reglab/statecodes huggingface dataset:
2023 California Code › Public Utilities Code - PUC › DIVISION 2 - REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION › CHAPTER 4.1 - Enforcement of Federal Pipeline Safety Standards for Propane Operators › Section 4458.

4458. (a) The commission shall establish a surcharge to be paid by operators with distribution systems subject to this chapter on propane purchased for distribution to their customers. The surcharge shall be designed to partially recover the commission’s costs of the propane safety inspection and enforcement program required by this chapter, and to partially recover the commission’s costs of collecting and administering the surcharge. The commission shall collect the surcharge from the operators and deposit it into the Propane Safety Inspection and Enforcement Program Trust Fund, for transfer to the commission’s Utilities Reimbursement Account in the General Fund, which shall be used, upon appropriation by the Legislature, for purposes of Chapter 4.1 (commencing with Section 4451) of Division 2 of the Public Utilities Code. The surcharge shall be assessed on a per space or lot basis, shall not exceed twenty-five cents ($0.25) per month, and shall be collected by the commission on an annual basis.
(b) Notwithstanding any other provision of law or local ordinance, rule, regulation, or initiative measure, the operator shall be entitled to recover the surcharge collected pursuant to subdivision (a) from its customers. However, the charge to any customer, to allow for the operator’s recovery, shall not exceed the actual surcharge.
(Amended by Stats. 1999, Ch. 1005, Sec. 70. Effective January 1, 2000.)
2023 California Code › Public Utilities Code - PUC › DIVISION 2 - REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION › CHAPTER 4.1 - Enforcement of Federal Pipeline Safety Standards for Propane Operators › Section 4459.

4459. The commission may adopt rules and orders to carry out this chapter.
(Added by Stats. 1994, Ch. 388, Sec. 1. Effective January 1, 1995.)
2023 California Code › Public Utilities Code - PUC › DIVISION 2 - REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION › CHAPTER 4.1 - Enforcement of Federal Pipeline Safety Standards for Propane Operators › Section 4460.

4460. (a) In each distribution system, the operator shall post on the premises the current emergency telephone numbers for, at a minimum, the operator, the supplier, the fire department, and the responsible person as defined by Section 18603 of the Health and Safety Code, and shall maintain on the premises a copy of the emergency procedures that shall be used in the event there is a propane leak or other safety hazard in the distribution system. The operator shall inform each of the customers of the location of these emergency telephone numbers and the emergency procedure.
(b) Any operator who fails to comply with subdivision (a) shall be subject to the same penalty set forth in subdivision (a) of Section 4457. The commission shall enforce this subdivision pursuant to subdivision (b) of Section 4457.
(Amended by Stats. 1995, Ch. 91, Sec. 148. Effective January 1, 1996.)
2023 California Code › Public Utilities Code - PUC › DIVISION 2 - REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION › CHAPTER 4.1 - Enforcement of Federal Pipeline Safety Standards for Propane Operators › Section 4461.

4461. Prior to January 1, 1996, the Occupational Safety and Health Standards Board shall adopt by reference the 1992 edition of NFPA 58 Standard for the Storage and Handling of Liquified Petroleum Gasses, or as that 1992 edition may be subsequently amended or supplemented. It is the intent of the Legislature that the NFPA 58 Standard supersede any inconsistent state standards, including, but not limited to, Sections 470 to 494, inclusive, of Chapter 4 of Title 8 of the California Administrative Code. Nothing in this section prohibits the Occupational Safety and Health Standards Board from adopting more stringent standards than those in NFPA 58.
(Added by Stats. 1994, Ch. 388, Sec. 1. Effective January 1, 1995.)
2023 California Code › Public Utilities Code - PUC › DIVISION 2 - REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION › CHAPTER 4.1 - Enforcement of Federal Pipeline Safety Standards for Propane Operators › Section 4462.

4462. (a) This chapter hereby creates a trust fund known as the propane safety inspection and enforcement program trust fund. The trust fund shall be administered by the commission.
(b) The trust fund shall be used to partially support the funding requirements of the propane safety inspection and enforcement program of the commission pursuant to this chapter.
(Added by Stats. 1996, Ch. 651, Sec. 7. Effective January 1, 1997.)
2023 California Code › Public Utilities Code - PUC › DIVISION 2 - REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION › CHAPTER 4.1 - Enforcement of Federal Pipeline Safety Standards for Propane Operators › Section 4463.

