Code Section Group

Vehicle Code - VEH


DIVISION 14.86. Private Carriers of Passengers Registration Act [34680 - 34693]
  ( Division 14.86 added by Stats. 2017, Ch. 421, Sec. 40. )

34680.
  

This division may be cited as the Private Carriers of Passengers Registration Act.

(Added by Stats. 2017, Ch. 421, Sec. 40. (SB 19) Effective January 1, 2018. Operative July 1, 2018, pursuant to Section 34693.)

34681.
  

(a) For purposes of this division, “private carrier” means a not-for-hire motor carrier, as defined in Section 408, who transports passengers and is required to obtain a carrier identification number pursuant to Section 34507.5, including an organization that provides transportation services incidental to the operation of a youth camp that is either a nonprofit organization that qualifies for tax exemption under Section 501(c)(3) of the Internal Revenue Code or an organization that operates an organized camp, as defined in Section 18897 of the Health and Safety Code, serving youth 18 years of age or younger.

(b) For purposes of this division, “private carrier” does not include either of the following:

(1) The operator of an automobile rental business that uses vehicles owned or leased by that operator, without charge other than as may be included in the automobile rental charges, to carry its customers to or from its office or facility where rental vehicles are furnished or returned after the rental period.

(2) The operator of a hotel, motel, or other place of temporary lodging that provides transportation service in vehicles owned or leased by that operator, without charge other than as may be included in the charges for lodging, between the lodging facility and an air, rail, water, or bus passenger terminal or between the lodging facility and any place of entertainment or commercial attraction, including, but not limited to, facilities providing snow skiing. Nothing in this subdivision authorizes the operator of a hotel, motel, or other place of temporary lodging to provide any round-trip sightseeing service without a permit, as required by subdivision (c) of Section 5384 of the Public Utilities Code.

(Added by Stats. 2017, Ch. 421, Sec. 40. (SB 19) Effective January 1, 2018. Operative July 1, 2018, pursuant to Section 34693.)

34682.
  

The California Department of Tax and Fee Administration shall furnish, upon request, whatever information from its records may be required to assist the department and the Department of the California Highway Patrol in the effective enforcement of this division.

(Added by Stats. 2017, Ch. 421, Sec. 40. (SB 19) Effective January 1, 2018. Operative July 1, 2018, pursuant to Section 34693.)

34683.
  

(a) Except as provided in Section 34686, a private carrier of passengers shall not operate a motor vehicle on any public highway in this state unless its operation is currently registered with the department. The department shall grant registration upon the filing of the application and the payment of the fee as required by this division, subject to the private carrier of passengers’ compliance with this division. A private carrier of passengers who is exempt from registration need not file a notice of exemption.

(b) To satisfy the registration requirement described in subdivision (a), a private carrier of passengers shall submit required fees and all of the following information and documents to the department:

(1) The carrier identification number issued to the applicant by the Department of the California Highway Patrol.

(2) Identification information, including business name, form of business, addresses, including mailing address, contact person’s name, and phone number.

(3) Whether the registrant provides transportation services incidental to operation of an organized camp, as defined in Section 18897 of the Health and Safety Code, or as a nonprofit that qualifies for a tax exemption under Section 501(c)(3) of the Internal Revenue Code, or neither.

(4) Proof of insurance or financial responsibility as required under Section 34687.

(5) The dated signature of the person completing the form that declares under penalty of perjury that the information provided is true and correct.

(Added by Stats. 2017, Ch. 421, Sec. 40. (SB 19) Effective January 1, 2018. Operative July 1, 2018, pursuant to Section 34693.)

34684.
  

A fee of thirty-five dollars ($35) shall be paid to the department for the filing of the initial registration of private carriers of passengers, and an annual renewal fee of thirty dollars ($30) shall also be paid by private carriers of passengers. The fees required to be paid by private carriers of passengers pursuant to this section shall be deposited in the Motor Vehicle Account in the State Transportation Fund.

(Added by Stats. 2017, Ch. 421, Sec. 40. (SB 19) Effective January 1, 2018. Operative July 1, 2018, pursuant to Section 34693.)

34685.
  

(a) When the Department of the California Highway Patrol issues a carrier identification number pursuant to Section 34507.5 to a private carrier of passengers, it shall inform the carrier of the provisions of this division and the requirement that the carrier register with the department.

