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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