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 operatingbegin delete a limousine,end delete
in any city, county, or city and countybegin insert, a limousineend insert that has been modified or extended for purposes of increasing vehicle length in an amount sufficient to accommodate additional passengers unless the limousine is equipped with at least 2 rear 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 in an amount sufficient to accommodate additional passengers on or after July 1, 2015, and, beginning January 1, 2016, to all limousines modified or extended for purposes of increasing vehicle length in an amount sufficient to accommodate additional passengers prior to 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 doors so that the rear side doors can be opened from the inside of the vehicle 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 5385.7 is added to the Public Utilities
2Code, to read:
A charter-party carrier shall not operate a limousine,
4as defined by Section 5371.4, that has been modified or extended
5for purposes of increasing vehicle length in an amount sufficient
P3 1to accommodate additional passengers, unless the limousine is
2equipped with emergency exits at the rear of the vehicle as required
3pursuant to Article 3.4 (commencing with Section 27375) of
4Chapter 5 of Division 12 of the Vehicle Code. The commission
5shall adopt rules to implement this section.
Article 3.4 (commencing with Section 27375) is added
7to Chapter 5 of Division 12 of the Vehicle Code, to read:
8
(a) Any person who operates a limousine, as defined
13in subdivision (i) of Section 5371.4 of the Public Utilities Code,
14in any city, county, or city and county, that has been modified or
15extended for purposes of increasing vehicle length in an amount
16sufficient to accommodate additional passengers shall ensure that
17the vehicle has at least two rear side doors and one or two rear
18windows, as specified in paragraph (1), that the rear seat passengers
19or all passengers of the vehicle may open from the inside of the
20vehicle in case of any fire or other emergency that may require the
21immediate exit of the passengers of the vehicle. A limousine
22subject to this section shall be equipped with both of the following:
23(1) (A) Except as provided in subparagraph (B), at least two
24rear push-out windows that are accessible to all passengers. At
25least one push-out window shall be located on each side of the
26
vehicle, unless the design of the limousine precludes the installation
27of a push-out window on one side of the vehicle, in which case
28the second push-out window shall instead be located in the roof
29of the vehicle.
30(B) If the design of the limousine precludes the installation of
31even one push-out window on a side of the vehicle, one push-out
32window shall instead be located in the roof of the vehicle.
33(C) Each push-out window shall be releasable by operating no
34more than two mechanisms and allow manual release of the
35push-out window by a single occupant. For mechanisms that
36require rotary or straight (parallel to the undisturbed exit surface)
37motions to operate the release, no more than 20 pounds of force
38shall be required to release the push-out window. For
push-out
39windows that require a straight motion perpendicular to the
40undisturbed surface of the push-out window, no more than 60
P4 1pounds shall be required to release the push-out window. The
2push-out windows shall comply with any applicable federal safety
3standards as deemed necessary by the Department of the California
4Highway Patrol.
5(C) The Department of the California Highway Patrol shall
6establish, by regulation, standards to ensure that window exits are
7operable and sufficient in emergency situations for limousine
8passengers. The department shall ensure that these regulations
9comply with any applicable federal motor vehicle safety standards.
10(2) At least two rear side doors that are
accessible to all
11passengers and that may be opened manually by any passenger.
12At least one rear side door shall be located on each side of the
13vehicle. For vehicles modified or extended for purposes of
14increasing vehicle length in an amount sufficient to accommodate
15additional passengers on or after July 1, 2015, at least one of these
16side doors shall be located near the driver’s compartment and
17another near the back of the vehicle. These side doors shall comply
18
with any applicable federalbegin insert motor vehicleend insert safety standards as
19deemed necessary by the Department of the California Highway
20Patrol.
21(b) In the case of any fire or other emergency that requires the
22immediate exit of the passengers from the limousine, the driver of
23the limousine shall unlock the doors so that the rear side doors can
24be opened by the passengers from the inside of the vehicle.
25(c) An owner or operator of a limousine shall do all of the
26following:
27(1) Instruct all passengers on the safety features of the vehicle
28prior to the beginning of any trip, including, but not limited to,
29instructions for
lowering the partition between the driver and
30passenger compartments and for communicating with the driver
31by the use of an intercom or other onboard or wireless device.
32(2) Disclose to the contracting party and the passengers whether
33the limousine meets the safety requirements described in this
34section.
35(3) If paragraph (3) of subdivision (d) applies, the owner or
36
operator of a limousine shall further disclose to the contracting
37party and the passengers that the limousine does not meet the safety
38requirements required in subdivision (a) regarding vehicle escape
39options because of its exempt status, and therefore may pose a
40greater risk to passengers should emergency escape be necessary.
P5 1(d) (1) Subdivision (a) shall apply to all limousines modified
2or extended for purposes of increasing vehicle length in an amount
3sufficient to accommodate additional passengers on or after July
41, 2015.
5(2) Subdivision (a) shall, beginning January 1, 2016, apply to
6all limousines that were modified or extended for purposes of
7increasing vehicle length in an amount sufficient to accommodate
8additional passengers prior
to July 1, 2015.
9(3) Except as provided in paragraph (4), subdivision (a) shall
10not apply to any limousine manufactured prior to 1970 and that
11has an active transportation charter-party carrier (TCP) number as
12of August 15, 2013.
13(4) Subdivision (a) shall apply to any limousine manufactured
14prior to 1970 if it is modified or extended for the purpose of
15increasing vehicle length in an amount sufficient to accommodate
16additional passengers after August 15, 2013.
No reimbursement is required by this act pursuant to
18Section 6 of Article XIII B of the California Constitution because
19the only costs that may be incurred by a local agency or school
20district will be incurred because this act creates a new crime or
21infraction, eliminates a crime or infraction, or changes the penalty
22for a crime or infraction, within the meaning of Section 17556 of
23the Government Code, or changes the definition of a crime within
24the meaning of Section 6 of Article XIII B of the California
25Constitution.
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