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:  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

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           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 driver's 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  
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          operators other than a driver's license, including a valid  
          California identification card accompanied by proof of  
          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  

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                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.

          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 identification 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  

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          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.:  Yes    
          Local:  Yes

           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.  

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           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  8/19/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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