Amended in Senate August 15, 2016

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 tobegin delete amendend deletebegin insert amend, repeal, and addend insert Section 85 of the Code of Civil Procedure, tobegin insert amend andend insert repeal Sectionsbegin delete 53075.5,end delete 53075.6, 53075.61, 53075.7, 53075.8, and 53075.9begin delete ofend deletebegin insert of, and to amend, repeal, and add Section 53075.5 of,end insert the Government Code, to amend Section 830.7 of the Penal Code, to amendbegin insert Section 5353 of, to amend, repeal, and addend insert Sectionsbegin delete 5353,end delete 5411.5, 5412.2, 5413.5, and 120269 of,begin delete andend delete to addbegin insert Section 23 to, and to addend insert Chapter 8.5 (commencing with Section 5451) to Division 2 of, the Public Utilities Code, and tobegin delete amendend deletebegin insert amend, repeal, and addend insert 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 andbegin delete provideend deletebegin insert provide, effective July, 1, 2017,end insert 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 Internationalbegin delete Airport,end deletebegin insert Airportend insert which would continue to be locallybegin delete regulated,end deletebegin insert regulatedend insert 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 would require the commission to require the disclosure of fares, fees and rates, 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.begin delete Theend deletebegin insert The bill would specify certain fees to be imposed by the commission on taxicab carriers.end insert

begin insertTheend insert bill would repeal provisions providing for city and county regulation of taxicabbegin delete services,end deletebegin insert servicesend insert but wouldbegin insert authorize cities and counties, at their option, to elect to issue curbside operation permits to taxicab carriers under commission jurisdiction as of July 1, 2017, granting exclusive authority to provide certain types of taxicab transportation services within their respective jurisdictions, including responding to street hails, sitting at taxi stands, and picking up at airports. The bill would authorize cities and counties issuing curbside operation permits to limit the number of taxicabs that may operate under that authority, would limit the local regulatory fees that those cities and counties may charge to $50 per taxicab, and would prohibit the imposition of taxicab carrier standards beyond those required by the commission. The bill would alsoend insert 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 ofbegin delete December 31, 2016,end deletebegin insert June 30, 2017,end insert 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.

begin insert

The bill would also authorize the Public Utilities Commission to collect trip data for the purposes of transportation and environmental planning from any entity regulated by the commission that provides any form of for-hire passenger transportation, as specified.

end insert

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:

begin delete
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
P4    1shall not be treated as a limited civil case unless all of the following
2conditions are satisfied:

3(a) The amount in controversy does not exceed twenty-five
4thousand dollars ($25,000). As used in this section, “amount in
5controversy” means the amount of the demand, or the recovery
6sought, or the value of the property, or the amount of the lien, that
7is in controversy in the action, exclusive of attorneys’ fees, interest,
8and costs.

9(b) The relief sought is a type that may be granted in a limited
10civil case.

11(c) The relief sought, whether in the complaint, a
12cross-complaint, or otherwise, is exclusively of a type described
13in one or more statutes that classify an action or special proceeding
14as a limited civil case or that provide that an action or special
15proceeding is within the original jurisdiction of the municipal
16court, including, but not limited to, the following provisions:

17(1) Section 798.61 or 798.88 of the Civil Code.

18(2) Section 1719 of the Civil Code.

19(3) Section 3342.5 of the Civil Code.

20(4) Section 86.

21(5) Section 86.1.

22(6) Section 1710.20.

23(7) Section 7581 of the Food and Agricultural Code.

24(8) Section 12647 of the Food and Agricultural Code.

25(9) Section 27601 of the Food and Agricultural Code.

26(10) Section 31503 of the Food and Agricultural Code.

27(11) Section 31621 of the Food and Agricultural Code.

28(12) Section 52514 of the Food and Agricultural Code.

29(13) Section 53564 of the Food and Agricultural Code.

30(14) Section 53069.4 of the Government Code.

31(15) Section 5411.5 of the Public Utilities Code.

32(16) Section 5460.12 of the Public Utilities Code.

33(17) Section 9872.1 of the Vehicle Code.

34(18) Section 10751 of the Vehicle Code.

35(19) Section 14607.6 of the Vehicle Code.

36(20) Section 40230 of the Vehicle Code.

37(21) Section 40256 of the Vehicle Code.

38

SEC. 2.  

Section 53075.5 of the Government Code is repealed.

39

SEC. 3.  

Section 53075.6 of the Government Code is repealed.

40

SEC. 4.  

Section 53075.61 of the Government Code is repealed.

P5    1

SEC. 5.  

Section 53075.7 of the Government Code is repealed.

2

SEC. 6.  

Section 53075.8 of the Government Code is repealed.

3

SEC. 7.  

Section 53075.9 of the Government Code is repealed.

end delete
4begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 85 of the end insertbegin insertCode of Civil Procedureend insertbegin insert is
5amended to read:end insert

6

85.  

An action or special proceeding shall be treated as a limited
7civil case if all of the following conditions are satisfied, and,
8notwithstanding any statute that classifies an action or special
9proceeding as a limited civil case, an action or special proceeding
10shall not be treated as a limited civil case unless all of the following
11conditions are satisfied:

12(a) The amount in controversy does not exceed twenty-five
13thousand dollars ($25,000). As used in this section, “amount in
14controversy” means the amount of the demand, or the recovery
15sought, or the value of the property, or the amount of the lien, that
16is in controversy in the action, exclusive of attorneys’ fees, interest,
17and costs.

18(b) The relief sought is a type that may be granted in a limited
19civil case.

20(c) The relief sought, whether in the complaint, a
21cross-complaint, or otherwise, is exclusively of a type described
22in one or more statutes that classify an action or special proceeding
23as a limited civil case or that provide that an action or special
24proceeding is within the original jurisdiction of the municipal
25court, including, but not limited to, the following provisions:

26(1) Section 798.61 or 798.88 of the Civil Code.

27(2) Section 1719 of the Civil Code.

28(3) Section 3342.5 of the Civil Code.

29(4) Section 86.

30(5) Section 86.1.

31(6) Section 1710.20.

32(7) Section 7581 of the Food and Agricultural Code.

33(8) Section 12647 of the Food and Agricultural Code.

34(9) Section 27601 of the Food and Agricultural Code.

35(10) Section 31503 of the Food and Agricultural Code.

36(11) Section 31621 of the Food and Agricultural Code.

37(12) Section 52514 of the Food and Agricultural Code.

38(13) Section 53564 of the Food and Agricultural Code.

39(14) Section 53069.4 of the Government Code.

40(15) Section 53075.6 of the Government Code.

P6    1(16) Section 53075.61 of the Government Code.

2(17) Section 5411.5 of the Public Utilities Code.

3(18) Section 9872.1 of the Vehicle Code.

4(19) Section 10751 of the Vehicle Code.

5(20) Section 14607.6 of the Vehicle Code.

6(21) Section 40230 of the Vehicle Code.

7(22) Section 40256 of the Vehicle Code.

begin insert

8
(d) This section shall become inoperative on July 1, 2017, and,
9as of January 1, 2018, is repealed, unless a later enacted statute,
10that becomes operative on or before January 1, 2018, deletes or
11extends the dates on which it becomes inoperative and is repealed.

end insert
12begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 85 is added to the end insertbegin insertCode of Civil Procedureend insertbegin insert, to
13read:end insert

begin insert
14

begin insert85.end insert  

An action or special proceeding shall be treated as a limited
15civil case if all of the following conditions are satisfied, and,
16notwithstanding any statute that classifies an action or special
17proceeding as a limited civil case, an action or special proceeding
18shall not be treated as a limited civil case unless all of the following
19conditions are satisfied:

20
(a) The amount in controversy does not exceed twenty-five
21thousand dollars ($25,000). As used in this section, “amount in
22controversy” means the amount of the demand, or the recovery
23sought, or the value of the property, or the amount of the lien, that
24is in controversy in the action, exclusive of attorneys’ fees, interest,
25and costs.

26
(b) The relief sought is a type that may be granted in a limited
27civil case.

28
(c) The relief sought, whether in the complaint, a
29cross-complaint, or otherwise, is exclusively of a type described
30in one or more statutes that classify an action or special proceeding
31as a limited civil case or that provide that an action or special
32proceeding is within the original jurisdiction of the municipal
33court, including, but not limited to, the following provisions:

34
(1) Section 798.61 or 798.88 of the Civil Code.

35
(2) Section 1719 of the Civil Code.

36
(3) Section 3342.5 of the Civil Code.

37
(4) Section 86.

38
(5) Section 86.1.

39
(6) Section 1710.20.

40
(7) Section 7581 of the Food and Agricultural Code.

P7    1
(8) Section 12647 of the Food and Agricultural Code.

2
(9) Section 27601 of the Food and Agricultural Code.

3
(10) Section 31503 of the Food and Agricultural Code.

4
(11) Section 31621 of the Food and Agricultural Code.

5
(12) Section 52514 of the Food and Agricultural Code.

6
(13) Section 53564 of the Food and Agricultural Code.

7
(14) Section 53069.4 of the Government Code.

8
(15) Section 5411.5 of the Public Utilities Code.

9
(16) Section 5460.12 of the Public Utilities Code.

10
(17) Section 9872.1 of the Vehicle Code.

11
(18) Section 10751 of the Vehicle Code.

12
(19) Section 14607.6 of the Vehicle Code.

13
(20) Section 40230 of the Vehicle Code.

14
(21) Section 40256 of the Vehicle Code.

15
(d) This section shall become operative on July 1, 2017.

end insert
16begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 53075.5 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
17to read:end insert

18

53075.5.  

(a) Notwithstanding Chapter 8 (commencing with
19Section 5351) of Division 2 of the Public Utilities Code, every
20city or county shall protect the public health, safety, and welfare
21by adopting an ordinance or resolution in regard to taxicab
22transportation service rendered in vehicles designed for carrying
23not more than eight persons, excluding the driver, which is operated
24within the jurisdiction of the city or county.

25(b) Each city or county shall provide for, but is not limited to
26providing for, the following:

27(1) A policy for entry into the business of providing taxicab
28transportation service. The policy shall include, but need not be
29limited to, all of the following provisions:

30(A) Employment, or an offer of employment, as a taxicab driver
31in the jurisdiction, including compliance with all of the
32requirements of the program adopted pursuant to paragraph (3),
33shall be a condition of issuance of a driver’s permit.

34(B) The driver’s permit shall become void upon termination of
35employment.

36(C) The driver’s permit shall state the name of the employer.

37(D) The employer shall notify the city or county upon
38termination of employment.

39(E) The driver shall return the permit to the city or county upon
40termination of employment.

P8    1(2) The establishment or registration of rates for the provision
2of taxicab transportation service.

3(3) (A) A mandatory controlled substance and alcohol testing
4certification program. The program shall include, but need not be
5limited to, all of the following requirements:

6(i) Drivers shall test negative for each of the controlled
7substances specified in Part 40 (commencing with Section 40.1)
8of Title 49 of the Code of Federal Regulations, before employment.
9Drivers shall test negative for these controlled substances and for
10alcohol as a condition of permit renewal or, if no periodic permit
11renewals are required, at such other times as the city or county
12shall designate. As used in this section, a negative test for alcohol
13means an alcohol screening test showing a breath alcohol
14concentration of less than 0.02 percent.

15(ii) Procedures shall be substantially as in Part 40 (commencing
16with Section 40.1) of Title 49 of the Code of Federal Regulations,
17except that the driver shall show a valid California driver’s license
18at the time and place of testing, and except as provided otherwise
19in this section. Requirements for rehabilitation and for
20return-to-duty and followup testing and other requirements, except
21as provided otherwise in this section, shall be substantially as in
22Part 382 (commencing with Section 382.101) of Title 49 of the
23Code of Federal Regulations.

24(iii) A test in one jurisdiction shall be accepted as meeting the
25same requirement in any other jurisdiction. Any negative test result
26shall be accepted for one year as meeting a requirement for periodic
27permit renewal testing or any other periodic testing in that
28jurisdiction or any other jurisdiction, if the driver has not tested
29positive subsequent to a negative result. However, an earlier
30negative result shall not be accepted as meeting the
31pre-employment testing requirement for any subsequent
32employment, or any testing requirements under the program other
33than periodic testing.

34(iv) In the case of a self-employed independent driver, the test
35results shall be reported directly to the city or county, which shall
36notify the taxicab leasing company of record, if any, of positive
37results. In all other cases, the results shall be reported directly to
38the employing transportation operator, who may be required to
39notify the city or county of positive results.

P9    1(v) All test results are confidential and shall not be released
2without the consent of the driver, except as authorized or required
3by law.

4(vi) Self-employed independent drivers shall be responsible for
5compliance with, and shall pay all costs of, this program with
6regard to themselves. Employing transportation operators shall be
7responsible for compliance with, and shall pay all costs of, this
8program with respect to their employees and potential employees,
9except that an operator may require employees who test positive
10to pay the costs of rehabilitation and of return-to-duty and followup
11testing.

12(vii) Upon the request of a driver applying for a permit, the city
13or county shall give the driver a list of the consortia certified
14pursuant to Part 382 (commencing with Section 382.101) of Title
1549 of the Code of Federal Regulations that the city or county knows
16offer tests in or near the jurisdiction.

17(B) No evidence derived from a positive test result pursuant to
18the program shall be admissible in a criminal prosecution
19concerning unlawful possession, sale or distribution of controlled
20substances.

21(c) Each city or county may levy service charges, fees, or
22assessments in an amount sufficient to pay for the costs of carrying
23out an ordinance or resolution adopted in regard to taxicab
24transportation services pursuant to this section.

25(d) Nothing in this section prohibits a city or county from
26adopting additional requirements for a taxicab to operate in its
27jurisdiction.

28(e) For purposes of this section, “employment” includes
29self-employment as an independent driver.

begin insert

30
(f) This section shall become inoperative on July 1, 2017, and,
31as of January 1, 2018, is repealed, unless a later enacted statute,
32that becomes operative on or before January 1, 2018, deletes or
33extends the dates on which it becomes inoperative and is repealed.

end insert
34begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 53075.5 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
35read:end insert

begin insert
36

begin insert53075.5.end insert  

(a) The Public Utilities Commission, pursuant to
37Chapter 8.5 (commencing with Section 5451) of Division 2 of the
38Public Utilities Code, shall issue permits to entities to operate
39taxicab transportation services as taxicab carriers. The statewide
40taxicab carrier permit issued by the commission pursuant to
P10   1Section 5452.2 of the Public Utilities Code authorizes a taxicab
2carrier to operate anywhere in the state, except as otherwise
3provided by Section 5451.3 of the Public Utilities Code with respect
4to taxicab transportation services originating in the jurisdiction
5of the City and County of San Francisco or at the San Francisco
6International Airport. The statewide permit authorizes the taxicab
7carrier to carry any dispatched fare, whether the order comes in
8through telephone dispatch, an Internet Web site, an online-enabled
9mobile application, or other online-enabled means.

10
(b) (1) Notwithstanding subdivision (a) or Chapter 8.5
11(commencing with Section 5451) of Division 2 of the Public
12Utilities Code, a city or county, other than the City and County of
13San Francisco, that regulates taxicab transportation services
14within its jurisdiction as of June 30, 2017, may grant exclusive
15authority to a taxicab carrier under commission jurisdiction on
16and after July 1, 2017, to provide certain types of taxicab
17transportation services, as specified in paragraph (2), within the
18jurisdiction of the city or county through the issuance of a curbside
19operation permit. The city or county may impose a cap on the total
20number of taxicabs that may be operated by taxicab carriers
21pursuant to curbside operation permits. However, a city or county
22shall not in any way limit or prohibit a taxicab carrier with a
23statewide taxicab carrier permit, that has not been issued a
24 curbside operation permit, from carrying any dispatched fare,
25whether the order comes in through telephone dispatch, an Internet
26Web site, an online-enabled mobile application, or other
27online-enabled means.

28
(2) A taxicab carrier that is issued a curbside operation permit
29by a city or county pursuant to paragraph (1) may do all of the
30following within the jurisdiction of the city or county:

31
(A) Respond to street hails.

32
(B) Sit at taxicab stands.

33
(C) Pick up passengers at airports.

34
(c) A taxicab carrier with a statewide taxicab carrier permit,
35that has not been issued a curbside operation permit by a local
36agency pursuant to paragraph (1) of subdivision (b), is prohibited
37from providing the types of taxicab transportation services
38described in paragraph (2) of subdivision (b) within the jurisdiction
39of a city or county that issues curbside operation permits, but may
P11   1provide those specified taxicab transportation services at all other
2locations covered by the statewide permit.

3
(d)  A city or county that issues curbside operation permits
4pursuant to subdivision (b) shall provide a window sticker for each
5taxicab covered by the permit, which shall be affixed to each
6covered taxicab. The city or county may charge a fee to cover its
7regulatory costs related to issuance of the permit, not to exceed
8fifty dollars ($50) annually per taxicab covered by the permit.

9
(e) A city or county that issues curbside operation permits
10pursuant to subdivision (b) may not impose standards on taxicab
11carriers beyond the standards required under Chapter 8.5
12(commencing with Section 5451) of Division 2 of the Public
13Utilities Code.

14
(f) This section shall become operative on July 1, 2017.

end insert
15begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 53075.6 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
16to read:end insert

17

53075.6.  

Whenever a peace officer or public officer or
18employee, when authorized by ordinance and as defined in Section
19836.5 of the Penal Code, arrests any person for operating as a
20taxicab without a valid taxicab certificate, license, or permit
21required by any ordinance, and the offense occurred at a public
22airport, within 100 feet of a public airport, or within two miles of
23the international border between the United States and Mexico,
24the officer or employee may impound and retain possession of any
25vehicle used in a violation of the ordinance.

26If the vehicle is seized from a person who is not the owner of
27the vehicle, the impounding authority shall immediately give notice
28to the owner by first-class mail.

29The vehicle shall immediately be returned to the owner without
30cost to the owner if the infraction or violation is not prosecuted or
31is dismissed, the owner is found not guilty of the offense, or it is
32determined that the vehicle was used in violation of the ordinance
33without the knowledge and consent of the owner. Otherwise, the
34vehicle shall be returned to the owner upon payment of any fine
35ordered by the court. After the expiration of six weeks from the
36final disposition of the criminal case, the impounding authority
37may deal with the vehicle as lost or abandoned property under
38Section 1411 of the Penal Code.

39At any time, a person may make a motion in superior court for
40the immediate return of a vehicle on the ground that there was no
P12   1probable cause to seize it or that there is some other good cause,
2as determined by the court, for the return of the vehicle. A
3proceeding under this paragraph is a limited civil case.

4No officer or employee, however, shall impound any vehicle
5owned or operated by a nonprofit organization exempt from
6taxation pursuant to Section 501(c)(3) of the Internal Revenue
7Code which serves youth or senior citizens and provides
8transportation incidental to its programs or services.

begin insert

9
This section shall become inoperative on July 1, 2017, and, as
10of January 1, 2018, is repealed, unless a later enacted statute, that
11becomes operative on or before January 1, 2018, deletes or extends
12the dates on which it becomes inoperative and is repealed.

end insert
13begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 53075.61 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
14to read:end insert

15

53075.61.  

A transportation inspector, authorized by a local
16government to cite any person for operating as a taxicab without
17a valid taxicab certificate, license, or permit required by any
18ordinance, may impound and retain possession of any vehicle used
19in a violation of the ordinance.

20If the vehicle is seized from a person who is not the owner of
21the vehicle, the impounding authority shall immediately give notice
22to the owner by first-class mail.

23The vehicle shall immediately be returned to the owner without
24cost to the owner if the infraction or violation is not prosecuted or
25is dismissed, the owner is found not guilty of the offense, or it is
26determined that the vehicle was used in violation of the ordinance
27without the knowledge and consent of the owner. Otherwise, the
28vehicle shall be returned to the owner upon payment of any fine
29ordered by the court. After the expiration of six weeks from the
30final disposition of the criminal case, the impounding authority
31may deal with the vehicle as lost or abandoned property under
32Section 1411 of the Penal Code.

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

38No officer or employee, however, shall impound any vehicle
39owned or operated by a nonprofit organization exempt from
40taxation pursuant to Section 501(c)(3) of the Internal Revenue
P13   1Code which serves youth or senior citizens and provides
2transportation incidental to its programs or services.

begin insert

3
This section shall become inoperative on July 1, 2017, and, as
4of January 1, 2018, is repealed, unless a later enacted statute, that
5becomes operative on or before January 1, 2018, deletes or extends
6the dates on which it becomes inoperative and is repealed.

end insert
7begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 53075.7 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
8to read:end insert

9

53075.7.  

(a) Upon receipt of a complaint containing sufficient
10information to warrant conducting an investigation, the local
11agency shall investigate any business that advertises or operates
12taxicab transportation service for hire. The local agency shall, by
13ordinance, resolution, or other appropriate procedure, adopt criteria
14that establishes the type of information, if contained in a complaint,
15that is sufficient to warrant an investigation. Pursuant to this
16investigation, the local agency shall do all of the following:

17(1) Determine which businesses, if any, are required to have in
18effect a valid taxicab certificate, license, or permit as required by
19ordinance, but do not have that valid authority to operate.

20(2) Inform any business not having valid authority to operate
21that it is in violation of law.

22(3) Within 60 days of informing the business pursuant to
23paragraph (2), institute civil or criminal proceedings, or both,
24pursuant to the governing municipal code or other authority of
25jurisdiction.

26(b) For purposes of this section:

27(1) “Advertises” means any action described in subdivision (b)
28of Section 53075.9.

29(2) “Local agency” means the local entity responsible for the
30regulation, including, but not limited to, the certification, licensing,
31or permitting of, and enforcement of rules, regulations, or
32ordinances governing, taxicabs within the local jurisdiction.

begin insert

33
(c) This section shall become inoperative on July 1, 2017, and,
34as of January 1, 2018, is repealed, unless a later enacted statute,
35that becomes operative on or before January 1, 2018, deletes or
36extends the dates on which it becomes inoperative and is repealed.

end insert
37begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 53075.8 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
38to read:end insert

39

53075.8.  

(a) The Legislature finds and declares that advertising
40and use of telephone service is essential for a taxicab transportation
P14   1service to obtain business and conduct intrastate passenger
2transportation services. Unlawful advertisements by taxicabs
3operating without a valid taxicab certificate, license, or permit
4required by any ordinance has resulted in properly certificated,
5licensed, and permitted taxicab operators competing with these
6taxicabs operating without a proper taxicab certificate, license, or
7permit using unfair business practices. Taxicabs operating without
8a proper taxicab certificate, license, or permit have also exposed
9passengers to unscrupulous persons who portray themselves as
10lawful operators. Many of these taxicabs operating without a proper
11taxicab certificate, license, or permit have been found to have also
12been operating without insurance, or in an unsafe manner, thereby
13placing their passengers at risk.

14(b) (1) The Legislature further finds and declares that the
15termination of telephone service utilized by taxicabs operating
16without proper authority is essential to ensure the public safety
17and welfare. Therefore, local agencies should take enforcement
18action, as specified in this section, to disconnect telephone service
19of unauthorized taxicab operators who unlawfully advertise
20passenger transportation services in yellow page directories and
21other publications. The enforcement actions provided for by this
22section are consistent with the decision of the California Supreme
23Court in Goldin v. Public Utilities Commission (1979) 23 Cal. 3d
24638.

25(2) For purposes of this section, a telephone corporation or
26telegraph corporation, or a corporation that holds a controlling
27interest in the telephone or telegraph corporation, or any business
28that is a subsidiary or affiliate of the telephone or telegraph
29corporation, that has the name and address of the subscriber to a
30telephone number being used by a unauthorized taxicab operator
31shall provide the local agency, or an authorized officer or employee
32of the local agency, upon demand, and the order of a magistrate,
33access to this information. A magistrate may only issue an order
34for the purposes of this subdivision, if the magistrate has made the
35findings required by paragraph (2) of subdivision (f).

36(c) (1) In addition to any other remedies that may be available
37by law, if a local agency determines that a taxicab transportation
38service has operated within the local agency’s jurisdiction in
39violation of the local agency’s ordinance adopted under Section
4053075.5, the local agency may notify the taxicab operator that the
P15   1local agency intends to seek termination of the operator’s telephone
2service. The notice shall be sent by certified mail to the operator
3at the operator’s last known mailing address. If the local agency
4is unable to determine the operator’s mailing address, the local
5agency shall post the notice for at least 10 calendar days.

