mechanism.

21(l) Doors, including opening, closing, and locking.

22(m) Horn.

23(n) Speedometer.

24(o) Bumpers.

25(p) Muffler and exhaust system.

26(q) Tires.

27(r) Interior and exterior rear-view mirrors.

28(s) Safety belts for the driver and passengers.

29 

30Article 9.  Local Agencies and Airports
31

 

32

5459.  

(a) Except as otherwise specifically provided in this
33article and in Section 5451.3, and notwithstanding any other
34provision of law, this chapter constitutes the exclusive regulation
35of taxicab carriers and taxicab transportation services in this state.
36In that regard, a local agency may not require a license, or impose
37a tax or fee, for the conduct of taxicab transportation services
38subject to regulation under this chapter.

39(b)  Nothing in this chapter shall be construed to prevent a local
40agency from designating taxicab stands on public highways under
P28   1its jurisdiction pursuant to Section 21112 of the Vehicle Code for
2use by taxicabs, or from designating other locations for taxicabs
3to stop pursuant to Section 22500 of the Vehicle Code.

4(c) Nothing in this chapter shall be construed to prevent the
5governing body of an airport from adopting and enforcing
6reasonable and nondiscriminatory local airport rules, regulations,
7and ordinances pertaining to access, use of highways, parking,
8traffic control, passenger transfers and occupancy, passenger
9solicitation practices, and the use of buildings and facilities, that
10are applicable to taxicab carriers operating on airport property. In
11that regard, the governing body of an airport may require a taxicab
12carrier to obtain an airport permit in order to operate taxicab
13transportation services to or from the airport.

14(d) Nothing in this chapter shall be construed to prohibit any
15agreement entered into between a taxicab carrier and the governing
16board of an airport pursuant to Article 4.5 (commencing with
17Section 21690.5) of Chapter 4 of Part 1 of Division 9.

18 

19Article 10.  Violations
20

 

21

5460.  

Every taxicab carrier and every officer, director, agent,
22employee, or contractor of any taxicab carrier who violates or fails
23to comply with, or who procures, aids, or abets any violation of,
24any provision of this chapter, or who fails to obey, observe, or
25comply with any order, decision, rule, regulation, direction,
26demand, or requirement of the commission, or with any permit
27issued under this chapter, or who procures, aids, or abets any
28taxicab carrier in its failure to comply with the order, decision,
29rule, regulation, direction, demand, requirement, or permit, is guilty
30of a misdemeanor and is punishable by a fine of not less than one
31thousand dollars ($1,000) and not more than five thousand dollars
32($5,000) or by imprisonment in a county jail for not more than
33three months, or by both that fine and imprisonment.

34

5460.2.  

Every person other than a taxicab carrier who
35knowingly and willfully, either individually, or acting as an officer,
36agent, or employee of a person other than a taxicab carrier, who
37violates any provision of this chapter, or who fails to obey, observe,
38or comply with any order, decision, rule, regulation, direction,
39demand, or requirement of the commission, or who procures, aids,
40or abets any taxicab carrier in its violation of this chapter, or in its
P29   1failure to obey, observe, or comply with any order, decision, rule,
2regulation, direction, demand, or requirement, is guilty of a
3misdemeanor and is punishable by a fine of not less than one
4thousand dollars ($1,000) and not more than five thousand dollars
5($5,000) or by imprisonment in a county jail for not more than
6three months, or by both that fine and imprisonment.

7

5460.4.  

Every taxicab carrier and every officer, director, agent,
8employee, or contractor of any taxicab carrier who violates or fails
9to comply with, or who procures, aids, or abets any violation by
10any taxicab carrier of, any provision of this chapter, or who fails
11to obey, observe, or comply with any order, decision, rule,
12regulation, direction, demand, or requirement of the commission,
13or with any permit issued under this chapter, or who procures,
14aids, or abets any taxicab carrier in its failure to comply with the
15order, decision, rule, regulation, direction, demand, requirement,
16or permit, is subject to a civil penalty of not more than two
17thousand dollars ($2,000) for each offense.

18

5460.6.  

Every person other than a taxicab carrier who
19knowingly and willfully, either individually, or acting as an officer,
20agent, or employee of a person other than a taxicab carrier, who
21violates any provision of this chapter, or who fails to obey, observe,
22or comply with any order, decision, rule, regulation, direction,
23demand, or requirement of the commission, or who procures, aids,
24or abets any taxicab carrier in its violation of this chapter, or in its
25failure to obey, observe, or comply with any order, decision, rule,
26regulation, direction, demand, or requirement, is subject to a civil
27penalty of not more than two thousand dollars ($2,000) for each
28offense.

29

5460.8.  

Every person who drives a taxicab in conjunction with
30providing taxicab transportation services subject to regulation
31under this chapter and who is in violation of Section 5457 or 5457.2
32is guilty of a misdemeanor and is punishable by a fine of not less
33than ____ dollars ($____) and not more than ____ dollars ($____)
34or by imprisonment in a county jail for not more than ____ months,
35or by both that fine and imprisonment.

36

5460.10.  

