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: 8/19/10 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
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
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 driver's license.
Senate Floor Amendments of 8/19/10 add double-jointing
language with AB 2756 (Blumenfield).
Senate Floor Amendments of 8/12/10 narrow the definition of
"pedicab" by referring to pedicabs that are "being used" to
transport passengers for hire, as opposed to a pedicab that
is being operated on the streets, but is not working for
hire or carrying any passengers, specify that pedicab
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operators on the road have the same rights and
responsibilities as do the drivers of vehicles, and
authorize items that a local agency may require of pedicab
operators other than a driver's license, including a valid
California identification card accompanied by proof of
successful completion of the written portion of the
driver's license examination and proof of successful
completion of a bicycle training course.
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 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 either:
A. A bicycle that has three or more wheels, that
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transports, or is capable of transporting
passengers on seats attached to the bicycle, that
is being 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 being used for
transporting passengers for hire.
2. Allows local authorities to license and regulate the
operation of pedicabs for hire including requiring
pedicab operators have one or more of the following:
A. A valid California driver's license.
B. A valid California identification card and proof
of successful completion of the written portion of
the drivers' license examination administered by
Department of Motor Vehicles, as specified.
C. Proof of successful completion of a bicycle
safety training course certified by the League of
American Bicyclists or similar organization.
3. Contains double-jointing language with AB 2756
(Blumenfield).
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
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
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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.: Yes
Local: Yes
SUPPORT : (Verified 8/12/10)
City of San Diego (source)
City of San Marcos
California League of Cities
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
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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.
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,
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 8/19/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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