BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 863|
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THIRD READING
Bill No: AB 863
Author: Dodd (D), et al.
Amended: 3/26/15 in Assembly
Vote: 21
SENATE TRANS. & HOUSING COMMITTEE: 10-0, 6/9/15
AYES: Beall, Cannella, Bates, Gaines, Galgiani, Leyva,
McGuire, Mendoza, Roth, Wieckowski
NO VOTE RECORDED: Allen
ASSEMBLY FLOOR: 77-0, 4/16/15 See last page for vote
SUBJECT: Modified limousines: passenger safety
SOURCE: Author
DIGEST: This bill delays until January 1, 2017, the
requirement that modified, or "stretch," limousines have at
least two pop-out rear windows. This bill 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:
Existing law:
1)Requires that modified limousines shall, by July 1, 2015, have
at least one side door located near the driver's compartment
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Page 2
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.
2)Delays the effective date of the push-out window retrofit
requirements by one year for limousines that were modified
before January 1, 2015.
Background
On May 4, 2013, a limousine carrying nine passengers caught fire
while traveling on the San Mateo-Hayward Bridge over the San
Francisco Bay. 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
California Highway Patrol ruled the fire an accident, though the
California Public Utilities Commission (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 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
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1970 that were licensed with the CPUC are exempted from the door
and exit window requirements.
Comments
Purpose of the bill. Regulations implementing the requirements
for push-out windows are expected in July 2015. These
regulations will detail the acceptable placement and operating
characteristics of the passenger door and exit window
requirements of the statute. Existing 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.
Correcting an error. The requirement that all modified
limousines be equipped with at least one door at the rear of the
passenger compartment and one door at the front is the result of
a drafting error which revised the original legislation. That
legislation required those locations for doors only on recently
modified limousines. The bill corrects that error by returning
the language to that contained in the original legislation.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:NoLocal: No
SUPPORT: (Verified6/11/15)
Greater California Livery Association
Sonoma Sterling Limousines, Inc.
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Page 4
OPPOSITION: (Verified6/11/15)
None received
ASSEMBLY FLOOR: 77-0, 4/16/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,
Bonilla, Bonta, Brough, Brown, Calderon, Campos, Chang, Chau,
Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly,
Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina
Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,
Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,
Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder,
Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,
Melendez, Mullin, Nazarian, Obernolte, Olsen, Patterson,
Perea, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,
Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,
Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Burke, O'Donnell, Quirk
Prepared by:Randy Chinn / T. & H. / (916) 651-4121
6/12/15 15:21:54
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