Every violation of this chapter or of any order,
37decision, rule, regulation, direction, demand, or requirement of
38the commission by any person is a separate and distinct offense
39and, in case of a continuing violation, each day’s continuance
40thereof is a separate and distinct offense.

P30   1

5460.12.  

(a) Whenever a peace officer, as defined in Chapter
24.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal
3Code, arrests a person for the operation of a taxicab without a valid
4taxicab carrier permit, the peace officer may impound and retain
5possession of the vehicle.

6(b) If the vehicle is seized from a person who is not the owner
7of the vehicle, the impounding authority shall immediately give
8notice to the owner by first-class mail.

9(c) The vehicle shall immediately be returned to the owner if
10the violation is not prosecuted or is dismissed, the owner is found
11not guilty of the offense, or it is determined that the vehicle was
12used in violation of Section 5460.8 without the knowledge and
13consent of the owner. The vehicle shall be returned to the owner
14upon payment of any fine ordered by the court. If the vehicle is
15seized due to a violation of a person other than the owner of the
16vehicle, the vehicle shall be returned to the owner after all
17impoundment fees are paid. After the expiration of six weeks from
18the final disposition of the criminal case, unless the owner is in
19the process of making payments to the court, the impounding
20authority may deal with the vehicle as lost or abandoned property
21under Section 1411 of the Penal Code.

22(d) At any time, a person may make a motion in superior court
23for the immediate return of the vehicle on the ground that there
24was no probable cause to seize it or that there is some other good
25cause, as determined by the court, for the return of the vehicle. A
26proceeding under this section is a limited civil case.

27

5460.14.  

When a person is convicted of the offense of operating
28a taxicab without a valid taxicab carrier permit, in addition to any
29other penalties provided by law, if the court determines the person
30has the ability to pay, the court shall impose a mandatory fine not
31exceeding two thousand five hundred dollars ($2,500) for a first
32conviction or five thousand dollars ($5,000) for a subsequent
33conviction.

34

5460.16.  

Whenever the commission, after hearing, finds that
35any entity is operating as a taxicab carrier without a valid permit
36in violation of this chapter, the commission may impose a fine of
37not more than five thousand dollars ($5,000) for each violation.
38The commission may assess the entity an amount sufficient to
39cover the reasonable expense of investigation incurred by the
40commission. The commission may assess interest on any fine or
P31   1assessment imposed, to commence on the day the payment of the
2fine or assessment becomes delinquent. All fines, assessments,
3and interest collected shall be deposited at least once each month
4in the General Fund.

5

SEC. 14.  

Section 120269 of the Public Utilities Code is
6amended to read:

7

120269.  

(a) If the board licenses or regulates any transportation
8service, pursuant to Section 120266, or any passenger jitney
9service, pursuant to Section 120267, and the licensed or regulated
10service employs, or contracts with, any driver who (1) is not
11required to be tested for controlled substances and alcohol pursuant
12to Part 382 (commencing with Section 382.101) of Title 49 of the
13Code of Federal Regulations, Section 1032.1 or 5457.22 of this
14code, or Section 34520 of the Vehicle Code, and (2) is not
15exempted under Section 34520 of the Vehicle Code, the board
16shall adopt, by ordinance or resolution, a mandatory controlled
17substance and alcohol testing certification program for those
18 drivers.

19(b) The program adopted pursuant to subdivision (a) shall meet
20substantially the requirements set forth in paragraph (3) of
21subdivision (b) of Section 53075.5 of the Government Code, as
22that paragraph read on December 31, 2016.

23(c) Evidence derived from a positive test result collected
24pursuant to the program adopted under subdivision (a) shall not
25be admissible in a criminal prosecution concerning unlawful
26possession, sale, or distribution of controlled substances.

27

SEC. 15.  

Section 1808.1 of the Vehicle Code is amended to
28read:

29

1808.1.  

(a) The prospective employer of a driver who drives
30a vehicle specified in subdivision (k) shall obtain a report showing
31the driver’s current public record as recorded by the department.
32For purposes of this subdivision, a report is current if it was issued
33less than 30 days prior to the date the employer employs the driver.
34The report shall be reviewed, signed, and dated by the employer
35and maintained at the employer’s place of business until receipt
36of the pull-notice system report pursuant to subdivisions (b) and
37(c). These reports shall be presented upon request to an authorized
38representative of the Department of the California Highway Patrol
39during regular business hours.

P32   1(b) The employer of a driver who drives a vehicle specified in
2subdivision (k) shall participate in a pull-notice system, which is
3a process for the purpose of providing the employer with a report
4showing the driver’s current public record as recorded by the
5department, and any subsequent convictions, failures to appear,
6accidents, driver’s license suspensions, driver’s license revocations,
7or any other actions taken against the driving privilege or
8certificate, added to the driver’s record while the employer’s
9notification request remains valid and uncanceled. As used in this
10section, participation in the pull-notice system means obtaining a
11requester code and enrolling all employed drivers who drive a
12vehicle specified in subdivision (k) under that requester code.

