BILL NUMBER: SB 338 AMENDED
BILL TEXT
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
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 5373.1 5385.6
of the Public Utilities Code, and to add Sections 28062 and
34500.4 to the Vehicle Code, relating to charter-party carriers of
passengers, and declaring the urgency thereof, to take
effect immediately. passengers.
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 by an original or final-stage manufacturer
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
the other at least 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. 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 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. The bill would also require, not
later than July 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 by an
original or final-stage manufacturer for purposes of increasing
vehicle length and passenger capacity. The bill would require the
department to adopt emergency 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 payment of
department to adopt regulations to establish an
inspection fee to be paid by a single charter-party carrier
operator , as specified, and would revise the
inspection fees for charter-party carrier bus terminal inspections.
specified. 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. 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 majority . 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.
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.
SEC. 2. Section 5385.6 of the Public
Utilities Code is amended to read:
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 will
shall issue to each verified vehicle a set of unique,
identifying license plates. The department shall require each
certificate of registration to identify whether a limousine with a
seatin g 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 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 cancelled, canceled,
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 by an original or final-stage manufacturer 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 at least
one shall be accessible to the passengers.
(b) The driver or operator of a limousine that has been modified
or extended by an original or final-stage manufacturer 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 annual safety
inspections of all limousines that have been modified or extended
by an original or final-stage manufacturer 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 an annual
a 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. The
(2) 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.
(3) The department shall adopt
emergency regulations for this purpose and hold
public hearings prior to the adoption of any rule or regulation.
purposes of this subdivision . 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. The emergency regulations shall remain
in effect for no more than one year, by which time final regulations
shall be adopted.
(2)
(4) (A) The department shall adopt regulations to
establish an inspection fee based on fleet size
the number of vehicles described in subdivision (a) operated by
a single charter-party carrier 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) No fleet A single charter-party
carrier operator shall not 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 by
an original or final-stage manufacturer for purposes of
increasing vehicle length and passenger capacity that are required to
undergo a safety inspection pursuant to this section.
(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.
(3)
(5) 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.
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.