6(2) The notice shall contain sufficient information to identify
7the taxicab transportation service, to inform the taxicab operator
8of the alleged violations of the local agency’s ordinance, and the
9procedures for protesting the allegations contained in the notice.

10(d) The taxicab operator, within 10 calendar days of the date of
11the notice, may contest the allegations contained in the notice by
12filing a written protest with the local agency. The local agency
13shall schedule a hearing on the protest within 21 calendar days of
14 receiving the protest.

15(e) The governing body of the local agency, or any person or
16persons as may be designated by the governing body, shall hear
17the protest. The local agency shall have both the burden of
18providing that the use made, or to be made, of the telephone service
19is to hold out to the public to perform, or to assist in performing,
20services as a taxicab transportation service, and that the telephone
21service is being, or is to be, used as an instrumentality, directly or
22indirectly, to violate, or assist in violating, the local agency’s
23applicable ordinance. The taxicab operator, or his or her designated
24representative, shall be allowed to present evidence to answer or
25refute any allegations presented to the hearing body by the local
26agency. The hearing body may continue the hearing from time to
27time. Within 10 calendar days of the close of the hearing, the
28hearing body shall issue a written decision to uphold or reject, in
29whole or in part, the allegations contained in the notice. If the
30hearing body upholds the allegations in whole or in part, the written
31decision shall state either that the allegations are sufficient to justify
32seeking termination of the taxicab operator’s telephone service,
33or that the allegations are not sufficient.

34(f) (1) If the local agency does not receive a timely protest, or,
35after a protest hearing held pursuant to subdivision (d), the hearing
36body has determined that the allegations are sufficient to justify
37seeking termination of the telephone operator’s telephone service,
38the local agency may seek termination of the taxicab operator’s
39telephone service as provided in this section.

P16   1(2) A telephone or telegraph corporation shall refuse telephone
2service to a new subscriber and shall disconnect telephone service
3of an existing subscriber only after it is shown that other available
4enforcement remedies of the local agency have failed to terminate
5unlawful activities detrimental to the public welfare and safety,
6and upon receipt from any authorized officer or employee of the
7local agency of a writing, signed by a magistrate, as defined by
8Sections 807 and 808 of the Penal Code, finding that probable
9cause exists to believe that the subscriber is advertising or holding
10out to the public to perform taxicab transportation services in
11violation of the local agency’s applicable ordinance, or that the
12telephone service otherwise is being used or is to be used as an
13instrumentality, directly or indirectly, to violate or assist in
14violation of the laws requiring a taxicab operator to have valid
15operating authority. Included in the writing of the magistrate shall
16be a finding that there is probable cause to believe that the subject
17telephone facilities have been, or are to be, used in the commission
18or facilitation of holding out to the public to perform taxicab
19 transportation services in violation of the local agency’s applicable
20ordinance.

21(g) The telephone or telegraph corporation, immediately upon
22refusal or disconnection of service in accordance with paragraph
23(2) of subdivision (f), shall notify the subscriber in writing that the
24refusal or disconnection of telephone service has been made
25pursuant to a request of a local agency and the writing of a
26magistrate, and shall include a copy of this section, a copy of the
27writing of the magistrate, and a statement that the customer of the
28subscriber may request information from the local agency
29concerning any provision of this section and the manner in which
30a complaint may be filed.

31(h) The provisions of this section are an implied term of every
32contract for telephone service and a part of any application for
33telephone service. Applicants for, and subscribers and customers
34of, telephone service, have, as a matter of law, consented to the
35provisions of this section as a consideration for the furnishing of
36the telephone service.

37(i) As used in this section, the terms “person,” “customer,” and
38“subscriber” include the subscriber to telephone service, any person
39using the telephone service of a subscriber, an applicant for
P17   1telephone service, a corporation, a limited liability company, a
2partnership, an association, and includes their lessees and assigns.

3(j) As used in this section, the following terms have the
4following meanings:

5(1) “Authorized officer or employee of the local agency”
6includes any employee of the local agency designated by the local
7agency’s governing body.

8(2) “Local agency” has the same meaning as specified in
9 subdivision (b) of Section 53075.7.

10(3) “Telegraph corporation” has the same meaning as specified
11in Section 236 of the Public Utilities Code.

12(4) “Telephone corporation” has the same meaning as specified
13in Section 234 of the Public Utilities Code.

begin insert

14
(k) This section shall become inoperative on July 1, 2017, and,
15as of January 1, 2018, is repealed, unless a later enacted statute,
16that becomes operative on or before January 1, 2018, deletes or
17extends the dates on which it becomes inoperative and is repealed.

end insert
18begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 53075.9 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
19to read:end insert

20

53075.9.  

(a) Every taxicab transportation service shall include
21the number of its certificate, license, or permit in every written or
22oral advertisement of the services it offers.

23(b) For purposes of this subdivision, “advertisement” includes,
24but is not limited to, the issuance of any card, sign, or device to
25any person, the causing, permitting, or allowing the placement of
26any sign or marking on or in any building or structure, or in any
27media form, including newspaper, magazine, radiowave, satellite
28signal, or any electronic transmission, or in any directory soliciting
29taxicab transportation services subject to this chapter.

30(c) Whenever the local agency, after a hearing, finds that any
31person or corporation is operating as a taxicab transportation
32service without a valid certificate, license, or permit or fails to
33include in any written or oral advertisement the number required
34by subdivision (a), the local agency may impose a fine of not more
35than five thousand dollars ($5,000) for each violation. The local
36agency may assess the person or corporation an amount sufficient
37to cover the reasonable expense of investigation incurred by the
38local agency. The local agency may assess interest on any fine or
39assessment imposed, to commence on the day the payment of the
40fine or assessment becomes delinquent. All fines, assessments,
P18   1and interest collected shall be deposited at least once each month
2in a fund established for the purpose of enforcing this section.

3(d) For purposes of this section, “local agency” has the same
4meaning as specified in subdivision (b) of Section 53075.7.

begin insert

5
(e) This section shall become inoperative on July 1, 2017, and,
6as of January 1, 2018, is repealed, unless a later enacted statute,
7that becomes operative on or before January 1, 2018, deletes or
8extends the dates on which it becomes inoperative and is repealed.

end insert
9

begin deleteSEC. 8.end delete
10
begin insertSEC. 10.end insert  

Section 830.7 of the Penal Code is amended to read:

11

830.7.  

The following persons are not peace officers but may
12exercise the powers of arrest of a peace officer as specified in
13Section 836 during the course and within the scope of their
14employment, if they successfully complete a course in the exercise
15of those powers pursuant to Section 832:

16(a) Persons designated by a cemetery authority pursuant to
17Section 8325 of the Health and Safety Code.

18(b) Persons regularly employed as security officers for
19independent institutions of higher education, recognized under
20subdivision (b) of Section 66010 of the Education Code, if the
21institution has concluded a memorandum of understanding,
22permitting the exercise of that authority, with the sheriff or the
23chief of police within whose jurisdiction the institution lies.

24(c) Persons regularly employed as security officers for health
25facilities, as defined in Section 1250 of the Health and Safety Code,
26that are owned and operated by cities, counties, and cities and
27counties, if the facility has concluded a memorandum of
28understanding, permitting the exercise of that authority, with the
29sheriff or the chief of police within whose jurisdiction the facility
30lies.

31(d) Employees or classes of employees of the California
32Department of Forestry and Fire Protection designated by the
33Director of Forestry and Fire Protection, provided that the primary
34duty of the employee shall be the enforcement of the law as that
35duty is set forth in Section 4156 of the Public Resources Code.

36(e) Persons regularly employed as inspectors, supervisors, or
37security officers for transit districts, as defined in Section 99213
38of the Public Utilities Code, if the district has concluded a
39memorandum of understanding permitting the exercise of that
40authority, with, as applicable, the sheriff, the chief of police, or
P19   1the Department of the California Highway Patrol within whose
2jurisdiction the district lies. For the purposes of this subdivision,
3the exercise of peace officer authority may include the authority
4to remove a vehicle from a railroad right-of-way as set forth in
5Section 22656 of the Vehicle Code.

6(f) Nonpeace officers regularly employed as county parole
7officers pursuant to Section 3089.

8(g) Persons appointed by the Executive Director of the California
9Science Center pursuant to Section 4108 of the Food and
10Agricultural Code.

11(h) Persons regularly employed as investigators by the
12 Department of Transportation for the City of Los Angeles and
13designated by local ordinance as public officers, to the extent
14necessary to enforce laws related to public transportation, and
15authorized by a memorandum of understanding with the chief of
16police, permitting the exercise of that authority. For the purposes
17of this subdivision, “investigator” means an employee authorized
18by local ordinance to enforce laws related to public transportation.
19Transportation investigators authorized by this section shall not
20be deemed “peace officers” for purposes of Sections 241 and 243.

21(i) Persons regularly employed by any department of the City
22of Los Angeles who are designated as security officers and
23authorized by local ordinance to enforce laws related to the
24preservation of peace in or about the properties owned, controlled,
25operated, or administered by any department of the City of Los
26Angeles and authorized by a memorandum of understanding with
27the Chief of Police of the City of Los Angeles permitting the
28exercise of that authority. Security officers authorized pursuant to
29this subdivision shall not be deemed peace officers for purposes
30of Sections 241 and 243.

31(j) Illegal dumping enforcement officers or code enforcement
32officers, to the extent necessary to enforce laws related to illegal
33waste dumping or littering, and authorized by a memorandum of
34understanding with, as applicable, the sheriff or chief of police
35within whose jurisdiction the person is employed, permitting the
36exercise of that authority. An “illegal dumping enforcement officer
37or code enforcement officer” is defined, for purposes of this
38section, as a person employed full time, part time, or as a volunteer
39after completing training prescribed by law, by a city, county, or
40city and county, whose duties include illegal dumping enforcement
P20   1and who is designated by local ordinance as a public officer. An
2illegal dumping enforcement officer or code enforcement officer
3may also be a person who is not regularly employed by a city,
4county, or city and county, but who has met all training
5requirements and is directly supervised by a regularly employed
6illegal dumping enforcement officer or code enforcement officer
7conducting illegal dumping enforcement. This person shall not
8have the power of arrest or access to summary criminal history
9information pursuant to this section. No person may be appointed
10as an illegal dumping enforcement officer or code enforcement
11officer if that person is disqualified pursuant to the criteria set forth
12in Section 1029 of the Government Code. Persons regularly
13employed by a city, county, or city and county designated pursuant
14to this subdivision may be furnished state summary criminal history
15information upon a showing of compelling need pursuant to
16subdivision (c) of Section 11105.

begin delete
17

SEC. 9.  

Section 5353 of the Public Utilities Code is amended
18to read:

19

5353.  

This chapter does not apply to any of the following:

20(a) Transportation service rendered wholly within the corporate
21limits of a single city or city and county and licensed or regulated
22by ordinance.

23(b) Transportation of school pupils conducted by or under
24contract with the governing board of any school district entered
25into pursuant to the Education Code.

26(c) Common carrier transportation services between fixed
27termini or over a regular route that are subject to authorization
28pursuant to Article 2 (commencing with Section 1031) of Chapter
295 of Part 1 of Division 1.

30(d) Transportation services occasionally afforded for farm
31employees moving to and from farms on which employed when
32the transportation is performed by the employer in an owned or
33leased vehicle, or by a nonprofit agricultural cooperative
34association organized and acting within the scope of its powers
35under Chapter 1 (commencing with Section 54001) of Division
3620 of the Food and Agricultural Code, and without any requirement
37for the payment of compensation therefor by the employees.

38(e) Transportation service rendered by a publicly owned transit
39system.

P21   1(f) Passenger vehicles carrying passengers on a noncommercial
2enterprise basis.

3(g) Taxicab transportation services subject to regulation pursuant
4to Chapter 8.5 (commencing with Section 5451) or exempt from
5regulation under that chapter pursuant to Section 5451.3.

6(h) Transportation of persons between home and work locations
7or of persons having a common work-related trip purpose in a
8vehicle having a seating capacity of 15 passengers or less, including
9the driver, which are used for the purpose of ridesharing, as defined
10in Section 522 of the Vehicle Code, when the ridesharing is
11incidental to another purpose of the driver. This exemption also
12applies to a vehicle having a seating capacity of more than 15
13passengers if the driver files with the commission evidence of
14liability insurance protection in the same amount and in the same
15manner as required for a passenger stage corporation, and the
16vehicle undergoes and passes an annual safety inspection by the
17Department of the California Highway Patrol. The insurance filing
18shall be accompanied by a one-time filing fee of seventy-five
19dollars ($75). This exemption does not apply if the primary purpose
20for the transportation of those persons is to make a profit. “Profit,”
21as used in this subdivision, does not include the recovery of the
22actual costs incurred in owning and operating a vanpool vehicle,
23as defined in Section 668 of the Vehicle Code.

24(i) Vehicles used exclusively to provide medical transportation,
25including vehicles employed to transport developmentally disabled
26persons for regional centers established pursuant to Chapter 5
27(commencing with Section 4620) of Division 4.5 of the Welfare
28and Institutions Code.

29(j) Transportation services rendered solely within the Lake
30Tahoe Basin, comprising that area included within the Tahoe
31Regional Planning Compact as set forth in Section 66801 of the
32Government Code, when the operator of the services has obtained
33any permit required from the Tahoe Basin Transportation Authority
34or the City of South Lake Tahoe, or both.

35(k) Subject to Section 34507.6 of the Vehicle Code,
36transportation service provided by the operator of an automobile
37rental business in vehicles owned or leased by that operator,
38without charge other than as may be included in the automobile
39rental charges, to carry its customers to or from its office or facility
P22   1where rental vehicles are furnished or returned after the rental
2period.

3(l) Subject to Section 34507.6 of the Vehicle Code,
4transportation service provided by the operator of a hotel, motel,
5or other place of temporary lodging in vehicles owned or leased
6by that operator, without charge other than as may be included in
7the charges for lodging, between the lodging facility and an air,
8rail, water, or bus passenger terminal or between the lodging
9facility and any place of entertainment or commercial attraction,
10including, but not limited to, facilities providing snow skiing.
11Nothing in this subdivision authorizes the operator of a hotel,
12motel, or other place of temporary lodging to provide any round
13trip sightseeing service without a permit, as required by subdivision
14(c) of Section 5384.

15(m) (1) Transportation of hot air balloon ride passengers in a
16balloon chase vehicle from the balloon landing site back to the
17original takeoff site, provided that the balloon ride was conducted
18by a balloonist who meets all of the following conditions:

19(A) Does not fly more than a total of 30 passenger rides for
20compensation annually.

21(B) Does not provide any preflight ground transportation
22services in their vehicles.

23(C) In providing return transportation to the launch site from
24landing does not drive more than 300 miles annually.

25(D) Files with the commission an exemption declaration and
26proof of vehicle insurance, as prescribed by the commission,
27certifying that the operator qualifies for the exemption and will
28maintain minimum insurance on each vehicle of one hundred
29thousand dollars ($100,000) for injury or death of one person, three
30hundred thousand dollars ($300,000) for injury or death of two or
31more persons and one hundred thousand dollars ($100,000) for
32damage to property.

33(2) Nothing in this subdivision authorizes the operator of a
34commercial balloon operation to provide any round trip sightseeing
35service without a permit, as required by subdivision (c) of Section
365384.

37(n) (1) Transportation services incidental to operation of a youth
38camp that are provided by either a nonprofit organization that
39qualifies for tax exemption under Section 501(c)(3) of the Internal
40Revenue Code or an organization that operates an organized camp,
P23   1as defined in Section 18897 of the Health and Safety Code, serving
2youth 18 years of age or younger.

3(2) Any transportation service described in paragraph (1) shall
4comply with all of the following requirements:

5(A) Register as a private carrier with the commission pursuant
6to Section 4005.

7(B) Participate in a pull notice system for employers of drivers
8as prescribed in Section 1808.1 of the Vehicle Code.

9(C) Ensure compliance with the annual bus terminal inspection
10required by subdivision (c) of Section 34501 of the Vehicle Code.

11(D) Obtain the following minimum amounts of general liability
12insurance coverage for vehicles that are used to transport youth:

13(i) A minimum of five hundred thousand dollars ($500,000)
14general liability insurance coverage for passenger vehicles designed
15to carry up to eight passengers. For organized camps, as defined
16in Section 18897 of the Health and Safety Code, an additional two
17hundred fifty thousand dollars ($250,000) general umbrella policy
18that covers vehicles.

19(ii) A minimum of one million dollars ($1,000,000) general
20 liability insurance coverage for vehicles designed to carry up to
2115 passengers. For organized camps, as defined in Section 18897
22of the Health and Safety Code, an additional five hundred thousand
23dollars ($500,000) general umbrella policy that covers vehicles.

24(iii) A minimum of one million five hundred thousand dollars
25($1,500,000) general liability insurance coverage for vehicles
26designed to carry more than 15 passengers, and an additional three
27million five hundred thousand dollars ($3,500,000) general
28umbrella liability insurance policy that covers vehicles.

end delete
begin delete
29

SEC. 10.  

Section 5411.5 of the Public Utilities Code is
30amended to read:

31

5411.5.  

(a) Whenever a peace officer, as defined in Chapter
324.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal
33Code, arrests a person for operation of a charter-party carrier of
34passengers without a valid certificate or permit, the peace officer
35may impound and retain possession of the vehicle.

36(b) Whenever a peace officer, as defined in Chapter 4.5
37(commencing with Section 830) of Title 3 of Part 2 of the Penal
38Code, arrests a person for operating a charter-party carrier of
39passengers as a taxicab in violation of Chapter 8.5 (commencing
40with Section 5451) or in violation of a local ordinance of the City
P24   1and County of San Francisco or its airport authority, the peace
2officer may impound and retain possession of the vehicle.

3(c) If the vehicle is seized from a person who is not the owner
4of the vehicle, the impounding authority shall immediately give
5notice to the owner by first-class mail.

6(d) The vehicle shall immediately be returned to the owner if
7the infraction or violation is not prosecuted or is dismissed, the
8owner is found not guilty of the offense, or it is determined that
9the vehicle was used in violation of Section 5411 without the
10knowledge and consent of the owner. The vehicle shall be returned
11to the owner upon payment of any fine ordered by the court. If the
12vehicle is seized due to a violation of a person other than the owner
13of the vehicle, the vehicle shall be returned to the owner after all
14impoundment fees are paid. After the expiration of six weeks from
15the final disposition of the criminal case, unless the owner is in
16the process of making payments to the court, the impounding
17authority may deal with the vehicle as lost or abandoned property
18under Section 1411 of the Penal Code.

19(e) At any time, a person may make a motion in superior court
20for the immediate return of the vehicle on the ground that there
21was no probable cause to seize it or that there is some other good
22cause, as determined by the court, for the return of the vehicle. A
23proceeding under this section is a limited civil case.

24(f) No peace officer, however, may impound any vehicle owned
25or operated by a nonprofit organization exempt from taxation
26pursuant to Section 501(c)(3) of the Internal Revenue Code which
27serves youth or senior citizens and provides transportation
28incidental to its programs or services or a rented motor vehicle
29that is being operated by a hired driver of a charter-party carrier
30of passengers that is providing hired driver service.

end delete
begin delete
31

SEC. 11.  

Section 5412.2 of the Public Utilities Code is
32amended to read:

33

5412.2.  

(a) When a person is convicted of the offense of
34operating a taxicab without a valid permit required pursuant to
35Chapter 8.5 (commencing with Section 5451) or pursuant to a local
36ordinance of the City and County of San Francisco or its airport
37authority, in addition to any other penalties provided by law, if the
38court determines the operator has the ability to pay, the court shall
39impose a mandatory fine not exceeding two thousand five hundred
P25   1dollars ($2,500) for a first conviction or five thousand dollars
2($5,000) for a subsequent conviction.

3(b) When a person is convicted of the offense of operating a
4charter-party carrier of passengers without a valid certificate or
5permit, in addition to any other penalties provided by law, if the
6court determines the operator has the ability to pay, the court shall
7impose a mandatory fine not exceeding ten thousand dollars
8($10,000) for a first conviction or twenty-five thousand dollars
9($25,000) for a subsequent conviction.

10(c) As used in this section, “taxicab” shall have the meaning as
11defined in subdivision (d) of Section 5451.4. “Taxicab” shall not
12include a charter-party carrier of passengers within the meaning
13of this chapter.

end delete
begin delete
14

SEC. 12.  

Section 5413.5 of the Public Utilities Code is
15amended to read:

16

5413.5.  

(a) Whenever the commission, after hearing, finds
17that any person or corporation is operating as a charter-party carrier
18of passengers, including a charter-party carrier operating a
19limousine, without a valid certificate or permit, or fails to include
20in any written or oral advertisement the number of the certificate
21or permit required by Section 5386, the commission may impose
22a fine of not more than seven thousand five hundred dollars
23($7,500) for each violation. The commission may assess the person
24or corporation an amount sufficient to cover the reasonable expense
25of investigation incurred by the commission. The commission may
26assess interest on any fine or assessment imposed, to commence
27on the day the payment of the fine or assessment becomes
28delinquent. All fines, assessments, and interest collected shall be
29deposited at least once each month in the General Fund.

30(b) Whenever the commission, after hearing, finds that any
31person or corporation is operating a charter-party carrier of
32passengers as a taxicab without a valid permit in violation of
33Chapter 8.5 (commencing with Section 5451) or a local ordinance
34of the City and County of San Francisco or its airport authority,
35the commission may impose a fine of not more than five thousand
36dollars ($5,000) for each violation. The commission may assess
37the person or corporation an amount sufficient to cover the
38reasonable expense of investigation incurred by the commission.
39The commission may assess interest on any fine or assessment
40imposed, to commence on the day the payment of the fine or
P26   1assessment becomes delinquent. All fines, assessments, and interest
2collected shall be deposited at least once each month in the General
3Fund.

end delete
4begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 23 is added to the end insertbegin insertPublic Utilities Codeend insertbegin insert, to
5read:end insert

begin insert
6

begin insert23.end insert  

(a) The commission may collect trip data for the purposes
7of transportation and environmental planning from any entity
8regulated by the commission that provides any form of for-hire
9passenger transportation.

10
(b) The commission shall commence a proceeding to determine
11how data collected from providers of for-hire passenger
12transportation may best be shared with transportation planning
13agencies and other local agencies for the purposes of
14transportation and environmental planning.

15
(c) Trade secrets, as defined in subdivision (d) of Section 3426.1
16of the Civil Code, that are contained in the information provided
17to the commission pursuant to this section shall be treated as
18 confidential. The data contained in the information may only be
19disclosed by the commission upon the authorization of the entity
20providing the information to the commission, except that the
21commission may disclose data in aggregate form in a manner that
22does not violate the confidentiality of any trade secrets.

end insert
23begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 5353 of the end insertbegin insertPublic Utilities Codeend insertbegin insert is amended
24to read:end insert

25

5353.  

This chapter does not apply to any of the following:

26(a) Transportation service rendered wholly within the corporate
27limits of a single city or city and county and licensed or regulated
28by ordinance.

29(b) Transportation of school pupils conducted by or under
30contract with the governing board of any school district entered
31into pursuant to the Education Code.

32(c) Common carrier transportation services between fixed
33termini or over a regular route that are subject to authorization
34pursuant to Article 2 (commencing with Section 1031) of Chapter
355 of Part 1 of Division 1.

36(d) Transportation services occasionally afforded for farm
37employees moving to and from farms on which employed when
38the transportation is performed by the employer in an owned or
39leased vehicle, or by a nonprofit agricultural cooperative
40association organized and acting within the scope of its powers
P27   1under Chapter 1 (commencing with Section 54001) of Division
220 of the Food and Agricultural Code, and without any requirement
3for the payment of compensation therefor by the employees.

4(e) Transportation service rendered by a publicly owned transit
5system.

6(f) Passenger vehicles carrying passengers on a noncommercial
7enterprise basis.

