Amended in Assembly June 4, 2014

Amended in Assembly May 1, 2014

Amended in Assembly January 7, 2014

Amended in Assembly September 9, 2013

Amended in Assembly September 6, 2013

Amended in Assembly September 3, 2013

Amended in Assembly August 6, 2013

Amended in Assembly June 14, 2013

Amended in Senate May 28, 2013

Amended in Senate May 8, 2013

Amended in Senate April 15, 2013

Senate Bill No. 611

Introduced by Senator Hill

February 22, 2013

An act to amend Sections 1042, 5373.1, 5385.7, and 5387 of, to add Sections 1042.1, 5361, and 5384.2 to, and to repeal Sections 5385.6 and 5390 of, the Public Utilities Code, and to amend Sections 27375, 34500, and 34505.1 of, to add Sections 378, 28062, and 34500.4 to, and to repeal Sections 5011.5, 5011.6, and 5011.9 of, the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

SB 611, as amended, Hill. Modified limousines: inspection program: safety requirements.

(1) The Passenger Charter-party Carriers’ Act places charter-party carriers of passengers, as defined, under the jurisdiction and control of the Public Utilities Commission. The act defines a charter-party carrier of passengers to mean every person that is engaged in the transportation of persons by motor vehicle for compensation, whether in common or contract carriage, over any public highway, subject to certain exceptions, including common carrier passenger stage corporations. Existing law requires the Department of the California Highway Patrol to regulate the safe operation of motor vehicles engaged in transportation for hire or compensation and to inspect those vehicles to ensure that they have the required safety equipment. A violation of these provisions is a crime.

This bill would require a modified limousine, as defined, to be equipped with 2 readily accessible and fully charged fire extinguishers, as specified, and would require one fire extinguisher to be securely mounted in the driver’s compartment and at least one to be accessible to the passengers. The bill would require the driver or operator of the modified limousine to notify the passengers of the location of each fire extinguisher prior to the commencement of any trip.

The bill would require the department, not later than January 1, 2016, to implement a safety inspection program, as specified, of charter-party carriers of passengers and passenger stage corporations that operate modified limousines. The bill would require the department to adopt emergency regulations for this purpose. The bill would require the department to transmit to the Public Utilities Commission inspection data of modified limousines inspected pursuant to this program. The bill would also require the department to adopt regulations to establish an inspection fee to be paid by a charter-party carrier or passenger stage corporation, as specified. The bill would require the inspection fee to be collected by the Public Utilities Commission and deposited into the Motor Vehicle Account in the State Transportation Fund to cover the costs of the inspections conducted by the department.

(2) Existing law requires that the Department of the California Highway Patrol, upon determining that a tour bus operator has failed, as provided, to comply with certain Vehicle Code provisions or related regulations, recommend to the Public Utilities Commission and other authorities that certain actions be taken against the carrier.

This bill would also apply these requirements to an operator of modified limousines and correct obsolete references.

(3) Existing law requires every passenger stage corporation to furnish the Public Utilities Commission annually a list, prepared under oath, of all vehicles used in transportation for compensation during the preceding year and requires the commission to furnish a copy of this list to the Department of the California Highway Patrol.

This bill would apply these requirements to charter-party carriers of passengers and would require that the list identify each modified limousine and its terminal location. The bill would prohibit the commission from issuing or continuing in effect, any permit, certificate, or authority of a passenger stage corporation or charter-party carrier of passengers that has not submitted the required fee for inspection pursuant to the inspection program. The bill would require the commission, not later than January 1, 2015, to provide the Department of the California Highway Patrol a list of each modified limousine and its terminal location in order for the department to promulgate regulations pursuant to these provisions.

(4) Existing law requires a limousine operated by a charter-party carrier to display a special identification license plate, containing the word “livery.” The special license plate is issued by the Department of Motor Vehicles, and the cost of the special license plate program is funded by the Public Utilities Commission from the Transportation Reimbursement Account.

This bill would repeal these and various other related provisions.

(5) The bill would make other conforming and technical changes.

(6) Because a violation of the bill’s requirements would be a crime, this bill would impose a state-mandated local program.

