BILL NUMBER: SB 109 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 26, 2013
AMENDED IN ASSEMBLY JUNE 10, 2013
AMENDED IN SENATE APRIL 8, 2013
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
that has been modified or extended for purposes of increasing
vehicle length and passenger capacity in any city, county, or
city and county, unless the limousine is equipped with at least 2
rear push-out windows, at least one of which is located on
each side of the vehicle vehicle, and
at least 2 rear side doors, at least one of which is
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 all limousines
manufactured modified or extended for
purposes of increasing vehicle length and passenger capacity 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
modified or extended for purposes of increasing vehicle length
and passenger capacity 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, that has been modified or extended
for purposes of increasing vehicle length and passenger capacity,
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 county,
that has been modified or extended for purposes of increasing vehicle
length and passenger capacity, 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 modified or
extended for purposes of increasing vehicle length and passenger
capacity on or after January 1, 2015.
(2) Subdivision (a) shall, beginning January 1, 2016, apply to all
vehicles limousines that were
remanufactured or modified as limousines and to all vehicles that
were originally manufactured as limousines modified or
extended for purposes of increasing vehicle length and passenger
capacity 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.