120260-120269

PUBLIC UTILITIES CODE
SECTION 120260-120269




120260.  The board shall provide input to the San Diego Association
of Governments on the planning and construction of exclusive public
mass transit guideways in the area under its jurisdiction in
conformance with the California Transportation Plan and the regional
transportation plan developed pursuant to Chapter 2.5 (commencing
with Section 65080.1) of Division 1 of Title 7 of the Government
Code.



120261.  Subject to Section 120260, if the board determines that
there is a countywide agency capable of operating exclusive public
mass transit guideways, the board shall contract with that agency for
such operation.


120263.  Priority for guideway development shall be given to meeting
the transportation needs of areawide corridors of travel. If the
transit development board determines that a guideway system intended
solely for an activity center is appropriate, the approval of the
California Transportation Commission is necessary prior to the use of
funds allocated from the State Highway Account in the State
Transportation Fund for the guideway system.



120264.  The transit development board may acquire, construct,
maintain, and operate (or let a contract in conformity with state
labor laws and subdivision (d) of Section 120508 to operate) public
transit systems and related transportation facilities and services as
it deems necessary to carry out the purposes of this division in
conformity with, and to the extent provided in, the San Diego
Regional Transportation Consolidation Act (Chapter 3 (commencing with
Section 132350) of Division 12.7). The various systems, facilities,
and services may be administered by the transit development board
under the name of the San Diego Metropolitan Transit System.




120266.  (a) The San Diego Metropolitan Transit Development Board
may enter into contracts with any city in its area of jurisdiction
and with the County of San Diego to license or regulate by ordinance
any transportation services rendered wholly within the city's
corporate limits or within the unincorporated area.
   (b) The board shall levy the fees necessary to recover the full
cost of licensing and regulating these services.



120267.  (a) The board may, by ordinance, regulate vehicle safety
and driver qualifications for passenger jitney service operating
between cities and between a city and unincorporated portions of San
Diego County within the area of its jurisdiction.
   (b) The board shall levy the fees necessary to recover the full
cost of regulating these services.
   (c) For purposes of this section, the term "passenger jitney
service" includes every corporation or person engaged as a common
carrier, for compensation, in the ownership, control, operation, or
management of a passenger transportation service by motor vehicles of
not more than 15 passenger capacity, excluding the driver, which
operate between fixed termini and over a regular route and generally
on short, nonscheduled, headways.


120268.  The board may enter into cooperative agreements with cities
within its area of jurisdiction and with the County of San Diego to
establish uniform policies and regulations governing the use of bus
passenger loading zones and establishing responsibility and standards
for the maintenance of bus loading zones and any associated
improvements.



120269.  (a) If the board licenses or regulates any transportation
service, pursuant to Section 120266, or any passenger jitney service,
pursuant to Section 120267, and the licensed or regulated service
employs, or contracts with, any driver who (1) is not required to be
tested for controlled substances and alcohol pursuant to Part 382
(commencing with Section 382.101) of Title 49 of the Code of Federal
Regulations, paragraph (3) of subdivision (b) of Section 53075.5 of
the Government Code, Section 1032.1 of this code, or Section 34520 of
the Vehicle Code, and (2) is not exempted under Section 34520 of the
Vehicle Code, the board shall adopt, by ordinance or resolution, a
mandatory controlled substance and alcohol testing certification
program for those drivers.
   (b) The program adopted pursuant to subdivision (a) shall meet
substantially the requirements set forth in paragraph (3) of
subdivision (b) of Section 53075.5 of the Government Code.
   (c) Evidence derived from a positive test result collected
pursuant to the program adopted under subdivision (a) shall not be
admissible in a criminal prosecution concerning unlawful possession,
sale, or distribution of controlled substances.