BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 247


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          Date of Hearing:  June 13, 2016


                        ASSEMBLY COMMITTEE ON TRANSPORTATION


                                 Jim Frazier, Chair


          SB  
          247 (Lara) - As Amended June 8, 2016


          SENATE VOTE:  26-4


          SUBJECT:  Charter bus transportation:  safety improvements


          SUMMARY:  Requires a charter-party carrier of passengers engaged  
          in charter bus transportation to ensure each vehicle operated  
          for that purpose is equipped with specified safety features.   
          Specifically, this bill:  


          1)Requires each vehicle used for charter bus transportation to  
            be equipped with interior and exterior luminescent or  
            retroreflective emergency signage by July 1, 2019.


          2)Requires each vehicle used for charter bus transportation  
            manufactured after on or after 


          July 1, 2020, to be equipped with a secondary door for use as an  
            additional emergency exist, windows that can be easily opened  
            and remain open during an emergency, and emergency lighting  
            fixtures that will turn on in the event of an impact or  
            collision.








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          3)Requires each vehicle used for charter bus transportation to  
            comply at all times with applicable federal motor vehicle  
            safety standards (FMVSS).


          4)Requires the Department of the California Highway Patrol (CHP)  
            to adopt standards and criteria for the implementation of the  
            above safety equipment by July 1, 2017.


          5)Requires the driver of each vehicle used for charter bus  
            transportation instruct all passengers on the safety equipment  
            and emergency exits on the vehicle prior to the beginning of  
            any trip and requires CHP to adopt standards and criteria for  
            the implementation of this requirement by July 1, 2017.


          EXISTING LAW:


          1)Defines "charter-party carrier of passengers" as a person  
            engaged in the transportation of persons by motor vehicle for  
            compensation over any public highway.


          2)Establishes the "Passenger Charter-Party Carriers Act," which  
            directs the California Public Utilities Commission to issue  
            permits or certificates to charter-party carriers, investigate  
            complaints against carriers, and cancel, revoke, or suspend  
            permits and certificates for specific violations.


          3)Defines "charter bus transportation" as transportation using a  
            vehicle with a capacity of more than 10 persons, including the  
            driver, of a group of persons who have acquired the exclusive  
            use of the vehicle to travel together under a single contract  
            at a fixed charge.










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          4)Requires CHP to regulate the equipment, maintenance, and safe  
            operation of specified vehicles.


          FISCAL EFFECT:  Unknown


          COMMENTS:  In April 2014, a tractor trailer drifted across the  
          median of Interstate 5 near Orland and collided with a charter  
          bus carrying high school students on a college visit to northern  
          California.  The collision disabled the bus door and caused  
          diesel fuel from the tractor trailer's fuel tank to spray into  
          the passenger compartment of the bus and ignite.  Both drivers  
          and eight bus passengers were killed from the impact of the  
          collision or injuries sustained in the fire.


          After its investigation of the accident, the National  
          Transportation Safety Board (NTSB) made a number of  
          recommendations to the National Highway Traffic Safety  
          Administration (NHTSA) and the Federal Motor Carrier Safety  
          Administration (FMCSA) for ways to improve the safety of both  
          charter buses and motor carriers.  Those recommendations  
          included requiring rigorous performance standards for  
          flammability and smoke emissions characteristics for bus  
          interiors, requiring new bus designs to include a secondary door  
          for use as an additional emergency exit, requiring a pretrip  
          safety briefing for bus passengers, requiring windows to be  
          easily opened and remain open during an emergency evacuation,  
          developing standards for on-board crash data recorders,  
          requiring all motorcoaches be equipped with emergency lighting  
          fixtures outfitted with an independent power source, and  
          requiring interior luminescent or exterior retroreflective  
          markings for emergency exits.  The federal entities identified  
          in the NTSB report have not yet adopted these recommendations.   
          The report also identified, but made no recommendations relating  
          to numerous other accident factors in the Orland collision, such  
          as the absence of a highway median barrier at the collision  
          site, disuse of seatbelts by some bus passengers, and the  








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          volatility of the tractor trailer's fuel tank.


          This bill codifies a number of the NTSB report's recommendations  
          in California statute for vehicles used in charter bus  
          transportation.


          The author believes that SB 247 will close the gap in safety  
          standards between buses and other modes of transportation, such  
          as airplanes and rail, and address the potentially dangerous  
          conditions faced by bus passengers.  The author intends to  
          ensure that, although accidents will continue to happen, the  
          survival rate of passengers in those future accidents is as high  
          as possible, and that no future deaths are caused by inadequate  
          emergency exit systems.


          According to CHP, the annual number of fatalities caused by  
          collisions with charter buses has been fewer than four since  
          2010, and it is unclear if any of those are attributable to the  
          same fatal circumstances of the Orland collision.


          The Legislature has enacted similar safety requirements for  
          charter party carrier vehicles in recent years, including  
          equipment requirements for modified limousines as a result of a  
          fatal limousine fire in San Mateo.


          Federal preemption potential:  Under the federal National  
          Traffic and Motor Vehicle Safety Act, states cannot adopt a  
          safety standard for motor vehicle equipment that conflicts with  
          a federal standard in effect on the same aspect of performance  
          of that equipment.  However, SB 247 would mandate the  
          installation of certain safety features to, in effect, mitigate  
          the impact of a traffic accident, but would not mandate that the  
          performance of that equipment meets a specified standard.  For  
          this reason, it appears the requirements of this bill would not  








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          be preempted by federal law.  For example, under this bill, a  
          motorcoach would be required to be equipped with windows that  
          are easily opened, but those windows would still be required to  
          meet all federal standards for characteristics such as size,  
          design, and manufacture.


          Previous legislation:  SB 611 (Hill), Chapter 860, Statutes of  
          2014, among other provisions required modified limousines to be  
          equipped with two fire extinguishers.


          SB 109 (Corbett), Chapter 752, Statutes of 2013, required  
          modified limousines to be equipped with specified safety  
          features, including an additional emergency exit and push-out  
          windows.


          REGISTERED SUPPORT / OPPOSITION:




          Support


          Consumer Attorneys of California


          Consumer Federation of California


          Consumers for Auto Reliability and Safety




          Opposition









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          ABC Bus Companies, Inc.


          All West Coachlines


          Amador Stage Lines


          American Star Trailways


          California Bus Association


          Carreras Tours, LLC


          Certified Transportation Services, Inc.


          Classic Charter


          Discovery Luxury Motorcoach Charters


          Goldfield Stage


          Greyhound Lines, Inc.


          Lin Lines


          Motor Coach Industries









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          Pacific Coachways


          Pacific Coast Sightseeing Tours and Charters, Inc.


          Pacific Monarch Ltd.


          Royal Coach Tours


          San Diego Charter Company


          Sierra Pacific Tours


          Silverado Stages


          Silver Bay Tours


          Storer Coachways


          Sundance Stage Lines


          The Volvo Group


          WESS Transportation Services, Inc.












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          Analysis Prepared by:Justin Behrens / TRANS. / (916)  
          319-2093