8(g) Taxicab transportation service licensed and regulated by a
9city or county, by ordinance or resolution, rendered in vehicles
10 designed for carrying not more than eight persons excluding the
11
begin delete driver.end deletebegin insert driver or, on and after July 1, 2017, taxicab transportation
12services subject to regulation pursuant to Chapter 8.5 (commencing
13with Section 5451) or exempt from regulation under that chapter
14pursuant to Section 5451.3.end insert

15(h) Transportation of persons between home and work locations
16or of persons having a common work-related trip purpose in a
17vehicle having a seating capacity of 15 passengers or less, including
18the driver, which are used for the purpose of ridesharing, as defined
19in Section 522 of the Vehicle Code, when the ridesharing is
20incidental to another purpose of the driver. This exemption also
21applies to a vehicle having a seating capacity of more than 15
22passengers if the driver files with the commission evidence of
23liability insurance protection in the same amount and in the same
24manner as required for a passenger stage corporation, and the
25vehicle undergoes and passes an annual safety inspection by the
26Department of the California Highway Patrol. The insurance filing
27shall be accompanied by a one-time filing fee of seventy-five
28dollars ($75). This exemption does not apply if the primary purpose
29for the transportation of those persons is to make a profit. “Profit,”
30as used in this subdivision, does not include the recovery of the
31actual costs incurred in owning and operating a vanpool vehicle,
32as defined in Section 668 of the Vehicle Code.

33(i) Vehicles used exclusively to provide medical transportation,
34including vehicles employed to transport developmentally disabled
35persons for regional centers established pursuant to Chapter 5
36(commencing with Section 4620) of Division 4.5 of the Welfare
37and Institutions Code.

38(j) Transportation services rendered solely within the Lake
39Tahoe Basin, comprising that area included within the Tahoe
40Regional Planning Compact as set forth in Section 66801 of the
P28   1Government Code, when the operator of the services has obtained
2any permit required from the Tahoe Basin Transportation Authority
3or the City of South Lake Tahoe, or both.

4(k) Subject to Section 34507.6 of the Vehicle Code,
5transportation service provided by the operator of an automobile
6rental business in vehicles owned or leased by that operator,
7without charge other than as may be included in the automobile
8rental charges, to carry its customers to or from its office or facility
9where rental vehicles are furnished or returned after the rental
10period.

11(l) Subject to Section 34507.6 of the Vehicle Code,
12transportation service provided by the operator of a hotel, motel,
13or other place of temporary lodging in vehicles owned or leased
14by that operator, without charge other than as may be included in
15the charges for lodging, between the lodging facility and an air,
16rail, water, or bus passenger terminal or between the lodging
17facility and any place of entertainment or commercial attraction,
18including, but not limited to, facilities providing snow skiing.
19Nothing in this subdivision authorizes the operator of a hotel,
20motel, or other place of temporary lodging to provide any round
21trip sightseeing service without a permit, as required by subdivision
22(c) of Section 5384.

23(m) (1) Transportation of hot air balloon ride passengers in a
24balloon chase vehicle from the balloon landing site back to the
25original takeoff site, provided that the balloon ride was conducted
26by a balloonist who meets all of the following conditions:

27(A) Does not fly more than a total of 30 passenger rides for
28compensation annually.

29(B) Does not provide any preflight ground transportation
30services in their vehicles.

31(C) In providing return transportation to the launch site from
32landing does not drive more than 300 miles annually.

33(D) Files with the commission an exemption declaration and
34proof of vehicle insurance, as prescribed by the commission,
35certifying that the operator qualifies for the exemption and will
36maintain minimum insurance on each vehicle of one hundred
37thousand dollars ($100,000) for injury or death of one person, three
38hundred thousand dollars ($300,000) for injury or death of two or
39more persons and one hundred thousand dollars ($100,000) for
40damage to property.

P29   1(2) Nothing in this subdivision authorizes the operator of a
2commercial balloon operation to provide any round trip sightseeing
3service without a permit, as required by subdivision (c) of Section
45384.

5(n) (1) Transportation services incidental to operation of a youth
6camp that are provided by either a nonprofit organization that
7qualifies for tax exemption under Section 501(c)(3) of the Internal
8Revenue Code or an organization that operates an organized camp,
9as defined in Section 18897 of the Health and Safety Code, serving
10youth 18 years of age or younger.

11(2) Any transportation service described in paragraph (1) shall
12comply with all of the following requirements:

13(A) Register as a private carrier with the commission pursuant
14to Section 4005.

15(B) Participate in a pull notice system for employers of drivers
16as prescribed in Section 1808.1 of the Vehicle Code.

17(C) Ensure compliance with the annual bus terminal inspection
18required by subdivision (c) of Section 34501 of the Vehicle Code.

19(D) Obtain the following minimum amounts of general liability
20insurance coverage for vehicles that are used to transport youth:

21(i) A minimum of five hundred thousand dollars ($500,000)
22general liability insurance coverage for passenger vehicles designed
23to carry up to eight passengers. For organized camps, as defined
24in Section 18897 of the Health and Safety Code, an additional two
25hundred fifty thousand dollars ($250,000) general umbrella policy
26that covers vehicles.

27(ii) A minimum of one million dollars ($1,000,000) general
28liability insurance coverage for vehicles designed to carry up to
2915 passengers. For organized camps, as defined in Section 18897
30of the Health and Safety Code, an additional five hundred thousand
31dollars ($500,000) general umbrella policy that covers vehicles.

32(iii) A minimum of one million five hundred thousand dollars
33($1,500,000) general liability insurance coverage for vehicles
34designed to carry more than 15 passengers, and an additional three
35million five hundred thousand dollars ($3,500,000) general
36umbrella liability insurance policy that covers vehicles.

37begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 5411.5 of the end insertbegin insertPublic Utilities Codeend insertbegin insert is amended
38to read:end insert

39

5411.5.  

(a) Whenever a peace officer, as defined in Chapter
404.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal
P30   1Code, arrests a person for operation of a charter-party carrier of
2passengers without a valid certificate or permit, the peace officer
3may impound and retain possession of the vehicle.

4(b) Whenever a peace officer, as defined in Chapter 4.5
5(commencing with Section 830) of Title 3 of Part 2 of the Penal
6Code, arrests a person for operating a charter-party carrier of
7passengers as a taxicab in violation of an ordinance or resolution
8of a city, county, or city and county, the peace officer may impound
9and retain possession of the vehicle.

10(c) If the vehicle is seized from a person who is not the owner
11of the vehicle, the impounding authority shall immediately give
12notice to the owner by first-class mail.

13(d) The vehicle shall immediately be returned to the owner if
14the infraction or violation is not prosecuted or is dismissed, the
15owner is found not guilty of the offense, or it is determined that
16the vehicle was used in violation of Section 5411 without the
17knowledge and consent of the owner. The vehicle shall be returned
18to the owner upon payment of any fine ordered by the court. If the
19vehicle is seized due to a violation of a person other than the owner
20of the vehicle, the vehicle shall be returned to the owner after all
21impoundment fees are paid. After the expiration of six weeks from
22the final disposition of the criminal case, unless the owner is in
23the process of making payments to the court, the impounding
24authority may deal with the vehicle as lost or abandoned property
25under Section 1411 of the Penal Code.

26(e) At any time, a person may make a motion in superior court
27for the immediate return of the vehicle on the ground that there
28was no probable cause to seize it or that there is some other good
29cause, as determined by the court, for the return of the vehicle. A
30proceeding under this section is a limited civil case.

31(f) No peace officer, however, may impound any vehicle owned
32or operated by a nonprofit organization exempt from taxation
33pursuant to Section 501(c)(3) of the Internal Revenue Code which
34serves youth or senior citizens and provides transportation
35incidental to its programs or services or a rented motor vehicle
36that is being operated by a hired driver of a charter-party carrier
37of passengers that is providing hired driver service.

begin insert

38
(g) This section shall become inoperative on July 1, 2017, and,
39as of January 1, 2018, is repealed, unless a later enacted statute,
P31   1that becomes operative on or before January 1, 2018, deletes or
2extends the dates on which it becomes inoperative and is repealed.

end insert
3begin insert

begin insertSEC. 14.end insert  

end insert

begin insertSection 5411.5 is added to the end insertbegin insertPublic Utilities Codeend insertbegin insert,
4to read:end insert

begin insert
5

begin insert5411.5.end insert  

(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
31 authority 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
P32   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
(g) This section shall become operative on July 1, 2017.

end insert
6begin insert

begin insertSEC. 15.end insert  

end insert

begin insertSection 5412.2 of the end insertbegin insertPublic Utilities Codeend insertbegin insert is amended
7to read:end insert

8

5412.2.  

(a) When a person is convicted of the offense of
9operating a taxicab without a valid certificate or permit, in addition
10to any other penalties provided by law, if the court determines the
11operator has the ability to pay, the court shall impose a mandatory
12fine not exceeding two thousand five hundred dollars ($2,500) for
13a first conviction or five thousand dollars ($5,000) for a subsequent
14conviction.

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

22(c) As used in this section, “taxicab” means a passenger vehicle
23designed for carrying not more than eight persons, excluding the
24driver, and used to carry passengers for hire. “Taxicab” shall not
25include a charter-party carrier of passengers within the meaning
26of this chapter.

begin insert

27
(d) This section shall become inoperative on July 1, 2017, and,
28as of January 1, 2018, is repealed, unless a later enacted statute,
29that becomes operative on or before January 1, 2018, deletes or
30extends the dates on which it becomes inoperative and is repealed.

end insert
31begin insert

begin insertSEC. 16.end insert  

end insert

begin insertSection 5412.2 is added to the end insertbegin insertPublic Utilities Codeend insertbegin insert,
32to read:end insert

begin insert
33

begin insert5412.2.end insert  

(a) When a person is convicted of the offense of
34operating a taxicab without a valid permit required pursuant to
35Chapter 8.5 (commencing with Section 5451) or pursuant to a
36local ordinance of the City and County of San Francisco or its
37airport authority, in addition to any other penalties provided by
38law, if the court determines the operator has the ability to pay, the
39court shall impose a mandatory fine not exceeding two thousand
P33   1five hundred dollars ($2,500) for a first conviction or five thousand
2dollars ($5,000) for a subsequent conviction.

3
(b) When a person is convicted of the offense of operating a
4charter-party carrier of passengers without a valid certificate or
5permit, in addition to any other penalties provided by law, if the
6court determines the operator has the ability to pay, the court shall
7impose a mandatory fine not exceeding ten thousand dollars
8($10,000) for a first conviction or twenty-five thousand dollars
9($25,000) for a subsequent conviction.

10
(c) As used in this section, “taxicab” shall have the meaning
11as defined in subdivision (d) of Section 5451.4. “Taxicab” shall
12not include a charter-party carrier of passengers within the
13meaning of this chapter.

14
(d) This section shall become operative on July 1, 2017.

end insert
15begin insert

begin insertSEC. 17.end insert  

end insert

begin insertSection 5413.5 of the end insertbegin insertPublic Utilities Codeend insertbegin insert is amended
16to read:end insert

17

5413.5.  

(a) Whenever the commission, after hearing, finds
18that any person or corporation is operating as a charter-party carrier
19of passengers, including a charter-party carrier operating a
20limousine, without a valid certificate or permit, or fails to include
21in any written or oral advertisement the number of the certificate
22or permit required by Section 5386, the commission may impose
23a fine of not more than seven thousand five hundred dollars
24($7,500) for each violation. The commission may assess the person
25or corporation an amount sufficient to cover the reasonable expense
26of investigation incurred by the commission. The commission may
27assess interest on any fine or assessment imposed, to commence
28on the day the payment of the fine or assessment becomes
29delinquent. All fines, assessments, and interest collected shall be
30deposited at least once each month in the General Fund.

31(b) Whenever the commission, after hearing, finds that any
32person or corporation is operating a charter-party carrier of
33passengers as a taxicab without a valid certificate or permit in
34violation of an ordinance or resolution of a city, county, or city
35and county, the commission may impose a fine of not more than
36five thousand dollars ($5,000) for each violation. The commission
37may assess the person or corporation an amount sufficient to cover
38the reasonable expense of investigation incurred by the
39commission. The commission may assess interest on any fine or
40assessment imposed, to commence on the day the payment of the
P34   1fine or assessment becomes delinquent. All fines, assessments,
2and interest collected shall be deposited at least once each month
3in the General Fund.

begin insert

4
(c) This section shall become inoperative on July 1, 2017, and,
5as of January 1, 2018, is repealed, unless a later enacted statute,
6that becomes operative on or before January 1, 2018, deletes or
7extends the dates on which it becomes inoperative and is repealed.

end insert
8begin insert

begin insertSEC. 18.end insert  

end insert

begin insertSection 5413.5 is added to the end insertbegin insertPublic Utilities Codeend insertbegin insert,
9to read:end insert

begin insert
10

begin insert5413.5.end insert  

(a) Whenever the commission, after hearing, finds
11that any person or corporation is operating as a charter-party
12carrier of passengers, including a charter-party carrier operating
13a limousine, without a valid certificate or permit, or fails to include
14in any written or oral advertisement the number of the certificate
15or permit required by Section 5386, the commission may impose
16a fine of not more than seven thousand five hundred dollars
17($7,500) for each violation. The commission may assess the person
18or corporation an amount sufficient to cover the reasonable
19expense of investigation incurred by the commission. The
20commission may assess interest on any fine or assessment imposed,
21to commence on the day the payment of the fine or assessment
22becomes delinquent. All fines, assessments, and interest collected
23shall be deposited at least once each month in the General Fund.

24
(b) Whenever the commission, after hearing, finds that any
25person or corporation is operating a charter-party carrier of
26passengers as a taxicab without a valid permit in violation of
27Chapter 8.5 (commencing with Section 5451) or a local ordinance
28of the City and County of San Francisco or its airport authority,
29the commission may impose a fine of not more than five thousand
30dollars ($5,000) for each violation. The commission may assess
31the person or corporation an amount sufficient to cover the
32reasonable expense of investigation incurred by the commission.
33The commission may assess interest on any fine or assessment
34imposed, to commence on the day the payment of the fine or
35assessment becomes delinquent. All fines, assessments, and interest
36collected shall be deposited at least once each month in the
37General Fund.

38
(c) This section shall become operative on July 1, 2017.

end insert
P35   1

begin deleteSEC. 13.end delete
2
begin insertSEC. 19.end insert  

Chapter 8.5 (commencing with Section 5451) is added
3to Division 2 of the Public Utilities Code, to read:

4 

5Chapter  8.5. Taxicab Transportation Services Act
6

6 

7Article 1.  General Provisions and Definitions
8

 

9

5451.  

This chapter shall be known, and may be cited, as the
10Taxicab Transportation Services Act.

11

5451.1.  

The commission may delegate to its executive director
12or designee of the executive director the authority to issue, renew,
13or authorize the transfer of taxicab carrier permits under this
14chapter and to otherwise implement this chapter.

15

5451.2.  

Notwithstanding any other provision of law, and except
16as otherwise provided in Section 5451.3, this chapter shall apply
17to taxicab transportation services provided throughout the state.
18The commission shall regulate taxicab transportation services and
19enforce the requirements of this chapter, and may adopt regulations
20to further the objectives of this chapter.

21

5451.3.  

This chapter shall not apply to taxicab transportation
22services originating in the jurisdiction of the City and County of
23San Francisco or at the San Francisco International Airport,
24including taxicab carriers associated with those services. Those
25taxicab transportation services shall remain under the regulation
26of the City and County of San Francisco or its airport authority,
27as the case may be.

28

5451.4.  

For the purposes of this chapter, the following terms
29have the following meanings:

30(a) “Entity” includes a corporation, company, association, joint
31stock association, firm, partnership, individual, or any other form
32of business organization.

33(b) “Public highway” includes every public street, road, or
34highway in this state.

35(c) “Motor vehicle” means a vehicle used on public highways
36that is self-propelled.

37(d) “Taxicab” means a passenger motor vehicle designed for
38carrying not more than eight passengers, excluding the driver, and
39used to carry passengers for hire as part of taxicab transportation
40services.

P36   1(e) “Taxicab carrier” means an entity that is a permitted provider
2of taxicab transportation services to passengers under this chapter.

3(f) “Taxicab driver” means an individual who is a licensed driver
4of a taxicab under this chapter.

5(g) “Taxicab transportation services” means the provision of
6transportation services for compensation using motor vehicles
7designed for carrying not more than eight passengers, excluding
8the driver, and that are permitted to serve passengers via street
9hail, including curbside pickups, but excludes transportation
10services provided by a charter-party carrier of passengers regulated
11by Chapter 8 (commencing with Section 5351).

12(h) With respect to a motor vehicle used in taxicab transportation
13services by a taxicab carrier, “owner” means the entity that is
14registered with the Department of Motor Vehicles as the owner of
15the motor vehicle, or that has a legal right to possession of the
16motor vehicle pursuant to a lease or rental agreement.

17

5451.6.  

The commission shall issue permits pursuant to this
18chapter authorizing taxicab carriers to operate.

begin insert
19

begin insert5451.7.end insert  

This chapter shall become operative on July 1, 2017.

end insert

20 

21Article 2.  Authorization to Operate as a Taxicab Carrier
22

 

23

5452.  

An entity shall not engage in taxicab transportation
24services subject to regulation under this chapter without first having
25obtained a taxicab carrier permit issued by the commission pursuant
26to this chapter.

27

5452.2.  

The commission shall issue permits to entities to
28operate taxicab transportation services as a taxicab carrier if
29otherwise qualified under this chapter.

30

5452.6.  

A taxicab carrier shall include the number of its permit
31in every written, oral, or electronic advertisement of the services
32it offers and shall comply with the signing requirements of Section
3327908 of the Vehicle Code. For the purposes of this section,
34“advertisement” includes, but is not limited to, the issuance of any
35card, sign, or device to any person, the causing, permitting, or
36allowing of the placement of any sign or marking on or in any
37building or structure, or in any media form, including newspaper,
38magazine, radiowave, satellite signal, or any electronic
39transmission, or in any directory soliciting taxicab transportation
40services subject to this chapter.

P37   1

5452.8.  

(a) Applications for taxicab carrier permits shall be
2in writing and verified under oath, and shall be in the form and
3contain the information required by the commission.

4(b) An application for a taxicab carrier permit shall be
5accompanied by a filing fee as follows:

6(1) Permits (new): begin delete____end deletebegin insert One thousand five hundredend insert dollars
7
begin delete ($____).end deletebegin insert ($1,500).end insert

8(2) Permits (renewal): begin delete____end deletebegin insert One hundredend insert dollarsbegin delete ($____).end delete
9
begin insert ($100).end insert

10

5452.10.  

(a) (1) Before a permit is issued or renewed, the
11commission shall require the applicant to establish reasonable
12fitness and financial responsibility to initiate and conduct or
13continue to conduct the proposed or existing taxicab transportation
14services. The commission shall not issue or renew a permit
15pursuant to this chapter unless the applicant meets all of the
16following requirements:

17(A) It is financially and organizationally capable of conducting
18an operation that complies with the rules and regulations of the
19Department of the California Highway Patrol relating to the safe
20operation of vehicles on the public highways.

21(B) It is committed to observing the hours of service regulations
22of state and, where applicable, federal law for all taxicab drivers,
23whether employees or contractors.

24(C) It has an inspection program in effect for its motor vehicles
25used to provide taxicab transportation services that conforms to
26Article 8 (commencing with Section 5458).

27(D) It participates in the pull notice program pursuant to Section
281808.1 of the Vehicle Code to regularly check the driving records
29of all taxicab drivers, whether employees or contractors.

30(E) It has a safety education and training program in effect for
31all taxicab drivers, whether employees or contractors.

32(F) It has a disabled access education and training program to
33instruct its taxicab drivers on compliance with the Americans with
34Disabilities Act of 1990 and California’s disability rights laws,
35including making clear that it is illegal to decline to serve a person
36with a disability or who has a service animal.

37(G) It will maintain its motor vehicles used in taxicab
38transportation services in a safe operating condition and in
39compliance with the Vehicle Code and with regulations contained
P38   1in Title 13 of the California Code of Regulations relative to motor
2vehicle safety.

begin insert

3
(H) It equips each motor vehicle used in taxicab transportation
4services to accept credit cards for payment of taxicab fares.

end insert
begin delete

5(H)

end delete

6begin insert(I)end insert It has provided to the commission an address of an office or
7terminal where documents supporting the factual matters specified
8in the showing required by this subdivision may be inspected by
9the commission or the Department of the California Highway
10Patrol.

begin delete

11(I)

end delete

12begin insert(J)end insert It provides for a mandatory controlled substance and alcohol
13testing certification program pursuant to Section 5457.4.

14(2) With respect to subparagraphs (B) and (G) of paragraph (1),
15the commission may base a finding on a certification by the
16commission that an applicant has filed, with the commission, a
17sworn declaration of ability to comply and intent to comply.

18(b) The commission, as a precondition to the issuance of a permit
19under this article, may require the procurement of a performance
20bond by the applicant sufficient to facilitate the collection of fines,
21penalties, and restitution related to enforcement actions that may
22be taken against the applicant.

23(c) In addition to the requirements in subdivision (a), taxicab
24carriers shall meet all other state and, where applicable, federal
25regulations as prescribed.

26

5452.11.  

No taxicab carrier shall prejudice, disadvantage, or
27require different rates or provide different service to a person
28because of race, national origin, religion, color, ancestry, physical
29handicap, medical condition, occupation, marital status or change
30in marital status, sex, or any characteristic listed or defined in
31Section 11135 of the Government Code.

32

5452.12.  

(a) Every taxicab carrier shall furnish to the
33commission a list, prepared under oath, of all motor vehicles used
34by the carrier in taxicab transportation services during the period
35since the last inspection. The commission shall furnish a copy of
36the list to the taxicab carrier’s insurer.

37(b) If the taxicab carrier’s insurer informs the commission that
38the carrier has failed to obtain insurance coverage for any vehicle
39reported on the list, the commission may, in addition to any other
40penalty provided in this chapter, for a first occurrence, suspend
P39   1the carrier’s permit or impose a fine, or both, and, for a second or
2subsequent occurrence, suspend or revoke the permit or impose a
3fine, or both.

4

5452.14.  

The commission may, with or without hearing, issue
5a permit under this chapter. If the commission finds that the
6applicant possesses satisfactory fitness and financial responsibility
7to initiate and conduct the proposed taxicab transportation services,
8and will faithfully comply with the rules and regulations adopted
9by the commission with respect thereto, it shall issue the permit.

10

5452.16.  

A permit, or renewal thereof, is effective for three
11years, unless suspended or revoked by the commission.

12

5452.18.  

No permit issued pursuant to this chapter, or rights
13to conduct any of the services authorized by the permit, shall be
14sold, leased, or assigned, or otherwise transferred or encumbered,
15unless authorized by the commission. A filing fee of begin delete____end deletebegin insert one
16thousand five hundredend insert
dollars begin delete($____)end deletebegin insert ($1,500)end insert shall accompany
17all applications for that authorization.

18 

19Article 3.  Enforcement
20

 

21

5453.  

Upon receipt of a complaint containing sufficient
22information to warrant conducting an investigation, the commission
23shall investigate any entity that advertises or holds itself out as
24providing services that may be reasonably considered to be taxicab
25transportation services but that does not have a permit required by
26this chapter. The commission, in a rulemaking or other appropriate
27procedure, shall adopt criteria that establish the type of information,
28if contained in a complaint, that is sufficient to warrant an
29investigation. Pursuant to this investigation, the commission shall
30do all of the following:

31(a) Determine which entities, if any, are required to obtain a
32taxicab carrier permit pursuant to Article 2 (commencing with
33Section 5452) but that do not have the required permit.

34(b) Inform any entity identified in subdivision (a) that the failure
35to obtain a permit is in violation of the law.

36(c) Within 60 days of informing the entity pursuant to
37subdivision (b), institute civil or criminal proceedings, or both, if
38the entity continues to be in noncompliance with this chapter.

39

5453.2.  

The commission shall not issue, renew, or authorize
40the transfer of a taxicab carrier permit under this chapter to any
P40   1entity against whom a final judgment has been entered and whose
2name has been transmitted to the commission pursuant to Section
33716.4 of the Labor Code, unless that judgment has been satisfied
4or has been discharged in accordance with the bankruptcy laws of
5the United States.

6

5453.4.  

(a) The commission may cancel, suspend, or revoke
7a taxicab carrier permit issued pursuant to this chapter upon any
8of the following grounds:

9(1) The violation by the permitholder of any of the provisions
10of this chapter, or of the terms of a permit issued under this chapter.

11(2) The violation by the permitholder of any order, decision,
12rule, regulation, direction, demand, or requirement of the
13commission pursuant to this chapter.

14(3) The conviction of a taxicab carrier of any misdemeanor
15under this chapter while holding a taxicab carrier permit issued by
16the commission or the conviction of the carrier or its officers of a
17felony while holding a permit issued by the commission, limited
18to robbery, burglary, larceny, fraud, or intentional dishonesty for
19personal gain.

