News
Fri, Sep 11, 2009 - [CBA]
Special thanks to the CBA Board Members and Josh & Donna Pane for all of their hard work on this important California Bus Association sponsored legislation. This hasn’t been an easy session for most legislation. Congrats to CBA for getting these bills through!
NewsRelease from Assembly Member Dave Jones
“One Strike” Bill to Crack Down On
Dangerous Charter Buses Heads to Governor’s Desk
(Sacramento) Today the State Assembly gave final approval to Assembly Bill 636, the Charter Bus Safety Act, authored by Assemblymember Dave Jones (D–Sacramento).
Sponsored by the California Bus Association, AB 636 increases penalties for bus companies and drivers for failure to comply with safety and licensing regulations. The bill was introduced after the tragic Colusa bus crash that took the lives of several residents of Jones’ Sacramento district.
“Right now, the penalties for charter buses and drivers who are not properly licensed and not safe are far too low, “said Assemblymember Jones. “They do not act as a deterrent for fly-by-night, rogue charter bus companies from continuing operation, and they do not prevent disasters like the one that occurred last year.”
Following the crash, which took the lives of 11 people and injured nearly 40 others, investigative reports revealed the dangers of the growing underground bus industry. Fly-by-night charter bus companies have sprung up which operate with a complete disregard for the laws governing them. In the case of the Colusa crash, neither the bus nor the driver had the legal right to be on the road that evening. The owners of the bus had designated it as non-operational with DMV, while the bus driver had not been issued the necessary endorsement to be transporting passengers.
“AB 636 is the first step in stopping these bad operators who insist on breaking the law everyday. This bill is greatly needed if we are to keep the motoring public safe,” stated Chris Riddington, Board President of the California Bus Association.
Specifically, AB 636 permanently rescinds the operating permit of a bus company if it is found operating without a permit or on a suspended license, knowingly hires an unlicensed bus driver, or fails to register its buses with the Department of Motor Vehicles. The bill also suspends unlicensed bus drivers for a period of 5 years.
“The tragic loss of 11 of my constituents to a rogue bus operator demonstrates the need for the ‘one strike and you are out’ approach,” said Jones. “I have no patience for those who undercut the process, thumbing their nose at regulations, and making California roads unsafe for us all.”
The bill was approved 26-6 in the State Senate and 65-0 in the State Assembly. The bill is now on the Governor’s desk, where he has 30 days to veto it or sign it into law.
Fact Sheet
ASSEMBLYMEMBER DAVE JONES
State Capitol Room 6005, Sacramento, CA 95814, (916) 324-4676, Fax (916) 327-3338
Assembly Bill 636 (Jones) - Charter Bus Safety Act
Summary
AB 636 protects the safety of bus passengers by creating a “one-strike” policy for rogue charter-party carriers and commercial bus drivers who violate operating and driving regulations.
Background
On October 5th, 2008, a charter bus en route from Sacramento to a gaming facility swerved off the road and overturned into a ditch, killing 11 people, including the bus owner, and injured nearly 40 others. Most of the passengers were elders from Sacramento’s Southeast Asian community.
As stated in a Sacramento Bee article on October 9th, 2008 (Bus, driver in Colusa County crash were not properly licensed), investigations found that “neither the bus nor the driver…had the legal right to be on the road that evening.” Owners of the bus had legally designated it as non-operational with the Department of Motor Vehicles in May 2008, meaning that the vehicle should not have been on the road. Also, bus driver Quintin Watts did not possess the required “passenger vehicle endorsement” from DMV in order to be driving the bus, a passenger transportation vehicle carrying more than 10 people.
According to the California Bus Association, there are many “fly-by-night” bus charters that operate in complete disregard of licensing requirements, posing great harm to public safety. Due to the suspected number of carriers and drivers still operating without the required certification or license, it is clear that current penalties do not hinder them from starting and/or continuing operation. In 2008 alone, the California Public Utilities Commission (CPUC) and partner agencies issued 36 misdemeanor warnings to charter-party carriers for operating without a current, valid permit over the course of only 10 investigations. Unfortunately, such inspections are infrequent and ongoing regulation is difficult due to lack of traditional passenger bus terminals. Thus, AB 636 introduces a “one strike” approach for the charter bus industry in order to protect passengers and other drivers from these dangerous rogue operators.
Following the tragic crash, many stakeholder groups, including the California Bus Association, California Public Utilities Commission, Department of Motor Vehicles, and California Highway Patrol, held discussions on ways to improve current law, which is clearly ineffective. As found in both California’s Public Utilities and Vehicle Codes, current laws regulating charter-party carriers and commercial drivers consist of weak suspensions and flimsy monetary fines that do not act as deterrents to such rogue operations. The result of these discussions regarding this problem is the solution proposed in AB 636.
This Bill
AB 636 would increase current penalties through the following provisions:
- Permanently revokes permit or certificate of charter-party carrier to operate and permanently bars a charter-party carrier from receiving a permit or certificate to operate from the commission if it: (a) is found operating without a CPUC permit, (b) is found operating on a suspended permit for specified reasons, (c) knowingly employs a bus driver who does not have the required license, endorsement or certificate, or (d) has one or more buses improperly registered with the Department of Motor Vehicles. Also authorizes charter-party carrier to request a hearing upon receipt of revocation notice.
- Prohibits issuing a new permit to a charter-party carrier when any officer, director, or owner of that carrier was an officer, director, or owner of a carrier that had its authority to operate as a charter-party carrier permanently revoked or that was permanently barred from receiving a permit or certificate from the commission.
- Suspends a person who drives a bus for a charter-party carrier without the required driver’s license, endorsement or certificate from driving a bus of any kind for a period of five years.
- Authorizes the California Highway Patrol to impound a bus upon inspection if charter-party carrier or driver are found operating without the required documentation, certification, or licensure.
Support
California Bus Association (sponsor)
California Public Utilities Commission
California Nations Indian Gaming Association
American Federation of State, County and Municipal Employees, AFL-CIO
United Iu-Mien Community, Incorporated
Contact: Melanie Ramil, Office of Assemblymember Dave Jones, (916) 324-4676
California Bus Association
800.664.2877 (Toll Free)
831.633.1755 (Office)
831.633.1934 (Fax)
PO Box 1155
Castroville, CA 95012