4463. Notwithstanding any other provision of law, this chapter, as added by Chapter 388 of the Statutes of 1994, shall not be implemented unless sufficient federal funding has been annually appropriated to the Public Utilities Commission to ensure that only those charges specifically fixed by law, and no additional charges shall, directly or indirectly, be passed on to California consumers.
(Added by Stats. 1996, Ch. 651, Sec. 8. Effective January 1, 1997.)
2023 California Code › Public Utilities Code - PUC › DIVISION 2 - REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION › CHAPTER 4.1 - Enforcement of Federal Pipeline Safety Standards for Propane Operators › Section 4464.

4464. (a) The commission in administering the trust fund, shall be responsible for the identification of the pertinent operators and for the collection of the surcharges from the operators.
(b) The commission may use a balancing account, in conjunction with the trust fund, to account for any overcollection or undercollection on a yearly basis.
(c) The commission’s administrative responsibility and surcharge collection shall exempt all propane used by the following:
(1) Agricultural, commercial serving less than 10 customers unless a portion of the system is located in a public place, industrial, and refinery systems.
(2) Recreational vehicles and appliances.
(3) Vehicular fuel.
(4) Single customers served by single tanks.
(5) Distribution systems, other than mobilehome parks, which serve less than 10 customers, unless a portion of the system is located in a public place.
(6) Cylinder exchange operations.
(Added by Stats. 1996, Ch. 651, Sec. 9. Effective January 1, 1997.)
2023 California Code › Public Utilities Code - PUC › DIVISION 2 - REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION › CHAPTER 4.1 - Enforcement of Federal Pipeline Safety Standards for Propane Operators › Section 4465.

4465. (a) If any operator subject to this chapter is in default of the payment of the surcharge required by this chapter for a period of 30 days or more, the commission may estimate from all available information the appropriate fee and may add to the amount of the estimated fee a penalty not to exceed 25 percent of the amount on account of the failure, refusal, or neglect to pay the fee, and the operator shall be estopped to complain of the amount of the commission’s estimate.
(b) The commission may bring an action, in its own name or in the name of the people of the state, in any court of competent jurisdiction, for the collection of delinquent fees estimated under subdivision (a) of this section, together with a penalty of 25 percent for the delinquency.
(Added by Stats. 1996, Ch. 651, Sec. 10. Effective January 1, 1997.)
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 1 - General Provisions and Definitions › Section 5351.

5351. This chapter may be cited as the “Passenger Charter-party Carriers’ Act.”
(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 1 - General Provisions and Definitions › Section 5352.

5352. (a) The use of the public highways for the transportation of passengers for compensation is a business affected with a public interest. It is the purpose of this chapter to preserve for the public full benefit and use of public highways consistent with the needs of commerce without unnecessary congestion or wear and tear upon the highways; to secure to the people adequate and dependable transportation by carriers operating upon the highways; to secure full and unrestricted flow of traffic by motor carriers over the highways which will adequately meet reasonable public demands by providing for the regulation of all transportation agencies with respect to accident indemnity so that adequate and dependable service by all necessary transportation agencies shall be maintained and the full use of the highways preserved to the public; and to promote carrier and public safety through its safety enforcement regulations.
(b) To achieve the purposes of subdivision (a) the commission shall do all of the following:
(1) Prioritize the timely processing of applications and hold “application workshops” for potential applicants around the state.
(2) Enable electronic filing of applications, reports, and fee payments.
(3) Dedicate staff to answering telephone calls, mailings, and electronic inquiries from carriers.
(4) Prioritize the timely processing of consumer complaints.
(5) Implement electronic case tracking of complaints and their disposition.
(6) Implement a process for appropriate and timely enforcement against illegally operating carriers, including by performing staff-driven investigations and performing enforcement through sting operations and other forms of presence in the field.
(7) Maintain relationships with, and implement outreach and education programs to, local law enforcement, district attorneys, and airports, and coordinate with law enforcement agencies pursuant to subdivision (d) of Section 1046, subdivision (d) of Section 5317.5, and subdivision (d) of Section 5417.5.
(8) Meet with carrier trade associations at least annually.
(9) Implement a consolidated case tracking system that integrates each of the transportation program core functions and data collection, administrative compliance details, complaints, and investigations.
(Amended by Stats. 2015, Ch. 718, Sec. 7. (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 1 - General Provisions and Definitions › Section 5353.5.