(b) The Department of the California Highway Patrol shall periodically, but not less frequently than quarterly, transmit to the department a list of the persons, firms, and corporations identified as private carriers of passengers to which it has issued a carrier identification number. Upon receipt of the list, the department shall notify the private carriers of passengers of the registration requirements and of the penalties for failure to register.

(Added by Stats. 2017, Ch. 421, Sec. 40. (SB 19) Effective January 1, 2018. Operative July 1, 2018, pursuant to Section 34693.)

34686.
  

The State of California and its agencies and political subdivisions are exempt from the registration requirements of this division.

(Added by Stats. 2017, Ch. 421, Sec. 40. (SB 19) Effective January 1, 2018. Operative July 1, 2018, pursuant to Section 34693.)

34687.
  

(a) Registration shall not be granted to any private carrier of passengers until proof of financial responsibility is filed by an insurer or surety with the department. The department may accept only a currently effective certificate of insurance issued by a company licensed to write that insurance in this state or by a nonadmitted insurer subject to Section 1763 of the Insurance Code, and only if the policy represented by the certificate meets the minimum insurance requirements contained in Section 34692, or a surety bond evidencing protection against liability imposed by law for the payment of damages for personal injury to, or death of, any person or property damage, or both. Each certificate shall be valid until canceled, and may only be canceled upon 30 days’ written notice submitted to the department by the carrier or surety.

(b) Whenever the department determines that the certificate of insurance or surety bond of a private carrier of passengers has lapsed or been terminated, the department shall suspend the private carrier of passengers’ registration. Registration of any private carrier or organization providing transportation services incidental to operation of a youth camp stand suspended immediately upon the effective date of the cancellation.

(c) The department shall notify the private carrier of passengers of any action taken under subdivision (b).

(Added by Stats. 2017, Ch. 421, Sec. 40. (SB 19) Effective January 1, 2018. Operative July 1, 2018, pursuant to Section 34693.)

34688.
  

A private carrier of passengers shall display the carrier identification number, as required by Section 34507.5, on the vehicles operated pursuant to the registration granted under this division.

(Added by Stats. 2017, Ch. 421, Sec. 40. (SB 19) Effective January 1, 2018. Operative July 1, 2018, pursuant to Section 34693.)

34689.
  

The department shall periodically, but not less frequently than quarterly, transmit to the Department of the California Highway Patrol a list of persons, firms, and corporations that have received a carrier identification number from the Department of the California Highway Patrol, but that have not registered with the department. The Department of the California Highway Patrol may use this list in its normal enforcement activities, including terminal inspections and roadside enforcement, as prima facie evidence of a failure to register.

(Added by Stats. 2017, Ch. 421, Sec. 40. (SB 19) Effective January 1, 2018. Operative July 1, 2018, pursuant to Section 34693.)

34690.
  

(a) Any person or corporation that violates any provision of this division is guilty of a misdemeanor, and is punishable by a fine of not more than two thousand five hundred dollars ($2,500), or by imprisonment in the county jail for not more than three months, or both.

(b) A violation of this section is an infraction subject to the procedures described in Sections 19.6 and 19.7 of the Penal Code when the conditions specified in either paragraph (1) or (2) of subdivision (d) of Section 17 of the Penal Code are met.

(Added by Stats. 2017, Ch. 421, Sec. 40. (SB 19) Effective January 1, 2018. Operative July 1, 2018, pursuant to Section 34693.)

34691.
  

(a) Upon receipt of a written recommendation from the Department of the California Highway Patrol that the registration of a private carrier of passengers be suspended for failure to either (1) maintain any vehicle of the carrier in a safe operating condition or to comply with this code or with regulations contained in Title 13 of the California Code of Regulations relative to motor carrier safety, if that failure is either a consistent failure or presents an imminent danger to public safety, or (2) enroll all drivers in the pull-notice system as required by Section 1808.1, the department shall, pending a hearing in the matter pursuant to subdivision (d), suspend the carrier’s registration. The Department of the California Highway Patrol’s written recommendation shall specifically indicate compliance with subdivision (c).

