Amended in Assembly September 6, 2013

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 amend Section begin delete 5373.1 end delete begin insert 5385.6 end insert of the Public Utilities Code, and to add Sections 28062 and 34500.4 to the Vehicle Code, relating to charter-party carriers of begin delete passengers, and declaring the urgency thereof, to take effect immediately. end delete begin insert passengers. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 338, as amended, Hill. Charter-party carriers of passengers: limousines: fire extinguishers.

The Passenger Charter-party Carriers’ Act places charter-party carriers of passengers, as defined, under the jurisdiction and control of the Public Utilities Commission. 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. 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.

This bill would require a limousine, as defined, that has been modified or extended begin insert by an original or final-stage manufacturer end insert for purposes of increasing vehicle length and passenger capacity to be equipped with 2 readily accessible and fully charged fire extinguishers, as specified, and would require one fire extinguisher to be securely mounted in the driver’s compartment and begin delete the other end delete begin insert at least end insert 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. begin insert The bill would require each certificate of registration to identify whether a limousine with a seating capacity of fewer than 10 passengers has been extended or modified end insert begin insert by an original or final-stage manufacturer for purposes of increasing vehicle length and passenger capacity and make that information available to the Department of the California Highway Patrol. end insert The bill would also require, not later than July 1, 2015, the Department of the California Highway Patrol to implement a begin delete regular end delete safety inspection program, as specified, of charter-party carriers of passengers that operate limousines that have been modified or extended begin insert by an original or final-stage manufacturer end insert for purposes of increasing vehicle length and passenger capacity. The bill would require the department to adopt begin insert emergency end insert 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 the original manufacturer or final-stage manufacturer of a manufactured or aftermarket limousine, as described, to certify to the department that the vehicle meets all applicable federal and state motor vehicle safety standards. The bill would also require the begin delete payment of end delete begin insert department to adopt regulations to establish end insert an inspection fee begin insert to be paid by a single charter-party carrier operator end insert , as begin delete specified, and would revise the inspection fees for charter-party carrier bus terminal inspections. end delete begin insert specified. end insert begin insert The bill would require the inspection fee to be collected by the Public Utilities Commission and deposited into the Motor Vehicle Account in the State Transportation Fund. 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.

begin delete

This bill would declare that it is to take effect immediately as an urgency statute.

end delete

Vote:  begin delete ²⁄₃ end delete begin insert majority end insert . 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) Vehicles operated by a charter-party carrier 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
that have been modified or extended for purposes of increasing
vehicle length and passenger capacity 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 limousines that have been modified or
extended for purposes of increasing vehicle length and passenger
capacity.

begin delete

SEC. 2.  

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

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 department shall adopt regulations
to establish an inspection fee based on fleet size that shall, at a
minimum, be twenty-five dollars ($25) per tour bus, as defined in
Section 612 of the Vehicle Code, and no higher than seventy-five
dollars ($75) per tour bus up to a maximum of six thousand five
hundred dollars ($6,500) per fleet.

(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 Patrol. The department
shall adopt regulations to establish an annual fee of twenty-five
dollars ($25) per tour bus, and no higher than seventy-five dollars
($75) per tour bus up to a maximum of six thousand five hundred
dollars ($6,500) per fleet, 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.

end delete

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 5385.6 of the end insert begin insert Public Utilities Code end insert begin insert is amended
to read: end insert

5385.6.  

(a) No charter-party carrier shall operate a limousine
as defined by Section 5371.4 unless the limousine is equipped with
the special license plates issued and distributed by the Department
of Motor Vehicles pursuant to Section 5011.5 of the Vehicle Code.

