CPUC Rules and Regulations on Passenger Carriers

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1 CPUC Rules and Regulations on Passenger Carriers TRANSPORTATION ENFORCEMENT SECTION CONSUMER PROTECTION AND SAFETY DIVISION California Public Utilities Commission (CPUC)

2 TES General Info Mission Statement To ensure that passenger and household goods carriers operate in conformance with consumer protection and safety requirements and compete fairly in the marketplace by investigating and prosecuting carriers who violate the law. PUC Investigators status Designated under Penal Code Section May exercise the powers of arrest Serve search warrants Receive criminal history information from the Department of Justice. 2 2CPUC

3 Who Do We Regulate? Passenger carriers Limousines, airport shuttles, sightseeing services, charter and scheduled bus operators. Household Goods Carriers (commonly referred to as "movers" or "moving companies." Transport used household goods and personal effects (residential moves) 3 (Note: office moves only DMV jurisdiction) 3CPUC

4 Carriers Population Northern Unit Passenger Carriers 4,475 (All Status) 2,230 (Active and Suspended) Moving Companies 889 (All Status) 454 (Active and Suspended) Southern Unit Passenger Carriers 7,961 (All Status) 3,534 (Active and Suspended) Moving Companies 1,138 (All Status) 524 (Active and Suspended) 4 4CPUC

5 PASSENGER STAGE CORPORATION (PSC) Operates on a fixed route, scheduled service (scheduled bus operators), or an on-call, door-to-door "share-the-ride" service [airport shuttles] Provides transportation service to the general public on an individual fare basis. File tariffs setting forth their fares, the level of which is subject to Commission s oversight. Waybills are not required. 5 5CPUC

6 Sample PSC certificate (CPCN) 6 6CPUC

7 Sample PSC certificate (CPCN) 7 7CPUC

8 Sample PSC certificate (CPCN) 8 8CPUC

9 Sample PSC certificate (CPCN) 9 9CPUC

10 CHARTER-PARTY CARRIER (TCP) 10 Limos, airport shuttles, tour buses, sightseeing services, charters, party buses. Charters a vehicle, on a prearranged basis, for the exclusive use of an individual or group. Charges are based on mileage or time of use, or a combination of both. Level of charges is not regulated by PUC. Waybills are required. 10CPUC

11 Sample of TCP authority 11 11CPUC

12 Types of TCP 6 types of authorities subject to renewal ($100) every 3 years. Certificates - A, B, C (transferable) Class A statewide. No restrictions on seating capacity. Can charge individual fare only when performing round trip-sightseeing service. Class B restricted to 125 air-miles from terminal only if using a vehicle that does not meet definition of a bus (seating capacity of 11 or more). Class C transportation is incidental to commercial balloon operations, commercial river rafting or skiing. Permits - P, S, Z (non-transferable) Class P restricted to vehicles under 15-passenger seating capacity (i.e.14 passengers plus driver). Class S round trip sightseeing only. Passengers must be brought back to point of origin. Can charge individual fare (per head). Class Z specialized transportation services not offered to the general public [incidental to another business, under contract w/industrial & business firms, governmental agencies, & private schools; and transportation of agricultural workers to and from farms] CPUC

13 5353 Exemptions from TCP requirement (a) Transportation service rendered wholly within the corporate limits of a single city or city and county (SF) and licensed or regulated by ordinance. (b) Transportation of school pupils conducted by or under contract with the governing board of any school district entered into pursuant to the Education Code. (d) Transportation by employer of farm employees to and from farms, or by a nonprofit agricultural cooperative association, and at no cost to employees. (f) Passenger vehicles carrying passengers on a noncommercial (nonprofit) enterprise basis. (i) Vehicles used exclusively to provide medical transportation, including vehicles employed to transport developmentally disabled persons for regional centers CPUC

14 5353 Exemptions from TCP requirement (k) Subject to CVC , transportation service provided by rental car operator to shuttle its customers to or from its facility: vehicles owned or leased by that operator at no charge other than the automobile rental charges (l) Subject to CVC , transportation service provided by hotel, motel operator to shuttle its guests : between its facility and an air, rail, water, bus passenger terminal, any place of entertainment or commercial attraction, including, but not limited to, facilities providing snow skiing. vehicles owned or leased by hotel/motel operator without charge other than as may be included in lodging charges Cannot provide any round trip sightseeing service without a permit, as required by subdivision (c) of Section CPUC

