BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 2294| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 2294 Author: Block (D), et al Amended: 8/12/10 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. Senate Floor Amendments of 8/12/10 narrow the definition of "pedicab" by referring to pedicabs that are "being used" to transport passengers for hire, as opposed to a pedicab that is being operated on the streets, but is not working for hire or carrying any passengers, specify that pedicab operators on the road have the same rights and responsibilities as do the drivers of vehicles, and authorize items that a local agency may require of pedicab operators other than a driver's license, including a valid California identification card accompanied by proof of CONTINUED AB 2294 Page 2 successful completion of the written portion of the driver's license examination and proof of successful completion of a bicycle training course. 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 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 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 being operated by a person, and that is used for transporting passengers for hire. CONTINUED AB 2294 Page 3 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. 2. Allows local authorities to license and regulate the operation of pedicabs for hire including requiring pedicab operators have one or more of the following: A. A valid California driver's license. B. A valid California indentification card and proof of successful completion of the written portion of the drivers' license examination administered by Department of Motor Vehicles, as specified. C. Proof of successful completion of a bicycle safety training course certified by the League of American Bicyclists or similar organization. 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 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 CONTINUED AB 2294 Page 4 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 8/12/10) City of San Diego (source) City of San Marcos California League of Cities 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. CONTINUED AB 2294 Page 5 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, 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 8/16/10 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED