BILL ANALYSIS Ó SENATE COMMITTEE ON TRANSPORTATION AND HOUSING Senator Jim Beall, Chair 2015 - 2016 Regular Bill No: SB 530 Hearing Date: 4/28/2015 ----------------------------------------------------------------- |Author: |Pan | |----------+------------------------------------------------------| |Version: |4/22/2015 | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant|Randy Chinn | |: | | ----------------------------------------------------------------- SUBJECT: Quadricycles DIGEST: This bill expands the definition of "pedicab" to include pedal-powered vehicles that can carry up to 15 passengers, and creates minimum operational and equipment requirements. 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 expands the definition of pedicab to include a device which is primarily pedal-powered, has a seating capacity of not more than 15 passengers, and cannot travel faster than 15 miles per hour. This type of pedicab must be equipped with basic safety equipment including seat belts, seat backs, brakes, reflectors, headlights and grab rails, and must be operated by a 21-year-old adult with a valid California driver's license. Existing devices have until January 1, 2017 to retrofit with this equipment. This bill provides that if a city allows alcohol to be consumed on board, the operator shall also provide an on-board adult safety monitor and both the driver and safety monitor must have completed the Licensee Education on Alcohol and Drugs program implemented by the Department of Alcoholic Beverage Control. 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. The bill creates a minimal regulatory structure with minimum safety and operating requirements. 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. SB 530 (Pan) Page 3 of ? 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. Passengers 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)Competitive Advantage? Some quadricycle operators were concerned that a prior version of the bill provided some operators with a competitive advantage by establishing rules which would require costly retrofits for certain operators. The author has amended the bill and believes he has satisfied those concerns. Related Legislation: AB 604 (Olsen) - Creates a new class of vehicle, known as a 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 22, 2015.) SUPPORT: (prior version) Roberta MacGlashan, Sacramento County Supervisor Off the Chair Pedal On OPPOSITION: (prior version) Sacramento Brew Bike Social Cycle SB 530 (Pan) Page 4 of ? -- END --