Licenses by For-Hire Vessel Operators

Division 3, Chapter 5, Article 3 deals with for-hire vessel operators’ license. Section 760 defines the term “for-hire vessel” with two specified exceptions.

Section 761 provides that no for-hire vessel, while carrying passengers for hire, is to be operated or navigated on the waters of this state except by a person who holds a valid license issued by the department pursuant to the provisions of this article. This requirement, however, does not apply to persons who operate a for-hire vessel on waters of this state which have been declared to be navigable by agencies of the federal government.

Section 762 requires an applicant for an operator’s license to submit his written verified application to the department. The application must be in such form and contain such information as the department requires.

Section 764 requires, upon application for an operator’s license, the department to require an examination of the applicant. The department must adopt rules and regulations establishing the requirements for the examination which will demonstrate to the department the applicant’s competency in the operation of vessels.

Section 765 allows the examination to include a test of the applicant’s knowledge of safety rules, an actual demonstration of his ability to exercise ordinary and reasonable control in operating a vessel, and his mental and physical fitness. The examination may also include an inspection of the for-hire vessel.

Section 766 allows the department, upon completion of the examination, to issue the operator’s license or issue it for the partial exercise only of the privilege sought, and may attach to the exercise of the rights granted by the license such terms and conditions as, in its judgment, the public safety requires.

Section 767 states that an operator’s license issued by the department is valid for five years from the date of issuance or renewal and may be renewed every five years thereafter unless suspended or revoked.

Section 768 allows the department to suspend or revoke any license issued pursuant to this article on a finding that the licensee has violated any of the provisions in this chapter, or has violated any of the regulations promulgated pursuant to carrying out the provisions of this article. The department may also revoke any license issued upon any of the grounds which authorize the refusal to issue a license.

Section 769 makes the department responsible for administering the licensing of operators of for-hire vessels and for enforcing the provisions of this article, and in this connection may inspect for-hire vessels on waters of this state other than those waters which have been declared to be navigable by agencies of the federal government.

Section 770 requires the division to make rules and regulations to carry out the provisions of this article, including adopting a schedule to establish reasonable fees that cover the division’s cost for exams, licensing, renewals, and other services provided by the division under this article.

Section 771 makes it unlawful and constitutes a misdemeanor for any person to violate, or to fail to comply with, any provision of this article.

Section 772 provides that the authority and power granted to the department in this article is not to be construed to conflict with or diminish in any manner the jurisdiction of the Public Utilities Commission over for-hire vessels or common carriers, as those terms are defined in the Public Utilities Code.