BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 338
                                                                  Page  1

          Date of Hearing:   August 21, 2014

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                    SB 338 (Hill) - As Amended:  August 14, 2013 

          Policy Committee:                              
          TransportationVote:15-0

          Urgency:     Yes                  State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  

          This bill requires limousines to be equipped with fire  
          extinguishers and be subject to annual safety inspections.  
          Specifically, this bill:

          1)Require limousine that has been modified or extended to  
            increase vehicle length and passenger capacity to be equipped  
            with two fire extinguishers, as specified.

          2)Authorizes the Public Utilities Commission (PUC) to require  
            compliance with (1) as a condition for issuing or renewing a  
            charter-party carrier's permit.

          3)Requires the CHP, by January 1, 2015 to adopt regulations and  
            implement an annual safety inspection program, as specified,  
            for limousines modified or extended to increase vehicle length  
            and passenger capacity and that have a capacity of 10  
            passengers or less. This program is to be consistent with the  
            CHP's existing inspection program for buses, which covers  
            limousines with capacity greater than 10.

          4)Requires the CHP to transmit inspection data to the PUC  
            pursuant to the CHP's regulations.

          5)Requires the limousine owner or operator to:

             a)   Certify to the PUC that the vehicle meets all applicable  
               federal and state vehicle safety standards.

             b)   Pay a fee of $25 per limousine or a maximum of $6,500 to  
               offset CHP inspection costs.








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           FISCAL EFFECT  

          1)Significant cost to the CHP to establish and implement an  
            ongoing safety inspection program for limousines with a  
            capacity of 10 passengers or less. There are an estimated  
            12,500 such vehicles statewide. The number of these vehicles  
            that have been modified or extended is unknown, however, but  
            is estimated at around 4,200 to 5,000. Based on this estimate,  
            the CHP would require at least eight additional Motor Carrier  
            Safety Specialist positions and eight vehicles. First-year  
            costs would be about $1.2 million and ongoing costs would be  
            about $900,000. The $25 fee specified in the bill would only  
            generate $312,000 annually to offset these costs, so the  
            balance would be from the Motor Vehicle Account.
          2)With more charter-party vehicles being inspected, the PUC  
            anticipates workload increases associated with vehicles  
            failing inspection. This will requires two to three positions  
            at an annual cost of $120,000 to $180,000, (Transportation  
            Reimbursement Account).

           COMMENTS  

           1)Background  . Charter-party 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.  
            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 application to obtain a permit or certificate, pay a fee,  
            and provide adequate evidence of reasonable fitness and  
            financial responsibility.  

            On May 4, 2013, a limousine fire occurred on the San Mateo  
            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  








                                                                  SB 338
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            9, 2013, nine passengers successfully exited a limousine in  
            Walnut Creek prior to the vehicle catching fire while idling.

           2)Purpose  . SB 338 requires additional safety standards on  
            limousines that have been modified or extended for purposes of  
            increasing vehicle length and passenger capacity.  The author  
            asserts the bill will improve the safety standards for smaller  
            carriers by bringing them in line with the standards for  
            larger carriers.  
           
          3)Related Legislation  . SB 109 (Corbett), pending in the  
            Assembly, requires limousines operating in the state to be  
            equipped with emergency exits.

           Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081