15 5353 Exemptions from TCP requirement (n) (1) Transportation services incidental to operation of a youth camp that are provided by either a nonprofit organization that qualifies for tax exemption under Section 501(c)(3) of the Internal Revenue Code or an organization that operates an organized camp, as defined in Section of the Health and Safety Code, serving youth18 years of age or younger. Register as a private carrier pursuant to Section Participate in a pull notice system (CVC ) Undergo annual bus terminal inspection with CHP (CVC 34501). Carry general liability insurance coverage for vehicles Minimum range from $500K to $5M depending on seating capacity and whether youth camp or organized camp 15 15CPUC

16 Licensing Requirements Filing fee ($1,000 per authority except Class A - $1,500) File evidence of public liability (PLPD) insurance coverage. Minimum required (excluding driver): 7 passengers or less - $ 750,000 8 thru 15 passengers - $ 1.5 million 16 passengers or more - $ 5 million File evidence of workers compensation (WKCP) insurance coverage if engage workers. Participate in the DMV Employer Pull-Notice System. Participate in the PUC's (or FED s - 16 seats) drug and alcohol testing program. Undergo a CHP safety inspection (vehicle seating 11 or more including the driver.) 16 16CPUC

17 17 Regulatory Authorities Public Utilities Code Charter-Party Carriers Act ( ) 5411 any violation of this act is a misdemeanor. provides criminal, civil, and Commission-imposed administrative penalties for a violation, or aiding in the violation, of the Act. penalties per offense ranges between $1,000 and $5,000 (administrative, civil or criminal) misdemeanor offenses also provide for imprisonment in county jail (3 months - 1 year) Passenger Stage Corporations ( ) 1037 any violation of this chapter is a misdemeanor. Other provisions of law provides for penalties of $500 to $20,000 per offense for any public utility, which include PSC ( 2107). Household Goods Carriers Act ( ) Commission General Orders (115-F; 157-A; 157-D) 17CPUC

18 Waybill Requirement (TCP only GO 157-D) (h) - Driver shall show waybill to any PUC or airport enforcement officer, or any official of city, county, or city & county authorized to inspect waybills GO 157-D - Part Waybill shall show: 1. Carrier Name and TCP number. 2. Vehicle License plate number. 3. Driver s name. 4. Name & address of person requesting or arranging charter. 5. Time & date charter was arranged. 6. How charter was arranged [phone or written contract]. 7. Number of persons in charter. 8. Name of 1 passenger or traveling party. 9. Origin and Destination CPUC

19 Vehicle ID (GO 157-D/158-A) Part Carrier s name & vehicle number shall be displayed on each side of vehicle, readable at 50 feet in daylight. Exception: Vehicle leased < 30 days OR seats not more than 15 including driver. [PSC no exception provision on seating capacity] 19 19CPUC

20 TCP/PSC Number (GO 157-D/158-A) Part 4.04 PSC/TCP# (with/suffix) shall be shown in full on each side of vehicle readable at 50 feet in daylight. Exception for TCP only: Vehicle seats not more than 15 including driver, shall display on front & rear bumpers CPUC

21 Decal Requirement (GO 157-D) Part 4.05 Decals shall be displayed on lower right hand corner of rear bumper for vehicle seats not more than 8 persons including the driver. Vehicle seats 9-15 persons, including driver may display decal. No decal requirement for PSC CPUC

22 Livery Plate Requirement TCP only- (GO 157-D) Part 4.06 Livery plates shall be displayed in lieu of decals for any sedan or sport utility vehicle, of either standard or extended length, with seating capacity of not more than 10 including driver [ (i)]. Carrier shall remove plate & surrender to PUC upon cancellation, suspension or revocation of permit CPUC

23 Temporary Livery Plate Letter Temporary Decal Letter 23 23CPUC

24 Enforcement Tools Administrative Actions Cease and Desist Letter Official Notice Overcharge Letter Administrative Citation (up to $20,000 fine assessed) Order Instituting Investigation / Order To Show Cause (OII/OSC) Civil Actions Temporary Restraining Order / Injunction Telephone Disconnection Criminal Prosecutions 24 Joint efforts with law enforcement & regulatory agencies Joint inspection at airports and major area of interests Sting operations 24CPUC

