SB 530, as introduced, Pan. Charter-party carriers: pedal-powered quadricycles.
Existing law, the Passenger Charter-party Carriers’ 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. The act imposes certain requirements if alcoholic beverages are consumed by the passengers during the transportation service. A violation of the act is a crime.
This bill would apply the requirements of the act to persons rendering transportation service by means of pedal-powered quadricycles. The bill would prohibit the consumption of an alcoholic beverage unless the local jurisdiction in which the pedal-powered quadricycle operates has authorized that consumption and would impose additional restrictions regarding the consumption of alcoholic beverages in pedal-powered quadricycles. The bill would impose certain requirements on the operators of pedal-powered quadricycles. By expanding the requirements of the act to the operation of a pedal-powered quadricycle and imposing additional restrictions on pedal-powered quadricycles, the bill would create a new crime, thereby imposing a state-mandated local program. The bill would require the commission to require a charter-party carrier of passengers operating a pedal-powered quadricycle to undergo an annual inspection of the quadricycle by the local law enforcement agency of the local jurisdiction in which the quadricycle operates. The bill would require a local law enforcement agency to conduct an annual inspection of pedal-powered quadricycles operated by a charter-party carrier of passengers, thereby imposing a state-mandated local program. The bill would authorize the local law enforcement agency to charge a reasonable fee to offset the cost of inspection.
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 specified reasons.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 5353 of the Public Utilities Code is
2amended to read:
This chapter does not apply to any of the following:
4(a) begin deleteTransportation end deletebegin insertExcept as provided in Section 5353.5,
5transportation end insertservice rendered wholly within the corporate limits
6of a single city or city and county and licensed or regulated by
7ordinance.
8(b) Transportation of school pupils conducted by or under
9contract with the governing board of any school district entered
10into pursuant to the Education Code.
11(c) Common carrier
transportation services between fixed
12termini or over a regular route that are subject to authorization
13pursuant to Article 2 (commencing with Section 1031) of Chapter
145 of Part 1 of Division 1.
15(d) Transportation services occasionally afforded for farm
16employees moving to and from farms on which employed when
17the transportation is performed by the employer in an owned or
18leased vehicle, or by a nonprofit agricultural cooperative
19association organized and acting within the scope of its powers
20under Chapter 1 (commencing with Section 54001) of Division
2120 of the Food and Agricultural Code, and without any requirement
22for the payment of compensation therefor by the employees.
P3 1(e) Transportation service rendered by a publicly owned transit
2system.
3(f) Passenger vehicles carrying passengers on a noncommercial
4enterprise
basis.
5(g) Taxicab transportation service licensed and regulated by a
6city or county, by ordinance or resolution, rendered in vehicles
7designed for carrying not more than eight persons excluding the
8driver.
9(h) Transportation of persons between home and work locations
10or of persons having a common work-related trip purpose in a
11vehicle having a seating capacity of 15 passengers or less, including
12the driver, which are used for the purpose of ridesharing, as defined
13in Section 522 of the Vehicle Code, when the ridesharing is
14incidental to another purpose of the driver. This exemption also
15applies to a vehicle having a seating capacity of more than 15
16passengers if the driver files with the commission evidence of
17liability insurance protection in the same amount and in the same
18manner as required for a passenger stage corporation, and the
19vehicle undergoes and passes an annual
safety inspection by the
20Department of the California Highway Patrol. The insurance filing
21shall be accompanied by a one-time filing fee of seventy-five
22dollars ($75). This exemption does not apply if the primary purpose
23for the transportation of those persons is to make a profit. “Profit,”
24as used in this subdivision, does not include the recovery of the
25actual costs incurred in owning and operating a vanpool vehicle,
26as defined in Section 668 of the Vehicle Code.
27(i) Vehicles used exclusively to provide medical transportation,
28including vehicles employed to transport developmentally disabled
29persons for regional centers established pursuant to Chapter 5
30(commencing with Section 4620) of Division 4.5 of the Welfare
31and Institutions Code.
32(j) Transportation services rendered solely within the Lake
33Tahoe Basin, comprising that area included within the Tahoe
34Regional Planning
Compact as set forth in Section 66801 of the
35Government Code, when the operator of the services has obtained
36any permit required from the Tahoe Basin Transportation Authority
37or the City of South Lake Tahoe, or both.
38(k) Subject to Section 34507.6 of the Vehicle Code,
39transportation service provided by the operator of an automobile
40rental business in vehicles owned or leased by that operator,
P4 1without charge other than as may be included in the automobile
2rental charges, to carry its customers to or from its office or facility
3where rental vehicles are furnished or returned after the rental
4period.
