California § 34505.7 - Upon determining that a private carrier of passengers, as defined in Section 3468

§ 34505.7. Upon determining that a private carrier of passengers, as defined in Section 3468

(a) Upon determining that a private carrier of passengers, as defined in Section 34681 of the Vehicle Code, has either failed to comply with the requirements specified in paragraph (1) or (2), or has been issued an out-of-service order for either an imminent hazard or an unsatisfactory rating by the United States Secretary of Transportation, the department shall make a written recommendation to the Department of Motor Vehicles that the carrier’s registration be suspended: (1) The private carrier of passengers has failed to 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, and, in the department’s opinion, the failure presents an imminent danger to public safety or constitutes such a consistent failure as to justify a recommendation to the Department of Motor Vehicles. (2) The private carrier of passengers has failed to enroll all drivers in the pull-notice system as required by Section 1808.1. (b) For purposes of this section, two consecutive unsatisfactory terminal ratings assigned for failure to comply with the periodic report requirements in Section 1808.1, or cancellation of an employer’s enrollment by the Department of Motor Vehicles for nonpayment of fees, constitutes a consistent failure. The department shall retain a record, by operator, of every recommendation made pursuant to this section. (c) Before transmitting a recommendation pursuant to subdivision (a), the department shall give written notice to the carrier 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 Department of Motor Vehicles. (3) That the carrier may request a review of the determination by the department within five days of its receipt of the notice required by 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 a notification pursuant to subdivision (a). (d) Commercial vehicle inspection facilities along the border of Mexico, including those in Calexico and Otay Mesa, shall be staffed at all times by a Department of the California Highway Patrol inspector whenever those facilities are open to the public. The Department of the California Highway Patrol shall also assign, as staffing permits, a commercial inspector to control truck traffic entering the United States at the Tecate border crossing.