BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 530|
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UNFINISHED BUSINESS
Bill No: SB 530
Author: Pan (D)
Amended: 9/3/15
Vote: 21
SENATE TRANS. & HOUSING COMMITTEE: 10-1, 4/28/15
AYES: Cannella, Allen, Bates, Gaines, Galgiani, Leyva,
McGuire, Mendoza, Roth, Wieckowski
NOES: Beall
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SENATE FLOOR: 35-0, 5/18/15
AYES: Allen, Anderson, Bates, Block, Cannella, De León,
Fuller, Gaines, Galgiani, Hancock, Hernandez, Hertzberg, Hill,
Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire,
Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen,
Nielsen, Pan, Roth, Runner, Stone, Vidak, Wieckowski, Wolk
NO VOTE RECORDED: Beall, Berryhill, Hall, Pavley
ASSEMBLY FLOOR: 74-0, 9/8/15 - See last page for vote
SUBJECT: Pedicabs
SOURCE: Author
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.
Assembly Amendments add additional safety and financial
responsibility requirements and impose additional restrictions
on the use of alcohol on board.
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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:
1)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 type of pedicab must be
authorized by local ordinance and cannot operate on a road
with a speed limit greater than 30 mph. Any accidents must be
reported to the California Highway Patrol.
2)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.
Background
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
motor to assist the pedaling passengers.
This bill deals with four-wheeled, primarily pedal-powered
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vehicles that carry up to 15 passengers. These are substantial
vehicles, about the size of a car, and can cost up to $100,000.
Comments
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.
Establishing a regulatory structure. 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 that 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.
This bill creates a regulatory structure with minimum safety and
operating requirements, including minimum financial
responsibility standards. 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.
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
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visible to the public. Current law prohibits open containers in
public spaces if prohibited by the city or county.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
According to the Assembly Appropriations Committee, this bill
incurs 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.
SUPPORT: (Verified9/8/15)
None received
OPPOSITION: (Verified9/8/15)
None received
ASSEMBLY FLOOR: 74-0, 9/8/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,
Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau,
Chiu, Chu, Cooley, Dababneh, Dahle, Daly, Dodd, Frazier, Beth
Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto,
Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Roger
Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey,
Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes,
McCarty, Medina, Mullin, Nazarian, Obernolte, O'Donnell,
Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas,
Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond,
Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Campos, Chávez, Cooper, Eggman, Harper,
Melendez
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Prepared by:Randy Chinn / T. & H. / (916) 651-4121
9/8/15 21:47:12
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