BILL ANALYSIS Ó
AB 863
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4/14/2015: Changes per Consultant
ASSEMBLY THIRD READING
AB
863 (Dodd)
As Amended March 26, 2015
Majority vote
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|Committee |Votes |Ayes |Noes |
| | | | |
| | | | |
|----------------+------+---------------------+---------------------|
|Transportation |14-0 |Frazier, Achadjian, | |
| | |Baker, Bloom, | |
| | |Campos, Chu, Daly, | |
| | |Dodd, Eduardo | |
| | |Garcia, Kim, Linder, | |
| | |Medina, Melendez, | |
| | |Nazarian | |
| | | | |
| | | | |
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SUMMARY: Makes several changes to emergency exit requirements for
modified limousines. Specifically, this bill:
1)Clarifies that existing modified limousines in operation prior
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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
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 10 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.
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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.
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. This bill is keyed non-fiscal by the
Legislative Counsel.
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.
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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
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 corrections resulting from the
unintentional changes enacted under SB 611. Specifically, this
bill removes the emergency door requirement for existing modified
limousines currently in operation and keeps both emergency door
and window requirements for limousines manufactured or modified
after July 1, 2015. 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.
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Analysis Prepared by:
Manny Leon / TRANS. / (916) 319-2093 FN: 0000099