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, inspections, financial responsibility,begin delete andend deletebegin insert reporting of accidents to the Department of the California Highway Patrol, the loading and unloading of passengers, and general operation of pedicabs. The bill would, until January 1, 2020, establish requirements for pedicabs that allowend insert 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
2to Chapter 1 of Division 11 of the Vehicle Code, to read:
3
(a) A pedicab defined in subdivision (c) of Section
7467.5 shall operate subject to all of the following requirements:
8(1) The pedicab shall have a seating capacity for not more than
915 passengers.
10(2) The pedicab shall be authorized by local ordinance or
11resolution to operate within the applicable local jurisdiction.
12(3) The operator of the pedicab shall be at least 21 years of age,
13with a valid California driver’s license.
14(4) The pedicab shall be equipped with seatbelts for all
15passengers, seat backs, brakes, reflectors, headlights, and grab
16rails. The pedicab shall be inspected annually for compliance with
17the requirements of this paragraph by an entity designated by the
18local jurisdiction that authorized the pedicab to operate. The entity
19may charge a reasonable fee to cover the costs of the inspection.
20A pedicab that does not meet these requirements shall meet these
21requirements by January 1, 2017, in order to continue operation.
22(5) The operator of the pedicab shall at all times be able to
23establish financial responsibility
in a minimum amount of one
24million dollars ($1,000,000) general liability insurance coverage
25and an additional five hundred thousand dollars ($500,000) general
26umbrella insurance that covers the pedicab. The local jurisdiction
27that authorized the pedicab to operate may require additional proof
28of financial responsibility.
29(6) A pedicab shall not operate on any highway under the
30jurisdiction of the local authority unless authorized by resolution
31or ordinance. A pedicab shall not operate on any freeway and shall
32not operate on any highway with a posted speed limit in excess of
3330 miles per hour, except to cross the highway at an intersection.
34(b) (1) If alcoholic beverages are consumed on board the
35pedicab, a pedicab defined in subdivision (c) of Section 467.5 shall
36additionally operate subject to all of the following requirements:
37(A) The consumption of alcoholic beverages onboard the
38pedicab shall be authorized by local ordinance or resolution.
39(B) An onboard safety monitor who is 21 years of age or older
40shall be present whenever alcohol is being consumed by passengers
P4 1during the operation of the pedicab. The onboard safety monitor
2shall not be under the influence of any alcoholic beverage and
3shall be considered as driving the pedicab for purposes of Article
42 (commencing with Section 23152) of Chapter 12
of Division 11
5during the operation of the pedicab.
6(C) Both the operator and safety monitor shall have completed
7either the Licensee Education on Alcohol and Drugs (LEAD)
8program implemented by the Department of Alcoholic Beverage
9Control or a training course utilizing the curriculum components
10recommended by the Responsible Beverage Service Advisory
11Board established by the Director of Alcoholic Beverage Control.
12(D) Alcoholic beverages shall not be provided by the operator
13or onboard safety monitor or any employee or agent of the operator
14or onboard safety monitor of the pedicab. Alcoholic beverages
15may only be supplied by the passengers of the pedicab. All
16alcoholic beverages supplied
by passengers of the pedicab shall
17be in enclosed, sealed, and unopened containers that have been
18labeled pursuant to Chapter 13 (commencing with Section 25170)
19of Division 9 of the Business and Professions Code prior to their
20consumption on board the pedicab.
21(E) Alcoholic beverages may be consumed by a passenger of
22the pedicab only while he or she is physically on board and within
23the pedicab.
24(F) All passengers shall be 21 years of age or older if alcohol
25is consumed during the operation of the pedicab.
26(G) For purposes of this subdivision, passengers who are
27pedaling the device are
not operators.
28(2) A license or permit from the Department of Alcoholic
29Beverage Control shall not be required of the operator or onboard
30safety monitor, so long as neither they, nor their employees or
31agents sell, serve, or furnish any alcoholic beverage to any
32passenger.
33(3) For purposes of this section, “alcoholic beverage” has the
34same meaning as defined in Section 23004 of the Business and
35Professions Code.
36(7) The operator of the pedicab shall annually report to the
37Department of the California Highway Patrol, commencing on
38January 1, 2016, any accidents caused or experienced by the
39pedicabs.
