DIVISION 2. REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION [3901. - 5513.]

Division 2 enacted by Stats. 1951, Ch. 764.

§§ 3901–5513 · 151 sections

CHAPTER 1. Interstate and Foreign Motor Carriers of Household Goods and Passengers Act §§ 3901–3950 · 4 sections
1. ARTICLE 1. General Provisions §§ 3901–3950 · 4 sections
  - § 3901 This chapter may be cited as the Interstate and Foreign Motor Carriers of Household Goods and Passengers Act.
  - § 3902 (a) No household goods carrier, as defined in Section 5109, shall engage in any interstate or foreign transportation of property for compensation by motor…
  - § 3903 Household goods carriers, as defined in Section 5109, engaged in interstate or foreign transportation or property for compensation by motor vehicle, and motor…
  - § 3950 It is a violation of law for any person or corporation to operate, or cause to be operated, on the highways of this state, any motor vehicle in the…
CHAPTER 4. Enforcement of Federal Pipeline Safety Standards for Mobilehome Park Operators §§ 4351–4361 · 12 sections
- § 4351 As used in this chapter: (a) “Gas” means natural or manufactured gas, except propane, used for light, heat, or power. (b) “Distribution system” means a system…
- § 4352 (a) The commission shall undertake a gas safety inspection and enforcement program for mobilehome parks with distribution systems to ensure compliance with the…
- § 4353 (a) The commission shall conduct an initial inspection of each distribution system which shall take place on the mobilehome park premises. The inspection shall…
- § 4354 (a) Every operator shall prepare and submit to the commission annually a report on the distribution system. (b) The report shall be submitted to the commission…
- § 4354.5 (a) Every operator shall maintain all of the following: (1) A map, drawing, or diagram which indicates the location of the distribution system’s main and…
- § 4355 Except as specified in Section 4356, after each inspection, the commission shall furnish the operator, or a representative designated in writing by the…
- § 4356 (a) If the commission determines the presence of a gas leak or other safety hazard in the distribution system which poses a significant or immediate danger to…
- § 4357 (a) Any operator who commits a violation enumerated in subdivision (f) of Section 4353, or who fails to file the report required by Section 4354 or to comply…
- § 4358 (a) The commission shall establish a uniform billing per space or lot surcharge to be paid by operators with distribution systems subject to this chapter on…
- § 4359 The commission may adopt rules and orders to carry out this chapter.
- § 4360 Nothing in this chapter affects the requirement that operators of liquefied petroleum gas (propane) master-meter systems supplying 10 or more customers from a…
- § 4361 (a) In each mobilehome park, the operator shall post on the mobilehome park premises the current emergency telephone numbers for, at a minimum, the gas…
CHAPTER 4.1. Enforcement of Federal Pipeline Safety Standards for Propane Operators §§ 4451–4465 · 16 sections
- § 4451 As used in this chapter: (a) “Supplier” means a person or corporation, other than a public utility, who sells propane and arranges for its delivery to the…
- § 4452 (a) On or before July 1, 1995, the commission shall undertake a propane safety inspection and enforcement program for propane distribution systems to ensure…
- § 4453 (a) The commission shall conduct an initial inspection of each distribution system which shall take place on the premises. The inspection shall determine if…
- § 4454 (a) Every operator of a system serving 10 or more units or where any portion of the system is located in a public place, with the exception of mobilehome parks…
- § 4454.5 (a) Every operator shall maintain all of the following: (1) A map, drawing, or diagram that indicates the location of the distribution system’s main and…
- § 4455 Except as specified in Section 4456, after each inspection, the commission shall furnish the operator, or a representative designated in writing by the…
- § 4456 (a) If the commission determines the presence of a propane leak or other safety hazard in the distribution system, which poses a significant or immediate…
- § 4457 (a) Any operator who commits a violation enumerated in subdivision (f) of Section 4453 or who fails to file the report required by Section 4454 or fails to…
- § 4458 (a) The commission shall establish a surcharge to be paid by operators with distribution systems subject to this chapter on propane purchased for distribution…
- § 4459 The commission may adopt rules and orders to carry out this chapter.
