BILL NUMBER: SB 109 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 10, 2013
AMENDED IN SENATE APRIL 8, 2013
INTRODUCED BY Senator Corbett
JANUARY 14, 2013
An act to amend Section 35110 of, and to add Section
35405 to, the Vehicle Code, relating to vehicles. 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 .
LEGISLATIVE COUNSEL'S DIGEST
SB 109, as amended, Corbett. Vehicles: aerodynamic
devices. Charter-party carriers: limousines: emergency
exits.
(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.
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.
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.
(2) Because the bill would create new crimes, the bill would
impose a state-mandated local program.
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.
This bill would provide that no reimbursement is required by this
act for a specified reason.
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.
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.
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.
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.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5385.7 is added to
the Public Utilities Code , to read:
5385.7. 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.
SEC. 2. Article 3.4 (commencing with
Section 27375) is added to Chapter 5 of Division 12 of the
Vehicle Code , to read:
Article 3.4. Emergency Exits for Charter-Party Carriers of
Passengers
27375. (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.
SEC. 3. 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.
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.