Bill Text: CA AB636 | 2009-2010 | Regular Session | Chaptered
Bill Title: Charter-party carriers: busdrivers.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2009-10-11 - Chaptered by Secretary of State - Chapter 248, Statutes of 2009. [AB636 Detail]
Download: California-2009-AB636-Chaptered.html
BILL NUMBER: AB 636 CHAPTERED
BILL TEXT
CHAPTER 248
FILED WITH SECRETARY OF STATE OCTOBER 11, 2009
APPROVED BY GOVERNOR OCTOBER 11, 2009
PASSED THE SENATE SEPTEMBER 9, 2009
PASSED THE ASSEMBLY SEPTEMBER 10, 2009
AMENDED IN SENATE SEPTEMBER 4, 2009
AMENDED IN SENATE SEPTEMBER 1, 2009
AMENDED IN SENATE JULY 16, 2009
AMENDED IN SENATE JUNE 26, 2009
AMENDED IN SENATE JUNE 23, 2009
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Member Jones
(Coauthors: Assembly Members Lieu and Salas)
FEBRUARY 25, 2009
An act to amend Section 5387 of, and to add Section 5387.3 to, the
Public Utilities Code, and to amend Sections 1803 and 13369 of, and
to add Section 14602.9 to, the Vehicle Code, relating to
charter-party carriers.
LEGISLATIVE COUNSEL'S DIGEST
AB 636, Jones. Charter-party carriers: busdrivers.
(1) The Passenger Charter-Party Carriers Act, with certain
exceptions, prohibits a charter-party carrier of passengers from
engaging in transportation services subject to regulation by the
Public Utilities Commission without obtaining a specified certificate
or permit, as appropriate, from the commission. The act makes it
unlawful, among other things, for the owner of a charter-party
carrier of passengers to permit the operation of any vehicle upon any
public highway for compensation without having obtained from the
commission a certificate or permit, as specified, pursuant to the
act.
This bill would require the commission to permanently revoke the
authority to operate a charter-party carrier or to permanently bar
from receiving a permit or certificate from the commission a
charter-party carrier that, among other things, operates a bus
without having been issued a permit from the commission, operates a
bus with a permit that was suspended by the commission for specified
reasons, has one or more buses improperly registered with the
Department of Motor Vehicles, or knowingly employs a busdriver who
has not been issued the required driver's license of the proper
class, a passenger vehicle endorsement, or the required certificate
to drive a bus. The bill also would suspend for a period of 5 years a
person who drives a bus for a charter-party carrier without having
been issued the proper driver's license of the proper class,
passenger vehicle endorsement, or the required certificate from
driving a bus of any kind. The bill would require the Department of
Motor Vehicles to refuse to issue or renew, or to suspend or revoke,
that person's passenger vehicle endorsement and would provide that
such a person would be ineligible for a passenger vehicle endorsement
that would permit him or her to drive a bus, as defined, for 5
years.
The bill would also authorize a charter-party carrier subject to
the bar described above, that has received a notice of refusal or
revocation of its permit to operate pursuant to these provisions, to
submit a written request for a specified hearing within 15 days after
the mailing of the notice.
The bill would authorize an officer of the Department of the
California Highway Patrol to impound a bus of a charter-party carrier
that is operating a bus without having been issued a permit or
certificate from the commission, operates a bus with a suspended
permit or certificate from the commission, or is operating a bus that
is being driven by a driver to whom the appropriate driver's license
of the proper class, a passenger vehicle endorsement, or the
required certificate has not been issued. The bill would also
prohibit the commission from issuing a new permit or certificate to
operate a charter-party carrier if an officer, director, or owner of
that charter-party carrier was an officer, director, or owner of a
charter-party carrier that had its authority to operate as a
charter-party carrier permanently revoked by the commission or was
permanently barred from receiving a permit or certificate from the
commission pursuant to these provisions.
(2) Under existing law, a violation of the Passenger Charter-Party
Carriers Act, or a violation of an order or direction of the
commission issued pursuant to the act, is a crime.
Because the provisions of this bill would be a part of the act and
because a violation of those provisions or of an order or decision
of the commission implementing those provisions would be a crime, the
bill would impose a state-mandated local program by creating new
crimes.
(3) Existing law requires the clerk of a court in which a person
was convicted of a violation of the Vehicle Code to prepare within 5
days after conviction and immediately forward to the Department of
Motor Vehicles an abstract of the record of the court covering the
case in which the person was so convicted.
