reglab/statecodes huggingface dataset:
2023 California Code › Public Utilities Code - PUC › DIVISION 2 - REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION › CHAPTER 8 - Charter-Party Carriers of Passengers › ARTICLE 3 - Regulation of Charter-Party Carriers of Passengers › Section 5381.5.

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 (g) 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.
(Amended by Stats. 2016, Ch. 842, Sec. 52. (SB 1222) Effective January 1, 2017.)
2023 California Code › Public Utilities Code - PUC › DIVISION 2 - REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION › CHAPTER 8 - Charter-Party Carriers of Passengers › ARTICLE 3 - Regulation of Charter-Party Carriers of Passengers › Section 5382.

5382. To the extent that such are not inconsistent with the provisions of this chapter, all general orders, rules and regulations, applicable to the operations of carriers of passengers under authority of certificates of public convenience and necessity issued pursuant to the provisions of Article 2 (commencing at Section 1031), Chapter 5, Part 1, Division 1 of this code, unless otherwise ordered by the commission shall apply to charter-party carriers of passengers.
(Added by Stats. 1961, Ch. 2146.)
2023 California Code › Public Utilities Code - PUC › DIVISION 2 - REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION › CHAPTER 8 - Charter-Party Carriers of Passengers › ARTICLE 3 - Regulation of Charter-Party Carriers of Passengers › Section 5383.

5383. The commission shall create the following classifications or types of certificates for charter-party carriers of passengers:
Class A:  from any point or points within the state to other points in or out of this state, including, but not limited to, the conduction of round-trip sightseeing tour service.
Class B:  from any point within the territory of origin specified in the certificate to any points in the state, or territory of origin.
Class C:  services provided incidental to commercial balloon operations, commercial river rafting, or skiing where no additional compensation is provided for the transportation.
(Amended by Stats. 1994, Ch. 456, Sec. 5. Effective January 1, 1995.)
2023 California Code › Public Utilities Code - PUC › DIVISION 2 - REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION › CHAPTER 8 - Charter-Party Carriers of Passengers › ARTICLE 3 - Regulation of Charter-Party Carriers of Passengers › Section 5384.

5384. The commission shall issue permits to persons, who are otherwise qualified, whose passenger carrier operations fall into the following categories:
(a) Specialized carriers, who do not hold themselves out to serve the general public, but only provide service under contract with industrial and business firms, governmental agencies, and private schools or who only transport agricultural workers to and from farms for compensation or who only conduct transportation services, which are incidental to another business. This permit shall be designated as a “Z” permit.
(b) Carriers using only vehicles under 15-passenger seating capacity. This permit shall be designated as a “P” permit.
(c) Carriers conducting round-trip sightseeing tour service. This permit shall be designated as an “S” permit.
(Amended by Stats. 1994, Ch. 456, Sec. 6. Effective January 1, 1995.)
2023 California Code › Public Utilities Code - PUC › DIVISION 2 - REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION › CHAPTER 8 - Charter-Party Carriers of Passengers › ARTICLE 3 - Regulation of Charter-Party Carriers of Passengers › Section 5384.2.

5384.2. (a) Every charter-party carrier of passengers shall furnish the commission annually with a list, prepared under oath, of all vehicles used in transportation for compensation during the preceding year. The list shall include and identify each modified limousine and the terminal location of each modified limousine. The commission shall furnish a copy of this list identifying each modified limousine and its terminal location to the Department of the California Highway Patrol.
(b) The commission shall not issue or continue in effect any permit, certificate, or authority of a charter-party carrier of passengers that has not submitted fees required for inspection pursuant to Section 34500.4 of the Vehicle Code and any associated penalties, if applicable.
(c) Not later than January 1, 2015, the commission shall provide the Department of the California Highway Patrol with a list of each charter-party carrier’s modified limousines and their terminal locations in order for the department to promulgate regulations pursuant to Section 34500.4 of the Vehicle Code.
(Added by Stats. 2014, Ch. 860, Sec. 5. (SB 611) Effective September 30, 2014.)
2023 California Code › Public Utilities Code - PUC › DIVISION 2 - REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION › CHAPTER 8 - Charter-Party Carriers of Passengers › ARTICLE 3 - Regulation of Charter-Party Carriers of Passengers › Section 5384.3.

