BILL NUMBER: SB 338 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 14, 2013
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
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, and to
add Section 34500.4 to the Vehicle 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. 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 this purpose and purpose. The
bill would require the department to transmit to the Public
Utilities Commission inspection data of limousines inspected pursuant
to this program 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. 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:
SECTION 1. The Legislature finds and declares all of the
following:
(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.
(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.
(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.
SEC. 2. 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, that has been modified or extended for purposes of
increasing vehicle length and passenger capacity 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.
SEC. 3. Section 34500.4 is added to the Vehicle Code, to read:
34500.4. (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) (1) 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.
(2) The Department of the California Highway Patrol shall transmit
to the Public Utilities Commission inspection data of limousines
inspected pursuant to this program, as specified in the program
regulations.
(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.
SEC. 4. 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. 5. 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 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 at the earliest possible time, it is necessary for
this act to take effect immediately.