BILL NUMBER: SB 247 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 8, 2016
AMENDED IN ASSEMBLY MAY 26, 2016
AMENDED IN SENATE JANUARY 26, 2016
AMENDED IN SENATE JANUARY 4, 2016
AMENDED IN SENATE JULY 16, 2015
AMENDED IN SENATE APRIL 7, 2015
INTRODUCED BY Senator Lara
FEBRUARY 18, 2015
An act to add Section 34505.8 to, and to add Article 3.6
(commencing with Section 27425) to Chapter 5 of Division 12 of, the
Vehicle Code, relating to transportation safety.
LEGISLATIVE COUNSEL'S DIGEST
SB 247, as amended, Lara. Charter bus transportation: safety
improvements.
The Passenger Charter-party Carriers' Act imposes various
requirements on charter-party carriers of passengers, and provides
for the safety regulation of charter-party carriers of passengers
engaged in charter bus transportation, as defined, by the Public
Utilities Commission.
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.
This bill, in addition to the above-referenced act, 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
equipped, by July 1, 2019, with specified safety
equipment. The bill would also require those vehicles manufactured
after July 1, 2017, 2020, to be
equipped with a secondary door for use as an additional emergency
exit. exit and other designated safety
equipment. The bill would require the department to adopt, no
later than July 1, 2017, standards and criteria for the
implementation of these equipment and safety requirements. The bill
would also make related findings and declarations.
Because a violation of these provisions would be an infraction,
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.
SEC. 2. Article 3.6 (commencing with Section 27425) is added to
Chapter 5 of Division 12 of the Vehicle Code, to read:
Article 3.6. Charter-Party Carrier Safety Equipment
27425. (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:
interior and exterior luminescent or retroreflective
emergency signage by July 1, 2019.
(1) Emergency lighting fixtures with self-contained, independent
power sources that will turn on in the event of an impact or
collision.
(2) Interior and exterior luminescent or retroreflective emergency
signage.
(3) 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, 2020 shall also be
equipped with a secondary door for use as an additional
emergency exit. all of the following:
(1) A secondary door for use as an additional emergency exit.
(2) Windows that can be easily opened and remain open during an
emergency.
(3) Emergency lighting fixtures that will turn on in the event of
an impact or collision.
(c) A vehicle as specified in subdivision (a) shall at all times
meet applicable federal motor vehicle safety standards (FMVSS) issued
by the United States Department of Transportation. This section
shall not be construed to conflict with those standards.
27426. 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.
27427. 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).
SEC. 3. Section 34505.8 is added to the Vehicle Code, to read:
34505.8. (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).
SEC. 4. 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.