BILL NUMBER: AB 863 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 8, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Dodd
(Principal coauthor: Assembly Member Brown)
(Coauthor: Senator Hill)
FEBRUARY 26, 2015
An act to amend Section Sections
27375 and 34500.4 of the Vehicle Code, relating to
modified limousines.
LEGISLATIVE COUNSEL'S DIGEST
AB 863, as amended, Dodd. Modified limousines: passenger safety.
Existing
(1) Existing law, on and after
January 1, 2016, requires any person operating a modified limousine
that is modified prior to July 1, 2015, to ensure that the vehicle is
equipped with at least 2 rear side doors and one or 2 rear windows
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, as specified.
Under this bill, the requirement that those modified limousines be
equipped with one or 2 rear windows would instead apply on and after
January 1, 2017. The bill would make other nonsubstantive
changes to these provisions.
The bill would make other nonsubstantive changes to these
provisions.
(2) Existing law requires, not later than July 1, 2016, the
Department of the California Highway Patrol to implement a program to
conduct safety inspections of modified limousine terminals that are
operated by passenger stage corporations pursuant to the Public
Utilities Act or by charter-party carriers of passengers pursuant to
the Passenger Charter-party Carriers' Act.
This bill would extend the operative date of the safety inspection
program to July 1, 2017.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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
doors, as specified in paragraph (2), 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 subdivision 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.
(D) For modified limousines modified prior to July 1, 2015, the
requirements of this paragraph shall apply on and after January 1,
2017.
(2) (A) 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
(B) For modified limousines
modified 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
(C) The rear 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 a 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) (1) 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
modified on or after July 1, 2015.
(2) Paragraph (1) of subdivision (a) shall, beginning January 1,
2017, apply to all vehicles that met the definition of modified
limousine, as described in subdivision (b) of Section 378, that were
modified prior to July 1, 2015.
(3)
(d) (1) Except as provided in
paragraph (4), (2), subdivision (a)
shall not apply to any limousine manufactured before 1970 that has an
active transportation charter-party carrier (TCP) number that was
issued by the commission as of August 15, 2013.
(4)
(2) Subdivision (a) shall apply to any limousine
manufactured before 1970 if it was modified after August 15, 2013.
SEC. 2. Section 34500.4 of the Vehicle
Code is amended to read:
34500.4. (a) Not later than July 1, 2016,
2017, the Department of the California Highway Patrol shall
implement a program to conduct safety inspections of modified
limousine terminals 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) 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 modified 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 terminal of a 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 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 the 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 limousine terminals 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.