Amended in Assembly June 10, 2013

Amended in Senate April 8, 2013

Senate Bill No. 109

Introduced by Senator Corbett

January 14, 2013

begin delete An act to amend Section 35110 of, and to add Section 35405 to, the Vehicle Code, relating to vehicles. end delete begin insert An act to add Section 5385.7 to the Public Utilities Code, and to add Article 3.4 (commencing with Section 27375) to Chapter 5 of Division 12 of the Vehicle Code, relating to charter-party carriers end insert begin insert . end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 109, as amended, Corbett. begin delete Vehicles: aerodynamic devices. end delete begin insert Charter-party carriers: limousines: emergency exits. end insert

begin insert

(1) The Passenger Charter-party Carriers’ Act, with certain exceptions, prohibits a charter-party carrier of passengers from engaging in transportation services subject to regulation by the Public Utilities Commission without obtaining a specified certificate or permit, as appropriate, from the commission, and imposes various other requirements. Existing law imposes certain penalties for violation of the act. The act also defines a “limousine” for these purposes and imposes specified requirements applicable only to the operator or driver of a limousine. Existing law imposes various additional requirements on the operator of a limousine for hire. A violation of these requirements is a crime.

end insert begin insert

This bill would prohibit any person from operating a limousine in any city, county, or city and county, unless the limousine is equipped with at least 2 rear push-out windows, at least one which is located on each side of the vehicle and at least 2 rear side doors, at least one which located on each side of the vehicle, that are accessible to all passengers and that may be opened manually, as specified.

end insert begin insert

The bill would apply these provisions to limousines manufactured on or after January 1, 2015, and, beginning January 1, 2016, to all vehicles remanufactured or modified as limousines and to all vehicles that were originally manufactured as limousines prior to January 1, 2015. The bill would require an owner or operator of a limousine to instruct all passengers on the safety features of the vehicle prior to the beginning of any trip and to disclose whether the limousine meets the safety requirements described in this bill.

end insert begin insert

(2) Because the bill would create new crimes, the bill would impose a state-mandated local program.

end insert begin insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert begin delete

Existing law limits the length of vehicles and combinations of vehicles coupled together. Under existing law, any extension or device used to increase the carrying capacity of a vehicle is generally included in measuring the length of a vehicle, subject to certain exceptions.

end delete begin delete

This bill would exclude an aerodynamic device, as defined, that extends no more than 5 feet beyond the rear of a vehicle from the calculation of a vehicle’s length if the device meets specified conditions, including that the device does not obscure tail lamps, turn signals, marker lamps, identification lamps, or any other required safety devices.

end delete begin delete

Existing law limits the width of a vehicle to no more than 102 inches, with certain exceptions, including that a vehicle may have an aerodynamic device, as defined, that extends up to 3 inches beyond each side of the vehicle. Existing law prohibits an aerodynamic device from adversely impacting the vehicle’s swept width and turning characteristics.

end delete begin delete

This bill would instead prohibit an aerodynamic device from affecting the vehicle’s turning radius, as defined, or interfering with the vehicle’s ability to complete a turn.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

begin insert

begin insert SECTION end insert begin insert 1. end insert   

end insert

begin insert Section 5385.7 is added to the end insert begin insert Public Utilities
Code end insert begin insert , to read: end insert

begin insert

begin insert 5385.7. end insert   

A charter-party carrier shall not operate a limousine,
as defined by Section 5371.4, unless the limousine is equipped
with emergency exits at the rear of the vehicle as required pursuant
to Article 3.4 (commencing with Section 27375) of Chapter 5 of
Division 12 of the Vehicle Code. The commission shall adopt rules
to implement this section.

end insert

begin insert

begin insert SEC. end insert begin insert 2. end insert   

end insert

begin insert Article 3.4 (commencing with Section 27375) is added
to Chapter 5 of Division 12 of the end insert begin insert Vehicle Code end insert begin insert , to read: end insert

begin insert

 

