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 4-wheeled device that is primarily or exclusively pedal-powered, has a seating capacity 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 467.5 of the Vehicle Code is amended
2to read:
“Pedicab” means any 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) A four-wheeled device that is primarily or exclusively
14pedal-powered, has a seating capacity for eight or more
passengers,
15cannot travel in excess of 15 miles per hour, and is being used for
16transporting passengers for hire. A pedicab defined under this
17subdivision is subject to the requirements of Article 4.5
18(commencing with Section 21215) of Chapter 1 of Division 11.
Article 4.5 (commencing with Section 21215) is added
20to Chapter 1 of Division 11 of the Vehicle Code, to read:
21
(a) A pedicab defined in subdivision (c) of Section
25467.5 shall operate subject to all of the following requirements:
P3 1(1) The pedicab shall have a seating capacity for not more than
215 passengers.
3(2) The pedicab shall be authorized by local ordinance or
4resolution to operate within the applicable local jurisdiction.
5(3) The operator of the pedicab shall be at least 21 years of age,
6with a valid California driver’s license.
7(4) The pedicab shall be equipped with seatbelts for all
8passengers, seat backs, brakes, reflectors, headlights, and grab
9rails. A pedicab that does not meet these requirements shall meet
10these requirements by January 1, 2017, in order to continue
11operation.
12(5) The operator of the pedicab shall at all times be able to
13establish financial responsibility pursuant to Division 7
14(commencing with Section 16000).
15(6) A pedicab shall not operate on any highway under the
16jurisdiction of the local authority unless authorized by resolution
17or ordinance.
18(b) (1) If alcoholic beverages are consumed on
board the
19pedicab, a pedicab defined in subdivision (c) of Section 467.5 shall
20additionally operate subject to all of the following requirements:
21(A) The consumption of alcoholic beverages onboard the
22pedicab shall be authorized by local ordinance or resolution.
23(B) An onboard safety monitor who is 21 years of age or older
24shall be present whenever alcohol is being consumed by passengers
25during the operation of the pedicab. The onboard safety monitor
26shall not be under the influence of any alcoholic beverage and
27shall be considered as driving the pedicab for purposes of Article
282 (commencing with Section 23152) of Chapter 12 of Division 11
29during the operation of the pedicab.
30(C) Both the operator and safety monitor shall have completed
31either the Licensee Education on Alcohol and Drugs (LEAD)
32program implemented by the Department of Alcoholic Beverage
33Control or a training course utilizing the curriculum components
34recommended by the Responsible Beverage Service Advisory
35Board established by the Director of Alcoholic Beverage Control.
36(D) Alcoholic beverages shall not be provided by the operator
37or onboard safety monitor or any employee or agent of the operator
38 or onboard safety monitor of the pedicab. Alcoholic beverages
39may only be supplied by the passengers of the pedicab. All
40alcoholic beverages supplied by passengers of the pedicab shall
P4 1be inbegin delete enclosed andend deletebegin insert
enclosed, sealed, andend insert unopened containersbegin insert that
2have been labeled pursuant to Chapter 13 (commencing with
3Section 25170) of Division 9 of the Business and Professions Codeend insert
4 prior to their consumption on board the pedicab.
5(E) Alcoholic beverages may be consumed by a passenger of
6the pedicab only while he or she is physically on board and within
7the pedicab.
16 8(E)
end delete
9begin insert(F)end insert All passengers shall be 21 years of age or older if alcohol
10is consumed during the operation of the pedicab.
19 11(F)
end delete
12begin insert(G)end insert For purposes of this subdivision, passengers who are
13pedaling the
device are not operators.
14(2) A license or permit from the Department of Alcoholic
15Beverage Control shall not be required of the operator or onboard
16safety monitor, so long as neither they, nor their employees or
17agents sell, serve, or furnish any alcoholic beverage to any
18passenger.
19(3) For purposes of this section, “alcoholic beverage” has the
20same meaning as defined in Section 23004 of the Business and
21Professions Code.
22(c) This article only applies to pedicabs defined by subdivision
23(c) of Section 467.5, and does not apply to pedicabs defined in
24subdivision (a) or (b) of Section 467.5.
This article does not preclude a local authority from
26imposing more stringent operating or equipment requirements on
27a pedicab subject to this article.
Section 23229 of the Vehicle Code is amended to read:
(a) Except as provided in Section 23229.1, Sections
3023221 and 23223 do not apply to passengers in any bus, taxicab,
31or limousine for hire licensed to transport passengers pursuant to
32the Public Utilities Code or proper local authority, the living
33quarters of a housecar or camper, or of a pedicab operated pursuant
34to Article 4.5 (commencing with Section 21215) of Chapter 1.
35(b) Except as provided in Section 23229.1, Section 23225 does
36not apply to the driver or owner of a bus, taxicab, or limousine for
37hire licensed to transport passengers pursuant to the Public Utilities
38Code or proper local authority, or of a pedicab operated pursuant
39to Article 4.5 (commencing with Section 21215) of Chapter
1.
No reimbursement is required by this act pursuant to
2Section 6 of Article XIII B of the California Constitution because
3the only costs that may be incurred by a local agency or school
4district will be incurred because this act creates a new crime or
5infraction, eliminates a crime or infraction, or changes the penalty
6for a crime or infraction, within the meaning of Section 17556 of
7the Government Code, or changes the definition of a crime within
8the meaning of Section 6 of Article XIII B of the California
9Constitution.
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