BILL ANALYSIS Ó SB 109 Page 1 SENATE THIRD READING SB 109 (Corbett) As Amended June 26, 2013 Majority vote SENATE VOTE :Vote not relevant TRANSPORTATION 10-3 APPROPRIATIONS 12-5 ----------------------------------------------------------------- |Ayes:|Lowenthal, Ammiano, |Ayes:|Gatto, Bocanegra, | | |Bonta, Buchanan, Daly, | |Bradford, | | |Frazier, Gatto, Holden, | |Ian Calderon, Campos, | | |Nazarian, Quirk-Silva | |Eggman, Gomez, Hall, | | | | |Holden, Pan, Quirk, Weber | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Linder, Morrell, |Nays:|Harkey, Bigelow, | | |Patterson | |Donnelly, Linder, Wagner | | | | | | ----------------------------------------------------------------- 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. SB 109 Page 2 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 apply to all limousines modified or extended for purposes of increasing vehicle length and passenger capacity on or after January 1, 2015. 2)Requires the safety requirements specified in this bill to apply, beginning January 1, 2016, to all limousines that were modified or extended for purposes of increasing vehicle length and passenger capacity 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 SB 109 Page 3 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)Prohibits, at the federal level, states from imposing vehicle equipment standards that are inconsistent with or conflict with any related federal standard. FISCAL EFFECT : According to the Assembly Appropriations Committee, one-time special fund costs up to $140,000 for the PUC to adopt the required rules. This will require a part-time transportation analyst, attorney, and administrative law judge. Ongoing PUC costs for enforcement will be absorbable. (Transportation Reimbursement Account) COMMENTS : This bill is in response to two limousine fires which have taken place over the past month. On 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 SB 109 Page 4 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 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. This bill was amended in the Assembly Appropriations Committee to provide clarification that the required safety specifications shall apply to limousines that are modified to extend its length and increase passenger capacity. The amendments aim to address a potential conflict with Federal Vehicle Safety Standards (FVSS), which prohibits states from enacting vehicle safety requirements on manufactured vehicles that are inconsistent or in conflict with federal law. This bill attempts to avoid the potential conflict by now requiring limousines to be subject to the abovementioned requirements once modified or in the process SB 109 Page 5 of being modified by limousine coach builders. 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 pending on the Senate Floor. Analysis Prepared by : Manny Leon / TRANS. / (916) 319-2093 FN: 0001429