BILL NUMBER: SB 530 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 15, 2015
AMENDED IN SENATE APRIL 22, 2015
AMENDED IN SENATE APRIL 7, 2015
INTRODUCED BY Senator Pan
FEBRUARY 26, 2015
An act to amend Section 467.5 of, and to 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. 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 a
four-wheeled 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 would constitute an
offense, be a crime, this bill would
expand the definition of an existing crime, and would thereby
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.
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 a specified reason.
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 467.5 of the Vehicle Code is amended to read:
467.5. "Pedicab" means either any
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.
(c) A four-wheeled 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.
SEC. 2. 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 Pedicabs
21215. 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 a pedicab defined in subdivision (c) of
Section 467.5 shall additionally operate subject to all of the
following requirements:
(A) Provide an on board safety monitor who is at least 21
years of age. An on-board safety monitor who is 21
years of age or older shall be present whenever alcohol is being
consumed by passengers during the operation of the pedicab.
(B) Both the driver operator and
safety monitor shall have completed the Licensee Education on Alcohol
and Drugs (LEAD) program implemented by the Department of Alcoholic
Beverage Control.
(C) All passengers shall be 21 years of age or older if alcohol is
consumed during the operation of the pedicab.
(2) For purposes of this subdivision, passengers who are pedaling
the device are not operators.
21215.5. This article does not preclude a local authority from
imposing more stringent operating or equipment requirements on a
pedicab subject to this article.
SEC. 3. 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.
SEC. 3. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only 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.