Amended in Senate January 26, 2016

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 begin delete 5384.3 to the Public Utilities end delete begin insert 34505.8 to, and to add Article 3.6 (commencing with Section 27425) to Chapter 5 of Division 12 of, the Vehicle end insert Code, relating to begin delete transportation. end delete begin insert transportation safety. end insert

LEGISLATIVE COUNSEL’S DIGEST

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

The Passenger Charter-party Carriers’ begin delete 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 end delete begin insert Act imposes various end insert requirements on charter-party carriers of begin delete passengers. The act end delete begin insert passengers, and end insert provides for the safety regulation of charter-party carriers of passengers engaged in charter bus begin delete transportation end delete begin insert transportation, as defined, end insert by the begin delete commission. A violation of the act is a crime. end delete begin insert Public Utilities Commission. end insert

begin insert

Under existing law, the Department of the California Highway Patrol is responsible for specified vehicle safety and equipment regulation. Unless otherwise specified, a violation of these vehicle safety and equipment provisions is an infraction.

end insert

This begin delete bill end delete begin insert bill, in addition to the above-referenced act, end insert would require a charter-party carrier of passengers engaged in charter bus transportation to ensure that the driver of a charter bus provides oral and written instructions to all passengers on the safety equipment and emergency exits on the vehicle prior to the beginning of any trip and that the charter bus is equipped with specified safety equipment. 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 begin delete Department of the California Highway Patrol end delete begin insert department end insert to adopt, no later than July 1, 2017, standards and criteria for the implementation of these begin insert equipment and end insert safety requirements. The bill would also make related findings and declarations.

Because a violation of these provisions would be begin delete a crime, end delete begin insert an infraction, end insert 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 2013,
there were over 11,000 fatal crashes involving charter buses,
including 1,615 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 Orland, 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 insert

begin insert SEC. 2. end insert   

end insert

begin insert Article 3.6 (commencing with Section 27425) is added
to Chapter 5 of Division 12 of the end insert begin insert Vehicle Code end insert begin insert , to read: end insert

begin insert

 

Article begin insert 3.6. end insert   Charter-Party Carrier Safety Equipment

 

begin insert 27425. end insert   

(a) A charter-party carrier of passengers engaged in
charter bus transportation shall ensure that a vehicle as described
in paragraph (1) of subdivision (b) of Section 5363 of the Public
Utilities Code is equipped with all of the following:

(1) Burn-resistant materials for occupant compartments.

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

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

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

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

(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.

begin insert 27426. end insert   

The department shall adopt, no later than July 1, 2017,
standards and criteria for the implementation of the safety
equipment requirements specified in Section 27425.

begin insert 27427. end insert   

This act does not alter or affect the requirements of the
Passenger Charter-party Carriers’ Act (Chapter 8 (commencing
with Section 5351) of Division 2 of the Public Utilities Code).

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 34505.8 is added to the end insert begin insert Vehicle Code end insert begin insert , to read: end insert

begin insert

begin insert 34505.8. end insert   

(a) A charter-party carrier of passengers engaged
in charter bus transportation shall ensure that the driver of a
vehicle as described in paragraph (1) of subdivision (b) of Section
5363 of the Public Utilities Code shall instruct all passengers on
the safety equipment and emergency exits on the 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.

(b) Notwithstanding any other law, the department shall adopt,
no later than July 1, 2017, standards and criteria for the
implementation of the safety requirements specified in this section.

(c) This section does not alter or affect the requirements of the
Passenger Charter-party Carriers’ Act (Chapter 8 (commencing
with Section 5351) of Division 2 of the Public Utilities Code).

end insert

begin delete

SEC. 2.  

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

5384.3.  

(a) A charter-party carrier of passengers engaged in
charter bus transportation shall ensure that a vehicle as described
in paragraph (1) of subdivision (b) of Section 5363 is operated in
compliance with both of the following:

(1) The driver of the vehicle shall instruct all passengers on the
safety equipment and emergency exits on the 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.

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

(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 impact or
collision.

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

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

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

(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.

(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 delete

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