BILL ANALYSIS                                                                                                                                                                                                    Ó



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          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.  








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          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  








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            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  








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          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  








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          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 


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