BILL NUMBER: SB 530 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Pan
FEBRUARY 26, 2015
An act to amend Sections 5353, 5353.5, 5359, and 5373.1 of, and to
add Sections 5359.5, 5364, 5373.2, and 5384.4 to, the Public
Utilities Code, relating to charter-party carriers.
LEGISLATIVE COUNSEL'S DIGEST
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 1. Section 5353 of the Public Utilities Code is amended to
read:
5353. This chapter does not apply to any of the following:
(a) Transportation Except as provided in
Section 5353.5, transportation service rendered wholly within
the corporate limits of a single city or city and county and licensed
or regulated by ordinance.
(b) Transportation of school pupils conducted by or under contract
with the governing board of any school district entered into
pursuant to the Education Code.
(c) Common carrier transportation services between fixed termini
or over a regular route that are subject to authorization pursuant to
Article 2 (commencing with Section 1031) of Chapter 5 of Part 1 of
Division 1.
(d) Transportation services occasionally afforded for farm
employees moving to and from farms on which employed when the
transportation is performed by the employer in an owned or leased
vehicle, or by a nonprofit agricultural cooperative association
organized and acting within the scope of its powers under Chapter 1
(commencing with Section 54001) of Division 20 of the Food and
Agricultural Code, and without any requirement for the payment of
compensation therefor by the employees.
(e) Transportation service rendered by a publicly owned transit
system.
(f) Passenger vehicles carrying passengers on a noncommercial
enterprise basis.
(g) Taxicab transportation service licensed and regulated by a
city or county, by ordinance or resolution, rendered in vehicles
designed for carrying not more than eight persons excluding the
driver.
(h) Transportation of persons between home and work locations or
of persons having a common work-related trip purpose in a vehicle
having a seating capacity of 15 passengers or less, including the
driver, which are used for the purpose of ridesharing, as defined in
Section 522 of the Vehicle Code, when the ridesharing is incidental
to another purpose of the driver. This exemption also applies to a
vehicle having a seating capacity of more than 15 passengers if the
driver files with the commission evidence of liability insurance
protection in the same amount and in the same manner as required for
a passenger stage corporation, and the vehicle undergoes and passes
an annual safety inspection by the Department of the California
Highway Patrol. The insurance filing shall be accompanied by a
one-time filing fee of seventy-five dollars ($75). This exemption
does not apply if the primary purpose for the transportation of those
persons is to make a profit. "Profit," as used in this subdivision,
does not include the recovery of the actual costs incurred in owning
and operating a vanpool vehicle, as defined in Section 668 of the
Vehicle Code.
(i) Vehicles used exclusively to provide medical transportation,
including vehicles employed to transport developmentally disabled
persons for regional centers established pursuant to Chapter 5
(commencing with Section 4620) of Division 4.5 of the Welfare and
Institutions Code.
(j) Transportation services rendered solely within the Lake Tahoe
Basin, comprising that area included within the Tahoe Regional
Planning Compact as set forth in Section 66801 of the Government
Code, when the operator of the services has obtained any permit
required from the Tahoe Basin Transportation Authority or the City of
South Lake Tahoe, or both.
(k) Subject to Section 34507.6 of the Vehicle Code, transportation
service provided by the operator of an automobile rental business in
vehicles owned or leased by that operator, without charge other than
as may be included in the automobile rental charges, to carry its
customers to or from its office or facility where rental vehicles are
furnished or returned after the rental period.
( l ) Subject to Section 34507.6 of the Vehicle Code,
transportation service provided by the operator of a hotel, motel, or
other place of temporary lodging in vehicles owned or leased by that
operator, without charge other than as may be included in the
charges for lodging, between the lodging facility and an air, rail,
water, or bus passenger terminal or between the lodging facility and
any place of entertainment or commercial attraction, including, but
not limited to, facilities providing snow skiing. Nothing in this
subdivision authorizes the operator of a hotel, motel, or other place
of temporary lodging to provide any round trip sightseeing service
without a permit, as required by subdivision (c) of Section 5384.
(m) (1) Transportation of hot air balloon ride passengers in a
balloon chase vehicle from the balloon landing site back to the
original takeoff site, provided that the balloon ride was conducted
by a balloonist who meets all of the following conditions:
(A) Does not fly more than a total of 30 passenger rides for
compensation annually.
(B) Does not provide any preflight ground transportation services
in their vehicles.
(C) In providing return transportation to the launch site from
landing does not drive more than 300 miles annually.
(D) Files with the commission an exemption declaration and proof
of vehicle insurance, as prescribed by the commission, certifying
that the operator qualifies for the exemption and will maintain
minimum insurance on each vehicle of one hundred thousand dollars
($100,000) for injury or death of one person, three hundred thousand
dollars ($300,000) for injury or death of two or more persons and one
hundred thousand dollars ($100,000) for damage to property.
(2) Nothing in this subdivision authorizes the operator of a
commercial balloon operation to provide any round trip sightseeing
service without a permit, as required by subdivision (c) of Section
5384.
(n) (1) Transportation services incidental to operation of a youth
camp that are provided by either a nonprofit organization that
qualifies for tax exemption under Section 501(c)(3) of the Internal
Revenue Code or an organization that operates an organized camp, as
defined in Section 18897 of the Health and Safety Code, serving youth
18 years of age or younger.
(2) Any transportation service described in paragraph (1) shall
comply with all of the following requirements:
(A) Register as a private carrier with the commission pursuant to
Section 4005.
(B) Participate in a pull notice system for employers of drivers
as prescribed in Section 1808.1 of the Vehicle Code.
(C) Ensure compliance with the annual bus terminal inspection
required by subdivision (c) of Section 34501 of the Vehicle Code.
