§ 5378. — 5378. (Amended by Stats. 2010, Ch. 472, Sec. 6.)

California § 5378.

• Jurisdiction: California
• Code PUC: Public Utilities Code - PUC
• Div. 2.: DIVISION 2. REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION
• Ch. 8.: CHAPTER 8. Charter-Party Carriers of Passengers
• Art. 2.: ARTICLE 2. Authorization to Operate as a Charter-Party Carrier of Passengers

Text

(a)
The commission may cancel, revoke, or suspend any operating permit or certificate issued pursuant to this chapter upon any of the following grounds:
(1)
The violation of any of the provisions of this chapter, or of any operating permit or certificate issued thereunder.
(2)
The
violation of any order, decision, rule, regulation, direction, demand, or requirement established by the commission pursuant to this chapter.
(3)
The conviction of the charter-party carrier of passengers of any misdemeanor under this chapter while holding operating authority issued by the commission or the conviction of the carrier or its officers of a felony while holding operating authority issued by the commission, limited to robbery, burglary, larceny, fraud, or intentional dishonesty for personal gain.
(4)
The rendition of a judgment against the charter-party carrier of passengers for any penalty imposed under this chapter.
(5)
The failure of a charter-party carrier of passengers to pay any fee imposed upon the carrier within the time required by law.
(6)
On request of the holder of the permit or certificate.
(7)
Failure of a permit or certificate holder to operate and perform reasonable service. That failure may include repeated violations of the Vehicle Code or of regulations contained in Title 13 of the California Code of Regulations relative to motor vehicle safety, by employees of the permitholder or certificate holder, that support an inference of unsafe operation or willful neglect of the public safety by the permitholder or certificate holder.
(8)
Consistent failure of the charter-party carrier of passengers to maintain its vehicles in a safe operating condition and in compliance with the Vehicle Code and with regulations contained in Title 13 of the California Code of Regulations relative to motor vehicle safety, as shown by the records of the commission, the Department of Motor Vehicles, the Department of
the California Highway Patrol, or the carrier. 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.
(9)
The knowing and willful filing of a false report that understates revenues and fees.
(10)
Failure of a permit or certificate holder, or of any of its employees, to follow any order, decision, rule, regulation, direction, demand, ordinance, or other requirement established by the governing body of an airport, including solicitation practices.
(b)
The commission may levy a civil penalty of up to seven thousand five hundred dollars ($7,500) upon the holder of an operating permit or certificate issued pursuant to this chapter, for any of the grounds specified in subdivision (a), as an
alternative to canceling, revoking, or suspending the permit or certificate. The commission may also levy interest upon the civil penalty, which shall be calculated as of the date on which the civil penalty is unpaid and delinquent. The commission shall deposit at least monthly all civil penalties and interest collected pursuant to this section into the General Fund.

Legislative History

Amended by Stats. 2010, Ch. 472, Sec. 6. (AB 2572) Effective January 1, 2011.