Cal. Code Regs. Tit. 20, § 3.3 - (Rule 3.3) Certificate to Operate
(a) Applications for a certificate to operate
as a vessel common carrier or passenger stage corporation shall contain the
following information:
(1) The type of
service applicant seeks to perform or that is being performed by applicant, a
general description of it, and a reference to the authority under which
existing service is performed.
(2)
The specific authority requested and the particular statutory provision under
which the certificate is requested.
(3) The areas and points where the applicant
will be holding out service, by county, fixed termini, and regular route, if
appropriate. If the applicant intends to serve one or more commercial airports,
this information must include each airport proposed to be served.
(4) A map or sketch of the route and points
to be served, drawn to suitable indicated scale, and showing present and
proposed operation by distinctive coloring or marking.
(5) A list of the base fares to be charged,
and a statement indicating whether or not the applicant is aware of existing
competitors who offer the same or substantially similar services. In addition,
all proposed discounted fares must be disclosed as part of this list.
Applications for certificates need not contain tariffs, but shall indicate the
level and nature of proposed rates and rules, as required herein, and may refer
to tariffs on file with or issued by the Commission.
(6) A statement indicating the frequency of
the proposed service. If "on call" service is proposed, the application shall
set forth conditions under which such service would be performed.
(7) The kind and approximate number of units
of equipment to be employed in the proposed service.
(8) A statement of financial ability to
render the proposed service.
(9)
Facts showing that the proposed operation is required by public convenience and
necessity, as defined by Public Utilities Code Section
1031(b).
Pursuant to Section
1032
of the Public Utilities Code, the applicant must show:
a. That the applicant is financially and
organizationally capable of conducting an operation that complies with the
rules and regulations of the Department of the California Highway Patrol (GIP)
governing highway safety;
b. That
the applicant is committed to observing federal and state hours of service
regulations;
c. That the applicant
has a preventive maintenance program in effect for its passenger vehicles that
conforms to CHP regulations found under Title 13 of the California Code of
Regulations (CCR);
d. That the
applicant institutes a program to monitor the driving records of those
operating vehicles that require Class B driver's licenses;
e. That the applicant has a safety education
and training program in effect for all employees and subcarriers;
f. That the applicant agrees to maintain its
passenger vehicles in safe operating condition and in compliance with motor
vehicle safety laws and regulations; and
g. That the applicant has filed with the
Commission proof of workers' compensation insurance coverage or a statement as
required by Public Utilities Code Section
460.7.
(b) Every applicant for a passenger stage
certificate shall forward a notice of the application to each city and county
governmental entity and regional transportation planning agency within whose
boundaries passengers will be loaded or unloaded. This notice shall inform
parties that a complete copy of the application may be made available on the
website of the California Public Utilities Commission and, if not made
available online, that a copy of the application can be obtained by contacting
the applicant or the California Public Utilities Commission and requesting a
paper copy. A certificate of service shall be filed with the
application.
Notes
2. Renumbering of former section 3.3 to new section 1.15 and renumbering of former section 21 to section 3.3, including amendment of section heading and section filed 9-13-2006; operative 9-13-2006 pursuant to Government Code section 11351(a) (Register 2006, No. 37).
3. Amendment of NOTE filed 1-8-2014; operative 4-1-2014. Submitted to OAL for limited review pursuant to Government Code section 11351 and Public Utilities Code section 311(h) (Register 2014, No. 2).
4. Amendment of section and NOTE filed 6-25-2015; operative 10-1-2015. Submitted to OAL for limited review pursuant to Government Code section 11351 and Public Resources Code section 311(h) (Register 2015, No. 26).
5. Amendment of subsections (a)(9) and (b) filed 1-30-2018; operative 4-1-2018. Submitted to OAL for limited review pursuant to Government Code section 11351 and Public Utilities Code section 311(h) (Register 2018, No. 5).
Note: Authority cited: Section 1701, Public Utilities Code; and Section 2, Article XII, California Constitution. Reference: Sections 460.7, 701, 1007, 1032 and 1701, Public Utilities Code.
2. Renumbering of former section 3.3 to new section 1.15 and renumbering of former section 21 to section 3.3, including amendment of section heading and section filed 9-13-2006; operative 9-13-2006 pursuant to Government Code section 11351(a) (Register 2006, No. 37).
3. Amendment of Note filed 1-8-2014; operative 4-1-2014. Submitted to OAL for limited review pursuant to Government Code section 11351 and Public Utilities Code section 311(h)(Register 2014, No. 2).
4. Amendment of section and Note filed 6-25-2015; operative
5. Amendment of subsections (a)(9) and (b) filed 1-30-2018; operative
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