5(l) Subject to Section 34507.6 of the Vehicle Code,
6transportation service provided by the operator of a hotel, motel,
7or other place of temporary lodging in vehicles owned or leased
8by that operator, without charge other than as may be included in
9the charges for lodging, between
the lodging facility and an air,
10rail, water, or bus passenger terminal or between the lodging
11facility and any place of entertainment or commercial attraction,
12including, but not limited to, facilities providing snow skiing.
13Nothing in this subdivision authorizes the operator of a hotel,
14motel, or other place of temporary lodging to provide any round
15trip sightseeing service without a permit, as required by subdivision
16(c) of Section 5384.
17(m) (1) Transportation of hot air balloon ride passengers in a
18balloon chase vehicle from the balloon landing site back to the
19original takeoff site, provided that the balloon ride was conducted
20by a balloonist who meets all of the following conditions:
21(A) Does not fly more than a total of 30 passenger rides for
22compensation annually.
23(B) Does not provide
any preflight ground transportation
24services in their vehicles.
25(C) In providing return transportation to the launch site from
26landing does not drive more than 300 miles annually.
27(D) Files with the commission an exemption declaration and
28proof of vehicle insurance, as prescribed by the commission,
29certifying that the operator qualifies for the exemption and will
30maintain minimum insurance on each vehicle of one hundred
31thousand dollars ($100,000) for injury or death of one person, three
32hundred thousand dollars ($300,000) for injury or death of two or
33more persons and one hundred thousand dollars ($100,000) for
34damage to property.
35(2) Nothing in this subdivision authorizes the operator of a
36commercial balloon operation to provide any round trip sightseeing
37service without a permit, as required by subdivision (c) of
Section
385384.
39(n) (1) Transportation services incidental to operation of a youth
40camp that are provided by either a nonprofit organization that
P5 1qualifies for tax exemption under Section 501(c)(3) of the Internal
2Revenue Code or an organization that operates an organized camp,
3as defined in Section 18897 of the Health and Safety Code, serving
4youth 18 years of age or younger.
5(2) Any transportation service described in paragraph (1) shall
6comply with all of the following requirements:
7(A) Register as a private carrier with the commission pursuant
8to Section 4005.
9(B) Participate in a pull notice system for employers of drivers
10as prescribed in Section 1808.1 of the Vehicle Code.
11(C) Ensure compliance with the annual bus terminal inspection
12required by subdivision (c) of Section 34501 of the Vehicle Code.
13(D) Obtain the following minimum amounts of general liability
14insurance coverage for vehicles that are used to transport youth:
15(i) A minimum of five hundred thousand dollars ($500,000)
16general liability insurance coverage for passenger vehicles designed
17to carry up to eight passengers. For organized camps, as defined
18in Section 18897 of the Health and Safety Code, an additional two
19hundred fifty thousand dollars ($250,000) general umbrella policy
20that covers vehicles.
21(ii) A minimum of one million dollars ($1,000,000) general
22liability insurance coverage for vehicles designed to carry up to
2315 passengers. For organized camps, as defined in Section 18897
24of the Health and Safety
Code, an additional five hundred thousand
25dollars ($500,000) general umbrella policy that covers vehicles.
26(iii) A minimum of one million five hundred thousand dollars
27($1,500,000) general liability insurance coverage for vehicles
28designed to carry more than 15 passengers, and an additional three
29million five hundred thousand dollars ($3,500,000) general
30umbrella liability insurance policy that covers vehicles.
Section 5353.5 of the Public Utilities Code is amended
32to read:
begin deleteOn and after July 1, 1989, this end deletebegin insertThis end insertchapter does not
34apply to transportation service, other than transportation service
35furnished in a limousine forbegin delete hire,end deletebegin insert hire or a pedal-powered
36quadricycle,end insert rendered wholly within the corporate limits of a single
37city or city and county and licensed or regulated by ordinance.
Section 5359 of the Public Utilities Code is amended
39to read:
“Motor vehicle” means a vehiclebegin delete whichend deletebegin insert thatend insert is
2self-propelled.begin insert “Motor vehicle” includes a pedal-powered
3quadricycle.end insert
Section 5359.5 is added to the Public Utilities Code,
5to read:
“Pedal-powered quadricycle” means a vehicle that
7meets all of the following:
8(a) Is powered primarily by pedal-power.
9(b) Has an electric motor that is used to propel the vehicle during
10emergencies.
11(c) Cannot travel in excess of 15 miles per hour.
12(d) Has a seating capacity of not more than 15 passengers.
