34691. (a) Upon receipt of a written recommendation from the Department of the California Highway Patrol 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 this 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, the department shall, pending a hearing in the matter pursuant to subdivision (d), suspend the carrier’s registration. The Department of the California Highway Patrol’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 of the California Highway Patrol by submitting a written request for reinstatement to the department 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 Motor Vehicle Account in the State Transportation Fund. Upon payment of the fee, the department shall forward a request for reinspection to the Department of the California Highway Patrol, which shall perform a reinspection within a reasonable time. The department shall reinstate a carrier’s registration suspended under subdivision (a) promptly upon receipt of a written recommendation from the Department of the California Highway Patrol that the carrier’s safety compliance has improved to the satisfaction of the Department of the California Highway Patrol, unless the registration is suspended for another reason or has been revoked.
(c) Before transmitting a recommendation pursuant to subdivision (a) to the department, the Department of the California Highway Patrol shall notify the private carrier of passengers in writing of all of the following:
(1) That the Department of the California Highway Patrol 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 department.
(3) That the carrier may request a review of the determination by the Department of the California Highway Patrol 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 of the California Highway Patrol shall conduct and evaluate that review prior to transmitting any notification to the department pursuant to subdivision (a).
(d) Whenever the department suspends the registration of any private carrier of passengers pursuant to subdivision (a), the department 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 department, with a copy thereof furnished to the Department of the California Highway Patrol. At the hearing, the carrier shall show cause why the suspension should not be continued. At the conclusion of the hearing, the department may terminate the suspension, continue the suspension in effect, or revoke the registration. The department may revoke the registration of any carrier suspended pursuant to subdivision (a) at any time 90 days or more after its suspension if the department has not received a written recommendation for reinstatement from the Department of the California Highway Patrol and the carrier has not filed a written request for a hearing with the department.
(Added by Stats. 2017, Ch. 421, Sec. 40. (SB 19) Effective January 1, 2018. Operative July 1, 2018, pursuant to Section 34693.)
Structure California Code