5353.5. On and after July 1, 1989, this chapter does not apply to transportation service, other than transportation service furnished in a limousine for hire, rendered wholly within the corporate limits of a single city or city and county and licensed or regulated by ordinance.
(Added by Stats. 1988, Ch. 1105, Sec. 2.)
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 1 - General Provisions and Definitions › Section 5354.

5354. In construing and enforcing the provisions of this chapter relating to the prescribed privileges and obligations of the holder of a permit or certificate issued hereunder, the act, omission, or failure of any officer, agent, or employee, or person offering to afford the authorized service with the approval or consent of the permit or certificate holder, is the act, omission, or failure of the permit or certificate holder.
(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 1 - General Provisions and Definitions › Section 5355.

5355. Unless the context otherwise requires, the definitions and general provisions set forth in this article govern the construction of this chapter.
(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 1 - General Provisions and Definitions › Section 5355.5.

5355.5. (a) “Chartering party” means the person, corporation, or other entity that prearranges with a charter-party carrier of passengers for transportation services.
(b) “Designee” means a person who is 25 years of age or older and who is designated by the chartering party as being the person responsible for compliance with the requirements of Section 5384.1 during the provision of transportation services whenever persons under 21 years of age are to be transported unaccompanied by a parent or legal guardian. If the chartering party is a person and the minor is not accompanied by a parent or legal guardian, the chartering party shall be the designee unless the chartering party identifies another person to be the designee and the person so designated acknowledges and agrees that he or she is the designee. If there is more than one chartering party for a joint carriage of passengers, each chartering party shall designate a designee who is responsible for compliance with the requirements of Section 5384.1 whenever persons under 21 years of age are to be transported unaccompanied by a parent or legal guardian, and that person shall be the designee only for those passengers provided with transportation services on behalf of that chartering party.
(Added by Stats. 2012, Ch. 461, Sec. 2. (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 1 - General Provisions and Definitions › Section 5356.

5356. “Corporation” includes a corporation, a company, an association, and a joint stock association.
(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 1 - General Provisions and Definitions › Section 5357.

5357. “Person” includes an individual, a firm, or a copartnership.
(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 1 - General Provisions and Definitions › Section 5358.

5358. “Public highway” includes every public street, road, or highway in this State.
(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 1 - General Provisions and Definitions › Section 5359.

5359. (a) “Motor vehicle” means a vehicle which is self-propelled.
(b) “Bus” means a vehicle designed, used, or maintained for carrying more than 10 persons, including the driver, which is used to transport persons for compensation or profit.
(c) “Limousine” means any sedan or sport utility vehicle, of either standard or extended length, with a seating capacity of not more than 10 passengers including the driver, used in the transportation of passengers for hire on a prearranged basis within this state, and includes a modified limousine as defined in subdivision (d) of Section 1042.
(Amended by Stats. 2015, Ch. 718, Sec. 8. (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 1 - General Provisions and Definitions › Section 5360.

5360. Subject to the exclusions of Section 5353, “charter-party carrier of passengers” means every person engaged in the transportation of persons by motor vehicle for compensation, whether in common or contract carriage, over any public highway in this state. “Charter-party carrier of passengers” includes any person, corporation, or other entity engaged in the provision of a hired driver service when a rented motor vehicle is being operated by a hired driver.
(Amended by Stats. 2010, Ch. 472, Sec. 2. (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 1 - General Provisions and Definitions › Section 5360.5.

5360.5. (a) Charter-party carriers of passengers shall operate on a prearranged basis within this state.
(b) For purposes of this section, “prearranged basis” means that the transportation of the prospective passenger was arranged with the carrier by the passenger, or a representative of the passenger, either by written contract or telephone.
(Amended by Stats. 1998, Ch. 828, Sec. 1. Effective January 1, 1999.)
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 1 - General Provisions and Definitions › Section 5361.