13(c) The employer of a driver of a vehicle specified in subdivision
14(k) shall, additionally, obtain a periodic report from the department
15at least every 12 months. The employer shall verify that each
16employee’s driver’s license has not been suspended or revoked,
17the employee’s traffic violation point count, and whether the
18employee has been convicted of a violation of Section 23152 or
1923153. The report shall be signed and dated by the employer and
20maintained at the employer’s principal place of business. The
21report shall be presented upon demand to an authorized
22representative of the Department of the California Highway Patrol
23during regular business hours.

24(d) Upon the termination of a driver’s employment, the employer
25shall notify the department to discontinue the driver’s enrollment
26in the pull-notice system.

27(e) For the purposes of the pull-notice system and periodic report
28process required by subdivisions (b) and (c), an owner, other than
29an owner-operator as defined in Section 34624, and an employer
30who drives a vehicle described in subdivision (k) shall be enrolled
31as if he or she were an employee. A family member and a volunteer
32 driver who drives a vehicle described in subdivision (k) shall also
33be enrolled as if he or she were an employee.

34(f) An employer who, after receiving a driving record pursuant
35to this section, employs or continues to employ as a driver a person
36against whom a disqualifying action has been taken regarding his
37or her driving privilege or required driver’s certificate, is guilty of
38a public offense, and upon conviction thereof, shall be punished
39by confinement in a county jail for not more than six months, by
P33   1a fine of not more than one thousand dollars ($1,000), or by both
2that confinement and fine.

3(g) As part of its inspection of bus maintenance facilities and
4terminals required at least once every 13 months pursuant to
5subdivision (c) of Section 34501, the Department of the California
6Highway Patrol shall determine whether each transit operator, as
7defined in Section 99210 of the Public Utilities Code, is then in
8compliance with this section and Section 12804.6, and shall certify
9each operator found to be in compliance. Funds shall not be
10allocated pursuant to Chapter 4 (commencing with Section 99200)
11of Part 11 of Division 10 of the Public Utilities Code to a transit
12operator that the Department of the California Highway Patrol has
13not certified pursuant to this section.

14(h) (1) A request to participate in the pull-notice system
15established by this section shall be accompanied by a fee
16determined by the department to be sufficient to defray the entire
17actual cost to the department for the notification service. For the
18receipt of subsequent reports, the employer shall also be charged
19a fee established by the department pursuant to Section 1811. An
20employer who qualifies pursuant to Section 1812 shall be exempt
21from any fee required pursuant to this section. Failure to pay the
22fee shall result in automatic cancellation of the employer’s
23participation in the notification services.

24(2) A regularly organized fire department, having official
25recognition of the city, county, city and county, or district in which
26the department is located, shall participate in the pull-notice
27program and shall not be subject to the fee established pursuant
28to this subdivision.

29(3) The Board of Pilot Commissioners for Monterey Bay and
30the Bays of San Francisco, San Pablo, and Suisun, and its port
31agent shall participate in the pull-notice system established by this
32section, subject to Section 1178.5 of the Harbors and Navigation
33Code, and shall not be subject to the fees established pursuant to
34this subdivision.

35(i) The department, as soon as feasible, may establish an
36automatic procedure to provide the periodic reports to an employer
37by mail or via an electronic delivery method, as required by
38subdivision (c), on a regular basis without the need for individual
39requests.

P34   1(j) (1) The employer of a driver who is employed as a casual
2driver is not required to enter that driver’s name in the pull-notice
3system, as otherwise required by subdivision (a). However, the
4employer of a casual driver shall be in possession of a report of
5the driver’s current public record as recorded by the department,
6prior to allowing a casual driver to drive a vehicle specified in
7subdivision (k). A report is current if it was issued less than six
8months prior to the date the employer employs the driver.

9(2) For the purposes of this subdivision, a driver is employed
10as a casual driver when the employer has employed the driver less
11than 30 days during the preceding six months. “Casual driver”
12does not include a driver who operates a vehicle that requires a
13passenger transportation endorsement.

14(k) This section applies to a vehicle for the operation of which
15the driver is required to have a class A or class B driver’s license,
16a class C license with any endorsement issued pursuant to Section
1715278, a class C license issued pursuant to Section 12814.7, or a
18certificate issued pursuant to Section 12517, 12519, 12520, 12523,
1912523.5, or 12527, a passenger vehicle having a seating capacity
20of not more than 10 persons, including the driver, operated for
21compensation by a charter-party carrier of passengers or passenger
22stage corporation pursuant to a certificate of public convenience
23and necessity or a permit issued by the Public Utilities
24Commission, or a taxicab as defined in subdivision (b) of Section
2527908.

26(l) This section shall not be construed to change the definition
27of “employer,” “employee,” or “independent contractor” for any
28purpose.

29(m) A motor carrier who contracts with a person to drive a
30vehicle described in subdivision (k) that is owned by, or leased to,
31that motor carrier, shall be subject to subdivisions (a), (b), (c), (d),
32(f), (j), (k), and (l) and the employer obligations in those
33subdivisions.

34

SEC. 16.  

Section 12523.6 of the Vehicle Code is amended to
35read:

36

12523.6.  

(a) (1) On and after March 1, 1998, no person who
37is employed primarily as a driver of a motor vehicle that is used
38for the transportation of persons with developmental disabilities,
39as defined in subdivision (a) of Section 4512 of the Welfare and
40Institutions Code, shall operate that motor vehicle unless that
P35   1person has in his or her possession a valid driver’s license of the
2appropriate class and a valid special driver certificate issued by
3the department.

