BILL ANALYSIS Ó
SB 247
Page 1
SENATE THIRD READING
SB
247 (Lara)
As Amended June 8, 2016
Majority vote
SENATE VOTE: 26-4
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Transportation |13-0 |Frazier, Linder, | |
| | |Baker, Bloom, Brown, | |
| | |Chu, Dodd, | |
| | | | |
| | | | |
| | |Eduardo Garcia, | |
| | |Gomez, Medina, | |
| | |Melendez, Nazarian, | |
| | |O'Donnell | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |13-5 |Gonzalez, Bloom, |Bigelow, Gallagher, |
| | |Bonta, Calderon, |Jones, Obernolte, |
| | |Chang, Daly, Eggman, |Wagner |
| | |Roger Hernández, | |
| | |Holden, Quirk, | |
| | |Santiago, Weber, Wood | |
SB 247
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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 exit,
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.
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 driver of each vehicle used for charter bus
transportation instruct all passengers on the vehicle's safety
equipment and emergency exits prior to any trip.
5)Requires the Department of the California Highway Patrol (CHP)
to adopt standards and criteria for the implementation of the
above safety requirements by July 1, 2017.
SB 247
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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.
4)Requires CHP to regulate the equipment, maintenance, and safe
operation of specified vehicles.
FISCAL EFFECT: According to the Assembly Appropriations
Committee, one-time minor costs ($20,000) for the CHP to adopt
the required standards. [Motor Vehicle Account]
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 in the collision or by
injuries sustained in the fire.
SB 247
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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. The federal entities
identified in the NTSB report have not yet adopted these
recommendations.
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 this bill 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.
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 federal law, states cannot
adopt a safety standard for motor vehicle equipment that
conflicts with an FMVSS in effect on the same aspect of
performance of that equipment. However, this bill would mandate
the installation of certain safety features to, in effect,
mitigate the impact of a traffic accident, but would not mandate
SB 247
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that the performance of that equipment meets a specified
standard. For this reason, it appears the requirements of this
bill would not 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 applicable FMVSS for characteristics such
as size, design, and manufacture.
Please see the policy committee analysis for full discussion of
this bill.
Analysis Prepared by:
Justin Behrens / TRANS. / (916) 319-2093 FN:
0003558