5361. “Modified limousine” means any vehicle that has been modified, altered, or extended in a manner that increases the overall wheelbase of the vehicle, exceeding the original equipment manufacturer’s published wheelbase dimension for the base model and year of the vehicle, in any amount sufficient to accommodate additional passengers with a seating capacity of not more than 10 passengers including the driver, and is used in the transportation of passengers for hire. For purposes of this section, “wheelbase” means the longitudinal distance between the vertical centerlines of the front and rear wheels.
(Added by Stats. 2014, Ch. 860, Sec. 3. (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 1 - General Provisions and Definitions › Section 5362.

5362. With respect to a motor vehicle used in the transportation of persons for compensation by a charter-party carrier of passengers, “owner” means the corporation or person who is registered with the Department of Motor Vehicles as the owner of the vehicle, or who has a legal right to possession of the vehicle pursuant to a lease or rental agreement.
(Added by Stats. 1988, Ch. 1093, Sec. 11.)
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 1 - General Provisions and Definitions › Section 5363.

5363. (a) Any provision of the Public Utilities Act (Part 1 (commencing with Section 201) of Division 1) or of this chapter applicable to charter bus transportation that conflicts with the federal Transportation Equity Act for the 21st Century (P.L. 105-178) does not apply to charter bus transportation to the extent of that conflict. If any provision of the Public Utilities Act or of this chapter applicable to charter bus transportation, or the application thereof to any person or circumstance, is invalid as a result of federal preemption, the remainder of the act, or the application of the provision to other persons or circumstances, shall not be affected thereby.
(b) (1) Except as specified in paragraph (2), as used in this section, “charter bus transportation” means transportation, using a vehicle designed, used, or maintained for carrying more than 10 persons, including the driver, of a group of persons who, pursuant to a common purpose, under a single contract, at a fixed charge for the motor vehicle, have acquired the exclusive use of the motor vehicle to travel together.
(2) If a federal court or agency with the jurisdiction to construe Section 14501(a)(1)(C) of Title 49 of the United States Code determines that additional transportation falls within the meaning of the term “charter bus transportation,” as used in that section, the federal construction of that term shall prevail.
(Added by Stats. 1999, Ch. 1005, Sec. 89. Effective January 1, 2000.)
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 2 - Authorization to Operate as a Charter-Party Carrier of Passengers › Section 5371.

5371. No charter-party carrier of passengers excepting transit districts, transit authorities or cities owning and operating local transit systems themselves or through wholly owned nonprofit corporations shall engage in transportation services made subject to this chapter without first having obtained from the commission a certificate that public convenience and necessity require the operation, except that certain specific transportation services as defined in Section 5384 may be conducted under authority of a permit issued by the commission.
(Amended by Stats. 1988, Ch. 324, Sec. 1.)
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 2 - Authorization to Operate as a Charter-Party Carrier of Passengers › Section 5371.1.

5371.1. (a) No charter-party carrier of passengers issued a class A certificate subject to this section shall be restricted as to point of origin or destination in the State of California.
(b) Every application for a certificate or permit, or renewal thereof, shall be accompanied by the appropriate fee as specified in Section 5373.1.
(Amended by Stats. 1994, Ch. 456, Sec. 1. 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 2 - Authorization to Operate as a Charter-Party Carrier of Passengers › Section 5371.2.

5371.2. (a) All holders of certificates issued under this section shall operate from a service area to be determined by the commission. In no case shall this area encompass more than a radius of 125 air miles from the home terminal. The home terminal shall be designated by the applicant. This certificate shall be classified as a class B certificate. This section shall not apply to certificates subject to Section 5371.1.
(b) The restriction on a service area imposed by subdivision (a) does not apply to the holder of a class B certificate if that person is providing charter bus transportation as defined in subdivision (b) of Section 5363.
(Amended by Stats. 1999, Ch. 1005, Sec. 89.2. Effective January 1, 2000.)
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 2 - Authorization to Operate as a Charter-Party Carrier of Passengers › Section 5371.3.

