BILL ANALYSIS Ó
AB 2687
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Date of Hearing: April 19, 2016
Counsel: David Billingsley
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
AB
2687 (Achadjian) - As Introduced February 19, 2016
As Proposed to be Amended in Committee
SUMMARY: Conforms prohibitions and punishments for drivers that
have passengers for hire when they commit specified offenses
related to Driving Under the Influence (DUI) to ensure
consistent treatment with commercial drivers. Specifically,
this bill:
1)Makes it unlawful for a person who has 0.04 percent or more,
by weight, of alcohol in his or her blood to drive a motor
vehicle when a passenger for hire, is a passenger in the
vehicle at the time of the offense.
2)Specifies that it is unlawful for a person who has 0.04
percent or more, by weight, of alcohol in his or her blood to
drive a motor vehicle, as specified, and concurrently do any
act or neglect any duty that proximately causes bodily injury
to another person other than the driver.
3)Defines "passenger for hire" as "a passenger for whom
consideration is contributed or expected as a condition of
carriage in the vehicle, whether directly or indirectly
flowing to the owner, operator, agent, or any other person
having an interest in the vehicle."
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EXISTING LAW:
1)It is unlawful for a person who is under the influence of any
alcoholic beverage to drive a vehicle. (Veh. Code, § 23152,
subd. (a).)
2)It is unlawful for a person who has 0.08 percent or more, by
weight, of alcohol in his or her blood to drive a vehicle.
(Veh. Code, § 23152, subd. (b).)
3)In any prosecution under this subdivision, it is a rebuttable
presumption that the person had 0.08 percent or more, by
weight, of alcohol in his or her blood at the time of driving
the vehicle if the person had 0.08 percent or more, by weight,
of alcohol in his or her blood at the time of the performance
of a chemical test within three hours after the driving. (Veh.
Code, § 23152, subd. (b).)
4)It is unlawful for a person who is addicted to the use of any
drug to drive a vehicle. (Veh. Code, § 23152, subd. (c).)
5)It is unlawful for a person who has 0.04 percent or more, by
weight, of alcohol in his or her blood to drive a commercial
motor vehicle, as defined in Section 15210. (Veh. Code, §
23152, subd. (d).)
6)In any prosecution under this subdivision, it is a rebuttable
presumption that the person had 0.04 percent or more, by
weight, of alcohol in his or her blood at the time of driving
the vehicle if the person had 0.04 percent or more, by weight,
of alcohol in his or her blood at the time of the performance
of a chemical test within three hours after the driving. (Veh.
Code, § 23152, subd. (d).)
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7)It is unlawful for a person who is under the influence of any
drug to drive a vehicle. (Veh. Code, § 23152, subd. (e).)
8)It is unlawful for a person who is under the combined
influence of any alcoholic beverage and drug to drive a
vehicle. (Veh. Code, § 23152, subd. (f).)
9)If any person is convicted of a violation of Vehicle Code
Section 23152, and a minor under 14 years of age was a
passenger in the vehicle at the time of the offense, the court
shall impose the following penalties in addition to any other
penalty prescribed:
a) If the person is convicted of a violation of Section
23152 punishable under Section 23536, the punishment shall
be enhanced by an imprisonment of 48 continuous hours in
the county jail, whether or not probation is granted, no
part of which shall be stayed. (Veh. Code, § 23572, subd.
(a)(1).);
b) If a person is convicted of a violation of Section 23152
punishable under Section 23540, the punishment shall be
enhanced by an imprisonment of 10 days in the county jail,
whether or not probation is granted, no part of which may
be stayed. (Veh. Code, § 23572, subd. (a)(2).)
c) If a person is convicted of a violation of Section 23152
punishable under Section 23546, the punishment shall be
enhanced by an imprisonment of 30 days in the county jail,
whether or not probation is granted, no part of which may
be stayed. (Veh. Code, § 23572, subd. (a)(3).)
d) If a person is convicted of a violation of Section 23152
which is punished as a misdemeanor under Section 23550, the
punishment shall be enhanced by an imprisonment of 90 days
in the county jail, whether or not probation is granted, no
part of which may be stayed. (Veh. Code, § 23572, subd.
(a)(4).)