4(2) This subdivision only applies to a person who is employed
5by a business, a nonprofit organization, or a state or local public
6agency.

7(b) The special driver certificate shall be issued only to an
8applicant who has cleared a criminal history background check by
9the Department of Justice and, if applicable, by the Federal Bureau
10of Investigation.

11(1) In order to determine the applicant’s suitability as the driver
12of a vehicle used for the transportation of persons with
13developmental disabilities, the Department of the California
14Highway Patrol shall require the applicant to furnish to that
15department, on a form provided or approved by that department
16for submission to the Department of Justice, a full set of
17fingerprints sufficient to enable a criminal background
18investigation.

19(2) Except as provided in paragraph (3), an applicant shall
20furnish to the Department of the California Highway Patrol
21evidence of having resided in this state for seven consecutive years
22immediately prior to the date of application for the certificate.

23(3) If an applicant is unable to furnish the evidence required
24under paragraph (2), the Department of the California Highway
25Patrol shall require the applicant to furnish an additional full set
26of fingerprints. That department shall submit those fingerprint
27cards to the Department of Justice. The Department of Justice
28shall, in turn, submit the additional full set of fingerprints required
29under this paragraph to the Federal Bureau of Investigation for a
30national criminal history record check.

31(4) Applicant fingerprint forms shall be processed and returned
32to the area office of the Department of the California Highway
33Patrol from which they originated not later than 15 working days
34from the date on which the fingerprint forms were received by the
35Department of Justice, unless circumstances, other than the
36administrative duties of the Department of Justice, warrant further
37 investigation. Upon implementation of an electronic fingerprinting
38system with terminals located statewide and managed by the
39Department of Justice, the Department of Justice shall ascertain
P36   1the information required pursuant to this subdivision within three
2working days.

3(5) The applicant shall pay, in addition to the fees authorized
4in Section 2427, a fee of twenty-five dollars ($25) for an original
5certificate and twelve dollars ($12) for the renewal of that
6certificate to the Department of the California Highway Patrol.

7(c) A certificate issued under this section shall not be deemed
8a certification to operate a particular vehicle that otherwise requires
9a driver’s license or endorsement for a particular class under this
10code.

11(d) On or after March 1, 1998, no person who operates a
12business or a nonprofit organization or agency shall employ a
13person who is employed primarily as a driver of a motor vehicle
14for hire that is used for the transportation of persons with
15developmental disabilities unless the employed person operates
16the motor vehicle in compliance with subdivision (a).

17(e) Nothing in this section precludes an employer of persons
18who are occasionally used as drivers of motor vehicles for the
19transportation of persons with developmental disabilities from
20requiring those persons, as a condition of employment, to obtain
21a special driver certificate pursuant to this section or precludes any
22volunteer driver from applying for a special driver certificate.

23(f) As used in this section, a person is employed primarily as a
24driver if that person performs at least 50 percent of his or her time
25worked including, but not limited to, time spent assisting persons
26onto and out of the vehicle, or at least 20 hours a week, whichever
27is less, as a compensated driver of a motor vehicle for hire for the
28transportation of persons with developmental disabilities.

29(g) This section does not apply to any person who has
30successfully completed a background investigation prescribed by
31law, including, but not limited to, health care transport vehicle
32operators, or to the operator of a taxicab regulated pursuant to
33Chapter 8.5 (commencing with Section 5451) of Division 2 of the
34Public Utilities Code. This section does not apply to a person who
35holds a valid certificate, other than a farm labor vehicle driver
36certificate, issued under Section 12517.4 or 12527. This section
37does not apply to a driver who provides transportation on a
38noncommercial basis to persons with developmental disabilities.

39

SEC. 17.  

Section 21100 of the Vehicle Code is amended to
40read:

P37   1

21100.  

Local authorities may adopt rules and regulations by
2ordinance or resolution regarding all of the following matters:

3(a) Regulating or prohibiting processions or assemblages on the
4highways.

5(b) Regulating traffic by means of traffic officers.

6(c) Regulating traffic by means of official traffic control devices
7meeting the requirements of Section 21400.

8(d) (1) Regulating traffic by means of a person given temporary
9or permanent appointment for that duty by the local authority when
10official traffic control devices are disabled or otherwise inoperable,
11at the scenes of accidents or disasters, or at locations as may require
12traffic direction for orderly traffic flow.

13(2) A person shall not be appointed pursuant to this subdivision
14unless and until the local authority has submitted to the
15commissioner or to the chief law enforcement officer exercising
16jurisdiction in the enforcement of traffic laws within the area in
17which the person is to perform the duty, for review, a proposed
18program of instruction for the training of a person for that duty,
19and unless and until the commissioner or other chief law
20enforcement officer approves the proposed program. The
21commissioner or other chief law enforcement officer shall approve
22a proposed program if he or she reasonably determines that the
23program will provide sufficient training for persons assigned to
24 perform the duty described in this subdivision.

25(e) Regulating traffic at the site of road or street construction
26or maintenance by persons authorized for that duty by the local
27authority.

