BILL ANALYSIS Ó
SB 530
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SENATE THIRD READING
SB
530 (Pan)
As Amended September 3, 2015
Majority vote
SENATE VOTE: 35-0
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+-----------------------+---------------------|
|Transportation |14-0 |Frazier, Achadjian, | |
| | |Baker, Bloom, Chu, | |
| | |Daly, Dodd, Eduardo | |
| | |Garcia, Gomez, Kim, | |
| | |Linder, Medina, | |
| | |Nazarian, O'Donnell | |
| | | | |
|----------------+-----+-----------------------+---------------------|
|Governmental |16-1 |Gray, Linder, Alejo, |Campos |
|Organization | |Bigelow, Cooley, Daly, | |
| | |Cristina Garcia, | |
| | |Eduardo Garcia, | |
| | |Gipson, | |
| | | | |
| | | | |
| | |Roger Hernández, | |
| | |Levine, Mayes, Perea, | |
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| | |Salas, Steinorth, Wilk | |
| | | | |
|----------------+-----+-----------------------+---------------------|
|Appropriations |17-0 |Gomez, Bigelow, Bloom, | |
| | |Bonta, Calderon, | |
| | |Chang, Daly, Eggman, | |
| | |Gallagher, Eduardo | |
| | |Garcia, Holden, Jones, | |
| | |Quirk, Rendon, Wagner, | |
| | |Weber, Wood | |
| | | | |
| | | | |
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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 for eight or more 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 January 1, 2017, in order to
remain in operation.
4)Requires pedicabs, as defined, to be annually inspected by an
entity designated by the local jurisdiction to ensure a
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pedicab meets the requirements specified in this bill.
Further allows the designated entity to charge a reasonable
fee to cover the cost of the inspection.
5)Prohibits a pedicab, as defined, from having a seating
capacity for more than 15 passengers.
6)Requires a pedicab, as defined, to be authorized by a local
ordinance or resolution to operate within the applicable local
jurisdiction. Further prohibits a pedicab from operating on a
freeway or on a highway with a posted speed limit of excess of
30 miles per hour, as specified.
7)Requires the operator of a pedicab, commencing January 1,
2016, to annually report any accidents to the California
Highway Patrol (CHP).
8)Prohibits a pedicab from loading or unloading passengers on
roadways or in the middle of highways.
9)Requires a pedicab to be operated as close as practicable to
the right hand curb or edge of the roadway, except when
necessary to overtake another vehicle, avoid a stationary
object, or when preparing to make a left turn.
10)Requires a pedicab, as defined, to have proof of financial
responsibility, as specified.
11)Requires the pedicab operator to be at least 21 years of age
and hold a valid driver's license.
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12)Provides that for pedicabs where alcohol is consumed by
passengers, the pedicab service is required to:
a) Obtain authorization by the appropriate local authority
through the approval of a local ordinance or resolution;
b) Provide an on-board safety monitor who is at least 21
years of age whenever alcohol is being consumed;
c) Have both the operator and safety monitor complete
either the Licensee Education on Alcohol and Drugs program
implemented by the Department of Alcoholic Beverage Control
or a training course utilizing the curriculum recommended
by the Responsible Beverage Service Advisory Board; and,
d) Permit only passengers that are 21 years of age or older
if alcohol is being consumed.
13)Prohibits the safety monitor from supervising passengers
while being under the influence of any alcoholic beverage and
be subject to certain violations, as specified.
14)Provides that alcoholic beverages may only be supplied by the
passengers of the pedicab, and shall be in enclosed, sealed,
and unopened containers that have been labeled prior to their
consumption on board the pedicab.
15)Provides that a license or permit issued by the Department of
Alcoholic Beverage Control is not required to be obtained by a
pedicab, as defined, if the pedicab operator or its employees
do no sell, serve, or furnish any alcoholic beverage to any
passenger, as specified.
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16) Provides that the provisions specified in this
bill sunset on January 1, 2020.
17)Makes technical conforming changes.
FISCAL EFFECT: According to the Assembly Appropriations
Committee, minor enforcement costs to the Department of
Alcoholic Beverage Control and local law enforcement,
potentially offset to some extent by fine revenues. Training
costs for operator and safety monitors will likely be covered by
fees paid to private training providers.
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.
The author introduced this bill 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
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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. This bill
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.
Please see the policy committee analysis for full discussion of
this bill.
Analysis Prepared by:
Manny Leon / TRANS. / (916) 319-2093 FN:
0002033