BILL ANALYSIS                                                                                                                                                                                                    Ó



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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










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