Cal. Code Regs. tit. 20 § 3.3

Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 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.

Cal. Code Regs. Tit. 20, § 3.3

1. Renumbering and amendment of former section 8.14 to new section 3.3 filed 10-19-98; designated effective 1-1-98 by Decision 97-12-043. Submitted to OAL for printing only (Register 98, No. 43).
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.

1. Renumbering and amendment of former section 8.14 to new section 3.3 filed 10-19-98; designated effective 1-1-98 by Decision 97-12-043. Submitted to OAL for printing only (Register 98, No. 43).
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).