BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 338|
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UNFINISHED BUSINESS
Bill No: SB 338
Author: Hill (D), et al.
Amended: 9/6/13
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
SENATE FLOOR : 32-0, 7/8/13
AYES: Anderson, Beall, Berryhill, Block, Cannella, Corbett,
Correa, DeSaulnier, Emmerson, Evans, Fuller, Gaines, Galgiani,
Hancock, Hill, Hueso, Huff, Jackson, Knight, Leno, Lieu,
Monning, Nielsen, Padilla, Pavley, Roth, Steinberg, Torres,
Walters, Wolk, Wright, Wyland
NO VOTE RECORDED: Calderon, De Le�n, Hernandez, Lara, Liu, Yee,
Vacancy, Vacancy
ASSEMBLY FLOOR : Not available
SUBJECT : Limousines
SOURCE : Author
DIGEST : This bill requires owners of limousines offered for
CONTINUED
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hire in California to equip their limousines with two fire
extinguishers, one in the drivers' compartment and one in the
passenger cabin, as specified, and requires the California
Highway Patrol (CHP) to establish and administer an inspection
program for certain limousines, as specified.
Assembly Amendments require the driver or operator of a
limousine, as specified, to notify the passengers of the
location of each fire extinguisher prior to the commencement of
any trip; require a certificate of registration submitted to the
Department of Motor Vehicles (DMV) by a charter-party carrier to
identify whether a limousine has been extended or modified for
purposes of increasing vehicle length and passenger capacity and
requires DMV to make this information available to CHP; requires
not later than July 1, 2015, CHP to implement a safety
inspection program of charter-party carriers who operate
limousines as specified; and requires charter-party carriers
that operate limousines, as specified, to be inspected at least
once every 13 months.
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.
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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 CHP 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.Makes legislative findings and declarations in regards to
increasing passenger safety for limousines with a seating
capacity of less than 10 passengers.
2.Requires charter-party carriers that operate limousines, as
specified, that are modified or extended for purposes of
increasing vehicle length and passenger capacity 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 at least one
shall be accessible to passengers.
3.Requires the driver or operator of a limousine, as specified,
to notify the passengers of the location of each fire
extinguisher prior to the commencement of any trip.
4.Requires a certificate of registration submitted to DMV by a
charter-party carrier to identify whether a limousine has been
extended or modified for purposes of increasing vehicle length
and passenger capacity and requires DMV to make this
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information available to CHP.
5.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.
6.Requires not later than July 1, 2015, CHP to implement a
safety inspection program of charter-party carriers who
operate limousines that have been modified or extended to
increase vehicle length and passenger capacity. Requires CHP
to adopt emergency regulations pertaining to the development
and implementation of the inspection program as specified in
this bill. Requires the emergency regulations to be in effect
for not more than one year and requires the final regulations
to be adopted by CHP by the end of the one year period.
7.Requires charter-party carriers that operate limousines, as
specified, to be inspected at least once every 13 months.
8.Requires the inspection program to include, but not be limited
to:
A. Installation of safety equipment;
B. Retention of maintenance logs;
C. Accident reports;
D. Records of drivers' discipline;
E. Compliance with federal and state motor vehicle safety
standards;
F. Review of the operator's preventative maintenance
program; and
G. Relevant safety and maintenance information on the
limousine if the vehicle has changed ownership.
1.Requires CHP to adopt regulations to establish an inspection
fee on charter-party carriers that operate limousines, as
defined, that have been modified or extended for purposes of
increasing vehicle length and passenger capacity. The
inspection fee shall be based on the number of vehicles, as
specified, by a single charter-party carrier and shall be set
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at a minimum of $25 and no higher than $75 per vehicle with a
maximum fee of $6,500 levied per fleet.
2.Requires the inspection fee to be collected by the PUC and
deposited into the Motor Vehicle Account.
3.Requires CHP to transmit to the PUC inspection data pertaining
to the limousines subject to inspection under this bill.
4.Requires CHP to adopt program regulations consistent with the
regulations administered by CHP for bus inspections.
5.Requires the original manufacturer or final-stage manufacturer
of a limousine that has been modified or extended for purposes
of increasing vehicle length and passenger capacity to certify
to CHP that the vehicle meets all applicable federal and state
motor vehicle safety standards.
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 Assembly Appropriations Committee:
Significant cost to 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,
CHP will require at least eight additional Motor Carrier
Safety Specialist positions and eight vehicles. First-year
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costs will be about $1.2 million and ongoing costs will be
about $900,000. These costs will be offset by the inspection
fee to be established by CHP. In addition, the higher fee to
be established for tour bus inspection will help offset the
cost of that program.
With more charter-party vehicles being inspected, the PUC
anticipates workload increases associated with vehicles
failing inspection. This will require two to three positions
at an annual cost of $120,000 to $180,000.
SUPPORT : (Verified 9/11/13)
California Fire Chiefs Association
California Professional Firefighters
California State Sheriffs Association
Consumers for Auto Reliability and Safety
Greater California Livery Association
Orange County Fire Authority
JA:ej 9/11/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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