Section 34500.4 Of Division 14.8. Safety Regulations From California Vehicle Code >> Division 14.8.
34500.4
. (a) Not later than July 1, 2017, the Department of the
California Highway Patrol shall implement a program to conduct safety
inspections of modified limousine terminals that are operated by
passenger stage corporations pursuant to Article 2 (commencing with
Section 1031) of Chapter 5 of Part 1 of Division 1 of the Public
Utilities Code or by charter-party carriers of passengers pursuant to
the Passenger Charter-party Carriers' Act (Chapter 8 (commencing
with Section 5351) of Division 2 of the Public Utilities Code).
(b) (1) The inspection program shall include, but is not limited
to, the safe operation of the vehicle, the installation of safety
equipment, the retention of maintenance logs, accident reports, and
records of driver discipline, compliance with federal and state motor
vehicle safety standards, the examination of a preventative
maintenance program, and, if ownership of the modified limousine has
been transferred, the transmission of relevant safety and maintenance
information of the limousine.
(2) Pursuant to the safety inspection program, the department
shall conduct an inspection of each terminal of a charter-party
carrier of passengers and passenger stage corporation that operates
modified limousines at least once every 13 months.
(3) The department shall adopt emergency regulations for purposes
of this subdivision. The adoption by the department of regulations
implementing this section shall be deemed to be an emergency and
necessary to avoid serious harm to the public peace, health, safety,
or general welfare for purposes of Sections 11346.1 and 11349.6 of
the Government Code, and the department is hereby exempted from the
requirement that it describe facts showing the need for immediate
action to the Office of Administrative Law. The emergency regulations
shall remain in effect for no more than one year, by which time
final regulations shall be adopted.
(4) (A) The department shall adopt regulations to establish an
inspection fee to be collected every 13 months, based on the number
of modified limousines operated by a single charter-party carrier or
passenger stage corporation. The fee shall be in an amount sufficient
to offset the costs to administer the inspection program and shall
not be used to supplant or support any other inspection program
conducted by the department. The fee shall be in addition to any
other required fee. When developing the regulations, the department
shall consider measures that increase efficiencies to limit the
financial impact to charter-party carriers of passengers and
passenger stage corporations subject to the fee. The department shall
promulgate the regulations in consultation with appropriate
interested parties.
(B) The fee structure established pursuant to this subdivision
shall apply to modified limousines that are required to undergo a
safety inspection pursuant to this section.
(C) The fee established pursuant to this subdivision shall be
collected by the Public Utilities Commission and deposited into the
Motor Vehicle Account in the State Transportation Fund to cover the
costs of the inspections conducted by the department.
(5) The department shall transmit to the Public Utilities
Commission inspection data of modified limousine terminals inspected
pursuant to this program, as specified in the program regulations.
(c) Regulations adopted pursuant to this section shall be
consistent with the established inspection program administered by
the department for buses pursuant to this division.