Section 34505.7 Of Division 14.8. Safety Regulations From California Vehicle Code >> Division 14.8.
34505.7
. (a) Upon determining that a private carrier of passengers,
as defined in Section 4001 of the Public Utilities Code, has either
(1) failed to maintain any vehicle of the carrier 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, the
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 (2) failed to enroll all drivers in
the pull notice system as required by Section 1808.1, the department
shall make a written recommendation to the Public Utilities
Commission that the carrier's registration be suspended. Two
consecutive unsatisfactory terminal ratings assigned for failure to
comply with the periodic report requirements in Section 1808.1, or
cancellation of an employer's enrollment by the Department of Motor
Vehicles for nonpayment of fees, constitutes a consistent failure.
The department shall retain a record, by operator, of every
recommendation made pursuant to this section.
(b) Before transmitting a recommendation pursuant to subdivision
(a), the department shall give written notice to the carrier 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 or
revocation of the carrier's registration by the California Public
Utilities Commission.
(3) That the carrier may request a review of the determination by
the department within five days of its receipt of the notice required
by 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).
(c) Commercial vehicle inspection facilities along the border of
Mexico, including those in Calexico and Otay Mesa, shall be staffed
at all times by a California Highway Patrol inspector whenever those
facilities are open to the public. The California Highway Patrol
shall also assign, as staffing permits, a commercial inspector to
control truck traffic entering the United States at the Tecate border
crossing.