5384.3. (a) For purposes of this article, the following terms have the following meanings:
(1) “Contract crew transportation vehicle” means a motor vehicle designed to transport 15 or fewer people, including the driver, that is owned, leased, operated, or maintained by a person contracting with a railroad corporation or its agents, contractors, subcontractors, vendors, subvendors, secondary vendors, or subcarriers, and used primarily to provide railroad crew transportation.
(2) “Crew transportation operator” means the person or entity that operates a contract crew transportation vehicle pursuant to a contract with a railroad corporation or its agents, contractors, subcontractors, vendors, subvendors, secondary vendors, or subcarriers.
(3) “Motor vehicle” has the same meaning as in Section 415 of the Vehicle Code.
(b) A crew transportation operator shall not operate a contract crew transportation vehicle without a valid permit, as determined by the commission.
(c) A crew transportation operator shall provide the commission with proof of insurance coverage that meets all of the following:
(1) Provides at least five million dollars ($5,000,000) in combined single limit coverage for bodily injury and property damage liability coverage.
(2) Provides at least one million dollars ($1,000,000) in uninsured and underinsured motorist coverage.
(3) Names the crew transportation operator as a named insured or an additional insured.
(d) This section does not apply to either of the following:
(1) Carpools, regardless if all persons work for a railroad corporation or not.
(2) Motor vehicles operated by an employee of a railroad corporation.
(Added by Stats. 2023, Ch. 411, Sec. 1. (SB 757) Effective January 1, 2024.)
2023 California Code › Public Utilities Code - PUC › DIVISION 2 - REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION › CHAPTER 8 - Charter-Party Carriers of Passengers › ARTICLE 3 - Regulation of Charter-Party Carriers of Passengers › Section 5384.5.

5384.5. If the driver of any charter-party carrier of passengers for hire operating under a valid certificate or permit, or any officer, director, agent, or employee of a charter-party carrier of passengers operating vehicles used in the transportation of passengers for hire under such a certificate or permit, is convicted of a violation of Section 23225 of the Vehicle Code, the commission, after a hearing, shall do the following:
(a) For a first offense, the commission may impose a civil penalty of not more than two thousand dollars ($2,000) upon the carrier, as determined appropriate by the commission.
(b) For a second offense, the commission may impose a civil penalty of not more than two thousand dollars ($2,000) upon the carrier or suspend the carrier’s certificate or permit for not more than 30 days, or both, as determined appropriate by the commission.
(c) For a third offense, the commission shall revoke the carrier’s certificate or permit.
(Amended by Stats. 2012, Ch. 461, Sec. 5. (AB 45) Effective January 1, 2013.)
2023 California Code › Public Utilities Code - PUC › DIVISION 2 - REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION › CHAPTER 8 - Charter-Party Carriers of Passengers › ARTICLE 3 - Regulation of Charter-Party Carriers of Passengers › Section 5385.

5385. A charter-party carrier of passengers, except those engaged in the provision of a hired driver service when a rented motor vehicle is being operated by the hired driver, shall not operate any motor vehicle on any public highway unless there is displayed on the vehicle a distinctive identifying symbol in the form prescribed by the commission, showing the classification to which the carrier belongs. Such an identifying symbol shall not be displayed on any vehicle until a permit or certificate of public convenience and necessity under this chapter has been issued to the carrier. The identifying symbol displayed by charter-party carriers subject to the Interstate Commerce Commission shall serve in lieu of the display requirements of this section.
(Amended by Stats. 2010, Ch. 472, Sec. 8. (AB 2572) Effective January 1, 2011.)
2023 California Code › Public Utilities Code - PUC › DIVISION 2 - REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION › CHAPTER 8 - Charter-Party Carriers of Passengers › ARTICLE 3 - Regulation of Charter-Party Carriers of Passengers › Section 5385.7.

5385.7. A charter-party carrier shall not operate a modified limousine, as defined in Section 5361, unless the modified limousine is equipped with emergency exits at the rear of the vehicle as required pursuant to Article 3.4 (commencing with Section 27375) of Chapter 5 of Division 12 of the Vehicle Code. The commission shall adopt rules to implement this section.
(Amended by Stats. 2014, Ch. 860, Sec. 7. (SB 611) Effective September 30, 2014.)
2023 California Code › Public Utilities Code - PUC › DIVISION 2 - REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION › CHAPTER 8 - Charter-Party Carriers of Passengers › ARTICLE 3 - Regulation of Charter-Party Carriers of Passengers › Section 5386.

5386. (a) Every charter-party carrier of passengers, including a charter-party carrier that operates a limousine, shall include the number of its permit or certificate in every written or oral advertisement of the services it offers.
(b) For the purposes of this subdivision, “advertisement” includes, but is not limited to, the issuance of any card, sign, or device to any person, the causing, permitting, or allowing the placement of any sign or marking on or in any building or structure, or in any media form, including newspaper, magazine, radiowave, satellite signal, or any electronic transmission, or in any directory soliciting charter-party transportation services subject to this chapter.
(Amended by Stats. 2007, Ch. 701, Sec. 3. Effective January 1, 2008.)
2023 California Code › Public Utilities Code - PUC › DIVISION 2 - REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION › CHAPTER 8 - Charter-Party Carriers of Passengers › ARTICLE 3 - Regulation of Charter-Party Carriers of Passengers › Section 5386.5.