(D) Obtain the following minimum amounts of general liability
insurance coverage for vehicles that are used to transport youth:
(i) A minimum of five hundred thousand dollars ($500,000) general
liability insurance coverage for passenger vehicles designed to carry
up to eight passengers. For organized camps, as defined in Section
18897 of the Health and Safety Code, an additional two hundred fifty
thousand dollars ($250,000) general umbrella policy that covers
vehicles.
(ii) A minimum of one million dollars ($1,000,000) general
liability insurance coverage for vehicles designed to carry up to 15
passengers. For organized camps, as defined in Section 18897 of the
Health and Safety Code, an additional five hundred thousand dollars
($500,000) general umbrella policy that covers vehicles.
(iii) A minimum of one million five hundred thousand dollars
($1,500,000) general liability insurance coverage for vehicles
designed to carry more than 15 passengers, and an additional three
million five hundred thousand dollars ($3,500,000) general umbrella
liability insurance policy that covers vehicles.
SEC. 2. Section 5353.5 of the Public Utilities Code is amended to
read:
5353.5. On and after July 1, 1989, this
This chapter does not apply to transportation service, other
than transportation service furnished in a limousine for
hire, hire or a pedal-powered quadricycle,
rendered wholly within the corporate limits of a single city or city
and county and licensed or regulated by ordinance.
SEC. 3. Section 5359 of the Public Utilities Code is amended to
read:
5359. "Motor vehicle" means a vehicle which
that is self-propelled. "Motor vehicle" includes a
pedal-powered quadricycle.
SEC. 4. Section 5359.5 is added to the Public Utilities Code, to
read:
5359.5. "Pedal-powered quadricycle" means a vehicle that meets
all of the following:
(a) Is powered primarily by pedal-power.
(b) Has an electric motor that is used to propel the vehicle
during emergencies.
(c) Cannot travel in excess of 15 miles per hour.
(d) Has a seating capacity of not more than 15 passengers.
SEC. 5. Section 5364 is added to the Public Utilities Code, to
read:
5364. (a) A pedal-powered quadricycle providing transportation
service pursuant to this chapter shall be operated by a driver and a
safety monitor who are over 21 years of age. The driver shall possess
a Class C driver's license. The safety monitor shall supervise the
passengers while the quadricycle is in motion.
(b) The driver and safety monitor shall attend and satisfactorily
complete the Licensee Education on Alcohol and Drugs program
implemented by the Department of Alcoholic Beverage Control.
SEC. 6. Section 5373.1 of the Public Utilities Code is amended to
read:
5373.1. (a) Each Except as provided in
Section 5373.2, each application for a charter-party carrier of
passengers certificate or permit shall be accompanied by a filing
fee as follows:
(1) Class A certificates (new): one thousand five hundred dollars
($1,500).
(2) Class A certificates (renewal): one hundred dollars ($100).
(3) Class B certificates (new): one thousand dollars ($1,000).
(4) Class B certificates (renewal): one hundred dollars ($100).
(5) Class C certificates (new): one thousand dollars ($1,000).
(6) Class C certificates (renewal): one hundred dollars ($100).
(7) Permits (new): one thousand dollars ($1,000).
(8) Permits (renewal): one hundred dollars ($100).
(b) The commission shall also require each application to be
accompanied by a fee to offset the cost of the charter-party carrier
bus terminal inspections conducted by the Department of the
California Highway Patrol. The fee shall be fifteen dollars ($15) per
tour bus, as defined in Section 612 of the Vehicle Code, or a
maximum of six thousand five hundred dollars ($6,500) for each
operating carrier.
(c) The commission shall require each charter-party carrier that
operates tour buses, as defined in Section 612 of the Vehicle Code,
to undergo an annual bus terminal inspection conducted by the
Department of the California Highway Patrol and to pay an annual fee
of fifteen dollars ($15) per tour bus, or a maximum of six thousand
five hundred dollars ($6,500), to offset the cost of the inspections.
(d) The commission shall deposit the fees collected pursuant to
subdivisions (b) and (c) in the Motor Vehicle Account in the State
Transportation Fund to cover the costs of the inspections conducted
by the department Department of the
California Highway Patrol as specified in subdivisions (b) and
(c).
SEC. 7. Section 5373.2 is added to the Public Utilities Code, to
read:
5373.2. (a) An application for, or the renewal of, a permit for a
charter-party carrier of passengers operating a pedal-powered
quadricycle shall be accompanied by a filing fee not to exceed five
hundred dollars ($500).
(b) (1) The commission shall require a charter-party carrier that
operates a pedal-powered quadricycle to undergo an annual inspection
conducted by the local law enforcement agency of the local
jurisdiction in which the charter-party carrier operates to ensure
that the quadricycle is in safe operating condition.
(2) A local law enforcement agency shall inspect annually a
pedal-powered quadricycle operated by a charter-party carrier of
passengers and may charge a reasonable fee to offset the costs of
inspecting the pedal-powered quadricycle.
SEC. 8. Section 5384.4 is added to the Public Utilities Code, to
read:
5384.4. (a) Notwithstanding any other provision of this chapter,
a charter-party carrier of passengers shall not allow the consumption
of alcoholic beverages on a pedal-powered quadricycle unless the
local jurisdiction in which the quadricycle operates, by ordinance or
resolution, has authorized the consumption of alcoholic beverages in
a pedal-powered quadricycle.
(b) In a local jurisdiction in which the consumption of alcohol
beverages is authorized in a pedal-powered quadricycle, in addition
to the requirements of Section 5384.1, for a pedal-powered
quadricycle, all of the following apply:
(1) Distilled spirits, as defined in Section 23005 of the Business
and Professions Code, shall not be consumed.
(2) Alcoholic beverages shall be contained in plastic containers.
(3) Glass containers shall not be permitted.
SEC. 9. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act or because 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.