The California State Assembly passed two important pieces of legislation — Assembly Bills 636 and 951 — aimed at strengthening the penalties against charter-party carriers and drivers who choose to ignore or violate California's safety and licensing laws.

Charter-party carriers include limos-for-hire, tour buses and other types of passenger charter transportation. They do not include city buses, school buses, taxis, rental cars or other vehicles that run on set schedules.

AB 636 - License and Charter Revocations

Assembly Bill 636 empowers the state to pull the license of any charter bus driver who operates a bus without the appropriate driver's license, endorsement or certificate. The law also strips these drivers of the right to ever receive a license to operate any type of bus again in the state, including city buses and school buses.

Additionally, the bill revokes the charter of any bus company that either operates a bus without the proper permit or knowingly hires a bus driver who does not have the necessary license, endorsement or certificate to operate a charter bus.

Lastly, the bill gives the California Highway Patrol the authority to impound any bus if it does not have the proper permit or the driver does not have the appropriate license, endorsement or certificate to drive the vehicle.

AB 951 - Higher Penalties and Fines

Assembly Bill 951 seeks to increase the penalties against bus companies who knowingly violate California law. Assemblyman Ted Lieu (D-Torrance) felt that the penalties under current state law are too low to serve as a useful deterrent to charter bus companies who might find the risk of paying the minimal fines acceptable when compared to the profits they are making.

If the bill is signed into law, the following penalties will be increased:

• $7500 civil penalty (from $5000)
• $1000 reinstatement fee (from $125)
• $1500-$7000 penalty for operating with a suspended certificate or permit for each day in violation (from $1000-$5000)
• $1000-$5000 fine for any bus company that violates or fails to comply with the law (from $1000 maximum fine)
• $2000 maximum fine for anyone besides the bus company who violates charter-party carrier laws or regulations (from $1000)
• $10,000 fine for operating a bus without the appropriate certificate or permit for first time offenders and $25,000 fine for subsequent offenders (currently $1500 for first time and $2500 for second time offenders)

Calusa County and Pinole Accidents Pivotal in Changing the Law

The Assemblymen sponsors of both bills cited recent examples of bus accidents involving charter vehicles as the impetus for pushing tougher state regulation of the industry. These accidents include the October 5, 2008 bus crash in Calusa County in which 10 people were killed and more than 30 injured. The accident was later attributed to the driver, Quinton Watts, who was falling asleep at the wheel at the time of the crash. Watts currently is facing vehicular manslaughter charges.

The other accident mentioned specifically by the legislators was the bus accident in Pinole on October 31, 2008. The bus was transporting the Alameda High School football team at the time of the accident. While no one was injured, it was later discovered that not only did the bus driver not hold the proper license to drive the bus, but that the bus company had not registered the vehicle with the California Highway Patrol since 2005.

Incidence of Bus Accidents in 2009 Not Slowing

The new legislation could not come at a more opportune time. There already have been several tragic bus accidents in California this year. On April 29, a tour bus in route to Santa Maria hit a guardrail and flipped over outside of Soledad in Monterey County. The bus was owned by Orion Pacific Bus, a luxury charter company based in Orange County. The bus was carrying Canadian and French tourists who were on an 8-hour tour of the state. The accident happened after the bus had left San Francisco. A total of five people died in the Soledad accident, including the driver.

Days after the Soledad crash, another tour bus was involved in an accident on Interstate 215 in Riverside County. The bus was returning from a Cinco de Mayo celebration in San Diego when the accident occurred. The bus veered off of the road and crashed into a wall. Eight people were critically injured in the accident and another 20 suffered moderate injuries.

Conclusion

Bus companies are required by state law to keep the registration on their vehicles up-to-date, to ensure their vehicles are mechanically sound and to hire experienced drivers with valid driver's licenses with the correct endorsements and certifications to operate charted buses.
When bus companies and their drivers fail to follow the law, innocent people are hurt or lose their lives. While Assembly Bills 636 and 951 will not prevent all future bus accidents from happening, they do create a stronger system of penalties for those who otherwise might see it more profitable to ignore or violate California's charter-party carrier laws.