(b) A private carrier of passengers whose registration is suspended pursuant to subdivision (a) may obtain a reinspection of its terminal and vehicles by the Department of the California Highway Patrol by submitting a written request for reinstatement to the department and paying a reinstatement fee of one hundred twenty-five dollars ($125). The fees required to be paid by carriers of passengers pursuant to this section shall be deposited in the Motor Vehicle Account in the State Transportation Fund. Upon payment of the fee, the department shall forward a request for reinspection to the Department of the California Highway Patrol, which shall perform a reinspection within a reasonable time. The department shall reinstate a carrier’s registration suspended under subdivision (a) promptly upon receipt of a written recommendation from the Department of the California Highway Patrol that the carrier’s safety compliance has improved to the satisfaction of the Department of the California Highway Patrol, unless the registration is suspended for another reason or has been revoked.

(c) Before transmitting a recommendation pursuant to subdivision (a) to the department, the Department of the California Highway Patrol shall notify the private carrier of passengers in writing of all of the following:

(1) That the Department of the California Highway Patrol has determined that the carrier’s safety record is unsatisfactory, furnishing a copy of any documentation or summary of any other evidence supporting the determination.

(2) That the determination may result in a suspension or revocation of the carrier’s registration by the department.

(3) That the carrier may request a review of the determination by the Department of the California Highway Patrol within five days of its receipt of the notice required under this subdivision. If a review pursuant to this paragraph is requested by the carrier, the Department of the California Highway Patrol shall conduct and evaluate that review prior to transmitting any notification to the department pursuant to subdivision (a).

(d) Whenever the department suspends the registration of any private carrier of passengers pursuant to subdivision (a), the department shall furnish the carrier written notice of the suspension and shall hold a hearing within a reasonable time, not to exceed 21 days, after a written request therefor is filed with the department, with a copy thereof furnished to the Department of the California Highway Patrol. At the hearing, the carrier shall show cause why the suspension should not be continued. At the conclusion of the hearing, the department may terminate the suspension, continue the suspension in effect, or revoke the registration. The department may revoke the registration of any carrier suspended pursuant to subdivision (a) at any time 90 days or more after its suspension if the department has not received a written recommendation for reinstatement from the Department of the California Highway Patrol and the carrier has not filed a written request for a hearing with the department.

(Added by Stats. 2017, Ch. 421, Sec. 40. (SB 19) Effective January 1, 2018. Operative July 1, 2018, pursuant to Section 34693.)

34692.
  

(a) Except as provided in subdivision (b), every private carrier of passengers as defined in Section 34681 that is required to register under Section 34683 shall provide and thereafter continue in effect on each vehicle so long as the carrier may be engaged in conducting such operations adequate protection against liability imposed by law upon such carrier in accordance with the following:

(1) For the payment of damages for bodily injury to, or death of, one person in any one accident in the amount of at least fifteen thousand dollars ($15,000).

(2) Subject to the limit for one person, in the amount of at least thirty thousand dollars ($30,000) for bodily injury to, or death of, two or more persons in any one accident.

(3) For injury to, or destruction of, property of others in the amount of at least five thousand dollars ($5,000) for any one accident.

(b) Transportation services incidental to operation of a youth camp that are provided by either a nonprofit organization described in Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. Sec. 501 (c)(3)), that is exempt from taxation under Section 501(a) of that code (26 U.S.C. Sec. 501(a)), or an organization that operates an organized camp, as defined in Section 18897 of the Health and Safety Code, serving youth 18 years of age or younger shall provide and thereafter continue in effect so long as it may be engaged in conducting such operations the following minimum amounts of general liability insurance coverage for vehicles that are used to transport youth:

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

(2) A minimum of one million dollars ($1,000,000) of general liability insurance coverage for vehicles designed to carry up to 15 passengers. For organized camps, as defined in Section 18897 of the Health and Safety Code, there shall be an additional five hundred thousand dollars ($500,000) of general umbrella policy that covers vehicles.

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

(Added by Stats. 2017, Ch. 421, Sec. 40. (SB 19) Effective January 1, 2018. Operative July 1, 2018, pursuant to Section 34693.)

34693.
  

This division shall become operative on July 1, 2018.

(Added by Stats. 2017, Ch. 421, Sec. 40. (SB 19) Effective January 1, 2018. Note: Operative date applies to Division 14.86, commencing with Section 34680.)

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