20(4) The rendition of a judgment against the taxicab carrier for
21any penalty imposed under this chapter.

22(5) The failure of a taxicab carrier to pay any fee imposed on
23the carrier within the time required by the commission.

24(6) On request of the taxicab carrier.

25(7) The failure of a taxicab carrier to operate and perform
26reasonable service. That failure may include repeated violations
27of the Vehicle Code or of regulations contained in Title 13 of the
28California Code of Regulations relative to motor vehicle safety by
29employees of the taxicab carrier that support an inference of unsafe
30operation or willful neglect of the public safety by the carrier.

31(8) Consistent failure of the taxicab carrier to maintain its
32vehicles in a safe operating condition pursuant to Article 8
33(commencing with Section 5458) and in compliance with the
34Vehicle Code and with regulations contained in Title 13 of the
35California Code of Regulations relative to motor vehicle safety,
36as shown by the records of the commission, the Department of
37Motor Vehicles, the Department of the California Highway Patrol,
38or the carrier.

39(9) Failure of a taxicab carrier, or of any of its employees, to
40follow any order, decision, rule, regulation, direction, demand,
P41   1ordinance, or other requirement established by the governing body
2of an airport, including solicitation practices, providing the
3requirements are consistent with subdivision (b) of Section 5459.

4(b) The commission may levy a civil penalty of up to seven
5thousand five hundred dollars ($7,500) upon a taxicab carrier for
6any of the violations specified in subdivision (a), as an alternative
7to canceling, revoking, or suspending the carrier’s permit. The
8commission may also levy interest upon the civil penalty, which
9shall be calculated as of the date on which the civil penalty is
10unpaid and delinquent. The commission shall deposit at least
11monthly all civil penalties and interest collected pursuant to this
12section into the General Fund.

13

5453.6.  

(a) A taxicab carrier shall have and shall make
14available for inspection by the commission, upon request, one of
15the following:

16(1) A certificate of workers’ compensation coverage for its
17employees issued by an admitted insurer.

18(2) A certification of consent to self-insure issued by the Director
19of Industrial Relations.

20(3) A statement under penalty of perjury, stating that, in its
21operations as a taxicab carrier, it does not employ any person in
22any manner so as to become subject to the workers’ compensation
23laws of this state.

24(b) The workers’ compensation coverage certified to under
25paragraph (1) of subdivision (a) shall be in the form of a policy
26that remains effective until canceled. Cancellation of the policy
27shall require 30 days’ advance notice.

28(c) If, after filing the statement described in paragraph (3) of
29subdivision (a), the carrier becomes subject to the workers’
30compensation laws of this state, the carrier shall promptly notify
31the commission that the carrier is withdrawing its statement under
32paragraph (3) of subdivision (a), and shall simultaneously file the
33certificate described in either paragraph (1) or (2) of subdivision
34(a).

35

5453.7.  

(a) The commission may at any time have access to
36the land, buildings, or equipment of a taxicab carrier in connection
37with the operation of the carrier’s business and may inspect the
38accounts, books, papers, and documents of the carrier. Any
39inspection by the commission may include reproduction of
40documents either at the premises of the carrier or the offices of the
P42   1commission, at the option of the carrier. The commission shall
2reimburse the carrier for any reproduction expenses incurred by
3the carrier at the direction of the commission.

4(b) Subdivision (a) also applies to access to property and
5inspections of accounts, books, papers, and documents of any
6entity that is a subsidiary or affiliate of, or that holds a controlling
7interest in, a taxicab carrier with respect to any transaction between
8the carrier and the other entity.

9(c) Subdivisions (a) and (b) also apply to any entity engaged in
10the transportation of persons by motor vehicle for compensation
11upon a determination by the commission that the entity is
12advertising or holding itself out as providing services that may
13reasonably be considered to be taxicab transportation services.

14

5453.8.  

The commission may, on a complaint alleging that an
15entity is operating taxicab transportation services without a valid
16taxicab carrier permit in violation of this chapter, or on its own
17motion without a complaint, with or without notice of a hearing,
18order the entity so operating to cease and desist from that operation
19until the commission makes and files its decision in the matter or
20until further order of the commission.

21

5453.10.  

(a) The Legislature finds and declares that advertising
22and use of telephone service is essential for a an entity providing
23taxicab transportation services to obtain business. Unlawful
24advertisements by unlicensed taxicabs have resulted in
25properly-permitted taxicab carriers competing with unlicensed
26taxicabs using unfair business practices. Unlicensed taxicabs have
27also exposed residents of the state to unscrupulous persons who
28portray themselves as properly licensed, qualified, and insured
29taxicabs. Many of these unlicensed taxicabs have been found to
30have operated their vehicles without insurance, or in an unsafe
31manner, placing residents of the state at risk.

32(b) (1) The Legislature further finds and declares that the
33termination of telephone service utilized by unlicensed taxicabs
34is essential to ensure the public safety and welfare. Therefore, the
35commission should take enforcement action as specified in this
36section to disconnect telephone service of entities operating
37unlicensed taxicab transportation services who unlawfully advertise
38passenger transportation services in yellow page directories and
39other publications. The enforcement actions provided for by this
40section are consistent with the decision of the California Supreme
P43   1Court in Goldin v. Public Utilities Commission (1979) 23 Cal. 3d
2638.

3(2) For purposes of this section, a telephone corporation or
4telegraph corporation, or a corporation that holds a controlling
5interest in the telephone or telegraph corporation, or any business
6that is a subsidiary or affiliate of the telephone or telegraph
7corporation, that has the name and address of the subscriber to a
8telephone number being used by an unlicensed operator of taxicab
9transportation services shall provide the commission, upon the
10order of a magistrate and the demand of the commission, access
11to this information. A magistrate may only issue an order for the
12purposes of this subdivision if the magistrate has made the findings
13required by subdivision (c).

14(c) A telephone or telegraph corporation shall refuse telephone
15service to a new subscriber and shall disconnect telephone service
16of an existing subscriber under this section only after it is shown
17that other available enforcement remedies of the commission have
18failed to terminate unlawful activities detrimental to the public
19welfare and safety, and upon receipt from the commission of a
20writing, signed by a magistrate, as defined by Sections 807 and
21808 of the Penal Code, finding that probable cause exists to believe
22that the subscriber is advertising, or holding itself out to the public
23to perform, taxicab transportation services without a permit of the
24commission, or that the telephone service otherwise is being used
25or is to be used as an instrumentality, directly or indirectly, to
26violate or assist in violation of the laws requiring a taxicab carrier
27to have a permit from the commission. Included in the writing of
28the magistrate shall be a finding that there is probable cause to
29believe that the applicable telephone facilities have been, or are
30to be, used in the commission or facilitation of holding out to the
31public to perform or in performing taxicab transportation services
32in violation of this chapter and that, in the absence of immediate
33and summary action, a danger to the public welfare and safety will
34result.

35(d) Any person aggrieved by any action taken pursuant to this
36section shall have the right to file a complaint with the commission
37and may include in the complaint a request for interim relief. The
38commission shall schedule a public hearing on the complaint to
39be held within 21 calendar days of the filing and assignment of a
40docket number to the complaint. The remedy provided by this
P44   1section shall be exclusive. No other action at law or in equity shall
2accrue against any telephone or telegraph corporation because of,
3or as a result of, any matter or thing done or threatened to be done
4pursuant to this section.

5(e) At any hearing held on a complaint filed with the commission
6pursuant to subdivision (d), the commission staff shall have the
7right to participate, including the right to present evidence and
8argument and to present and cross-examine witnesses. The
9commission staff shall have both the burden of proving that the
10use made or to be made of the telephone service is to hold out to
11the public to perform, or to assist in performing, taxicab
12transportation services, or that the telephone service is being or is
13to be used as an instrumentality, directly or indirectly, to violate
14or to assist in violation of the permitting requirements applicable
15to taxicab carriers and that the character of the acts are such that,
16absent immediate and summary action, a danger to public welfare
17or safety will result, and the burden of persuading the commission
18that the telephone services should be refused or should not be
19restored.

20(f) The telephone or telegraph corporation, immediately upon
21refusal or disconnection of service in accordance with subdivision
22(c), shall notify the subscriber in writing that the refusal or
23disconnection of telephone service has been made pursuant to a
24request of the commission and the writing of a magistrate, and
25shall include with the notice a copy of this section, a copy of the
26writing of the magistrate, and a statement that the customer or
27subscriber may request information from the commission at its
28San Francisco or Los Angeles office concerning any provision of
29this section and the manner in which a complaint may be filed.

30(g) The provisions of this section are an implied term of every
31contract for telephone service. The provisions of this section are
32a part of any application for telephone service. Applicants for, and
33 subscribers and customers of, telephone service have, as a matter
34of law, consented to the provisions of this section as a consideration
35for the furnishing of the telephone service.

36(h) As used in this section, the terms “person,” “customer,” and
37“subscriber” include a subscriber to telephone service, any person
38using the telephone service of a subscriber, an applicant for
39telephone service, a corporation, as defined in Section 204, a
P45   1“person” as defined in Section 205, a limited liability company, a
2partnership, an association, and includes their lessees and assigns.

3(i) (1) As used in this section, “telephone corporation” is defined
4as provided in Section 234.

5(2) As used in this section, “telegraph corporation” is defined
6as provided in Section 236.

7(j) As used in this section, “commission” includes the employees
8of the commission as provided in Section 5451.1, unless the context
9otherwise requires.

10

5453.12.  

In order to facilitate enforcement by peace officers
11of taxicab laws pursuant to this chapter and associated regulations
12adopted by the commission, both of the following shall apply:

13(a) The commission shall adopt a general order containing its
14rules pertaining to taxicab carriers.

15(b) Peace officers may enforce this chapter and the commission’s
16rules in the general order pertaining to taxicab carriers.

17 

18Article 4.  Trade Dress
19

 

20

5454.  

A taxicab carrier subject to regulation under this chapter
21shall not operate a motor vehicle on a public highway unless there
22is displayed on the vehicle a distinctive identifying symbol in the
23form prescribed by the commission. The identifying symbol shall
24not be displayed on any vehicle until a permit under this chapter
25has been issued to the carrier.

26

5454.2.  

The commission shall assign both trade name and trade
27dress for taxicab transportation services. In doing so, the
28commission shall take into account taxicab carriers operating on
29begin delete December 31, 2016,end deletebegin insert June 30, 2017,end insert and shall minimize public
30confusion to consumers of taxicab transportation services in
31awarding trade name and trade dress.

32

5454.4.  

A taxicab carrier shall remove all markings required
33by the commission from a motor vehicle when the motor vehicle
34is permanently withdrawn from service as a taxicab.

35

5454.6.  

The commission shall award initial trade name and
36trade dress as soon as practicable on or afterbegin delete Januaryend deletebegin insert Julyend insert 1, 2017.
37In doing so, the commission shall consider all of the following:

38(a) Historic trade name and trade dress granted to licensees by
39cities, counties, cities and counties, or any subdivision thereof as
40submitted to the commission pursuant to Section 5454.8.

P46   1(b) The geographic service boundaries of the provision of
2taxicab services beforebegin delete Januaryend deletebegin insert Julyend insert 1, 2017.

3(c) The cost to taxicab carriers of changing trade name or trade
4dress in accordance with the commission’s order.

5

5454.8.  

Any city or county, or any subdivision thereof, that
6regulates or oversees the licensure of taxicab transportation services
7within its jurisdiction onbegin delete December 31, 2016,end deletebegin insert June 30, 2017,end insert shall
8forward to the commission licensure information for each taxicab
9transportation service licensee within its jurisdiction. This section
10shall not apply to the taxicab transportation services exempted
11from this chapter pursuant to Section 5451.3. The information
12shall include, but need not be limited to, the following:

13(a) The name of the licensee, including the approved “doing
14business as” name granted to a licensee.

15(b) Information related to trade dress or exterior markings
16granted to each licensee within the jurisdiction.

17(c) The geographical boundaries, if any, granted to a licensee
18in the provision of taxicab transportation services.

19(d) Any other information the commission may require to carry
20out the purposes of this chapter.

21 

22Article 5.  Insurance
23

 

24

5455.  

The commission, in granting a permit to a taxicab carrier
25pursuant to this chapter, shall require the taxicab carrier to procure,
26and to continue in effect during the life of the permit, insurance
27against liability imposed by law upon the taxicab carrier for the
28payment of damages for personal bodily injuries, including death
29resulting therefrom, insurance against a total liability of the taxicab
30carrier on account of bodily injuries to, or death of, more than one
31person as a result of any one accident, and insurance against
32damage or destruction of property. The insurance requirements
33shall be satisfied through commercial liability insurance coverage
34applicable 24 hours per day and seven days per week that is no
35less than one hundred thousand dollars ($100,000) for death and
36personal injury per person, three hundred thousand dollars
37($300,000) for death and personal injury per incident, and fifty
38thousand dollars ($50,000) for property damage. The commission
39may require higher amounts of insurance coverage.

P47   1

5455.2.  

The insurance coverage required under Section 5455
2shall cover each motor vehicle used or to be used under a taxicab
3carrier’s permit. The policy of insurance shall be issued by a
4company licensed to write insurance in this state, or by nonadmitted
5insurers subject to Section 1763 of the Insurance Code, if the
6policies meet the rules promulgated therefor by the commission.

7

5455.4.  

No entity holding a valid taxicab carrier permit issued
8by the commission pursuant to this chapter shall be required by a
9city, county, city and county, or any other local agency to provide
10insurance in a manner different from that required by this article.

11

5455.8.  

The insurance policy shall be filed with the
12commission. With the consent of the commission, a copy of an
13insurance policy, certified by the company issuing it to be a true
14copy of the original policy, or a photocopy thereof, or an electronic
15copy thereof, or an abstract of the provisions of the policy, or a
16certificate of insurance issued by the company issuing the policy,
17may be filed with the commission in lieu of the original or a
18duplicate or counterpart of the policy.

19 

20Article 6.  Pricing and GPS Metering
21

 

22

5456.  

The commission shall not regulate the type of device
23used by taxicab carriers to calculate fares, including the use of
24global positioning system metering as a form of calculating fares.

25

5456.2.  

The commission shall adopt rules requiring taxicab
26carriers to disclose fares, fees, or rates to the customer before the
27customer accepts the ride so that the customer can make a
28knowledgeable decision. Any rules shall allow a taxicab carrier to
29disclose fares, fees, or rates on its Internet Web site or cellular
30telephone application.

31 

32Article 7.  Taxicab Drivers
33

 

34

5457.  

While providing taxicab transportation services, a taxicab
35driver shall have in his or her immediate possession, and shall
36present, upon request, to a law enforcement officer, a representative
37of the commission, or a customer, all of the following:

38(a) Evidencebegin delete ofend deletebegin insert of, at a minimum,end insert a valid Class C California
39driver’s license.

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

P48   1(c) Evidence of the taxicab carrier’s liability insurance in
2compliance with Article 5 (commencing with Section 5455).

3

5457.2.  

A taxicab driver shall not drive a taxicab while his or
4her driver’s license is expired, suspended, or revoked.

5

5457.4.  

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

6(1) Participate in a pull-notice system pursuant to Section 1808.1
7of the Vehicle Code to regularly check the driving records of all
8taxicab drivers employed or contracted by the carrier.

9(2) Provide for a mandatory controlled substance and alcohol
10testing certification program for taxicab drivers employed or
11contracted by the carrier, as required by the commission. The
12program shall not be more strict than the program adopted by the
13commission pursuant to Section 1032.1 for transportation network
14company drivers.

15(3) Ensure that a taxicab driver employed or contracted by the
16carrier meets all of the following requirements:

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

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

19(C) Is not afflicted with either a physical or mental incapacity
20that would preclude the individual from safely operating a taxicab
21and performing the duties normally associated with the profession.

22(D) Passes a background check through the Department of
23Justice’s live scan system.begin insert The Department of Justice, with respect
24to each background check for a potential taxicab driver submitted
25by a taxicab carrier, shall provide the results of the background
26check to the commission, and the commission shall notify the
27taxicab carrier as to whether the person is eligible to be employed
28or contracted as a taxicab driver.end insert

29(4) Provide each taxicab driver employed or contracted by the
30taxicab carrier with documentation necessary for the driver to
31comply with subdivisions (b) and (c) of Section 5457.

32(b) A taxicab carrier may require a taxicab driver to submit a
33medical report and obtain a valid medical certificate if the carrier
34 believes that the driver has a physical or mental affliction.

35(c) Taxicab drivers hired or contracted by a taxicab carrier on
36or afterbegin delete Januaryend deletebegin insert Julyend insert 1, 2017, shall be subject to mandatory drug
37and alcohol testing prior to employment or contracting. Drivers
38hired or contracted by a taxicab carrier beforebegin delete Januaryend deletebegin insert Julyend insert 1, 2017,
39shall complete a drug and alcohol test beforebegin delete Januaryend deletebegin insert Julyend insert 1, 2018.

P49   1

5457.6.  

(a) A taxicab carrier regulated pursuant to this chapter
2shall not employ, or contract with, any of the following persons
3as a taxicab driver:

4(1) A person convicted, during the preceding seven years, of
5any offense relating to the use, sale, possession, or transportation
6of narcotics, controlled substances, or addictive or dangerous drugs,
7or of any act involving force, violence, threat, or intimidation
8against persons, or of any sexual offense, or of any act involving
9moral turpitude, including fraud or intentional dishonesty for
10personal gain, or of any felony offense, or of any offense involving
11the possession of a firearm or dangerous weapon, or of any offense
12involving the solicitation or agreement to engage in or engagement
13in any act of prostitution, or of any act of resisting, delaying, or
14obstructing a peace officer, public officer, or emergency medical
15technician, or of theft in either degree. For the purposes of this
16paragraph, a subsequent change of plea or vacation of verdict and
17dismissal of charges pursuant to Section 1203.4 of the Penal Code
18does not release the applicant from the penalties and disabilities
19resulting from the offense of which he or she has been convicted.

20(2) A person required to register as a sex offender under Section
21290 of the Penal Code or a person convicted of a felony involving
22any type of sexual offense; the manufacture, possession for sale,
23transportation, or distribution of narcotics, controlled substances,
24or addictive or dangerous drugs; force, violence, threat, or
25intimidation against persons; kidnaping; forgery, fraud, larceny,
26extortion, burglary, robbery, or theft; credit card fraud; possession
27of a firearm or dangerous weapon; resisting or obstructing a peace
28 officer, public officer, or emergency medical technician; or use of
29a vehicle for hire in the commission of a felony.

30(3) A person convicted of any violation of Section 20001, 20003,
3120004, 23104, or 23153 of the Vehicle Code.

32(b) For purposes of subdivision (a), out-of-state convictions for
33equivalent violations shall be given the same effect as in-state
34convictions.

35 

36Article 8.  Vehicle Inspection
37

 

38

5458.  

Upon initial placement into service and annually
39thereafter, a taxicab carrier shall have each vehicle inspected at a
40facility licensed by the Bureau of Automotive Repair, and shall
P50   1maintain complete documentation of each inspection. The
2inspection shall cover all of the following components, and each
3component shall, at a minimum, be in satisfactory condition before
4a vehicle may be used in providing taxicab transportation services:

5(a) Foot brakes.

6(b) Emergency brakes.

7(c) Steering mechanism.

8(d) Windshield.

9(e) Rear window and other glass.

10(f) Windshield wipers.

11(g) Headlights.

12(h) Tail lights.

13(i) Turn indicator lights.

14(j) Stop lights.

15(k) Front seat adjustment mechanism.

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

17(m) Horn.

18(n) Speedometer.

19(o) Bumpers.

20(p) Muffler and exhaust system.

21(q) Tires.

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

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

24 

25Article 9.  Local Agencies and Airports
26

 

27

5459.  

(a) Except as otherwise specifically provided in this
28begin delete article andend deletebegin insert article,end insert in Section 5451.3,begin insert and in Section 53075.5 of
29the Government Code,end insert
and notwithstanding any other provision
30of law, this chapter constitutes the exclusive regulation of taxicab
31carriers and taxicab transportation services in this state. In that
32regard, a local agency may notbegin insert otherwiseend insert require a license, or
33begin insert otherwiseend insert impose a tax or fee, for the conduct of taxicab
34transportation services subject to regulation under this chapter.

35(b)  Nothing in this chapter shall be construed to prevent a local
36agency from designating taxicab stands on public highways under
37its jurisdiction pursuant to Section 21112 of the Vehicle Code for
38use by taxicabs, or from designating other locations for taxicabs
39to stop pursuant to Section 22500 of the Vehicle Code.

P51   1(c) Nothing in this chapter shall be construed to prevent the
2governing body of an airport from adopting and enforcing
3reasonable and nondiscriminatory local airport rules, regulations,
4and ordinances pertaining to access, use of highways, parking,
5traffic control, passenger transfers and occupancy, passenger
6solicitation practices, and the use of buildings and facilities, that
7are applicable to taxicab carriers operating on airport property. In
8that regard, the governing body of an airport may require a taxicab
9carrier to obtain an airport permit in order to operate taxicab
10transportation services to or from the airport.

11(d) Nothing in this chapter shall be construed to prohibit any
12agreement entered into between a taxicab carrier and the governing
13board of an airport pursuant to Article 4.5 (commencing with
14Section 21690.5) of Chapter 4 of Part 1 of Division 9.

15 

16Article 10.  Violations
17

 

18

5460.  

Every taxicab carrier and every officer, director, agent,
19employee, or contractor of any taxicab carrier who violates or fails
20to comply with, or who procures, aids, or abets any violation of,
21any provision of this chapter, or who fails to obey, observe, or
22comply with any order, decision, rule, regulation, direction,
23demand, or requirement of the commission, or with any permit
24issued under this chapter, or who procures, aids, or abets any
25taxicab carrier in its failure to comply with the order, decision,
26rule, regulation, direction, demand, requirement, or permit, is guilty
27of a misdemeanor and is punishable by a fine of not less than one
28thousand dollars ($1,000) and not more than five thousand dollars
29($5,000) or by imprisonment in a county jail for not more than
30three months, or by both that fine and imprisonment.

31

5460.2.  

Every person other than a taxicab carrier who
32knowingly and willfully, either individually, or acting as an officer,
33agent, or employee of a person other than a taxicab carrier, who
34violates any provision of this chapter, or who fails to obey, observe,
35or comply with any order, decision, rule, regulation, direction,
36demand, or requirement of the commission, or who procures, aids,
37or abets any taxicab carrier in its violation of this chapter, or in its
38failure to obey, observe, or comply with any order, decision, rule,
39regulation, direction, demand, or requirement, is guilty of a
40misdemeanor and is punishable by a fine of not less than one
P52   1thousand dollars ($1,000) and not more than five thousand dollars
2($5,000) or by imprisonment in a county jail for not more than
3three months, or by both that fine and imprisonment.

4

5460.4.  

Every taxicab carrier and every officer, director, agent,
5employee, or contractor of any taxicab carrier who violates or fails
6to comply with, or who procures, aids, or abets any violation by
7any taxicab carrier of, any provision of this chapter, or who fails
8to obey, observe, or comply with any order, decision, rule,
9regulation, direction, demand, or requirement of the commission,
10or with any permit issued under this chapter, or who procures,
11aids, or abets any taxicab carrier in its failure to comply with the
12order, decision, rule, regulation, direction, demand, requirement,
13or permit, is subject to a civil penalty of not more than two
14thousand dollars ($2,000) for each offense.

15

5460.6.  

Every person other than a taxicab carrier who
16knowingly and willfully, either individually, or acting as an officer,
17agent, or employee of a person other than a taxicab carrier, who
18violates any provision of this chapter, or who fails to obey, observe,
19or comply with any order, decision, rule, regulation, direction,
20demand, or requirement of the commission, or who procures, aids,
21or abets any taxicab carrier in its violation of this chapter, or in its
22failure to obey, observe, or comply with any order, decision, rule,
23regulation, direction, demand, or requirement, is subject to a civil
24penalty of not more than two thousand dollars ($2,000) for each
25offense.

26

5460.8.  

Every person who drives a taxicab in conjunction with
27providing taxicab transportation services subject to regulation
28under this chapter and who is in violation of Section 5457 or 5457.2
29is guilty of a misdemeanor and is punishable by a fine of not less
30thanbegin delete ____end deletebegin insert one thousandend insert dollarsbegin delete ($____)end deletebegin insert ($1,000)end insert and not more
31thanbegin delete ____end deletebegin insert five thousandend insert dollarsbegin delete ($____)end deletebegin insert ($5,000)end insert or by
32imprisonment in a county jail for not more thanbegin delete ____end deletebegin insert sixend insert months,
33or by both that fine and imprisonment.