Section 5364 is added to the Public Utilities Code, to
14read:
(a) A pedal-powered quadricycle providing
16transportation service pursuant to this chapter shall be operated
17by a driver and a safety monitor who are over 21 years of age. The
18driver shall possess a Class C driver’s license. The safety monitor
19shall supervise the passengers while the quadricycle is in motion.
20(b) The driver and safety monitor shall attend and satisfactorily
21complete the Licensee Education on Alcohol and Drugs program
22implemented by the Department of Alcoholic Beverage Control.
Section 5373.1 of the Public Utilities Code is amended
24to read:
(a) begin deleteEach end deletebegin insertExcept as provided in Section 5373.2, each end insert
26application for a charter-party carrier of passengers certificate or
27permit shall be accompanied by a filing fee as follows:
28(1) Class A certificates (new): one thousand five hundred dollars
29($1,500).
30(2) Class A certificates (renewal): one hundred dollars ($100).
31(3) Class B certificates (new): one thousand dollars ($1,000).
32(4) Class B certificates (renewal): one hundred dollars ($100).
33(5) Class C certificates (new): one thousand dollars ($1,000).
34(6) Class C certificates (renewal): one hundred dollars ($100).
35(7) Permits (new): one thousand dollars ($1,000).
36(8) Permits (renewal): one hundred dollars ($100).
37(b) The commission shall also require each application to be
38accompanied by a fee to offset the cost of the charter-party carrier
39bus terminal inspections conducted by the Department of the
40California Highway Patrol. The fee shall be fifteen dollars ($15)
P7 1per tour bus, as defined in Section 612 of the Vehicle Code, or a
2maximum of six thousand five hundred dollars ($6,500) for each
3
operating carrier.
4(c) The commission shall require each charter-party carrier that
5operates tour buses, as defined in Section 612 of the Vehicle Code,
6to undergo an annual bus terminal inspection conducted by the
7Department of the California Highway Patrol and to pay an annual
8fee of fifteen dollars ($15) per tour bus, or a maximum of six
9thousand five hundred dollars ($6,500), to offset the cost of the
10inspections.
11(d) The commission shall deposit the fees collected pursuant to
12subdivisions (b) and (c) in the Motor Vehicle Account in the State
13Transportation Fund to cover the costs of the inspections conducted
14by thebegin delete departmentend deletebegin insert Department of the California Highway Patrolend insert
15 as specified in
subdivisions (b) and (c).
Section 5373.2 is added to the Public Utilities Code,
17to read:
(a) An application for, or the renewal of, a permit for
19a charter-party carrier of passengers operating a pedal-powered
20quadricycle shall be accompanied by a filing fee not to exceed five
21hundred dollars ($500).
22(b) (1) The commission shall require a charter-party carrier that
23operates a pedal-powered quadricycle to undergo an annual
24inspection conducted by the local law enforcement agency of the
25local jurisdiction in which the charter-party carrier operates to
26ensure that the quadricycle is in safe operating condition.
27(2) A local law enforcement agency shall inspect annually a
28pedal-powered quadricycle operated by a charter-party carrier of
29passengers and
may charge a reasonable fee to offset the costs of
30inspecting the pedal-powered quadricycle.
Section 5384.4 is added to the Public Utilities Code,
32to read:
(a) Notwithstanding any other provision of this chapter,
34a charter-party carrier of passengers shall not allow the
35consumption of alcoholic beverages on a pedal-powered
36quadricycle unless the local jurisdiction in which the quadricycle
37operates, by ordinance or resolution, has authorized the
38consumption of alcoholic beverages in a pedal-powered
39quadricycle.
P8 1(b) In a local jurisdiction in which the consumption of alcohol
2beverages is authorized in a pedal-powered quadricycle, in addition
3to the requirements of Section 5384.1, for a pedal-powered
4quadricycle, all of the following apply:
5(1) Distilled spirits, as defined in Section 23005 of the Business
6and Professions Code, shall
not be consumed.
7(2) Alcoholic beverages shall be contained in plastic containers.
8(3) Glass containers shall not be permitted.
No reimbursement is required by this act pursuant to
10Section 6 of Article XIII B of the California Constitution because
11a local agency or school district has the authority to levy service
12charges, fees, or assessments sufficient to pay for the program or
13level of service mandated by this act or because costs that may be
14incurred by a local agency or school district will be incurred
15because this act creates a new crime or infraction, eliminates a
16crime or infraction, or changes the penalty for a crime or infraction,
17within the meaning of Section 17556 of the Government Code, or
18changes the definition of a crime within the meaning of Section 6
19of Article XIII B of the California Constitution.
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