5386.5. No charter-party carrier of passengers shall advertise its services, or in any manner represent its services, as being a taxicab or taxi service. For the purposes of this section, “advertise” includes any business card, stationery, brochure, flyer, circular, newsletter, fax form, printed or published paid advertisement in any media form, or telephone book listing.
(Added by Stats. 2003, Ch. 658, Sec. 1. Effective January 1, 2004.)
2023 California Code › Public Utilities Code - PUC › DIVISION 2 - REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION › CHAPTER 8 - Charter-Party Carriers of Passengers › ARTICLE 3 - Regulation of Charter-Party Carriers of Passengers › Section 5387.3.

5387.3. (a) A charter-party carrier described in subdivision (c) of Section 5387, that has received a notice of refusal or revocation of its permit to operate, may submit to the commission, within 15 days after the mailing of the notice, a written request for a hearing. The charter-party carrier shall furnish a copy of the request to the Department of the California Highway Patrol at the same time that it makes its request for a hearing to the commission. Failure to request a hearing, in writing, within the 15-day period is a waiver of the right to a hearing.
(b) Upon receipt by the commission of the hearing request, the commission shall hold a hearing within a reasonable time, not to exceed 21 days, and may appoint a hearing officer to conduct the hearing. At the hearing, the burden of proof is on the charter-party carrier to prove that it was not in violation of subdivision (c) of Section 5387.
(c) The refusal to, or revocation of, the permit to operate, may only be rescinded by the hearing officer if the charter-party carrier proves that it was not in violation of subdivision (c) of Section 5387, and that the basis of the refusal or revocation resulted from a factual error.
(Added by Stats. 2009, Ch. 248, Sec. 2. (AB 636) Effective January 1, 2010.)
2023 California Code › Public Utilities Code - PUC › DIVISION 2 - REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION › CHAPTER 8 - Charter-Party Carriers of Passengers › ARTICLE 3 - Regulation of Charter-Party Carriers of Passengers › Section 5387.5.

5387.5. When the commission or an employee of the commission determines that any person or corporation is holding itself out as a charter-party carrier of passengers without a certificate or permit to so operate, the carrier shall pay the commission the fee established pursuant to Section 421 for the period during which it operated without authority, up to a maximum of three years, which fee shall be deposited in the Public Utilities Commission Transportation Reimbursement Account.
(Added by Stats. 1990, Ch. 518, Sec. 2.5. Effective August 13, 1990.)
2023 California Code › Public Utilities Code - PUC › DIVISION 2 - REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION › CHAPTER 8 - Charter-Party Carriers of Passengers › ARTICLE 3 - Regulation of Charter-Party Carriers of Passengers › Section 5389.

5389. (a) The commission, each commissioner, and each officer and person employed by the commission may, at any time have access to the land, buildings, or equipment of a charter-party carrier of passengers used in connection with the operation of its business and may inspect the accounts, books, papers, and documents of the carrier. Any inspection by the commission may include photocopying or the electrostatic or photostatic reproduction of documents either at the premises of the carrier or the offices of the commission, at the option of the carrier. The commission shall reimburse the carrier for any copying or reproduction expenses incurred by it at the direction of the commission.
(b) Subdivision (a) also applies to access to property and inspections of the accounts, books, papers, and documents of any business which is a subsidiary or affiliate of, or a corporation which holds a controlling interest in, a charter-party carrier of passengers with respect to any transaction between the carrier and the subsidiary, affiliate, or holding corporation.
(c) Subdivisions (a) and (b) also apply to any person or corporation engaged in the transportation of persons by motor vehicle for compensation, which the commission, or an officer or person employed by the commission, determines is holding itself out as a charter-party carrier of passengers.
(Amended by Stats. 1990, Ch. 518, Sec. 2.4. Effective August 13, 1990.)
2023 California Code › Public Utilities Code - PUC › DIVISION 2 - REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION › CHAPTER 8 - Charter-Party Carriers of Passengers › ARTICLE 4 - Accident Liability Protection › Section 5391.

5391. The commission shall, in granting permits or a certificate pursuant to this chapter, require the charter-party carrier of passengers to procure, and to continue in effect during the life of the permit or certificate, adequate protection against liability imposed by law upon the charter-party carrier of passengers for the payment of damages for personal bodily injuries, including death resulting therefrom, protection against a total liability of the charter-party carrier of passengers on account of bodily injuries to, or death of, more than one person as a result of any one accident, and protection against damage or destruction of property. The minimum requirements for such assurances of protection against liability shall not be less than the requirements which are applicable to operations conducted under certificates of public convenience and necessity issued pursuant to the provisions of Article 2 (commencing with Section 1031), Chapter 5, Part 1, Division 1, of this code, and the rules and regulations prescribed pursuant thereto shall apply to charter-party carriers of passengers.
(Amended by Stats. 1967, Ch. 234.)
2023 California Code › Public Utilities Code - PUC › DIVISION 2 - REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION › CHAPTER 8 - Charter-Party Carriers of Passengers › ARTICLE 4 - Accident Liability Protection › Section 5391.2.

