Amended in Assembly September 3, 2013

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

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 begin delete add Section 5374.3 to the Public Utilities Code, and to end delete begin insert amend Section 5373.1 of the Public Utilities Code, and to end insert add begin delete Section end delete begin insert Sections 28062 and end insert 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 begin delete 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 end delete begin insert Passenger Charter-party Carriers’ Act places charter-party carriers of passengers, as defined, under end insert the jurisdiction and control of the begin delete commission under the Passenger Charter-party Carriers’ Act. end delete begin insert Public Utilities Commission. end insert 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. begin insert Existing law requires the Department of the California Highway Patrol to regulate the safe operation of motor vehicles engaged in transportation for hire or compensation and to inspect those vehicles to ensure that they have the required safety equipment. A violation of these provisions is a crime. end insert

begin delete

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.

end delete

This bill would begin delete require, 30 days after the effective date of this act, end delete begin insert require end insert a limousine, as defined, begin insert that has been modified or extended for purposes of increasing vehicle length and passenger capacity end insert to be equipped with 2 readily accessible and fully charged fire extinguishers, as specified, and would begin delete authorize the commission to require compliance with these provisions as a condition of issuing or renewing a certificate or permit. end delete begin insert require one fire extinguisher to be securely mounted in the driver’s compartment and the other one to be accessible to the passengers. The bill would require the driver or operator of the limousine to notify the passengers of the location of each fire extinguisher prior to the commencement of any trip. end insert The bill would also require, not later than begin delete January end delete begin insert July end insert 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. 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 begin delete an operator or owner end delete begin insert the original manufacturer or final end insert begin insert -stage manufacturer end insert of a manufactured or aftermarket limousine, as described, to certify begin insert to the department end insert 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 begin insert , and would revise the inspection fees for charter-party carrier bus terminal inspections end insert . 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)  begin delete Limousines end delete begin insert Vehicles operated by a charter-party carrier end insert begin insert end insert
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 begin insert that have been modified or extended for purposes of
increasing vehicle length and passenger capacity end insert 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 begin delete limousine services. end delete begin insert limousines that have been
modified or extended for purposes of increasing vehicle length
and passenger capacity end insert begin insert . end insert

begin delete

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.

end delete

begin insert

begin insert SEC. end insert begin insert 2 end insert begin insert . end insert   

end insert

begin insert Section 5373.1 of the end insert begin insert Public Utilities Code end insert begin insert is amended
to read: end insert

5373.1.  

(a) Each application for a charter-party carrier of
passengers certificate or permit shall be accompanied by a filing
fee as follows:

(1) Class A certificates (new): one thousand five hundred dollars
($1,500).

(2) Class A certificates (renewal): one hundred dollars ($100).

(3) Class B certificates (new): one thousand dollars ($1,000).

(4) Class B certificates (renewal): one hundred dollars ($100).

(5) Class C certificates (new): one thousand dollars ($1,000).

(6) Class C certificates (renewal): one hundred dollars ($100).

(7) Permits (new): one thousand dollars ($1,000).

(8) Permits (renewal): one hundred dollars ($100).

(b) The commission shall also require each application to be
accompanied by a fee to offset the cost of the charter-party carrier
bus terminal inspections conducted by the Department of the
California Highway Patrol. The begin insert department shall adopt regulations
to establish an inspection end insert fee begin delete shall be fifteen end delete begin insert based on fleet size
that shall, at a minimum, be twenty-five end insert dollars begin delete ($15) end delete begin insert ($25) end insert per
tour bus, as defined in Section 612 of the Vehicle Code, begin delete or end delete begin insert and no
higher than seventy-five dollars ($75) per tour bus up to end insert a
maximum of six thousand five hundred dollars ($6,500) begin delete for each
operating carrier. end delete begin insert per fleet end insert begin insert . end insert

(c) The commission shall require each charter-party carrier that
operates tour buses, as defined in Section 612 of the Vehicle Code,
to undergo an annual bus terminal inspection conducted by the
Department of the California Highway begin delete Patrol and to pay end delete begin insert Patrol.
The department shall adopt regulations to establish end insert an annual fee
of begin delete fifteen end delete begin insert twenty-five end insert dollars begin delete ($15) end delete begin insert ($25) end insert per tour bus, begin delete or end delete begin insert and no
higher than seventy-five dollars ($75) per tour bus up to end insert a
maximum of six thousand five hundred dollars ($6,500) begin insert per fleet end insert ,
to offset the cost of the inspections.

(d) The commission shall deposit the fees collected pursuant to
subdivisions (b) and (c) in the Motor Vehicle Account in the State
Transportation Fund.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 28062 is added to the end insert begin insert Vehicle Code end insert begin insert , to read: end insert

begin insert

begin insert 28062. end insert   

(a) 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 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
shall be accessible to the passengers.

(b) The driver or operator of a limousine that has been modified
or extended for purposes of increasing vehicle length and
passenger capacity shall notify the passengers of the location of
each fire extinguisher prior to the commencement of any trip.

end insert

begin delete SEC. 3. end delete
begin insert SEC. 4. end insert   

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 begin delete January end delete begin insert July end insert 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 begin delete drivers’ end delete
begin insert maintenance end insert logs, accident reports, records of driver discipline,
compliance with federal and state motor vehicle safety standards,
begin delete and end delete the examination of a preventative maintenance program begin insert , and,
if ownership of the limousine has been transferred, the transmission
of relevant safety and maintenance information of the limousine end insert .
The department shall adopt regulations for this purpose and hold
public hearings prior to the adoption of any rule or regulation.

begin insert

(2) (A) The department shall adopt regulations to establish an
inspection fee based on fleet size that shall, at a minimum, be
twenty-five dollars ($25) per vehicle and shall be no higher than
seventy-five dollars ($75) per vehicle.

end insert begin insert

(B) No fleet shall pay more than six thousand five hundred
dollars ($6,500).

end insert begin insert

(C) The fee structure established pursuant to this subdivision
shall apply to limousines that have been modified or extended for
purposes of increasing vehicle length and passenger capacity that
are required to undergo a safety inspection pursuant to this section.

end insert begin delete

(2)

end delete

begin insert (3) end insert  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 begin delete an operator or owner end delete begin insert the
original manufacturer or the final end insert begin insert -stage manufacturer end insert of a
manufactured or aftermarket limousine that has been modified or
extended for purposes of increasing vehicle length and passenger
capacity to certify to begin delete the Public Utilities Commission and end delete the
department that the vehicle meets all applicable federal and state
motor vehicle safety standards.

begin delete

(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 delete

begin delete SEC. 4. end delete
begin insert SEC. 5. 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. 5. end delete
begin insert SEC. 6. 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 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.