BILL ANALYSIS Ó
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 863|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
THIRD READING
Bill No: AB 863
Author: Dodd (D), et al.
Amended: 7/8/15 in Senate
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
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
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 also 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.
Senate Floor Amendments of 7/8/15 extend the deadline for the
California Highway Patrol (CHP) to implement a program to
conduct safety inspections of modified limousine terminals.
ANALYSIS:
AB 863
Page 2
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 (Corbett, Chapter 752,
Statutes of 2013).
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 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
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, 2013),
which required additional passenger exits. Specifically, all
modified, or "stretch," limousines must have at least two rear
AB 863
Page 3
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 CPUC 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.
Comments
Purpose of the bill. Regulations implementing the requirements
of SB 109 were 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.
CHP extension. This extension is necessary to give CHP time to
determine the scope of companies utilizing modified limousines
and design the inspection program accordingly.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
AB 863
Page 4
SUPPORT: (Verified8/19/15)
Greater California Livery Association
Sonoma Sterling Limousines, Inc.
OPPOSITION: (Verified8/19/15)
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., Christine Hochmuth / T. & H.
/ (916) 651-4121
8/19/15 20:42:51
**** END ****