BILL NUMBER: AB 2294	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 12, 2010
	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 amend  Section 21100   Sections
21100 and 21200  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 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 
 for purposes of the Vehicle Code. The bill  would authorize
a city or county to adopt rules and regulations  ,  by an
ordinance or resolution  ,  licensing and regulating the
operation of pedicabs for hire, and operators of pedicabs for hire,
including requiring  one or more of the following: (1)  a
valid California driver's license  ; (2) proof of successful
completion of a bicycle safety training course certified by the
League of American Bicyclists or an equivalent organization as
determined by the local authority; or (3) a valid California
identification card and proof of successful completion of the written
portion of the California driver's license examination  . 
   Under existing law, every person riding a bicycle upon a highway
has all the rights of, and is subject to specified provisions in, the
Vehicle Code, including rules of the road, that are applicable to
the driver of a vehicle.  
   This bill would make those provisions also applicable to a person
operating a pedicab. By making the operation of a pedicab subject to
the Vehicle Code, a violation of which is a crime, this bill would
impose a state-mandated local program.  
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


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  being 
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  being  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) This subdivision 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.
  including requiring one or more of the following
documents:  
   (1) A valid California driver's license.  
   (2) Proof of successful completion of a bicycle safety training
course certified by the League of American Bicyclists or an
equivalent organization as determined by the local authority. 

   (3) A valid California identification card and proof of successful
completion of the written portion of the California driver's license
examination administered by the department. The department shall
administer, without charging a fee, the original driver's license
written examination on traffic laws and signs to a person who states
that he or she is, or intends to become, a pedicab operator, and who
holds a valid California identification card or has successfully
completed an application for a California identification card. If the
person achieves a passing score on the examination, the department
shall issue a certificate of successful completion of the
examination, bearing the person's name and identification card
number. The certificate shall not serve in lieu of successful
completion of the required examination administered as part of any
subsequent application for a driver's license. The department is not
required to enter the results of the examination into the
computerized record of the person's identification card or otherwise
retain a record of the examination or results. 
   SEC. 3.    Section 21200 of the   Vehicle
Code   is amended to read: 
   21200.  (a)  Every   A  person riding a
bicycle  or operating a pedicab  upon a highway has all the
rights and is subject to all the provisions applicable to the driver
of a vehicle by this division, including, but not limited to,
provisions concerning driving under the influence of alcoholic
beverages or drugs, and by Division 10 (commencing with Section
20000), Section 27400, Division 16.7 (commencing with Section 39000),
Division 17 (commencing with Section 40000.1), and Division 18
(commencing with Section 42000), except those provisions which by
their very nature can have no application.
   (b) (1)  Any   A  peace officer, as
defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2 of the Penal Code, operating a bicycle during the course of
his or her duties is exempt from the requirements of subdivision (a),
except as those requirements relate to driving under the influence
of alcoholic beverages or drugs, if the bicycle is being operated
under any of the following circumstances:
   (A) In response to an emergency call.
   (B) While engaged in rescue operations.
   (C) In the immediate pursuit of an actual or suspected violator of
the law.
   (2) This subdivision does not relieve a peace officer from the
duty to operate a bicycle with due regard for the safety of all
persons using the highway.
   SEC. 4.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.