Amended in Senate January 4, 2016

Amended in Senate July 16, 2015

Amended in Senate April 7, 2015

Senate Bill No. 247

Introduced by Senator Lara

February 18, 2015

An act to add Section 5384.3 to the Public Utilities Code, relating to transportation.

LEGISLATIVE COUNSEL’S DIGEST

SB 247, as amended, Lara. Charter bus transportation: safety improvements.

The Passenger Charter-party Carriers’ Act, with certain exceptions, prohibits a charter-party carrier of passengers from engaging in transportation services subject to regulation by the Public Utilities Commission without obtaining a specified certificate or permit, as appropriate, from the commission, and imposes various other requirements on charter-party carriers of passengers. The act provides for the safety regulation of charter-party carriers of passengers engaged in charter bus transportation by the commission. A violation of the act is a crime.

This bill would require a charter-party carrier of passengers engaged in charter bus transportation to ensure that the driver of a charter bus begin delete performs 2 specified tasks prior to any trip that include, among other things, end delete begin insert provides oral and written end insert instructions to all passengers on the safety equipment and emergency exits on the begin delete vehicle. end delete begin insert vehicle prior to the beginning of any trip and that the charter bus is equipped with specified safety equipment. end insert begin insert The bill would also require those vehicles manufactured after July 1, 2017, to be equipped with a secondary door for use as an additional emergency exit. The bill would require the Department of the California Highway Patrol to adopt, no later than July 1, 2017, standards and criteria for the implementation of these safety requirements. end insert The bill would also make begin insert related end insert findings and begin delete declarations and declare the intent of the Legislature to enact specified legislation to require safety improvements on charter buses. end delete begin insert declarations. end insert

Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

The Legislature finds and declares all of the
following:

(a) The safety of passengers traveling in charter buses in
California is of the utmost importance. According to the Federal
Motor Carrier Safety Administration, between 1975 and begin delete 2012, end delete
begin insert 2013, end insert there were over 11,000 fatal crashes involving charter buses,
including begin delete 1,567 end delete begin insert 1,615 end insert occupant fatalities. Improved safety
standards and practices are necessary to better protect passengers
in the event of a charter bus crash.

(b) On April 10, 2014, in begin delete Orland end delete begin insert Orland, end insert California, eight
passengers traveling on a charter bus, along with the driver, were
tragically killed in a freeway collision. In a report released in 2015,
the National Transportation Safety Board examined the crash and
made recommendations for safety improvements, including fire
performance standards for interior materials, requiring pretrip
safety briefings for passengers, improvements in vehicle design
to facilitate evacuation, and the installation of event data recorder
(EDR) technology for crash reconstruction and safety
improvements.

(c) These improvements would significantly increase passenger
safety and would reduce or prevent future deaths in traffic
collisions involving charter buses.

begin delete

SEC. 2.  

It is the intent of the Legislature to enact legislation
that would require charter buses to implement all of the following
safety improvements:

(a) Burn resistant materials for occupant compartments.

(b) Emergency lighting fixtures with self-contained independent
power sources that will turn on in the event of an accident.

(c) Interior and exterior luminescent or retro-reflective
emergency signage.

(d) An event data recorder capable of recording certain
vehicle-related data in the event of sudden deceleration or hard
braking.

(e) Bus windows that can be easily opened and remain open
during an emergency.

(f) That new buses be equipped with a secondary door for use
as an additional emergency exit.

end delete

begin delete SEC. 3. end delete
begin insert SEC. 2. end insert   

Section 5384.3 is added to the Public Utilities Code,
to read:

5384.3.  

begin insert (a) end insert begin insert   end insert A charter-party carrier of passengers engaged in
charter bus transportation shall ensure that begin delete the driver of end delete a vehicle
begin insert as end insert described in paragraph (1) of subdivision (b) of Section 5363
begin delete performs both of the following tasks prior to any trip: end delete begin insert is operated
in compliance with both of the following: end insert

begin delete

(a) Instructs

end delete

begin insert (1) end insert begin insert   end insert begin insert The driver of the vehicle shall instruct end insert all passengers on the
safety equipment and emergency exits on the begin delete vehicle. end delete begin insert vehicle prior
to the beginning of any trip and provide each passenger with
written instructions that include, at a minimum, a demonstration
of the location and operation of all exits, including emergency
exits, and the importance of wearing a seatbelt, if available. end insert

begin delete

(b) Provides each passenger with written instructions that
include, at a minimum, the location and operation of all exits,
including emergency exits, and the importance of wearing a
seatbelt, if available.

end delete begin insert

(2) The vehicle shall be equipped with all of the following:

end insert begin insert

(A) Burn resistant materials for occupant compartments.

end insert begin insert

(B) Emergency lighting fixtures with self-contained independent
power sources that will turn on in the event of an impact or
collision.

end insert begin insert

(C) Interior and exterior luminescent or retroreflective
emergency signage.

end insert begin insert

(D) An event data recorder capable of recording certain
vehicle-related data in the event of sudden deceleration or hard
braking.

end insert begin insert

(E) Windows that can be easily opened and remain open during
an emergency.

end insert begin insert

(b) A vehicle as specified in subdivision (a), manufactured on
or after July 1, 2017, shall also be equipped with a secondary door
for use as an additional emergency exit.

end insert begin insert

(c) The Department of the California Highway Patrol shall
adopt, no later than July 1, 2017, standards and criteria for the
implementation of the safety requirements specified in paragraph
(2) of subdivision (a).

end insert

begin delete SEC. 4. end delete
begin insert SEC. 3. end insert   

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.