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
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
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