Amended in Assembly August 26, 2013

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 , in any city, county, or city and county end insert that has been modified or extended for purposes of increasing vehicle length begin delete and passenger capacity in any city, county, or city and county, end delete begin insert in an amount sufficient to accommodate additional passengers end insert unless the limousine is equipped with at least 2 rear begin delete push-out windows, at least one of which is located on each side of the 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 end delete begin insert side doors and one or 2 rear windows that the rear seat passengers or all passengers of the vehicle may open from the inside of the vehicle in case of any fire or other emergency end insert , as specified.

The bill would apply these provisions to all limousines begin insert that were end insert modified or extended for purposes of increasing vehicle length begin delete and passenger capacity end delete begin insert in an amount sufficient to accommodate additional passengers end insert on or after begin delete January end delete begin insert July end insert 1, 2015, and, beginning January 1, 2016, to all limousines modified or extended for purposes of increasing vehicle length begin delete and passenger capacity end delete begin insert in an amount sufficient to accommodate additional passengers end insert prior to begin delete January end delete begin insert July end insert 1, 2015 begin insert , except as specified end insert . The bill would require begin insert the driver of the limousine, in the case of any fire or other emergency, as specified, to unlock the child safety locks so that the rear side doors can be opened from the inside of the vehicle and would require end insert 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 begin delete and passenger capacity end delete
begin insert in an amount sufficient to accommodate additional passengers 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 county, that has been modified or
extended for purposes of increasing vehicle length begin delete and passenger
capacity, end delete begin insert in an amount sufficient to accommodate additional
passengers end insert shall ensure that the vehicle has at least two rear side
doors and begin delete two rear windows end delete begin insert one or two rear windows, as specified
in paragraph (1), end insert that the rear seat begin delete passengers, end delete begin insert passengers end insert or all
passengers of the vehicle begin delete if a partition separates all of the
passengers from the driver, end delete may open from the inside of the vehicle
in case of any fire or other emergency that may require the
immediate exit of the begin delete occupants end delete begin insert passengers end insert of the vehicle. A
limousine subject to this section shall be equipped with both of
the following:

(1)  begin delete At end delete begin insert (A) end insert begin insert   end insert begin insert Except as provided in subparagraph (B), at end insert 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
begin delete vehicle. Each end delete begin insert vehicle, unless the design of the limousine precludes
the installation of a push-out window on one side of the vehicle,
in which case the second push-out window shall instead be located
in the roof of the vehicle. end insert

begin insert

(B) If the design of the limousine precludes the installation of
even one push-out window on a side of the vehicle, one push-out
window shall instead be located in the roof of the vehicle.

end insert

begin insert (C) end insert begin insert   end insert begin insert Each end insert 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. begin delete At end delete begin insert For vehicles modified or extended for purposes of
increasing vehicle length end insert begin insert in an amount sufficient to accommodate
additional passengers on or after July 1, 2015, at end insert least one of these
side doors shall be located near the driver’s compartment and
another near the back of the vehicle. begin delete The mechanism for releasing
these side doors shall not be subject to being disabled by the driver. end delete
These side doors shall comply with any applicable federal safety
standards as deemed necessary by the Department of the California
Highway Patrol.

begin insert

(b) In the case of any fire or other emergency that requires the
immediate exit of the passengers from the limousine, the driver of
the limousine shall unlock the child safety locks so that the rear
side doors can be opened by the passengers from the inside of the
vehicle.

end insert begin delete

(b)

end delete

begin insert (c) end insert  An owner or operator of a limousine shall do begin delete both end delete begin insert all end insert of the
following:

(1) Instruct all passengers on the safety features of the vehicle
prior to the beginning of any trip begin insert , including, but not limited to,
instructions for lowering the partition between the driver and
passenger compartments and for communicating with the driver
by the use of an intercom or other onboard or wireless device end insert .

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

begin insert

(3) If paragraph (3) of subdivision (d) applies, the owner or
operator of a limousine shall further disclose to the contracting
party and the passengers that the limousine does not meet the
safety requirements required in subdivision (a) regarding vehicle
escape options because of its exempt status, and therefore may
pose a greater risk to passengers should emergency escape be
necessary.

end insert begin delete

(c)

end delete

begin insert (d) end insert  (1) Subdivision (a) shall apply to all limousines modified
or extended for purposes of increasing vehicle length begin delete and passenger
capacity on or after January end delete begin insert in an amount sufficient to
accommodate additional passengers on or after July end insert 1, 2015.

(2) Subdivision (a) shall, beginning January 1, 2016, apply to
all limousines that were modified or extended for purposes of
increasing vehicle length begin delete and passenger capacity prior to January end delete
begin insert in an amount sufficient to accommodate additional passengers
prior to July end insert 1, 2015.

begin insert

(3) Except as provided in paragraph (4), subdivision (a) shall
not apply to any limousine manufactured prior to 1970 and that
has an active transportation charter-party carrier (TCP) number
as of August 15, 2013.

end insert begin insert

(4) Subdivision (a) shall apply to any limousine manufactured
prior to 1970 if it is modified or extended for the purpose of
increasing vehicle length in an amount sufficient to accommodate
additional passengers after August 15, 2013.

end insert

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.