5391.2. Notwithstanding Section 5391, in granting certificates to the holders of class C certificates, the commission shall require that those carriers procure and continue in effect adequate protection against liability imposed by law upon the carrier for the payment of damages for personal bodily injuries, including death resulting therefrom; protection against a total liability of the carrier of passengers on account of bodily injuries to, or death of, more than one person as a result of any one accident; and protection against damage or destruction of property. The requirement of that assurance of protection against liability shall be seven hundred fifty thousand dollars ($750,000) per accident.
(Amended by Stats. 1993, Ch. 125, Sec. 8. Effective January 1, 1994.)
2023 California Code › Public Utilities Code - PUC › DIVISION 2 - REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION › CHAPTER 8 - Charter-Party Carriers of Passengers › ARTICLE 4 - Accident Liability Protection › Section 5391.5.

5391.5. The commission shall commence a rulemaking proceeding to develop uniform operating standards applicable to charter-party carriers of passengers. The rulemaking proceeding shall include, but shall not be limited to, a consideration of all of the following issues:
(a) Whether current insurance limits provide sufficient liability coverage for charter-party carriers to operate to any point in this state.
(b) Whether the commission’s requirements concerning the maintenance of records is sufficient to permit the safe operation of charter-party carriers to any point in this state.
(c) Whether the commission’s current procedures for the issuance of operating authority are creating unnecessary congestion upon the roads of this state.
(Added by Stats. 1990, Ch. 518, Sec. 3. Effective August 13, 1990.)
2023 California Code › Public Utilities Code - PUC › DIVISION 2 - REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION › CHAPTER 8 - Charter-Party Carriers of Passengers › ARTICLE 4 - Accident Liability Protection › Section 5392.

5392. (a) The protection required under Sections 5391 and 5391.2 shall be evidenced by the deposit of any of the following with the commission covering each vehicle used or to be used under the certificate or permit applied for:
(1) A policy of insurance, issued by a company licensed to write insurance in this state, or by nonadmitted insurers subject to Section 1763 of the Insurance Code, if the policies meet the rules promulgated therefor by the commission.
(2) A bond of a surety company licensed to write surety bonds in the state.
(3) Evidence of the qualification of the charter-party carrier of passengers as a self-insurer as may be authorized by the commission.
(b) This section applies only to the driver supplied by a charter-party carrier of passengers engaged in the provision of a hired driver service when a rented motor vehicle is being operated by the hired driver. The requirements of this section do not apply to the separately rented vehicle.
(Amended by Stats. 2010, Ch. 472, Sec. 9. (AB 2572) Effective January 1, 2011.)
2023 California Code › Public Utilities Code - PUC › DIVISION 2 - REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION › CHAPTER 8 - Charter-Party Carriers of Passengers › ARTICLE 4 - Accident Liability Protection › Section 5392.3.

5392.3. Notwithstanding any other provision of law, any charter-party carrier of passengers that contracts to provide a vanpool vehicle, as described in paragraph (1) of subdivision (c) of Section 17149 of the Revenue and Taxation Code, to an employer or a group of employees for the purpose of operating that vehicle for transportation to and from work shall maintain protection against liability with respect to that vehicle in the same form and amount as described in Section 5391.2.
(Added by Stats. 1994, Ch. 622, Sec. 2. Effective January 1, 1995.)
2023 California Code › Public Utilities Code - PUC › DIVISION 2 - REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION › CHAPTER 8 - Charter-Party Carriers of Passengers › ARTICLE 4 - Accident Liability Protection › Section 5392.5.

5392.5. No person, firm, or corporation holding a valid permit issued by the commission pursuant to this chapter shall be required by any agency of local government to provide insurance in a manner different from that required by the commission.
(Added by Stats. 1994, Ch. 109, Sec. 6. Effective June 27, 1994.)
2023 California Code › Public Utilities Code - PUC › DIVISION 2 - REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION › CHAPTER 8 - Charter-Party Carriers of Passengers › ARTICLE 4 - Accident Liability Protection › Section 5393.

5393. With the consent of the commission a copy of an insurance policy, certified by the company issuing it to be a true copy of the original policy, or a photostatic copy thereof, or an abstract of the provisions of the policy, or a certificate of insurance issued by the company issuing the policy, may be filed with the commission in lieu of the original or a duplicate or counterpart of the policy.
(Added by Stats. 1969, Ch. 823.)
2023 California Code › Public Utilities Code - PUC › DIVISION 2 - REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION › CHAPTER 8 - Charter-Party Carriers of Passengers › ARTICLE 4 - Accident Liability Protection › Section 5395.

5395. A school, school district, or the state is not liable for transportation services provided by an operator of a charter-party carrier operating a motor vehicle as specified in subdivision (k) of Section 545 of the Vehicle Code for which the school or school district has not contracted, arranged, or otherwise provided.
(Added by renumbering Section 5384.2 (as added by Stats. 2008, Ch. 649, Sec. 2) by Stats. 2015, Ch. 303, Sec. 446. (AB 731) Effective January 1, 2016.)
2023 California Code › Public Utilities Code - PUC › DIVISION 2 - REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION › CHAPTER 8 - Charter-Party Carriers of Passengers › ARTICLE 5 - Basis of Charges › Section 5401.

