Amended in Assembly August 18, 2016

Amended in Assembly August 15, 2016

Amended in Assembly June 29, 2016

Amended in Assembly June 21, 2016

Amended in Assembly June 16, 2016

Amended in Senate May 31, 2016

Amended in Senate April 27, 2016

Amended in Senate April 12, 2016

Amended in Senate March 17, 2016

Amended in Senate February 12, 2016

Senate BillNo. 812


Introduced by Senator Hill

(Principal coauthors: Assembly Members Chiu and Ting)

January 4, 2016


An act to amend Sectionsbegin delete 34501end deletebegin insert 27375, 34501,end insert and 34505.1 of the Vehicle Code, relating to transportation.

LEGISLATIVE COUNSEL’S DIGEST

SB 812, as amended, Hill. begin deleteTour buses: inspection. end deletebegin insertModified limousines and tour buses: standards and inspection.end insert

begin insert

(1) Existing law, on and after January 1, 2017, requires any person operating a modified limousine that is modified prior to July 1, 2015, to ensure that the vehicle is equipped with one or 2 rear windows that the rear seat passengers or all passengers of the vehicle may open from the inside of the vehicle in case of any fire or other emergency.

end insert
begin insert

This bill would extend the operative date of this requirement to January 1, 2018.

end insert
begin delete

Existing

end delete

begin insert(2)end insertbegin insertend insertbegin insertExistingend insert law defines a tour bus to include any bus operated by or for a charter-party carrier of passengers or a passenger stage corporation, with a bus in this respect defined to mean any vehicle designed, used, or maintained for carrying more than 10 persons, including the driver. Existing law provides for the Department of the California Highway Patrol to regulate the safe operation of various classes of vehicles, including tour buses. A violation of various statutes and regulations governing tour buses and operators of tour buses is a crime.

Existing law also requires the department, at least once every 13 months, to inspect every maintenance facility or terminal of any person who at any time operates any bus. Existing law requires that if the bus operation includes more than 100 buses, the inspection shall be without prior notice.

This bill would require the department, if a tour bus has received an unsatisfactory compliance rating, to conduct abegin delete follow upend deletebegin insert followupend insert inspection between 30 and 90 days after the initial inspection during which the unsatisfactory rating was received. The bill would require the department to order a tour bus out of service upon determining during a terminal inspection or at any other time that the condition of a tour bus is such that it has multiple safety violations of a nature that operation of the tour bus could constitute an imminent danger to public safety. The bill would prohibit the tour bus from being operated with passengers until all of the safety violations have been corrected and the department has verified the correction of the safety violations upon a subsequent inspection by the department of the tour bus, which shall occur within five business days of the submission of a reinspection request from the tour bus carrier. By creating a new crime, the bill would impose a state-mandated local program.

begin delete

The

end delete

begin insert(3)end insertbegin insertend insertbegin insertTheend insert California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P3    1begin insert

begin insertSECTION end insertbegin insert1end insertbegin insert.end insert  

end insert

begin insertSection 27375 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to
2read:end insert

3

27375.  

(a) Any person who operates a modified limousine
4shall ensure that the vehicle has at least two rear side doors, as
5specified in paragraph (2), and one or two rear windows, as
6specified in paragraph (1), that the rear seat passengers or all
7passengers of the vehicle may open from the inside of the vehicle
8in case of any fire or other emergency that may require the
9immediate exit of the passengers of the vehicle. A limousine
10subject to this subdivision shall be equipped with both of the
11following:

12(1) (A) Except as provided in subparagraph (B), at least two
13rear push-out windows that are accessible to all passengers. At
14least one push-out window shall be located on each side of the
15vehicle, unless the design of the limousine precludes the installation
16of a push-out window on one side of the vehicle, in which case
17the second push-out window shall instead be located in the roof
18of the vehicle.

19(B) If the design of the limousine precludes the installation of
20even one push-out window on a side of the vehicle, one push-out
21window shall instead be located in the roof of the vehicle.

22(C) The Department of the California Highway Patrol shall
23establish, by regulation, standards to ensure that window exits are
24operable and sufficient in emergency situations for limousine
25passengers. The department shall ensure that these regulations
26comply with any applicable federal motor vehicle safety standards.

27(D) For modified limousines modified prior to July 1, 2015, the
28requirements of this paragraph shall apply on and after January 1,
29
begin delete 2017.end deletebegin insert 2018.end insert

30(2) (A) At least two rear side doors that are accessible to all
31passengers and that may be opened manually by any passenger.
32At least one rear side door shall be located on each side of the
33vehicle.

P4    1(B) For modified limousines modified on or after July 1, 2015,
2at least one of these side doors shall be located near the driver’s
3compartment and another near the back of the vehicle.

