Amended in Assembly August 31, 2015

Amended in Assembly July 9, 2015

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 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 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, begin insert inspections, end insert 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 for eight 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.

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

(4) The pedicab shall be equipped with seatbelts for all
passengers, seat backs, brakes, reflectors, headlights, and grab
rails. begin insert The pedicab shall be inspected annually for compliance with
the requirements of this paragraph by an entity designated by the
local jurisdiction that authorized the pedicab to operate. The entity
may charge a reasonable fee to cover the costs of the inspection. end insert
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 begin delete pursuant to Division 7
(commencing with Section 16000). end delete begin insert in a minimum amount of one
million dollars ($1,000,000) general liability insurance coverage
and an additional five hundred thousand dollars ($500,000)
general umbrella insurance that covers the pedicab. The local
jurisdiction that authorized the pedicab to operate may require
additional proof of financial responsibility. end insert

(6) A pedicab shall not operate on any highway under the
jurisdiction of the local authority unless authorized by resolution
or ordinance. begin insert A pedicab shall not operate on any freeway and shall
not operate on any highway with a posted speed limit in excess of
30 miles per hour, except to cross the highway at an intersection. end insert

(b) (1) If 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 onboard the
pedicab shall be authorized by local ordinance or resolution.

(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 onboard 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.

(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 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 onboard safety monitor or any employee or agent of the operator
or onboard 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, sealed, and unopened containers that have been
labeled pursuant to Chapter 13 (commencing with Section 25170)
of Division 9 of the Business and Professions Code prior to their
consumption on board the pedicab.

(E) Alcoholic beverages may be consumed by a passenger of
the pedicab only while he or she is physically on board and within
the pedicab.

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

(G) 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 onboard
safety monitor, so long as neither they, nor their employees or
agents sell, serve, or furnish any alcoholic beverage to any
passenger.

(3) For purposes of this section, “alcoholic beverage” has the
same meaning as defined in Section 23004 of the Business and
Professions Code.

(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, the living
quarters of a housecar or 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.

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.