BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  AB 2294|
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                                 THIRD READING


          Bill No:  AB 2294
          Author:   Block (D), et al
          Amended:  6/24/10 in Senate
          Vote:     21

           
           SENATE TRANSPORTATION & HOUSING COMMITTEE  :  6-0, 6/22/10
          AYES: Lowenthal, Huff, DeSaulnier, Harman, Pavley, Simitian
          NO VOTE RECORDED: Ashburn, Kehoe, Oropeza

           ASSEMBLY FLOOR  :  73-1, 5/3/10 - See last page for vote


           SUBJECT  :    Drivers licenses for pedicab operators

           SOURCE  :     City of San Diego


           DIGEST  :    This bill defines pedicab and allows local  
          authorities to license and regulate the operation of  
          pedicabs for hire including a requirement that an operator  
          obtain a valid California drivers 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  
                                                           CONTINUED





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          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 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:

          1. Defines "pedicab" as a bicycle that is operated by a  
             person that 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.

          2. Allows local authorities to license and regulate the  
             operation of pedicabs for hire and require the operator  
             of pedicabs for hire to have a valid California driver's  
             license. 

           Background
           
          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  







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          with pedestrian flow at intersections.  To address these  
          concerns, the city council engaged in a comprehensive  
          examination of the 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.  

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

           SUPPORT  :   (Verified  6/23/10)

          City of San Diego (source)
          City of San Marcos

           OPPOSITION  :    (Verified  6/23/10)

          California Association of Bicycling Organizations







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          ARGUMENTS IN SUPPORT  :    According to the author's office,  
          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 of this bill, 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's  
          office, promote public safety.  

           ARGUMENTS IN OPPOSITION  :    The California Association of  
          Bicycling Organizations (CABO) opposes this bill and  
          believes requiring commercial operators of pedicabs have a  
          valid California driver's license (CDL) is inappropriate,  
          and argues that a testing and certification program for  
          bicycling operation competency is a better method for  
          ensuring public safety.  CABO believes there a many reasons  
          not to require pedicab operators to have a CDL, such as the  
          CDL requires testing in an automobile and some pedicab  
          operators do not have an automobile or insurance, and the  
          CDL training does not cover bicycle specific or pedicab  
          specific material.  CABO argues "the fatality that occurred  
          in San Diego had nothing to do with anything covered by the  
          information, training or testing for a CDL.  On the other  
          hand, it did have everything to do with the operating  
          characteristics and passenger handling for pedicabs."

           ASSEMBLY FLOOR : 
          AYES:  Adams, Ammiano, Arambula, Bass, Beall, Bill  
            Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,  
            Bradford, Brownley, Buchanan, Caballero, Charles  
            Calderon, Carter, Chesbro, Conway, Cook, Coto, Davis, De  
            La Torre, De Leon, DeVore, Emmerson, Eng, Evans, Feuer,  
            Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines,  
            Galgiani, Garrick, Gilmore, Hagman, Harkey, Hayashi,  
            Hernandez, Hill, Huber, Huffman, Jeffries, Jones, Lieu,  
            Logue, Bonnie Lowenthal, Ma, Mendoza, Miller, Monning,  
            Nava, Nestande, Niello, Nielsen, V. Manuel Perez,  
            Portantino, Ruskin, Salas, Silva, Skinner, Smyth,  







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            Solorio, Audra Strickland, Swanson, Torlakson, Torres,  
            Torrico, Tran, Villines, Yamada
          NOES:  Anderson
          NO VOTE RECORDED:  Hall, Knight, Norby, Saldana, John A.  
            Perez, Vacancy


          JJA:do  6/23/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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