BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON PUBLIC SAFETY
                             Senator Loni Hancock, Chair
                                2015 - 2016  Regular 

          Bill No:    AB 2687       Hearing Date:    June 28, 2016    
          
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          |Author:    |Achadjian                                            |
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          |Version:   |May 27, 2016                                         |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|MK                                                   |
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             Subject:  Vehicles:  Passenger for Hire:  Driving Under the  
 
                                      Influence



          HISTORY

          Source:   California District Attorneys Association

          Prior Legislation:None

          Support:  Alcohol Justice; California Alcohol Policy Alliance;  
                    California Council on Alcohol Problems; California  
                    Sheriffs' Association; Peace Officers Research  
                    Association of California

          Opposition:California Attorneys for Criminal Justice; California  
                    Public Defenders Association; Legal Services for  
                    Prisoners with Children

          Assembly Floor Vote:                 79 - 0


          PURPOSE
          
          The purpose of this bill is to make it unlawful for a person  
          driving a motor vehicle with a blood alcohol level of 0.04% or  
          more when a passenger for hire is in his or her vehicle. 







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          Existing law provides it is unlawful for any person who is under  
          the influence of any alcoholic beverage or drug, or under the  
          combined influence of any alcoholic beverage and drug, to drive  
          a vehicle.  (Vehicle Code § 23152(a).)  

           Existing law provides that it is unlawful for any person, while  
          having 0.08 percent or more, by weight, of alcohol in his or her  
          blood to drive a vehicle.  (Vehicle Code § 23152(b).)

          Existing law provides that 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. (Vehicle Code § 23152  
          (b).) 

          Existing law provides that t is unlawful for a person who is  
          addicted to the use of any drug to drive a vehicle. (Vehicle  
          Code § 23152 (c).) 

          Existing law provides 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 commercial motor vehicle, as defined in Section  
          15210. (Vehicle Code § 23152 (d).) 

          Existing law, 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. (Vehicle Code, § 23152 (d).) 

          Existing law provides that it is unlawful for a person who is  
          under the influence of any drug to drive a vehicle. (Vehicle  
          Code, § 23152 (e).) 

          Existing law provides that it is unlawful for a person who is  
          under the combined influence of any alcoholic beverage and drug  
          to drive a vehicle. (Vehicle Code, § 23152 (f).) 

          Existing law 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; (Vehicle Code, § 15278  
          (a)(1).) 

          Existing law provides that 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; (Vehicle Code, § 15278 (a)(2).) 

          Existing law 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." (Public Utilities Code § 5360.)

          This bill would make it unlawful for a person who has 0.04% 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.

          This bill would make it unlawful have a 0.04% or more, by weight  
          of alcohol in his or her blood and o cause an injury to a  
          passenger when driving a motor vehicle when a passenger for hire  
          is a passenger in the vehicle at the time of the offense.

          This bill defines "passenger for hire" as a passenger for whom  
          consideration is contributed or expected as a condition of  
          carriage in the vehicle.

          This bill has a delayed implementation date of January 1, 2018.

                    RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION

          For the past several years this Committee has scrutinized  
          legislation referred to its jurisdiction for any potential  
          impact on prison overcrowding.  Mindful of the United States  
          Supreme Court ruling and federal court orders relating to the  
          state's ability to provide a constitutional level of health care  
          to its inmate population and the related issue of prison  
          overcrowding, this Committee has applied its "ROCA" policy as a  
          content-neutral, provisional measure necessary to ensure that  
          the Legislature does not erode progress in reducing prison  
          overcrowding.   









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          On February 10, 2014, the federal court ordered California to  
          reduce its in-state adult institution population to 137.5% of  
          design capacity by February 28, 2016, as follows:  
           

                 143% of design bed capacity by June 30, 2014;
                 141.5% of design bed capacity by February 28, 2015; and,
                 137.5% of design bed capacity by February 28, 2016. 