34

5460.10.  

Every violation of this chapter or of any order,
35decision, rule, regulation, direction, demand, or requirement of
36the commission by any person is a separate and distinct offense
37and, in case of a continuing violation, each day’s continuance
38thereof is a separate and distinct offense.

39

5460.12.  

(a) Whenever a peace officer, as defined in Chapter
404.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal
P53   1Code, arrests a person for the operation of a taxicab without a valid
2taxicab carrier permit, the peace officer may impound and retain
3possession of the vehicle.

4(b) If the vehicle is seized from a person who is not the owner
5of the vehicle, the impounding authority shall immediately give
6notice to the owner by first-class mail.

7(c) The vehicle shall immediately be returned to the owner if
8the violation is not prosecuted or is dismissed, the owner is found
9not guilty of the offense, or it is determined that the vehicle was
10used in violation of Section 5460.8 without the knowledge and
11consent of the owner. The vehicle shall be returned to the owner
12upon payment of any fine ordered by the court. If the vehicle is
13seized due to a violation of a person other than the owner of the
14vehicle, the vehicle shall be returned to the owner after all
15impoundment fees are paid. After the expiration of six weeks from
16the final disposition of the criminal case, unless the owner is in
17the process of making payments to the court, the impounding
18authority may deal with the vehicle as lost or abandoned property
19under Section 1411 of the Penal Code.

20(d) At any time, a person may make a motion in superior court
21for the immediate return of the vehicle on the ground that there
22was no probable cause to seize it or that there is some other good
23cause, as determined by the court, for the return of the vehicle. A
24proceeding under this section is a limited civil case.

25

5460.14.  

When a person is convicted of the offense of operating
26a taxicab without a valid taxicab carrier permit, in addition to any
27other penalties provided by law, if the court determines the person
28has the ability to pay, the court shall impose a mandatory fine not
29exceeding two thousand five hundred dollars ($2,500) for a first
30conviction or five thousand dollars ($5,000) for a subsequent
31conviction.

32

5460.16.  

Whenever the commission, after hearing, finds that
33any entity is operating as a taxicab carrier without a valid permit
34in violation of this chapter, the commission may impose a fine of
35not more than five thousand dollars ($5,000) for each violation.
36The commission may assess the entity an amount sufficient to
37cover the reasonable expense of investigation incurred by the
38commission. The commission may assess interest on any fine or
39assessment imposed, to commence on the day the payment of the
40fine or assessment becomes delinquent. All fines, assessments,
P54   1and interest collected shall be deposited at least once each month
2in the General Fund.

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3

SEC. 14.  

Section 120269 of the Public Utilities Code is
4amended to read:

5

120269.  

(a) If the board licenses or regulates any transportation
6service, pursuant to Section 120266, or any passenger jitney
7service, pursuant to Section 120267, and the licensed or regulated
8service employs, or contracts with, any driver who (1) is not
9required to be tested for controlled substances and alcohol pursuant
10to Part 382 (commencing with Section 382.101) of Title 49 of the
11Code of Federal Regulations, Section 1032.1 or 5457.22 of this
12code, or Section 34520 of the Vehicle Code, and (2) is not
13exempted under Section 34520 of the Vehicle Code, the board
14shall adopt, by ordinance or resolution, a mandatory controlled
15substance and alcohol testing certification program for those
16 drivers.

17(b) The program adopted pursuant to subdivision (a) shall meet
18substantially the requirements set forth in paragraph (3) of
19subdivision (b) of Section 53075.5 of the Government Code, as
20that paragraph read on December 31, 2016.

21(c) Evidence derived from a positive test result collected
22pursuant to the program adopted under subdivision (a) shall not
23be admissible in a criminal prosecution concerning unlawful
24possession, sale, or distribution of controlled substances.

end delete
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25

SEC. 15.  

Section 1808.1 of the Vehicle Code is amended to
26read:

27

1808.1.  

(a) The prospective employer of a driver who drives
28a vehicle specified in subdivision (k) shall obtain a report showing
29the driver’s current public record as recorded by the department.
30For purposes of this subdivision, a report is current if it was issued
31less than 30 days prior to the date the employer employs the driver.
32The report shall be reviewed, signed, and dated by the employer
33and maintained at the employer’s place of business until receipt
34of the pull-notice system report pursuant to subdivisions (b) and
35(c). These reports shall be presented upon request to an authorized
36representative of the Department of the California Highway Patrol
37during regular business hours.

38(b) The employer of a driver who drives a vehicle specified in
39subdivision (k) shall participate in a pull-notice system, which is
40a process for the purpose of providing the employer with a report
P55   1showing the driver’s current public record as recorded by the
2department, and any subsequent convictions, failures to appear,
3accidents, driver’s license suspensions, driver’s license revocations,
4or any other actions taken against the driving privilege or
5certificate, added to the driver’s record while the employer’s
6notification request remains valid and uncanceled. As used in this
7section, participation in the pull-notice system means obtaining a
8requester code and enrolling all employed drivers who drive a
9vehicle specified in subdivision (k) under that requester code.

10(c) The employer of a driver of a vehicle specified in subdivision
11(k) shall, additionally, obtain a periodic report from the department
12at least every 12 months. The employer shall verify that each
13employee’s driver’s license has not been suspended or revoked,
14the employee’s traffic violation point count, and whether the
15employee has been convicted of a violation of Section 23152 or
1623153. The report shall be signed and dated by the employer and
17maintained at the employer’s principal place of business. The
18report shall be presented upon demand to an authorized
19representative of the Department of the California Highway Patrol
20during regular business hours.

21(d) Upon the termination of a driver’s employment, the employer
22shall notify the department to discontinue the driver’s enrollment
23in the pull-notice system.

24(e) For the purposes of the pull-notice system and periodic report
25process required by subdivisions (b) and (c), an owner, other than
26an owner-operator as defined in Section 34624, and an employer
27who drives a vehicle described in subdivision (k) shall be enrolled
28as if he or she were an employee. A family member and a volunteer
29 driver who drives a vehicle described in subdivision (k) shall also
30be enrolled as if he or she were an employee.

31(f) An employer who, after receiving a driving record pursuant
32to this section, employs or continues to employ as a driver a person
33against whom a disqualifying action has been taken regarding his
34or her driving privilege or required driver’s certificate, is guilty of
35a public offense, and upon conviction thereof, shall be punished
36by confinement in a county jail for not more than six months, by
37a fine of not more than one thousand dollars ($1,000), or by both
38that confinement and fine.

39(g) As part of its inspection of bus maintenance facilities and
40terminals required at least once every 13 months pursuant to
P56   1subdivision (c) of Section 34501, the Department of the California
2Highway Patrol shall determine whether each transit operator, as
3defined in Section 99210 of the Public Utilities Code, is then in
4compliance with this section and Section 12804.6, and shall certify
5each operator found to be in compliance. Funds shall not be
6allocated pursuant to Chapter 4 (commencing with Section 99200)
7of Part 11 of Division 10 of the Public Utilities Code to a transit
8operator that the Department of the California Highway Patrol has
9not certified pursuant to this section.

10(h) (1) A request to participate in the pull-notice system
11established by this section shall be accompanied by a fee
12determined by the department to be sufficient to defray the entire
13actual cost to the department for the notification service. For the
14receipt of subsequent reports, the employer shall also be charged
15a fee established by the department pursuant to Section 1811. An
16employer who qualifies pursuant to Section 1812 shall be exempt
17from any fee required pursuant to this section. Failure to pay the
18fee shall result in automatic cancellation of the employer’s
19participation in the notification services.

20(2) A regularly organized fire department, having official
21recognition of the city, county, city and county, or district in which
22the department is located, shall participate in the pull-notice
23program and shall not be subject to the fee established pursuant
24to this subdivision.

25(3) The Board of Pilot Commissioners for Monterey Bay and
26the Bays of San Francisco, San Pablo, and Suisun, and its port
27agent shall participate in the pull-notice system established by this
28section, subject to Section 1178.5 of the Harbors and Navigation
29Code, and shall not be subject to the fees established pursuant to
30this subdivision.

31(i) The department, as soon as feasible, may establish an
32automatic procedure to provide the periodic reports to an employer
33by mail or via an electronic delivery method, as required by
34subdivision (c), on a regular basis without the need for individual
35requests.

36(j) (1) The employer of a driver who is employed as a casual
37driver is not required to enter that driver’s name in the pull-notice
38system, as otherwise required by subdivision (a). However, the
39employer of a casual driver shall be in possession of a report of
40the driver’s current public record as recorded by the department,
P57   1prior to allowing a casual driver to drive a vehicle specified in
2subdivision (k). A report is current if it was issued less than six
3months prior to the date the employer employs the driver.

4(2) For the purposes of this subdivision, a driver is employed
5as a casual driver when the employer has employed the driver less
6than 30 days during the preceding six months. “Casual driver”
7does not include a driver who operates a vehicle that requires a
8passenger transportation endorsement.

9(k) This section applies to a vehicle for the operation of which
10the driver is required to have a class A or class B driver’s license,
11a class C license with any endorsement issued pursuant to Section
1215278, a class C license issued pursuant to Section 12814.7, or a
13certificate issued pursuant to Section 12517, 12519, 12520, 12523,
1412523.5, or 12527, a passenger vehicle having a seating capacity
15of not more than 10 persons, including the driver, operated for
16compensation by a charter-party carrier of passengers or passenger
17stage corporation pursuant to a certificate of public convenience
18and necessity or a permit issued by the Public Utilities
19Commission, or a taxicab as defined in subdivision (b) of Section
2027908.

21(l) This section shall not be construed to change the definition
22of “employer,” “employee,” or “independent contractor” for any
23purpose.

24(m) A motor carrier who contracts with a person to drive a
25vehicle described in subdivision (k) that is owned by, or leased to,
26that motor carrier, shall be subject to subdivisions (a), (b), (c), (d),
27(f), (j), (k), and (l) and the employer obligations in those
28subdivisions.

end delete
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29

SEC. 16.  

Section 12523.6 of the Vehicle Code is amended to
30read:

31

12523.6.  

(a) (1) On and after March 1, 1998, no person who
32is employed primarily as a driver of a motor vehicle that is used
33for the transportation of persons with developmental disabilities,
34as defined in subdivision (a) of Section 4512 of the Welfare and
35Institutions Code, shall operate that motor vehicle unless that
36person has in his or her possession a valid driver’s license of the
37appropriate class and a valid special driver certificate issued by
38the department.

P58   1(2) This subdivision only applies to a person who is employed
2by a business, a nonprofit organization, or a state or local public
3agency.

4(b) The special driver certificate shall be issued only to an
5applicant who has cleared a criminal history background check by
6the Department of Justice and, if applicable, by the Federal Bureau
7of Investigation.

8(1) In order to determine the applicant’s suitability as the driver
9of a vehicle used for the transportation of persons with
10developmental disabilities, the Department of the California
11Highway Patrol shall require the applicant to furnish to that
12department, on a form provided or approved by that department
13for submission to the Department of Justice, a full set of
14fingerprints sufficient to enable a criminal background
15investigation.

16(2) Except as provided in paragraph (3), an applicant shall
17furnish to the Department of the California Highway Patrol
18evidence of having resided in this state for seven consecutive years
19immediately prior to the date of application for the certificate.

20(3) If an applicant is unable to furnish the evidence required
21under paragraph (2), the Department of the California Highway
22Patrol shall require the applicant to furnish an additional full set
23of fingerprints. That department shall submit those fingerprint
24cards to the Department of Justice. The Department of Justice
25shall, in turn, submit the additional full set of fingerprints required
26under this paragraph to the Federal Bureau of Investigation for a
27national criminal history record check.

28(4) Applicant fingerprint forms shall be processed and returned
29to the area office of the Department of the California Highway
30Patrol from which they originated not later than 15 working days
31from the date on which the fingerprint forms were received by the
32Department of Justice, unless circumstances, other than the
33administrative duties of the Department of Justice, warrant further
34 investigation. Upon implementation of an electronic fingerprinting
35system with terminals located statewide and managed by the
36Department of Justice, the Department of Justice shall ascertain
37the information required pursuant to this subdivision within three
38working days.

39(5) The applicant shall pay, in addition to the fees authorized
40in Section 2427, a fee of twenty-five dollars ($25) for an original
P59   1certificate and twelve dollars ($12) for the renewal of that
2certificate to the Department of the California Highway Patrol.

3(c) A certificate issued under this section shall not be deemed
4a certification to operate a particular vehicle that otherwise requires
5a driver’s license or endorsement for a particular class under this
6code.

7(d) On or after March 1, 1998, no person who operates a
8business or a nonprofit organization or agency shall employ a
9person who is employed primarily as a driver of a motor vehicle
10for hire that is used for the transportation of persons with
11developmental disabilities unless the employed person operates
12the motor vehicle in compliance with subdivision (a).

13(e) Nothing in this section precludes an employer of persons
14who are occasionally used as drivers of motor vehicles for the
15transportation of persons with developmental disabilities from
16requiring those persons, as a condition of employment, to obtain
17a special driver certificate pursuant to this section or precludes any
18volunteer driver from applying for a special driver certificate.

19(f) As used in this section, a person is employed primarily as a
20driver if that person performs at least 50 percent of his or her time
21worked including, but not limited to, time spent assisting persons
22onto and out of the vehicle, or at least 20 hours a week, whichever
23is less, as a compensated driver of a motor vehicle for hire for the
24transportation of persons with developmental disabilities.

25(g) This section does not apply to any person who has
26successfully completed a background investigation prescribed by
27law, including, but not limited to, health care transport vehicle
28operators, or to the operator of a taxicab regulated pursuant to
29Chapter 8.5 (commencing with Section 5451) of Division 2 of the
30Public Utilities Code. This section does not apply to a person who
31holds a valid certificate, other than a farm labor vehicle driver
32certificate, issued under Section 12517.4 or 12527. This section
33does not apply to a driver who provides transportation on a
34noncommercial basis to persons with developmental disabilities.

end delete
begin delete
35

SEC. 17.  

Section 21100 of the Vehicle Code is amended to
36read:

37

21100.  

Local authorities may adopt rules and regulations by
38ordinance or resolution regarding all of the following matters:

39(a) Regulating or prohibiting processions or assemblages on the
40highways.

P60   1(b) Regulating traffic by means of traffic officers.

2(c) Regulating traffic by means of official traffic control devices
3meeting the requirements of Section 21400.

4(d) (1) Regulating traffic by means of a person given temporary
5or permanent appointment for that duty by the local authority when
6official traffic control devices are disabled or otherwise inoperable,
7at the scenes of accidents or disasters, or at locations as may require
8traffic direction for orderly traffic flow.

9(2) A person shall not be appointed pursuant to this subdivision
10unless and until the local authority has submitted to the
11commissioner or to the chief law enforcement officer exercising
12jurisdiction in the enforcement of traffic laws within the area in
13which the person is to perform the duty, for review, a proposed
14program of instruction for the training of a person for that duty,
15and unless and until the commissioner or other chief law
16enforcement officer approves the proposed program. The
17commissioner or other chief law enforcement officer shall approve
18a proposed program if he or she reasonably determines that the
19program will provide sufficient training for persons assigned to
20 perform the duty described in this subdivision.

21(e) Regulating traffic at the site of road or street construction
22or maintenance by persons authorized for that duty by the local
23authority.

24(f) (1) Licensing and regulating the operation of tow truck
25service or tow truck drivers whose principal place of business or
26employment is within the jurisdiction of the local authority,
27excepting the operation and operators of any auto dismantlers’ tow
28vehicle licensed under Section 11505 or any tow truck operated
29by a repossessing agency licensed under Chapter 11 (commencing
30with Section 7500) of Division 3 of the Business and Professions
31Code and its registered employees.

32(2) The Legislature finds that the safety and welfare of the
33general public is promoted by permitting local authorities to
34regulate tow truck service companies and operators by requiring
35licensure, insurance, and proper training in the safe operation of
36towing equipment, thereby ensuring against towing mistakes that
37may lead to violent confrontation, stranding motorists in dangerous
38situations, impeding the expedited vehicle recovery, and wasting
39state and local law enforcement’s limited resources.

P61   1(3) This subdivision does not limit the authority of a city or city
2and county pursuant to Section 12111.

3(g) Operation of bicycles, and, as specified in Section 21114.5,
4electric carts by physically disabled persons, or persons 50 years
5of age or older, on public sidewalks.

6(h) Providing for the appointment of nonstudent school crossing
7guards for the protection of persons who are crossing a street or
8highway in the vicinity of a school or while returning thereafter
9to a place of safety.

10(i) Regulating the methods of deposit of garbage and refuse in
11streets and highways for collection by the local authority or by
12any person authorized by the local authority.

13(j) (1) Regulating cruising.

14(2) The ordinance or resolution adopted pursuant to this
15subdivision shall regulate cruising, which is the repetitive driving
16of a motor vehicle past a traffic control point in traffic that is
17congested at or near the traffic control point, as determined by the
18ranking peace officer on duty within the affected area, within a
19specified time period and after the vehicle operator has been given
20an adequate written notice that further driving past the control
21point will be a violation of the ordinance or resolution.

22(3) A person is not in violation of an ordinance or resolution
23adopted pursuant to this subdivision unless both of the following
24apply:

25(A) That person has been given the written notice on a previous
26driving trip past the control point and then again passes the control
27point in that same time interval.

28(B) The beginning and end of the portion of the street subject
29to cruising controls are clearly identified by signs that briefly and
30clearly state the appropriate provisions of this subdivision and the
31local ordinance or resolution on cruising.

32(k) Regulating or authorizing the removal by peace officers of
33vehicles unlawfully parked in a fire lane, as described in Section
3422500.1, on private property. A removal pursuant to this
35subdivision shall be consistent, to the extent possible, with the
36procedures for removal and storage set forth in Chapter 10
37(commencing with Section 22650).

38 (l) Regulating mobile billboard advertising displays, as defined
39in Section 395.5, including the establishment of penalties, which
40may include, but are not limited to, removal of the mobile billboard
P62   1advertising display, civil penalties, and misdemeanor criminal
2penalties, for a violation of the ordinance or resolution. The
3ordinance or resolution may establish a minimum distance that a
4mobile billboard advertising display shall be moved after a
5specified time period.

6(m)  Licensing and regulating the operation of pedicabs for hire,
7as defined in Section 467.5, and operators of pedicabs for hire,
8including requiring one or more of the following documents:

9(1) A valid California driver’s license.

10(2) Proof of successful completion of a bicycle safety training
11course certified by the League of American Bicyclists or an
12equivalent organization as determined by the local authority.

13(3) A valid California identification card and proof of successful
14completion of the written portion of the California driver’s license
15examination administered by the department. The department shall
16administer, without charging a fee, the original driver’s license
17written examination on traffic laws and signs to a person who
18states that he or she is, or intends to become, a pedicab operator,
19and who holds a valid California identification card or has
20successfully completed an application for a California identification
21card. If the person achieves a passing score on the examination,
22the department shall issue a certificate of successful completion
23of the examination, bearing the person’s name and identification
24card number. The certificate shall not serve in lieu of successful
25completion of the required examination administered as part of
26any subsequent application for a driver’s license. The department
27is not required to enter the results of the examination into the
28computerized record of the person’s identification card or otherwise
29retain a record of the examination or results.

30(n) (1) This section does not authorize a local authority to enact
31or enforce an ordinance or resolution that establishes a violation
32if a violation for the same or similar conduct is provided in this
33code, nor does it authorize a local authority to enact or enforce an
34ordinance or resolution that assesses a fine, penalty, assessment,
35or fee for a violation if a fine, penalty, assessment, or fee for a
36violation involving the same or similar conduct is provided in this
37code.

38(2) This section does not preclude a local authority from enacting
39parking ordinances pursuant to existing authority in Chapter 9
40(commencing with Section 22500) of Division 11.

P63   1(o) (1) Regulating advertising signs on motor vehicles parked
2or left standing upon a public street. The ordinance or resolution
3may establish a minimum distance that the advertising sign shall
4be moved after a specified time period.

5(2) Paragraph (1) does not apply to any of the following:

6(A) Advertising signs that are permanently affixed to the body
7of, an integral part of, or a fixture of a motor vehicle for permanent
8decoration, identification, or display and that do not extend beyond
9the overall length, width, or height of the vehicle.

10(B) If the license plate frame is installed in compliance with
11Section 5201, paper advertisements issued by a dealer contained
12within that license plate frame or any advertisements on that license
13plate frame.

14(3) As used in paragraph (2), “permanently affixed” means any
15of the following:

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

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

18(C) Placed in a location on the body of a motor vehicle that was
19specifically designed by a vehicle manufacturer as defined in
20Section 672 and licensed pursuant to Section 11701, in compliance
21with both state and federal law or guidelines, for the express
22purpose of containing an advertising sign.

end delete
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23

SEC. 18.  

Section 21100.4 of the Vehicle Code is amended to
24read:

25

21100.4.  

(a) (1) A magistrate presented with the affidavit of
26a peace officer establishing reasonable cause to believe that a
27vehicle, described by vehicle type and license number, is being
28operated as a taxicab or other passenger vehicle for hire in violation
29of Chapter 8.5 (commencing with Section 5451) of Division 2 of
30the Public Utilities Code or in violation of an ordinance of the City
31and County of San Francisco or its airport authority shall issue a
32warrant or order authorizing the peace officer to immediately seize
33and cause the removal of the vehicle.

34(2) The warrant or court order may be entered into a
35computerized database.

36(3) A vehicle so impounded may be impounded for a period not
37to exceed 30 days.

38(4) The impounding agency, within two working days of
39impoundment, shall send a notice by certified mail, return receipt
40requested, to the legal owner of the vehicle, at an address obtained
P64   1from the department, informing the owner that the vehicle has
2been impounded and providing the owner with a copy of the
3warrant or court order. Failure to notify the legal owner within
4two working days shall prohibit the impounding agency from
5charging for more than 15 days’ impoundment when a legal owner
6redeems the impounded vehicle. The law enforcement agency shall
7be open to issue a release to the registered owner or legal owner,
8or the agent of either, whenever the agency is open to serve the
9public for regular, nonemergency business.

10(b) (1) An impounding agency shall release a vehicle to the
11registered owner or his or her agent prior to the end of the
12impoundment period and without the permission of the magistrate
13authorizing the vehicle’s seizure under any of the following
14circumstances:

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

16(B) When the vehicle was seized under this section for an
17offense that does not authorize the seizure of the vehicle.

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

19(2) A vehicle may not be released under this subdivision, except
20upon presentation of the registered owner’s or agent’s currently
21valid permit to operate the vehicle under the requirements of
22Chapter 8.5 (commencing with Section 5451) of Division 2 of the
23Public Utilities Code or an ordinance of the City and County of
24San Francisco or its airport authority, and proof of current vehicle
25registration, or upon order of the court.

26(c) (1) Whenever a vehicle is impounded under this section,
27the magistrate ordering the storage shall provide the vehicle’s
28registered and legal owners of record, or their agents, with the
29opportunity for a poststorage hearing to determine the validity of
30the storage.

31(2) A notice of the storage shall be mailed or personally
32delivered to the registered and legal owners within 48 hours after
33issuance of the warrant or court order, excluding weekends and
34holidays, by the person or agency executing the warrant or court
35order, and shall include all of the following information:

36(A) The name, address, and telephone number of the agency
37providing the notice.

38(B) The location of the place of storage and a description of the
39vehicle, which shall include, if available, the name or make, the
P65   1manufacturer, the license plate number, and the mileage of the
2vehicle.

3(C) A copy of the warrant or court order and the peace officer’s
4affidavit, as described in subdivision (a).

5(D) A statement that, in order to receive their poststorage
6hearing, the owners, or their agents, are required to request the
7hearing from the magistrate issuing the warrant or court order in
8person, in writing, or by telephone, within 10 days of the date of
9the notice.

10(3) The poststorage hearing shall be conducted within two court
11days after receipt of the request for the hearing.

12(4) At the hearing, the magistrate may order the vehicle released
13if he or she finds any of the circumstances described in subdivision
14(b) or (e) that allow release of a vehicle by the impounding agency.

