BILL ANALYSIS Ó
AB 863
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Date of Hearing: April 6, 2015
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
AB 863
(Dodd) - As Amended March 26, 2015
SUBJECT: Modified limousines: passenger safety
SUMMARY: Makes several changes to emergency exit requirements
for modified limousines. Specifically, this bill:
1)Clarifies that existing modified limousines in operation prior
to July 1, 2015, are subject to push-out window requirements,
as specified.
2)Extends the implementation date of the abovementioned
requirement to January 1, 2017.
3)Makes technical, non-substantive changes
EXISTING LAW:
1)Establishes the "Passenger Charter-Party Carriers Act," which
directs the state Public Utilities Commission (PUC) to issue
permits or certificates to carriers, investigate complaints
against carriers, and cancel, revoke, or suspend permits and
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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, whether in common or contract carriage, over any
public highway in the state and includes any person,
corporation, or other entity engaged in the provision of a
hired driver service when a rented motor vehicle is being
operated by a hired driver.
3)Defines a limousine as any sedan or sport utility vehicle,
either standard or extended length, with a seating capacity of
not more than ten passengers including the driver, that is
used in the transportation of passengers for hire on a
prearranged basis.
4)Defines a modified limousine as any vehicle that has been
modified, altered, or extended in a manner that increases the
overall wheelbase of the vehicle, as specified, in any amount
sufficient to accommodate additional passengers with a seating
capacity of not more than ten passengers including the driver,
and is used in the transportation of passengers for hire.
5)Requires modified limousines, as defined, to have at least two
push out windows or one rooftop push out window if specific
conditions are met, and at least two rear side doors with at
least one side door located near the driver's compartment, as
specified.
6)Provides phased in implementation dates of the abovementioned
requirements for new and existing modified limousines, as
specified.
7)Prohibits a dealer from selling or 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.
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8)Prohibits, at the federal level, states from imposing vehicle
equipment standards that are inconsistent with or conflict
with any related federal standard.
FISCAL EFFECT: Unknown
COMMENTS: 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. Approximately
one month later, on June 9, 2013, nine passengers successfully
exited a limousine in Walnut Creek prior to the vehicle catching
fire while idling.
In response to these incidents, several bills were introduced to
provide additional safeguards and safety measures to the
limousine industry. SB 109 (Corbett), Chapter 752, Statutes of
2013, included a number of safety requirements for modified
limousines, including emergency pop out windows and specific
door requirements. That same year, SB 338 (Hill) would have
required modified limousines to be equipped with two fire
extinguishers and directed the California Highway Patrol (CHP)
to develop and implement a limousine inspection program. The
Governor ultimately vetoed SB 338 and requested the Legislature
to send him similar legislation with a provision authorizing CHP
to charge a fee for the actual cost to perform the inspections.
In response, SB 611 (Hill), Chapter 860, Statutes of 2014, was
introduced and ultimately enacted, which, in addition to
establishing a limousine inspection program, made a number of
other changes including providing clarification on the types of
vehicles that are considered modified limousines and subject to
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CHP inspection. Consequentially, by making these clarifying
changes, SB 611 unintentionally changed the emergency window and
door requirements specified under SB 109.
This bill intends to make the necessary corrections resulting
from the unintentional changes enacted under SB 611. The author
asserts that this bill will correct previous inadvertent
drafting errors and bring existing law in line with the intent
of the original legislation. Additionally, in order to ensure
existing modified limousines currently in operation have
sufficient time to meet the emergency window requirements, this
bill also extends the implementation date to January 1, 2017.
REGISTERED SUPPORT / OPPOSITION:
Support
Greater California Livery Association
Opposition
None on file
Analysis Prepared by:Manny Leon / TRANS. / (916) 319-2093
AB 863
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