Amended in Senate April 7, 2015

Senate BillNo. 530


Introduced by Senator Pan

February 26, 2015


An act tobegin delete 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.end deletebegin insert add Article 4.end insertbegin insert5 (commencing with Section 21215) to Chapter 1 of Division 11 of the Vehicle Code, relating to vehicles.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 530, as amended, Pan. begin deleteCharter-party carriers: pedal-powered quadricycles. end deletebegin insertQuadricycles.end insert

begin insert

Existing law generally regulates the operation of bicycles, including, among other things, providing that a person operating a bicycle on the highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle, including a prohibition against operating a bicycle while under the influence of an alcoholic beverage or any drug. A violation of the provisions regulating the operation of a bicycle is an offense.

end insert
begin insert

This bill would regulate the operation of quadricycles. The bill would define a quadricycle, in part, as being pedal-powered and seating no more than 15 passengers. The bill would provide that a person operating a quadricycle on the highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle, including a prohibition against operating a quadricycle while under the influence of an alcoholic beverage or any drug. The bill would authorize consumption of alcoholic beverages by passengers on a quadricycle, as specified, if the local jurisdiction has authorized that consumption by ordinance or resolution. The bill would require certain safety equipment for the quadricycle and would require an annual inspection by local law enforcement entities for compliance with those safety provisions. Because existing law would make a violation of these provisions an offense, this bill would create new crimes and impose a state-mandated local program. By imposing additional duties on local law enforcement, this bill would impose a state-mandated local program.

end insert
begin insert

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.

end insert
begin insert

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

end insert
begin insert

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

end insert
begin delete

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.

end delete
begin delete

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.

end delete
begin delete

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.

end delete
begin delete

This bill would provide that no reimbursement is required by this act for specified reasons.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P3    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertArticle 4.5 (commencing with Section 21215) is
2added to Chapter 1 of Division 11 of the end insert
begin insertVehicle Codeend insertbegin insert, to read:end insert

begin insert

3 

4Article begin insert4.5.end insert  Operation of Quadricycles
5

 

6

begin insert21215.end insert  

(a) For purposes of this article, a quadricycle means
7a device that meets all of the following:

8(1) Is powered primarily by pedal-power.

9(2) Has an electric motor that is used to propel it during
10emergencies, but not during regular operation of the quadricycle.

11(3) Cannot travel in excess of 15 miles per hour.

12(4) Has a seating capacity of not more than 15 passengers.

13(b) Notwithstanding paragraph (2) of subdivision (a), a
14quadricycle as defined in this section is a device moved exclusively
15by human power for purposes of Section 670.

16

begin insert21215.2.end insert  

A person operating a quadricycle upon a highway
17has all the rights and is subject to all the provisions applicable to
18the driver of a vehicle by this division, including, but not limited
19to, provisions concerning driving under the influence of alcoholic
20beverages or drugs, and by Division 10 (commencing with Section
2120000), Section 27400, and Division 18 (commencing with Section
2242000), except those provisions that by their very nature can have
23no application.

24

begin insert21215.4.end insert  

Notwithstanding Section 21215.2, it is unlawful for
25any person to operate a quadricycle upon a highway while under
P4    1the influence of an alcoholic beverage or any drug, or under the
2combined influence of an alcoholic beverage and any drug. Any
3person arrested for a violation of this section may request to have
4a chemical test made of the person’s blood, breath, or urine for
5the purpose of determining the alcoholic or drug content of that
6person’s blood pursuant to Section 23612, and, if so requested,
7the arresting officer shall have the test performed. A conviction
8of a violation of this section shall be punished by a fine of not more
9than two hundred fifty dollars ($250). Violations of this section
10are subject to Section 13202.5.

11

begin insert21215.6.end insert  

(a) Notwithstanding any other law, alcoholic
12beverages may be consumed by passengers on the quadricycle if
13all of the following are met:

14(1) The local jurisdiction in which the quadricycle operates has,
15by ordinance or resolution, authorized the consumption of
16alcoholic beverages in a quadricycle.

17(2) A safety monitor who is 21 years of age or older is present
18on the quadricycle when alcohol is consumed.

19(3) The operator of the quadricycle does not consume alcohol
20while operating the quadricycle.

21(4) Alcohol is supplied by passengers.

22(5) Alcohol is provided in plastic containers.

23(6) Glass containers of alcohol are not permitted in a
24quadricycle.

25(7) Distilled spirits, as defined in Section 23005 of the Business
26and Professions Code, are not consumed in a quadricycle.

27

begin insert21215.8.end insert  

(a) A quadricycle providing transportation service
28pursuant to this article shall be operated by a driver who is over
2921 years of age. The operator shall possess a Class C driver’s
30license.

31(b) The operator and safety monitor shall attend and
32satisfactorily complete the Licensee Education on Alcohol and
33Drugs program implemented by the Department of Alcoholic
34Beverage Control.

35

begin insert21215.10.end insert  

Passengers shall remain seated while the quadricycle
36is in motion. A safety monitor is not a passenger for purposes of
37this article and is not required to be seated during the operation
38of the quadricycle.

39

begin insert21215.12.end insert  

(a) A quadricycle shall be equipped with hydraulic
40brakes.

P5    1(b) A quadricycle shall be equipped with two headlights that
2each emit a white light that, while the quadricycle is in motion,
3illuminates the highway or road in front of the quadricycle and is
4visible from a distance of 300 feet in front and from the sides of
5the quadricycle.

6(c) A quadricycle shall be equipped with at least 2 red reflectors
7on the back and each side of the quadricycle that shall be visible
8from a distance of 500 feet to the rear when directly in front of
9lawful upper beams of headlamps on a motor vehicle.

10(d) The quadricycle shall be equipped with a solid floor covering
11the entire passenger area.

12

begin insert21215.14.end insert  

(a) A local law enforcement agency with jurisdiction
13over the area in which the quadricycle operates shall inspect the
14quadricycle annually to ensure compliance with Section 21215.12.
15The agency may charge a reasonable fee to cover the costs of the
16inspection and issuance of a certificate evidencing the quadricycle
17has passed the inspection.

18(b) An inspection certificate issued pursuant to subdivision (a)
19shall be maintained at the quadricycle owner’s principal place of
20business and shall be available for inspection during business
21hours.

end insert
22begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
23Section 6 of Article XIII B of the California Constitution for certain
24costs that may be incurred by a local agency or school district
25because, in that regard, this act creates a new crime or infraction,
26eliminates a crime or infraction, or changes the penalty for a crime
27or infraction, within the meaning of Section 17556 of the
28Government Code, or changes the definition of a crime within the
29meaning of Section 6 of Article XIII B of the California
30Constitution.

end insert
begin insert

31However, if the Commission on State Mandates determines that
32this act contains other costs mandated by the state, reimbursement
33to local agencies and school districts for those costs shall be made
34pursuant to Part 7 (commencing with Section 17500) of Division
354 of Title 2 of the Government Code.

end insert

All matter omitted in this version of the bill appears in the bill as introduced in the Senate, February 26, 2015. (JR11)



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