BILL ANALYSIS                                                                                                                                                                                                    






           SENATE TRANSPORTATION & HOUSING COMMITTEE       BILL NO: AB 2294
          SENATOR ALAN LOWENTHAL, CHAIRMAN               AUTHOR:  Block
                                                         VERSION: 4/26/10
          Analysis by:  Jennifer Gress                   FISCAL:  no
          Hearing date:  June 22, 2010








          SUBJECT:

          Driver's licenses for pedicab operators

          DESCRIPTION:

          This bill defines "pedicab" and permits the County of San Diego,  
          or a city therein, to adopt a pedicab licensing ordinance that  
          includes a requirement that an operator obtain a valid  
          California driver's license.

          ANALYSIS:

          The California Vehicle Code provides that its provisions are  
          applicable and uniform throughout the state.  One such  
          provision, which is related to this measure, is that a person  
          must have a valid driver's license in order to operate a motor  
          vehicle upon a highway.  A local authority may not enact or  
          enforce any ordinance on matters covered by the Vehicle Code  
          unless it expressly authorizes a local authority to do so.  

          Among the subject matters the Vehicle Code permits local  
          authorities to regulate is the operation of vehicles for hire  
          (e.g., taxis) and drivers of passenger vehicles for hire,  
          excluding vehicles that are human-powered, as well as the  
          operation of bicycles and electric carts on the public  
          sidewalks.  Local authorities may also regulate the registration  
          of bicycles and the parking and operation of bicycles on  
          pedestrian or bicycle facilities, provided such regulation is  
          not in conflict with the California Vehicle Code.

          Existing law defines a "bicycle" as a "device upon which any  
          person may ride, propelled exclusively by human power through a  




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          belt, chain, or gears, and having one or more wheels."  Every  
          person riding a bicycle upon the highway has all the rights and  
          is subject to all the provisions applicable to the driver of a  
          vehicle, except those provisions which by their very nature can  
          have no application.  Bicyclists are not required, however, to  
          have a driver's license to operate a bicycle upon the highway.  
           
          This bill  :

           Defines "pedicab" as a bicycle that is operated by a person,  
            which is used for transporting passengers for hire, that has  
            three or more wheels or pulls a trailer, sidecar, or similar  
            device, and that transports or is capable of transporting  
            passengers on seats attached to the bicycle, trailer, sidecar,  
            or similar device.

           Allows the County of San Diego or any city therein to adopt a  
            pedicab licensing ordinance that includes a requirement that  
            the pedicab operator have a valid California driver's license.
          
          COMMENTS:

           1.Purpose  .  According to the author, pedicabs operate in high  
            density areas frequented by tourists, and passengers expect  
            that the operator will obey the rules of the road and  
            transport them in a safe manner.  The City of San Diego, the  
            sponsor, contends that a valid California driver's license  
            indicates that a person has been tested and understands the  
            rules of the road, an essential competency expected of pedicab  
            operators.  Because of the commercial nature of pedicabs and  
            the need for motor vehicles and pedicabs to operate in harmony  
            with one another on the roadways, requiring a California  
            driver's license will, according to the author, promote public  
            safety.  

           2.History of pedicab regulation in San Diego and need for the  
            bill  .  The City of San Diego has regulated pedicabs since  
            2000.  In 2007, as the number of pedicabs operating in the  
            city was increasing, the city received numerous complaints  
            about pedicabs from downtown residents and businesses.  The  
            complaints primarily concerned the overcharging of fares,  
            improper parking, and the lack of proof of insurance. There  
            were also complaints about the volume of pedicabs in certain  
            areas causing traffic disruption and interfering with  
            pedestrian flow at intersections.  To address these concerns,  
            the city council engaged in a comprehensive examination of the  




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            licensing procedures for pedicabs and proposed a series of  
            changes.  The staff recommendations were not acted upon,  
            however, until a pedicab passenger was fatally injured when  
            she fell from a moving pedicab on July 4, 2009.  