5401. Charges for the transportation to be offered or afforded by a charter-party carrier of passengers shall be computed and assessed on a vehicle mileage or time of use basis, or on a combination thereof. These charges may vary in accordance with the passenger capacity of the vehicle, or the size of the group to be transported. However, no charter-party carrier of passengers shall, directly or through an agent or otherwise, nor shall any broker, contract, agree, or arrange to charge, or demand or receive compensation, for the transportation offered or afforded that shall be computed, charged, or assessed on an individual-fare basis, except schoolbus contractors who are compensated by parents of children attending public, private, or parochial schools and except operators of round-trip sightseeing tour services conducted under a certificate subject to Section 5371.1, or a permit issued pursuant to subdivision (c) of Section 5384.
(Amended by Stats. 1994, Ch. 456, Sec. 7. Effective January 1, 1995.)
2023 California Code › Public Utilities Code - PUC › DIVISION 2 - REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION › CHAPTER 8 - Charter-Party Carriers of Passengers › ARTICLE 5 - Basis of Charges › Section 5402.

5402. No person, partnership, corporation, or organization shall sell transportation by a passenger stage on an individual-fare basis for a sightseeing trip in California on a route for which a passenger stage corporation has obtained a certificate of convenience and necessity if the seller intends to charter or charters the passenger stage in California at a rate per passenger which is less than the individual fare for which the transportation is sold.
(Added by Stats. 1963, Ch. 1996.)
2023 California Code › Public Utilities Code - PUC › DIVISION 2 - REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION › CHAPTER 8 - Charter-Party Carriers of Passengers › ARTICLE 6 - Fines and Penalties › Section 5411.

5411. Every charter-party carrier of passengers and every officer, director, agent, or employee of any charter-party carrier of passengers who violates or who fails to comply with, or who procures, aids, or abets any violation by any charter-party carrier of passengers of any provision of this chapter, or who fails to obey, observe, or comply with any order, decision, rule, regulation, direction, demand, or requirement of the commission, or of any operating permit or certificate issued to any charter-party carrier of passengers, or who procures, aids, or abets any charter-party carrier of passengers in its failure to obey, observe, or comply with any such order, decision, rule, regulation, direction, demand, requirement, or operating permit or certificate, is guilty of a misdemeanor and is punishable by a fine of not less than one thousand dollars ($1,000) and not more than five thousand dollars ($5,000) or by imprisonment in a county jail for not more than three months, or by both that fine and imprisonment.
(Amended by Stats. 2010, Ch. 328, Sec. 204. (SB 1330) Effective January 1, 2011.)
2023 California Code › Public Utilities Code - PUC › DIVISION 2 - REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION › CHAPTER 8 - Charter-Party Carriers of Passengers › ARTICLE 6 - Fines and Penalties › Section 5411.3.

5411.3. Every charter-party carrier of passengers, and every officer, director, agent, or employee of a charter-party carrier of passengers, who displays on any vehicle any identifying symbol other than one prescribed by the commission pursuant to Section 5385, or who fails to remove an identifying symbol when required by the commission, is guilty of a misdemeanor and is punishable by a fine of not more than two thousand five hundred dollars ($2,500), by imprisonment in the county jail for not more than one year, or by both.
(Amended by Stats. 2009, Ch. 263, Sec. 4. (AB 951) Effective January 1, 2010.)
2023 California Code › Public Utilities Code - PUC › DIVISION 2 - REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION › CHAPTER 8 - Charter-Party Carriers of Passengers › ARTICLE 6 - Fines and Penalties › Section 5411.5.

5411.5. (a) Whenever a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, arrests a person for operation of a charter-party carrier of passengers without a valid certificate or permit, the peace officer may impound and retain possession of the vehicle.
(b) Whenever a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, arrests a person for operating a charter-party carrier of passengers as a taxicab in violation of an ordinance or resolution of a city, county, or city and county, the peace officer may impound and retain possession of the vehicle.
(c) If the vehicle is seized from a person who is not the owner of the vehicle, the impounding authority shall immediately give notice to the owner by first-class mail.
(d) The vehicle shall immediately be returned to the owner if the infraction or violation is not prosecuted or is dismissed, the owner is found not guilty of the offense, or it is determined that the vehicle was used in violation of Section 5411 without the knowledge and consent of the owner. The vehicle shall be returned to the owner upon payment of any fine ordered by the court. If the vehicle is seized due to a violation of a person other than the owner of the vehicle, the vehicle shall be returned to the owner after all impoundment fees are paid. After the expiration of six weeks from the final disposition of the criminal case, unless the owner is in the process of making payments to the court, the impounding authority may deal with the vehicle as lost or abandoned property under Section 1411 of the Penal Code.
(e) At any time, a person may make a motion in superior court for the immediate return of the vehicle on the ground that there was no probable cause to seize it or that there is some other good cause, as determined by the court, for the return of the vehicle. A proceeding under this section is a limited civil case.
(f) No peace officer, however, may impound any vehicle owned or operated by a nonprofit organization exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code which serves youth or senior citizens and provides transportation incidental to its programs or services or a rented motor vehicle that is being operated by a hired driver of a charter-party carrier of passengers that is providing hired driver service.
(Amended by Stats. 2010, Ch. 472, Sec. 10. (AB 2572) Effective January 1, 2011.)
2023 California Code › Public Utilities Code - PUC › DIVISION 2 - REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION › CHAPTER 8 - Charter-Party Carriers of Passengers › ARTICLE 6 - Fines and Penalties › Section 5411.6.

