Section 5363 Of Article 1. General Provisions And Definitions From California Public Utilities Code >> Division 2. >> Chapter 8. >> Article 1.
5363
. (a) Any provision of the Public Utilities Act (Part 1
(commencing with Section 201) of Division 1) or of this chapter
applicable to charter bus transportation that conflicts with the
federal Transportation Equity Act for the 21st Century (P.L. 105-178)
does not apply to charter bus transportation to the extent of that
conflict. If any provision of the Public Utilities Act or of this
chapter applicable to charter bus transportation, or the application
thereof to any person or circumstance, is invalid as a result of
federal preemption, the remainder of the act, or the application of
the provision to other persons or circumstances, shall not be
affected thereby.
(b) (1) Except as specified in paragraph (2), as used in this
section, "charter bus transportation" means transportation, using a
vehicle designed, used, or maintained for carrying more than 10
persons, including the driver, of a group of persons who, pursuant to
a common purpose, under a single contract, at a fixed charge for the
motor vehicle, have acquired the exclusive use of the motor vehicle
to travel together.
(2) If a federal court or agency with the jurisdiction to construe
Section 14501(a)(1)(C) of Title 49 of the United States Code
determines that additional transportation falls within the meaning of
the term "charter bus transportation," as used in that section, the
federal construction of that term shall prevail.