This bill would expand the Vehicle Code violations that the clerk
of a court is required to report to the department to include
violations of specified provisions of the Public Utilities Code,
which include driving a bus for a charter-party carrier without
having a current and valid driver's license of the proper class, a
passenger vehicle endorsement, or the required certificate, as
specified.
(4) This bill would incorporate additional changes in Section 1803
of the Vehicle Code proposed by AB 134, that would become operative
only if AB 134 and this bill are both chaptered and become effective
on or before January 1, 2010, and this bill is chaptered last.
(5) This bill would become operative only if AB 951 of the
2009-10 Regular Session is enacted and becomes operative on or before
January 1, 2010.
(6) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5387 of the Public Utilities Code is amended to
read:
5387. (a) It is unlawful for the owner of a charter-party carrier
of passengers to permit the operation of a vehicle upon a public
highway for compensation without (1) having obtained from the
commission a certificate or permit pursuant to this chapter, (2)
having complied with the vehicle identification requirements of
Section 5385, 5385.5, or 5385.6, and (3) having complied with the
accident liability protection requirements of Section 5391.
(b) A person who drives a bus for a charter-party carrier without
having a current and valid driver's license of the proper class, a
passenger vehicle endorsement, or the required certificate shall be
suspended from driving a bus of any kind, including, but not limited
to, a bus, schoolbus, school pupil activity bus, or transit bus, with
passengers for a period of five years pursuant to Section 13369 of
the Vehicle Code.
(c) (1) A charter-party carrier shall have its authority to
operate as a charter-party carrier permanently revoked by the
commission or be permanently barred from receiving a permit or
certificate from the commission if it commits any of the following
acts:
(A) Operates a bus without having been issued a permit or
certificate from the commission.
(B) Operates a bus with a permit that was suspended by the
commission pursuant to Section 5378.5.
(C) Commits three or more liability insurance violations within a
two-year period for which it has been cited.
(D) Operates a bus with a permit that was suspended by the
commission during a period that the charter-party carrier's liability
insurance lapsed for which it has been cited.
(E) Knowingly employs a busdriver who does not have a current and
valid driver's license of the proper class, a passenger vehicle
endorsement, or the required certificate to drive a bus.
(F) Has one or more buses improperly registered with the
Department of Motor Vehicles.
(2) The commission shall not issue a new permit or certificate to
operate as a charter-party carrier if any officer, director, or owner
of that charter-party carrier was an officer, director, or owner of
a charter-party carrier that had its authority to operate as a
charter-party carrier permanently revoked by the commission or that
was permanently barred from receiving a permit or certificate from
the commission pursuant to this subdivision.
(d) An officer of the Department of the California Highway Patrol
may impound a bus of a charter-party carrier for 30 days pursuant to
Section 14602.9 of the Vehicle Code if the officer determines that
any of the following violations occurred while the bus driver was
operating the bus of a charter-party carrier:
(1) The driver was operating the bus of a charter-party carrier
when the charter-party carrier did not have a permit or certificate
issued by the commission.
(2) The driver was operating the bus of a charter-party carrier
when the charter-party carrier was operating the bus with a suspended
permit or certificate from the commission.
(3) The driver was operating the bus of a charter-party carrier
without having a current and valid driver's license of the proper
class, a passenger vehicle endorsement, or the required certificate.
SEC. 2. Section 5387.3 is added to the Public Utilities Code, to
read:
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.
SEC. 3. Section 1803 of the Vehicle Code is amended to read:
1803. (a) (1) The clerk of a court in which a person was
convicted of a violation of this code, was convicted of a violation
of subdivision (a), (b), (c), (d), (e), or (f) of Section 655 of the
Harbors and Navigation Code pertaining to a mechanically propelled
vessel but not to manipulating any water skis, an aquaplane, or
similar device, was convicted of a violation of Section 655.2, 655.6,
658, or 658.5 of the Harbors and Navigation Code, a violation of
subdivision (a) of Section 192.5 of the Penal Code, or a violation of
subdivision (b) of Section 5387 of the Public Utilities Code, was
convicted of an offense involving use or possession of controlled
substances under Division 10 (commencing with Section 11000) of the
Health and Safety Code, was convicted of a felony offense when a
commercial motor vehicle, as defined in subdivision (b) of Section
15210, was involved in or incidental to the commission of the
offense, or was convicted of a violation of any other statute
relating to the safe operation of vehicles, shall prepare within 5
days after conviction and immediately forward to the department at
its office at Sacramento an abstract of the record of the court
covering the case in which the person was so convicted. If sentencing
is not pronounced in conjunction with the conviction, the abstract
shall be forwarded to the department within 5 days after sentencing
and the abstract shall be certified by the person so required to
prepare it to be true and correct.