5411.6. Every charter party carrier of passengers and every officer, director, agent, or employee of a charter party carrier of passengers who knowingly and willfully makes a false statement of the carrier’s gross operating revenues in order to underpay the commission’s reimbursement fees is guilty of a misdemeanor.
(Added by Stats. 1991, Ch. 927, Sec. 13.)
2023 California Code › Public Utilities Code - PUC › DIVISION 2 - REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION › CHAPTER 8 - Charter-Party Carriers of Passengers › ARTICLE 6 - Fines and Penalties › Section 5412.

5412. Every corporation or person other than a charter-party carrier of passengers, who knowingly and willfully, either individually, or acting as an officer, agent, or employee of a corporation, copartnership, or any other person other than a charter-party carrier of passengers, violates any provision of this chapter or fails to observe, obey, or comply with any order, decision, rule, regulation, direction, demand, or requirement of the commission, or who procures, aids, or abets any charter-party carrier of passengers in its violation of this chapter, or in its failure to obey, observe, or comply with any such order, decision, rule, regulation, direction, demand, or requirement, is guilty of a misdemeanor, and is punishable by a fine of not more than two thousand dollars ($2,000) or by imprisonment in the county jail for not more than three months, or both.
(Amended by Stats. 2009, Ch. 263, Sec. 5. (AB 951) Effective January 1, 2010.)
2023 California Code › Public Utilities Code - PUC › DIVISION 2 - REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION › CHAPTER 8 - Charter-Party Carriers of Passengers › ARTICLE 6 - Fines and Penalties › Section 5412.2.

5412.2. (a) When a person is convicted of the offense of operating a taxicab without a valid certificate or permit, in addition to any other penalties provided by law, if the court determines the operator has the ability to pay, the court shall impose a mandatory fine not exceeding two thousand five hundred dollars ($2,500) for a first conviction or five thousand dollars ($5,000) for a subsequent conviction.
(b) When a person is convicted of the offense of operating a charter-party carrier of passengers without a valid certificate or permit, in addition to any other penalties provided by law, if the court determines the operator has the ability to pay, the court shall impose a mandatory fine not exceeding ten thousand dollars ($10,000) for a first conviction or twenty-five thousand dollars ($25,000) for a subsequent conviction.
(c) As used in this section, “taxicab” means a passenger vehicle designed for carrying not more than eight persons, excluding the driver, and used to carry passengers for hire. “Taxicab” shall not include a charter-party carrier of passengers within the meaning of this chapter.
(Amended by Stats. 2009, Ch. 263, Sec. 6. (AB 951) Effective January 1, 2010.)
2023 California Code › Public Utilities Code - PUC › DIVISION 2 - REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION › CHAPTER 8 - Charter-Party Carriers of Passengers › ARTICLE 6 - Fines and Penalties › Section 5412.5.

5412.5. Every officer or person employed by the commission who, except as authorized by the commission or a court, discloses any fact or information from an inspection of the accounts, books, papers, or documents of a charter-party carrier of passengers is guilty of a misdemeanor and is punishable by a fine of not more than one thousand dollars ($1,000), by imprisonment in the county jail for not more than three months, or by both.
(Added by Stats. 1988, Ch. 472, Sec. 8.)
2023 California Code › Public Utilities Code - PUC › DIVISION 2 - REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION › CHAPTER 8 - Charter-Party Carriers of Passengers › ARTICLE 6 - Fines and Penalties › Section 5413.

5413. Every charter-party carrier of passengers and every officer, director, agent, or employee of any charter-party carrier of passengers who violates or who fails to comply with, or who procures, aids, or abets, any violation by any charter-party carrier of passengers of any provision of this chapter, or who fails to obey, observe, or comply with any order, decision, rule, regulation, direction, demand, or requirement of the commission, or of any operating permit or certificate issued to any charter-party carrier of passengers, or who procures, aids, or abets any charter-party carrier of passengers in its failure to obey, observe, or comply with any such order, decision, rule, regulation, direction, demand, requirement, or operating permit, or certificate, is subject to a penalty of not more than two thousand dollars ($2,000) for each offense.
(Amended by Stats. 2009, Ch. 263, Sec. 7. (AB 951) Effective January 1, 2010.)
2023 California Code › Public Utilities Code - PUC › DIVISION 2 - REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION › CHAPTER 8 - Charter-Party Carriers of Passengers › ARTICLE 6 - Fines and Penalties › Section 5413.5.