28(f) (1) Licensing and regulating the operation of tow truck
29service or tow truck drivers whose principal place of business or
30employment is within the jurisdiction of the local authority,
31excepting the operation and operators of any auto dismantlers’ tow
32vehicle licensed under Section 11505 or any tow truck operated
33by a repossessing agency licensed under Chapter 11 (commencing
34with Section 7500) of Division 3 of the Business and Professions
35Code and its registered employees.

36(2) The Legislature finds that the safety and welfare of the
37general public is promoted by permitting local authorities to
38regulate tow truck service companies and operators by requiring
39licensure, insurance, and proper training in the safe operation of
40towing equipment, thereby ensuring against towing mistakes that
P38   1may lead to violent confrontation, stranding motorists in dangerous
2situations, impeding the expedited vehicle recovery, and wasting
3state and local law enforcement’s limited resources.

4(3) This subdivision does not limit the authority of a city or city
5and county pursuant to Section 12111.

6(g) Operation of bicycles, and, as specified in Section 21114.5,
7electric carts by physically disabled persons, or persons 50 years
8of age or older, on public sidewalks.

9(h) Providing for the appointment of nonstudent school crossing
10guards for the protection of persons who are crossing a street or
11highway in the vicinity of a school or while returning thereafter
12to a place of safety.

13(i) Regulating the methods of deposit of garbage and refuse in
14streets and highways for collection by the local authority or by
15any person authorized by the local authority.

16(j) (1) Regulating cruising.

17(2) The ordinance or resolution adopted pursuant to this
18subdivision shall regulate cruising, which is the repetitive driving
19of a motor vehicle past a traffic control point in traffic that is
20congested at or near the traffic control point, as determined by the
21ranking peace officer on duty within the affected area, within a
22specified time period and after the vehicle operator has been given
23an adequate written notice that further driving past the control
24point will be a violation of the ordinance or resolution.

25(3) A person is not in violation of an ordinance or resolution
26adopted pursuant to this subdivision unless both of the following
27apply:

28(A) That person has been given the written notice on a previous
29driving trip past the control point and then again passes the control
30point in that same time interval.

31(B) The beginning and end of the portion of the street subject
32to cruising controls are clearly identified by signs that briefly and
33clearly state the appropriate provisions of this subdivision and the
34local ordinance or resolution on cruising.

35(k) Regulating or authorizing the removal by peace officers of
36vehicles unlawfully parked in a fire lane, as described in Section
3722500.1, on private property. A removal pursuant to this
38subdivision shall be consistent, to the extent possible, with the
39procedures for removal and storage set forth in Chapter 10
40(commencing with Section 22650).

P39   1 (l) Regulating mobile billboard advertising displays, as defined
2in Section 395.5, including the establishment of penalties, which
3may include, but are not limited to, removal of the mobile billboard
4advertising display, civil penalties, and misdemeanor criminal
5penalties, for a violation of the ordinance or resolution. The
6ordinance or resolution may establish a minimum distance that a
7mobile billboard advertising display shall be moved after a
8specified time period.

9(m)  Licensing and regulating the operation of pedicabs for hire,
10as defined in Section 467.5, and operators of pedicabs for hire,
11including requiring one or more of the following documents:

12(1) A valid California driver’s license.

13(2) Proof of successful completion of a bicycle safety training
14course certified by the League of American Bicyclists or an
15equivalent organization as determined by the local authority.

16(3) A valid California identification card and proof of successful
17completion of the written portion of the California driver’s license
18examination administered by the department. The department shall
19administer, without charging a fee, the original driver’s license
20written examination on traffic laws and signs to a person who
21states that he or she is, or intends to become, a pedicab operator,
22and who holds a valid California identification card or has
23successfully completed an application for a California identification
24card. If the person achieves a passing score on the examination,
25the department shall issue a certificate of successful completion
26of the examination, bearing the person’s name and identification
27card number. The certificate shall not serve in lieu of successful
28completion of the required examination administered as part of
29any subsequent application for a driver’s license. The department
30is not required to enter the results of the examination into the
31computerized record of the person’s identification card or otherwise
32retain a record of the examination or results.

33(n) (1) This section does not authorize a local authority to enact
34or enforce an ordinance or resolution that establishes a violation
35if a violation for the same or similar conduct is provided in this
36code, nor does it authorize a local authority to enact or enforce an
37ordinance or resolution that assesses a fine, penalty, assessment,
38or fee for a violation if a fine, penalty, assessment, or fee for a
39violation involving the same or similar conduct is provided in this
40code.

P40   1(2) This section does not preclude a local authority from enacting
2parking ordinances pursuant to existing authority in Chapter 9
3(commencing with Section 22500) of Division 11.

4(o) (1) Regulating advertising signs on motor vehicles parked
5or left standing upon a public street. The ordinance or resolution
6may establish a minimum distance that the advertising sign shall
7be moved after a specified time period.

8(2) Paragraph (1) does not apply to any of the following:

9(A) Advertising signs that are permanently affixed to the body
10of, an integral part of, or a fixture of a motor vehicle for permanent
11decoration, identification, or display and that do not extend beyond
12the overall length, width, or height of the vehicle.

