BILL ANALYSIS �
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: SB 338
SENATOR MARK DESAULNIER, CHAIRMAN AUTHOR: hill
VERSION: 6/12/13
Analysis by: Carrie Cornwell FISCAL: yes
Hearing date: June 18, 2013 URGENCY: YES
SUBJECT:
Limousines
DESCRIPTION:
This bill requires owners of limousines offered for hire in
California to equip their limousines with two fire
extinguishers, one near the driver and one in the trunk.
ANALYSIS:
Charter-party carriers of passengers are businesses that
transport persons by motor vehicle for compensation over the
public highways of California. Charter-party carriers are
principally charter bus and limousine companies. By definition,
they are not taxicabs, transit vehicles, school transportation
vehicles, or other specified transportation services.
Typically, charter-party carriers of passengers offer their
customers both a vehicle and driver to transport passengers on a
prearranged basis.
To operate as a charter-party carrier, the carrier must obtain
from the Public Utilities Commission (PUC) a permit or
certificate, place identifying symbols or plates on its
vehicles, and acquire adequate liability insurance. The
charter-party carrier must renew its permit or certificate every
three years.
The PUC issues six different types of charter-party carrier
permits and certificates, depending on the type of vehicle
operated and types of transportation services offered. Three of
these encompass limousines, of which there are about 12,500
licensed to operate for charter-party carrier businesses in this
state. Limousines can be sedans or sport utility vehicles.
Before the PUC can issue a permit or certificate, it must
require a business applying for or renewing the permit or
certificate to establish that it is reasonably fit and
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financially responsible to conduct or continue to conduct
transportation services. The PUC shall not issue or renew a
permit or certificate unless the charter-party carrier applicant
meets several requirements, including:
It is financially and organizationally capable of
operating its business so that it complies with rules and
regulations governing highway safety;
It has a preventative maintenance program in effect for
its vehicles, as prescribed in California Highway Patrol
(CHP) regulations, and it will maintain its vehicles in
safe operating condition;
It regularly checks the driving records of and has in
effect a safety education and training program for all of
its drivers; and
It provides for controlled substance and alcohol testing
of its drivers.
This bill , in addition, prohibits the PUC from issuing a permit
or certificate to a charter-party carrier applicant, unless the
applicant has equipped each of its vehicles with two readily
accessible and fully charged fire extinguishers having a
specified rating, maintained in efficient operating condition,
and mounted in the driver's compartment and in the vehicle's
trunk. This bill takes effect immediately as an urgency
measure.
COMMENTS:
1.Purpose . The author introduced this bill in response to an
incident that occurred on May 5, 2013, in which a limousine
caught fire while traveling on the San Mateo-Hayward Bridge
over the San Francisco Bay. That limousine was carrying nine
passengers. The driver escaped unharmed and four of the
passengers escaped through the driver's partition. The five
other passengers died in the blaze. The author asserts that
the limousine did not have a fire extinguisher and introduced
this bill to require limousines for hire to have fire
extinguishers on board for use in situations such as this May
5th incident.
2.Investigation in progress . The California Highway Patrol
(CHP) reports its accident investigation team is nearing
completion of its work and will report soon on its findings as
to what caused the May 5th limousine fire and resulting
deaths. Information CHP has provided to committee staff and
to other interested parties thus far does not indicate that
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requiring fire extinguishers in the trunk and driver's
compartment of that vehicle would have averted the tragedy
that occurred. That incident appears most likely related to a
mechanical issue. These findings are preliminary, and until
CHP releases its report, it is too early to know what changes
in statute, if any, would address the causes of that incident
and help avert a similar future incident. The committee may
wish, therefore, to hold this bill until the CHP investigation
is complete.
3.Criminal and other penalties . CHP is also working with the
San Mateo County District Attorney on an investigation that
could lead to criminal charges related to the May 5th
incident. In addition, state law already requires the PUC,
upon receiving a recommendation from CHP, to revoke the permit
or certificate of any charter-party carrier because of its
failure to maintain its vehicles in a safe operating
condition. Existing law further requires the PUC to
investigate complaints against charter carriers and to cancel,
revoke, or suspend permits and certificates for specified
violations. All of these provisions of existing law empower
CHP and PUC to ensure that charter-party carriers maintain
their vehicles in safe operating condition. The CHP
investigation of the May 5th incident should show whether the
existing law and the related regulations are sufficient and
are being appropriately implemented.
4.Work in progress . This bill makes a minor change in law -
requiring limousines for hire to have two fire extinguishers
on board - that either the PUC or the CHP could heretofore
have included in regulations those agencies adopt pursuant to
their authority over limousines for hire. The author notes in
his background that state law currently subjects buses to CHP
inspections at least once every 13 months. Limousines do not
meet the definition of bus, but depending on the outcome of
the CHP investigation, it may become clear that limousines
should be subjected to CHP inspections. It does appear very
likely that the author will expand this bill to provide for
greater regulation of limousines for hire.
5.Technical amendments .
On page 3, line 32, after "vehicles" insert "as defined
in subdivision (i) of Section 5371.4"
On page 3, line 36, after "trunk" insert "or luggage
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compartment"
RELATED LEGISLATION
SB 109 (Corbett) requires limousines manufactured on or after
January 1, 2015, to have two windows and two doors in the rear
compartment to serve as emergency exits in the case of fire. Set
for hearing on June 17th in the Assembly Transportation
Committee.
POSITIONS: (Communicated to the committee before noon on
Wednesday, June 12,
2013.)
SUPPORT: California Professional Firefighters
California State Sheriffs' Association
OPPOSED: None received.