5371.3. A class C certificate holder is one who provides transportation services incidental to commercial balloon operations, commercial river rafting, or skiing. This section does not apply to certificates issued under Section 5371.1 or 5371.2.
(Amended by Stats. 1993, Ch. 125, Sec. 3. 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 2 - Authorization to Operate as a Charter-Party Carrier of Passengers › Section 5371.4.

5371.4. (a) The governing body of any city, county, or city and county may not impose a fee on charter-party carriers operating limousines. However, the governing body of any city, county, or city and county may impose a business license fee on, and may adopt and enforce any reasonable rules and regulations pertaining to operations within its boundaries for, any charter-party carrier domiciled or maintaining a business office within that city, county, or city and county.
(b) The governing body of any airport may not impose vehicle safety, vehicle licensing, or insurance requirements on charter-party carriers operating limousines that are more burdensome than those imposed by the commission. However, the governing board of any airport may require a charter-party carrier operating limousines to obtain an airport permit for operating authority at the airport.
(c) Notwithstanding subdivisions (a) and (b), the governing body of any airport may adopt and enforce reasonable and nondiscriminatory local airport rules, regulations, and ordinances pertaining to access, use of streets and roads, parking, traffic control, passenger transfers, trip fees, and occupancy, and the use of buildings and facilities, that are applicable to charter-party carriers operating limousines on airport property.
(d) This section does not apply to any agreement entered into pursuant to Sections 21690.5 to 21690.9, inclusive, between the governing body of an airport and charter-party carriers operating limousines.
(e) The governing body of any airport shall not impose a fee based on gross receipts of charter-party carriers operating limousines.
(f) Notwithstanding subdivisions (a) to (e), inclusive, nothing in this section prohibits a city, county, city and county, or the governing body of any airport, from adopting and enforcing reasonable permit requirements, fees, rules, and regulations applicable to charter-party carriers of passengers other than those operating limousines.
(g) Notwithstanding subdivisions (a) to (e), inclusive, a city, county, or city and county may impose reasonable rules for the inspection of waybills of charter-party carriers of passengers operating within the jurisdiction of the city, county, or city and county, for purposes of verifying valid prearranged travel.
(h) For the purposes of this section, “limousine” includes any sedan or sport utility vehicle, of either standard or extended length, with a seating capacity of not more than 10 passengers including the driver, used in the transportation of passengers for hire on a prearranged basis within this state.
(Amended by Stats. 2016, Ch. 842, Sec. 51. (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 2 - Authorization to Operate as a Charter-Party Carrier of Passengers › Section 5371.5.

5371.5. (a) Upon receipt of a complaint containing sufficient information to warrant conducting an investigation, the commission shall investigate any business that advertises limousine-for-hire or passenger charter transportation service for compensation in motor vehicles. The commission shall, in a rulemaking or other appropriate procedure, adopt criteria that establishes the type of information, if contained in a complaint, that is sufficient to warrant an investigation. Pursuant to this investigation, the commission shall do all of the following:
(1) Determine which businesses, if any, are required to have in effect a passenger charter-party carrier certificate or permit pursuant to Section 5371 but do not have the required certificate or permit.
(2) Inform any business not having a required certificate or permit that it is in violation of law.
(3) Within 60 days of informing the business pursuant to paragraph (2), institute civil or criminal proceedings, or both, pursuant to Article 6 (commencing with Section 5411) or any other applicable law.
(b)  For the purposes of this section, “advertises” includes the undertaking of any action described in subdivision (b) of Section 5386.
(Amended by Stats. 2007, Ch. 701, Sec. 1. 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 2 - Authorization to Operate as a Charter-Party Carrier of Passengers › Section 5372.

5372. Applications for permits and certificates shall be in writing, verified under oath, and shall be in such form, contain such information, and be accompanied by such proof of service upon interested parties as the commission may require.
(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 2 - Authorization to Operate as a Charter-Party Carrier of Passengers › Section 5373.1.