5413.5. (a) Whenever the commission, after hearing, finds that any person or corporation is operating as a charter-party carrier of passengers, including a charter-party carrier operating a limousine, without a valid certificate or permit, or fails to include in any written or oral advertisement the number of the certificate or permit required by Section 5386, the commission may impose a fine of not more than seven thousand five hundred dollars ($7,500) for each violation. The commission may assess the person or corporation an amount sufficient to cover the reasonable expense of investigation incurred by the commission. The commission may assess interest on any fine or assessment imposed, to commence on the day the payment of the fine or assessment becomes delinquent. All fines, assessments, and interest collected shall be deposited at least once each month in the General Fund.
(b) Whenever the commission, after hearing, finds that any person or corporation is operating a charter-party carrier of passengers as a taxicab without a valid certificate or permit in violation of an ordinance or resolution of a city, county, or city and county, the commission may impose a fine of not more than five thousand dollars ($5,000) for each violation. The commission may assess the person or corporation an amount sufficient to cover the reasonable expense of investigation incurred by the commission. The commission may assess interest on any fine or assessment imposed, to commence on the day the payment of the fine or assessment becomes delinquent. All fines, assessments, and interest collected shall be deposited at least once each month in the General Fund.
(Amended by Stats. 2009, Ch. 263, Sec. 8. (AB 951) Effective January 1, 2010.)
2023 California Code › Public Utilities Code - PUC › DIVISION 2 - REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION › CHAPTER 8 - Charter-Party Carriers of Passengers › ARTICLE 6 - Fines and Penalties › Section 5414.

5414. Every corporation or person other than a charter-party carrier of passengers who knowingly and willfully, either individually, or acting as an officer, agent, or employee of a corporation, copartnership, or any other person other than a charter-party carrier of passengers, violates any provision of this chapter or fails to observe, obey, or comply with any order, decision, rule, regulation, direction, demand, or requirement of the commission, or who procures, aids, or abets any charter-party carrier of passengers in its violation of this chapter, or in its failure to obey, observe, or comply with any such order, decision, rule, regulation, direction, demand, or requirement, is subject to a penalty of not more than two thousand dollars ($2,000) for each offense.
(Amended by Stats. 2009, Ch. 263, Sec. 9. (AB 951) Effective January 1, 2010.)
2023 California Code › Public Utilities Code - PUC › DIVISION 2 - REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION › CHAPTER 8 - Charter-Party Carriers of Passengers › ARTICLE 6 - Fines and Penalties › Section 5414.5.

5414.5. Every corporation or person who knowingly and willfully issues, publishes, or affixes, or causes or permits the issuance, publishing, or affixing, of any oral or written advertisement, broadcast, or other holding out to the public, or any portion thereof, that the corporation or person is in operation as a charter-party carrier of passengers without having a valid certificate or permit issued under this chapter is guilty of a misdemeanor punishable, if an individual, by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the county jail for not more than six months, or by both, or, if a corporation, by a fine of not more than five thousand dollars ($5,000).
(Added by Stats. 1985, Ch. 806, Sec. 3. Effective September 19, 1985.)
2023 California Code › Public Utilities Code - PUC › DIVISION 2 - REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION › CHAPTER 8 - Charter-Party Carriers of Passengers › ARTICLE 6 - Fines and Penalties › Section 5415.

5415. Every violation of the provisions of this chapter or of any order, decision, decree, rule, direction, demand, or requirement of the commission by any corporation or person is a separate and distinct offense, and in case of a continuing violation each day’s continuance thereof is a separate and distinct offense.
(Added by Stats. 1961, Ch. 2146.)
2023 California Code › Public Utilities Code - PUC › DIVISION 2 - REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION › CHAPTER 8 - Charter-Party Carriers of Passengers › ARTICLE 6 - Fines and Penalties › Section 5415.5.

5415.5. When the executive director of the commission determines that any charter-party carrier of passengers, or any officer, director, or agent of any charter-party carrier of passengers, has engaged in, is engaged in, or is about to engage in, any acts or practices in violation of this chapter, or any order, decision, rule, regulation, direction, demand, or requirement issued under this chapter, the executive director may make application to the superior court for an order enjoining those acts or practices or for an order directing compliance. The court may grant a permanent or temporary injunction, restraining order, or other order, including, but not limited to, an order allowing vehicles used for subsequent operations subject to the order to be impounded at the carrier’s expense and subject to release only by subsequent court order following a petition to the court by the defendant or owner of the vehicle, upon a showing by the executive director that a person or corporation has engaged in or is about to engage in these acts or practices. The commission may contract with the Department of the California Highway Patrol or a sheriff to assist in enforcement of an order for vehicle impound. Any costs incurred by the commission for that assistance are not assignable to the carrier as an expense of impound.
(Amended by Stats. 2018, Ch. 797, Sec. 2. (SB 1474) Effective January 1, 2019.)
2023 California Code › Public Utilities Code - PUC › DIVISION 2 - REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION › CHAPTER 8 - Charter-Party Carriers of Passengers › ARTICLE 6 - Fines and Penalties › Section 5416.