- § 4460 (a) In each distribution system, the operator shall post on the premises the current emergency telephone numbers for, at a minimum, the operator, the supplier,…
- § 4461 Prior to January 1, 1996, the Occupational Safety and Health Standards Board shall adopt by reference the 1992 edition of NFPA 58 Standard for the Storage and…
- § 4462 (a) This chapter hereby creates a trust fund known as the propane safety inspection and enforcement program trust fund. The trust fund shall be administered by…
- § 4463 Notwithstanding any other provision of law, this chapter, as added by Chapter 388 of the Statutes of 1994, shall not be implemented unless sufficient federal…
- § 4464 (a) The commission in administering the trust fund, shall be responsible for the identification of the pertinent operators and for the collection of the…
- § 4465 (a) If any operator subject to this chapter is in default of the payment of the surcharge required by this chapter for a period of 30 days or more, the…
CHAPTER 8. Charter-Party Carriers of Passengers §§ 5351–5450 · 108 sections
1. ARTICLE 1. General Provisions and Definitions §§ 5351–5363 · 16 sections
  - § 5351 This chapter may be cited as the “Passenger Charter-party Carriers’ Act.”
  - § 5352 (a) The use of the public highways for the transportation of passengers for compensation is a business affected with a public interest. It is the purpose of…
  - § 5353 This chapter does not apply to any of the following: (a) Transportation service rendered wholly within the corporate limits of a single city or city and county…
  - § 5353.5 On and after July 1, 1989, this chapter does not apply to transportation service, other than transportation service furnished in a limousine for hire, rendered…
  - § 5354 In construing and enforcing the provisions of this chapter relating to the prescribed privileges and obligations of the holder of a permit or certificate…
  - § 5355 Unless the context otherwise requires, the definitions and general provisions set forth in this article govern the construction of this chapter.
  - § 5355.5 (a) “Chartering party” means the person, corporation, or other entity that prearranges with a charter-party carrier of passengers for transportation services.…
  - § 5356 “Corporation” includes a corporation, a company, an association, and a joint stock association.
  - § 5357 “Person” includes an individual, a firm, or a copartnership.
  - § 5358 “Public highway” includes every public street, road, or highway in this State.
  - § 5359 (a) “Motor vehicle” means a vehicle which is self-propelled. (b) “Bus” means a vehicle designed, used, or maintained for carrying more than 10 persons,…
  - § 5360 Subject to the exclusions of Section 5353, “charter-party carrier of passengers” means every person engaged in the transportation of persons by motor vehicle…
  - § 5360.5 (a) Charter-party carriers of passengers shall operate on a prearranged basis within this state. (b) For purposes of this section, “prearranged basis” means…
  - § 5361 “Modified limousine” means any vehicle that has been modified, altered, or extended in a manner that increases the overall wheelbase of the vehicle, exceeding…
  - § 5362 With respect to a motor vehicle used in the transportation of persons for compensation by a charter-party carrier of passengers, “owner” means the corporation…
  - § 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…
2. ARTICLE 2. Authorization to Operate as a Charter-Party Carrier of Passengers §§ 5371–5379.5 · 24 sections
  - § 5371 No charter-party carrier of passengers excepting transit districts, transit authorities or cities owning and operating local transit systems themselves or…
  - § 5371.1 (a) No charter-party carrier of passengers issued a class A certificate subject to this section shall be restricted as to point of origin or destination in the…
  - § 5371.2 (a) All holders of certificates issued under this section shall operate from a service area to be determined by the commission. In no case shall this area…
  - § 5371.3 A class C certificate holder is one who provides transportation services incidental to commercial balloon operations, commercial river rafting, or skiing. This…
  - § 5371.4 (a) The governing body of any city, county, or city and county may not impose a fee on charter-party carriers operating limousines. However, the governing body…
  - § 5371.5 (a) Upon receipt of a complaint containing sufficient information to warrant conducting an investigation, the commission shall investigate any business that…
  - § 5371.6 (a) The Legislature finds and declares that advertising and use of telephone service is essential for charter-party carriers of passengers to obtain business…
  - § 5372 Applications for permits and certificates shall be in writing, verified under oath, and shall be in such form, contain such information, and be accompanied by…
  - § 5373.1 (a) Each application for a charter-party carrier of passengers certificate or permit shall be accompanied by a filing fee as follows: (1) Class A certificates…
  - § 5373.5 The commission shall not issue or authorize the transfer of any certificate or permit under this chapter to any person or corporation against whom a final…
  - § 5374 (a) (1) Before a permit or certificate is issued or renewed, the commission shall require the applicant to establish reasonable fitness and financial…
  - § 5374.5 (a) At the time of each bus terminal inspection conducted by the Department of the California Highway Patrol pursuant to subdivision (c) of Section 34501 of…
  - § 5374.6 Every charter-party carrier earning over three hundred fifty thousand dollars ($350,000) in annual gross operating revenue shall, under oath, file annually a…
  - § 5375 The commission may, with or without hearing, issue or refuse to issue a permit or certificate. If the commission finds that public convenience and necessity…
  - § 5376 A permit or certificate, or renewal thereof, is effective for three years, unless suspended or revoked by the commission.
