BILL ANALYSIS Ó
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2015 - 2016 Regular
Bill No: SB 530 Hearing Date: 4/21/2015
-----------------------------------------------------------------
|Author: |Pan |
|----------+------------------------------------------------------|
|Version: |4/7/2015 |
-----------------------------------------------------------------
-----------------------------------------------------------------
|Urgency: |No |Fiscal: |Yes |
-----------------------------------------------------------------
-----------------------------------------------------------------
|Consultant|Randy Chinn |
|: | |
-----------------------------------------------------------------
SUBJECT: Quadricycles
DIGEST: This bill creates a new classification of vehicles,
known as quadricycles, and allows them to be operated on streets
and carry passengers, and allows those passengers to consume
alcohol, subject to local approval.
ANALYSIS:
Existing law defines various types of vehicles with differing
rights and responsibilities. Bicycles, motorized bicycles,
pedicabs, neighborhood electric vehicles, motorcycles, passenger
vehicles, and buses are just some of the different types of
vehicles allowed to use California streets and highways.
This bill deals with four-wheeled, primarily pedal-powered
vehicles that carry up to 15 passengers. These are substantial
vehicles, about the size of a car, and can cost up to $100,000.
In Sacramento, San Diego, and other California cities, these
vehicles are used to offer guided riding tours through tourist
and entertainment areas, often accompanied with stops at bars
and restaurants. These businesses have so far been licensed by
the host city without any state involvement. This has created
some uncertainty about whether these vehicles can lawfully use
city streets as there is no existing vehicle definition which
specifically covers them, particularly if the vehicle has a
SB 530 (Pan) Page 2 of ?
motor to assist the pedaling passengers.
This bill establishes a new classification of vehicle, known as
a quadricycle, which is primarily pedal-powered, has an electric
motor to be used in emergencies, and cannot travel faster than
15 miles per hour. Quadricycles must be equipped with hydraulic
brakes, have headlights and reflectors, and be equipped with a
solid floor covering the entire passenger area below the pedals.
Compliance inspections are required annually by the local law
enforcement agency.
Regarding operation of the quadricycle, the bill requires that
the operator must be a driver who is over 21 with a Class C
driver's license.
This bill allows beer and wine to be consumed by the passengers,
subject to local ordinance, if 1) there is an additional safety
monitor on board, 2) the operator and safety monitor have
satisfactorily completed the Licensee Education on Alcohol and
Drugs program implemented by the Department of Alcoholic
Beverage Control, an existing program, 3) the quadricycle
operator does not consume alcohol, 4) the alcohol is provided by
the passengers, 5) the alcohol is served in plastic containers,
and 6) glass containers of alcohol are prohibited.
COMMENTS:
1.Purpose of the bill. The author notes that the four existing
quadricycle companies in California operate under conditions
which vary in each municipality. This bill seeks to establish
a uniform set of rules and a standard of best practices for
quadricycles where alcohol will be consumed on board. The
author notes that the industry is growing rapidly, and that
California should address regulation at a statewide level
before there are any accidents or injuries, as have been
reported in other states.
2.Local control. The quadricycle business is relatively new and
small: There are probably less than a dozen of these types of
vehicles operating in California. The operators are small
businesses who seem to have arrived at satisfactory operating
rules with their local governments. There's no evidence of
operating or safety issues with the vehicles in California.
Other states have had some noise and other issues associated
with alcohol consumption; there was a tip-over in Milwaukee.
SB 530 (Pan) Page 3 of ?
Given the clean track record and nascent state of the
quadricycle industry, a comprehensive state regulatory
structure as envisioned by this bill may be unnecessary,
though there is the question of how to authorize these
vehicles to be operated on California highways. If the
committee wishes to create a minimal regulatory structure,
these vehicles could be defined as pedicabs, an existing
vehicle classification that is a pretty close fit. A pedicab
is defined as 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. This
is the definition used by the city of San Diego to license
their non-motorized quadricycle operators. Defining
quadricycles as pedicabs authorizes their operation on
highways and subjects the pedicab operator to existing laws
regarding driving under the influence of alcohol and drugs.
3.Drink? This bill creates some additional safety requirements
if local governments choose to permit alcoholic beverages to
be consumed on board. The author believes that instituting
minimum state standards will make local permission more
likely. There is precedent for this as limousines permit
alcohol in their passenger compartments. However, there is a
difference in that the quadricycle passengers are active
participants, providing the propulsion for these vehicles.
They are also sitting on stools, sometimes directly above the
road. Moreover, the quadricycles are open-air, and therefore
the drinking will be visible to the public. Current law
prohibits open containers in public spaces if prohibited by
the city or county.
4.Fairness. Some operators believe the bill creates a
competitive advantage for certain operators. Because some
quadricycles don't have backup motors and solid floors, by
definition they don't qualify for the benefits of this bill.
5.Technical amendment. The author and committee may wish to
clarify the definition of the operator of the pedicab to
exclude passengers who are pedaling.
Related Legislation:
AB 604 (Olsen) - Creates a new class of vehicle, known as a
SB 530 (Pan) Page 4 of ?
motorized skateboard, and allows them to operate on streets and
sidewalks.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes
Local: Yes
POSITIONS: (Communicated to the committee before noon on
Wednesday,
April 15, 2015.)
SUPPORT:
Off the Chair
Pedal On, LLC - San Diego
Roberta MacGlashan - Sacramento County Supervisor
OPPOSITION:
None received.
-- END --