BILL ANALYSIS �
SB 338
Page 1
Date of Hearing: August 12, 2013
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
SB 338 (Hill) - As Amended: August 5, 2013
SENATE VOTE : 32-0
SUBJECT : Charter-party carriers of passengers: limousines: fire
extinguishers
SUMMARY : Requires all limousines, as defined, to be equipped
with two fire extinguishers and requires the California Highway
Patrol (CHP) to administer an inspection program for certain
limousines, as specified. Specifically, this bill :
1)Makes legislative findings and declarations in regards to
increasing passenger safety for limousines with a seating
capacity of less than 10 passengers.
2)Requires limousines, as defined, that are modified or extended
for purposes of increasing vehicle length and passenger
capacity, within 30 days after the effective date of this
bill, to be equipped with two readily accessible and fully
charged fire extinguishers as specified, with one fire
extinguisher securely mounted in the driver's compartment and
one in the passenger cabin.
3)Allows the Public Utilities Commission (PUC) to require
compliance with the provisions listed above as a condition of
issuance or renewal of charter-party certificates and permits.
4)Authorizes CHP to conduct safety inspections on all limousines
that have been modified or extended as specified that are
subject to the Charter-Party Carriers Act.
5)Requires not later than January 1, 2015, CHP to implement an
annual safety inspection program of charter-party carriers who
operate limousines that have been modified or extended to
increase vehicle length and passenger capacity.
6)Requires the inspection program to include, but not be limited
to:
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a) Installation of safety equipment;
b) Retention of drivers' logs;
c) Accident reports;
d) Records of drivers' discipline;
e) Compliance with federal and state motor vehicle safety
standards; and,
f) Review of the operator's preventative maintenance
program.
1)Requires CHP to adopt program regulations consistent with the
regulations administered by CHP for bus inspections.
2)Requires an operator or owner of a limousine that has been
modified or extended for purposes of increasing vehicle length
and passenger capacity to certify to the PUC and CHP that the
vehicle meets all applicable federal and state motor vehicle
safety standards.
3)Requires limousine operators subject to the annual inspection
program to pay a $25 fee per inspected limousine, or a maximum
of $6,500, to offset inspection costs.
4)Is an urgency measure.
EXISTING LAW :
1)Establishes the "Passenger Charter-Party Carriers Act," which
directs the PUC to issue permits or certificates to
charter-party carriers, investigate complaints against
carriers, and cancel, revoke, or suspend permits and
certificates for specific violations.
2)Defines "charter-party carrier of passengers" as every person
engaged in the transportation of persons by motor vehicle for
compensation over any public highway in the state.
3)Defines "limousine" as any sedan or sport utility vehicle,
either standard or extended length, with a seating capacity of
not more than 10 passengers including the driver, that is used
for transportation of passengers for hire on a prearranged
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basis.
4)Defines a "bus" as a vehicle designed, used, or maintained for
carrying more than 10 persons, including the driver, which is
used to transport persons for compensation or profit, or is
used by any nonprofit organization or group.
5)Prohibits a dealer from selling or from offering for sale a
vehicle that does not conform to federal vehicle safety
standards. Additionally, prohibits a person from selling or
offering for sale for use upon a vehicle an item of equipment
that does not conform to federal vehicle safety standards.
6)At the federal level, prohibits states from imposing vehicle
equipment standards that are inconsistent with or conflict
with any related federal standard.
7)Requires CHP to inspect and regulate the safe operation to of
various types of vehicles, such as buses, as specified.
FISCAL EFFECT : Unknown
COMMENTS : This bill is in response to two limousine fires which
took place in May and June of this year. On May 4, 2013, a
limousine fire occurred on the San Mateo-Hayward bridge killing
five passengers who were unable to escape the vehicle. Several
of the other passengers were able to exit the limousine only
after climbing through the partition window separating the
passengers from the driver. Similarly, on June 9, 2013, nine
passengers successfully exited a limousine in Walnut Creek prior
to the vehicle catching fire while idling.
Charter-party carriers (carriers) are regulated by the PUC.
Carriers do not include vehicles on a set schedule or between
fix termini, taxi cabs, car rentals, or public transit. Any
carrier, that operates extended limousines with a seating
capacity for more than 10 passengers, is subject to commercial
vehicle regulatory requirements and thus must comply with the
same driver safety and vehicle maintenance requirements as
charter buses or shuttles, including CHP vehicle inspections,
driver certifications, and hours of service requirements.
However, carriers that operate limousines with a seating
capacity of less than 10 passengers remain classified as
passenger vehicles and are not subject to the abovementioned
requirements. Rather, these carriers must submit to the PUC an
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application to obtain a permit or certificate, pay a fee, and
provide adequate evidence of reasonable fitness and financial
responsibility. Upon receiving a carrier permit or certificate,
ongoing or periodic vehicle inspections are not required.
Furthermore, a carrier permit or certification is valid for
three years from the time of issuance and requires a carrier to
submit a renewal application and provide the proper
documentation accordingly. Carriers may be subject to a PUC
investigation triggered for example, by a customer, industry, or
law enforcement complaint, notice of lapsed or cancelled
insurance policies or any other means of notice to the PUC on
the carrier's non-compliance with state law; however physical
inspections of the vehicles are not required.
This bill would require additional safety standards on
limousines that have been modified or extended for purposes of
increasing vehicle length and passenger capacity. The author
asserts that this bill will improve the safety standards for
smaller carriers by bringing them in line with the safety
standards for larger carriers. Specifically, SB 338 aims to
improve safety standards by requiring limousines that are
modified to be extended and hold less than 10 passengers to be
equipped with two fire extinguishers and, commencing in 2015, be
subject to a CHP-administered inspection program that is
consistent with the inspection program currently administered
for buses. Furthermore, providing the PUC with the flexibility
to require the installation and maintenance of fire
extinguishers as part of the permitting or certification process
will provide the PUC with a greater opportunity to enforce the
provisions specified in this bill.
Suggested amendment: This bill does not require coordination
between CHP and PUC. This bill authorizes CHP to develop
regulations and administer a limousine inspection program,
however does not provide CHP with direction on the enforcement
of regulations or reporting inspection data of these specified
limousines to the PUC. The bill should be amended to ensure CHP
inspection data is properly communicated to the PUC. (Due to
committee schedule constraints, any amendments accepted will
need to be taken in the Assembly Appropriations Committee.)
Related legislation: SB 109 (Corbett), requires limousines that
have been modified or extended for purposes of increasing
vehicle length and passenger capacity operating within the state
to be equipped with emergency exits no later than January 1,
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2016. This bill is on third reading and pending on the Assembly
floor.
REGISTERED SUPPORT / OPPOSITION :
Support
California Fire Chiefs Association
California State Sheriffs' Association
California Professional Firefighters
Opposition
None on file
Analysis Prepared by : Manny Leon / TRANS. / (916) 319-2093