BILL ANALYSIS
AB 2294
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2294 (Block and Fletcher)
As Amended August 19, 2010
Majority vote
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|ASSEMBLY: |73-1 |(May 3, 2010) |SENATE: |27-6 |(August 23, |
| | | | | |2010) |
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Original Committee Reference: TRANS.
SUMMARY : Defines the term "pedicab" and authorizes a local
entity to license and regulate the operation of pedicabs for
hire.
The Senate amendments :
1)Recast the bill's provision and make them applicable to any
city or county within the state, not just San Diego County and
the cities within that jurisdiction.
2)Authorize a local authority to require, as a part of licensing
and regulating the operation of pedicabs for hire, one or more
of the following:
a) A valid California driver's license;
b) Proof of completion of a bicycle safety training
course as approved by the League of American Bicyclists
or an equivalent organization as determined by the local
authority; and
c) A valid California identification card and proof of
successful completion of the written portion of the
California driver's license examination, administered by
the Department of Motor Vehicles (DMV).
1)Direct DMV to administer the written examination for pedicab
operators, without a fee, and prescribe procedures for issuing
the certification of completion.
2)Include pedicab operators in provisions assigning to
bicyclists all rights and responsibilities concerning drivers
that are applicable to motor vehicle operators.
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3)Resolve conflict with this bill and AB 2756 (Blumenfield,
2010).
4)Provide that no reimbursement is required by this bill for
local agencies and school districts for reasons as specified.
EXISTING LAW :
1)Authorizes, pursuant to the United States Constitution,
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)Authorizes, pursuant to the California Constitution, a city or
county to make and enforce within its limits all local,
police, sanitary, and other ordinances and regulations not in
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.
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7)Requires California residents who drive a motor vehicle on
public highways to have a DMV driver's license, with specified
exceptions.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version passed in the Senate.
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
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 San Diego County or any city within the county to
adopt a pedicab operator 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, 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."
New and Old San Diego Pedicab Ordinance: On October 12, 2009,
the San Diego City Council enacted a new pedicab ordinance to
better regulate the pedicab industry and restore the safe,
orderly flow of traffic in congested areas. Since that time,
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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 13 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 the following:
1)The DMV driver's license requires testing in an automobile;
most newcomers don't have an automobile or car insurance.
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(This looks like a way to reduce competition for current
operators by adding a hurdle for entry into the field for
pedicab operation by new [usually temporary immigrant]
operators and those who do not own or operate motor vehicles.)
2)The DMV driver's license training or testing does not cover
bicycling specific material/information, etc. or anything
about handling a pedicab.
3)The DMV driver's license doesn't cover pedicab specific
material - where to operate, park, passenger carrying, etc.
Much of this will be specific to the city where the applicant
seeks to work.
4)The fatality that occurred in San Diego had nothing to do with
anything covered by the information, training, or testing for
a DMV driver's license. On the other hand, it did have
everything to do with the operating characteristics and
passenger handling for a pedicab.
Analysis Prepared by : Ed Imai / TRANS. / (916) 319-2093
FN:
0006578