Section 34505.1 Of Division 14.8. Safety Regulations From California Vehicle Code >> Division 14.8.
34505.1
. (a) Upon determining that a tour bus carrier or modified
limousine carrier has either (1) failed 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, and, in the department's opinion, that failure
presents an imminent danger to public safety or constitutes such a
consistent failure as to justify a recommendation to the Public
Utilities Commission or the United States Department of
Transportation or (2) failed to enroll all drivers in the pull notice
system as required by Section 1808.1, the department shall recommend
to the Public Utilities Commission that the carrier's operating
authority be suspended, denied, or revoked, or to the United States
Department of Transportation that appropriate administrative action
be taken against the carrier's interstate operating authority,
whichever is appropriate. For purposes of this subdivision, two
consecutive unsatisfactory compliance ratings for an inspected
terminal assigned because the tour bus carrier or modified limousine
carrier failed to comply with the periodic report requirements of
Section 1808.1 or the cancellation of the carrier's enrollment by the
Department of Motor Vehicles for nonpayment of required fees may be
determined by the department to be a consistent failure. However,
when recommending denial of an application for new or renewal
authority, the department need not conclude that the carrier's
failure presents an imminent danger to public safety or that it
constitutes a consistent failure. The department need only conclude
that the carrier's compliance with the safety-related matters
described in paragraph (1) of subdivision (a) is sufficiently
unsatisfactory to justify a recommendation for denial. The department
shall retain a record, by carrier, of every recommendation made
pursuant to this section.
(b) Before transmitting a recommendation pursuant to subdivision
(a), the department shall notify the carrier in writing of all of the
following:
(1) That the department has determined that the carrier'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, revocation,
or denial of the carrier's operating authority by the Public
Utilities Commission or the United States Department of
Transportation, as appropriate.
(3) That the carrier 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 is requested by the carrier, the
department shall conduct and evaluate that review prior to
transmitting any notification pursuant to subdivision (a).