34505.6
. (a) Upon determining that a motor carrier of property who
is operating any vehicle described in subdivision (a), (b), (e), (f),
(g), (j), or (k) of Section 34500, or any motortruck of two or more
axles that is more than 10,000 pounds gross vehicle weight rating, on
a public highway, has done either of the following, the department
shall recommend that the Department of Motor Vehicles suspend or
revoke the carrier's motor carrier permit, or, for interstate
operators, the department shall recommend to the Federal Motor
Carrier Safety Administration that appropriate administrative action
be taken against the carrier:
(1) Failed to maintain any vehicle of a type described above in a
safe operating condition or to comply with the Vehicle Code or with
applicable regulations contained in Title 13 of the California Code
of Regulations, and, in the department's opinion, that failure
presents an imminent danger to public safety or constitutes a
consistent failure so as to justify a suspension or revocation of the
motor carrier's motor carrier permit.
(2) Failed to enroll all drivers in the pull-notice system as
required by Section 1808.1.
(b) Upon determining that a household goods carrier, or a
household goods carrier transporting used office, store, or
institution furniture and fixtures under its household goods carrier
permit issued under Section 5137 of the Public Utilities Code,
operating any vehicle described in subdivision (a), (b), (e), (f),
(g), (j), or (k) of Section 34500 on a public highway, has done
either of the following, the department shall recommend that the
Public Utilities Commission deny, suspend, or revoke the carrier's
operating authority, or, for interstate operators, the department
shall recommend to the Federal Motor Carrier Safety Administration
that appropriate administrative action be taken against the carrier:
(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 applicable regulations contained in Title 13 of
the California Code of Regulations, and, in the department's opinion,
that failure presents an imminent danger to public safety or
constitutes a consistent failure so as to justify a suspension,
revocation, or denial of the motor carrier's operating authority.
(2) Failed to enroll all drivers in the pull-notice system as
required by Section 1808.1.
(c) For purposes of this section, two consecutive unsatisfactory
compliance ratings for an inspected terminal assigned because the
motor 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 the nonpayment of required fees
is a consistent failure. The department shall retain a record, by
operator, of every recommendation made pursuant to this section.
(d) 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 or compliance with Section 1808.1 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 motor carrier permit by the Department of
Motor Vehicles, suspension, revocation, of the motor carrier's
operating authority by the California Public Utilities Commission, or
administrative action by the Federal Motor Carrier Safety
Administration.
(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 pursuant to this paragraph is
requested by the carrier, the department shall conduct and evaluate
that review prior to transmitting any notification pursuant to
subdivision (a) or (b).
(e) Upon receipt of a written recommendation from the department
that a motor carrier permit or operating authority be suspended,
revoked, or denied, the Department of Motor Vehicles or Public
Utilities Commission, as appropriate, shall, pending a hearing in the
matter pursuant to Section 34623 or appropriate Public Utilities
Commission authority, suspend the motor carrier permit or operating
authority. The written recommendation shall specifically indicate
compliance with subdivision (d).
(f) This section shall become operative on January 1, 2016.