15(5) Failure of either the registered or legal owner, or his or her
16agent, to request, or to attend, a scheduled hearing satisfies the
17poststorage hearing requirement.

18(6) The agency employing the peace officer who caused the
19magistrate to issue the warrant or court order shall be responsible
20for the costs incurred for towing and storage if it is determined in
21the poststorage hearing that reasonable grounds for the storage are
22not established.

23(d) The registered owner or his or her agent is responsible for
24all towing and storage charges related to the impoundment, and
25any administrative charges authorized under Section 22850.5.

26(e) A vehicle removed and seized under subdivision (a) shall
27be released to the legal owner of the vehicle or the legal owner’s
28agent prior to the end of the impoundment period and without the
29permission of the magistrate authorizing the seizure of the vehicle
30if all of the following conditions are met:

31(1) The legal owner is a motor vehicle dealer, bank, credit union,
32acceptance corporation, or other licensed financial institution
33legally operating in this state or is another person, not the registered
34owner, holding a security interest in the vehicle.

35(2) (A) The legal owner or the legal owner’s agent pays all
36towing and storage fees related to the seizure of the vehicle. A lien
37sale processing fee shall not be charged to the legal owner who
38redeems the vehicle prior to the 15th day of impoundment. Neither
39the impounding authority nor any person having possession of the
40vehicle shall collect from the legal owner of the type specified in
P66   1paragraph (1), or the legal owner’s agent, any administrative
2charges imposed pursuant to Section 22850.5 unless the legal
3owner voluntarily requested a poststorage hearing.

4(B) A person operating or in charge of a storage facility where
5vehicles are stored pursuant to this section shall accept a valid
6bank credit card or cash for payment of towing, storage, and related
7fees by a legal or registered owner or the owner’s agent claiming
8the vehicle. A credit card shall be in the name of the person
9presenting the card. “Credit card” means “credit card” as defined
10in subdivision (a) of Section 1747.02 of the Civil Code, except,
11for the purposes of this section, credit card does not include a credit
12card issued by a retail seller.

13(C) A person operating or in charge of a storage facility
14described in subparagraph (B) who violates subparagraph (B) shall
15be civilly liable to the owner of the vehicle or to the person who
16tendered the fees for four times the amount of the towing, storage,
17and related fees, but not to exceed five hundred dollars ($500).

18(D) A person operating or in charge of a storage facility
19described in subparagraph (B) shall have sufficient funds on the
20premises of the primary storage facility during normal business
21hours to accommodate, and make change in, a reasonable monetary
22transaction.

23(E) Credit charges for towing and storage services shall comply
24with Section 1748.1 of the Civil Code. Law enforcement agencies
25may include the costs of providing for payment by credit when
26making agreements with towing companies on rates.

27(3) (A) The legal owner or the legal owner’s agent presents to
28the law enforcement agency or impounding agency, or any person
29acting on behalf of those agencies, a copy of the assignment, as
30defined in subdivision (b) of Section 7500.1 of the Business and
31Professions Code; a release from the one responsible governmental
32agency, only if required by the agency; a government-issued
33photographic identification card; and any one of the following as
34determined by the legal owner or the legal owner’s agent: a
35certificate of repossession for the vehicle, a security agreement
36for the vehicle, or title, whether paper or electronic, showing proof
37of legal ownership for the vehicle. The law enforcement agency,
38impounding agency, or any other governmental agency, or any
39person acting on behalf of those agencies, shall not require the
40presentation of any other documents.

P67   1(B) The legal owner or the legal owner’s agent presents to the
2person in possession of the vehicle, or any person acting on behalf
3of the person in possession, a copy of the assignment, as defined
4in subdivision (b) of Section 7500.1 of the Business and
5Professions Code; a release from the one responsible governmental
6agency, only if required by the agency; a government-issued
7photographic identification card; and any one of the following as
8determined by the legal owner or the legal owner’s agent: a
9certificate of repossession for the vehicle, a security agreement
10for the vehicle, or title, whether paper or electronic, showing proof
11of legal ownership for the vehicle. The person in possession of the
12vehicle, or any person acting on behalf of the person in possession,
13shall not require the presentation of any other documents.

14(C) All presented documents may be originals, photocopies, or
15facsimile copies, or may be transmitted electronically. The law
16enforcement agency, impounding agency, or any person in
17possession of the vehicle, or anyone acting on behalf of them, shall
18not require any documents to be notarized. The law enforcement
19agency, impounding agency, or any person acting on behalf of
20those agencies, may require the agent of the legal owner to produce
21a photocopy or facsimile copy of its repossession agency license
22or registration issued pursuant to Chapter 11 (commencing with
23Section 7500) of Division 3 of the Business and Professions Code,
24or to demonstrate, to the satisfaction of the law enforcement
25agency, impounding agency, or any person in possession of the
26vehicle, or anyone acting on behalf of them, that the agent is
27exempt from licensure pursuant to Section 7500.2 or 7500.3 of the
28Business and Professions Code.

29(D) An administrative cost authorized under subdivision (a) of
30Section 22850.5 shall not be charged to the legal owner of the type
31specified in paragraph (1) who redeems the vehicle unless the legal
32owner voluntarily requests a poststorage hearing. A city, county,
33city and county, or state agency shall not require a legal owner or
34a legal owner’s agent to request a poststorage hearing as a
35requirement for release of the vehicle to the legal owner or the
36legal owner’s agent. The law enforcement agency, impounding
37agency, or any other governmental agency, or any person acting
38on behalf of those agencies, shall not require any documents other
39than those specified in this paragraph. The law enforcement agency,
40impounding agency, or other governmental agency, or any person
P68   1acting on behalf of those agencies, may not require any documents
2to be notarized. The legal owner or the legal owner’s agent shall
3be given a copy of any documents he or she is required to sign,
4except for a vehicle evidentiary hold logbook. The law enforcement
5agency, impounding agency, or any person acting on behalf of
6those agencies, or any person in possession of the vehicle, may
7photocopy and retain the copies of any documents presented by
8the legal owner or legal owner’s agent.

9(4) A failure by a storage facility to comply with any applicable
10conditions set forth in this subdivision shall not affect the right of
11the legal owner or the legal owner’s agent to retrieve the vehicle,
12provided all conditions required of the legal owner or legal owner’s
13agent under this subdivision are satisfied.

14(f) (1) A legal owner or the legal owner’s agent that obtains
15release of the vehicle pursuant to subdivision (e) shall not release
16the vehicle to the registered owner of the vehicle or the person
17who was listed as the registered owner when the vehicle was
18impounded or any agents of the registered owner until the
19termination of the impoundment period.

20(2) The legal owner or the legal owner’s agent shall not
21relinquish the vehicle to the registered owner or the person who
22was listed as the registered owner when the vehicle was impounded
23until the registered owner or that owner’s agent presents his or her
24valid driver’s license or valid temporary driver’s license, and an
25operator’s permit that is in compliance with the requirements of
26Chapter 8.5 (commencing with Section 5451) of Division 2 of the
27Public Utilities Code or an ordinance of the City and County of
28San Francisco or its airport authority, to the legal owner or the
29legal owner’s agent. The legal owner or the legal owner’s agent
30or the person in possession of the vehicle shall make every
31reasonable effort to ensure that the license and permit presented
32are valid and possession of the vehicle will not be given to the
33driver who was involved in the original impoundment proceeding
34until the expiration of the impoundment period.

35(3) Prior to relinquishing the vehicle, the legal owner may
36require the registered owner to pay all towing and storage charges
37related to the impoundment and the administrative charges
38authorized under Section 22850.5 that were incurred by the legal
39owner in connection with obtaining the custody of the vehicle.

P69   1(4) Any legal owner who knowingly releases or causes the
2release of a vehicle to a registered owner or the person in
3possession of the vehicle at the time of the impoundment or any
4agent of the registered owner in violation of this subdivision shall
5be guilty of a misdemeanor and subject to a civil penalty in the
6amount of two thousand dollars ($2,000).

7(5) The legal owner, registered owner, or person in possession
8of the vehicle shall not change or attempt to change the name of
9the legal owner or the registered owner on the records of the
10department until the vehicle is released from the impoundment.

11(g) Notwithstanding any other provision of this section, the
12registered owner and not the legal owner shall remain responsible
13for any towing and storage charges related to the impoundment
14and the administrative charges authorized under Section 22850.5
15and any parking fines, penalties, and administrative fees incurred
16by the registered owner.

17(h) The law enforcement agency and the impounding agency,
18including any storage facility acting on behalf of the law
19enforcement agency or impounding agency, shall comply with this
20section and shall not be liable to the registered owner for the
21improper release of the vehicle to the legal owner or the legal
22owner’s agent if the release complies with this section. The legal
23owner shall indemnify and hold harmless a storage facility from
24any claims arising out of the release of the vehicle to the legal
25owner or the legal owner’s agent and from any damage to the
26vehicle after its release, including the reasonable costs associated
27with defending any such claims. A law enforcement agency shall
28not refuse to issue a release to a legal owner or the agent of a legal
29owner on the grounds that it previously issued a release.

end delete
begin delete
30

SEC. 19.  

Section 27908 of the Vehicle Code is amended to
31read:

32

27908.  

(a) In every taxicab operated in this state there shall
33be a sign of heavy material, not smaller than 6 inches by 4 inches,
34or such other size as the Public Utilities Commission, or other
35regulating agency pursuant to Section 5451.3 of the Public Utilities
36Code, provides for other notices or signs required to be in every
37taxicab, securely attached and clearly displayed in view of the
38passenger at all times, providing in letters as large as the size of
39the sign will reasonably allow, all of the following information:

P70   1(1) The name, address, and telephone number of the applicable
2unit of the Public Utilities Commission or other regulating agency
3 that regulates the operation of the taxicab.

4(2) The name, address, and telephone number of the taxicab
5carrier that has been issued a permit to provide taxicab
6transportation services by the Public Utilities Commission or other
7regulating agency.

8(b) As used in this section, “taxicab” means a passenger motor
9vehicle designed for carrying not more than eight persons,
10excluding the driver, and used to carry passengers for hire as part
11of taxicab transportation services regulated pursuant to Chapter
128.5 (commencing with Section 5451) of Division 2 of the Public
13Utilities Code or by another regulating agency pursuant to Section
145451.3 of the Public Utilities Code. “Taxicab” shall not include a
15charter-party carrier of passengers within the meaning of the
16Passenger Charter-party Carriers’ Act (Chapter 8 (commencing
17with Section 5351) of Division 2 of the Public Utilities Code).

end delete
18begin insert

begin insertSEC. 2end insertbegin insert0.end insert  

end insert

begin insertSection 120269 of the end insertbegin insertPublic Utilities Codeend insertbegin insert is
19amended to read:end insert

20

120269.  

(a) If the board licenses or regulates any transportation
21service, pursuant to Section 120266, or any passenger jitney
22service, pursuant to Section 120267, and the licensed or regulated
23service employs, or contracts with, any driver who (1) is not
24required to be tested for controlled substances and alcohol pursuant
25to Part 382 (commencing with Section 382.101) of Title 49 of the
26Code of Federal Regulations, paragraph (3) of subdivision (b) of
27Section 53075.5 of the Government Code, Section 1032.1 of this
28code, or Section 34520 of the Vehicle Code, and (2) is not
29exempted under Section 34520 of the Vehicle Code, the board
30shall adopt, by ordinance or resolution, a mandatory controlled
31substance and alcohol testing certification program for those
32drivers.

33(b) The program adopted pursuant to subdivision (a) shall meet
34substantially the requirements set forth in paragraph (3) of
35subdivision (b) of Section 53075.5 of the Government Code.

36(c) Evidence derived from a positive test result collected
37pursuant to the program adopted under subdivision (a) shall not
38be admissible in a criminal prosecution concerning unlawful
39possession, sale, or distribution of controlled substances.

begin insert

P71   1
(d) This section shall become inoperative on July 1, 2017, and,
2as of January 1, 2018, is repealed, unless a later enacted statute,
3that becomes operative on or before January 1, 2018, deletes or
4extends the dates on which it becomes inoperative and is repealed.

end insert
5begin insert

begin insertSEC. 2end insertbegin insert1.end insert  

end insert

begin insertSection 120269 is added to the end insertbegin insertPublic Utilities Codeend insertbegin insert,
6to read:end insert

begin insert
7

begin insert120269.end insert  

(a) If the board licenses or regulates any
8transportation service, pursuant to Section 120266, or any
9passenger jitney service, pursuant to Section 120267, and the
10licensed or regulated service employs, or contracts with, any driver
11who (1) is not required to be tested for controlled substances and
12alcohol pursuant to Part 382 (commencing with Section 382.101)
13of Title 49 of the Code of Federal Regulations, Section 1032.1 or
145457.4 of this code, or Section 34520 of the Vehicle Code and (2)
15is not exempted under Section 34520 of the Vehicle Code, the
16board shall adopt, by ordinance or resolution, a mandatory
17controlled substance and alcohol testing certification program for
18those 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 June 30, 2017.

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
(d) This section shall become operative on July 1, 2017.

end insert
28begin insert

begin insertSEC. 22.end insert  

end insert

begin insertSection 1808.1 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to
29read:end insert

30

1808.1.  

(a) The prospective employer of a driver who drives
31a vehicle specified in subdivision (k) shall obtain a report showing
32the driver’s current public record as recorded by the department.
33For purposes of this subdivision, a report is current if it was issued
34less than 30 days prior to the date the employer employs the driver.
35The report shall be reviewed, signed, and dated by the employer
36and maintained at the employer’s place of business until receipt
37of the pull-notice system report pursuant to subdivisions (b) and
38(c). These reports shall be presented upon request to an authorized
39representative of the Department of the California Highway Patrol
40during regular business hours.

P72   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
P73   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.

P74   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, or 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.

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

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

33(n) Reports issued pursuant to this section, but only those for a
34driver of a taxicab engaged in transportation services as described
35in subdivision (a) of Section 53075.5 of the Government Code,
36shall be presented upon request, during regular business hours, to
37an authorized representative of the administrative agency
38responsible for issuing permits to taxicab transportation services
39pursuant to Section 53075.5 of the Government Code.

begin insert

P75   1
(o) This section shall become inoperative on July 1, 2017, and,
2as of January 1, 2018, is repealed, unless a later enacted statute,
3that becomes operative on or before January 1, 2018, deletes or
4extends the dates on which it becomes inoperative and is repealed.

end insert
5begin insert

begin insertSEC. 23.end insert  

end insert

begin insertSection 1808.1 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to read:end insert

begin insert
6

begin insert1808.1.end insert  

(a) The prospective employer of a driver who drives
7a vehicle specified in subdivision (k) shall obtain a report showing
8the driver’s current public record as recorded by the department.
9For purposes of this subdivision, a report is current if it was issued
10less than 30 days prior to the date the employer employs the driver.
11The report shall be reviewed, signed, and dated by the employer
12and maintained at the employer’s place of business until receipt
13of the pull-notice system report pursuant to subdivisions (b) and
14(c). These reports shall be presented upon request to an authorized
15representative of the Department of the California Highway Patrol
16during regular business hours.

17
(b) The employer of a driver who drives a vehicle specified in
18 subdivision (k) shall participate in a pull-notice system, which is
19a process for the purpose of providing the employer with a report
20showing the driver’s current public record as recorded by the
21department, and any subsequent convictions, failures to appear,
22accidents, driver’s license suspensions, driver’s license
23revocations, or any other actions taken against the driving privilege
24or certificate, added to the driver’s record while the employer’s
25notification request remains valid and uncanceled. As used in this
26section, participation in the pull-notice system means obtaining a
27requester code and enrolling all employed drivers who drive a
28vehicle specified in subdivision (k) under that requester code.

29
(c) The employer of a driver of a vehicle specified in subdivision
30(k) shall, additionally, obtain a periodic report from the department
31at least every 12 months. The employer shall verify that each
32employee’s driver’s license has not been suspended or revoked,
33the employee’s traffic violation point count, and whether the
34employee has been convicted of a violation of Section 23152 or
3523153. The report shall be signed and dated by the employer and
36maintained at the employer’s principal place of business. The
37report shall be presented upon demand to an authorized
38representative of the Department of the California Highway Patrol
39during regular business hours.

P76   1
(d) Upon the termination of a driver’s employment, the employer
2shall notify the department to discontinue the driver’s enrollment
3in the pull-notice system.

4
(e) For the purposes of the pull-notice system and periodic
5report process required by subdivisions (b) and (c), an owner,
6other than an owner-operator as defined in Section 34624, and
7an employer who drives a vehicle described in subdivision (k) shall
8be enrolled as if he or she were an employee. A family member
9and a volunteer driver who drives a vehicle described in
10subdivision (k) shall also be enrolled as if he or she were an
11employee.

12
(f) An employer who, after receiving a driving record pursuant
13to this section, employs or continues to employ as a driver a person
14against whom a disqualifying action has been taken regarding his
15or her driving privilege or required driver’s certificate, is guilty
16of a public offense, and upon conviction thereof, shall be punished
17by confinement in a county jail for not more than six months, by
18a fine of not more than one thousand dollars ($1,000), or by both
19that confinement and fine.

20
(g) As part of its inspection of bus maintenance facilities and
21terminals required at least once every 13 months pursuant to
22subdivision (c) of Section 34501, the Department of the California
23Highway Patrol shall determine whether each transit operator,
24as defined in Section 99210 of the Public Utilities Code, is then
25in compliance with this section and Section 12804.6, and shall
26certify each operator found to be in compliance. Funds shall not
27be allocated pursuant to Chapter 4 (commencing with Section
2899200) of Part 11 of Division 10 of the Public Utilities Code to a
29transit operator that the Department of the California Highway
30Patrol has not certified pursuant to this section.

31
(h) (1) A request to participate in the pull-notice system
32established by this section shall be accompanied by a fee
33determined by the department to be sufficient to defray the entire
34actual cost to the department for the notification service. For the
35receipt of subsequent reports, the employer shall also be charged
36a fee established by the department pursuant to Section 1811. An
37employer who qualifies pursuant to Section 1812 shall be exempt
38from any fee required pursuant to this section. Failure to pay the
39fee shall result in automatic cancellation of the employer’s
40participation in the notification services.

P77   1
(2) A regularly organized fire department, having official
2recognition of the city, county, city and county, or district in which
3the department is located, shall participate in the pull-notice
4program and shall not be subject to the fee established pursuant
5to this subdivision.

6
(3) The Board of Pilot Commissioners for Monterey Bay and
7the Bays of San Francisco, San Pablo, and Suisun, and its port
8agent shall participate in the pull-notice system established by this
9section, subject to Section 1178.5 of the Harbors and Navigation
10Code, and shall not be subject to the fees established pursuant to
11this subdivision.

12
(i) The department, as soon as feasible, may establish an
13automatic procedure to provide the periodic reports to an employer
14by mail or via an electronic delivery method, as required by
15subdivision (c), on a regular basis without the need for individual
16requests.

17
(j) (1) The employer of a driver who is employed as a casual
18driver is not required to enter that driver’s name in the pull-notice
19system, as otherwise required by subdivision (a). However, the
20employer of a casual driver shall be in possession of a report of
21the driver’s current public record as recorded by the department,
22prior to allowing a casual driver to drive a vehicle specified in
23subdivision (k). A report is current if it was issued less than six
24months prior to the date the employer employs the driver.

25
(2) For the purposes of this subdivision, a driver is employed
26as a casual driver when the employer has employed the driver less
27than 30 days during the preceding six months. “Casual driver”
28does not include a driver who operates a vehicle that requires a
29passenger transportation endorsement.

30
(k) This section applies to a vehicle for the operation of which
31the driver is required to have a class A or class B driver’s license,
32a class C driver’s license with any endorsement issued pursuant
33to Section 15278, a class C driver’s license issued pursuant to
34Section 12814.7, a certificate issued pursuant to Section 12517,
3512519, 12520, 12523, 12523.5, or 12527, a passenger vehicle
36having a seating capacity of not more than 10 persons, including
37the driver, operated for compensation by a charter-party carrier
38of passengers or passenger stage corporation pursuant to a
39certificate of public convenience and necessity or a permit issued
P78   1by the Public Utilities Commission, or a taxicab as defined in
2subdivision (b) of Section 27908.

3
(l) This section shall not be construed to change the definition
4of “employer,” “employee,” or “independent contractor” for any
5purpose.

6
(m) A motor carrier who contracts with a person to drive a
7vehicle described in subdivision (k) that is owned by, or leased to,
8that motor carrier, shall be subject to subdivisions (a), (b), (c),
9(d), (f), (j), (k), and (l) and the employer obligations in those
10subdivisions.

11
(n) This section shall become operative on July 1, 2017.

end insert
12begin insert

begin insertSEC. 24.end insert  

end insert

begin insertSection 12523.6 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to
13read:end insert

14

12523.6.  

(a) (1) On and after March 1, 1998, no person who
15is employed primarily as a driver of a motor vehicle that is used
16for the transportation of persons with developmental disabilities,
17as defined in subdivision (a) of Section 4512 of the Welfare and
18Institutions Code, shall operate that motor vehicle unless that
19person has in his or her possession a valid driver’s license of the
20appropriate class and a valid special driver certificate issued by
21the department.

22(2) This subdivision only applies to a person who is employed
23by a business, a nonprofit organization, or a state or local public
24agency.

25(b) The special driver certificate shall be issued only to an
26applicant who has cleared a criminal history background check by
27the Department of Justice and, if applicable, by the Federal Bureau
28of Investigation.

29(1) In order to determine the applicant’s suitability as the driver
30of a vehicle used for the transportation of persons with
31developmental disabilities, the Department of the California
32Highway Patrol shall require the applicant to furnish to that
33department, on a form provided or approved by that department
34for submission to the Department of Justice, a full set of
35fingerprints sufficient to enable a criminal background
36investigation.

37(2) Except as provided in paragraph (3), an applicant shall
38furnish to the Department of the California Highway Patrol
39evidence of having resided in this state for seven consecutive years
40immediately prior to the date of application for the certificate.

P79   1(3) If an applicant is unable to furnish the evidence required
2under paragraph (2), the Department of the California Highway
3Patrol shall require the applicant to furnish an additional full set
4of fingerprints. That department shall submit those fingerprint
5cards to the Department of Justice. The Department of Justice
6shall, in turn, submit the additional full set of fingerprints required
7under this paragraph to the Federal Bureau of Investigation for a
8national criminal history record check.

9(4) Applicant fingerprint forms shall be processed and returned
10to the area office of the Department of the California Highway
11Patrol from which they originated not later than 15 working days
12from the date on which the fingerprint forms were received by the
13Department of Justice, unless circumstances, other than the
14administrative duties of the Department of Justice, warrant further
15 investigation. Upon implementation of an electronic fingerprinting
16system with terminals located statewide and managed by the
17Department of Justice, the Department of Justice shall ascertain
18the information required pursuant to this subdivision within three
19working days.

20(5) The applicant shall pay, in addition to the fees authorized
21in Section 2427, a fee of twenty-five dollars ($25) for an original
22certificate and twelve dollars ($12) for the renewal of that
23certificate to the Department of the California Highway Patrol.

24(c) A certificate issued under this section shall not be deemed
25a certification to operate a particular vehicle that otherwise requires
26a driver’s license or endorsement for a particular class under this
27code.

28(d) On or after March 1, 1998, no person who operates a
29business or a nonprofit organization or agency shall employ a
30person who is employed primarily as a driver of a motor vehicle
31for hire that is used for the transportation of persons with
32developmental disabilities unless the employed person operates
33the motor vehicle in compliance with subdivision (a).

34(e) Nothing in this section precludes an employer of persons
35who are occasionally used as drivers of motor vehicles for the
36transportation of persons with developmental disabilities from
37requiring those persons, as a condition of employment, to obtain
38a special driver certificate pursuant to this section or precludes any
39volunteer driver from applying for a special driver certificate.

P80   1(f) As used in this section, a person is employed primarily as
2driver if that person performs at least 50 percent of his or her time
3worked including, but not limited to, time spent assisting persons
4onto and out of the vehicle, or at least 20 hours a week, whichever
5is less, as a compensated driver of a motor vehicle for hire for the
6transportation of persons with developmental disabilities.

