PRELIMINARY SCOPING MEMO

We preliminarily determine the categorization of this rulemaking proceeding to be "quasi-legislative," as that term is defined in Rule 5(d) of the Commission's Rules of Practice and Procedure. In this rulemaking, we will consider revisions to regulations contained in G.O. 157-C, in particular Part 3.01. Consistent with the quasi-legislative categorization of this proceeding, we anticipate that there will be full panel hearings wherein we will receive information on legislative facts, that is, general facts that help us decide questions of law and policy and discretion (Rule 8(f)(3)). At this time, we do not see a need for hearings for the presentation of adjudicative facts which answer questions such as who did what, where, when, how, why, or with what motive or intent (see Rule 8(f)(1)). We intend to resolve this proceeding within 18 months.

As required in Rule 6(c)(2), any party filing responsive comments to this rulemaking shall include in the comments any objections to the categorization, need for hearing for the presentation of general facts, determination to not hold hearings for the presentation of adjudicative facts, and the preliminary scoping memo. Rule 6.4 provides for appeal of categorization, which may only occur after the Assigned Commissioner issues a ruling, pursuant to Rule 6(c)(2), on category, the need for hearings, and the scoping memo.

If any party to this proceeding believes that an evidentiary hearing for the presentation of adjudicative facts is required in this proceeding, that party must file a motion no later than ten days after the filing of comments. The motion must request an evidentiary hearing and justify the need for an evidentiary hearing by identifying the material disputed factual issues on which a hearing should be held. In addition, this motion should identify the general nature of the adjudicative evidence the party proposes to introduce at the requested hearing. Any right a party may otherwise have to an evidentiary hearing for the presentation of adjudicative facts will be waived if the party does not follow the above procedure for a timely request.

A copy of this rulemaking and the attachments may be obtained from the Commission's Web site. Alternatively, a copy may be obtained by contacting the Commission's Central Files Office at (415) 703-2045 or the Commission's Public Advisor's Office in Los Angeles (213) 576-7055.

If parties are interested in participating in this rulemaking and are unfamiliar with Commission procedures, they should contact the Commission's Public Advisor Office at either (415) 703-2074 or (213) 576-7055.

IT IS ORDERED that:

1. A rulemaking is instituted on the Commission's own motion to examine whether the Commission's regulations regarding prearrangement of charter-party transportation as set forth in General Order (G.O.) 157-C, Part 3.01 should be revised. While Part 3.01 will be the primary focus of this rulemaking, we will also consider changes to other parts of G.O. 157-C that further our goal of preventing charter-party carriers from conducting taxicab or taxicab-like operations under their Commission operating authority.

2. Any person or representative of an entity interested in participating in the rulemaking as a party must send a letter to the Commission's Process Office within ten (10) days from the date of this order. Any person or representative of an entity not seeking party status but interested in being placed on the "Information Only" portion of the service list must send a letter to the Commission's Process Office within ten (10) days from the date of this order. A service list shall be created and distributed within twenty (20) days from the date of this order.

3. After the service list is distributed, persons seeking to participate in this proceeding shall proceed as follows:

(a) To monitor this proceeding, send a written request to be accorded "Information Only" (Non-Party) status to the Commission's Process Office;

(b) To appear as a party, obtain a copy of the service list from the Commission's Process Office and serve a written request for party status on the assigned Administrative Law Judge and all parties on the service list within ten (10) days from the date of this order. A copy of the updated service list will be available at the Commission's Web site.

4. Pursuant to Rule 6(c)(2), we preliminarily determine the categorization of the rulemaking proceeding to be "quasi-legislative," as that term is defined in Rule 5(d). Consistent with the quasi-legislative categorization of this proceeding, there will be hearings at which we anticipate receiving information on legislative facts. At this time, we do not see a need for hearings for the presentation of adjudicative facts.

5. Parties desiring to file comments shall do so within 45 days of the date of this order in accordance with Rules 2, 2.1, 2.2, and 2.5 of the Commission's Rules of Practice and Procedure. Comments shall also be served on the Director of the Consumer Protection and Safety Division, 505 Van Ness Avenue, San Francisco, CA 94102.

6. Staff of the Consumer Protection and Safety Division (CPSD) shall compile a list of comments received and send it to parties on the service list established in accordance with Ordering Paragraph 2. Thereafter, CPSD staff will mail a copy of any of the comments to any party requesting them.

7. As required in Rule 6(c)(2), any party filing responsive comments shall include in the comments any objections to the order regarding category, need for hearing for the presentation of general facts, determination to not hold hearings for the presentation of adjudicative facts, and preliminary scoping memo, including the description of issues.

8. If any party to this proceeding believes that an evidentiary hearing for the presentation of adjudicative facts is required in this proceeding that party must file a motion making that request no later than ten (10) days after the filing of comments. Any right a party may otherwise have to an evidentiary hearing for the presentation of adjudicative facts will be waived if the party does not follow this procedure for a timely request.

9. The Executive Director shall cause a copy of this order to be served upon every charter-party carrier holding authority from the Commission, the City of Los Angeles, the City of San Francisco, the League of California Cities, and the California State Association of Counties.

This order is effective today.

Dated August 8, 2002, at San Francisco, California.

ATTACHMENT A

Draft Revised Part 3.01, General Order 157-C

(Revisions in bold italics)

PREARRANGED TRANSPORTATION. Class A and Class B charter-party carriers, as defined in Public Utilities Code Section 5383, and carriers holding permits under Public Utilities Code Section 5384(b) shall provide transportation only on a prearranged basis. Prearranged basis means that the transportation of the prospective passenger was arranged with the carrier by the passenger, or a representative of the passenger, by either written contract or telephone, or other form of electronic transmission. Carriers, drivers, and their agents are prohibited from soliciting a prospective passenger by any means or device for any transportation not previously arranged by the passenger or a representative of the passenger. The party arranging the transportation shall have exclusive use of the vehicle. Prior to picking up a passenger, the driver shall possess a waybill which includes the following:

1. Name of carrier and TCP number

2. Vehicle license plate number.

3. Driver's name.

4. Name and address of person requesting or arranging the charter.

5. Time and date when charter was arranged.

6. Number of persons in the charter group.

7. Points of origination and destination.

Upon request, the driver shall show the waybill to any Commission or airport enforcement officer, or to any peace officer.

(End of Attachment A)

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