BILL ANALYSIS Ó SENATE COMMITTEE ON TRANSPORTATION AND HOUSING Senator Jim Beall, Chair 2015 - 2016 Regular Bill No: AB 863 Hearing Date: 6/9/2015 ----------------------------------------------------------------- |Author: |Dodd | |----------+------------------------------------------------------| |Version: |3/26/2015 | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |No | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant|Randy Chinn | |: | | ----------------------------------------------------------------- SUBJECT: Modified limousines: passenger safety DIGEST: This bill: 1)Delays until January 1, 2017 the requirement that modified, or "stretch," limousines have at least two pop-out rear windows. 2)Replaces the requirement that all modified limousines have at least one side door located near the driver's compartment and another located near the back of the vehicle by July 1, 2015 with a requirement for those door locations for all limousines that are modified on or after July 1, 2015. ANALYSIS: On May 4, 2013, a limousine caught fire while traveling on the San Mateo-Hayward Bridge over the San Francisco Bay. That limousine was carrying nine passengers. Because the fire occurred at the rear of the vehicle, access to the passenger doors was blocked, trapping the passengers inside. The only way to escape was to climb through the partition window separating the passenger compartment from the driver. The driver escaped unharmed and four of the passengers escaped through the driver's partition. The five other passengers died in the blaze. In August 2013 the CHP ruled the fire an accident, though the CPUC fined the limousine operator $20,000, of which $10,000 was stayed, for failing to maintain its vehicles in a safe operating condition, among other violations. On June 9, 2013, another limousine caught fire. Fortunately, this limousine was idling AB 863 (Dodd) Page 2 of ? and the fire started in the driver's compartment, allowing all 10 passengers to safely exit from the rear doors. In response, the Legislature passed SB 109 (Corbett, Chapter 752, Statutes of 2013) which required additional passenger exits. Specifically, all modified, or "stretch," limousines must have at least two rear doors and two push-out exit windows. Any limousines modified prior to July 1, 2015 have until January 1, 2016 to comply with these provisions. For limousines modified on or after July 1, 2015, one rear door shall be located near the driver's compartment and the other near the back of the vehicle. Limousines manufactured prior to 1970 that were licensed with the California Public Utilities Commission are exempted from the door and exit window requirements. In addition, the Legislature passed SB 611 (Hill, Chapter 680, Statutes of 2014) which added additional limousine inspection requirements. That bill also inadvertently revised and expanded to all stretch limousines the requirement that the rear doors be spaced so that one was toward the rear and the other towards the front. Existing law: 1) Requires that modified limousines shall, by July 1, 2015, have at least one side door located near the driver's compartment and another near the back of the vehicle. 2)Requires most limousines to have push-out windows, as specified, by January 1, 2016. This bill: 1)Limits the requirement that the rear doors be spaced apart to those limousines that were modified on or after July 1, 2015, as was originally required in SB 109. 2)Delays the effective date of the push-out window retrofit requirements by one year for limousines that were modified before January 1, 2015. COMMENTS: Purpose of the bill. Regulations implementing the requirements of SB 109 are expected in July 2015. These regulations are AB 863 (Dodd) Page 3 of ? expected to detail the acceptable placement and operating characteristics of the passenger door and exit window requirements of the statute. Current law requires the retrofitting to be completed by January 1, 2016, which the author believes is insufficient time for the limousine industry to analyze and implement the regulations throughout their fleets. Extending the deadline by one year will give the industry needed time to comply. The risk. By delaying the exit window retrofit requirements by one year, this bill allows for the continued operation of the type of limousine that was at the center of the two 2013 fires. This risk does not appear to be great as the CPUC notes that there have been no reportable limousine fires since then. However, an internet search showed that a stretch limousine without passengers caught fire and was destroyed on July 25, 2014, in Vallejo. Related Legislation: SB 109 (Corbett, Chapter 752, Statutes of 2013) - Establishes exit requirements for limousines. SB 611 (Hill, Chapter 680, Statutes of 2014) - Establishes a limousine inspection program and safety requirements. Assembly Votes: Floor:77-0 Trans:14-0 FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No POSITIONS: (Communicated to the committee before noon on Wednesday, June 3, 2015.) SUPPORT: Greater California Livery Association Sonoma Sterling Limousines, Inc. OPPOSITION: AB 863 (Dodd) Page 4 of ? None received -- END --