7(g) This section does not apply to any person who has
8successfully completed a background investigation prescribed by
9law, including, but not limited to, health care transport vehicle
10operators, or to the operator of a taxicab regulated pursuant to
11Section 21100. This section does not apply to a person who holds
12a valid certificate, other than a farm labor vehicle driver certificate,
13issued under Section 12517.4 or 12527. This section does not apply
14to a driver who provides transportation on a noncommercial basis
15to persons with developmental disabilities.

begin insert

16
(h) This section shall become inoperative on July 1, 2017, and,
17as of January 1, 2018, is repealed, unless a later enacted statute,
18that becomes operative on or before January 1, 2018, deletes or
19extends the dates on which it becomes inoperative and is repealed.

end insert
20begin insert

begin insertSEC. 25.end insert  

end insert

begin insertSection 12523.6 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to
21read:end insert

begin insert
22

begin insert12523.6.end insert  

(a) (1) On and after March 1, 1998, no person who
23is employed primarily as a driver of a motor vehicle that is used
24for the transportation of persons with developmental disabilities,
25as defined in subdivision (a) of Section 4512 of the Welfare and
26Institutions Code, shall operate that motor vehicle unless that
27person has in his or her possession a valid driver’s license of the
28appropriate class and a valid special driver certificate issued by
29the department.

30
(2) This subdivision only applies to a person who is employed
31by a business, a nonprofit organization, or a state or local public
32agency.

33
(b) The special driver certificate shall be issued only to an
34 applicant who has cleared a criminal history background check
35by the Department of Justice and, if applicable, by the Federal
36Bureau of Investigation.

37
(1) In order to determine the applicant’s suitability as the driver
38of a vehicle used for the transportation of persons with
39developmental disabilities, the Department of the California
40Highway Patrol shall require the applicant to furnish to that
P81   1department, on a form provided or approved by that department
2for submission to the Department of Justice, a full set of
3fingerprints sufficient to enable a criminal background
4investigation.

5
(2) Except as provided in paragraph (3), an applicant shall
6furnish to the Department of the California Highway Patrol
7evidence of having resided in this state for seven consecutive years
8immediately prior to the date of application for the certificate.

9
(3) If an applicant is unable to furnish the evidence required
10under paragraph (2), the Department of the California Highway
11Patrol shall require the applicant to furnish an additional full set
12of fingerprints. That department shall submit those fingerprint
13cards to the Department of Justice. The Department of Justice
14shall, in turn, submit the additional full set of fingerprints required
15under this paragraph to the Federal Bureau of Investigation for
16a national criminal history record check.

17
(4) Applicant fingerprint forms shall be processed and returned
18to the area office of the Department of the California Highway
19Patrol from which they originated not later than 15 working days
20from the date on which the fingerprint forms were received by the
21Department of Justice, unless circumstances, other than the
22administrative duties of the Department of Justice, warrant further
23investigation. Upon implementation of an electronic fingerprinting
24system with terminals located statewide and managed by the
25Department of Justice, the Department of Justice shall ascertain
26the information required pursuant to this subdivision within three
27working days.

28
(5) The applicant shall pay, in addition to the fees authorized
29in Section 2427, a fee of twenty-five dollars ($25) for an original
30certificate and twelve dollars ($12) for the renewal of that
31certificate to the Department of the California Highway Patrol.

32
(c) A certificate issued under this section shall not be deemed
33a certification to operate a particular vehicle that otherwise
34requires a driver’s license or endorsement for a particular class
35under this code.

36
(d) On or after March 1, 1998, no person who operates a
37business or a nonprofit organization or agency shall employ a
38person who is employed primarily as a driver of a motor vehicle
39for hire that is used for the transportation of persons with
P82   1developmental disabilities unless the employed person operates
2the motor vehicle in compliance with subdivision (a).

3
(e) Nothing in this section precludes an employer of persons
4who are occasionally used as drivers of motor vehicles for the
5transportation of persons with developmental disabilities from
6requiring those persons, as a condition of employment, to obtain
7a special driver certificate pursuant to this section or precludes
8any volunteer driver from applying for a special driver certificate.

9
(f) As used in this section, a person is employed primarily as
10driver if that person performs at least 50 percent of his or her time
11worked including, but not limited to, time spent assisting persons
12onto and out of the vehicle, or at least 20 hours a week, whichever
13is less, as a compensated driver of a motor vehicle for hire for the
14transportation of persons with developmental disabilities.

15
(g) This section does not apply to any person who has
16successfully completed a background investigation prescribed by
17law, including, but not limited to, health care transport vehicle
18operators, or to the operator of a taxicab regulated pursuant to
19Chapter 8.5 (commencing with Section 5451) of Division 2 of the
20Public Utilities Code. This section does not apply to a person who
21holds a valid certificate, other than a farm labor vehicle driver
22certificate, issued under Section 12517.4 or 12527. This section
23does not apply to a driver who provides transportation on a
24noncommercial basis to persons with developmental disabilities.

25
(h) This section shall become operative on July 1, 2017.

end insert
26begin insert

begin insertSEC. 26.end insert  

end insert

begin insertSection 21100 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to
27read:end insert

28

21100.  

Local authorities may adopt rules and regulations by
29ordinance or resolution regarding all of the following matters:

30(a) Regulating or prohibiting processions or assemblages on the
31highways.

32(b) Licensing and regulating the operation of vehicles for hire
33and drivers of passenger vehicles for hire.

34(c) Regulating traffic by means of traffic officers.

35(d) Regulating traffic by means of official traffic control devices
36meeting the requirements of Section 21400.

37(e) (1) Regulating traffic by means of a person given temporary
38or permanent appointment for that duty by the local authority when
39official traffic control devices are disabled or otherwise inoperable,
P83   1at the scenes of accidents or disasters, or at locations as may require
2traffic direction for orderly traffic flow.

3(2) A person shall not be appointed pursuant to this subdivision
4unless and until the local authority has submitted to the
5commissioner or to the chief law enforcement officer exercising
6jurisdiction in the enforcement of traffic laws within the area in
7which the person is to perform the duty, for review, a proposed
8program of instruction for the training of a person for that duty,
9and unless and until the commissioner or other chief law
10enforcement officer approves the proposed program. The
11commissioner or other chief law enforcement officer shall approve
12a proposed program if he or she reasonably determines that the
13program will provide sufficient training for persons assigned to
14perform the duty described in this subdivision.

15(f) Regulating traffic at the site of road or street construction or
16maintenance by persons authorized for that duty by the local
17authority.

18(g) (1) Licensing and regulating the operation of tow truck
19service or tow truck drivers whose principal place of business or
20employment is within the jurisdiction of the local authority,
21excepting the operation and operators of any auto dismantlers’ tow
22vehicle licensed under Section 11505 or any tow truck operated
23by a repossessing agency licensed under Chapter 11 (commencing
24with Section 7500) of Division 3 of the Business and Professions
25Code and its registered employees.

26(2) The Legislature finds that the safety and welfare of the
27general public is promoted by permitting local authorities to
28regulate tow truck service companies and operators by requiring
29licensure, insurance, and proper training in the safe operation of
30towing equipment, thereby ensuring against towing mistakes that
31may lead to violent confrontation, stranding motorists in dangerous
32situations, impeding the expedited vehicle recovery, and wasting
33state and local law enforcement’s limited resources.

34(3) This subdivision does not limit the authority of a city or city
35and county pursuant to Section 12111.

36(h) Operation of bicycles, and, as specified in Section 21114.5,
37electric carts by physically disabled persons, or persons 50 years
38of age or older, on public sidewalks.

39(i) Providing for the appointment of nonstudent school crossing
40guards for the protection of persons who are crossing a street or
P84   1highway in the vicinity of a school or while returning thereafter
2to a place of safety.

3(j) Regulating the methods of deposit of garbage and refuse in
4streets and highways for collection by the local authority or by
5any person authorized by the local authority.

6(k) (1) Regulating cruising.

7(2) The ordinance or resolution adopted pursuant to this
8subdivision shall regulate cruising, which is the repetitive driving
9of a motor vehicle past a traffic control point in traffic that is
10congested at or near the traffic control point, as determined by the
11ranking peace officer on duty within the affected area, within a
12specified time period and after the vehicle operator has been given
13an adequate written notice that further driving past the control
14point will be a violation of the ordinance or resolution.

15(3) A person is not in violation of an ordinance or resolution
16adopted pursuant to this subdivision unless both of the following
17apply:

18(A) That person has been given the written notice on a previous
19driving trip past the control point and then again passes the control
20point in that same time interval.

21(B) The beginning and end of the portion of the street subject
22to cruising controls are clearly identified by signs that briefly and
23clearly state the appropriate provisions of this subdivision and the
24local ordinance or resolution on cruising.

25(l) Regulating or authorizing the removal by peace officers of
26vehicles unlawfully parked in a fire lane, as described in Section
2722500.1, on private property. A removal pursuant to this
28subdivision shall be consistent, to the extent possible, with the
29procedures for removal and storage set forth in Chapter 10
30(commencing with Section 22650).

31(m) Regulating mobile billboard advertising displays, as defined
32in Section 395.5, including the establishment of penalties, which
33may include, but are not limited to, removal of the mobile billboard
34advertising display, civil penalties, and misdemeanor criminal
35penalties, for a violation of the ordinance or resolution. The
36ordinance or resolution may establish a minimum distance that a
37mobile billboard advertising display shall be moved after a
38specified time period.

P85   1(n)begin insertend insert Licensing and regulating the operation of pedicabs for hire,
2as defined in Section 467.5, and operators of pedicabs for hire,
3including requiring one or more of the following documents:

4(1) A valid California driver’s license.

5(2) Proof of successful completion of a bicycle safety training
6course certified by the League of American Bicyclists or an
7equivalent organization as determined by the local authority.

8(3) A valid California identification card and proof of successful
9completion of the written portion of the California driver’s license
10examination administered by the department. The department shall
11administer, without charging a fee, the original driver’s license
12written examination on traffic laws and signs to a person who
13states that he or she is, or intends to become, a pedicab operator,
14and who holds a valid California identification card or has
15successfully completed an application for a California identification
16card. If the person achieves a passing score on the examination,
17the department shall issue a certificate of successful completion
18of the examination, bearing the person’s name and identification
19card number. The certificate shall not serve in lieu of successful
20completion of the required examination administered as part of
21any subsequent application for a driver’s license. The department
22is not required to enter the results of the examination into the
23computerized record of the person’s identification card or otherwise
24retain a record of the examination or results.

25(o) (1) This section does not authorize a local authority to enact
26or enforce an ordinance or resolution that establishes a violation
27if a violation for the same or similar conduct is provided in this
28code, nor does it authorize a local authority to enact or enforce an
29ordinance or resolution that assesses a fine, penalty, assessment,
30or fee for a violation if a fine, penalty, assessment, or fee for a
31violation involving the same or similar conduct is provided in this
32code.

33(2) This section does not preclude a local authority from enacting
34parking ordinances pursuant to existing authority in Chapter 9
35(commencing with Section 22500) of Division 11.

36(p) (1) Regulating advertising signs on motor vehicles parked
37or left standing upon a public street. The ordinance or resolution
38may establish a minimum distance that the advertising sign shall
39be moved after a specified time period.

40(2) Paragraph (1) does not apply to any of the following:

P86   1(A) Advertising signs that are permanently affixed to the body
2of, an integral part of, or a fixture of a motor vehicle for permanent
3decoration, identification, or display and that do not extend beyond
4the overall length, width, or height of the vehicle.

5(B) If the license plate frame is installed in compliance with
6Section 5201, paper advertisements issued by a dealer contained
7within that license plate frame or any advertisements on that license
8plate frame.

9(3) As used in paragraph (2), “permanently affixed” means any
10of the following:

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

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

13(C) Placed in a location on the body of a motor vehicle that was
14specifically designed by a vehicle manufacturer as defined in
15Section 672 and licensed pursuant to Section 11701, in compliance
16with both state and federal law or guidelines, for the express
17purpose of containing an advertising sign.

begin insert

18
(q) This section shall become inoperative on July 1, 2017, and,
19as of January 1, 2018, is repealed, unless a later enacted statute,
20that becomes operative on or before January 1, 2018, deletes or
21extends the dates on which it becomes inoperative and is repealed.

end insert
22begin insert

begin insertSEC. 27.end insert  

end insert

begin insertSection 21100 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to read:end insert

begin insert
23

begin insert21100.end insert  

Local authorities may adopt rules and regulations by
24ordinance or resolution regarding all of the following matters:

25
(a) Regulating or prohibiting processions or assemblages on
26the highways.

27
(b) Regulating the operation of taxicabs through the issuance
28of a curbside operations permit, pursuant to Section 53075.5 of
29the Government Code, in a manner consistent with Chapter 8.5
30(commencing with Section 5451) of Division 2 of the Public
31Utilities Code, or licensing and regulating the operation of taxicabs
32originating in the City and County of San Francisco or at the San
33Francisco International Airport, as provided in Section 5451.3 of
34the Public Utilities Code.

35
(c) Regulating traffic by means of traffic officers.

36
(d) Regulating traffic by means of official traffic control devices
37meeting the requirements of Section 21400.

38
(e) (1) Regulating traffic by means of a person given temporary
39or permanent appointment for that duty by the local authority when
40official traffic control devices are disabled or otherwise inoperable,
P87   1at the scenes of accidents or disasters, or at locations as may
2require traffic direction for orderly traffic flow.

3
(2) A person shall not be appointed pursuant to this subdivision
4unless and until the local authority has submitted to the
5commissioner or to the chief law enforcement officer exercising
6jurisdiction in the enforcement of traffic laws within the area in
7which the person is to perform the duty, for review, a proposed
8program of instruction for the training of a person for that duty,
9and unless and until the commissioner or other chief law
10enforcement officer approves the proposed program. The
11commissioner or other chief law enforcement officer shall approve
12a proposed program if he or she reasonably determines that the
13program will provide sufficient training for persons assigned to
14perform the duty described in this subdivision.

15
(f) Regulating traffic at the site of road or street construction
16or maintenance by persons authorized for that duty by the local
17authority.

18
(g) (1) Licensing and regulating the operation of tow truck
19service or tow truck drivers whose principal place of business or
20employment is within the jurisdiction of the local authority,
21excepting the operation and operators of any auto dismantlers’
22tow vehicle licensed under Section 11505 or any tow truck operated
23by a repossessing agency licensed under Chapter 11 (commencing
24with Section 7500) of Division 3 of the Business and Professions
25Code and its registered employees.

26
(2) The Legislature finds that the safety and welfare of the
27general public is promoted by permitting local authorities to
28regulate tow truck service companies and operators by requiring
29licensure, insurance, and proper training in the safe operation of
30towing equipment, thereby ensuring against towing mistakes that
31may lead to violent confrontation, stranding motorists in dangerous
32situations, impeding the expedited vehicle recovery, and wasting
33state and local law enforcement’s limited resources.

34
(3) This subdivision does not limit the authority of a city or city
35and county pursuant to Section 12111.

36
(h) Operation of bicycles, and, as specified in Section 21114.5,
37electric carts by physically disabled persons, or persons 50 years
38of age or older, on public sidewalks.

39
(i) Providing for the appointment of nonstudent school crossing
40guards for the protection of persons who are crossing a street or
P88   1highway in the vicinity of a school or while returning thereafter
2to a place of safety.

3
(j) Regulating the methods of deposit of garbage and refuse in
4streets and highways for collection by the local authority or by
5any person authorized by the local authority.

6
(k) (1) Regulating cruising.

7
(2) The ordinance or resolution adopted pursuant to this
8subdivision shall regulate cruising, which is the repetitive driving
9of a motor vehicle past a traffic control point in traffic that is
10congested at or near the traffic control point, as determined by
11the ranking peace officer on duty within the affected area, within
12a specified time period and after the vehicle operator has been
13given an adequate written notice that further driving past the
14control point will be a violation of the ordinance or resolution.

15
(3) A person is not in violation of an ordinance or resolution
16adopted pursuant to this subdivision unless both of the following
17apply:

18
(A) That person has been given the written notice on a previous
19driving trip past the control point and then again passes the control
20point in that same time interval.

21
(B) The beginning and end of the portion of the street subject
22to cruising controls are clearly identified by signs that briefly and
23clearly state the appropriate provisions of this subdivision and the
24local ordinance or resolution on cruising.

25
(l) Regulating or authorizing the removal by peace officers of
26vehicles unlawfully parked in a fire lane, as described in Section
2722500.1, on private property. A removal pursuant to this
28subdivision shall be consistent, to the extent possible, with the
29procedures for removal and storage set forth in Chapter 10
30(commencing with Section 22650).

31
(m) Regulating mobile billboard advertising displays, as defined
32in Section 395.5, including the establishment of penalties, which
33may include, but are not limited to, removal of the mobile billboard
34advertising display, civil penalties, and misdemeanor criminal
35penalties, for a violation of the ordinance or resolution. The
36ordinance or resolution may establish a minimum distance that a
37mobile billboard advertising display shall be moved after a
38specified time period.

P89   1
(n) Licensing and regulating the operation of pedicabs for hire,
2as defined in Section 467.5, and operators of pedicabs for hire,
3including requiring one or more of the following documents:

4
(1) A valid California driver’s license.

5
(2) Proof of successful completion of a bicycle safety training
6course certified by the League of American Bicyclists or an
7equivalent organization as determined by the local authority.

8
(3) A valid California identification card and proof of successful
9completion of the written portion of the California driver’s license
10examination administered by the department. The department shall
11administer, without charging a fee, the original driver’s license
12written examination on traffic laws and signs to a person who
13states that he or she is, or intends to become, a pedicab operator,
14and who holds a valid California identification card or has
15successfully completed an application for a California
16identification card. If the person achieves a passing score on the
17examination, the department shall issue a certificate of successful
18completion of the examination, bearing the person’s name and
19identification card number. The certificate shall not serve in lieu
20of successful completion of the required examination administered
21as part of any subsequent application for a driver’s license. The
22department is not required to enter the results of the examination
23into the computerized record of the person’s identification card
24or otherwise retain a record of the examination or results.

25
(o) (1) This section does not authorize a local authority to enact
26or enforce an ordinance or resolution that establishes a violation
27if a violation for the same or similar conduct is provided in this
28code, nor does it authorize a local authority to enact or enforce
29an ordinance or resolution that assesses a fine, penalty, assessment,
30or fee for a violation if a fine, penalty, assessment, or fee for a
31violation involving the same or similar conduct is provided in this
32code.

33
(2) This section does not preclude a local authority from
34enacting parking ordinances pursuant to existing authority in
35Chapter 9 (commencing with Section 22500) of Division 11.

36
(p) (1) Regulating advertising signs on motor vehicles parked
37or left standing upon a public street. The ordinance or resolution
38may establish a minimum distance that the advertising sign shall
39be moved after a specified time period.

40
(2) Paragraph (1) does not apply to any of the following:

P90   1
(A) Advertising signs that are permanently affixed to the body
2of, an integral part of, or a fixture of a motor vehicle for permanent
3decoration, identification, or display and that do not extend beyond
4the overall length, width, or height of the vehicle.

5
(B) If the license plate frame is installed in compliance with
6Section 5201, paper advertisements issued by a dealer contained
7within that license plate frame or any advertisements on that
8license plate frame.

9
(3) As used in paragraph (2), “permanently affixed” means any
10of the following:

11
(A) Painted directly on the body of a motor vehicle.

12
(B) Applied as a decal on the body of a motor vehicle.

13
(C) Placed in a location on the body of a motor vehicle that was
14specifically designed by a vehicle manufacturer as defined in
15Section 672 and licensed pursuant to Section 11701, in compliance
16with both state and federal law or guidelines, for the express
17purpose of containing an advertising sign.

18
(q) This section shall become operative on July 1, 2017.

end insert
19begin insert

begin insertSEC. 28.end insert  

end insert

begin insertSection 21100.4 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to
20read:end insert

21

21100.4.  

(a) (1) A magistrate presented with the affidavit of
22a peace officer or a designated local transportation officer
23establishing reasonable cause to believe that a vehicle, described
24by vehicle type and license number, is being operated as a taxicab
25or other passenger vehicle for hire in violation of licensing
26requirements adopted by a local authority under subdivision (b)
27of Section 21100 shall issue a warrant or order authorizing the
28peace officer or designated local transportation officer to
29immediately seize and cause the removal of the vehicle. As used
30in this section, “designated local transportation officer” means any
31local public officer employed by a local authority to investigate
32and enforce local taxicab and vehicle for hire laws and regulations.

33(2) The warrant or court order may be entered into a
34computerized database.

35(3) A vehicle so impounded may be impounded for a period not
36to exceed 30 days.

37(4) The impounding agency, within two working days of
38impoundment, shall send a notice by certified mail, return receipt
39requested, to the legal owner of the vehicle, at an address obtained
40from the department, informing the owner that the vehicle has
P91   1been impounded and providing the owner with a copy of the
2warrant or court order. Failure to notify the legal owner within
3two working days shall prohibit the impounding agency from
4charging for more than 15 days’ impoundment when a legal owner
5redeems the impounded vehicle. The law enforcement agency shall
6be open to issue a release to the registered owner or legal owner,
7or the agent of either, whenever the agency is open to serve the
8public for regular, nonemergency business.

9(b) (1) An impounding agency shall release a vehicle to the
10registered owner or his or her agent prior to the end of the
11impoundment period and without the permission of the magistrate
12authorizing the vehicle’s seizure under any of the following
13circumstances:

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

15(B) When the vehicle was seized under this section for an
16offense that does not authorize the seizure of the vehicle.

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

18(2) A vehicle may not be released under this subdivision, except
19upon presentation of the registered owner’s or agent’s currently
20valid license to operate the vehicle under the licensing requirements
21adopted by the local authority under subdivision (b) of Section
2221100, and proof of current vehicle registration, or upon order of
23the court.

24(c) (1) Whenever a vehicle is impounded under this section,
25the magistrate ordering the storage shall provide the vehicle’s
26registered and legal owners of record, or their agents, with the
27opportunity for a poststorage hearing to determine the validity of
28the storage.

29(2) A notice of the storage shall be mailed or personally
30delivered to the registered and legal owners within 48 hours after
31issuance of the warrant or court order, excluding weekends and
32holidays, by the person or agency executing the warrant or court
33order, and shall include all of the following information:

34(A) The name, address, and telephone number of the agency
35providing the notice.

36(B) The location of the place of storage and a description of the
37vehicle, which shall include, if available, the name or make, the
38manufacturer, the license plate number, and the mileage of the
39vehicle.

P92   1(C) A copy of the warrant or court order and the peace officer’s
2affidavit, as described in subdivision (a).

3(D) A statement that, in order to receive their poststorage
4hearing, the owners, or their agents, are required to request the
5hearing from the magistrate issuing the warrant or court order in
6person, in writing, or by telephone, within 10 days of the date of
7the notice.

8(3) The poststorage hearing shall be conducted within two court
9days after receipt of the request for the hearing.

10(4) At the hearing, the magistrate may order the vehicle released
11if he or she finds any of the circumstances described in subdivision
12(b) or (e) that allow release of a vehicle by the impounding agency.

13(5) Failure of either the registered or legal owner, or his or her
14agent, to request, or to attend, a scheduled hearing satisfies the
15poststorage hearing requirement.

16(6) The agency employing the peace officer or designated local
17transportation officer who caused the magistrate to issue the
18warrant or court order shall be responsible for the costs incurred
19for towing and storage if it is determined in the poststorage hearing
20that reasonable grounds for the storage are not established.

21(d) The registered owner or his or her agent is responsible for
22all towing and storage charges related to the impoundment, and
23any administrative charges authorized under Section 22850.5.

24(e) A vehicle removed and seized under subdivision (a) shall
25be released to the legal owner of the vehicle or the legal owner’s
26agent prior to the end of the impoundment period and without the
27permission of the magistrate authorizing the seizure of the vehicle
28if all of the following conditions are met:

29(1) The legal owner is a motor vehicle dealer, bank, credit union,
30acceptance corporation, or other licensed financial institution
31legally operating in this state or is another person, not the registered
32owner, holding a security interest in the vehicle.

33(2) (A) The legal owner or the legal owner’s agent pays all
34towing and storage fees related to the seizure of the vehicle. A lien
35sale processing fee shall not be charged to the legal owner who
36redeems the vehicle prior to the 15th day of impoundment. Neither
37the impounding authority nor any person having possession of the
38vehicle shall collect from the legal owner of the type specified in
39paragraph (1), or the legal owner’s agent, any administrative
P93   1charges imposed pursuant to Section 22850.5 unless the legal
2owner voluntarily requested a poststorage hearing.