  - § 5377 No permit issued pursuant to this article, or rights to conduct any of the services therein authorized, shall be sold, leased, or assigned, or otherwise…
  - § 5377.1 No certificate issued pursuant to, or rights to conduct any of the services authorized by, this article shall be sold, leased, or assigned, or otherwise…
  - § 5378 (a) The commission may cancel, revoke, or suspend any operating permit or certificate issued pursuant to this chapter upon any of the following grounds: (1)…
  - § 5378.1 (a) Beginning July 1, 1990, and continuing thereafter, every charter-party carrier shall file with the commission one of the following: (1) A certificate of…
  - § 5378.5 (a) Upon receipt of a written recommendation from the Department of the California Highway Patrol that the certificate or permit of a charter-party carrier be…
  - § 5378.6 (a) The commission shall deny a new or renewal application for a charter-party carrier certificate or permit upon receipt of a written recommendation from the…
  - § 5378.7 (a) Upon receipt of a stop order issued by the Director of Industrial Relations pursuant to Section 3710.1 of the Labor Code, the commission shall investigate…
  - § 5379 After the cancellation or revocation of a permit or certificate, or during the period of its suspension, or after the expiration of its permit or certificate,…
  - § 5379.5 The commission may, on a complaint alleging that any corporation or person is operating as a charter-party carrier of passengers without a valid certificate or…
3. ARTICLE 3. Regulation of Charter-Party Carriers of Passengers §§ 5381–5389 · 17 sections
  - § 5381 To the extent that such is not inconsistent with the provisions of this chapter, the commission may supervise and regulate every charter-party carrier of…
  - § 5381.5 (a) The commission shall, by rule or other appropriate procedure, ensure that every charter-party carrier of passengers operates on a prearranged basis within…
  - § 5382 To the extent that such are not inconsistent with the provisions of this chapter, all general orders, rules and regulations, applicable to the operations of…
  - § 5383 The commission shall create the following classifications or types of certificates for charter-party carriers of passengers: Class A: from any point or points…
  - § 5384 The commission shall issue permits to persons, who are otherwise qualified, whose passenger carrier operations fall into the following categories: (a)…
  - § 5384.1 (a) At the time transportation service is prearranged or the contract of carriage is made, the charter-party carrier of passengers shall ask the chartering…
  - § 5384.2 (a) Every charter-party carrier of passengers shall furnish the commission annually with a list, prepared under oath, of all vehicles used in transportation…
  - § 5384.3 (a) For purposes of this article, the following terms have the following meanings: (1) “Contract crew transportation vehicle” means a motor vehicle designed to…
  - § 5384.5 If the driver of any charter-party carrier of passengers for hire operating under a valid certificate or permit, or any officer, director, agent, or employee…
  - § 5385 A charter-party carrier of passengers, except those engaged in the provision of a hired driver service when a rented motor vehicle is being operated by the…
  - § 5385.7 A charter-party carrier shall not operate a modified limousine, as defined in Section 5361, unless the modified limousine is equipped with emergency exits at…
  - § 5386 (a) Every charter-party carrier of passengers, including a charter-party carrier that operates a limousine, shall include the number of its permit or…
  - § 5386.5 No charter-party carrier of passengers shall advertise its services, or in any manner represent its services, as being a taxicab or taxi service. For the…
  - § 5387 (a) It is unlawful for the owner of a charter-party carrier of passengers to permit the operation of a vehicle upon a public highway for compensation without…
  - § 5387.3 (a) A charter-party carrier described in subdivision (c) of Section 5387, that has received a notice of refusal or revocation of its permit to operate, may…
  - § 5387.5 When the commission or an employee of the commission determines that any person or corporation is holding itself out as a charter-party carrier of passengers…
  - § 5389 (a) The commission, each commissioner, and each officer and person employed by the commission may, at any time have access to the land, buildings, or equipment…
4. ARTICLE 4. Accident Liability Protection §§ 5391–5395 · 8 sections
  - § 5391 The commission shall, in granting permits or a certificate pursuant to this chapter, require the charter-party carrier of passengers to procure, and to…
  - § 5391.2 Notwithstanding Section 5391, in granting certificates to the holders of class C certificates, the commission shall require that those carriers procure and…
