Amended in Senate April 22, 2015

Amended in Senate April 7, 2015

Senate Bill No. 530

Introduced by Senator Pan

February 26, 2015

An act to begin insert amend Section 467.5 of, and to end insert add Article 4.5 (commencing with Section 21215) to Chapter 1 of Division 11 of begin insert , end insert the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

SB 530, as amended, Pan. begin delete Quadricycles. end delete begin insert Pedicabs. end 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. begin insert These provisions also apply to a pedicab, as defined. end insert A violation of the provisions regulating the operation of a bicycle begin insert or pedicab end insert is an offense.

This bill would begin delete 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 end delete begin insert expand the definition of a pedicab to include a device that is primarily or exclusively pedal-powered, has a seating capacity of not more than 15 passengers, cannot travel in excess of 15 miles per hour, and is being used for transporting passengers for hire, as prescribed. The bill would impose specified requirements on these pedicabs defined by the bill, relating to, among other things, operator qualifications and training, safety equipment, and passenger alcohol consumption. Because end insert a violation of these provisions begin insert would constitute end insert an offense, this bill would begin delete create new crimes and end delete begin insert expand the definition of an existing crime, and would thereby end insert 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.

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

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 467.5 of the end insert begin insert Vehicle Code end insert begin insert is amended to
read: end insert

467.5.  

“Pedicab” means either of the following:

(a) A bicycle that has three or more wheels, that transports, or
is capable of transporting, passengers on seats attached to the
bicycle, that is operated by a person, and that is being used for
transporting passengers for hire.

(b) A bicycle that pulls a trailer, sidecar, or similar device, that
transports, or is capable of transporting, passengers on seats
attached to the trailer, sidecar, or similar device, that is operated
by a person, and that is being used for transporting passengers for
hire.

begin insert

(c) A device that is primarily or exclusively pedal-powered, has
a seating capacity of not more than 15 passengers, cannot travel
in excess of 15 miles per hour, and is being used for transporting
passengers for hire. A pedicab defined under this subdivision is
subject to the requirements of Article 4.5 (commencing with Section
21215) of Chapter 1 of Division 11.

end insert

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

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 begin delete Quadricycles end delete begin insert Pedicabs end insert

 

begin insert

begin insert 21215. end insert   

A pedicab defined in subdivision (c) of Section 467.5
shall operate subject to all of the following requirements:

(a) The operator of the pedicab shall be at least 21 years of
age, with a valid California driver’s license.

(b) The pedicab shall be equipped with seat belts for all
passengers, seat backs, brakes, reflectors, headlights, and grab
rails.

(c) A pedicab that does not meet the equipment requirements
of subdivision (b) shall meet those requirements by January 1,
2017, in order to continue operation.

(d) (1) If a local authority authorizes on-board alcohol
consumption by passengers, the operator of the pedicab shall meet
both of the following requirements:

(A) Provide an on board safety monitor who is at least 21 years
of age.

(B) Both the driver and safety monitor shall have completed the
Licensee Education on Alcohol and Drugs (LEAD) program
implemented by the Department of Alcoholic Beverage Control.

(2) For purposes of this subdivision, passengers who are
pedaling the device are not operators.

end insert begin insert

begin insert 21215.5. end insert   

This article does not preclude a local authority from
imposing more stringent operating or equipment requirements on
a pedicab subject to this article.

end insert begin delete

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.

end delete

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

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.