10)Defines "commercial motor vehicle" as "any vehicle or
combination of vehicles that requires a class A or class B
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license, or a class C license with an endorsement issued for
the following vehicles:
a) A double trailer; (Veh. Code, § 15278, subd. (a)(1).)
b) A passenger transportation vehicle, which includes, but
is not limited to, a bus, farm labor vehicle, or general
public paratransit vehicle when designed, used, or
maintained to carry more than 10 persons including the
driver; (Veh. Code, § 15278, subd. (a)(2).)
c) A schoolbus. (Veh. Code, § 15278, subd. (a)(3).)
d) A tank vehicle; and (Veh. Code, § 15278, subd. (a)(4).)
e) A vehicle carrying hazardous materials, as defined, that
is required to display placards pursuant to Section 27903,
unless the driver is exempt from the endorsement
requirement as specified.
11)Defines "charter party carriers of passengers" as "every
person engaged in the transportation of person by motor
vehicle for compensation, as specified, over any public
highway in the state." (Pub. Utilities Code, § 5360.)
FISCAL EFFECT: Unknown
COMMENTS:
1)Author's Statement: According to the author, "When the San
Luis Obispo County District Attorney's office was prosecuting
a case involving two passenger for hire drivers, they found
that the Blood Alcohol Content (BAC) level for passenger for
hire vehicles was inconsistent with other commercial vehicles.
Existing law states that the BAC level for commercial
vehicles, which includes public transportation such as buses,
is .04 while current law for drivers of passenger for hire
vehicles is .08. This legislation would hold the drivers of
passenger for hire vehicles to the strictest standard and
ensure passenger and pedestrian safety."
2)DMV License Classes:
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DMV issues three classes of licenses: A, B, and C. An
individual needs a specific class of license in order to
legally drive certain vehicles, or tow trailers of a certain
weight. Class A licenses allow an individual to drive the
largest and heaviest vehicle/trailers. A non-commercial class
C license is the standard license that most people have.
Commercial Class A license allows a person to drive any legal
combination of vehicles and any vehicles covered under Classes
B and C. A Commercial Class A License allows individual to
drive 18 wheel tractor trailers.
Commercial Class B license allows a person to drive a single
vehicle with gross vehicle weight rating of more than 26,000
lbs., a three axle vehicle weighing over 6,000 lbs, a bus with
endorsement, and any vehicle covered under Class C.
Commercial Class C License: Allows a person to drive a vehicle
carrying hazardous material which require placards.
Basic Class C License allows a person to drive a 2 axle vehicle
with a gross vehicle weight rating of 26,000 lbs. or less, a 3
axle vehicle weighing 6,000lbs. or less, a housecar less than
40 feet, a single vehicle with a gross vehicle weight rating
of 10,000 lbs. or less.
3)Commercial Vehicles:
Current law defines "commercial motor vehicle" as "any vehicle
or combination of vehicles that requires a class A or class B
license, or a class C license with an endorsement issued for
the following vehicles:
a) A passenger transportation vehicle, which includes, but
is not limited to, a bus, farm labor vehicle, or general
public paratransit vehicle when designed, used, or
maintained to carry more than 10 persons including the
driver; (Veh. Code, § 15278, subd. (a)(2).)
b) A double trailer; (Veh. Code, § 15278, subd. (a)(1).)
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c) A schoolbus; (Veh. Code, § 15278, subd. (a)(3).)
d) A tank vehicle; or (Veh. Code, § 15278, subd. (a)(4).)
e) A vehicle carrying hazardous materials, as defined, that
is required to display placards pursuant to Section 27903,
unless the driver is exempt from the endorsement
requirement as specified.
4)Under Current Law, Taxi Drivers and Ride Sharing Drivers Have
Different Alcohol Standards than a Drivers of Commercial
Vehicles: Under current law individuals driving "commercial
vehicles" are prohibited from driving such a vehicle with .04
or more Blood Alcohol Content (BAC), at the time of driving.
Generally, individuals are prohibited from driving if they
have .08 or more BAC. Taxi drivers and drivers for ride
sharing services (Uber, Lyft) are governed by the .08 limit.
That limit applies whether or not there are passengers in
their vehicles.