(2) For the purposes of this section, a forfeiture of bail shall
be equivalent to a conviction.
(b) The following violations are not required to be reported under
subdivision (a):
(1) Division 3.5 (commencing with Section 9840).
(2) Section 21113, with respect to parking violations.
(3) Chapter 9 (commencing with Section 22500) of Division 11,
except Section 22526.
(4) Division 12 (commencing with Section 24000), except Sections
24002, 24004, 24250, 24409, 24604, 24800, 25103, 26707, 27151, 27315,
27360, 27800, and 27801 and Chapter 3 (commencing with Section
26301).
(5) Division 15 (commencing with Section 35000), except Chapter 5
(commencing with Section 35550).
(6) Violations for which a person was cited as a pedestrian or
while operating a bicycle or a motorized scooter.
(7) Division 16.5 (commencing with Section 38000), except Section
38301.3.
(8) Subdivision (b) of Section 23221, subdivision (b) of Section
23223, subdivision (b) of Section 23225, and subdivision (b) of
Section 23226.
(c) If the court impounds a license, or orders a person to limit
his or her driving pursuant to subdivision (d) of Section 40508, the
court shall notify the department concerning the impoundment or
limitation on an abstract prepared pursuant to subdivision (a) of
this section or on a separate abstract, that shall be prepared within
5 days after the impoundment or limitation was ordered and
immediately forwarded to the department at its office in Sacramento.
(d) If the court determines that a prior judgment of conviction of
a violation of Section 23152 or 23153 is valid or is invalid on
constitutional grounds pursuant to Section 41403, the clerk of the
court in which the determination is made shall prepare an abstract of
that determination and forward it to the department in the same
manner as an abstract of record pursuant to subdivision (a).
(e) Within 5 days of an order terminating or revoking probation
under Section 23602, the clerk of the court in which the order
terminating or revoking probation was entered shall prepare and
immediately forward to the department at its office in Sacramento an
abstract of the record of the court order terminating or revoking
probation and any other order of the court to the department required
by law.
SEC. 3.5. Section 1803 of the Vehicle Code is amended to read:
1803. (a) (1) The clerk of a court in which a person was
convicted of a violation of this code, was convicted of a violation
of subdivision (a), (b), (c), (d), (e), or (f) of Section 655 of the
Harbors and Navigation Code pertaining to a mechanically propelled
vessel but not to manipulating any water skis, an aquaplane, or
similar device, was convicted of a violation of Section 655.2, 655.6,
658, or 658.5 of the Harbors and Navigation Code, or a violation of
subdivision (a) of Section 192.5 of the Penal Code, or a violation of
subdivision (b) of Section 5387 of the Public Utilities Code, was
convicted of an offense involving use or possession of controlled
substances under Division 10 (commencing with Section 11000) of the
Health and Safety Code, was convicted of a felony offense when a
commercial motor vehicle, as defined in subdivision (b) of Section
15210, was involved in or incidental to the commission of the
offense, or was convicted of a violation of any other statute
relating to the safe operation of vehicles, shall prepare within 5
days after conviction and immediately forward to the department at
its office at Sacramento an abstract of the record of the court
covering the case in which the person was so convicted. If sentencing
is not pronounced in conjunction with the conviction, the abstract
shall be forwarded to the department within 5 days after sentencing
and the abstract shall be certified by the person so required to
prepare it to be true and correct.
(2) For the purposes of this section, a forfeiture of bail shall
be equivalent to a conviction.
(b) The following violations are not required to be reported under
subdivision (a):
(1) Division 3.5 (commencing with Section 9840).
(2) Section 21113, with respect to parking violations.
(3) Chapter 9 (commencing with Section 22500) of Division 11,
except Section 22526.
(4) Division 12 (commencing with Section 24000), except Sections
24002, 24004, 24250, 24409, 24604, 24800, 25103, 26707, 27151, 27315,
27360, 27800, and 27801 and Chapter 3 (commencing with Section
26301).
(5) Division 15 (commencing with Section 35000), except Chapter 5
(commencing with Section 35550).
