BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 247


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          SENATE THIRD READING


          SB  
          247 (Lara)


          As Amended  August 11, 2016


          Majority vote


          SENATE VOTE:  26-4


           -------------------------------------------------------------------- 
          |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  
            designed to carry 39 or more passengers and manufactured after  
            on or after July 1, 2020, be equipped with emergency lighting  
            fixtures that will turn on in the event of an impact or  
            collision.


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


          3)Requires the driver of each vehicle used for charter bus  
            transportation to provide written or video instruction to all  
            passengers on the vehicle's safety equipment and emergency  
            exits prior to any trip.


          4)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, 2018.


          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.








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          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.


          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  








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          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.


          Please see the policy committee analysis for full discussion of  
          this bill.




          Analysis Prepared by:                                             
                          Justin Behrens / TRANS. / (916) 319-2093  FN:  
          0003912











                                                                     SB 247


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