BILL ANALYSIS
AB 2294
Page 1
Date of Hearing: April 19, 2010
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
AB 2294 (Block) - As Introduced: February 18, 2010
SUBJECT : Pedicabs: local licensing ordinance
SUMMARY : Defines the term "pedicab" and authorizes a city or
county to adopt a pedicab licensing ordinance or resolution that
includes, but is not limited to, a requirement that the pedicab
operator obtain a valid California Department of Motor Vehicles
(DMV) driver's license. Specifically, this bill :
1)Defines the term "pedicab" as either:
a) 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 that is used for transporting passengers for
hire.
b) A bicycle that pulls a trailer, sidecar, or similar
device, that transports, or is capable of transporting,
passengers on seats attached to the trailer, sidecar, or
similar device, that is operated by a person, and that is
used for transporting passengers for hire.
2)Authorizes a city or county to adopt a pedicab licensing
ordinance or resolution that includes, but not limited to, a
requirement that the operator of the pedicab obtain a valid
DMV driver's license.
EXISTING LAW :
1)Pursuant to the United States Constitution, authorizes
governments to exercise reasonable control over persons and
property within its jurisdiction in the interest of the
general security, health, safety, morals, and welfare except
where legally prohibited.
2)Pursuant to the California Constitution, authorizes a city or
county to make and enforce within its limits all local,
police, sanitary, and other ordinances and regulations not in
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conflict with general laws.
3)Authorizes local authorities to adopt rules and regulations by
ordinance or resolution regarding, among other matters:
a) The licensing and regulating the operation of vehicles
for hire and drivers of passenger vehicles for hire; and,
b) The operation of bicycles and electric carts, as
defined, on the public sidewalks.
4)Authorizes a city or county that adopts a bicycle licensing
ordinance or resolution, to prohibit the operation of a
bicycle on any street, road, highway, or other public property
within the jurisdiction of the city or county unless the
bicycle is licensed in accordance with the adopted standards.
5)Establishes that a bicycle rider upon a highway has all the
rights and is subject to all the provisions applicable to the
driver of a vehicle, as specified.
6)Defines a bicycle as a device upon which any person may ride,
propelled exclusively by human power through a belt, chain, or
gears, and having one or more wheels.
7)Requires California residents who drive a motor-vehicle on
public highways to have a DMV driver's license, with specified
exceptions.
FISCAL EFFECT : Unknown
COMMENTS : Pedicabs are foot-operated bicycle taxis that carry
their passengers in open-air seating. They are pollution free
and provide an alternative to regular taxicabs for
short-distance travel. In California, pedicab fleets can be
found in Sacramento, San Diego, San Francisco, San Jose, Santa
Barbara, Santa Cruz, Stockton, and elsewhere.
Existing law authorizes a city or county to adopt and enforce
any local ordinance governing zoning, business licensing, and
reasonable health and safety requirements. Accordingly, local
entities are separately enacting ordinances to regulate the
operation of pedicabs within their local jurisdictions. Similar
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to San Diego's prior pedicab ordinance, most of the California
cities with pedicab ordinances currently require a DMV driver's
license in order to obtain an operating permit. This bill would
authorize a city or county to adopt a pedicab ordinance or
resolution that would include, but not be limited to, a
requirement for the operator to have a valid DMV driver's
license.
Purpose of this bill : According to the author's office, the
City of San Diego's (San Diego) attorneys contend that they do
not have the explicit authority to require a DMV driver's
license as a condition of issuing a local pedicab-for-hire
operating permit. Originally, their ordinance required, similar
to what other California local entities now require, a valid DMV
driver's license as a condition of obtaining an operators
license. San Diego's purpose, in introducing this bill, is "to
improve public safety by allowing cities to require operators of
pedicabs to obtain a DMV driver's license, thereby ensuring
knowledge of road rules and traffic safety."
Local regulatory ordinances :
Currently, local ordinances are enacted to regulate the pedicab,
business owner, and driver as follows:
1)License and registration of the foot-operated bicycle taxi or
pedicab. This ensures that the pedicab is under proper
ownership and a label is properly placed or stamped upon the
pedicab. Some local entities ensure that the pedicab is
properly maintained, have seatbelts, working lights, etc.
2)Business operating license for the pedicab business. This
often requires proper government-issued identification,
business plan, liability insurance, etc. An annual operating
business permit along with fees is usually required. In most
cases, the business owner operates a fleet of pedicabs and has
employees to drive them.
3)Pedicab driver operating license. This often requires a
requirement for a valid government-issued identification, pass
a criminal background check, and successfully complete a
pedicab driver safety training class.
New and Old San Diego Pedicab Ordinance : On October 12, 2009,
the San Diego City Council enacted a new pedicab ordinance to
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better regulate the pedicab industry and restore the safe,
orderly flow of traffic in congested areas. Since that time,
and pursuant to the requirements of the ordinance, San Diego
began issuing approximately 250 restricted zone operating permit
decals to pedicab owners and operators. The decals permit
pedicab operators to conduct business in any four restricted
zones located throughout the city, including downtown. In
accordance with the new ordinance, instead of a DMV driver's
license, a valid form of federal- or state-issued photo
identification is required when applying for the driver's
operating permit.
The prior San Diego pedicab ordinance required a DMV driver's
license as a condition of the operating permit. However,
according to city council notes, "because pedicabs are human
powered vehicles, the city cannot require a motor vehicle
driver's license to operate a pedicab, just as we cannot require
a driver's license to operate a bicycle. The city could seek
legislation in Sacramento to amend the Vehicle Code to delegate
the authority to regulate pedicabs to local jurisdictions, this
would allow the city to require a valid California driver's
license to operate a pedicab to assure that the pedicab operator
has demonstrated knowledge of the rules of the road before being
allowed to transport passengers for hire."
DMV driver's license and pedicab safe operations : This bill was
the subject of debate of the California Bicycle Advisory
Committee at its April 8, 2010 meeting. Formed by the
California Department of Transportation (Caltrans) in 1992, the
committee is composed of thirteen members who represent various
California agencies and organizations. The committee provides
guidance to Caltrans on bicycle issues. At the meeting, members
generally indicated to the author's office that they questioned
the need for this bill, especially as local governments
currently regulate pedicab operations without state
intervention. Members also indicated that the requirement of a
DMV driver's license would not provide the pedicab operator with
greater knowledge of operating a pedicab in roadway traffic or
increased ability to drive a pedicab safer. It should be noted
that no bicycle representative or organization spoke in favor of
this bill.
Writing in opposition to this bill, the Californian Association
of Bicycling Organizations (CABO) indicates that the DMV
driver's license is "inappropriate and inadequate to be required
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of commercial operators of pedicabs. If the justification for
such a requirement is to protect the passengers and others from
the kind of crashes that led to the fatality in San Diego, there
is a better way: a testing and certification program for
bicycling operation competency."
Suggested committee amendment : The committee suggests that the
scope of the bill be narrowed from statewide applicability to
just San Diego. Other entities throughout the state that have
adopted local pedicab business license ordinances with the
requirement for pedicab drivers to have a DMV license have not
requested this clarification or authorization in statute.
REGISTERED SUPPORT / OPPOSITION :
Support
City of San Diego (sponsor)
City of San Marcos
Opposition
California Association of Bicycle Organizations
Analysis Prepared by : Ed Imai / TRANS. / (916) 319-2093