BILL NUMBER: AB 2294	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 24, 2010
	AMENDED IN ASSEMBLY  APRIL 26, 2010

INTRODUCED BY   Assembly Members Block and Fletcher
   (Coauthor: Senator Kehoe)

                        FEBRUARY 18, 2010

    An act to add Section 21206.5 to the Vehicle Code,
relating to pedicabs.   An act to amend Section 21100
of, and to add Section 467.5 to, the Vehicle Code, relating to
pedicabs. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2294, as amended, Block. Pedicabs: licensing.
    Existing law regulates the operation of bicycles. Under existing
law, local authorities may regulate, by ordinance  , the
registration of bicycles and the parking and operation of bicycles on
pedestrian or bicycle facilities provided the regulation does not
conflict with the Vehicle Code   or resolution, among
other things, the licensing and operation of vehicles for hire and
drivers of passenger vehicles for hire  .
   This bill would define the term "pedicab" and would authorize
 the County of San Diego or a city in the   a
city or  county to adopt  a pedicab licensing ordinance
or resolution that includes, but would not be limited to, a
requirement that the operator of the pedicab obtain a valid
California driver's license   rules and regulations by
an ordinance or resolution li   censing and regulating the
operation of pedicabs for hire, and operators of pedicabs for hire,
including requiring a valid California driver's license .

   This bill would make legislative findings and declarations as to
the necessity of a special statute for the County of San Diego.

   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 467.5 is added to the 
 Vehicle Code   , to read:  
   467.5.  "Pedicab" means either of the following:
   (a) A bicycle that has three or more wheels, that transports, or
is capable of transporting, passengers on seats attached to the
bicycle, that is operated by a person, and that is used for
transporting passengers for hire.
   (b) A bicycle that pulls a trailer, sidecar, or similar device,
that transports, or is capable of transporting, passengers on seats
attached to the trailer, sidecar, or similar device, that is operated
by a person, and that is used for transporting passengers for hire.

   SEC. 2.    Section 21100 of the   Vehicle
Code   is amended to read: 
   21100.  Local authorities may adopt rules and regulations by
ordinance or resolution regarding the following matters:
   (a) Regulating or prohibiting processions or assemblages on the
highways.
   (b) Licensing and regulating the operation of vehicles for hire
and drivers of passenger vehicles for hire.
   (c) Regulating traffic by means of traffic officers.
   (d) Regulating traffic by means of official traffic control
devices meeting the requirements of Section 21400.
   (e) Regulating traffic by means of a person given temporary or
permanent appointment for that duty by the local authority whenever
official traffic control devices are disabled or otherwise
inoperable, at the scenes of accidents or disasters, or at locations
as may require traffic direction for orderly traffic flow.
   A person shall not be appointed pursuant to this subdivision
unless and until the local authority has submitted to the
commissioner or to the chief law enforcement officer exercising
jurisdiction in the enforcement of traffic laws within the area in
which the person is to perform the duty, for review, a proposed
program of instruction for the training of a person for that duty,
and unless and until the commissioner or other chief law enforcement
officer approves the proposed program. The commissioner or other
chief law enforcement officer shall approve a proposed program if he
or she reasonably determines that the program will provide sufficient
training for persons assigned to perform the duty described in this
subdivision.
   (f) Regulating traffic at the site of road or street construction
or maintenance by persons authorized for that duty by the local
authority.
   (g) (1) Licensing and regulating the operation of tow truck
service or tow truck drivers whose principal place of business or
employment is within the jurisdiction of the local authority,
excepting the operation and operators of any auto dismantlers' tow
vehicle licensed under Section 11505 or any tow truck operated by a
repossessing agency licensed under Chapter 11 (commencing with
Section 7500) of Division 3 of the Business and Professions Code and
its registered employees.
   (2) The Legislature finds that the safety and welfare of the
general public is promoted by permitting local authorities to
regulate tow truck service companies and operators by requiring
licensure, insurance, and proper training in the safe operation of
towing equipment, thereby ensuring against towing mistakes that may
lead to violent confrontation, stranding motorists in dangerous
situations, impeding the expedited vehicle recovery, and wasting
state and local law enforcement's limited resources.
   (3)  Nothing in this   This  subdivision
 shall   does not  limit the authority of
a city or city and county pursuant to Section 12111.
   (h) Operation of bicycles, and, as specified in Section 21114.5,
electric carts by physically disabled persons, or persons 50 years of
age or older, on the public sidewalks.
   (i) Providing for the appointment of nonstudent school crossing
guards for the protection of persons who are crossing a street or
highway in the vicinity of a school or while returning thereafter to
a place of safety.
   (j) Regulating the methods of deposit of garbage and refuse in
streets and highways for collection by the local authority or by any
person authorized by the local authority.
   (k) (1) Regulating cruising.
   (2) The ordinance or resolution adopted pursuant to this
subdivision shall regulate cruising, which is the repetitive driving
of a motor vehicle past a traffic control point in traffic that is
congested at or near the traffic control point, as determined by the
ranking peace officer on duty within the affected area, within a
specified time period and after the vehicle operator has been given
an adequate written notice that further driving past the control
point will be a violation of the ordinance or resolution.
   (3) A person is not in violation of an ordinance or resolution
adopted pursuant to this subdivision unless both of the following
apply:
   (A) That person has been given the written notice on a previous
driving trip past the control point and then again passes the control
point in that same time interval.
   (B) The beginning and end of the portion of the street subject to
cruising controls are clearly identified by signs that briefly and
clearly state the appropriate provisions of this subdivision and the
local ordinance or resolution on cruising.
   (  l  ) Regulating or authorizing the removal by peace
officers of vehicles unlawfully parked in a fire lane, as described
in Section 22500.1, on private property. A removal pursuant to this
subdivision shall be consistent, to the extent possible, with the
procedures for removal and storage set forth in Chapter 10
(commencing with Section 22650). 
   (m) Licensing and regulating the operation of pedicabs for hire,
as defined in Section 467.5, and operators of pedicabs for hire,
including requiring a valid California driver's license. 

  SECTION 1.    Section 21206.5 is added to the
Vehicle Code, to read:
   21206.5.  (a) For purposes of this section, "pedicab" means either
of the following:
   (1) A bicycle that has three or more wheels, that transports, or
is capable of transporting, passengers on seats attached to the
bicycle, that is operated by a person, and that is used for
transporting passengers for hire.
   (2) A bicycle that pulls a trailer, sidecar, or similar device,
that transports, or is capable of transporting, passengers on seats
attached to the trailer, sidecar, or similar device, that is operated
by a person, and that is used for transporting passengers for hire.
   (b) The County of San Diego or a city within the county may adopt
a pedicab licensing ordinance or resolution that includes, but is not
limited to, a requirement that the operator of the pedicab obtain a
valid California driver's license, so as to ensure that the pedicab
operator has demonstrated knowledge of the applicable requirements of
this code before being allowed to transport passengers for hire.
 
  SEC. 2.    The Legislature finds and declares that
a special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the unique need to regulate the
numerous pedicabs operating in the County of San Diego, and to ensure
the safety of passengers and pedestrians.