4(C) The rear side doors shall comply with any applicable federal
5motor vehicle safety standards as deemed necessary by the
6Department of the California Highway Patrol.

7(b) In the case of a fire or other emergency that requires the
8immediate exit of the passengers from the limousine, the driver of
9the limousine shall unlock the doors so that the rear side doors can
10be opened by the passengers from the inside of the vehicle.

11(c) An owner or operator of a limousine shall do all of the
12following:

13(1) Instruct all passengers on the safety features of the vehicle
14prior to the beginning of any trip, including, but not limited to,
15instructions for lowering the partition between the driver and
16passenger compartments and for communicating with the driver
17by the use of an intercom or other onboard or wireless device.

18(2) Disclose to the contracting party and the passengers whether
19the limousine meets the safety requirements described in this
20section.

21(3) If paragraph (1) of subdivision (d) applies, the owner or
22operator of a limousine shall further disclose to the contracting
23party and the passengers that the limousine does not meet the safety
24requirements required in subdivision (a) regarding vehicle escape
25options because of its exempt status, and therefore may pose a
26greater risk to passengers should emergency escape be necessary.

27(d) (1) Except as provided in paragraph (2), subdivision (a)
28shall not apply to any limousine manufactured before 1970 that
29has an active transportation charter-party carrier (TCP) number
30that was issued by the commission as of August 15, 2013.

31(2) Subdivision (a) shall apply to any limousine manufactured
32before 1970 if it was modified after August 15, 2013.

33

begin deleteSECTION 1.end delete
34
begin insertSEC. 2.end insert  

Section 34501 of the Vehicle Code is amended to read:

35

34501.  

(a) (1) The department shall adopt reasonable rules
36and regulations that, in the judgment of the department, are
37designed to promote the safe operation of vehicles described in
38Section 34500, regarding, but not limited to, controlled substances
39and alcohol testing of drivers by motor carriers, hours of service
40of drivers, equipment, fuel containers, fueling operations,
P5    1inspection, maintenance, recordkeeping, accident reports, and
2drawbridges. The rules and regulations shall not, however, be
3applicable to schoolbuses, which shall be subject to rules and
4regulations adopted pursuant to Section 34501.5.

5The rules and regulations shall exempt local law enforcement
6agencies, within a single county, engaged in the transportation of
7 inmates or prisoners when those agencies maintain other motor
8vehicle operations records which furnish hours of service
9information on drivers which are in substantial compliance with
10the rules and regulations. This exemption does not apply to any
11local law enforcement agency engaged in the transportation of
12inmates or prisoners outside the county in which the agency is
13located, if that agency would otherwise be required, by existing
14law, to maintain driving logs.

15(2) The department may adopt rules and regulations relating to
16commercial vehicle safety inspection and out-of-service criteria.
17In adopting the rules and regulations, the commissioner may
18consider the commercial vehicle safety inspection and
19out-of-service criteria adopted by organizations such as the
20Commercial Vehicle Safety Alliance, other intergovernmental
21 safety group, or the United States Department of Transportation.
22The commissioner may provide departmental representatives to
23 that alliance or other organization for the purpose of promoting
24the continued improvement and refinement of compatible
25nationwide commercial vehicle safety inspection and out-of-service
26criteria.

27(3) The commissioner shall appoint a committee of 15 members,
28consisting of representatives of industry subject to the regulations
29to be adopted pursuant to this section, to act in an advisory capacity
30to the department, and the department shall cooperate and confer
31with the advisory committee so appointed. The commissioner shall
32appoint a separate committee to advise the department on rules
33and regulations concerning wheelchair lifts for installation and use
34on buses, consisting of persons who use the wheelchair lifts,
35representatives of transit districts, representatives of designers or
36manufacturers of wheelchairs and wheelchair lifts, and
37representatives of the Department of Transportation.

38(4) The department may inspect any vehicles in maintenance
39facilities or terminals, as well as any records relating to the dispatch
P6    1of vehicles or drivers, and the pay of drivers, to ensure compliance
2with this code and regulations adopted pursuant to this section.

3(b) The department, using the definitions adopted pursuant to
4Section 2402.7, shall adopt regulations for the transportation of
5hazardous materials in this state, except the transportation of
6materials which are subject to other provisions of this code, that
7the department determines are reasonably necessary to ensure the
8safety of persons and property using the highways. The regulations
9may include provisions governing the filling, marking, packing,
10labeling, and assembly of, and containers that may be used for,
11hazardous materials shipments, and the manner by which the
12shipper attests that the shipments are correctly identified and in
13proper condition for transport.

14(c) (1) At least once every 13 months, the department shall
15inspect every maintenance facility or terminal of any person who
16at any time operates any bus. If the bus operation includes more
17than 100 buses, the inspection shall be without prior notice.

