§ 1033.7. — 1033.7. (Amended by Stats. 1991, Ch. 928, Sec. 4.5.)

California § 1033.7.

• Jurisdiction: California
• Code PUC: Public Utilities Code - PUC
• Div. 1.: DIVISION 1. REGULATION OF PUBLIC UTILITIES
• Part 1.: PART 1. PUBLIC UTILITIES ACT
• Ch. 5.: CHAPTER 5. Certificates of Public Convenience and Necessity
• Art. 2.: ARTICLE 2. Passenger Stage Corporations

Text

(a)
Upon receipt of a written recommendation from the Department of the California Highway Patrol that the certificate of a passenger stage corporation be suspended either (1) for failure to maintain any vehicle used in transportation for compensation in a safe operating condition or to comply with the Vehicle Code or with regulations contained in Title 13 of the California Code of Regulations relative to motor carrier safety, if that failure is either a consistent failure or presents an imminent danger to public safety, or (2) for failure to enroll all drivers in the pull notice system as required by
Section 1808.1 of the Vehicle Code, the commission shall, pending a hearing in the matter pursuant to subdivision (d), suspend the corporation’s certificate. The department’s written recommendation shall specifically indicate compliance with subdivision (c).
(b)
A corporation whose certificate is suspended pursuant to subdivision (a) may obtain a reinspection of its terminal and vehicles by the department, by submitting a written request for reinstatement to the commission and paying a reinstatement fee of one hundred twenty-five dollars ($125). The commission shall deposit all reinstatement fees collected pursuant to this subdivision in the Public Utilities Commission Transportation Reimbursement Account. The commission shall forward a request for reinspection to the department which shall perform a reinspection within a reasonable time. The commission shall reinstate a corporation’s certificate suspended under subdivision (a) promptly upon
receipt of a written recommendation from the department that the corporation’s safety compliance has improved to the satisfaction of the department, unless the certificate is suspended for another reason or has been revoked.
(c)
Before transmitting a recommendation pursuant to subdivision (a) to the commission, the Department of the California Highway Patrol shall notify the passenger stage corporation in writing of all of the following:
(1)
That the department has determined that the corporation’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 suspension or revocation of the corporation’s certificate by the commission.
(3)
That the corporation may request a review of the determination by the department within five days of its receipt of the notice required under this subdivision. If a review pursuant to this paragraph is requested by the corporation, the department shall conduct and evaluate that review prior to transmitting any notification to the commission pursuant to subdivision (a).
(d)
Whenever the commission suspends the certificate of any passenger stage corporation pursuant to subdivision (a), the commission shall furnish the corporation written notice of the suspension and shall hold a hearing within a reasonable time, not to exceed 21 days, after a written request therefor is filed with the commission, with a copy thereof furnished to the Department of the California Highway Patrol. At the hearing, the corporation shall show cause why the suspension should not be continued. At the conclusion of the hearing, the commission may, in
addition to any other applicable penalty provided in this part, terminate the suspension, continue the suspension in effect, or revoke the certificate. The commission may revoke the certificate of any passenger stage corporation suspended pursuant to subdivision (a) at any time 90 days or more after its suspension if the commission has not received a written recommendation for reinstatement from the department and the corporation has not filed a written request for a hearing with the commission.
(e)
If the commission, after a hearing, finds that a passenger stage corporation has continued to operate as such after its certificate has been suspended pursuant to subdivision (a), the commission shall do one of the following:
(1)
Revoke the certificate of the corporation.
(2)
Impose upon the holder of the certificate a
civil penalty of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000) for each day of unlawful operations.

Legislative History

Amended by Stats. 1991, Ch. 928, Sec. 4.5. Effective October 14, 1991. Operative January 1, 1992, by Sec. 41 of Ch. 928.