BILL ANALYSIS
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: AB 2294
SENATOR ALAN LOWENTHAL, CHAIRMAN AUTHOR: Block
VERSION: 4/26/10
Analysis by: Jennifer Gress FISCAL: no
Hearing date: June 15, 2010
SUBJECT:
Driver's licenses for pedicab operators
DESCRIPTION:
This bill defines "pedicab" and permits the County of San Diego,
or a city therein, to adopt a pedicab licensing ordinance that
includes a requirement that an operator obtain a valid
California driver's license.
ANALYSIS:
The California Vehicle Code provides that its provisions are
applicable and uniform throughout the state. One such
provision, which is related to this measure, is that a person
must have a valid driver's license in order to operate a motor
vehicle upon a highway. A local authority may not enact or
enforce any ordinance on matters covered by the Vehicle Code
unless it expressly authorizes a local authority to do so.
Among the subject matters the Vehicle Code permits local
authorities to regulate is the operation of vehicles for hire
(e.g., taxis) and drivers of passenger vehicles for hire,
excluding vehicles that are human-powered, as well as the
operation of bicycles and electric carts on the public
sidewalks. Local authorities may also regulate the registration
of bicycles and the parking and operation of bicycles on
pedestrian or bicycle facilities, provided such regulation is
not in conflict with the California Vehicle Code.
Existing law defines a "bicycle" as a "device upon which any
person may ride, propelled exclusively by human power through a
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belt, chain, or gears, and having one or more wheels." Every
person riding a bicycle upon the highway has all the rights and
is subject to all the provisions applicable to the driver of a
vehicle, except those provisions which by their very nature can
have no application. Bicyclists are not required, however, to
have a driver's license to operate a bicycle upon the highway.
This bill :
Defines "pedicab" as a bicycle that is operated by a person,
that is used for transporting passengers for hire, that has
three or more wheels or pulls a trailer, sidecar, or similar
device, and that transports or is capable of transporting
passengers on seats attached to the bicycle, trailer, sidecar,
or similar device.
Allows the County of San Diego or any city therein to adopt a
pedicab licensing ordinance that includes a requirement that
the pedicab operator have a valid California driver's license.
COMMENTS:
1.Purpose . According to the author, pedicabs operate in high
density areas frequented by tourists, and passengers expect
that the operator will obey the rules of the road and
transport them in a safe manner. The City of San Diego, the
sponsor, contends that a valid California driver's license
indicates that a person has been tested and understands the
rules of the road, an essential competency expected of pedicab
operators. Because of the commercial nature of pedicabs and
the need for motor vehicles and pedicabs to operate in harmony
with one another on the roadways, requiring a California
driver's license will, according to the author, promote public
safety.
2.History of pedicab regulation in San Diego and need for the
bill . The City of San Diego has regulated pedicabs since
2000. In 2007, as the number of pedicabs operating in the
city was increasing, the city received numerous complaints
about pedicabs from downtown residents and businesses. The
complaints primarily concerned the overcharging of fares,
improper parking, and the lack of proof of insurance. There
were also complaints about the volume of pedicabs in certain
areas causing traffic disruption and interfering with
pedestrian flow at intersections. To address these concerns,
the city council engaged in a comprehensive examination of the
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licensing procedures for pedicabs and proposed a series of
changes. The staff recommendations were not acted upon,
however, until a pedicab passenger was fatally injured when
she fell from a moving pedicab on July 4, 2009.
As a result of this accident, the recommendations were brought
before the city council at which time the city attorney
reviewed the existing ordinance and the proposed changes. The
existing ordinance included a requirement that pedicab
operators hold a valid California driver's license, which the
San Diego City Council had originally adopted in 1999. Upon
review ten years later, the city attorney concluded that the
city did not in fact have authority to require a driver's
license of pedicab operators. In a recent memo, the city
attorney argued that the Vehicle Code preempts local
ordinances and articulates the vehicles that require a license
to operate. By specifying motor vehicles, the city attorney
contends that provisions of the Vehicle Code regarding the
types of vehicles that require licenses represent an intention
to exclude human-powered vehicles or devices from licensing
requirements, thus preempting local governments from
establishing such requirements themselves.
Based on this interpretation, the city attorney recommended
that the city council repeal the requirement from its existing
ordinance and seek legislation to explicitly authorize the
city to require one. This bill responds to that
recommendation.
3.Need for the bill debated . Some believe that the City of San
Diego does in fact have the authority to require pedicab
operators to hold a driver's license, noting that several
cities require pedicab operators to have one in order to
operate a pedicab. The opposition contends that having
knowledge of the safe operation of a motor vehicle and of
motor vehicle laws would not have prevented the fatality that
occurred on July 4, 2009. In that incident, according to
media reports, the pedicab operator was riding in an unsafe
manner, swerving from side to side in a "serpentine pattern,"
in an area that was clearly marked for pedestrians only.
Additionally, the pedicab was not equipped with seatbelts, as
required by San Diego's municipal ordinance. Furthermore, the
safety concerns raised by pedicabs may be better addressed
through providing or requiring training for pedicab operators.
Finally, if the city wants to ensure that pedicab operators
understand the rules of the road, the city could develop its
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own written exam, as the City of Portland has.
4.Driver's license to ride a bicycle ? Because a pedicab meets
the definition of "bicycle," the opposition believes it is
inappropriate to require pedicab operators or any bicyclist to
have a driver's license and is concerned that allowing local
governments to require that a pedicab operator possess a
driver's license will pave the way for requiring all
bicyclists to hold one. The opposition argues that many
pedicab operators do not own a motor vehicle or have insurance
and that driver training and testing does not include material
specific to bicycles or pedicabs.
5.Statewide ? Because the need for the bill was disputed, the
Assembly Transportation Committee amended the bill during
committee to limit its applicability to San Diego County and
any city therein. Some cities (e.g., San Francisco) also
require a driver's license to operate a pedicab in that city.
Limiting the authority to San Diego raises a question
regarding whether these other cities would now be operating in
violation of the law. Furthermore, if the authority is
appropriate for San Diego, why not allow it statewide? For
this reason, if this bill moves forward, the author or
committee may wish to amend the bill to provide that its
authority apply statewide.
6.Technical amendments . Rather than create a new section in the
Vehicle Code, the author or committee may wish to consider two
technical amendments to incorporate provisions of the bill
into the relevant areas of current law. First, the amendments
could create a new section in Division 1 of the Vehicle Code
defining "pedicabs." Second, granting authority to local
authorities to require pedicab operators to hold a driver's
license could be incorporated into subdivision (b) of Section
21100, which allows local authorities to license and regulate
vehicles for hire.
Assembly Votes:
Floor: 73-1
Trans: 11-0
POSITIONS: (Communicated to the Committee before noon on
Wednesday,
June 9, 2010)
SUPPORT: City of San Diego (sponsor)
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City of San Marcos
OPPOSED: California Association of Bicycling Organizations