25 License Status Check Transportation Tab; Passenger carriers 25 25CPUC

26 License Status Check 26 26CPUC

27 Evidence required to charge Waybills (take picture) Business cards Picture of driver, vehicle, driver CDL Vehicle information (License Plate, VIN#) Evidence of compensation (receipt, credit card slip) First hand observation of money exchanging hands (if possible) Narrative of interview of driver and passenger Fare charge/paid; Method of payment Pickup point Relationship between driver/passenger Who does driver work or drive for? 27 27CPUC

28 Vehicle Impound Provides that when a peace officer [as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code] (a) arrests a person for operation of a charter-party carrier of passengers without a valid certificate or permit, the officer may impound and retain possession of the vehicle. (d) 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 5411 without owner s knowledge and consent. Vehicle shall be returned to owner upon payment of any fine ordered by the court. If vehicle is seized due to a violation of a person other than owner of vehicle, the vehicle shall be returned to owner after all impoundment fees are paid. (f) No peace officer may impound any vehicle owned or operated by a nonprofit organization exempt pursuant to Section 501(c)(3) of the Internal Revenue Code, 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 CPUC

29 Bus Impound (a) Unlawful for owner of a TCP carrier to permit operation of vehicle without PUC authority. (c) (1) PUC shall permanently revoke authority or bar a carrier from receiving authority if carrier commits any of these: (A) Operates a bus without TCP authority. (B) Operates a bus with a suspended TCP for CHP suspension [ ]. (C) Cited for 3 or more public liability insurance violation within 2yr period. (D) Operates a bus w/suspended TCP & lapse in public liability insurance. (E) Knowingly employs a bus driver w/no valid CDL of proper class, passenger vehicle endorsement or required certificate. (F) Has 1 or more buses improperly registered w/dmv. (d) CHP officer may impound bus of TCP for 30 days [CVC ] if officer determines any of the following violations occurred while bus driver was operating bus: (1) Driver was operating bus without TCP authority. (2) Driver was operating bus w/ suspended TCP authority. (3) Driver was operating bus without current & valid CDL of proper class, a passenger vehicle endorsement or required certificate CPUC

30 Statutes to cite Operations all citations should also cite 5411 any violation of the Public Utilities Code is a misdemeanor Never held a permit with PUC 5371 charter-party carriers 1031 passenger stage corporation Permit is suspended, revoked, expired or denied charter-party carriers [TCP] 1045 passenger stage corporation [PSC] Advertising without a permit [Unlicensed, suspended, revoked, expired, denied] [TCP] [PSC] Forms of advertisements Business cards, waybills, flyers, websites, vehicles 30 30CPUC

31 Serving of alcohol The driver shall ascertain whether any passenger is under the age of 21 years. If any passenger is <21 years old, the driver shall read to the passengers a statement: consumption of any alcoholic beverage in the vehicle is unlawful alcoholic beverage may not be transported in the passenger compartment of vehicle alcoholic beverage is required to be carried in the trunk or other locked compartment if during the course of ride any minor is found or have been consuming any alcoholic beverage, contract will be terminated,& customer will be brought back to the point of origin of the ride. Driver shall require every passenger <21 years old to sign the statement. Limousine operator shall retain the signed statement for 3 years. Any failure of a driver to comply with this section that results in the conviction of the driver of a violation of CVC 23225, shall be subject to the penalties prescribed in PUC Notwithstanding any other provision of law, this section does not apply to the driver of any bus, taxicab, or van, and it does not prohibit a parent or legal guardian from consuming alcoholic beverages in a limousine for hire while accompanied by his or her minor children CPUC

32 TCP Z vs Private Carrier Company providing transportation incidental to its primary business, in which it receives compensation directly or indirectly : For Profit TCP Z Non profit Private carrier [Non profit exempt for TCP requirements (f) Passenger vehicles carrying passengers on a noncommercial enterprise basis] 32 32CPUC

33 What is a Private Carrier? Private Carriers of Passengers Registration Act [ 4000] A not-for-hire motor carrier, as defined in 408 of the Vehicle Code, who transports passengers and is required to obtain a carrier identification number pursuant to of the Vehicle Code, but does not include persons providing transportation services specified in subdivision (k) or (l) of 5353 of the Public Utilities Code [ 4001] 33 33CPUC

34 Types of Complaints - PSG 34 Unlicensed operations (border, airport, intercity) Advertisement Solicitation Workers Compensation No Airport permit Underinsured vehicles Service General Order (GO 157/158) violations 34CPUC

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