          In December of 2015 the administration reported that as "of  
          December 9, 2015, 112,510 inmates were housed in the State's 34  
          adult institutions, which amounts to 136.0% of design bed  
          capacity, and 5,264 inmates were housed in out-of-state  
          facilities.  The current population is 1,212 inmates below the  
          final court-ordered population benchmark of 137.5% of design bed  
          capacity, and has been under that benchmark since February  
          2015."  (Defendants' December 2015 Status Report in Response to  
          February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge  
          Court, Coleman v. Brown, Plata v. Brown (fn. omitted).)  One  
          year ago, 115,826 inmates were housed in the State's 34 adult  
          institutions, which amounted to 140.0% of design bed capacity,  
          and 8,864 inmates were housed in out-of-state facilities.   
          (Defendants' December 2014 Status Report in Response to February  
          10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman  
          v. Brown, Plata v. Brown (fn. omitted).)  
           
          While significant gains have been made in reducing the prison  
          population, the state must stabilize these advances and  
          demonstrate to the federal court that California has in place  
          the "durable solution" to prison overcrowding "consistently  
          demanded" by the court.  (Opinion Re: Order Granting in Part and  
          Denying in Part Defendants' Request For Extension of December  
          31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court,  
          Coleman v. Brown, Plata v. Brown (2-10-14).  The Committee's  
          consideration of bills that may impact the prison population  
          therefore will be informed by the following questions:

              Whether a proposal erodes a measure which has contributed  
               to reducing the prison population;
              Whether a proposal addresses a major area of public safety  
               or criminal activity for which there is no other  
               reasonable, appropriate remedy;
              Whether a proposal addresses a crime which is directly  
               dangerous to the physical safety of others for which there  








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               is no other reasonably appropriate sanction; 
              Whether a proposal corrects a constitutional problem or  
               legislative drafting error; and
              Whether a proposal proposes penalties which are  
               proportionate, and cannot be achieved through any other  
               reasonably appropriate remedy.

          COMMENTS
          
          1. Need for This Bill
          
          According to the author:

               This bill seeks to conform current laws governing  
               commercial drivers with the laws governing passenger  
               for hire vehicles.  Current law states that the driver  
               of a passenger for hire vehicle may legally have a BAC  
               of .08 or less whereas a commercial driver must have a  
               BAC of less than .04.  AB 2687 would ensure that the  
               drivers of passenger for hire vehicles are held to the  
               strictest standard.




          2.  Types of Licenses


          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 noncommercial 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  








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          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; (Vehicle Code, § 15278 (a)(2).) 


             b.   A double trailer; (Vehicle Code, § 15278(a)(1).)


             c.   A school bus; (Vehicle Code, § 15278(a)(3).) 


             d.   A tank vehicle; or (Vehicle Code, § 15278(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. 








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          4.  DUI Standards for Commercial Vehicles v. Taxis or Ride  
          Sharing 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 includes 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.


          Commercial vehicles do include passenger transportation vehicle  
          when designed, used, or maintained to carry more than 10 persons  
          including the driver. (Vehicle Code, § 15278, subd. (a)(2). Such  
          vehicles includes 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 drivers of commercial vehicles is also  
          consistent with the increased regulations that are placed on  
          commercial drivers generally. Taxi drivers and drivers for hire,  
          such as Uber, are providing a commercial service to the public.  
          The government applies 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. Is a lower BAC limit for drivers of  
          passengers for hire consistent with those regulatory goals?  








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          5.  Support


          The sponsor of this bill, the California District Attorneys  
          Association notes:


               Currently, Vehicle Code section 223152(d) places the  
               legal blood alcohol limit at 0.04% 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 or 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.

          6.  Opposition
          
          The California Public Defenders Association opposes this  
          bill stating:

               V.C. 23152 prohibits driving under the influence or  
               driving with a blood alcohol level of .08% or higher. A  
               few years ago, a new subdivision was added to also make  
               it a violation of the DUI statute, and punishable to  
               the same extent, to drive a commercial vehicle with a  
               blood alcohol level of .04, even though the driving  
               ability of most individuals is not impaired at .04 BA.   
               The justification was that commercial vehicles are very  
               large, or carry hazardous materials, or involve the  








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               transportation of numerous passengers such as school  
               busses, or public or commercial busses, and therefore  
               the hazard to the public is multiplied to the extent  
               that greater margin for safety should be employed to  
               make it even less likely that drivers of such vehicles  
               MIGHT be impaired. The same standard applies to VC  
               23153, drunk driving with injury in a commercial  
               vehicle.

               This bill would expand this subdivision to include not  
               only commercial drivers, but anyone 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 original rationale for 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 a date who expects "consideration" for driving  
               the other person during the date.



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