P5 1(8) The pedicab shall not load or unload passengers on
2roadways or in the middle of highways.
3(9) Pedicabs shall be operated as close as practicable to the
4right hand curb or edge of the roadway, except when necessary
5to overtake another vehicle, to avoid a stationary object, or when
6preparing to make a left turn.
7(c)
end delete
8begin insert(b)end insert This article only applies to pedicabs defined by subdivision
9(c) of Section 467.5, and does not apply to pedicabs defined in
10subdivision (a) or (b) of Section 467.5.
(a) If alcoholic beverages are consumed on board
12the pedicab, a pedicab defined in subdivision (c) of Section 467.5
13shall additionally operate subject to all of the following
14requirements:
15(1) The consumption of alcoholic beverages onboard the pedicab
16shall be authorized by local ordinance or resolution.
17(2) An onboard safety monitor who is 21 years of age or older
18shall be present whenever alcohol is being consumed by passengers
19during the operation of the pedicab. The onboard safety monitor
20shall not be under the influence of any alcoholic beverage and
21shall be considered as driving the pedicab for purposes of Article
222 (commencing with Section 23152) of Chapter 12 of Division 11
23during the operation of the pedicab.
24(3) Both the operator and safety monitor shall have completed
25either the Licensee Education on Alcohol and Drugs (LEAD)
26program implemented by the Department of Alcoholic Beverage
27Control or a training course utilizing the curriculum components
28recommended by the Responsible Beverage Service Advisory Board
29established by the Director of Alcoholic Beverage Control.
30(4) Alcoholic beverages shall not be provided by the operator
31or onboard safety monitor or any employee or agent of the operator
32or onboard safety monitor of the pedicab. Alcoholic beverages
33may only be supplied by the passengers of the pedicab. All
34alcoholic beverages supplied by passengers of the pedicab shall
35be in enclosed, sealed, and unopened containers that have been
36labeled pursuant to Chapter 13 (commencing with Section 25170)
37of Division 9 of the Business and Professions Code prior to their
38consumption on board the pedicab.
P6 1(5) Alcoholic beverages may be consumed by a passenger of
2the pedicab only while he or she is physically on board and within
3the pedicab.
4(6) All passengers shall be 21 years of age or older if alcohol
5is consumed during the operation of the pedicab.
6(7) For purposes of this subdivision, passengers who are
7pedaling the device are not operators.
8(b) A license or permit from the Department of Alcoholic
9Beverage Control shall not be required of the operator or onboard
10safety monitor, so long as neither they, nor their employees or
11agents sell, serve, or furnish any alcoholic beverage to any
12passenger.
13(c) For purposes of this section, “alcoholic beverage” has the
14same meaning as defined in Section 23004 of the Business and
15Professions Code.
16(d) This section shall remain in effect only until January 1, 2020,
17and as of that date is repealed, unless a later enacted statute, that
18is enacted before January 1, 2020, deletes or extends that date.
This article does not preclude a local authority from
20imposing more stringent operating or equipment requirements on
21a pedicab subject to this article.
Section 23229 of the Vehicle Code is amended to read:
(a) Except as provided in Section 23229.1, Sections
2423221 and 23223 do not apply to passengers in any bus, taxicab,
25or limousine for hire licensed to transport passengers pursuant to
26the Public Utilities Code or proper local authority, the living
27quarters of a housecar or camper, or of a pedicab operated pursuant
28to Article 4.5 (commencing with Section 21215) of Chapter 1.
29(b) Except as provided in Section 23229.1, Section 23225 does
30not apply to the driver or owner of a bus, taxicab, or limousine for
31hire licensed to transport passengers pursuant to the Public Utilities
32Code or proper local authority, or of a pedicab operated pursuant
33to Article 4.5
(commencing with Section 21215) of Chapter 1.
No reimbursement is required by this act pursuant to
35Section 6 of Article XIII B of the California Constitution because
36the only costs that may be incurred by a local agency or school
37district will be incurred because this act creates a new crime or
38infraction, eliminates a crime or infraction, or changes the penalty
39for a crime or infraction, within the meaning of Section 17556 of
40the Government Code, or changes the definition of a crime within
P7 1the meaning of Section 6 of Article XIII B of the California
2Constitution.
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