Amended in Assembly August 5, 2013

Amended in Senate July 3, 2013

Amended in Senate June 19, 2013

Amended in Senate June 12, 2013

Amended in Senate May 13, 2013

Senate Bill No. 338

Introduced by Senator Hill

(Coauthors: Senators DeSaulnier and Yee)

(Coauthors: Assembly Members Campos, Fong, Mullin, and Ting)

February 20, 2013

An act to add Section 5374.3 to the Public Utilities Code, begin insert and to add Section 34500.4 to the Vehicle Code, end insert 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. Charter-party carriers of passengers: limousines: 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. A violation of these provisions is a crime.

This bill would require, 30 days after the effective date of this act, a limousine, as defined, to be equipped with 2 readily accessible and fully charged fire extinguishers, as specified, and would authorize the commission to require compliance with these provisions as a condition of issuing or renewing a certificate or permit. begin insert The bill would also require, not later than January 1, 2015, the Department of the California Highway Patrol to implement a regular safety inspection program, as specified, of charter-party carriers of passengers that operate limousines that have been modified or extended for purposes of increasing vehicle length and passenger capacity. The bill would require the department to adopt regulations for this purpose and would require an operator or owner of a manufactured or aftermarket limousine, as described, to certify that the vehicle meets all applicable federal and state motor vehicle safety standards. The bill would also require the payment of an inspection fee, as specified. end insert Because a violation of begin delete this provision end delete begin insert these provisions end insert 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:

begin insert

begin insert SECTION 1. end insert   

end insert begin insert

The Legislature finds and declares all of the
following:

end insert begin insert

(a) Limousines with a seating capacity of more than 10
passengers have more robust safety protections, including a
requirement to be equipped with a fire extinguisher and to undergo
annual safety inspections by the Department of the California
Highway Patrol, than do limousines with a seating capacity of
less than 10 passengers.

end insert begin insert

(b) It is the intent of the Legislature to increase the safety of
passenger travel in limousines with a seating capacity of less than
10 passengers that have been modified or extended for purposes
of increasing vehicle length and passenger capacity by mandating
annual safety inspections and the installation of fire extinguishers
in those limousines.

end insert begin insert

(c) It is the intent of the Legislature to provide authority to the
Department of the California Highway Patrol to develop
regulations to create an annual safety inspection program of
charter-party carriers that operate limousine services.

end insert

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

Section 5374.3 is added to the Public Utilities Code,
to read:

5374.3.  

Beginning 30 days after the effective date of the act
that added this section, a limousine, as defined in subdivision (i)
of Section 5371.4, begin insert that has been modified or extended for purposes
of increasing vehicle length and passenger capacity end insert shall be
equipped with two readily accessible and fully charged fire
extinguishers having at least 2A10BC 5lb rating and maintained
in efficient operating condition. One fire extinguisher shall be
securely mounted in the driver’s compartment and one in the
passenger cabin, each in a conspicuous place or clearly marked
area. The commission may require compliance with this section
as a condition of issuing or renewing a certificate or permit
pursuant to this chapter.

begin insert

begin insert SEC. end insert begin insert 3. end insert   

end insert

begin insert Section 34500.4 is added to the end insert begin insert Vehicle Code end insert begin insert , to read: end insert

begin insert

begin insert 34500.4. end insert   

(a) The Department of the California Highway Patrol
shall have the authority to conduct annual safety inspections of
all limousines that have been modified or extended for purposes
of increasing vehicle length and passenger capacity and that are
operated pursuant to the Passenger Charter-party Carriers’ Act
(Chapter 8 (commencing with Section 5351) of Division 2 of the
Public Utilities Code).

(b) Not later than January 1, 2015, the Department of the
California Highway Patrol shall implement an annual safety
inspection program of charter-party carriers of passengers who
operate limousines as described in subdivision (a) that includes,
but is not limited to, the safe operation of the vehicle, the
installation of safety equipment, the retention of drivers’ logs,
accident reports, records of driver discipline, compliance with
federal and state motor vehicle safety standards, and the
examination of a preventative maintenance program. The
department shall adopt regulations for this purpose and hold public
hearings prior to the adoption of any rule or regulation.

(c) Regulations adopted pursuant to this section shall be
consistent with the established inspection program administered
by the department for buses pursuant to Division 14.8 (commencing
with Section 34500), and shall require an operator or owner of a
manufactured or aftermarket limousine that has been modified or
extended for purposes of increasing vehicle length and passenger
capacity to certify to the Public Utilities Commission and the
department that the vehicle meets all applicable federal and state
motor vehicle safety standards.

(d) A charter-party carrier of passengers that operates a
limousine, as defined in subdivision (i) of Section 5371.4 of the
Public Utilities Code, that has been modified or extended for
purposes of increasing vehicle length and passenger capacity, and
that is required to undergo an annual safety inspection conducted
by the department, shall pay a fee of twenty-five dollars ($25) per
limousine, or a maximum of six thousand five hundred dollars
($6,500), to offset the cost of the inspection.

end insert

begin delete SEC. 2. end delete
begin insert SEC. 4. end insert   

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.

begin delete SEC. 3. end delete
begin insert SEC. 5. end insert   

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 that begin delete passengers of charter-party carriers are
protected with fire extinguishers end delete begin insert limousines that have been
modified or extended for purposes of increasing vehicle length
and passenger capacity and that are operated in California are
better equipped for passenger safety end insert at the earliest possible time,
it is necessary for this act to take effect immediately.