Under current law commercial vehicles include a vehicle that can
carry more than 10 people. This encompasses bus drivers and
individuals driving larger shuttles. One of the reasons the
law imposes lower alcohol limits for drivers of commercial
vehicles is that commercial vehicles are much larger vehicles
with a greater potential to cause injury and death in the
event of a collision. That particular concern is not present
with taxi drivers and ride sharing drivers, who are operating
standard size vehicles.
However, commercial vehicles do include passenger transportation
vehicle when designed, used, or maintained to carry more than
10 persons including the driver. (Veh. Code, § 15278, subd.
(a)(2). Such vehicles encompasses shuttles and larger vans
used in manners that would be consistent with the definition
in this bill of "passenger for hire." A lower limit for
driver's of commercial vehicles is also consistent with the
increased regulations that are placed on commercial driver's
generally.
Taxi drivers and drivers for hire, such as Uber, are providing a
commercial service to the public. The government applies
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different legal standards and regulatory frameworks to
commercial service providers of all varieties. Such
regulations are in place to ensure public trust and provide
consumer protections. A lower limit for drivers of passengers
for hire is consistent with those regulatory goals.
5)Proposed Amendments: The amendments proposed to be taken in
Committee delete language requiring the court to impose an
additional and consecutive term of 60 days in county jail,
when a person is convicted of having 0.04 percent or more of
alcohol in his or her blood and driving a motor vehicle with a
passenger for hire.
6)Argument in Support: According to The California District
Attorneys Association, "Currently, Vehicle Code section
23152(d) places the legal blood alcohol limit at 0.04 percent
for commercial motor vehicle drivers. Neither taxis, nor
private vehicles engaged in the commercial transport of
passengers, are considered commercial vehicles, and operators
are not required to have a commercial driver's license. Thus,
despite engaging in the business of transporting passengers,
these drivers are not held to any higher standard of behavior.
"These quasi-commercial drivers present an increased risk to
public safety when driving under the influence of alcohol or
drugs while carrying passengers for hire. Were they to be
involved in a traffic collision, it is likely that their
passengers would suffer injury in addition to any injuries
inflicted upon pedestrians or occupants of other involved
vehicles. This behavior also violates their passengers' trust
that they will be able to get their passengers safely from
point A to point B, despite the frequency with which we
encourage the use of these alternatives to drinking and
driving."
7)Argument in Opposition: According to The California Public
Defenders Association, "This bill would expand this
subdivision to include not only commercial drivers, but any
one who carries passengers for hire, such as taxi drivers, or
Uber or Lyft drivers, even though the hazard to the public is
the same as for any other passenger vehicle. Therefore, the
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original rationale for the lower BA threshold of this
subdivision is not justified.
"Moreover, the definition of 'passenger for hire' is very loose
and vague; namely, that it is 'a passenger for whom
consideration is contributed or expected as a condition of
carriage in the vehicle, whether directly or indirectly?.' As
phrased this could include a carpool, or friends that go
'barhopping' and buy the food or drinks for the driver of the
vehicle, or even a woman on a date who expects 'consideration'
for driving the other person during the date.
"If the driver is actually impaired (s)he can be convicted of
23152(a); but if (s)he isn't impaired, all this bill does is
make it easier to convict unimpaired drivers, even when they
pose no hazard, but just happen to have a .04 BA.
"If the driver causes an accident and possibly injures someone
(s)he can be convicted of reckless driving or vehicular
manslaughter, and causing the accident can itself be
considered evidence of impairment for DUI purposes.
"There are already available ways to prohibit the evil
contemplated by this bill, and all this bill does is make it
easier to convict the unimpaired."
8)Prior Legislation:
a) SB 871 (Burton), Chapter 298, Statutes of 2001, permits
any person who suffers injury that is proximately caused by
the driver of a commercial motor vehicle to recover treble
damages from the driver's employer where it is shown that
the driver of a commercial motor vehicle was under the
influence of alcohol or a controlled substance at the time
that the injury was caused and that the driver's employer
willfully failed, as defined, at the time of the injury to
comply with specified federal law requirements.
REGISTERED SUPPORT / OPPOSITION:
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Support
California District Attorneys Association (Sponsor)
California Council on Alcohol Problems.
California State Sheriffs' Association
Peace Officers Research Association of California
Opposition
California Attorneys for Criminal Justice
California Public Defenders Association
Legal Services for Prisoners with Children
Analysis Prepared
by: David Billingsley / PUB. S. / (916) 319-3744