5416. All penalties accruing under this chapter are cumulative, and a suit for the recovery of one penalty does not bar or affect the recovery of any other penalty or forfeiture or bar any criminal prosecution against any person or corporation, or any officer, director, agent of employee thereof, or any other corporation or person, or bar the exercise by the commission of its power to punish for contempt.
(Added by Stats. 1961, Ch. 2146.)
2023 California Code › Public Utilities Code - PUC › DIVISION 2 - REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION › CHAPTER 8 - Charter-Party Carriers of Passengers › ARTICLE 6 - Fines and Penalties › Section 5417.

5417. (a) Actions to recover penalties under this chapter shall be brought in the name of the people of the State of California, in the superior court of the county, or city and county, in which the cause or some part thereof arose, or in which the corporation complained of, if any, has its principal place of business, or in which the person, if any, complained of, resides. The action shall be commenced and prosecuted to final judgment by the attorney of the commission.
(b) This section shall become operative on January 1, 2014.
(Repealed (in Sec. 13) and added by Stats. 2008, Ch. 552, Sec. 14. Effective January 1, 2009. Section operative January 1, 2014, by its own provisions.)
2023 California Code › Public Utilities Code - PUC › DIVISION 2 - REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION › CHAPTER 8 - Charter-Party Carriers of Passengers › ARTICLE 6 - Fines and Penalties › Section 5417.5.

5417.5. (a) The commission shall ensure that this chapter is enforced and obeyed, and that violations thereof are promptly prosecuted and that penalty moneys due to the state are recovered and collected, and to this end it may sue in the name of the people of the State of California. Upon the request of the commission, the Attorney General or the district attorney of the proper county or city and county may aid in any investigation, hearing, or trial under this chapter. The Attorney General, a district attorney of the proper county or city and county, or a city attorney may institute and prosecute actions or proceedings for the violation of any law committed in connection with, or arising from, a transaction involving a charter-party carrier of passengers.
(b) For purposes of this section, “peace officer” means a person designated as a peace officer pursuant to Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code.
(c) A peace officer may enforce and assist in the enforcement of Sections 5411 and 5412 resulting from a violation of Section 5371, 5379, 5385, 5385.7, or 5387, or more than one of those sections. A peace officer may additionally enforce and assist in the enforcement of Sections 5411.3 and 5414.5. In any case in which an arrest authorized by this subdivision is made for an offense declared to be a misdemeanor, and the person arrested does not demand to be taken before a magistrate, the arresting peace officer may, instead of taking such person before a magistrate, follow the procedure prescribed by Chapter 5C (commencing with Section 853.5) of Title 3 of Part 2 of the Penal Code. The provisions of that chapter shall thereafter apply with reference to any proceeding based upon the issuance of a citation pursuant to this authority.
(d) The commission shall coordinate enforcement of this section with those peace officers likely to be involved in enforcing this section, including undertaking both of the following:
(1) Educational outreach to promote awareness among those peace officers about the requirements of Sections 5371, 5379, 5385, 5385.7, 5387, 5411, 5411.3, 5412, and 5414.5.
(2) Establishing lines of communication so that the commission is notified if an action is commenced to enforce the requirements of those sections specified in subdivision (c), so that the commission may take appropriate action to enforce the fine and penalty provisions of this article.
(e) The Attorney General, a district attorney of the proper county or city and county, or a city attorney may institute and prosecute actions or proceedings for the violation of any law committed in connection with, or arising from, a transaction involving the transportation of passengers by a charter-party carrier of passengers.
(Added by Stats. 2015, Ch. 718, Sec. 10. (SB 541) Effective January 1, 2016.)
2023 California Code › Public Utilities Code - PUC › DIVISION 2 - REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION › CHAPTER 8 - Charter-Party Carriers of Passengers › ARTICLE 6 - Fines and Penalties › Section 5418.

5418. In any such action, all penalties incurred up to the time of the commencement of the action may be sued for and recovered. In all such actions, the procedure and rules of evidence shall be the same as in ordinary civil actions.
(Added by Stats. 1961, Ch. 2146.)
2023 California Code › Public Utilities Code - PUC › DIVISION 2 - REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION › CHAPTER 8 - Charter-Party Carriers of Passengers › ARTICLE 6 - Fines and Penalties › Section 5419.

5419. All penalties recovered by the State in any action pursuant to this chapter, together with the costs thereof, shall be paid into the State Treasury to the credit of the General Fund. Any such action may be compromised or discontinued on application of the commission upon such terms as the court approves and orders.
(Added by Stats. 1961, Ch. 2146.)