5373.1. (a) Each application for a charter-party carrier of passengers certificate or permit shall be accompanied by a filing fee as follows:
(1) Class A certificates (new): one thousand five hundred dollars ($1,500).
(2) Class A certificates (renewal): one hundred dollars ($100).
(3) Class B certificates (new): one thousand dollars ($1,000).
(4) Class B certificates (renewal): one hundred dollars ($100).
(5) Class C certificates (new): one thousand dollars ($1,000).
(6) Class C certificates (renewal): one hundred dollars ($100).
(7) Permits (new): one thousand dollars ($1,000).
(8) Permits (renewal): one hundred dollars ($100).
(b) The commission shall also require each application to be accompanied by a fee to offset the cost of the charter-party carrier bus terminal inspections conducted by the Department of the California Highway Patrol. The fee shall be fifteen dollars ($15) per tour bus, as defined in Section 612 of the Vehicle Code, or a maximum of six thousand five hundred dollars ($6,500) for each operating carrier.
(c) The commission shall require each charter-party carrier that operates tour buses, as defined in Section 612 of the Vehicle Code, to undergo an annual bus terminal inspection conducted by the Department of the California Highway Patrol and to pay an annual fee of fifteen dollars ($15) per tour bus, or a maximum of six thousand five hundred dollars ($6,500), to offset the cost of the inspections.
(d) The commission shall deposit the fees collected pursuant to subdivisions (b) and (c) in the Motor Vehicle Account in the State Transportation Fund to cover the costs of the inspections conducted by the department as specified in subdivisions (b) and (c).
(Amended by Stats. 2014, Ch. 860, Sec. 4. (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 2 - Authorization to Operate as a Charter-Party Carrier of Passengers › Section 5373.5.

5373.5. The commission shall not issue or authorize the transfer of any certificate or permit under this chapter to any person or corporation against whom a final judgment has been entered and whose name has been transmitted to the commission pursuant to Section 3716.4 of the Labor Code, unless that judgment has been satisfied or has been discharged in accordance with the bankruptcy laws of the United States.
(Added by Stats. 1991, Ch. 1071, Sec. 11.)
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 2 - Authorization to Operate as a Charter-Party Carrier of Passengers › Section 5374.5.

5374.5. (a) At the time of each bus terminal inspection conducted by the Department of the California Highway Patrol pursuant to subdivision (c) of Section 34501 of the Vehicle Code, every charter-party carrier of passengers shall furnish both the Department of the California Highway Patrol and the commission a list, prepared under oath, of all vehicles used in transportation for compensation during the period since the last inspection. The commission shall furnish a copy of the list to the carrier’s insurer, if the carrier’s accident liability protection is provided by a policy of insurance. This subdivision does not apply to 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.
(b) If the charter-party carrier’s insurer informs the commission that the carrier has failed to obtain insurance coverage for any vehicle reported on the list, the commission may, in addition to any other penalty provided in this chapter, for a first occurrence, suspend the carrier’s certificate or permit or impose a fine, or both, and for a second or subsequent occurrence may suspend or revoke the certificate or impose a fine, or both.
(Amended by Stats. 2010, Ch. 472, Sec. 5. (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 2 - Authorization to Operate as a Charter-Party Carrier of Passengers › Section 5374.6.

5374.6. Every charter-party carrier earning over three hundred fifty thousand dollars ($350,000) in annual gross operating revenue shall, under oath, file annually a report indicating the number, classification, and compensation of all employees and owner-operator drivers hired or engaged during the reporting period. The commission shall submit a copy of the report to the administrator of the carrier’s workers’ compensation self-insurance plan if the carrier is self-insured, or to the carrier’s workers’ compensation insurer if the carrier’s workers’ compensation protection is provided by a policy or policies of insurance. The commission shall not be obligated to undertake an independent investigation of the adequacy of workers’ compensation insurance coverage based on the information contained in the report, if the carrier has complied with Section 5378.1.
(Added by Stats. 1989, Ch. 1240, Sec. 5.)
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 2 - Authorization to Operate as a Charter-Party Carrier of Passengers › Section 5375.

