BILL ANALYSIS �
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UNFINISHED BUSINESS
Bill No: SB 109
Author: Corbett (D)
Amended: 9/6/13
Vote: 21
PRIOR VOTES NOT RELEVANT
SENATE TRANSPORTATION COMMITTEE : 11-0, 9/12/13 (Pursuant to
Senate Rule 29.10)
AYES: DeSaulnier, Gaines, Beall, Cannella, Galgiani, Hueso,
Lara, Liu, Pavley, Roth, Wyland
ASSEMBLY FLOOR : 49-28, 9/10/13 - See last page for vote
SUBJECT : Charter-party carriers: limousines: emergency
exits
SOURCE : Author
DIGEST : This bill requires that limousines for hire, which
someone has modified to increase the number of passengers they
can carry, shall have at least two doors and one or two push-out
windows to serve as emergency exits.
Assembly Amendments delete the Senate version of the bill, which
dealt with aerodynamic vehicles, and instead add the current
language.
ANALYSIS :
CONTINUED
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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.
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
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on the roof of the vehicle.
B. At least two rear side doors that meet the following
criteria:
(1) Each door must be accessible to all passengers
and must be able to be opened manually by any
passenger;
(2) At least one side door must be located on each
side of the vehicle; and
(3) 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.
2. Requires the California Highway Patrol (CHP) to establish
safety standards, through the development of regulations, to
ensure window exits are operable and sufficient in emergency
situations for limousine passengers. Requires CHP to ensure
that the adopted regulations comply with any applicable
Federal Motor Vehicle Safety Standard.
3. 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.
4. 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
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specified in this bill.
5. 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.
6. 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.
7. 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.
8. Exempts limousines manufactured prior to 1970 from the safety
requirements specified in this bill if the limousine has an
active transportation charter-party carrier number as of
August 15, 2013.
9. 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.
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
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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.
Existing 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 the 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
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
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Reimbursement Account)
SUPPORT : (Verified 9/10/13)
California Professional Firefighters
California Public Utilities Commission
Consumers for Auto Reliability and Safety
OPPOSITION : (Verified 9/10/13)
Greater California Livery Association
ARGUMENTS IN SUPPORT : The author's office 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.
ARGUMENTS IN OPPOSITION : Writing in opposition, the Greater
California Livery Association questions the author's belief that
if the limousine in the San Mateo bridge fire had had a fifth or
sixth point of egress, fewer passengers would have died. The
association states that the opening of a door or a roof top
escape hatch would have introduced additional oxygen into the
vehicle and caused a massive explosion resulting in a worse
tragedy. The association notes that there are no engineering
studies on how to best achieve additional exits in six- to
nine-passenger limousines in such a way as to not compromise the
structural integrity of the vehicle and also no cost estimates
as to how expensive it will be to retrofit vehicles. For these
reasons, the association asks for a delayed implementation date
of 2019. The author rejected that request and so the associate
remains opposed.
ASSEMBLY FLOOR : 49-28, 9/10/13
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AYES: Alejo, Ammiano, Atkins, Bloom, Bocanegra, Bonta,
Bradford, Buchanan, Ian Calderon, Campos, Chau, Chesbro,
Cooley, Daly, Dickinson, Eggman, Fong, Frazier, Garcia, Gatto,
Gomez, Gonzalez, Gordon, Gray, Hall, Roger Hern�ndez, Holden,
Jones-Sawyer, Lowenthal, Medina, Mitchell, Mullin, Muratsuchi,
Nazarian, Pan, Perea, V. Manuel P�rez, Quirk, Quirk-Silva,
Rendon, Salas, Skinner, Stone, Ting, Weber, Wieckowski,
Williams, Yamada, John A. P�rez
NOES: Achadjian, Allen, Bigelow, Brown, Ch�vez, Conway, Dahle,
Donnelly, Fox, Beth Gaines, Gorell, Grove, Hagman, Harkey,
Jones, Levine, Linder, Logue, Maienschein, Mansoor, Melendez,
Morrell, Nestande, Olsen, Patterson, Wagner, Waldron, Wilk
NO VOTE RECORDED: Bonilla, Vacancy, Vacancy
JA:d 9/12/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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