BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2294
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          ASSEMBLY THIRD READING
          AB 2294 (Block and Fletcher)
          As Amended  April 26, 2010
          Majority vote 

           TRANSPORTATION      11-0                                        
           
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          |Ayes:|Bonnie Lowenthal, Bill    |     |                          |
          |     |Berryhill, Blumenfield,   |     |                          |
          |     |Buchanan, Eng, Furutani,  |     |                          |
          |     |Galgiani, Hayashi,        |     |                          |
          |     |Miller, Niello, Solorio   |     |                          |
          |     |                          |     |                          |
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           SUMMARY  :  Defines the term "pedicab" and authorizes San Diego  
          County or any city within the county to adopt a pedicab operator  
          ordinance or resolution that includes, but is not limited to, a  
          requirement that the pedicab operator obtain a valid California  
          Department of Motor Vehicles (DMV) driver's license.   
          Specifically,  this bill  :  

          1)Defines the term "pedicab" as either:  

             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; and,  

             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.  

          2)Authorizes San Diego County or any city within the county to  
            adopt a pedicab operator ordinance or resolution that  
            includes, but not limited to, a requirement that the operator  
            of the pedicab obtain a valid DMV driver's license.  

           EXISTING LAW  :  

          1)Pursuant to the United States Constitution, authorizes  








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            governments to exercise reasonable control over persons and  
            property within its jurisdiction in the interest of the  
            general security, health, safety, morals, and welfare except  
            where legally prohibited.  

          2)Pursuant to the California Constitution, authorizes a city or  
            county to make and enforce within its limits all local,  
            police, sanitary, and other ordinances and regulations not in  
            conflict with general laws.  

          3)Authorizes local authorities to adopt rules and regulations by  
            ordinance or resolution regarding, among other matters:  

             a)   The licensing and regulating the operation of vehicles  
               for hire and drivers of passenger vehicles for hire; and,  

             b)   The operation of bicycles and electric carts, as  
               defined, on the public sidewalks.  

          4)Authorizes a city or county that adopts a bicycle licensing  
            ordinance or resolution, to prohibit the operation of a  
            bicycle on any street, road, highway, or other public property  
            within the jurisdiction of the city or county unless the  
            bicycle is licensed in accordance with the adopted standards.   


          5)Establishes that a bicycle rider upon a highway has all the  
            rights and is subject to all the provisions applicable to the  
            driver of a vehicle, as specified.  

          6)Defines a bicycle as a device upon which any person may ride,  
            propelled exclusively by human power through a belt, chain, or  
            gears, and having one or more wheels.  

          7)Requires California residents who drive a motor vehicle on  
            public highways to have a DMV driver's license, with specified  
            exceptions.  

           FISCAL EFFECT  :  Unknown

           COMMENTS  :  Pedicabs are foot-operated bicycle taxis that carry  
          their passengers in open-air seating.  They are pollution free  
          and provide an alternative to regular taxicabs for  
          short-distance travel.  In California, pedicab fleets can be  








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          found in Sacramento, San Diego, San Francisco, San Jose, Santa  
          Barbara, Santa Cruz, Stockton, and elsewhere.  

          Existing law authorizes a city or county to adopt and enforce  
          any local ordinance governing zoning, business licensing, and  
          reasonable health and safety requirements.  Accordingly, local  
          entities are separately enacting ordinances to regulate the  
          operation of pedicabs within their local jurisdictions.  Similar  
          to San Diego's prior pedicab ordinance, most of the California  
          cities with pedicab ordinances currently require a DMV driver's  
          license in order to obtain an operating permit.  This bill would  
          authorize San Diego County or any city within the county to  
          adopt a pedicab operator ordinance or resolution that would  
          include, but not be limited to, a requirement for the operator  
          to have a valid DMV driver's license.  

          Purpose of this bill:  According to the author's office, the  
          City of San Diego's (San Diego) attorneys contend that they do  
          not have the explicit authority to require a DMV driver's  
          license as a condition of issuing a local pedicab-for-hire  
          operating permit.  Originally, their ordinance required, similar  
          to what other California local entities now require, a valid DMV  
          driver's license as a condition of obtaining an operators  
          license.  San Diego's purpose, in introducing this bill, is "to  
          improve public safety by allowing cities to require operators of  
          pedicabs to obtain a DMV driver's license, thereby ensuring  
          knowledge of road rules and traffic safety."  

          New and Old San Diego Pedicab Ordinance:  On October 12, 2009,  
          the San Diego City Council enacted a new pedicab ordinance to  
          better regulate the pedicab industry and restore the safe,  
          orderly flow of traffic in congested areas.  Since that time,  
          and pursuant to the requirements of the ordinance, San Diego  
          began issuing approximately 250 restricted zone operating permit  
          decals to pedicab owners and operators.  The decals permit  
          pedicab operators to conduct business in any four restricted  
          zones located throughout the city, including downtown.  In  
          accordance with the new ordinance, instead of a DMV driver's  
          license, a valid form of federal- or state-issued photo  
          identification is required when applying for the driver's  
          operating permit.  

          The prior San Diego pedicab ordinance required a DMV driver's  
          license as a condition of the operating permit.  However,  








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          according to city council notes, "because pedicabs are human  
          powered vehicles, the city cannot require a motor vehicle  
          driver's license to operate a pedicab, just as we cannot require  
          a driver's license to operate a bicycle.  The city could seek  
          legislation in Sacramento to amend the Vehicle Code to delegate  
          the authority to regulate pedicabs to local jurisdictions, this  
          would allow the city to require a valid California driver's  
          license to operate a pedicab to assure that the pedicab operator  
          has demonstrated knowledge of the rules of the road before being  
          allowed to transport passengers for hire."  

          DMV driver's license and pedicab safe operations:  This bill was  
          the subject of debate of the California Bicycle Advisory  
          Committee at its April 8, 2010 meeting.  Formed by the  
          California Department of Transportation (Caltrans) in 1992, the  
          committee is composed of 13 members who represent various  
          California agencies and organizations.  The committee provides  
          guidance to Caltrans on bicycle issues.  At the meeting, members  
          generally indicated to the author's office that they questioned  
          the need for this bill, especially as local governments  
          currently regulate pedicab operations without state  
          intervention.  Members also indicated that the requirement of a  
          DMV driver's license would not provide the pedicab operator with  
          greater knowledge of operating a pedicab in roadway traffic or  
          increased ability to drive a pedicab safer.  It should be noted  
          that no bicycle representative or organization spoke in favor of  
          this bill.  

          Writing in opposition to this bill, the Californian Association  
          of Bicycling Organizations (CABO) indicates the following:  

          1)The DMV driver's license requires testing in an automobile;  
            most newcomers don't have an automobile or car insurance.   
            (This looks like a way to reduce competition for current  
            operators by adding a hurdle for entry into the field for  
            pedicab operation by new [usually temporary immigrant]  
            operators and those who do not own or operate motor vehicles.)  
             

          2)The DMV driver's license training or testing does not cover  
            bicycling specific material/information, etc. or anything  
            about handling a pedicab.  

          3)The DMV driver's license doesn't cover pedicab specific  








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            material - where to operate, park, passenger carrying, etc.   
            Much of this will be specific to the city where the applicant  
            seeks to work.  

          4)The fatality that occurred in San Diego had nothing to do with  
            anything covered by the information, training, or testing for  
            a DMV driver's license.  On the other hand, it did have  
            everything to do with the operating characteristics and  
            passenger handling for a pedicab.  

           
          Analysis Prepared by  :   Ed Imai / TRANS. / (916) 319-2093 




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