BILL ANALYSIS Ó
SB 109
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Date of Hearing: June 17, 2013
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
SB 109 (Corbett) - As Amended: June 10, 2013
SENATE VOTE : Not relevant
SUBJECT : Charter-party carriers: limousines: emergency exits
SUMMARY : Requires limousines operating within the state to be
equipped with emergency exits no later than January 1, 2016, as
specified. Specifically, this bill :
1)Requires limousines operating within the state to have:
a) At least two rear push-out windows with at least one
window located on each side of the vehicle; and,
b) At least two rear side doors that meet the following
criteria:
i) Each door must be accessible to all passengers and must
be able to be opened manually by any passenger;
ii) At least one side door must be located on each side of
the vehicle; and,
iii) One of the side doors must be located near the driver's
compartment and another near the back of the vehicle.
1)Prohibits the locks on rear side doors to be controlled by a
limousine driver.
2)Requires the owner or operator of a limousine to do the
following:
a) Instruct all passengers on the safety features of the
vehicle prior to the beginning of any trip; and,
b) Disclose to the contracting party and passengers whether
the limousine meets the safety requirements specified in
this bill.
1)Requires the safety requirements specified in this bill to
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apply to all vehicles manufactured as limousines on or after
January 1, 2015.
2)Requires the safety requirements specified in this bill to
apply, beginning January 1, 2016, to all vehicles that were
remanufactured or modified as limousines and to all vehicles
that were originally manufactured as limousines prior to
January 1, 2015.
EXISTING LAW:
1)Establishes the "Passenger Charter-Party Carriers Act," which
directs the state Public Utilities Commission (PUC) to issue
permits or certificates to carriers, investigate complaints
against carriers, and cancel, revoke, or suspend permits and
certificates for specific violations.
2)Defines "charter-party carrier of passengers" as every person
engaged in the transportation of persons by motor vehicle for
compensation, whether in common or contract carriage, over any
public highway in the state and includes any person,
corporation, or other entity engaged in the provision of a
hired driver service when a rented motor vehicle is being
operated by a hired driver.
3)Defines "limousine" as any sedan or sport utility vehicle,
either standard or extended length, with a seating capacity of
not more than 10 passengers including the driver, that is used
in the transportation of passengers for hire on a prearranged
basis.
4)Prohibits a dealer from selling or from offering for sale a
vehicle that does not conform to federal vehicle safety
standards. Additionally, prohibits a person from selling or
offering for sale for use upon a vehicle an item of equipment
that does not conform to federal vehicle safety standards.
5)At the federal level, prohibits states from imposing vehicle
equipment standards that are inconsistent with or conflict
with any related federal standard.
FISCAL EFFECT : Unknown
COMMENTS : SB 109 was significantly amended in response to two
limousine fires which have taken place over the past month. On
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May 4, 2013, a limousine fire occurred on the San Mateo-Hayward
bridge killing five passengers who were unable to escape the
vehicle. Several of the other passengers were able to exit the
limousine only after climbing through the partition window
separating the passengers from the driver. Similarly, on June
9, 2013, nine passengers successfully exited a limousine in
Walnut Creek prior to the vehicle catching fire while idling.
Carriers are regulated by the PUC. To operate a carrier, an
individual or business owner must obtain from the PUC a permit
or certificate to operate, place identifying symbols or plates
on their vehicles, and acquire adequate liability insurance.
Carriers may operate under one or more of the various types of
permits and certificates issued by the PUC contingent on the
transportation services provided or the size of the vehicle
being operated. Carriers do not include vehicles on a set
schedule or between fix termini, taxi cabs, car rentals, or
public transit. Typical carriers provide different sized
vehicles to take a scheduled group of people to another location
and/or back, and reservations are usually made for the vehicle
as a group, and would not reserve a "seat" individually.
Current law defines "limousine" as a vehicle with a seating
capacity of not more than 10 passengers. Any carrier, including
an extended limousine, with a seating capacity for more than 10
passengers is subject to commercial vehicle regulatory
requirements and thus must comply with the same driver safety
and vehicle maintenance requirements as charter buses or
shuttles, including California Highway Patrol's (CHP) vehicle
inspections, driver certifications, and hours of service
requirements. However, carriers that operate limousines with a
seating capacity of less than 10 passengers remain classified as
a passenger vehicle and are not subject to the above mentioned
requirements. Rather, these carriers must submit to the PUC an
application to obtain a permit or certificate, pay a fee, and
provide adequate evidence of reasonable fitness and financial
responsibility. Upon receiving a carrier permit or certificate,
ongoing or periodic vehicle inspections are not required.
Furthermore, a carrier permit or certification is valid for
three years from the time of issuance and requires a carrier to
submit a renewal application and provide the proper
documentation accordingly. Carriers may be subject to a PUC
investigation triggered for example, by a customer, industry, or
law enforcement complaint, notice of lapsed or cancelled
insurance policies, or any other means of notice to PUC on the
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carrier's non-compliance with state law.
This bill requires carriers that operate limousines for less
than 10 passengers to install at least two push-out windows and
two rear-side doors with one door located near the driver's
compartment and another near the back of the vehicle.
Furthermore, these doors will be prohibited from being
controlled by the driver. The author asserts this legislation
is needed because, unlike larger motor carriers including buses
and airport shuttles, "these vehicles are largely unregulated
regarding safety standards and are not subject to third party
safety inspections." Thus, this bill aims to provide passengers
with additional methods to exit a limousine in emergency
situations.
The tragic limousine fires have brought a spotlight to laws and
regulations governing limousine operators. While these
unfortunate accidents warrant legislative attention, several
provisions contained in this bill are in conflict with federal
law and are therefore problematic. Specifically, federal law
prohibits states from imposing vehicle safety standards that
differ from Federal Vehicle Safety Standards (FVSS). The FVSS
already include specifications for, for example, windshield
mounts, power-operated windows, door locks, and door retention
components. Consequently, it is likely that any unique
requirements California would impose on limousines, like the
push-out windows and rear doors that are prescribed in this
bill, would be preempted by the FVSS. Should this bill pass,
California's unique requirements will most certainly be
litigated.
Related legislation: SB 338 (Hill), requires limousines with a
seating capacity of not more than 10 passengers to be equipped
with a fire extinguisher. This bill is scheduled to be heard in
the Senate Transportation and Housing Committee on June 18,
2013.
REGISTERED SUPPORT / OPPOSITION :
Support
California Professional Firefighters
Opposition
SB 109
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Greater California Livery Association
Analysis Prepared by : Manny Leon / TRANS. / (916) 319-2093