BILL NUMBER: SB 530 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 7, 2015
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.
add Article 4. 5 (commencing with Section 21215) to
Chapter 1 of Division 11 of the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 530, as amended, Pan. Charter-party carriers:
pedal-powered quadricycles. Quadricycles.
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.
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.
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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
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.
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. Article 4.5 (commencing with Section
21215) is added to Chapter 1 of Division 11 of the Vehicle
Code , to read:
Article 4.5. Operation of Quadricycles
21215. (a) For purposes of this article, a quadricycle means a
device that meets all of the following:
(1) Is powered primarily by pedal-power.
(2) Has an electric motor that is used to propel it during
emergencies, but not during regular operation of the quadricycle.
(3) Cannot travel in excess of 15 miles per hour.
(4) Has a seating capacity of not more than 15 passengers.
(b) Notwithstanding paragraph (2) of subdivision (a), a
quadricycle as defined in this section is a device moved exclusively
by human power for purposes of Section 670.
21215.2. A person operating a quadricycle upon a highway has all
the rights and is subject to all the provisions applicable to the
driver of a vehicle by this division, including, but not limited to,
provisions concerning driving under the influence of alcoholic
beverages or drugs, and by Division 10 (commencing with Section
20000), Section 27400, and Division 18 (commencing with Section
42000), except those provisions that by their very nature can have no
application.
21215.4. Notwithstanding Section 21215.2, it is unlawful for any
person to operate a quadricycle upon a highway while under the
influence of an alcoholic beverage or any drug, or under the combined
influence of an alcoholic beverage and any drug. Any person arrested
for a violation of this section may request to have a chemical test
made of the person's blood, breath, or urine for the purpose of
determining the alcoholic or drug content of that person's blood
pursuant to Section 23612, and, if so requested, the arresting
officer shall have the test performed. A conviction of a violation of
this section shall be punished by a fine of not more than two
hundred fifty dollars ($250). Violations of this section are subject
to Section 13202.5.
21215.6. (a) Notwithstanding any other law, alcoholic beverages
may be consumed by passengers on the quadricycle if all of the
following are met:
(1) The local jurisdiction in which the quadricycle operates has,
by ordinance or resolution, authorized the consumption of alcoholic
beverages in a quadricycle.
(2) A safety monitor who is 21 years of age or older is present on
the quadricycle when alcohol is consumed.
(3) The operator of the quadricycle does not consume alcohol while
operating the quadricycle.
(4) Alcohol is supplied by passengers.
(5) Alcohol is provided in plastic containers.
(6) Glass containers of alcohol are not permitted in a
quadricycle.
(7) Distilled spirits, as defined in Section 23005 of the Business
and Professions Code, are not consumed in a quadricycle.
21215.8. (a) A quadricycle providing transportation service
pursuant to this article shall be operated by a driver who is over 21
years of age. The operator shall possess a Class C driver's license.
(b) The operator and safety monitor shall attend and
satisfactorily complete the Licensee Education on Alcohol and Drugs
program implemented by the Department of Alcoholic Beverage Control.
21215.10. Passengers shall remain seated while the quadricycle is
in motion. A safety monitor is not a passenger for purposes of this
article and is not required to be seated during the operation of the
quadricycle.
21215.12. (a) A quadricycle shall be equipped with hydraulic
brakes.
(b) A quadricycle shall be equipped with two headlights that each
emit a white light that, while the quadricycle is in motion,
illuminates the highway or road in front of the quadricycle and is
visible from a distance of 300 feet in front and from the sides of
the quadricycle.
(c) A quadricycle shall be equipped with at least 2 red reflectors
on the back and each side of the quadricycle that shall be visible
from a distance of 500 feet to the rear when directly in front of
lawful upper beams of headlamps on a motor vehicle.
(d) The quadricycle shall be equipped with a solid floor covering
the entire passenger area.
21215.14. (a) A local law enforcement agency with jurisdiction
over the area in which the quadricycle operates shall inspect the
quadricycle annually to ensure compliance with Section 21215.12. The
agency may charge a reasonable fee to cover the costs of the
inspection and issuance of a certificate evidencing the quadricycle
has passed the inspection.
(b) An inspection certificate issued pursuant to subdivision (a)
shall be maintained at the quadricycle owner's principal place of
business and shall be available for inspection during business hours.
SEC. 2. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution for certain costs that may be incurred by a local agency
or school district because, in that regard, 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.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code. All matter omitted in this
version of the bill appears in the bill as introduced in the Senate,
February 26, 2015. (JR11)