  - § 5391.5 The commission shall commence a rulemaking proceeding to develop uniform operating standards applicable to charter-party carriers of passengers. The rulemaking…
  - § 5392 (a) The protection required under Sections 5391 and 5391.2 shall be evidenced by the deposit of any of the following with the commission covering each vehicle…
  - § 5392.3 Notwithstanding any other provision of law, any charter-party carrier of passengers that contracts to provide a vanpool vehicle, as described in paragraph (1)…
  - § 5392.5 No person, firm, or corporation holding a valid permit issued by the commission pursuant to this chapter shall be required by any agency of local government to…
  - § 5393 With the consent of the commission a copy of an insurance policy, certified by the company issuing it to be a true copy of the original policy, or a…
  - § 5395 A school, school district, or the state is not liable for transportation services provided by an operator of a charter-party carrier operating a motor vehicle…
5. ARTICLE 5. Basis of Charges §§ 5401–5402 · 2 sections
  - § 5401 Charges for the transportation to be offered or afforded by a charter-party carrier of passengers shall be computed and assessed on a vehicle mileage or time…
  - § 5402 No person, partnership, corporation, or organization shall sell transportation by a passenger stage on an individual-fare basis for a sightseeing trip in…
6. ARTICLE 6. Fines and Penalties §§ 5411–5420 · 19 sections
  - § 5411 Every charter-party carrier of passengers and every officer, director, agent, or employee of any charter-party carrier of passengers who violates or who fails…
  - § 5411.3 Every charter-party carrier of passengers, and every officer, director, agent, or employee of a charter-party carrier of passengers, who displays on any…
  - § 5411.5 (a) Whenever a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, arrests a person for operation of…
  - § 5411.6 Every charter party carrier of passengers and every officer, director, agent, or employee of a charter party carrier of passengers who knowingly and willfully…
  - § 5412 Every corporation or person other than a charter-party carrier of passengers, who knowingly and willfully, either individually, or acting as an officer, agent,…
  - § 5412.2 (a) When a person is convicted of the offense of operating a taxicab without a valid certificate or permit, in addition to any other penalties provided by law,…
  - § 5412.5 Every officer or person employed by the commission who, except as authorized by the commission or a court, discloses any fact or information from an inspection…
  - § 5413 Every charter-party carrier of passengers and every officer, director, agent, or employee of any charter-party carrier of passengers who violates or who fails…
  - § 5413.5 (a) Whenever the commission, after hearing, finds that any person or corporation is operating as a charter-party carrier of passengers, including a…
  - § 5414 Every corporation or person other than a charter-party carrier of passengers who knowingly and willfully, either individually, or acting as an officer, agent,…
  - § 5414.5 Every corporation or person who knowingly and willfully issues, publishes, or affixes, or causes or permits the issuance, publishing, or affixing, of any oral…
  - § 5415 Every violation of the provisions of this chapter or of any order, decision, decree, rule, direction, demand, or requirement of the commission by any…
  - § 5415.5 When the executive director of the commission determines that any charter-party carrier of passengers, or any officer, director, or agent of any charter-party…
  - § 5416 All penalties accruing under this chapter are cumulative, and a suit for the recovery of one penalty does not bar or affect the recovery of any other penalty…
  - § 5417 (a) Actions to recover penalties under this chapter shall be brought in the name of the people of the State of California, in the superior court of the county,…
  - § 5417.5 (a) The commission shall ensure that this chapter is enforced and obeyed, and that violations thereof are promptly prosecuted and that penalty moneys due to…
  - § 5418 In any such action, all penalties incurred up to the time of the commencement of the action may be sued for and recovered. In all such actions, the procedure…
  - § 5419 All penalties recovered by the State in any action pursuant to this chapter, together with the costs thereof, shall be paid into the State Treasury to the…
  - § 5420 Whenever a written notice to appear has been mailed to the owner of a charter-party carrier of passengers motor vehicle, an exact and legible duplicate copy of…
7. ARTICLE 7. Transportation Network Companies §§ 5430–5450 · 22 sections
  - § 5430 Notwithstanding any other provision of this chapter, this article shall apply to transportation network companies.
