BILL NUMBER: SB 338 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 12, 2013
AMENDED IN SENATE MAY 13, 2013
INTRODUCED BY Senator Hill
(Coauthor: Senator Yee)
(Coauthors: Assembly Members Campos, Fong, Mullin, and Ting)
FEBRUARY 20, 2013
An act toadd Section 28062 to the Vehicle Code, relating
to vehicles, and declaring the urgency thereof, to take effect
immediately. An act to amend Section 5374 of the Public
Utilities Code, relating to charter-party carriers of passengers,
and declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 338, as amended, Hill. Fire extinguishers: limousines.
Charter-party carriers of passengers: fire
extinguishers.
The California Constitution establishes the Public Utilities
Commission with jurisdiction over all public utilities, and
authorizes the Legislature, unlimited by the other provisions of the
Constitution, to confer additional authority and jurisdiction upon
the commission, that is cognate and germane to the regulation of
public utilities. Charter-party carriers of passengers, as defined,
are subject to the jurisdiction and control of the commission under
the Passenger Charter-Party Carriers' Act. The act defines a
charter-party carrier of passengers, subject to certain exceptions,
to mean every person that is engaged in the transportation of persons
by motor vehicle for compensation, whether in common or contract
carriage, over any public highway.
The Passenger Charter-Party Carriers' Act requires a charter-party
carrier of passengers to obtain from the commission a certificate
that public convenience and necessity require the operation or a
permit issued by the commission, and to operate within the state on a
prearranged basis, as defined. The act prohibits the commission from
issuing or renewing a permit unless the applicant has met specified
requirements, including the requirement that it will maintain its
vehicles used in transportation for compensation in a safe operating
condition. A violation of these provisions is a crime.
Existing law requires new and used recreational vehicles and
campers that are equipped with cooking or heating equipment to be
sold equipped with a fire extinguisher, as specified. Under existing
law, a violation of this provision is a crime.
This bill would require limousines, as defined,
a charter-party carrier of passengers to be
equipped equip each of its vehicles with
a fire extinguisher 2 readily
accessible and fully charged fire extinguishers , as specified.
Because a violation of this provision would be a crime, this bill
would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 28062 is added to the
Vehicle Code, to read:
28062. (a) Every limousine shall be equipped with one fully
charged fire extinguisher having at least a 4B:C rating.
(b) For the purposes of this section, "limousine" includes any
sedan or sport utility vehicle, of either standard or extended
length, with a seating capacity of not more than 10 passengers
including the driver, used in the transportation of passengers for
hire on a prearranged basis within this state.
SECTION 1. Section 5374 of the
Public Utilities Code is amended to read:
5374. (a) (1) Before a permit or certificate is issued or
renewed, the commission shall require the applicant to establish
reasonable fitness and financial responsibility to initiate and
conduct or continue to conduct the proposed or existing
transportation services. The commission shall not issue or renew a
permit or certificate pursuant to this chapter unless the applicant
meets all of the following requirements:
(A) It is financially and organizationally capable of conducting
an operation that complies with the rules and regulations of the
Department of the California Highway Patrol governing highway safety.
(B) It is committed to observing the hours of service regulations
of state and, where applicable, federal law, for all persons, whether
employees or subcarriers, operating vehicles in transportation for
compensation under the certificate.
(C) It has a preventive maintenance program in effect for its
vehicles used in transportation for compensation that conforms to
regulations of the Department of the California Highway Patrol in
Title 13 of the California Code of Regulations.
(D) It participates in a program to regularly check the driving
records of all persons, whether employees or subcarriers, operating
vehicles used in transportation for compensation.
(E) It has a safety education and training program in effect for
all employees or subcarriers operating vehicles used in
transportation for compensation.
(F) It will maintain its vehicles used in transportation for
compensation in a safe operating condition and in compliance with the
Vehicle Code and with regulations contained in Title 13 of the
California Code of Regulations relative to motor vehicle safety.
(G) It has equipped each of its vehicles with two readily
accessible and fully charged fire extinguishers having at least a
2A10BC 5lb rating, maintained in efficient operating condition, and
securely mounted in the driver's compartment and in the vehicle's
trunk in a conspicuous place or a clearly marked area in each of
those two locations.
(G)
(H) It has filed with the commission the certificate of
workers' compensation insurance coverage or statement required by
Section 5378.1.
(H)
(I) It has provided the commission an address of an
office or terminal where documents supporting the factual matters
specified in the showing required by this subdivision may be
inspected by the commission and the Department of the California
Highway Patrol.
(I)
(J) It provides for a mandatory controlled substance
and alcohol testing certification program as adopted by the
commission pursuant to Section 1032.1.
(J)
(K) Subparagraphs (C), (F), and (H)
(I) do not apply to a charter-party carrier of passengers
engaged in the provision of a hired driver service when a rented
motor vehicle is being operated by the hired driver.
(2) With respect to subparagraphs (B) and (F) of paragraph (1),
the commission may base a finding on a certification by the
commission that an applicant has filed, with the commission, a sworn
declaration of ability to comply and intent to comply.
(3) The commission may require, as a precondition to the issuance
of a permit or certificate, the procurement of a performance bond
sufficient to facilitate the collection of fines, penalties, and
restitution related to enforcement actions that can be taken against
the applicant.
(b) In addition to the requirements in subdivision (a),
charter-party carriers shall meet all other state and, where
applicable, federal regulations as prescribed.
(c) The commission may delegate to its executive director or that
executive director's designee the authority to issue, renew, or
authorize the transfer of, charter-party carrier permits or
certificates and to make the findings specified in subdivision (a)
that are necessary to that delegated authority.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
SEC. 3. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to ensure the limousine-using public
that passengers of charter-party carriers are protected
with fire extinguishers at the earliest possible time, it is
necessary for this act to take effect immediately.