(7) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 1042 of the Public Utilities Code is
amended to read:

1042.  

(a) Every passenger stage corporation shall furnish the
commission annually with a list, prepared under oath, of all
vehicles used in transportation for compensation during the
preceding year. This list shall include and identify each modified
limousine and the terminal location of each modified limousine.
The commission shall furnish a copy of this list identifying each
modified limousine and its terminal location to the Department of
the California Highway Patrol. The commission shall also furnish
a copy of this list to the corporation’s insurer, if the corporation’s
accident liability protection is provided by a policy or policies of
insurance.

(b) The commission shall not issue or continue in effect any
permit, certificate, or authority of a passenger stage corporation
that has not submitted fees required for inspection pursuant to
Section 34500.4 of the Vehicle Code and any associated penalties,
if applicable.

(c) If the passenger stage corporation’s insurer informs the
commission that the corporation has failed to obtain insurance
coverage for any vehicle reported on the list, the commission may,
in addition to any other applicable penalty provided in this part,
for a first occurrence, suspend the corporation’s certificate or
impose a fine, or both, and for a second or subsequent occurrence
may suspend or revoke the certificate or impose a fine, or both.

(d) As used in this section and Section 1042.1, “modified
limousine” means any vehicle that has been modified, altered, or
extended in a manner that increases the overall wheelbase of the
vehicle, exceeding the original equipment manufacturer’s published
wheelbase dimension for the base model and year of the vehicle,
in any amount sufficient to accommodate additional passengers
with a seating capacity of not more than 10 passengers including
the driver, and is used in the transportation of passengers for hire.
For purposes of this subdivision, “wheelbase” means the
longitudinal distance between the vertical centerlines of the front
and rear wheels.

SEC. 2.  

Section 1042.1 is added to the Public Utilities Code,
to read:

1042.1.  

Not later than January 1, 2015, the commission shall
provide the Department of the California Highway Patrol with a
list of each passenger stage corporation’s modified limousines and
their terminal locations in order for the department to promulgate
regulations pursuant to Section 34500.4 of the Vehicle Code.

SEC. 3.  

Section 5361 is added to the Public Utilities Code, to
read:

5361.  

“Modified limousine” means any vehicle that has been
modified, altered, or extended in a manner that increases the overall
wheelbase of the vehicle, exceeding the original equipment
manufacturer’s published wheelbase dimension for the base model
and year of the vehicle, in any amount sufficient to accommodate
additional passengers with a seating capacity of not more than 10
passengers including the driver, and is used in the transportation
of passengers for hire. For purposes of this section, “wheelbase”
means the longitudinal distance between the vertical centerlines
of the front and rear wheels.

SEC. 4.  

Section 5373.1 of the Public Utilities Code is amended
to read:

5373.1.  

(a) Each application for a charter-party carrier of
passengers certificate or permit shall be accompanied by a filing
fee as follows:

(1) Class A certificates (new): one thousand five hundred dollars
($1,500).

(2) Class A certificates (renewal): one hundred dollars ($100).

(3) Class B certificates (new): one thousand dollars ($1,000).

(4) Class B certificates (renewal): one hundred dollars ($100).

(5) Class C certificates (new): one thousand dollars ($1,000).

(6) Class C certificates (renewal): one hundred dollars ($100).

(7) Permits (new): one thousand dollars ($1,000).

(8) Permits (renewal): one hundred dollars ($100).

(b) The commission shall also require each application to be
accompanied by a fee to offset the cost of the charter-party carrier
bus terminal inspections conducted by the Department of the
California Highway Patrol. The fee shall be fifteen dollars ($15)
per tour bus, as defined in Section 612 of the Vehicle Code, or a
maximum of six thousand five hundred dollars ($6,500) for each
operating carrier.

(c) The commission shall require each charter-party carrier that
operates tour buses, as defined in Section 612 of the Vehicle Code,
to undergo an annual bus terminal inspection conducted by the
Department of the California Highway Patrol and to pay an annual
fee of fifteen dollars ($15) per tour bus, or a maximum of six
thousand five hundred dollars ($6,500), to offset the cost of the
inspections.