(b) The commission shall issue to each charter-party carrier
operating limousines a permit or certificate for the number of
vehicles verified by the carrier as employed in providing limousine
service. The permit or certificate shall be submitted to the
Department of Motor Vehicles, which begin delete will end delete begin insert shall end insert issue to each
verified vehicle a set of unique, identifying license plates. The
department shall begin insert require each certificate of registration to identify
whether a limousine with a seating capacity of fewer than 10
passengers has been extended or modified for purposes of
increasing vehicle length and passenger capacity and shall make
that information available to the Department of the California
Highway Patrol. The Department of Motor Vehicles shall end insert maintain
a record of each set of plates it issues and provide a copy of each
record to the commission.

(c) The commission shall recover from any carrier whose permit
or certificate is begin delete cancelled, end delete begin insert canceled, end insert suspended, or revoked any
and all plates issued pursuant to this section.

(d) The special license plate shall be in lieu of the decal required
to be issued and displayed pursuant to Section 5385.5.

(e) This section shall become operative on July 1, 1995.

SEC. 3.  

Section 28062 is added to the Vehicle Code, to read:

28062.  

(a) A limousine, as defined in subdivision (i) of Section
5371.4 of the Public Utilities Code, that has been modified or
extended begin insert by an original or final-stage manufacturer end insert 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 begin insert at least end insert one
shall be accessible to the passengers.

(b) The driver or operator of a limousine that has been modified
or extended begin insert by an original or final-stage manufacturer end insert 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.

SEC. 4.  

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 begin delete annual end delete safety inspections of all
limousines that have been modified or extended begin insert by an original or
final-stage manufacturer end insert 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 July 1, 2015, the Department of the
California Highway Patrol shall implement begin delete an annual end delete begin insert a end insert 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 maintenance logs,
accident reports, records of driver discipline, compliance with
federal and state motor vehicle safety standards, the examination
of a preventative maintenance program, and, if ownership of the
limousine has been transferred, the transmission of relevant safety
and maintenance information of the limousine. begin delete The end delete

begin insert (2) end insert begin insert   end insert begin insert Pursuant to the safety inspection program, the department
shall conduct an inspection of each charter-party carrier of
passengers at least once every 13 months. end insert

begin insert (3) end insert begin insert   end insert begin insert The end insert department shall adopt begin insert emergency end insert regulations for begin delete this
purpose and hold public hearings prior to the adoption of any rule
or regulation. end delete begin insert purposes of this subdivision end insert begin insert . The adoption by the
department of regulations implementing this section shall be
deemed to be an emergency and necessary to avoid serious harm
to the public peace, health, safety, or general welfare for purposes
of Sections 11346.1 and 11349.6 of the Government Code, and
the department is hereby exempted from the requirement that it
describe facts showing the need for immediate action to the Office
of Administrative Law. end insert begin insert The emergency regulations shall remain
in effect for no more than one year, by which time final regulations
shall be adopted. end insert

begin delete

(2)

end delete

begin insert (4) end insert  (A) The department shall adopt regulations to establish an
inspection fee based on begin delete fleet size end delete begin insert the number of vehicles described
in subdivision (a) operated by a single charter-party carrier end insert that
shall, at a minimum, be twenty-five dollars ($25) per vehicle and
shall be no higher than seventy-five dollars ($75) per vehicle.

(B)  begin delete No fleet end delete begin insert A single charter-party carrier operator end insert shall begin insert not end insert
pay more than six thousand five hundred dollars ($6,500).

(C) The fee structure established pursuant to this subdivision
shall apply to limousines that have been modified or extended begin insert by
an original or final-stage manufacturer end insert for purposes of increasing
vehicle length and passenger capacity that are required to undergo
a safety inspection pursuant to this section.

begin insert

(D) The fee established pursuant to this subdivision shall be
collected by the California Public Utilities Commission and
deposited into the Motor Vehicle Account in the State
Transportation Fund.

end insert begin delete

(3)

end delete

begin insert (5) 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 the original manufacturer
or the final-stage manufacturer 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
department that the vehicle meets all applicable federal and state
motor vehicle safety standards.

SEC. 5.  

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. 6.  

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.

end delete