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AB-838 Charter-party carriers of passengers: reports.(2011-2012)

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Assembly Bill No. 838
CHAPTER 341

An act to amend, repeal, and add Section 5381.5 of the Public Utilities Code, relating to charter-party carriers of passengers.

[ Approved by Governor  September 17, 2012. Filed with Secretary of State  September 17, 2012. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 838, Hill. Charter-party carriers of passengers: reports.
The Passenger Charter-party Carriers’ Act, with certain exceptions, prohibits a charter-party carrier of passengers from engaging in transportation services subject to regulation by the Public Utilities Commission without obtaining a specified certificate or permit, as appropriate, from the commission. Existing law requires the commission to ensure that every charter-party carrier of passengers includes on a waybill or trip report certain information, including the name of at least one passenger in the traveling party.
This bill, beginning January 1, 2014, would authorize a waybill or trip report to be kept in electronic or hardcopy format and would authorize the charter-party carrier of passengers to provide the waybill or trip report in either electronic or hardcopy format when requested by any commission or airport enforcement officer or any official of a city, county, or city and county authorized to inspect a waybill or trip report. The bill would require, beginning January 1, 2014, a charter-party carrier of passengers to produce in its office a hardcopy of any waybill or trip report when requested by the commission or one of its authorized representatives.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 5381.5 of the Public Utilities Code is amended to read:

5381.5.
 The commission shall, by rule or other appropriate procedure, ensure that every charter-party carrier of passengers operates on a prearranged basis within the state, consistent with Section 5360.5. The commission shall require every charter-party carrier of passengers to include on a waybill or trip report at least all of the following:
(a) The name of at least one passenger in the traveling party, or identifying information of the traveling party’s affiliation, along with the point of origin and destination of the passenger or traveling party.
(b) Information as to whether the transportation was arranged by telephone or written contract.
(c) This section shall remain in effect only until January 1, 2014, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2014, deletes or extends that date.

SEC. 2.

 Section 5381.5 is added to the Public Utilities Code, to read:

5381.5.
 (a) The commission shall, by rule or other appropriate procedure, ensure that every charter-party carrier of passengers operates on a prearranged basis within the state, consistent with Section 5360.5. The commission shall require every charter-party carrier of passengers to include on a waybill or trip report at least all of the following:
(1) The name of at least one passenger in the traveling party, or identifying information of the traveling party’s affiliation, along with the point of origin and destination of the passenger or traveling party.
(2) Information as to whether the transportation was arranged by telephone, written contract, or electronic communication.
(b) A waybill or trip report may be kept in electronic or hardcopy format. When requested by any commission or airport enforcement officer or any official of a city, county, or city and county authorized to inspect a waybill or trip report pursuant to subdivision (h) of Section 5371.4, the waybill or trip report may be provided in either electronic or hardcopy format.
(c) A charter-party carrier of passengers shall produce in its office a hardcopy of any waybill or trip report when requested by the commission or one of its authorized representatives pursuant to Section 5389.
(d) This section shall become operative on January 1, 2014.