  - § 5431 For purposes of this article, the following terms have the following meanings: (a) “Participating driver” or “driver” means any person who uses a vehicle in…
  - § 5431.5 In addition to the definitions provided in Section 5431, the following terms have the following meanings: (a) “Access provider” means an organization or entity…
  - § 5432 (a) A transportation network company shall disclose in writing to participating drivers, as part of its agreement with those drivers, the insurance coverage…
  - § 5433 (a) A transportation network company and any participating driver shall maintain transportation network company insurance as provided in this section. (b) The…
  - § 5434 (a) Nothing in this section shall be construed to require a private passenger automobile insurance policy to provide primary or excess coverage during the…
  - § 5435 In a claims coverage investigation, a transportation network company or its insurer shall cooperate with insurers that are involved in the claims coverage…
  - § 5436 (a) The commission shall provide the following information in its annual report submitted on or before February 1, 2026, pursuant to Section 910: (1) The…
  - § 5437 A transportation network company shall not disclose to a third party any personally identifiable information of a transportation network company passenger…
  - § 5438 It is the intent of the Legislature that the Department of Insurance expedite review of any application for approval of transportation network company…
  - § 5439 Transportation network company insurance that meets the requirements of Section 5433 shall be deemed to satisfy the financial responsibility requirements of…
  - § 5440 The Legislature makes the following findings and declarations: (a) The commission has initiated regulation of transportation network companies as a new…
  - § 5440.5 (a) As part of the regulation of transportation network companies (TNCs) referenced in subdivision (a) of Section 5440, the commission shall do all of the…
  - § 5441 The Legislature does not intend, and nothing in this article shall be construed, to prohibit the commission from exercising its rulemaking authority in a…
  - § 5442 A participating driver of a transportation network company shall carry proof of transportation network company insurance coverage with him or her at all times…
  - § 5443 Notwithstanding Section 11580.9 of the Insurance Code, or any other law affecting whether one or more policies of insurance that may apply with respect to an…
  - § 5444 Notwithstanding any limitations contained in Section 1808.1 of the Vehicle Code, a transportation network company is eligible to participate and shall…
  - § 5445.1 A transportation network company shall provide all of the following information to a passenger on its online-enabled application or platform at the time the…
  - § 5445.2 (a) (1) A transportation network company shall conduct, or have a third party conduct, a local and national criminal background check for each participating…
  - § 5445.3 (a) A participating driver is required to possess either of the following: (1) A valid driver’s license issued by the State of California. (2) (A) In the case…
  - § 5446 (a) Notwithstanding any other law, the City and County of San Francisco may impose a tax on each ride originating in the City and County of San Francisco…
  - § 5450 (a) (1) The program established pursuant to this section shall be known as the California Clean Miles Standard and Incentive Program. (2) For purposes of this…
CHAPTER 9. Commercial Air Carriers §§ 5500–5513 · 11 sections
1. ARTICLE 1. Accident Liability Protection §§ 5500–5513 · 11 sections
  - § 5500 As used in this article, “commercial air operator” means any person owning, controlling, operating, renting, or managing aircraft for any commercial purpose…
  - § 5501 As used in this article, “aircraft” means any contrivance used for navigation of, or flight in, the air. “Aircraft” does not include a hot air balloon…
  - § 5502 As used in this article, “person” means any individual, firm, partnership, private, municipal or public corporation, limited liability company, company,…
  - § 5503 (a) All commercial air operators shall maintain in force at least one million dollars ($1,000,000) of liability insurance for personal injury, wrongful death,…
  - § 5504 This article does not apply to any person licensed under Article 1 (commencing with Section 11701) of Chapter 4 of Division 6 of the Food and Agricultural Code…
  - § 5506 (a) All commercial air operators shall comply with any requirement of a city, county, or city and county that the person obtain a business license as a…
  - § 5508 (a) The protection against liability shall be continued in effect so long as the commercial air operator continues to offer his or her services for…
  - § 5510 Any commercial air operator who knowingly refuses or fails to procure protection against liability, as required by Section 5503, is guilty of a misdemeanor.
  - § 5511 (a) Notwithstanding the provisions of Section 5506, a city, county, or city and county shall have the authority to accept policies of insurance written by…
  - § 5512 (a) Following an administrative hearing, a city, county, or city and county may impose a penalty of not exceeding one thousand dollars ($1,000) upon any…
  - § 5513 (a) Notwithstanding any other provision of this article, any person owning, controlling, operating, renting, managing, furnishing, or otherwise providing…