Article begin insert 3.4. end insert   Emergency Exits for Charter-Party Carriers of
Passengers

 

begin insert 27375. end insert   

(a) Any person who operates a limousine, as defined
in subdivision (i) of Section 5371.4 of the Public Utilities Code,
in any city, county, or city and county shall ensure that the vehicle
has at least two rear side doors and two rear windows that the
rear seat passengers, or all passengers of the vehicle if a partition
separates all of the passengers from the driver, may open from the
inside of the vehicle in case of any fire or other emergency that
may require the immediate exit of the occupants of the vehicle. A
limousine subject to this section shall be equipped with both of the
following:

(1) At least two rear push-out windows that are accessible to
all passengers. At least one push-out window shall be located on
each side of the vehicle. Each push-out window shall be releasable
by operating no more than two mechanisms and allow manual
release of the push-out window by a single occupant. For
mechanisms that require rotary or straight (parallel to the
undisturbed exit surface) motions to operate the release, no more
than 20 pounds of force shall be required to release the push-out
window. For push-out windows that require a straight motion
perpendicular to the undisturbed surface of the push-out window,
no more than 60 pounds shall be required to release the push-out
window. The push-out windows shall comply with any applicable
federal safety standards as deemed necessary by the Department
of the California Highway Patrol.

(2) At least two rear side doors that are accessible to all
passengers and that may be opened manually by any passenger.
At least one rear side door shall be located on each side of the
vehicle. At least one of these side doors shall be located near the
driver’s compartment and another near the back of the vehicle.
The mechanism for releasing these side doors shall not be subject
to being disabled by the driver. These side doors shall comply with
any applicable federal safety standards as deemed necessary by
the Department of the California Highway Patrol.

(b) An owner or operator of a limousine shall do both of the
following:

(1) Instruct all passengers on the safety features of the vehicle
prior to the beginning of any trip.

(2) Disclose to the contracting party and the passengers whether
the limousine meets the safety requirements described in this
section.

(c) (1) Subdivision (a) shall apply to all vehicles manufactured
as limousines on or after January 1, 2015.

(2) Subdivision (a) shall, beginning January 1, 2016, apply to
all vehicles that were remanufactured or modified as limousines
and to all vehicles that were originally manufactured as limousines
prior to January 1, 2015.

end insert

begin insert

begin insert SEC. end insert begin insert 3. end insert   

end insert begin insert

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

end insert

begin delete

  

SECTION 1.  

Section 35110 of the Vehicle Code is amended
to read:

35110.  

(a) Door handles, hinges, cable cinchers, chain binders,
aerodynamic devices, and holders for the display of placards
warning of hazardous materials may extend three inches on each
side of the vehicle.

(b) (1) For purposes of this section, “aerodynamic device”
means a device that uses technologies that minimize drag and
improve airflow over an entire tractor-trailer vehicle. These include
gap fairings that reduce turbulence between the tractor and trailer,
side skirts that minimize wind under the trailer, and rear fairings
that reduce turbulence and pressure drop at the rear of the trailer.
An aerodynamic device shall not have the primary purpose of
advertising and shall not affect the vehicle’s turning radius or
interfere with the vehicle’s ability to complete a turn.

(2) As used in paragraph (1), “turning radius” means the angle
that the tractor can rotate relative to the trailer while completing
a turn.

SEC. 2.  

Section 35405 is added to the Vehicle Code, to read:

35405.  

(a) An aerodynamic device that extends no more than
five feet beyond the rear of a vehicle shall not be included in
measuring the length of the vehicle or combination of vehicles, if
both of the following conditions are met:

(1) The device does not have the strength, rigidity, or mass to
damage a vehicle, or injure a passenger in a vehicle, that strikes
the vehicle equipped with the device from the rear.

(2) The device does not obscure tail lamps, turn signals, marker
lamps, identification lamps, or any other required safety devices,
including, but not limited to, hazardous materials placards or
conspicuity markings.

(b) For purposes of this section, “aerodynamic device” has the
same meaning as defined in Section 35110.

end delete