BILL ANALYSIS Ó
SB 530
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Date of Hearing: June 22, 2015
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
SB
530 (Pan) - As Amended June 15, 2015
SENATE VOTE: 35-0
SUBJECT: Pedicabs.
SUMMARY: Creates a new category of pedicabs, as defined, and
establishes a set of operational requirements, as specified.
Specifically, this bill:
1)Expands the definition of pedicab to include a four-wheeled
device that is primarily or exclusively pedal-powered, has a
seating capacity of not more than 15 passengers, cannot travel
in excess of 15 miles per hour, and is used for transporting
passengers for hire, as specified.
2)Specifies certain equipment requirements related to this new
category of pedicabs including seatbelts for all passengers,
seat backs, breaks, reflectors, headlights, and grab rails.
3)Specifies that all operating pedicabs must meet the
abovementioned requirements by
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January 1, 2017, in order to remain in operation.
4)Requires the pedicab operator to be at least 21 years of age
and hold a valid driver's license.
5)Provides that for pedicabs that offer on-board alcohol
consumption for passengers, as approved by a local
jurisdiction, the pedicab service is required to:
a) Provide an on-board safety monitor who is at least 21
years of age whenever alcohol is being consumed;
b) Have both the operator and safety monitor complete the
Licensee Education on Alcohol and Drugs program implemented
by the Department of Alcoholic Beverage Control; and,
c) Permit only passengers that are 21 years of age or older
if alcohol is being consumed.
EXISTING LAW:
1)Defines a vehicle as a device by which any person or property
may be propelled, moved, or drawn upon a highway, excepting a
device moved exclusively by human power or used exclusively
upon stationary rails or tracks.
2)Defines pedicabs as either 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 is being used for transporting passengers for
hire, or a bicycle that pulls a trailer, sidecar, or similar
device, that transports passengers on seats attached to a
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trailer or similar device, that is operated by a person, and
is used for transporting passengers, as specified.
3)Specifies that a person riding a bicycle or operating a
pedicab upon a highway has all the rights and is subject to
all the provisions applicable to the driver of a vehicle,
including, but not limited to, provisions relating to driving
under the influence of alcoholic beverages or drugs.
4)Any person possessing any can, bottle, or other receptacle
containing any alcoholic beverage that has been opened, or a
seal broken, or the contents of which have been partially
removed, in any city, county, or city and county owned park or
other city, county, or city and county owned public place, or
any recreation and park district, or any regional park or
open-space district shall be guilty of an infraction if the
city, county, or city and county has enacted an ordinance
that prohibits the possession of those containers in those
areas or the consumption of alcoholic beverages in those
areas.
FISCAL EFFECT: Unknown
COMMENTS: Originally established in Europe, this type of
pedal-powered vehicle, otherwise known as a party bike, beer
bike, or pedibus, has rapidly grown in popularity throughout
cities in the United States. Cities such as Portland, Denver,
and Sacramento all permit some form of this transportation
services within their city. These human pedal-powered vehicles
can generally seat up to fifteen passengers with the steering
and breaking controlled by a driver who does not provide
pedaling power. Additionally, these pedal-powered vehicle's
typically are used to offer guided riding tours through tourist
and entertainment areas, many times accompanied with stops to
local bars and restaurants.
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The author introduced SB 530 to establish a set of safety
standards for this new category of pedicab service (party
bikes). Currently party bike businesses are licensed by the
host city without any state involvement. This has created some
uncertainty about how to properly classify party bikes or how to
prescribe any particular set of safety standards. While there
have been no reported or known party bike accidents within
California, incidents have occurred in other states. For
example, in 2013, a party bike in Minneapolis tipped over while
traveling downhill towards the end of its tour.
Within California, party bike companies currently operate under
conditions which vary in each municipality. SB 530 establishes
a basic set of uniform standards by requiring party bikes to be
equipped with certain safety equipment, requiring party bike
operators to meet particular requirements, and requiring all
party bike operators to meet these requirements before January
1, 2017. The author notes that this industry is growing
rapidly, and that California should address regulation at the
state level before any significant public safety issues arise.
Committee concern: While SB 530 aims to establish a safety
framework to govern party bikes, perhaps the bigger policy
question is should the state pave the way for local
municipalities to allow alcohol consumption by passengers on
party bikes? Currently, local municipalities are not empowered
to grant such authority. Although SB 530 does not deal with
this issue directly, the author has indicated that it is his
intent that local municipalities be allowed to authorize such
activities.
Double referral: This bill will be referred to the Assembly
Government Organization Committee should it pass out of this
committee.
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REGISTERED SUPPORT / OPPOSITION:
Support
BikeSD
California Travel Association
City Cruiser - San Diego
Greater Palm Springs Convention and Visitors Bureau
Honorable Roberta MacGlashan, Sacramento County Supervisor
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Jake's on 6th
La Puerta
Off the Chain
Pedal On, LLC - San Diego
Social Cycle San Diego/Palm Springs
Social Syndicate
The Local Eatery and Drinking Hole
The Local Pacific Beach
Wonderland Ocean Pub
1 private citizen
Opposition
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California Police Chiefs Association
Analysis Prepared by:Manny Leon / TRANS. / (916)
319-2093