13(B) If the license plate frame is installed in compliance with
14Section 5201, paper advertisements issued by a dealer contained
15within that license plate frame or any advertisements on that license
16plate frame.

17(3) As used in paragraph (2), “permanently affixed” means any
18of the following:

19(A) Painted directly on the body of a motor vehicle.

20(B) Applied as a decal on the body of a motor vehicle.

21(C) Placed in a location on the body of a motor vehicle that was
22specifically designed by a vehicle manufacturer as defined in
23Section 672 and licensed pursuant to Section 11701, in compliance
24with both state and federal law or guidelines, for the express
25purpose of containing an advertising sign.

26

SEC. 18.  

Section 21100.4 of the Vehicle Code is amended to
27read:

28

21100.4.  

(a) (1) A magistrate presented with the affidavit of
29a peace officer establishing reasonable cause to believe that a
30vehicle, described by vehicle type and license number, is being
31operated as a taxicab or other passenger vehicle for hire in violation
32of Chapter 8.5 (commencing with Section 5451) of Division 2 of
33the Public Utilities Code or in violation of an ordinance of the City
34and County of San Francisco or its airport authority shall issue a
35warrant or order authorizing the peace officer to immediately seize
36and cause the removal of the vehicle.

37(2) The warrant or court order may be entered into a
38computerized database.

39(3) A vehicle so impounded may be impounded for a period not
40to exceed 30 days.

P41   1(4) The impounding agency, within two working days of
2impoundment, shall send a notice by certified mail, return receipt
3requested, to the legal owner of the vehicle, at an address obtained
4from the department, informing the owner that the vehicle has
5been impounded and providing the owner with a copy of the
6warrant or court order. Failure to notify the legal owner within
7two working days shall prohibit the impounding agency from
8charging for more than 15 days’ impoundment when a legal owner
9redeems the impounded vehicle. The law enforcement agency shall
10be open to issue a release to the registered owner or legal owner,
11or the agent of either, whenever the agency is open to serve the
12public for regular, nonemergency business.

13(b) (1) An impounding agency shall release a vehicle to the
14registered owner or his or her agent prior to the end of the
15impoundment period and without the permission of the magistrate
16authorizing the vehicle’s seizure under any of the following
17circumstances:

18(A) When the vehicle is a stolen vehicle.

19(B) When the vehicle was seized under this section for an
20offense that does not authorize the seizure of the vehicle.

21(C) When the vehicle is a rental car.

22(2) A vehicle may not be released under this subdivision, except
23upon presentation of the registered owner’s or agent’s currently
24valid permit to operate the vehicle under the requirements of
25Chapter 8.5 (commencing with Section 5451) of Division 2 of the
26Public Utilities Code or an ordinance of the City and County of
27San Francisco or its airport authority, and proof of current vehicle
28registration, or upon order of the court.

29(c) (1) Whenever a vehicle is impounded under this section,
30the magistrate ordering the storage shall provide the vehicle’s
31registered and legal owners of record, or their agents, with the
32opportunity for a poststorage hearing to determine the validity of
33the storage.

34(2) A notice of the storage shall be mailed or personally
35delivered to the registered and legal owners within 48 hours after
36issuance of the warrant or court order, excluding weekends and
37holidays, by the person or agency executing the warrant or court
38order, and shall include all of the following information:

39(A) The name, address, and telephone number of the agency
40providing the notice.

P42   1(B) The location of the place of storage and a description of the
2vehicle, which shall include, if available, the name or make, the
3manufacturer, the license plate number, and the mileage of the
4vehicle.

5(C) A copy of the warrant or court order and the peace officer’s
6affidavit, as described in subdivision (a).

7(D) A statement that, in order to receive their poststorage
8hearing, the owners, or their agents, are required to request the
9hearing from the magistrate issuing the warrant or court order in
10person, in writing, or by telephone, within 10 days of the date of
11the notice.

12(3) The poststorage hearing shall be conducted within two court
13days after receipt of the request for the hearing.

14(4) At the hearing, the magistrate may order the vehicle released
15if he or she finds any of the circumstances described in subdivision
16(b) or (e) that allow release of a vehicle by the impounding agency.

17(5) Failure of either the registered or legal owner, or his or her
18agent, to request, or to attend, a scheduled hearing satisfies the
19poststorage hearing requirement.

20(6) The agency employing the peace officer who caused the
21magistrate to issue the warrant or court order shall be responsible
22for the costs incurred for towing and storage if it is determined in
23the poststorage hearing that reasonable grounds for the storage are
24not established.

25(d) The registered owner or his or her agent is responsible for
26all towing and storage charges related to the impoundment, and
27any administrative charges authorized under Section 22850.5.

28(e) A vehicle removed and seized under subdivision (a) shall
29be released to the legal owner of the vehicle or the legal owner’s
30agent prior to the end of the impoundment period and without the
31permission of the magistrate authorizing the seizure of the vehicle
32if all of the following conditions are met:

33(1) The legal owner is a motor vehicle dealer, bank, credit union,
34acceptance corporation, or other licensed financial institution
35legally operating in this state or is another person, not the registered
36owner, holding a security interest in the vehicle.

