BILL NUMBER: SB 530 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 25, 2015
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 Sections
467.5 and 23229 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 4-wheeled device that is
primarily or exclusively pedal-powered, has a seating capacity
of not more than 15 for 8 or more
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, a maximum seating
capacity for 15 passengers, local authorization to operate,
operator qualifications and training, safety equipment,
financial responsibility, 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 of not more than 15
for 8 or more 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) A pedicab defined in subdivision
(c) of Section 467.5 shall operate subject to all of the following
requirements:
(1) The pedicab shall have a seating capacity for not more than 15
passengers.
(2) The pedicab shall be authorized by local ordinance or
resolution to operate within the applicable local jurisdiction.
(a)
(3) The operator of the pedicab shall be at least 21
years of age, with a valid California driver's license.
(b)
(4) The pedicab shall be equipped with seatbelts for
all passengers, seat backs, brakes, reflectors, headlights, and grab
rails. A pedicab that does not meet these
requirements shall meet these requirements by January 1, 2017, in
order to continue operation.
(5) The operator of the pedicab shall at all times be able to
establish financial responsibility pursuant to Division 7 (commencing
with Section 16000).
(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.
(6) A pedicab shall not operate on any highway under the
jurisdiction of the local authority unless authorized by resolution
or ordinance.
(d)
(b) (1) If a local authority authorizes
on-board alcohol consumption by passengers, alcoholic
beverages are consumed on board the pedicab, a pedicab defined
in subdivision (c) of Section 467.5 shall additionally operate
subject to all of the following requirements:
(A) The consumption of alcoholic beverages on-board the pedicab
shall be authorized by local ordinance or resolution.
(A)
(B) 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. 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.
(B)
(C) Both the operator and safety monitor shall have
completed either the Licensee Education on Alcohol and
Drugs (LEAD) program implemented by the Department of Alcoholic
Beverage Control. 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.
(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.
(C)
(E) All passengers shall be 21 years of age or older if
alcohol is consumed during the operation of the pedicab.
(2)
(F) For purposes of this subdivision, passengers who
are pedaling the device are not operators.
(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.
(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.
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. Section 23229 of the Vehicle
Code is amended to read:
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, or
the living quarters of a housecar or camper.
camper, or of a pedicab operated pursuant to Article
4.5 (commencing with Section 21215) of Chapter 1.
(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 , or of a pedicab operated
pursuant to Article 4.5 (commencing with Section 21215) of Chapter 1
.
(c) This section shall become operative on July 1, 1989.
SEC. 3. SEC. 4. 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.