SB 530, as amended, Pan. Pedicabs.
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. These provisions also apply to a pedicab, as defined. A violation of the provisions regulating the operation of a bicycle or pedicab is an offense.
This bill would expand the definition of a pedicab to include abegin insert four-wheeledend insert 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 a violation of these provisions wouldbegin delete constitute an offense,end deletebegin insert be a crime,end insert this bill wouldbegin delete expand the definition of an existing crime, and would therebyend delete impose a state-mandated local program.begin delete By imposing additional duties on local law enforcement, this bill would impose a state-mandated local program.end 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 deleteThis bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
end deleteWith 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 deleteThe 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 insertbegin insertThis bill would provide that no reimbursement is required by this act for a specified reason.
end insertVote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 467.5 of the Vehicle Code is amended
2to read:
“Pedicab” meansbegin delete eitherend deletebegin insert anyend insert of the following:
4(a) A bicycle that has three or more wheels, that transports, or
5is capable of transporting, passengers on seats attached to the
6bicycle, that is operated by a person, and that is being used for
7transporting passengers for hire.
8(b) A bicycle that pulls a trailer, sidecar, or similar device, that
9transports, or is capable of transporting, passengers on seats
10attached to the trailer, sidecar, or similar device, that is operated
11by a
person, and that is being used for transporting passengers for
12hire.
13(c) Abegin insert four-wheeledend insert device that is primarily or exclusively
14pedal-powered, has a seating capacity of not more than 15
15passengers, cannot travel in excess of 15 miles per hour, and is
16being used for transporting passengers for hire. A pedicab defined
P3 1under this subdivision is subject to the requirements of Article 4.5
2(commencing with Section 21215) of Chapter 1 of Division 11.
Article 4.5 (commencing with Section 21215) is added
4to Chapter 1 of Division 11 of the Vehicle Code, to read:
5
A pedicab defined in subdivision (c) of Section 467.5
9shall operate subject to all of the following requirements:
10(a) The operator of the pedicab shall be at least 21 years of age,
11with a valid California driver’s license.
12(b) The pedicab shall be equipped with seat belts for all
13passengers, seat backs, brakes, reflectors, headlights, and grab
14rails.
15(c) A pedicab that does not meet the equipment requirements
16of subdivision (b) shall
meet those requirements by January 1,
172017, in order to continue operation.
18(d) (1) If a local authority authorizes on-board alcohol
19consumption by passengers,begin delete the operator of the pedicab shall meet begin insert a pedicab defined in subdivision (c) of Section 467.5 shall
20bothend delete
21additionally operate subject to allend insert of the following requirements:
22(A) begin deleteProvide an on board safety monitor who is at least 21 years begin insertAn on-board safety monitor who is 21 years of age or older
23of age. end delete
24shall be present whenever alcohol is being consumed by passengers
25during the operation of the pedicab.end insert
26(B) Both thebegin delete driverend deletebegin insert operatorend insert and safety monitor shall have
27completed the Licensee Education on Alcohol and Drugs (LEAD)
28program implemented by the Department of Alcoholic Beverage
29Control.
30(C) All passengers shall be 21 years of age or older if alcohol
31is consumed during the operation of the pedicab.
32(2) For purposes of this subdivision, passengers who are
33pedaling the device are not operators.
This article does not preclude a local authority from
35imposing more stringent operating or equipment requirements on
36a pedicab subject to this article.
No reimbursement is required by this act pursuant to
38Section 6 of Article XIII B of the California Constitution for certain
39costs that may be incurred by a local agency or school district
40because, in that regard, this act creates a new crime or infraction,
P4 1eliminates a crime or infraction, or changes the penalty for a crime
2or infraction, within the meaning of Section 17556 of the
3Government Code, or changes the definition of a crime within the
4meaning of Section 6 of Article XIII B of the California
5Constitution.
6However, if the Commission on State Mandates determines that
7this act contains other costs
mandated by the state, reimbursement
8to local agencies and school districts for those costs shall be made
9pursuant to Part 7 (commencing with Section 17500) of Division
104 of Title 2 of the Government Code.
No reimbursement is required by this act pursuant to
12Section 6 of Article XIII B of the California Constitution because
13the only costs that may be incurred by a local agency or school
14district will be incurred because this act creates a new crime or
15infraction, eliminates a crime or infraction, or changes the penalty
16for a crime or infraction, within the meaning of Section 17556 of
17the Government Code, or changes the definition of a crime within
18the meaning of Section 6 of Article XIII B of the California
19Constitution.
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