BILL NUMBER: AB 2294	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 23, 2010
	PASSED THE ASSEMBLY  AUGUST 24, 2010
	AMENDED IN SENATE  AUGUST 19, 2010
	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 Sections 21100 and 21200 of, and to add Section
467.5 to, the Vehicle Code, relating to pedicabs.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2294, Block. Pedicabs: licensing.
   (1) 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" 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.
   (2) 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.
   (3) The bill would incorporate changes to Section 21100 of the
Vehicle Code proposed by both this bill and AB 2756, which would
become operative only if both bills are enacted and become effective
on or before January 1, 2011, each bill amends that section, and this
bill is enacted last.
   (4) 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.


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 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. 2.5.  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) (1) Regulating traffic by means of a person given temporary or
permanent appointment for that duty by the local authority when
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.
   (2) 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) Regulating mobile billboard advertising displays, as defined
in Section 395.5, including the establishment of penalties, which may
include, but is not limited to, removal of the mobile billboard
advertising display and misdemeanor criminal penalties, for a
violation of the ordinance or resolution.
   (n) Licensing and regulating the operation of pedicabs for hire,
as defined in Section 467.5, and operators of pedicabs for hire,
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) 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) 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.  Section 2.5 of this bill incorporates amendments to
Section 21100 of the Vehicle Code proposed by both this bill and AB
2756. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2011, (2) each bill
amends Section 21100 of the Vehicle Code, and (3) this bill is
enacted after AB 2756, in which case Section 2 of this bill shall not
become operative.
  SEC. 5.  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.