Section 1033.7 Of Article 2. Passenger Stage Corporations From California Public Utilities Code >> Division 1. >> Part 1. >> Chapter 5. >> Article 2.
1033.7
. (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the certificate is suspended for another reason or has been revoked.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.