BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 338|
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THIRD READING
Bill No: SB 338
Author: Hill (D), et al.
Amended: 7/3/13
Vote: 27 - Urgency
SENATE TRANSPORTATION & HOUSING COMMITTEE : 9-0, 6/18/13
AYES: DeSaulnier, Gaines, Beall, Galgiani, Hueso, Lara, Pavley,
Roth, Wyland
NO VOTE RECORDED: Cannella, Liu
SENATE APPROPRIATIONS COMMITTEE : 6-0, 7/1/13
AYES: De Le�n, Walters, Gaines, Hill, Lara, Steinberg
NO VOTE RECORDED: Padilla
SUBJECT : Limousines
SOURCE : Author
DIGEST : This bill requires owners of limousines offered for
hire in California to equip their limousines with two fire
extinguishers, one in the drivers' compartment and one in the
passenger cabin, as specified.
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
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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
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:
A. It is financially and organizationally capable of
operating its business so that it complies with rules and
regulations governing highway safety.
B. It has a preventative maintenance program in effect for
its vehicles, as prescribed in California Highway Patrol
regulations, and it will maintain its vehicles in safe
operating condition.
C. It regularly checks the driving records of and has in
effect a safety education and training program for all of
its drivers.
D. It provides for controlled substance and alcohol testing
of its drivers.
This bill:
1.Requires, 30 days after the effective date of this bill,
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limousines offered for hire to have at least two readily
accessible and fully charged fire extinguishers having a
specified rating and maintained in efficient operating
condition.
2.Requires one fire extinguisher be securely mounted in the
drivers compartment and one in the passenger cabin.
3.Requires the fire extinguishers be in a conspicuous place or
clearly marked area.
4.Allows the PUC to require compliance with this bill as a
condition of issuing or renewing a certificate or permit of
operation.
Comments
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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee, one-time costs
of up to $140,000 from the PUC Transportation Reimbursement
Account (special) to develop regulations to require limousines
to be equipped with two fire extinguishers.
SUPPORT : (Verified 7/1/13)
California Professional Firefighters
California State Sheriffs' Association
JA:ej 7/3/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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