Today's Law As Amended


PDF |Add To My Favorites |Track Bill | print page

AB-302 San Diego Metropolitan Transit Development Board: regulation of for-hire vehicle and passenger jitney services.(2021-2022)



As Amends the Law Today
As Amends the Law on Nov 18, 2021


SECTION 1.

 Section 120266 of the Public Utilities Code is amended to read:

120266.
 (a) The San Diego Metropolitan Transit Development Board  board  may enter into contracts with any city in its area of jurisdiction  the County of San Diego  and with the County of San Diego to license or regulate by ordinance any transportation  for-hire vehicle  services rendered wholly within the city’s corporate limits or within the unincorporated area. area of the county. 
(b) The board shall levy the fees necessary to recover the full cost of licensing and regulating these services.
(c) For purposes of this section, “for-hire vehicle services” means vehicles, other than public transportation vehicles, transporting passengers over public streets for compensation, which includes taxicabs, passenger jitney service, low-speed vehicles, nonemergency medical vehicles to the extent that the commission does not have regulatory authority, charters, and sightseeing vehicles. The term “for-hire vehicle services” does not include any public transportation services operated by the North County Transit District established pursuant to Division 11.5 (commencing with Section 125000).

SEC. 2.

 Section 120267 of the Public Utilities Code is amended to read:

120267.
 (a) The board may, by ordinance, regulate vehicle safety and driver qualifications for passenger jitney service operating between cities in the County of San Diego  and between a city in the County of San Diego  and unincorporated portions of San Diego County within the area of its jurisdiction. the County of San Diego. 
(b) The board shall levy the fees necessary to recover the full cost of regulating these services.
(c) For purposes of this section, the term “passenger jitney service” includes every corporation or person engaged as a common carrier, for compensation, in the ownership, control, operation, or management of a passenger transportation service by motor vehicles of not more than 15 passenger  15-passenger  capacity, excluding the driver, which operate that operates  between fixed termini and over a regular route and generally on short, nonscheduled, short nonscheduled  headways.

SEC. 3.

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

120269.
 (a) If the board licenses or regulates any transportation service,  for-hire vehicle services,  pursuant to Section 120266, or any passenger jitney service, pursuant to Section 120267, and the licensed or regulated service employs, or contracts with, any driver who (1) is not required to be tested for controlled substances and alcohol pursuant to Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations, paragraph (3) of subdivision (b) of Section 53075.5 of the Government Code, Section 1032.1 of this code, or Section 34520 of the Vehicle Code, and (2) is not exempted under Section 34520 of the Vehicle Code, the board shall adopt, by ordinance or resolution, a mandatory controlled substance and alcohol testing certification program for those drivers.
(b) The program adopted pursuant to subdivision (a) shall meet substantially the requirements set forth in paragraph (3) of subdivision (b) of Section 53075.5 of the Government Code.
(c) Evidence derived from a positive test result collected pursuant to the program adopted under subdivision (a) shall not be admissible in a criminal prosecution concerning unlawful possession, sale, or distribution of controlled substances.