California Private Passenger Carry Act

California has a number of formal acts in statute. Vehicle Code Division 14.86 provides the Private Carriers of Passengers Registration Act, which is contained in Sections 34680 to 34693. Division 14.86 was added in 2017 by Chapter 421. Section 34680 names the Act.

The Private Carrier of Passengers (PCP) program helps ensure that private carriers who transport passengers in California operate in a safe manner and have appropriate insurance coverage.

Section 34681 provides definitions for “private carrier.” Section 34682 requires the California Department of Tax and Fee Administration to furnish, upon request, whatever information from its records may be required to assist the department and the Department of the California Highway Patrol in the effective enforcement of this division.

Section 34683 prohibits a private carrier of passengers from operating a motor vehicle on any public highway in this state unless its operation is currently registered with the department. The department must grant registration upon the filing of the application and the payment of the fee as required by this division, subject to the private carrier of passengers’ compliance with this division.

In addition, a private carrier of passengers who is exempt from registration need not file a notice of exemption. To satisfy the registration requirement, a private carrier of passengers must submit required fees and all specified information and documents to the department/

Section 34684 requires a fee of $35 to be paid to the department for the filing of the initial registration of private carriers of passengers, and an annual renewal fee of $30 to be paid by private carriers of passengers.

Section 34685 requires the Department of the California Highway Patrol to issue a carrier identification number to a private carrier of passengers, and inform the carrier of the provisions of this division and the requirement that the carrier register with the department.

Section 34686 provides that the State of California and its agencies and political subdivisions are exempt from the registration requirements of this division. Section 34687 prohibits registration from being granted to a private carrier of passengers until proof of financial responsibility is filed by an insurer or surety with the department.

Section 34688 requires a private carrier of passengers to display the carrier identification number on the vehicles operated pursuant to the registration granted under this division. Section 34689 requires the department to periodically, but not less frequently than quarterly, to transmit to the Department of the California Highway Patrol a list of persons, firms, and corporations that have received a carrier identification number from the Department of the California Highway Patrol, but that have not registered with the department.

Section 34690 provides that any person or corporation that violates any provision of this division is guilty of a misdemeanor, and is punishable by a fine of not more than $2,500, or by imprisonment in the county jail for not more than three months, or both.

Section 34691 provides that, 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:

• Maintain any vehicle of the carrier in a safe operating condition or to comply with this code or with regulations relative to motor carrier safety; or

• Enroll all drivers in the pull-notice system.

A private carrier of passengers whose registration is suspended 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 $125.

Section 34692 requires a private carrier of passengers must provide adequate protection against liability imposed by law upon a carrier in accordance with specified provisions. Section 34693 provides that this division became operative on July 1, 2018.