37(2) (A) The legal owner or the legal owner’s agent pays all
38towing and storage fees related to the seizure of the vehicle. A lien
39sale processing fee shall not be charged to the legal owner who
40redeems the vehicle prior to the 15th day of impoundment. Neither
P43   1the impounding authority nor any person having possession of the
2vehicle shall collect from the legal owner of the type specified in
3paragraph (1), or the legal owner’s agent, any administrative
4charges imposed pursuant to Section 22850.5 unless the legal
5owner voluntarily requested a poststorage hearing.

6(B) A person operating or in charge of a storage facility where
7vehicles are stored pursuant to this section shall accept a valid
8bank credit card or cash for payment of towing, storage, and related
9fees by a legal or registered owner or the owner’s agent claiming
10the vehicle. A credit card shall be in the name of the person
11presenting the card. “Credit card” means “credit card” as defined
12in subdivision (a) of Section 1747.02 of the Civil Code, except,
13for the purposes of this section, credit card does not include a credit
14card issued by a retail seller.

15(C) A person operating or in charge of a storage facility
16described in subparagraph (B) who violates subparagraph (B) shall
17be civilly liable to the owner of the vehicle or to the person who
18tendered the fees for four times the amount of the towing, storage,
19and related fees, but not to exceed five hundred dollars ($500).

20(D) A person operating or in charge of a storage facility
21described in subparagraph (B) shall have sufficient funds on the
22premises of the primary storage facility during normal business
23hours to accommodate, and make change in, a reasonable monetary
24transaction.

25(E) Credit charges for towing and storage services shall comply
26with Section 1748.1 of the Civil Code. Law enforcement agencies
27may include the costs of providing for payment by credit when
28making agreements with towing companies on rates.

29(3) (A) The legal owner or the legal owner’s agent presents to
30the law enforcement agency or impounding agency, or any person
31acting on behalf of those agencies, a copy of the assignment, as
32defined in subdivision (b) of Section 7500.1 of the Business and
33Professions Code; a release from the one responsible governmental
34agency, only if required by the agency; a government-issued
35photographic identification card; and any one of the following as
36determined by the legal owner or the legal owner’s agent: a
37certificate of repossession for the vehicle, a security agreement
38for the vehicle, or title, whether paper or electronic, showing proof
39of legal ownership for the vehicle. The law enforcement agency,
40impounding agency, or any other governmental agency, or any
P44   1person acting on behalf of those agencies, shall not require the
2presentation of any other documents.

3(B) The legal owner or the legal owner’s agent presents to the
4person in possession of the vehicle, or any person acting on behalf
5of the person in possession, a copy of the assignment, as defined
6in subdivision (b) of Section 7500.1 of the Business and
7Professions Code; a release from the one responsible governmental
8agency, only if required by the agency; a government-issued
9photographic identification card; and any one of the following as
10determined by the legal owner or the legal owner’s agent: a
11certificate of repossession for the vehicle, a security agreement
12for the vehicle, or title, whether paper or electronic, showing proof
13of legal ownership for the vehicle. The person in possession of the
14vehicle, or any person acting on behalf of the person in possession,
15shall not require the presentation of any other documents.

16(C) All presented documents may be originals, photocopies, or
17facsimile copies, or may be transmitted electronically. The law
18enforcement agency, impounding agency, or any person in
19possession of the vehicle, or anyone acting on behalf of them, shall
20not require any documents to be notarized. The law enforcement
21agency, impounding agency, or any person acting on behalf of
22those agencies, may require the agent of the legal owner to produce
23a photocopy or facsimile copy of its repossession agency license
24or registration issued pursuant to Chapter 11 (commencing with
25Section 7500) of Division 3 of the Business and Professions Code,
26or to demonstrate, to the satisfaction of the law enforcement
27agency, impounding agency, or any person in possession of the
28vehicle, or anyone acting on behalf of them, that the agent is
29exempt from licensure pursuant to Section 7500.2 or 7500.3 of the
30Business and Professions Code.

31(D) An administrative cost authorized under subdivision (a) of
32Section 22850.5 shall not be charged to the legal owner of the type
33specified in paragraph (1) who redeems the vehicle unless the legal
34owner voluntarily requests a poststorage hearing. A city, county,
35city and county, or state agency shall not require a legal owner or
36a legal owner’s agent to request a poststorage hearing as a
37requirement for release of the vehicle to the legal owner or the
38legal owner’s agent. The law enforcement agency, impounding
39agency, or any other governmental agency, or any person acting
40on behalf of those agencies, shall not require any documents other
P45   1than those specified in this paragraph. The law enforcement agency,
2impounding agency, or other governmental agency, or any person
3acting on behalf of those agencies, may not require any documents
4to be notarized. The legal owner or the legal owner’s agent shall
5be given a copy of any documents he or she is required to sign,
6except for a vehicle evidentiary hold logbook. The law enforcement
7agency, impounding agency, or any person acting on behalf of
8those agencies, or any person in possession of the vehicle, may
9photocopy and retain the copies of any documents presented by
10the legal owner or legal owner’s agent.

11(4) A failure by a storage facility to comply with any applicable
12conditions set forth in this subdivision shall not affect the right of
13the legal owner or the legal owner’s agent to retrieve the vehicle,
14provided all conditions required of the legal owner or legal owner’s
15agent under this subdivision are satisfied.

