Amended in Assembly June 26, 2013

Amended in Assembly June 10, 2013

Amended in Senate April 8, 2013

Senate Bill No. 109

Introduced by Senator Corbett

January 14, 2013

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. 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 begin insert that has been modified or extended for purposes of increasing vehicle length and passenger capacity end insert in any city, county, or city and county, unless the limousine is equipped with at least 2 rear push-out windows, at least one begin insert of end insert which is located on each side of the begin delete vehicle end delete begin insert vehicle, end insert and at least 2 rear side doors, at least one begin insert of end insert which begin insert is end insert 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 begin insert all end insert limousines begin delete manufactured end delete begin insert modified or extended for purposes of increasing vehicle length and passenger capacity end insert on or after January 1, 2015, and, beginning January 1, 2016, to all begin delete vehicles remanufactured or modified as limousines and to all vehicles that were originally manufactured as end delete limousines begin insert modified or extended for purposes of increasing vehicle length and passenger capacity end insert 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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: 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, begin insert that has been modified or extended
for purposes of increasing vehicle length and passenger capacity, end insert
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 begin delete county end delete begin insert county, that has been
modified or extended for purposes of increasing vehicle length
and passenger capacity, end insert 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 begin delete vehicles manufactured
as end delete limousines begin insert end insert begin insert modified or extended for purposes of increasing
vehicle length and passenger capacity end insert on or after January 1, 2015.

(2) Subdivision (a) shall, beginning January 1, 2016, apply to
all begin delete vehicles end delete begin insert limousines end insert that were begin delete remanufactured or modified as
limousines and to all vehicles that were originally manufactured
as limousines end delete begin insert modified or extended for purposes of increasing
vehicle length and passenger capacity end insert 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.