5375. The commission may, with or without hearing, issue or refuse to issue a permit or certificate. If the commission finds that public convenience and necessity require the proposed transportation service and the applicant possess satisfactory fitness and financial responsibility to initiate and conduct the proposed transportation services, and will faithfully comply with the rules and regulations adopted by the commission with respect thereto, it shall issue the permit or certificate to conduct the requested operations, or may issue it for the partial exercise of the privilege sought, and may attach to the permit or certificate such terms and conditions as, in its judgment, are required in the public interest; provided also that the permit or certificate shall not require the filing or publication of time schedules or tariffs. The fact that the applicant for the certificate is, or may later become a holder of a certificate of public convenience and necessity as a passenger stage corporation issued pursuant to the provisions of Article 2 (commencing with Section 1031), Chapter 5, Part 1, Division 1, of this code shall not be deemed inconsistent with the provisions of this section, and such dual authority may be authorized.
(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 2 - Authorization to Operate as a Charter-Party Carrier of Passengers › Section 5376.

5376. A permit or certificate, or renewal thereof, is effective for three years, unless suspended or revoked by the commission.
(Amended by Stats. 1988, Ch. 324, Sec. 6.)
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 2 - Authorization to Operate as a Charter-Party Carrier of Passengers › Section 5377.

5377. No permit issued pursuant to this article, or rights to conduct any of the services therein authorized, shall be sold, leased, or assigned, or otherwise transferred or encumbered.
(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 2 - Authorization to Operate as a Charter-Party Carrier of Passengers › Section 5377.1.

5377.1. No certificate issued pursuant to, or rights to conduct any of the services authorized by, this article shall be sold, leased, or assigned, or otherwise transferred or encumbered, unless authorized by the commission. A filing fee of three hundred dollars ($300) shall accompany all applications.
(Amended by Stats. 1987, Ch. 660, Sec. 3.)
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 2 - Authorization to Operate as a Charter-Party Carrier of Passengers › Section 5378.1.

5378.1. (a) Beginning July 1, 1990, and continuing thereafter, every charter-party carrier shall file with the commission one of the following:
(1) A certificate of workers’ compensation coverage for its employees issued by an admitted insurer.
(2) A certification of consent to self-insure issued by the Director of Industrial Relations.
(3) A statement under penalty of perjury, stating that, in its operations as a charter-party carrier, it does not employ any person in any manner so as to become subject to the workers’ compensation laws of this state.
(b) The workers’ compensation certified to under paragraph (1) of subdivision (a) shall be effective until canceled. Cancellation shall require 30 days’ advance notice.
(c) If, after filing the statement described in paragraph (3) of subdivision (a), the carrier becomes subject to the workers’ compensation laws of this state, the carrier shall promptly notify the commission that the carrier is withdrawing its statement under paragraph (3) of subdivision (a), and shall simultaneously file the certificate described in either paragraph (1) or (2) of subdivision (a).
(d) The commission may adopt rules and regulations that it determines to be necessary to carry out this section.
(Added by Stats. 1989, Ch. 1240, Sec. 6.)
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 2 - Authorization to Operate as a Charter-Party Carrier of Passengers › Section 5378.6.

5378.6. (a) The commission shall deny a new or renewal application for a charter-party carrier certificate or permit upon receipt of a written recommendation from the Department of the California Highway Patrol that specifically indicates compliance with subdivision (b), and indicates that the applicant has failed to do either of the following:
(1) Maintain any vehicle used in transportation for compensation in a safe operating condition or to comply with the Vehicle Code or the regulations contained in Title 13 of the California Code of Regulations relative to motor carrier safety. This paragraph does not apply to 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.
(2) Enroll all drivers in the Department of Motor Vehicles’ Employer Pull Notice Program implementing Section 1808.1 of the Vehicle Code.
(b) Before transmitting a recommendation pursuant to subdivision (a) to the commission, the Department of the California Highway Patrol shall notify the applicant for the charter-party carrier certificate or permit of all of the following in writing:
(1) That the department has determined that the applicant’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 denial of the applicant’s certificate or permit by the commission.
(3) That the applicant may request a review of the determination by the department within five days of its receipt of the notice required under this subdivision. The department shall, upon request, conduct and evaluate that review prior to transmitting any notification to the commission pursuant to subdivision (a).
(c) Whenever the commission denies an application for renewal pursuant to subdivision (a), the commission shall furnish the charter-party carrier written notice of the denial and shall hold a hearing within a reasonable time, not to exceed 21 days, after a written request is filed with the commission, with a copy thereof furnished to the Department of the California Highway Patrol. At the hearing, the carrier shall show cause why the denial was improper or unwarranted. At the conclusion of the hearing, the commission may, in addition to any other remedy provided in this part, reverse the denial, or sustain the denial.
(d) Any applicant for a charter-party carrier certificate or permit denied pursuant to subdivision (a), whose denial has not been reversed as a result of the hearing provided for in subdivision (c), that wishes to obtain a certificate or permit shall reapply for the desired authority.
(Amended by Stats. 2010, Ch. 472, Sec. 7. (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 2 - Authorization to Operate as a Charter-Party Carrier of Passengers › Section 5378.7.