            As a result of this accident, the recommendations were brought  
            before the city council at which time the city attorney  
            reviewed the existing ordinance and the proposed changes.  The  
            existing ordinance included a requirement that pedicab  
            operators hold a valid California driver's license, which the  
            San Diego City Council had originally adopted in 1999.  Upon  
            review ten years later, the city attorney concluded that the  
            city did not in fact have authority to require a driver's  
            license of pedicab operators.  In a recent memo, the city  
            attorney argued that the Vehicle Code preempts local  
            ordinances and articulates the vehicles that require a license  
            to operate.  By specifying motor vehicles, the city attorney  
            contends that provisions of the Vehicle Code regarding the  
            types of vehicles that require licenses represent an intention  
            to exclude human-powered vehicles or devices from licensing  
            requirements, thus preempting local governments from  
            establishing such requirements themselves. 

            Based on this interpretation, the city attorney recommended  
            that the city council repeal the requirement from its existing  
            ordinance and seek legislation to explicitly authorize the  
            city to require one.  This bill responds to that  
            recommendation.  

           3.Need for the bill debated  .  Some believe that the City of San  
            Diego does in fact have the authority to require pedicab  
            operators to hold a driver's license, noting that several  
            cities require pedicab operators to have one in order to  
            operate a pedicab.  The opposition contends that having  
            knowledge of the safe operation of a motor vehicle and of  
            motor vehicle laws would not have prevented the fatality that  
            occurred on July 4, 2009.  In that incident, according to  
            media reports, the pedicab operator was riding in an unsafe  
            manner, swerving from side to side in a "serpentine pattern,"  
            in an area that was clearly marked for pedestrians only.   
            Additionally, the pedicab was not equipped with seatbelts, as  
            required by San Diego's municipal ordinance.  Furthermore, the  
            safety concerns raised by pedicabs may be better addressed  
            through providing or requiring training for pedicab operators.  
              Finally, if the city wants to ensure that pedicab operators  
            understand the rules of the road, the city could develop its  




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            own written exam, as the City of Portland has.

           4.Driver's license to ride a bicycle  ?   Because a pedicab meets  
            the definition of "bicycle," the opposition believes it is  
            inappropriate to require pedicab operators or any bicyclist to  
            have a driver's license and is concerned that allowing local  
            governments to require that a pedicab operator possess a  
            driver's license will pave the way for requiring all  
            bicyclists to hold one.  The opposition argues that many  
            pedicab operators do not own a motor vehicle or have insurance  
            and that driver training and testing does not include material  
            specific to bicycles or pedicabs.  

           5.Statewide  ?  Because the need for the bill was disputed, the  
            Assembly Transportation Committee amended the bill during  
            committee to limit its applicability to San Diego County and  
            any city therein.  Some cities (e.g., San Francisco) also  
            require a driver's license to operate a pedicab in that city.   
            Limiting the authority to San Diego raises a question  
            regarding whether these other cities would now be operating in  
            violation of the law.  Furthermore, if the authority is  
            appropriate for San Diego, why not allow it statewide?  For  
            this reason, if this bill moves forward, the author or  
            committee may wish to amend the bill to provide that its  
            authority apply statewide.

           6.Technical amendments  .  Rather than create a new section in the  
            Vehicle Code, the author or committee may wish to consider two  
            technical amendments to incorporate provisions of the bill  
            into the relevant areas of current law.  First, the amendments  
            could create a new section in Division 1 of the Vehicle Code  
            defining "pedicabs."  Second, granting authority to local  
            authorities to require pedicab operators to hold a driver's  
            license could be incorporated into subdivision (b) of Section  
            21100, which allows local authorities to license and regulate  
            vehicles for hire.
            
          Assembly Votes:
               Floor:    73-1
               Trans:    11-0

          POSITIONS:  (Communicated to the Committee before noon on  
          Wednesday, 
                     June 16, 2010)

               SUPPORT:  City of San Diego (sponsor)




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                         City of San Marcos
          
               OPPOSED:  California Association of Bicycling Organizations