Amended in Assembly June 25, 2015

Amended in Assembly June 15, 2015

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 amend begin delete Section 467.5 end delete begin insert Sections 467.5 and 23229 end insert 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 begin delete four-wheeled end delete begin insert 4-wheeled end insert device that is primarily or exclusively pedal-powered, has a seating capacity begin delete of not more than 15 end delete begin insert for 8 or more end insert 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, begin insert a maximum seating capacity for 15 passengers, local authorization to operate, end insert operator qualifications and training, safety equipment, begin insert financial responsibility, end insert and passenger alcohol consumption. Because a violation of these provisions would be a crime, 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 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 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 begin delete of not more than 15 end delete begin insert for 8
or more end insert 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.  

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

begin insert

(1) The pedicab shall have a seating capacity for not more than
15 passengers.

end insert begin insert

(2) The pedicab shall be authorized by local ordinance or
resolution to operate within the applicable local jurisdiction.

end insert begin delete

(a)

end delete

begin insert (3) end insert  The operator of the pedicab shall be at least 21 years of age,
with a valid California driver’s license.

begin delete

(b)

end delete

begin insert (4) end insert  The pedicab shall be equipped with seatbelts for all
passengers, seat backs, brakes, reflectors, headlights, and grab
rails. begin insert A pedicab that does not meet these requirements shall meet
these requirements by January 1, 2017, in order to continue
operation. end insert

begin insert

(5) The operator of the pedicab shall at all times be able to
establish financial responsibility pursuant to Division 7
(commencing with Section 16000).

end insert begin delete

(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.

end delete begin insert

(6) A pedicab shall not operate on any highway under the
jurisdiction of the local authority unless authorized by resolution
or ordinance.

end insert begin delete

(d)

end delete

begin insert (b) end insert  (1) If begin delete a local authority authorizes on-board alcohol
consumption by passengers, end delete begin insert alcoholic beverages are consumed
on board the pedicab, end insert a pedicab defined in subdivision (c) of
Section 467.5 shall additionally operate subject to all of the
following requirements:

begin insert

(A) The consumption of alcoholic beverages on-board the
pedicab shall be authorized by local ordinance or resolution.

end insert begin delete

(A)

end delete

begin insert (B) end insert  An onboard 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. begin insert The on-board safety monitor
shall not be under the influence of any alcoholic beverage and
shall be considered as driving the pedicab for purposes of Article
2 (commencing with Section 23152) of Chapter 12 of Division 11
during the operation of the pedicab. end insert

begin delete

(B)

end delete

begin insert (C) end insert  Both the operator and safety monitor shall have completed
begin insert either end insert the Licensee Education on Alcohol and Drugs (LEAD)
program implemented by the Department of Alcoholic Beverage
begin delete Control. end delete begin insert Control or a training course utilizing the curriculum
components recommended by the Responsible Beverage Service
Advisory Board established by the Director of Alcoholic Beverage
Control. end insert

begin insert

(D) Alcoholic beverages shall not be provided by the operator
or on-board safety monitor or any employee or agent of the
operator or on-board safety monitor of the pedicab. Alcoholic
beverages may only be supplied by the passengers of the pedicab.
All alcoholic beverages supplied by passengers of the pedicab
shall be in enclosed and unopened containers prior to their
consumption on board the pedicab.

end insert begin delete

(C)

end delete

begin insert (E) end insert  All passengers shall be 21 years of age or older if alcohol
is consumed during the operation of the pedicab.

begin delete end delete begin delete

(2)

end delete

begin insert (F) end insert  For purposes of this subdivision, passengers who are
pedaling the device are not operators.

begin insert

(2) A license or permit from the Department of Alcoholic
Beverage Control shall not be required of the operator or on-board
safety monitor, so long as neither they, nor their employees or
agents sell, serve, or furnish any alcoholic beverage to any
passenger.

end insert begin insert

(c) This article only applies to pedicabs defined by subdivision
(c) of Section 467.5, and does not apply to pedicabs defined in
subdivision (a) or (b) of Section 467.5.

end insert

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.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 23229 of the end insert begin insert Vehicle Code end insert begin insert is amended to read: end insert

23229.  

(a) Except as provided in Section 23229.1, Sections
23221 and 23223 do not apply to passengers in any bus, taxicab,
or limousine for hire licensed to transport passengers pursuant to
the Public Utilities Code or proper local authority, begin delete or end delete the living
quarters of a housecar or begin delete camper. end delete begin insert camper, or of a pedicab operated
pursuant to Article 4.5 (commencing with Section 21215) of
Chapter 1. end insert

(b) Except as provided in Section 23229.1, Section 23225 does
not apply to the driver or owner of a bus, taxicab, or limousine for
hire licensed to transport passengers pursuant to the Public Utilities
Code or proper local authority begin insert , or of a pedicab operated pursuant
to Article 4.5 (commencing with Section 21215) of Chapter 1 end insert .

begin delete

(c) This section shall become operative on July 1, 1989.

end delete

begin delete SEC. 3. end delete
begin insert SEC. 4. end insert   

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.