3(B) A person operating or in charge of a storage facility where
4vehicles are stored pursuant to this section shall accept a valid
5bank credit card or cash for payment of towing, storage, and related
6fees by a legal or registered owner or the owner’s agent claiming
7the vehicle. A credit card shall be in the name of the person
8presenting the card. “Credit card” means “credit card” as defined
9in subdivision (a) of Section 1747.02 of the Civil Code, except,
10for the purposes of this section, credit card does not include a credit
11card issued by a retail seller.

12(C) A person operating or in charge of a storage facility
13described in subparagraph (B) who violates subparagraph (B) shall
14be civilly liable to the owner of the vehicle or to the person who
15tendered the fees for four times the amount of the towing, storage,
16and related fees, but not to exceed five hundred dollars ($500).

17(D) A person operating or in charge of a storage facility
18described in subparagraph (B) shall have sufficient funds on the
19premises of the primary storage facility during normal business
20hours to accommodate, and make change in, a reasonable monetary
21transaction.

22(E) Credit charges for towing and storage services shall comply
23with Section 1748.1 of the Civil Code. Law enforcement agencies
24may include the costs of providing for payment by credit when
25 making agreements with towing companies on rates.

26(3) (A) The legal owner or the legal owner’s agent presents to
27the law enforcement agency or impounding agency, or any person
28acting on behalf of those agencies, a copy of the assignment, as
29defined in subdivision (b) of Section 7500.1 of the Business and
30Professions Code; a release from the one responsible governmental
31agency, only if required by the agency; a government-issued
32photographic identification card; and any one of the following as
33determined by the legal owner or the legal owner’s agent: a
34certificate of repossession for the vehicle, a security agreement
35for the vehicle, or title, whether paper or electronic, showing proof
36of legal ownership for the vehicle. The law enforcement agency,
37impounding agency, or any other governmental agency, or any
38person acting on behalf of those agencies, shall not require the
39presentation of any other documents.

P94   1(B) The legal owner or the legal owner’s agent presents to the
2person in possession of the vehicle, or any person acting on behalf
3of the person in possession, a copy of the assignment, as defined
4in subdivision (b) of Section 7500.1 of the Business and
5Professions Code; a release from the one responsible governmental
6agency, only if required by the agency; a government-issued
7photographic identification card; and any one of the following as
8determined by the legal owner or the legal owner’s agent: a
9certificate of repossession for the vehicle, a security agreement
10for the vehicle, or title, whether paper or electronic, showing proof
11of legal ownership for the vehicle. The person in possession of the
12vehicle, or any person acting on behalf of the person in possession,
13shall not require the presentation of any other documents.

14(C) All presented documents may be originals, photocopies, or
15facsimile copies, or may be transmitted electronically. The law
16enforcement agency, impounding agency, or any person in
17possession of the vehicle, or anyone acting on behalf of them, shall
18not require any documents to be notarized. The law enforcement
19agency, impounding agency, or any person acting on behalf of
20those agencies, may require the agent of the legal owner to produce
21a photocopy or facsimile copy of its repossession agency license
22or registration issued pursuant to Chapter 11 (commencing with
23Section 7500) of Division 3 of the Business and Professions Code,
24or to demonstrate, to the satisfaction of the law enforcement
25agency, impounding agency, or any person in possession of the
26vehicle, or anyone acting on behalf of them, that the agent is
27exempt from licensure pursuant to Section 7500.2 or 7500.3 of the
28Business and Professions Code.

29(D) An administrative cost authorized under subdivision (a) of
30Section 22850.5 shall not be charged to the legal owner of the type
31specified in paragraph (1) who redeems the vehicle unless the legal
32owner voluntarily requests a poststorage hearing. A city, county,
33city and county, or state agency shall not require a legal owner or
34a legal owner’s agent to request a poststorage hearing as a
35requirement for release of the vehicle to the legal owner or the
36legal owner’s agent. The law enforcement agency, impounding
37agency, or any other governmental agency, or any person acting
38on behalf of those agencies, shall not require any documents other
39than those specified in this paragraph. The law enforcement agency,
40impounding agency, or other governmental agency, or any person
P95   1acting on behalf of those agencies, may not require any documents
2to be notarized. The legal owner or the legal owner’s agent shall
3be given a copy of any documents he or she is required to sign,
4except for a vehicle evidentiary hold logbook. The law enforcement
5agency, impounding agency, or any person acting on behalf of
6those agencies, or any person in possession of the vehicle, may
7photocopy and retain the copies of any documents presented by
8the legal owner or legal owner’s agent.

9(4) A failure by a storage facility to comply with any applicable
10conditions set forth in this subdivision shall not affect the right of
11the legal owner or the legal owner’s agent to retrieve the vehicle,
12provided all conditions required of the legal owner or legal owner’s
13agent under this subdivision are satisfied.

14(f) (1) A legal owner or the legal owner’s agent that obtains
15release of the vehicle pursuant to subdivision (e) shall not release
16the vehicle to the registered owner of the vehicle or the person
17who was listed as the registered owner when the vehicle was
18impounded or any agents of the registered owner until the
19termination of the impoundment period.

20(2) The legal owner or the legal owner’s agent shall not
21relinquish the vehicle to the registered owner or the person who
22was listed as the registered owner when the vehicle was impounded
23until the registered owner or that owner’s agent presents his or her
24valid driver’s license or valid temporary driver’s license, and an
25operator’s license that is in compliance with the licensing
26requirements adopted by the local authority under subdivision (b)
27of Section 21100, to the legal owner or the legal owner’s agent.
28The legal owner or the legal owner’s agent or the person in
29possession of the vehicle shall make every reasonable effort to
30ensure that the licenses presented are valid and possession of the
31vehicle will not be given to the driver who was involved in the
32original impoundment proceeding until the expiration of the
33impoundment period.

34(3) Prior to relinquishing the vehicle, the legal owner may
35require the registered owner to pay all towing and storage charges
36related to the impoundment and the administrative charges
37authorized under Section 22850.5 that were incurred by the legal
38owner in connection with obtaining the custody of the vehicle.

39(4) Any legal owner who knowingly releases or causes the
40release of a vehicle to a registered owner or the person in
P96   1possession of the vehicle at the time of the impoundment or any
2agent of the registered owner in violation of this subdivision shall
3be guilty of a misdemeanor and subject to a civil penalty in the
4amount of two thousand dollars ($2,000).

5(5) The legal owner, registered owner, or person in possession
6of the vehicle shall not change or attempt to change the name of
7the legal owner or the registered owner on the records of the
8department until the vehicle is released from the impoundment.

9(g) Notwithstanding any other provision of this section, the
10registered owner and not the legal owner shall remain responsible
11for any towing and storage charges related to the impoundment
12and the administrative charges authorized under Section 22850.5
13and any parking fines, penalties, and administrative fees incurred
14by the registered owner.

15(h) The law enforcement agency and the impounding agency,
16including any storage facility acting on behalf of the law
17enforcement agency or impounding agency, shall comply with this
18section and shall not be liable to the registered owner for the
19improper release of the vehicle to the legal owner or the legal
20owner’s agent if the release complies with this section. The legal
21owner shall indemnify and hold harmless a storage facility from
22any claims arising out of the release of the vehicle to the legal
23owner or the legal owner’s agent and from any damage to the
24vehicle after its release, including the reasonable costs associated
25with defending any such claims. A law enforcement agency shall
26not refuse to issue a release to a legal owner or the agent of a legal
27owner on the grounds that it previously issued a release.

begin insert

28
(i) This section shall become inoperative on July 1, 2017, and,
29as of January 1, 2018, is repealed, unless a later enacted statute,
30that becomes operative on or before January 1, 2018, deletes or
31extends the dates on which it becomes inoperative and is repealed.

end insert
32begin insert

begin insertSEC. 29.end insert  

end insert

begin insertSection 21100.4 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to
33read:end insert

begin insert
34

begin insert21100.4.end insert  

(a) (1) A magistrate presented with the affidavit of
35a peace officer establishing reasonable cause to believe that a
36vehicle, described by vehicle type and license number, is being
37operated as a taxicab or other passenger vehicle for hire in
38violation of Chapter 8.5 (commencing with Section 5451) of
39Division 2 of the Public Utilities Code or in violation of a local
40ordinance adopted by a local authority under subdivision (b) of
P97   1Section 21100 shall issue a warrant or order authorizing the peace
2officer to immediately seize and cause the removal of the vehicle.

3
(2) The warrant or court order may be entered into a
4computerized database.

5
(3) A vehicle so impounded may be impounded for a period not
6to exceed 30 days.

7
(4) The impounding agency, within two working days of
8impoundment, shall send a notice by certified mail, return receipt
9requested, to the legal owner of the vehicle, at an address obtained
10from the department, informing the owner that the vehicle has
11been impounded and providing the owner with a copy of the
12warrant or court order. Failure to notify the legal owner within
13two working days shall prohibit the impounding agency from
14charging for more than 15 days’ impoundment when a legal owner
15redeems the impounded vehicle. The law enforcement agency shall
16be open to issue a release to the registered owner or legal owner,
17or the agent of either, whenever the agency is open to serve the
18public for regular, nonemergency business.

19
(b) (1) An impounding agency shall release a vehicle to the
20registered owner or his or her agent prior to the end of the
21impoundment period and without the permission of the magistrate
22authorizing the vehicle’s seizure under any of the following
23circumstances:

24
(A) When the vehicle is a stolen vehicle.

25
(B) When the vehicle was seized under this section for an offense
26that does not authorize the seizure of the vehicle.

27
(C) When the vehicle is a rental car.

28
(2) A vehicle may not be released under this subdivision, except
29upon presentation of the registered owner’s or agent’s currently
30valid permit to operate the vehicle under the requirements of
31Chapter 8.5 (commencing with Section 5451) of Division 2 of the
32Public Utilities Code or an ordinance of the City and County of
33San Francisco or its airport authority, and, as applicable,
34presentation of a curbside operation permit issued by a local
35agency pursuant to Section 53075 of the Government Code, and
36proof of current vehicle registration, or upon order of the court.

37
(c) (1) Whenever a vehicle is impounded under this section,
38the magistrate ordering the storage shall provide the vehicle’s
39registered and legal owners of record, or their agents, with the
P98   1opportunity for a poststorage hearing to determine the validity of
2the storage.

3
(2) A notice of the storage shall be mailed or personally
4delivered to the registered and legal owners within 48 hours after
5issuance of the warrant or court order, excluding weekends and
6holidays, by the person or agency executing the warrant or court
7order, and shall include all of the following information:

8
(A) The name, address, and telephone number of the agency
9providing the notice.

10
(B) The location of the place of storage and a description of the
11vehicle, which shall include, if available, the name or make, the
12manufacturer, the license plate number, and the mileage of the
13vehicle.

14
(C) A copy of the warrant or court order and the peace officer’s
15affidavit, as described in subdivision (a).

16
(D) A statement that, in order to receive their poststorage
17hearing, the owners, or their agents, are required to request the
18hearing from the magistrate issuing the warrant or court order in
19person, in writing, or by telephone, within 10 days of the date of
20the notice.

21
(3) The poststorage hearing shall be conducted within two court
22days after receipt of the request for the hearing.

23
(4) At the hearing, the magistrate may order the vehicle released
24if he or she finds any of the circumstances described in subdivision
25(b) or (e) that allow release of a vehicle by the impounding agency.

26
(5) Failure of either the registered or legal owner, or his or her
27agent, to request, or to attend, a scheduled hearing satisfies the
28poststorage hearing requirement.

29
(6) The agency employing the peace officer or designated local
30transportation officer who caused the magistrate to issue the
31warrant or court order shall be responsible for the costs incurred
32for towing and storage if it is determined in the poststorage hearing
33that reasonable grounds for the storage are not established.

34
(d) The registered owner or his or her agent is responsible for
35all towing and storage charges related to the impoundment, and
36any administrative charges authorized under Section 22850.5.

37
(e) A vehicle removed and seized under subdivision (a) shall be
38released to the legal owner of the vehicle or the legal owner’s
39agent prior to the end of the impoundment period and without the
P99   1permission of the magistrate authorizing the seizure of the vehicle
2if all of the following conditions are met:

3
(1) The legal owner is a motor vehicle dealer, bank, credit union,
4acceptance corporation, or other licensed financial institution
5legally operating in this state or is another person, not the
6registered owner, holding a security interest in the vehicle.

7
(2) (A) The legal owner or the legal owner’s agent pays all
8towing and storage fees related to the seizure of the vehicle. A lien
9sale processing fee shall not be charged to the legal owner who
10redeems the vehicle prior to the 15th day of impoundment. Neither
11the impounding authority nor any person having possession of the
12vehicle shall collect from the legal owner of the type specified in
13paragraph (1), or the legal owner’s agent, any administrative
14charges imposed pursuant to Section 22850.5 unless the legal
15owner voluntarily requested a poststorage hearing.

16
(B) A person operating or in charge of a storage facility where
17vehicles are stored pursuant to this section shall accept a valid
18bank credit card or cash for payment of towing, storage, and
19related fees by a legal or registered owner or the owner’s agent
20claiming the vehicle. A credit card shall be in the name of the
21person presenting the card. “Credit card” means “credit card”
22as defined in subdivision (a) of Section 1747.02 of the Civil Code,
23except, for the purposes of this section, credit card does not include
24a credit card issued by a retail seller.

25
(C) A person operating or in charge of a storage facility
26described in subparagraph (B) who violates subparagraph (B)
27shall be civilly liable to the owner of the vehicle or to the person
28who tendered the fees for four times the amount of the towing,
29storage, and related fees, but not to exceed five hundred dollars
30($500).

31
(D) A person operating or in charge of a storage facility
32described in subparagraph (B) shall have sufficient funds on the
33premises of the primary storage facility during normal business
34hours to accommodate, and make change in, a reasonable
35monetary transaction.

36
(E) Credit charges for towing and storage services shall comply
37with Section 1748.1 of the Civil Code. Law enforcement agencies
38may include the costs of providing for payment by credit when
39 making agreements with towing companies on rates.

P100  1
(3) (A) The legal owner or the legal owner’s agent presents to
2the law enforcement agency or impounding agency, or any person
3acting on behalf of those agencies, a copy of the assignment, as
4defined in subdivision (b) of Section 7500.1 of the Business and
5Professions Code; a release from the one responsible governmental
6agency, only if required by the agency; a government-issued
7photographic identification card; and any one of the following as
8determined by the legal owner or the legal owner’s agent: a
9certificate of repossession for the vehicle, a security agreement
10for the vehicle, or title, whether paper or electronic, showing proof
11of legal ownership for the vehicle. The law enforcement agency,
12impounding agency, or any other governmental agency, or any
13person acting on behalf of those agencies, shall not require the
14presentation of any other documents.

15
(B) The legal owner or the legal owner’s agent presents to the
16person in possession of the vehicle, or any person acting on behalf
17of the person in possession, a copy of the assignment, as defined
18in subdivision (b) of Section 7500.1 of the Business and Professions
19Code; a release from the one responsible governmental agency,
20only if required by the agency; a government-issued photographic
21identification card; and any one of the following as determined
22by the legal owner or the legal owner’s agent: a certificate of
23repossession for the vehicle, a security agreement for the vehicle,
24or title, whether paper or electronic, showing proof of legal
25ownership for the vehicle. The person in possession of the vehicle,
26or any person acting on behalf of the person in possession, shall
27not require the presentation of any other documents.

28
(C) All presented documents may be originals, photocopies, or
29facsimile copies, or may be transmitted electronically. The law
30enforcement agency, impounding agency, or any person in
31possession of the vehicle, or anyone acting on behalf of them, shall
32not require any documents to be notarized. The law enforcement
33agency, impounding agency, or any person acting on behalf of
34those agencies, may require the agent of the legal owner to produce
35a photocopy or facsimile copy of its repossession agency license
36or registration issued pursuant to Chapter 11 (commencing with
37Section 7500) of Division 3 of the Business and Professions Code,
38or to demonstrate, to the satisfaction of the law enforcement
39agency, impounding agency, or any person in possession of the
40vehicle, or anyone acting on behalf of them, that the agent is
P101  1exempt from licensure pursuant to Section 7500.2 or 7500.3 of the
2Business and Professions Code.

3
(D) An administrative cost authorized under subdivision (a) of
4Section 22850.5 shall not be charged to the legal owner of the type
5specified in paragraph (1) who redeems the vehicle unless the
6legal owner voluntarily requests a poststorage hearing. A city,
7county, city and county, or state agency shall not require a legal
8owner or a legal owner’s agent to request a poststorage hearing
9as a requirement for release of the vehicle to the legal owner or
10the legal owner’s agent. The law enforcement agency, impounding
11agency, or any other governmental agency, or any person acting
12on behalf of those agencies, shall not require any documents other
13than those specified in this paragraph. The law enforcement
14agency, impounding agency, or other governmental agency, or
15any person acting on behalf of those agencies, may not require
16any documents to be notarized. The legal owner or the legal
17owner’s agent shall be given a copy of any documents he or she
18is required to sign, except for a vehicle evidentiary hold logbook.
19The law enforcement agency, impounding agency, or any person
20acting on behalf of those agencies, or any person in possession of
21the vehicle, may photocopy and retain the copies of any documents
22presented by the legal owner or legal owner’s agent.

23
(4) A failure by a storage facility to comply with any applicable
24conditions set forth in this subdivision shall not affect the right of
25the legal owner or the legal owner’s agent to retrieve the vehicle,
26provided all conditions required of the legal owner or legal
27owner’s agent under this subdivision are satisfied.

28
(f) (1) A legal owner or the legal owner’s agent that obtains
29release of the vehicle pursuant to subdivision (e) shall not release
30the vehicle to the registered owner of the vehicle or the person
31who was listed as the registered owner when the vehicle was
32impounded or any agents of the registered owner until the
33termination of the impoundment period.

34
(2) The legal owner or the legal owner’s agent shall not
35relinquish the vehicle to the registered owner or the person who
36was listed as the registered owner when the vehicle was impounded
37until the registered owner or that owner’s agent presents his or
38her valid driver’s license or valid temporary driver’s license, and
39an operator’s permit that is in compliance with the requirements
40of Chapter 8.5 (commencing with Section 5451) of Division 2 of
P102  1the Public Utilities Code or an ordinance of the City and County
2of San Francisco or its airport authority, to the legal owner or the
3legal owner’s agent. The legal owner or the legal owner’s agent
4or the person in possession of the vehicle shall make every
5reasonable effort to ensure that the license and permit presented
6are valid and possession of the vehicle will not be given to the
7driver who was involved in the original impoundment proceeding
8until the expiration of the impoundment period.

9
(3) Prior to relinquishing the vehicle, the legal owner may
10require the registered owner to pay all towing and storage charges
11related to the impoundment and the administrative charges
12authorized under Section 22850.5 that were incurred by the legal
13owner in connection with obtaining the custody of the vehicle.

14
(4) Any legal owner who knowingly releases or causes the
15release of a vehicle to a registered owner or the person in
16possession of the vehicle at the time of the impoundment or any
17agent of the registered owner in violation of this subdivision shall
18be guilty of a misdemeanor and subject to a civil penalty in the
19amount of two thousand dollars ($2,000).

20
(5) The legal owner, registered owner, or person in possession
21of the vehicle shall not change or attempt to change the name of
22the legal owner or the registered owner on the records of the
23department until the vehicle is released from the impoundment.

24
(g) Notwithstanding any other provision of this section, the
25registered owner and not the legal owner shall remain responsible
26for any towing and storage charges related to the impoundment
27and the administrative charges authorized under Section 22850.5
28and any parking fines, penalties, and administrative fees incurred
29by the registered owner.

30
(h) The law enforcement agency and the impounding agency,
31including any storage facility acting on behalf of the law
32enforcement agency or impounding agency, shall comply with this
33section and shall not be liable to the registered owner for the
34improper release of the vehicle to the legal owner or the legal
35owner’s agent if the release complies with this section. The legal
36owner shall indemnify and hold harmless a storage facility from
37any claims arising out of the release of the vehicle to the legal
38owner or the legal owner’s agent and from any damage to the
39vehicle after its release, including the reasonable costs associated
40with defending any such claims. A law enforcement agency shall
P103  1not refuse to issue a release to a legal owner or the agent of a
2legal owner on the grounds that it previously issued a release.

3
(i) This section shall become operative on July 1, 2017.

end insert
4begin insert

begin insertSEC. 30.end insert  

end insert

begin insertSection 27908 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to
5read:end insert

6

27908.  

(a) In every taxicab operated in this state there shall
7be a sign of heavy material, not smaller than 6 inches by 4 inches,
8or such other size as the agency regulating the operation of the
9taxicab provides for other notices or signs required to be in every
10taxicab, securely attached and clearly displayed in view of the
11passenger at all times, providing in letters as large as the size of
12the sign will reasonably allow, all of the following information:

13(1) The name, address, and telephone number of the agency
14regulating the operation of the taxicab.

15(2) The name, address, and telephone number of the firm
16licensed or controlled by the agency regulating the operation of
17the taxicab.

18(b) In the event more than one local regulatory agency has
19jurisdiction over the operation of the taxicab, the notice required
20by paragraph (1) of subdivision (a) shall provide the name, address,
21and telephone number of the agency having jurisdiction in the area
22where the taxicab operator conducts its greatest volume of business;
23or, if this cannot readily be ascertained, the agency having
24jurisdiction in the area where the taxicab operator maintains its
25offices or primary place of business, provided that the operator
26conducts a substantial volume of business in such area; or, if neither
27of the foregoing provisions apply, any agency having jurisdiction
28of an area where the taxicab operator conducts a substantial volume
29of business.

30(c) As used in this section, “taxicab” means a passenger vehicle
31designed for carrying not more than eight persons, excluding the
32driver, and used to carry passengers for hire. “Taxicab” shall not
33include a charter-party carrier of passengers within the meaning
34of the Passenger Charter-party Carriers’ Act, Chapter 8
35(commencing with Section 5351) of Division 2 of the Public
36Utilities Code.

begin insert

37
(d) This section shall become inoperative on July 1, 2017, and,
38as of January 1, 2018, is repealed, unless a later enacted statute,
39that becomes operative on or before January 1, 2018, deletes or
40extends the dates on which it becomes inoperative and is repealed.

end insert
P104  1begin insert

begin insertSEC. 31.end insert  

end insert

begin insertSection 27908 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to read:end insert

begin insert
2

begin insert27908.end insert  

(a) In every taxicab operated in this state there shall
3be a sign of heavy material, not smaller than six inches by four
4inches, or such other size as the Public Utilities Commission, or
5other regulating agency pursuant to Section 5451.3 of the Public
6Utilities Code, provides for other notices or signs required to be
7in every taxicab, securely attached and clearly displayed in view
8of the passenger at all times, providing in letters as large as the
9size of the sign will reasonably allow, all of the following
10information:

11
(1) The name, address, and telephone number of the applicable
12unit of the Public Utilities Commission or other regulating agency
13that regulates the operation of the taxicab.

14
(2) The name, address, and telephone number of the taxicab
15carrier that has been issued a permit to provide taxicab
16transportation services by the Public Utilities Commission or other
17regulating agency.

18
(b) As used in this section, “taxicab” means a passenger motor
19vehicle designed for carrying not more than eight persons,
20excluding the driver, and used to carry passengers for hire as part
21of taxicab transportation services regulated pursuant to Chapter
228.5 (commencing with Section 5451) of Division 2 of the Public
23Utilities Code or by another regulating agency pursuant to Section
245451.3 of the Public Utilities Code. “Taxicab” shall not include
25a charter-party carrier of passengers within the meaning of the
26Passenger Charter-party Carriers’ Act (Chapter 8 (commencing
27with Section 5351) of Division 2 of the Public Utilities Code).

28
(c) This section shall become operative on July 1, 2017.

end insert
29

begin deleteSEC. 20.end delete
30
begin insertSEC. 32.end insert  

No reimbursement is required by this act pursuant to
31Section 6 of Article XIII B of the California Constitution for certain
32costs that may be incurred by a local agency or school district
33because, in that regard, this act creates a new crime or infraction,
34eliminates a crime or infraction, or changes the penalty for a crime
35or infraction, within the meaning of Section 17556 of the
36Government Code, or changes the definition of a crime within the
37meaning of Section 6 of Article XIII B of the California
38Constitution.

39However, if the Commission on State Mandates determines that
40this act contains other costs mandated by the state, reimbursement
P105  1to local agencies and school districts for those costs shall be made
2pursuant to Part 7 (commencing with Section 17500) of Division
34 of Title 2 of the Government Code.



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