CONSUMER NEWS SAN DIEGO CITY ATTORNEY’S OFFICE

Party

July 2011

Young adults and teenagers SAFETY CONCERNS: often hire buses for special buses are often booked to events. These vehicles, known The biggest concerns regarding transport young people to high as “party buses,” have increased party buses stem from passengers school dances or other large social in popularity across the country. drinking alcohol while on board the events like and concerts. vehicles. drivers are under no These buses often do not have legal obligation to check the age of parent chaperones. Last month, There are very few laws that passengers. Passengers usually charges were filed against a 17 regulate party bus operators. supply their own alcohol on the year-old high school student in This newsletter explains these buses and there is no law that Massachusetts after a 16 year-old laws and the activities that are precludes drinking alcohol on a classmate accused him of sexually and are not regulated. bus. assaulting her on the bus and raping her in the parking lot. The victim WHAT IS A PARTY BUS? There have been incidents where believes she was drugged from an passengers on party buses have alcoholic drink handed to her on A party bus is a school or charter become unruly and have hurt one the party bus, which was en route bus with a renovated interior. The another. In Los Angeles, to a concert. The concert-goers on buses typically have seating for passengers on a party bus shot one the party bus were all high school large groups and come equipped another. The LAPD notes the rise students. with features like stripper poles, of assaults, public drunkenness and dance floors, upgraded sound conflicts between unruly party bus systems, fog machines, lasers and passengers. strobe lights. Party bus operators must have a Passengers who drink on a party charter bus license issued by the These vehicles are used for purely bus may drive their own vehicles California Public Utilities recreational purposes, and are home after the bus ride, impaired Commission (CPUC). The desired usually hired to chauffer - and posing a danger to others on distance of transportation from the goers, , or groups the road. In February 2010, a 19 company’s home terminal of friends to and from events, or year-old teenager from Northern determines the type of license simply take passengers on “booze- California died when he crashed his requested, and the filing fees range cruise” excursions in which the car after celebrating his friend’s from $500 to $1,500. In addition to driver spends the evening shuttling twenty-first birthday on a party bus. the license application, the passengers to several bars and His blood alcohol level was more operators must provide evidence of clubs. than three times the legal limit. liability insurance and workers’

SERVING CONSUMERS AND PROTECTING COMMERCE compensation insurance, participate companies. If passed, the law  If you are planning to hire in the Dept. of Motor Vehicles would require party bus drivers to a party bus, call the Employer-Pull-Notice System and check identification of all California Public Utilities the CPUC’s drug and alcohol passengers, read a statement to Commission at 1-800-894- testing program, and undergo a inform passengers that underage 9444 to check if the California Highway Patrol safety drinking is unlawful, and obtain business is licensed and inspection. signatures from all underage insured, and whether passengers. Also, upon discovery consumers have filed any Once hired, the driver of a party of alcoholic consumption by an complaints against the bus must have a waybill that underage passenger, the driver company. includes the following information: would be obligated to drop off the offending passengers at the  Name of carrier and TCP customer’s home, nearest police number station, or any other point mutually  Vehicle license plate agreed to by both parties, or risk Complaints against party bus number facing fines of $2,000, license companies may be filed by  Driver’s name suspension, revocation, and contacting the CPUC. Email  Name and address of misdemeanor charges. [email protected], call 1- person arranging the 800-894-9444, or writing the, charter CPUC Consumer Protection and  Time and date when Safety Division, 505 Van Ness charter was arranged  Discuss the importance of Avenue, San Francisco, CA 94102.  Whether the drinking responsibly with Complaint forms can be found on transportation was your children. the CPUC website: arranged by telephone or  If your underage son or http://www.cpuc.ca.gov/static/form written contract daughter requests a party s/complaints/psg+complaint+form.  Number of persons in the bus or has plans to go on a pdf charter group party bus excursion, make  Name of at least one it clear that alcohol is not passenger in the traveling allowed. San Diego party, or identifying  Arrange rides to and from City Attorney’s Office information of the the point of origin to Consumer and Environmental traveling party’s affiliation prevent your son or Protection Unit  Points of origin and daughter from driving (619) 533-5600 destination. under the influence of alcohol. Violations of these laws occurring  Familiarize yourself with Newsletter written by Legal Intern within the City of San Diego are your son’s or daughter’s Jennifer Bautista prosecuted by the City Attorney’s friends who will ride on Consumer & Environmental the party bus. Sources: Los Angeles Times, The Protection Unit.  Talk to the party bus Sun Chronicle, California company and driver to Assembly Bill 45 and Public Currently, a party bus owner or ensure that they will not Utilities Code Section 5384.1 driver has no duty to prevent tolerate underage underage drinking on board the drinking. The information provided in this vehicle. California law holds  Check the vehicle for the newsletter is intended to convey companies responsible charter-party carrier general information and is not for underage drinking on board number displayed to intended to be relied upon as legal their vehicles, but party buses are ensure that they are advice. not classified as . licensed by the CPUC.  The CPUC website To report violations of consumer Proposed legislation (California (http://www.cpuc.ca.gov) protection laws, call the City Assembly Bill 45) would expand provides a list of licensed Attorney’s Hotline at (619) 533- the existing Public Utility Code limo and party bus 5600. section regulating limousine companies. companies to include party bus

SERVING CONSUMERS AND PROTECTING COMMERCE