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
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          |Author:   |Dodd                                                  |
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          |Version:  |3/26/2015                                             |
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          |Urgency:  |No                     |Fiscal:      |No              |
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          |Consultant|Randy Chinn                                           |
          |:         |                                                      |
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          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  







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          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  








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          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:








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          None received
          
          
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