(d) The commission shall deposit the fees collected pursuant to
subdivisions (b) and (c) in the Motor Vehicle Account in the State
Transportation Fund to cover the costs of the inspections conducted
by the department as specified in subdivisions (b) and (c).

SEC. 5.  

Section 5384.2 is added to the Public Utilities Code,
to read:

5384.2.  

(a) Every charter-party carrier of passengers shall
furnish the commission annually with a list, prepared under oath,
of all vehicles used in transportation for compensation during the
preceding year. The list shall include and identify each modified
limousine and the terminal location of each modified limousine.
The commission shall furnish a copy of this list identifying each
modified limousine and its terminal location to the Department of
the California Highway Patrol.

(b) The commission shall not issue or continue in effect any
permit, certificate, or authority of a charter-party carrier of
passengers that has not submitted fees required for inspection
pursuant to Section 34500.4 of the Vehicle Code and any associated
penalties, if applicable.

(c) Not later than January 1, 2015, the commission shall provide
the Department of the California Highway Patrol with a list of
each charter-party carrier’s modified limousines and their terminal
locations in order for the department to promulgate regulations
pursuant to Section 34500.4 of the Vehicle Code.

SEC. 6.  

Section 5385.6 of the Public Utilities Code is repealed.

SEC. 7.  

Section 5385.7 of the Public Utilities Code is amended
to read:

5385.7.  

A charter-party carrier shall not operate a modified
limousine, as defined in Section 5361, unless the modified
limousine is equipped with emergency exits at the rear of the
vehicle as required pursuant to Article 3.4 (commencing with
Section 27375) of Chapter 5 of Division 12 of the Vehicle Code.
The commission shall adopt rules to implement this section.

SEC. 8.  

Section 5387 of the Public Utilities Code is amended
to read:

5387.  

(a) It is unlawful for the owner of a charter-party carrier
of passengers to permit the operation of a vehicle upon a public
highway for compensation without (1) having obtained from the
commission a certificate or permit pursuant to this chapter, (2)
having complied with the vehicle identification requirements of
Section 5385 or 5385.5, and (3) having complied with the accident
liability protection requirements of Section 5391.

(b) A person who drives a bus for a charter-party carrier without
having a current and valid driver’s license of the proper class, a
passenger vehicle endorsement, or the required certificate shall be
suspended from driving a bus of any kind, including, but not
limited to, a bus, schoolbus, school pupil activity bus, or transit
bus, with passengers for a period of five years pursuant to Section
13369 of the Vehicle Code.

(c) (1) A charter-party carrier shall have its authority to operate
as a charter-party carrier permanently revoked by the commission
or be permanently barred from receiving a permit or certificate
from the commission if it commits any of the following acts:

(A) Operates a bus without having been issued a permit or
certificate from the commission.

(B) Operates a bus with a permit that was suspended by the
commission pursuant to Section 5378.5.

(C) Commits three or more liability insurance violations within
a two-year period for which it has been cited.

(D) Operates a bus with a permit that was suspended by the
commission during a period that the charter-party carrier’s liability
insurance lapsed for which it has been cited.

(E) Knowingly employs a busdriver who does not have a current
and valid driver’s license of the proper class, a passenger vehicle
endorsement, or the required certificate to drive a bus.

(F) Has one or more buses improperly registered with the
Department of Motor Vehicles.

(2) The commission shall not issue a new permit or certificate
to operate as a charter-party carrier if any officer, director, or owner
of that charter-party carrier was an officer, director, or owner of
a charter-party carrier that had its authority to operate as a
charter-party carrier permanently revoked by the commission or
that was permanently barred from receiving a permit or certificate
from the commission pursuant to this subdivision.

(d) An officer of the Department of the California Highway
Patrol may impound a bus of a charter-party carrier for 30 days
pursuant to Section 14602.9 of the Vehicle Code if the officer
determines that any of the following violations occurred while the
busdriver was operating the bus of a charter-party carrier:

(1) The driver was operating the bus of a charter-party carrier
when the charter-party carrier did not have a permit or certificate
issued by the commission.

(2) The driver was operating the bus of a charter-party carrier
when the charter-party carrier was operating the bus with a
suspended permit or certificate from the commission.

