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. 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
thisbegin delete purpose andend deletebegin insert purpose. The bill would require the department to transmit to the Public Utilities Commission inspection data of limousines inspected pursuant to this program andend insert 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. Because a violation of these provisions 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:
The Legislature finds and declares all of the
2following:
3(a) Limousines with a seating capacity of more than 10
4passengers have more robust safety protections, including a
5requirement to be equipped with a fire extinguisher and to undergo
6annual safety inspections by the Department of the California
7Highway Patrol, than do limousines with a seating capacity of less
8than 10 passengers.
9(b) It is the intent of the Legislature to increase the safety of
10passenger travel in limousines with a seating capacity of less than
1110 passengers that have been modified or extended for purposes
12of
increasing vehicle length and passenger capacity by mandating
13annual safety inspections and the installation of fire extinguishers
14in those limousines.
15(c) It is the intent of the Legislature to provide authority to the
16Department of the California Highway Patrol to develop regulations
17to create an annual safety inspection program of charter-party
18carriers that operate limousine services.
Section 5374.3 is added to the Public Utilities Code,
20to read:
Beginning 30 days after the effective date of the act
22that added this section, a limousine, as defined in subdivision (i)
23of Section 5371.4, that has been modified or extended for purposes
24of increasing vehicle length and passenger capacity shall be
25equipped with two readily accessible and fully charged fire
26extinguishers having at least 2A10BC 5lb rating and maintained
27in efficient operating condition. One fire extinguisher shall be
28securely mounted in the driver’s compartment and one in the
29passenger cabin, each in a conspicuous place or clearly marked
30area. The commission may require compliance with this section
31as a condition of issuing or renewing a certificate or permit
32pursuant to this chapter.
Section 34500.4 is added to the Vehicle Code, to read:
(a) The Department of the California Highway Patrol
35shall have the authority to conduct annual safety inspections of all
36limousines that have been modified or extended for purposes of
37increasing vehicle length and passenger capacity and that are
38operated pursuant to the Passenger Charter-party Carriers’ Act
P4 1(Chapter 8 (commencing with Section 5351) of Division 2 of the
2Public Utilities Code).
3(b) begin insert(1)end insertbegin insert end insert Not later than January 1, 2015, the Department of the
4California
Highway Patrol shall implement an annual safety
5inspection program of charter-party carriers of passengers who
6operate limousines as described in subdivision (a) that includes,
7but is not limited to, the safe operation of the vehicle, the
8installation of safety equipment, the retention of drivers’ logs,
9accident reports, records of driver discipline, compliance with
10federal and state motor vehicle safety standards, and the
11examination of a preventative maintenance program. The
12department shall adopt regulations for this purpose and hold public
13hearings prior to the adoption of any rule or regulation.
14(2) The Department of the California Highway Patrol shall
15transmit to the Public Utilities Commission inspection data of
16limousines inspected pursuant to this program, as specified in the
17program
regulations.
18(c) Regulations adopted pursuant to this section shall be
19consistent with the established inspection program administered
20by the department for buses pursuant to Division 14.8 (commencing
21with Section 34500), and shall require an operator or owner of a
22manufactured or aftermarket limousine that has been modified or
23extended for purposes of increasing vehicle length and passenger
24capacity to certify to the Public Utilities Commission and the
25department that the vehicle meets all applicable federal and state
26motor vehicle safety standards.
27(d) A charter-party carrier of passengers that operates a
28limousine, as defined in subdivision (i) of Section 5371.4 of the
29Public Utilities Code, that has been modified or extended for
30purposes of increasing
vehicle length and passenger capacity, and
31that is required to undergo an annual safety inspection conducted
32by the department, shall pay a fee of twenty-five dollars ($25) per
33limousine, or a maximum of six thousand five hundred dollars
34($6,500), to offset the cost of the inspection.
No reimbursement is required by this act pursuant to
36Section 6 of Article XIII B of the California Constitution because
37the only costs that may be incurred by a local agency or school
38district will be incurred because this act creates a new crime or
39infraction, eliminates a crime or infraction, or changes the penalty
40for a crime or infraction, within the meaning of Section 17556 of
P5 1the Government Code, or changes the definition of a crime within
2the meaning of Section 6 of Article XIII B of the California
3Constitution.
This act is an urgency statute necessary for the
5immediate preservation of the public peace, health, or safety within
6the meaning of Article IV of the Constitution and shall go into
7immediate effect. The facts constituting the necessity are:
8In order to ensure that
limousines that have been modified or
9extended for purposes of increasing vehicle length and passenger
10capacity and that are operated in California are better equipped
11for passenger safety at the earliest possible time, it is necessary
12for this act to take effect immediately.
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