(6) Violations for which a person was cited as a pedestrian or
while operating a bicycle or a motorized scooter.
(7) Division 16.5 (commencing with Section 38000), except Sections
38301, 38301.3, 38301.5, 38304.1, and 38504.1.
(8) Subdivision (b) of Section 23221, subdivision (b) of Section
23223, subdivision (b) of Section 23225, and subdivision (b) of
Section 23226.
(c) If the court impounds a license or orders a person to limit
his or her driving pursuant to subdivision (d) of Section 40508, the
court shall notify the department concerning the impoundment or
limitation on an abstract prepared pursuant to subdivision (a) of
this section or on a separate abstract, that shall be prepared within
5 days after the impoundment or limitation was ordered and
immediately forwarded to the department at its office in Sacramento.
(d) If the court determines that a prior judgment of conviction of
a violation of Section 23152 or 23153 is valid or is invalid on
constitutional grounds pursuant to Section 41403, the clerk of the
court in which the determination is made shall prepare an abstract of
that determination and forward it to the department in the same
manner as an abstract of record pursuant to subdivision (a).
(e) Within 5 days of an order terminating or revoking probation
under Section 23602, the clerk of the court in which the order
terminating or revoking probation was entered shall prepare and
immediately forward to the department at its office in Sacramento an
abstract of the record of the court order terminating or revoking
probation and any other order of the court to the department required
by law.
SEC. 4. Section 13369 of the Vehicle Code is amended to read:
13369. (a) This section applies to the following endorsements and
certificates:
(1) Passenger transportation vehicle.
(2) Hazardous materials.
(3) Schoolbus.
(4) School pupil activity bus.
(5) Youth bus.
(6) General public paratransit vehicle.
(7) Farm labor vehicle.
(8) Vehicle used for the transportation of developmentally
disabled persons.
(b) The department shall refuse to issue or renew, or shall
revoke, the certificate or endorsement of any person who meets the
following conditions:
(1) Within three years, has committed any violation that results
in a conviction assigned a violation point count of two or more, as
defined in Sections 12810 and 12810.5. The department may not refuse
to issue or renew, nor may it revoke, a person's hazardous materials
or passenger transportation vehicle endorsement if the violation
leading to the conviction occurred in the person's private vehicle
and not in a commercial motor vehicle, as defined in Section 15210.
(2) Within three years, has had his or her driving privilege
suspended, revoked, or on probation for any reason involving unsafe
operation of a motor vehicle. The department may not refuse to issue
or renew, nor may it revoke, a person's passenger transportation
vehicle endorsement if the person's driving privilege has, within
three years, been placed on probation only for any reason involving
unsafe operation of a motor vehicle.
(3) Notwithstanding paragraphs (1) and (2), does not meet the
qualifications for issuance of a hazardous materials endorsement set
forth in Parts 383, 384, and 1572 of Title 49 of the Code of Federal
Regulations.
(c) The department may refuse to issue or renew, or may suspend or
revoke, the certificate or endorsement of any person who meets any
of the following conditions:
(1) Within 12 months, has been involved as a driver in three
accidents in which the driver caused or contributed to the causes of
the accidents.
(2) Within 24 months, as a driver, caused or contributed to the
cause of an accident resulting in a fatality or serious injury or
serious property damage in excess of seven hundred fifty dollars
($750).
(3) Has violated any provision of this code, or any rule or
regulation pertaining to the safe operation of a vehicle for which
the certificate or endorsement was issued.
(4) Has violated any restriction of the certificate, endorsement,
or commercial driver's license.
(5) Has knowingly made a false statement or failed to disclose a
material fact on an application for a certificate or endorsement.
(6) Has been determined by the department to be a negligent or
incompetent operator.
(7) Has demonstrated irrational behavior to the extent that a
reasonable and prudent person would have reasonable cause to believe
that the applicant's ability to perform the duties of a driver may be
impaired.
(8) Excessively or habitually uses, or is addicted to, alcoholic
beverages, narcotics, or dangerous drugs.
(9) Does not meet the minimum medical standards established or
approved by the department.
(d) The department may cancel the certificate or endorsement of
any driver who meets any of the following conditions:
(1) Does not have a valid driver's license of the appropriate
class.
(2) Has requested cancellation of the certificate or endorsement.
