BILL NUMBER: SB 109 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 26, 2013
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
, in any city, county, or city and county that
has been modified or extended for purposes of increasing vehicle
length and passenger capacity in any city, county, or city
and county, in an amount sufficient to accommodate
additional passengers 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, 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
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
, as specified.
The bill would apply these provisions to all limousines that
were modified or extended for purposes of increasing vehicle
length and passenger capacity in an amount
sufficient to accommodate additional passengers on or after
January July 1, 2015, and, beginning
January 1, 2016, to all limousines modified or extended for purposes
of increasing vehicle length and passenger capacity
in an amount sufficient to accommodate additional
passengers prior to January July
1, 2015 , except as specified . The bill would require
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 ve
hicle and 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
in an amount sufficient to accommodate additional
passengers , 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 and
passenger capacity, in an amount sufficient to
accommodate additional passengers shall ensure that the vehicle
has at least two rear side doors and two rear windows
one or two rear windows, as specified in
paragraph (1), that the rear seat passengers,
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 passengers of the
vehicle. A limousine subject to this section shall be equipped with
both of the following:
(1) At (A) Except as
provided in subparagraph (B), 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
vehicle, unless th e 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.
(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.
(C) 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 For vehicles modified or extended for
purposes of increasing vehicl e length in an
amount sufficient to accommodate additional passengers on or after
July 1, 2015, 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) 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.
(b)
(c) An owner or operator of a limousine shall do
both all of the following:
(1) Instruct all passengers on the safety features of the vehicle
prior to the beginning of any trip , including, but not limited
to, instructions for lowering the partition between the driver and
passenger compartments and for communicating with th e
driver by the use of an intercom or other onboard or wireless device
.
(2) Disclose to the contracting party and the passengers whether
the limousine meets the safety requirements described in this
section.
(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.
(c)
(d) (1) Subdivision (a) shall apply to all limousines
modified or extended for purposes of increasing vehicle length
and passenger capacity on or after January in
an amount sufficient to accommodate additional passengers on or
after July 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 and passenger capacity prior to January
in an amount sufficient to accommodate additional
passengers prior to July 1, 2015.
(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.
(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.
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.