(3) The driver was operating the bus of a charter-party carrier
without having a current and valid driver’s license of the proper
class, a passenger vehicle endorsement, or the required certificate.

SEC. 9.  

Section 5390 of the Public Utilities Code is repealed.

SEC. 10.  

Section 378 is added to the Vehicle Code, to read:

378.  

(a) “Limousine” means any sedan or sport utility vehicle,
of either standard or extended length, with a seating capacity of
not more than 10 passengers including the driver, used in the
transportation of passengers for hire on a prearranged basis within
this state.

(b) “Modified limousine” means any vehicle that has been
modified, altered, or extended in a manner that increases the overall
wheelbase of the vehicle, exceeding the original equipment
manufacturer’s published wheelbase dimension for the base model
and year of the vehicle, in any amount sufficient to accommodate
additional passengers with a seating capacity of not more than 10
passengers including the driver, and is used in the transportation
of passengers for hire. For purposes of this subdivision,
“wheelbase” means the longitudinal distance between the vertical
centerlines of the front and rear wheels.

SEC. 11.  

Section 5011.5 of the Vehicle Code is repealed.

SEC. 12.  

Section 5011.6 of the Vehicle Code is repealed.

SEC. 13.  

Section 5011.9 of the Vehicle Code is repealed.

SEC. 14.  

Section 27375 of the Vehicle Code is amended to
read:

27375.  

(a) Any person who operates a modified limousine
shall ensure that the vehicle has at least two rear side doors and
one or two rear windows, as specified in paragraph (1), that the
rear seat passengers or all passengers of the vehicle may open from
the inside of the vehicle in case of any fire or other emergency that
may require the immediate exit of the passengers of the vehicle.
A limousine subject to this section shall be equipped with both of
the following:

(1) (A) Except as provided in subparagraph (B), at least two
rear push-out windows that are accessible to all passengers. At
least one push-out window shall be located on each side of the
vehicle, unless the design of the limousine precludes the installation
of a push-out window on one side of the vehicle, in which case
the second push-out window shall instead be located in the roof
of the vehicle.

(B) If the design of the limousine precludes the installation of
even one push-out window on a side of the vehicle, one push-out
window shall instead be located in the roof of the vehicle.

(C) The Department of the California Highway Patrol shall
establish, by regulation, standards to ensure that window exits are
operable and sufficient in emergency situations for limousine
passengers. The department shall ensure that these regulations
comply with any applicable federal motor vehicle safety standards.

(2) At least two rear side doors that are accessible to all
passengers and that may be opened manually by any passenger.
At least one rear side door shall be located on each side of the
vehicle. For modified limousines, on or after July 1, 2015, at least
one of these side doors shall be located near the driver’s
compartment and another near the back of the vehicle. These side
doors shall comply with any applicable federal motor vehicle safety
standards as deemed necessary by the Department of the California
Highway Patrol.

(b) In the case of any fire or other emergency that requires the
immediate exit of the passengers from the limousine, the driver of
the limousine shall unlock the doors so that the rear side doors can
be opened by the passengers from the inside of the vehicle.

(c) An owner or operator of a limousine shall do all of the
following:

(1) Instruct all passengers on the safety features of the vehicle
prior to the beginning of any trip, including, but not limited to,
instructions for lowering the partition between the driver and
passenger compartments and for communicating with the driver
by the use of an intercom or other onboard or wireless device.

(2) Disclose to the contracting party and the passengers whether
the limousine meets the safety requirements described in this
section.

(3) If paragraph (3) of subdivision (d) applies, the owner or
operator of a limousine shall further disclose to the contracting
party and the passengers that the limousine does not meet the safety
requirements required in subdivision (a) regarding vehicle escape
options because of its exempt status, and therefore may pose a
greater risk to passengers should emergency escape be necessary.

(d) (1) Subdivision (a) shall apply to all modified limousines
on or after July 1, 2015.

(2) Subdivision (a) shall, beginning January 1, 2016, apply to
all vehicles that met the definition of modified limousine as
described in subdivision (b) of Section 378, prior to July 1, 2015.