16(f) (1) A legal owner or the legal owner’s agent that obtains
17release of the vehicle pursuant to subdivision (e) shall not release
18the vehicle to the registered owner of the vehicle or the person
19who was listed as the registered owner when the vehicle was
20impounded or any agents of the registered owner until the
21termination of the impoundment period.

22(2) The legal owner or the legal owner’s agent shall not
23relinquish the vehicle to the registered owner or the person who
24was listed as the registered owner when the vehicle was impounded
25until the registered owner or that owner’s agent presents his or her
26valid driver’s license or valid temporary driver’s license, and an
27operator’s permit that is in compliance with the requirements of
28Chapter 8.5 (commencing with Section 5451) of Division 2 of the
29Public Utilities Code or an ordinance of the City and County of
30San Francisco or its airport authority, to the legal owner or the
31legal owner’s agent. The legal owner or the legal owner’s agent
32or the person in possession of the vehicle shall make every
33reasonable effort to ensure that the license and permit presented
34are valid and possession of the vehicle will not be given to the
35driver who was involved in the original impoundment proceeding
36until the expiration of the impoundment period.

37(3) Prior to relinquishing the vehicle, the legal owner may
38require the registered owner to pay all towing and storage charges
39related to the impoundment and the administrative charges
P46   1authorized under Section 22850.5 that were incurred by the legal
2owner in connection with obtaining the custody of the vehicle.

3(4) Any legal owner who knowingly releases or causes the
4release of a vehicle to a registered owner or the person in
5possession of the vehicle at the time of the impoundment or any
6agent of the registered owner in violation of this subdivision shall
7be guilty of a misdemeanor and subject to a civil penalty in the
8amount of two thousand dollars ($2,000).

9(5) The legal owner, registered owner, or person in possession
10of the vehicle shall not change or attempt to change the name of
11the legal owner or the registered owner on the records of the
12department until the vehicle is released from the impoundment.

13(g) Notwithstanding any other provision of this section, the
14registered owner and not the legal owner shall remain responsible
15for any towing and storage charges related to the impoundment
16and the administrative charges authorized under Section 22850.5
17and any parking fines, penalties, and administrative fees incurred
18by the registered owner.

19(h) The law enforcement agency and the impounding agency,
20including any storage facility acting on behalf of the law
21enforcement agency or impounding agency, shall comply with this
22section and shall not be liable to the registered owner for the
23improper release of the vehicle to the legal owner or the legal
24owner’s agent if the release complies with this section. The legal
25owner shall indemnify and hold harmless a storage facility from
26any claims arising out of the release of the vehicle to the legal
27owner or the legal owner’s agent and from any damage to the
28vehicle after its release, including the reasonable costs associated
29with defending any such claims. A law enforcement agency shall
30not refuse to issue a release to a legal owner or the agent of a legal
31owner on the grounds that it previously issued a release.

32

SEC. 19.  

Section 27908 of the Vehicle Code is amended to
33read:

34

27908.  

(a) In every taxicab operated in this state there shall
35be a sign of heavy material, not smaller than 6 inches by 4 inches,
36or such other size as the Public Utilities Commission, or other
37regulating agency pursuant to Section 5451.3 of the Public Utilities
38Code, provides for other notices or signs required to be in every
39taxicab, securely attached and clearly displayed in view of the
P47   1passenger at all times, providing in letters as large as the size of
2the sign will reasonably allow, all of the following information:

3(1) The name, address, and telephone number of the applicable
4unit of the Public Utilities Commission or other regulating agency
5 that regulates the operation of the taxicab.

6(2) The name, address, and telephone number of the taxicab
7carrier that has been issued a permit to provide taxicab
8transportation services by the Public Utilities Commission or other
9regulating agency.

10(b) As used in this section, “taxicab” means a passenger motor
11vehicle designed for carrying not more than eight persons,
12excluding the driver, and used to carry passengers for hire as part
13of taxicab transportation services regulated pursuant to Chapter
148.5 (commencing with Section 5451) of Division 2 of the Public
15Utilities Code or by another regulating agency pursuant to Section
165451.3 of the Public Utilities Code. “Taxicab” shall not include a
17charter-party carrier of passengers within the meaning of the
18Passenger Charter-party Carriers’ Act (Chapter 8 (commencing
19with Section 5351) of Division 2 of the Public Utilities Code).

20

SEC. 20.  

No reimbursement is required by this act pursuant to
21Section 6 of Article XIII B of the California Constitution for certain
22costs that may be incurred by a local agency or school district
23because, in that regard, this act creates a new crime or infraction,
24eliminates a crime or infraction, or changes the penalty for a crime
25or infraction, within the meaning of Section 17556 of the
26Government Code, or changes the definition of a crime within the
27meaning of Section 6 of Article XIII B of the California
28Constitution.

29However, if the Commission on State Mandates determines that
30this act contains other costs mandated by the state, reimbursement
31to local agencies and school districts for those costs shall be made
32pursuant to Part 7 (commencing with Section 17500) of Division
334 of Title 2 of the Government Code.



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