(3) Has failed to meet any of the requirements for issuance or
retention of the certificate or endorsement, including, but not
limited to, payment of the proper fee, submission of an acceptable
medical report and fingerprint cards, and compliance with prescribed
training requirements.
(4) Has had his or her driving privilege suspended or revoked for
a cause involving other than the safe operation of a motor vehicle.
(e) (1) The department shall refuse to issue or renew, or shall
suspend or revoke, the passenger vehicle endorsement of a person who
violates subdivision (b) of Section 5387 of the Public Utilities
Code.
(2) A person found to be in violation of subdivision (b) of
Section 5387 of the Public Utilities Code shall be ineligible for a
passenger vehicle endorsement that would permit him or her to drive a
bus of any kind, including, but not limited to, a bus, schoolbus,
youth bus, school pupil activity bus, trailer bus, or a transit bus,
with passengers, for a period of five years.
(f) (1) Reapplication following refusal or revocation under
subdivision (b) or (c) may be made after a period of not less than
one year from the effective date of denial or revocation, except in
cases where a longer period of suspension or revocation is required
by law.
(2) Reapplication following cancellation under subdivision (d) may
be made at any time without prejudice.
SEC. 5. Section 14602.9 is added to the Vehicle Code, to read:
14602.9. (a) An officer of the Department of the California
Highway Patrol may impound a bus of a charter-party carrier for 30
days if the officer determines that any of the following violations
occurred while the bus driver was operating the bus of a
charter-party carrier:
(1) The driver was operating the bus of a charter-party carrier
when the charter-party carrier did not have a permit or certificate
issued by the Public Utilities Commission, pursuant to Section 5375
of the Public Utilities Code.
(2) The driver was operating the bus of a charter-party carrier
when the charter-party carrier was operating the bus with a suspended
permit or certificate from the Public Utilities Commission.
(3) The driver was operating the bus of a charter-party carrier
without having a current and valid driver's license of the proper
class, a passenger vehicle endorsement, or the required certificate.
(b) Within two working days after impoundment, the impounding
agency shall send a notice by certified mail, return receipt
requested, to the legal owner of the vehicle, at the address obtained
from the department, informing the owner that the vehicle has been
impounded. Failure to notify the legal owner within two working days
shall prohibit the impounding agency from charging for more than 15
day's impoundment when the legal owner redeems the impounded vehicle.
The impounding agency shall maintain a published telephone number
that provides information 24 hours a day regarding the impoundment of
vehicles and the rights of a registered owner to request a hearing.
(c) The registered and legal owner of a vehicle that is removed
and seized under subdivision (a) or his or her agent shall be
provided the opportunity for a storage hearing to determine the
validity of, or consider any mitigating circumstances attendant to,
the storage, in accordance with Section 22852.
(d) (1) The impounding agency shall release the vehicle to the
registered owner or his or her agent prior to the end of the
impoundment period under any of the following circumstances:
(A) When the vehicle is a stolen vehicle.
(B) When the vehicle is subject to bailment and is driven by an
unlicensed employee of a business establishment, including a parking
service or repair garage.
(C) When the driver of the vehicle is not the sole registered
owner of the vehicle and the vehicle is being released to another
registered owner of the vehicle who agrees not to allow the driver to
use the vehicle until after the end of the impoundment period and
the charter-party carrier has been issued a valid permit from the
Public Utilities Commission, pursuant to Section 5375 of the Public
Utilities Code.
(2) A vehicle shall not be released pursuant to this subdivision
without presentation of the registered owner's or agent's currently
valid driver's license to operate the vehicle and proof of current
vehicle registration, or upon order of a court.
(e) The registered owner or his or her agent is responsible for
all towing and storage charges related to the impoundment, and any
administrative charges authorized under Section 22850.5.
(f) A vehicle removed and seized under subdivision (a) shall be
released to the legal owner of the vehicle or the legal owner's agent
prior to the end of the impoundment period if all of the following
conditions are met:
(1) The legal owner is a motor vehicle dealer, bank, credit union,
acceptance corporation, or other licensed financial institution
legally operating in this state, or is another person who is not the
registered owner and holds a security interest in the vehicle.
(2) The legal owner or the legal owner's agent pays all towing and
storage fees related to the seizure of the vehicle. A lien sale
processing fee shall not be charged to the legal owner who redeems
the vehicle prior to the 10th day of impoundment. The impounding
authority or any person having possession of the vehicle shall not
collect from the legal owner of the type specified in paragraph (1),
or the legal owner's agent, any administrative charges imposed
pursuant to Section 22850.5 unless the legal owner voluntarily
requested a poststorage hearing.
