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
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|Author: |Pan |
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|Version: |4/22/2015 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant|Randy Chinn |
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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 ?
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