(3) Except as provided in paragraph (4), subdivision (a) shall
not apply to any limousine manufactured prior to 1970 and that
has an active transportation charter-party carrier (TCP) number
that was issued by the commission as of August 15, 2013.

(4) Subdivision (a) shall apply to any limousine manufactured
prior to 1970 if it was modified after August 15, 2013.

SEC. 15.  

Section 28062 is added to the Vehicle Code, to read:

28062.  

(a) A modified limousine shall be equipped with two
readily accessible and fully charged fire extinguishers having at
least a 2A10BC 5lb rating and maintained in efficient operating
condition. One fire extinguisher shall be securely mounted in the
driver’s compartment and at least one shall be accessible to the
passengers.

(b) The driver or operator of a modified limousine shall notify
the passengers of the location of each fire extinguisher prior to the
commencement of any trip.

SEC. 16.  

Section 34500 of the Vehicle Code is amended to
read:

34500.  

The department shall regulate the safe operation of the
following vehicles:

(a) Motortrucks of three or more axles that are more than 10,000
pounds gross vehicle weight rating.

(b) Truck tractors.

(c) Buses, schoolbuses, school pupil activity buses, youth buses,
farm labor vehicles, modified limousines, and general public
paratransit vehicles.

(d) Trailers and semitrailers designed or used for the
transportation of more than 10 persons, and the towing motor
vehicle.

(e) Trailers and semitrailers, pole or pipe dollies, auxiliary
dollies, and logging dollies used in combination with vehicles
listed in subdivision (a), (b), (c), or (d). This subdivision does not
include camp trailers, trailer coaches, and utility trailers.

(f) A combination of a motortruck and a vehicle or vehicles set
forth in subdivision (e) that exceeds 40 feet in length when coupled
together.

(g) A truck, or a combination of a truck and any other vehicle,
transporting hazardous materials.

(h) Manufactured homes that, when moved upon the highway,
are required to be moved pursuant to a permit as specified in
Section 35780 or 35790.

(i) A park trailer, as described in Section 18009.3 of the Health
and Safety Code, that, when moved upon a highway, is required
to be moved pursuant to a permit pursuant to Section 35780.

(j) Any other motortruck not specified in subdivisions (a) to
(h), inclusive, or subdivision (k), that is regulated by the
Department of Motor Vehicles, Public Utilities Commission, or
United States Secretary of the Department of Transportation, but
only for matters relating to hours of service and logbooks of
drivers.

(k) A commercial motor vehicle with a gross vehicle weight
rating of 26,001 or more pounds or a commercial motor vehicle
of any gross vehicle weight rating towing a vehicle described in
subdivision (e) with a gross vehicle weight rating of more than
10,000 pounds, except combinations including camp trailers, trailer
coaches, or utility trailers. For purposes of this subdivision, the
term “commercial motor vehicle” has the meaning defined in
subdivision (b) of Section 15210.

SEC. 17.  

Section 34500.4 is added to the Vehicle Code, to
read:

34500.4.  

(a) The Department of the California Highway Patrol
shall conduct safety inspections of begin delete all end delete modified limousines that
are operated by passenger stage corporations pursuant to Article
2 (commencing with Section 1031) of Chapter 5 of Part 1 of
Division 1 of the Public Utilities Code or by charter-party carriers
of passengers pursuant to the Passenger Charter-party Carriers’
Act (Chapter 8 (commencing with Section 5351) of Division 2 of
the Public Utilities Code).

(b) (1) Not later than January 1, 2016, the Department of the
California Highway Patrol shall implement a safety inspection
program of charter-party carriers of passengers and passenger stage
corporations that operate modified limousines. The inspection
program shall include, but is not limited to, the safe operation of
the vehicle, the installation of safety equipment, the retention of
maintenance logs, accident reports, and records of driver discipline,
compliance with federal and state motor vehicle safety standards,
the examination of a preventative maintenance program, and, if
ownership of the begin insert modified end insert limousine has been transferred, the
transmission of relevant safety and maintenance information of
the limousine.

(2) Pursuant to the safety inspection program, the department
shall conduct an inspection of each charter-party carrier of
passengers and passenger stage corporation that operates modified
limousines at least once every 13 months.

