BILL ANALYSIS Ó
AB 863
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CONCURRENCE IN SENATE AMENDMENTS
AB
863 (Dodd)
As Amended July 8, 2015
Majority vote
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|ASSEMBLY: | 77-0 | (April 16, |SENATE: |37-0 | (August 27, |
| | |2015) | | |2015) |
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Original Committee Reference: TRANS.
SUMMARY: Makes several changes to emergency exit requirements
for modified limousines.
The Senate amendments:
1)Extend the implementation date for the California Highway
Patrol's (CHP) limousine inspection program to July 1, 2017.
2)Make technical conforming changes.
EXISTING LAW:
1)Establishes the "Passenger Charter-Party Carriers Act," which
directs the state Public Utilities Commission (PUC) to issue
permits or certificates to carriers, investigate complaints
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against carriers, and cancel, revoke, or suspend permits and
certificates for specific violations.
2)Defines "charter-party carrier of passengers" as every person
engaged in the transportation of persons by motor vehicle for
compensation, whether in common or contract carriage, over any
public highway in the state and includes any person,
corporation, or other entity engaged in the provision of a
hired driver service when a rented motor vehicle is being
operated by a hired driver.
3)Defines a limousine as any sedan or sport utility vehicle,
either standard or extended length, with a seating capacity of
not more than 10 passengers including the driver, that is used
in the transportation of passengers for hire on a prearranged
basis.
4)Defines a modified limousine as any vehicle that has been
modified, altered, or extended in a manner that increases the
overall wheelbase of the vehicle, as specified, in any amount
sufficient to accommodate additional passengers with a seating
capacity of not more than 10 passengers including the driver,
and is used in the transportation of passengers for hire.
5)Requires modified limousines, as defined, to have at least two
push out windows or one rooftop push out window if specific
conditions are met, and at least two rear side doors with at
least one side door located near the driver's compartment, as
specified.
6)Provides phased in implementation dates of the abovementioned
requirements for new and existing modified limousines, as
specified.
7)Prohibits a dealer from selling or offering for sale a vehicle
that does not conform to federal vehicle safety standards.
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Additionally, prohibits a person from selling or offering for
sale for use upon a vehicle an item of equipment that does not
conform to federal vehicle safety standards.
8)Prohibits, at the federal level, states from imposing vehicle
equipment standards that are inconsistent with or conflict
with any related federal standard.
AS PASSED BY THE ASSEMBLY, this bill:
1)Clarified that existing modified limousines in operation prior
to July 1, 2015, are subject to push-out window requirements,
as specified.
2)Extended the implementation date of the abovementioned
requirement to January 1, 2017.
3)Made technical, non-substantive changes.
FISCAL EFFECT: According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS: On May 4, 2013, a limousine fire occurred on the San
Mateo-Hayward bridge killing five passengers who were unable to
escape the vehicle. Several of the other passengers were able
to exit the limousine only after climbing through the partition
window separating the passengers from the driver. Approximately
one month later, on June 9, 2013, nine passengers successfully
exited a limousine in Walnut Creek prior to the vehicle catching
fire while idling.
In response to these incidents, several bills were introduced to
provide additional safeguards and safety measures to the
limousine industry. SB 109 (Corbett), Chapter 752, Statutes of
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2013, included a number of safety requirements for modified
limousines, including emergency pop out windows and specific
door requirements. That same year, SB 338 (Hill) of 2013, would
have required modified limousines to be equipped with two fire
extinguishers and directed the California Highway Patrol (CHP)
to develop and implement a limousine inspection program. The
Governor ultimately vetoed SB 338 and requested the Legislature
to send him similar legislation with a provision authorizing CHP
to charge a fee for the actual cost to perform the inspections.
In response, SB 611 (Hill), Chapter 860, Statutes of 2014, was
introduced and ultimately enacted, which, in addition to
establishing a limousine inspection program, made a number of
other changes including providing clarification on the types of
vehicles that are considered modified limousines and subject to
CHP inspection. Consequentially, by making these clarifying
changes, SB 611 unintentionally changed the emergency window and
door requirements specified under SB 109.
This bill intends to make corrections resulting from the
unintentional changes enacted under SB 611. Specifically, this
bill removes the emergency door requirement for existing
modified limousines currently in operation and keeps both
emergency door and window requirements for limousines
manufactured or modified after July 1, 2015. The author asserts
that this bill will correct previous inadvertent drafting errors
and bring existing law in line with the intent of the original
legislation. Additionally, in order to ensure existing modified
limousines currently in operation have sufficient time to meet
the emergency window requirements, this bill also extends the
implementation date to January 1, 2017. Lastly, this bill was
amended in the Senate to extend the implementation date of CHP's
limousine inspection program by one year, from July 1, 2016, to
July 1, 2017.
Analysis Prepared by:
Manny Leon / TRANS. / (916) 319-2093 FN:
0001350
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