(3) (A) The legal owner or the legal owner's agent presents either
lawful foreclosure documents or an affidavit of repossession for the
vehicle, and a security agreement or title showing proof of legal
ownership for the vehicle. All presented documents may be originals,
photocopies, or facsimile copies, or may be transmitted
electronically. The impounding agency shall not require a document to
be notarized. The impounding agency may require the agent of the
legal owner to produce a photocopy or facsimile copy of its
repossession agency license or registration issued pursuant to
Chapter 11 (commencing with Section 7500) of Division 3 of the
Business and Professions Code, or to demonstrate, to the satisfaction
of the impounding agency, that the agent is exempt from licensure
pursuant to Section 7500.2 or 7500.3 of the Business and Professions
Code.
(B) Administrative costs authorized under subdivision (a) of
Section 22850.5 shall not be charged to the legal owner of the type
specified in paragraph (1), who redeems the vehicle unless the legal
owner voluntarily requests a poststorage hearing. A city, county, or
state agency shall not require a legal owner or a legal owner's agent
to request a poststorage hearing as a requirement for release of the
vehicle to the legal owner or the legal owner's agent. The
impounding agency shall not require any documents other than those
specified in this paragraph. The impounding agency shall not require
any documents to be notarized.
(C) As used in this paragraph, "foreclosure documents" means an
"assignment" as that term is defined in subdivision (o) of Section
7500.1 of the Business and Professions Code.
(g) (1) A legal owner or the legal owner's agent who obtains
release of the vehicle pursuant to subdivision (f) may not release
the vehicle to the registered owner of the vehicle or any agents of
the registered owner, unless the registered owner is a rental car
agency, until after the termination of the impoundment period.
(2) The legal owner or the legal owner's agent shall not
relinquish the vehicle to the registered owner until the registered
owner or that owner's agent presents his or her valid driver's
license or valid temporary driver's license to the legal owner or the
legal owner's agent. The legal owner or the legal owner's agent
shall make every reasonable effort to ensure that the license
presented is valid.
(3) Prior to relinquishing the vehicle, the legal owner may
require the registered owner to pay all towing and storage charges
related to the impoundment and any administrative charges authorized
under Section 22850.5 that were incurred by the legal owner in
connection with obtaining custody of the vehicle.
(h) (1) A vehicle removed and seized under subdivision (a) shall
be released to a rental agency prior to the end of the impoundment
period if the agency is either the legal owner or registered owner of
the vehicle and the agency pays all towing and storage fees related
to the seizure of the vehicle.
(2) The owner of a rental vehicle that was seized under this
section may continue to rent the vehicle upon recovery of the
vehicle. However, the rental agency shall not rent another vehicle to
the driver of the vehicle that was seized until the impoundment
period has expired.
(3) The rental agency may require the person to whom the vehicle
was rented to pay all towing and storage charges related to the
impoundment and any administrative charges authorized under Section
22850.5 that were incurred by the rental agency in connection with
obtaining custody of the vehicle.
(i) Notwithstanding any other provision of this section, the
registered owner, and not the legal owner, shall remain responsible
for any towing and storage charges related to the impoundment, any
administrative charges authorized under Section 22850.5, and any
parking fines, penalties, and administrative fees incurred by the
registered owner.
(j) The impounding agency is not liable to the registered owner
for the improper release of the vehicle to the legal owner or the
legal owner's agent provided the release complies with this section.
(k) For the purposes of this section, a "bus" means a bus as
defined by Section 233 or a tour bus as defined by Section 612.
(l) For the purposes of this section, a "charter-party carrier"
means a charter-party carrier as defined by Section 5360 of the
Public Utilities Code.
SEC. 6. Section 3.5 of this bill incorporates amendments to
Section 1803 of the Vehicle Code proposed by this bill and AB 134. It
shall only become operative if (1) both bills are enacted and become
effective on or before January 1, 2010, (2) each bill amends Section
1803 of the Vehicle Code, and (3) this bill is enacted after AB 134,
in which case Section 3 of this bill shall not become operative.
SEC. 7. This act shall become operative only if Assembly Bill No.
951 of the 2009-10 Regular Session is enacted and becomes operative
on or before January 1, 2010.
SEC. 8. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a
crime within the meaning of Section 6 of
Article XIII B of the California Constitution.
