BILL ANALYSIS �
SB 109
Page 1
SENATE THIRD READING
SB 109 (Corbett)
As Amended August 30, 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, as specified, operating within the state
to have:
a) At least one or two rear push-out windows with at least
one window located on each side of the vehicle. If the
design of the vehicle precludes the installation of a push
out window on each side of the vehicle, the second push out
window shall be located on the roof of the vehicle. For
limousines that are precluded from installing any side push
out windows, one push out window shall be installed on the
roof of the vehicle.
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,
SB 109
Page 2
iii) For limousines that have been extended or modified to
increase passenger length as specified on or after July
1, 2015, to have one of the side doors must be located
near the driver's compartment and another near the back
of the vehicle.
1)Requires the driver, in the case of any fire or other
emergency, to unlock the doors in order for the rear side
doors to be opened by the passenger from the inside of the
vehicle.
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;
b) Provide all passengers with instructions on how to lower
the partition between the driver and passenger compartments
and how to use the communication system within the vehicle
for purposes of communicating with the driver; and,
c) Disclose to the contracting party and passengers whether
the limousine meets the safety requirements specified in
this bill.
1)Requires a limousine owner or operator to inform the
contracting party or passengers that the limousine does not
meet safety requirements as specified if the limousine is
exempt from the safety requirements as specified in this bill.
2)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 as specified,
on or after July 1, 2015.
3)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 as specified, prior to July 1, 2015.
4)Exempts limousines manufactured prior to 1970 from the safety
requirements specified in this bill if the limousine has an
SB 109
Page 3
active transportation charter-party carrier number as of
August 15, 2013.
5)Requires the safety requirements specified in this bill to
apply to any limousine manufactured prior to 1970 if the
vehicle is modified or extended for the purpose of increasing
vehicle length as specified after August 15, 2013.
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)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.
SB 109
Page 4
(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
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
SB 109
Page 5
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.
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.
Specifically, this bill requires carriers that operate
limousines for less than 10 passengers to install two push-out
windows as specified, and two rear-side doors. For limousines
that have been extended or modified to increase passenger length
as specified on or after July 1, 2015, these vehicles will also
be required to have one door located near the driver's
compartment and another near the back of the vehicle.
Related legislation : SB 338 (Hill), requires limousines with a
seating capacity of not more than 10 passengers to be equipped
with a fire extinguisher and requires the California Highway
Patrol to implement a limousine inspection program. This bill
is currently in the Assembly Appropriations Committee.
Analysis Prepared by : Manny Leon / TRANS. / (916) 319-2093
FN: 0002054