(3) The department shall adopt emergency regulations for
purposes of this subdivision. The adoption by the department of
regulations implementing this section shall be deemed to be an
emergency and necessary to avoid serious harm to the public peace,
health, safety, or general welfare for purposes of Sections 11346.1
and 11349.6 of the Government Code, and the department is hereby
exempted from the requirement that it describe facts showing the
need for immediate action to the Office of Administrative Law.
The emergency regulations shall remain in effect for no more than
one year, by which time final regulations shall be adopted.

(4) (A) The department shall adopt regulations to establish an
inspection fee applied to modified limousines to be collected every
13 months, based on the number of modified limousines operated
by a single charter-party carrier or passenger stage corporation.
The fee shall be in an amount sufficient to offset the costs to
administer this inspection program and shall not be used to supplant
or support any other inspection program conducted by the
department. The fee shall be in addition to any other required fee.
When developing the regulations, the department shall consider
measures that increase efficiencies to limit the financial impact to
charter-party carriers of passengers and passenger stage
corporations subject to the fee. The department shall promulgate
the regulations in consultation with appropriate interested parties.

(B) The fee structure established pursuant to this subdivision
shall apply to modified limousines that are required to undergo a
safety inspection pursuant to this section.

(C) The fee established pursuant to this subdivision shall be
collected by the Public Utilities Commission and deposited into
the Motor Vehicle Account in the State Transportation Fund to
cover the costs of the inspections conducted by the department.

(5) The department shall transmit to the Public Utilities
Commission inspection data of modified limousines inspected
pursuant to this program, as specified in the program regulations.

(c) Regulations adopted pursuant to this section shall be
consistent with the established inspection program administered
by the department for buses pursuant to this division.

SEC. 18.  

Section 34505.1 of the Vehicle Code is amended to
read:

34505.1.  

(a) Upon determining that a tour bus or modified
limousine operator has either (1) failed to maintain any vehicle
used in transportation for compensation in a safe operating
condition or to comply with the Vehicle Code or with regulations
contained in Title 13 of the California Code of Regulations relative
to motor carrier safety, and, in the department’s opinion, that failure
presents an imminent danger to public safety or constitutes such
a consistent failure as to justify a recommendation to the Public
Utilities Commission or the interstate operating authority or the
United States Department of Transportation or (2) failed to enroll
all drivers in the pull notice system as required by Section 1808.1,
the department shall recommend to the Public Utilities Commission
that the carrier’s operating authority be suspended, denied, or
revoked, or to the United States Department of Transportation,
that appropriate administrative action be taken against the carrier’s
interstate operating authority or United States Department of
Transportation number, whichever is appropriate. For purposes of
this subdivision, two consecutive unsatisfactory compliance ratings
for an inspected terminal assigned because the tour bus or begin insert modified end insert
limousine operator failed to comply with the periodic report
requirements of Section 1808.1 or the cancellation of the operator’s
enrollment by the Department of Motor Vehicles for nonpayment
of required fees may be determined by the department to be a
consistent failure. However, when recommending denial of an
application for new or renewal authority, the department need not
conclude that the carrier’s failure presents an imminent danger to
public safety or that it constitutes a consistent failure. The
department need only conclude that the carrier’s compliance with
the safety-related matters described in paragraph (1) of subdivision
(a) is sufficiently unsatisfactory to justify a recommendation for
denial. The department shall retain a record, by operator, of every
recommendation made pursuant to this section.

(b) Before transmitting a recommendation pursuant to
subdivision (a), the department shall notify the carrier in writing
of all of the following:

(1) That the department has determined that the carrier’s safety
record is unsatisfactory, furnishing a copy of any documentation
or summary of any other evidence supporting the determination.

(2) That the determination may result in a suspension,
revocation, or denial of the carrier’s operating authority or United
States Department of Transportation number by the California
Public Utilities Commission or the United States Department of
Transportation, as appropriate.

(3) That the carrier may request a review of the determination
by the department within five days of its receipt of the notice
required under this subdivision. If a review is requested by the
carrier, the department shall conduct and evaluate that review prior
to transmitting any notification pursuant to subdivision (a).

SEC. 19.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.