SECTIONS 4020-4022 - California Statutes

PUBLIC UTILITIES CODE

SECTION 4020-4022

4020. The commission shall periodically, but not less frequently
than quarterly, transmit to the department a list of persons, firms,
and corporations which have received a carrier identification number
from the department, but which have not registered with the
commission. The department may use this list in its normal
enforcement activities, including terminal inspections and roadside
enforcement, as prima facie evidence of a failure to register.

4021. (a) Any person or corporation who violates any provision of
this chapter is guilty of a misdemeanor, and is punishable by a fine
of not more than two thousand five hundred dollars ($2,500), or by
imprisonment in the county jail for not more than three months, or
both.
(b) A violation of this section is an infraction subject to the
procedures described in Sections 19.6 and 19.7 of the Penal Code when
the conditions specified in either paragraph (1) or (2) of
subdivision (d) of Section 17 of the Penal Code are met.

4022. (a) Upon receipt of a written recommendation from the
department that the registration of a private carrier of passengers
be suspended for failure to either (1) 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, if that failure is
either a consistent failure or presents an imminent danger to public
safety, or (2) enroll all drivers in the pull notice system as
required by Section 1808.1 of the Vehicle Code, the commission shall,
pending a hearing in the matter pursuant to subdivision (d), suspend
the carrier's registration. The department's written recommendation
shall specifically indicate compliance with subdivision (c).
(b) A private carrier of passengers whose registration is
suspended pursuant to subdivision (a) may obtain a reinspection of
its terminal and vehicles by the department by submitting a written
request for reinstatement to the commission and paying a
reinstatement fee of one hundred twenty-five dollars ($125). The fees
required to be paid by carriers of passengers pursuant to this
section shall be deposited in the Public Utilities Commission
Transportation Reimbursement Account in the General Fund. Upon
payment of the fee, the commission shall forward a request for
reinspection to the department which shall perform a reinspection
within a reasonable time. The commission shall reinstate a carrier's
registration suspended under subdivision (a) promptly upon receipt of
a written recommendation from the department that the carrier's
safety compliance has improved to the satisfaction of the department,
unless the registration is suspended for another reason or has been
revoked.
(c) Before transmitting a recommendation pursuant to subdivision
(a) to the commission, the department shall notify the private
carrier of passengers 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 or
revocation of the carrier's registration by the 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
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 to the commission
pursuant to subdivision (a).
(d) Whenever the commission suspends the registration of any
private carrier of passengers pursuant to subdivision (a), the
commission shall furnish the carrier written notice of the suspension
and shall hold a hearing within a reasonable time, not to exceed 21
days, after a written request therefor is filed with the commission,
with a copy thereof furnished to the department. At the hearing, the
carrier shall show cause why the suspension should not be continued.
At the conclusion of the hearing, the commission may terminate the
suspension, continue the suspension in effect, or revoke the
registration. The commission may revoke the registration of any
carrier suspended pursuant to subdivision (a) at any time 90 days or
more after its suspension if the commission has not received a
written recommendation for reinstatement from the department and the
carrier has not filed a written request for a hearing with the
commission.