BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 2294|
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THIRD READING
Bill No: AB 2294
Author: Block (D), et al
Amended: 6/24/10 in Senate
Vote: 21
SENATE TRANSPORTATION & HOUSING COMMITTEE : 6-0, 6/22/10
AYES: Lowenthal, Huff, DeSaulnier, Harman, Pavley, Simitian
NO VOTE RECORDED: Ashburn, Kehoe, Oropeza
ASSEMBLY FLOOR : 73-1, 5/3/10 - See last page for vote
SUBJECT : Drivers licenses for pedicab operators
SOURCE : City of San Diego
DIGEST : This bill defines pedicab and allows local
authorities to license and regulate the operation of
pedicabs for hire including a requirement that an operator
obtain a valid California drivers 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
CONTINUED
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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 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:
1. 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.
2. Allows local authorities to license and regulate the
operation of pedicabs for hire and require the operator
of pedicabs for hire to have a valid California driver's
license.
Background
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
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with pedestrian flow at intersections. To address these
concerns, the city council engaged in a comprehensive
examination of the 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/23/10)
City of San Diego (source)
City of San Marcos
OPPOSITION : (Verified 6/23/10)
California Association of Bicycling Organizations
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ARGUMENTS IN SUPPORT : According to the author's office,
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 of this bill, 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's
office, promote public safety.
ARGUMENTS IN OPPOSITION : The California Association of
Bicycling Organizations (CABO) opposes this bill and
believes requiring commercial operators of pedicabs have a
valid California driver's license (CDL) is inappropriate,
and argues that a testing and certification program for
bicycling operation competency is a better method for
ensuring public safety. CABO believes there a many reasons
not to require pedicab operators to have a CDL, such as the
CDL requires testing in an automobile and some pedicab
operators do not have an automobile or insurance, and the
CDL training does not cover bicycle specific or pedicab
specific material. CABO argues "the fatality that occurred
in San Diego had nothing to do with anything covered by the
information, training or testing for a CDL. On the other
hand, it did have everything to do with the operating
characteristics and passenger handling for pedicabs."
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Arambula, Bass, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Bradford, Brownley, Buchanan, Caballero, Charles
Calderon, Carter, Chesbro, Conway, Cook, Coto, Davis, De
La Torre, De Leon, DeVore, Emmerson, Eng, Evans, Feuer,
Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines,
Galgiani, Garrick, Gilmore, Hagman, Harkey, Hayashi,
Hernandez, Hill, Huber, Huffman, Jeffries, Jones, Lieu,
Logue, Bonnie Lowenthal, Ma, Mendoza, Miller, Monning,
Nava, Nestande, Niello, Nielsen, V. Manuel Perez,
Portantino, Ruskin, Salas, Silva, Skinner, Smyth,
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Solorio, Audra Strickland, Swanson, Torlakson, Torres,
Torrico, Tran, Villines, Yamada
NOES: Anderson
NO VOTE RECORDED: Hall, Knight, Norby, Saldana, John A.
Perez, Vacancy
JJA:do 6/23/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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