5378.7. (a) Upon receipt of a stop order issued by the Director of Industrial Relations pursuant to Section 3710.1 of the Labor Code, the commission shall investigate to determine whether the charter-party carrier of passengers has filed a false statement relative to workers’ compensation insurance coverage, in violation of statute, or rules or orders of the commission. If, after notice and opportunity to be heard, the commission determines that there has been a violation of statute, or rules or orders of the commission, the commission shall impose appropriate penalties, which may include a fine and suspension of operating authority for a violation.
(b) Upon receipt of a complaint from the Director of Industrial Relations, that a final judgment has been entered against any charter-party carrier of passengers as a result of an award having been made to an employee pursuant to Section 3716.2 of the Labor Code, the commission shall, 30 days from the date the carrier is mailed the notice, revoke the carrier’s permit unless the judgment has been satisfied or has been discharged in accordance with the bankruptcy laws of the United States or the carrier requests a hearing pursuant to subdivision (c).
(c) Within seven days of receipt of a complaint from the Director of Industrial Relations that a final judgment has been entered against any charter-party carrier of passengers as a result of an award having been made to an employee pursuant to Section 3716.2 of the Labor Code, the commission shall furnish the carrier named in the final judgment written notice of the right to a hearing regarding the complaint and the procedure to follow to request a hearing. The notice shall state that the commission must revoke the carrier’s permit to operate pursuant to subdivision (b) after 30 days from the date the notice is mailed unless the carrier provides proof that the judgment is satisfied or has been discharged in accordance with the bankruptcy laws of the United States and the commission has been so notified seven days prior to the conclusion of the 30-day waiting period. The notice shall also inform the carrier of a right to a hearing and the procedures to follow to request a hearing. The carrier shall have 10 days from the date the notice is sent by the commission to request a hearing. The request for the hearing shall stay the revocation. The hearing shall be held within 30 days of the receipt of the request. If the commission finds that an unsatisfied judgment exists concerning a debt arising under Section 3717 of the Labor Code, the commission shall immediately revoke the carrier’s permit.
(Added by Stats. 1991, Ch. 1071, Sec. 12.)
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 2 - Authorization to Operate as a Charter-Party Carrier of Passengers › Section 5379.

5379. After the cancellation or revocation of a permit or certificate, or during the period of its suspension, or after the expiration of its permit or certificate, it is unlawful for a charter-party carrier of passengers to conduct any operations as a carrier. The commission may either grant or deny an application for a new permit or certificate whenever it appears that a prior permit or certificate of the applicant has been canceled or revoked pursuant to Section 5378 or whenever it appears, after hearing, that as a prior permit or certificate holder, the applicant engaged in any of the unlawful activities set forth in Section 5378 for which his or her permit or certificate might have been canceled or revoked.
(Amended by Stats. 1990, Ch. 1014, Sec. 2.)
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 2 - Authorization to Operate as a Charter-Party Carrier of Passengers › Section 5379.5.

5379.5. The commission may, on a complaint alleging that any corporation or person is operating as a charter-party carrier of passengers without a valid certificate or permit in violation of this chapter, or on its own motion without a complaint, with or without notice of a hearing, order the corporation or person so operating to cease and desist from that operation until the commission makes and files its decision in the matter or until further order of the commission.
(Added by Stats. 1987, Ch. 378, Sec. 3.)
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.

5381. To the extent that such is not inconsistent with the provisions of this chapter, the commission may supervise and regulate every charter-party carrier of passengers in the State and may do all things, whether specifically designated in this part, or in addition thereto, which are necessary and convenient in the exercise of such power and jurisdiction.
(Added by Stats. 1961, Ch. 2146.)