18(2) This subdivision does not preclude the department from
19conducting inspections of tour bus operations with fewer than 100
20buses without prior notice. To the extent possible, the department
21shall conduct inspections without prior notice of any tour bus
22operation, including tour bus operations that have a history of
23noncompliance with safety laws or regulations, that have received
24unsatisfactory ratings, or that have had buses ordered out of service
25for safety violations.

26(3) If a tour bus operator receives an unsatisfactory rating, the
27department shall conduct abegin delete follow upend deletebegin insert followupend insert inspection between
2830 and 90 days after the initial inspection during which the
29unsatisfactory rating was received.

30(d) The commissioner shall adopt and enforce regulations which
31will make the public or private users of any bus aware of the
32operator’s last safety rating.

33(e) It is unlawful and constitutes a misdemeanor for any person
34to operate any bus without the inspections specified in subdivision
35(c) having been conducted.

36(f) The department may adopt regulations restricting or
37prohibiting the movement of any vehicle from a maintenance
38facility or terminal if the vehicle is found in violation of this code
39or regulations adopted pursuant to this section.

P7    1

begin deleteSEC. 2.end delete
2
begin insertSEC. 3.end insert  

Section 34505.1 of the Vehicle Code is amended to
3read:

4

34505.1.  

(a) Upon determining that a tour bus carrier or
5modified limousine carrier has either (1) failed to maintain any
6vehicle used in transportation for compensation in a safe operating
7condition or to comply with the Vehicle Code or with regulations
8contained in Title 13 of the California Code of Regulations relative
9to motor carrier safety, and, in the department’s opinion, that failure
10presents an imminent danger to public safety or constitutes such
11a consistent failure as to justify a recommendation to the Public
12Utilities Commission or the United States Department of
13Transportation or (2) failed to enroll all drivers in the pull notice
14system as required by Section 1808.1, the department shall
15recommend to the Public Utilities Commission that the carrier’s
16operating authority be suspended, denied, or revoked, or to the
17 United States Department of Transportation that appropriate
18administrative action be taken against the carrier’s interstate
19operating authority, whichever is appropriate. For purposes of this
20subdivision, two consecutive unsatisfactory compliance ratings
21for an inspected terminal assigned because the tour bus carrier or
22modified limousine carrier failed to comply with the periodic report
23requirements of Section 1808.1 or the cancellation of the carrier’s
24enrollment by the Department of Motor Vehicles for nonpayment
25of required fees may be determined by the department to be a
26consistent failure. However, when recommending denial of an
27application for new or renewal authority, the department need not
28conclude that the carrier’s failure presents an imminent danger to
29public safety or that it constitutes a consistent failure. The
30department need only conclude that the carrier’s compliance with
31the safety-related matters described in paragraph (1) of subdivision
32(a) is sufficiently unsatisfactory to justify a recommendation for
33denial. The department shall retain a record, by carrier, of every
34recommendation made pursuant to this section.

35(b) Before transmitting a recommendation pursuant to
36subdivision (a), the department shall notify the carrier in writing
37of all of the following:

38(1) That the department has determined that the carrier’s safety
39record is unsatisfactory, furnishing a copy of any documentation
40or summary of any other evidence supporting the determination.

P8    1(2) That the determination may result in a suspension,
2revocation, or denial of the carrier’s operating authority by the
3Public Utilities Commission or the United States Department of
4Transportation, as appropriate.

5(3) That the carrier may request a review of the determination
6by the department within five days of its receipt of the notice
7required under this subdivision. If a review is requested by the
8carrier, the department shall conduct and evaluate that review prior
9to transmitting any notification pursuant to subdivision (a).

10(c) Notwithstanding subdivision (a) or (b), upon determining
11during a terminal inspection or at any other time that the condition
12of a tour bus is such that it has multiple safety violations of a nature
13that operation of the tour bus could constitute an imminent danger
14to public safety, the department shall immediately order the tour
15bus out of service. The tour bus shall not be subsequently operated
16with passengers until all of the safety violations have been
17corrected and the department has verified the correction of the
18safety violations upon a subsequent inspection by the department
19of the tour bus, which shall occur within five business days of the
20submission of a reinspection request from the tour bus carrier to
21the department.

22

begin deleteSEC. 3.end delete
23
begin insertSEC. 4.end insert  

No reimbursement is required by this act pursuant to
24Section 6 of Article XIII B of the California Constitution because
25the only costs that may be incurred by a local agency or school
26district will be incurred because this act creates a new crime or
27infraction, eliminates a crime or infraction, or changes the penalty
28for a crime or infraction, within the meaning of Section 17556 of
29the Government Code, or changes the definition of a crime within
30the meaning of Section 6 of Article XIII B of the California
31Constitution.



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