BILL ANALYSIS �
SB 611
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Date of Hearing: June 9, 2014
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
SB 611 (Hill) - As Amended: June 4, 2014
SENATE VOTE : Not relevant
SUBJECT : Modified limousines: inspection program: safety
requirements
SUMMARY : Requires all modified limousines, as defined, to be
equipped with two fire extinguishers and requires the California
Highway Patrol (CHP) to develop and implement an inspection
program for modified limousines, as specified. Specifically,
this bill :
1)Requires passenger stage corporations (PSCs) and charter-party
carrier of passengers (CPCs) to provide a list to the Public
Utilities Commission (PUC) specifically identifying each
modified limousine, as defined, operated by a PSC and CPC and
the terminal location of each modified limousine.
2)Prohibits PUC from issuing to a PSC or CPC any permit,
certificate, or authority to provide transportation services
if all required inspection fees are not submitted to PUC, as
specified. Further requires PUC to terminate any existing
permit, certificate, or authority of a PSC or CPC if all
required inspection fees are not submitted to PUC, as
specified.
3)Requires PUC to no later than January 1, 2015, to provide CHP
with a list of all modified limousines and their terminal
locations in order for CHP to promulgate regulations for a
limousine inspection program.
4)Repeals existing provisions requiring CPCs to obtain special
"livery" license plates issued by the Department of Motor
Vehicles (DMV) and to permanently affix livery plates on all
limousines the CPC operates.
5)Defines "modified limousine" as any vehicle that has been
modified, altered, or extended in a manner that increases the
overall wheelbase of the vehicle in any amount sufficient to
accommodate additional passengers with a seating capacity of
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not more than 10 passengers including the driver and is used
in the transportation of passengers for hire.
6)Requires all modified limousines to be equipped with two fire
extinguishers, as specified. Requires a driver or operator of
a modified limousine to notify passengers of the location of
each fire extinguisher in the vehicle.
7)Requires CHP to establish a limousine inspection program and
requires modified limousines operated by a PSC or CPC to be
inspected by CHP once every 13 months.
8)Requires CHP to implement the limousine inspection program no
later than January 1, 2016, and requires CHP to adopt
emergency regulations for purposes of developing and
implementing the inspection program.
9)Specifies that the limousine inspection program must include
an inspection of, but not be limited to, the installation of
safety equipment, retention of maintenance logs, accident
reports, and driver records.
10)Requires CHP to establish an inspection fee through the
promulgation of regulations that will be applied to modified
limousines subject to inspection. Specified the inspection
fee will be collected every 13 months, based on the number of
modified limousines operated by a PSC or CPC, and set at the
amount necessary to cover CHP's cost to administer the
limousine inspection program.
11)Requires the inspection fee to be collected by PUC.
12) Requires CHP to transmit inspection data to PUC.
13) Makes additional conforming and technical changes.
EXISTING LAW :
1)Establishes the "Passenger Charter-Party Carriers Act," which
directs the PUC to issue permits or certificates to CPCs,
investigate complaints against carriers, and cancel, revoke,
or suspend permits and certificates for specific violations.
2)Defines "charter-party carrier of passengers" as every person
engaged in the transportation of persons by motor vehicle for
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compensation, whether in common or contract carriage, over any
public highway in the state.
3)Defines "passenger stage corporation" as a corporation or
person engaged as a common carrier, for compensation, in the
ownership, control, operation, or management of any passenger
stage over any public highway in the state between a fixed
termini or over a regular route, as specified.
4)Defines "limousine" as any sedan or sport utility vehicle,
either standard or extended length, with a seating capacity of
not more than 10 passengers including the driver, that is used
for transportation of passengers for hire on a prearranged
basis.
5)Defines a "bus" as a vehicle designed, used, or maintained for
carrying more than 10 persons, including the driver, which is
used to transport persons for compensation or profit, or is
used by any nonprofit organization or group.
6)Prohibits a dealer from selling or from offering for sale a
vehicle that does not conform to federal vehicle safety
standards. Additionally, prohibits a person from selling or
offering for sale for use upon a vehicle an item of equipment
that does not conform to federal vehicle safety standards.
7)At the federal level, prohibits states from imposing vehicle
equipment standards that are inconsistent with or conflict
with any related federal standard.
8)Requires CHP to inspect and regulate the safe operation to of
various types of vehicles, such as buses, as specified.
9)Requires PSCs to provide an annual list to PUC that identifies
all vehicles used in transportation for compensation during
the preceding year and requires PUC to provide the list to
CHP.
10)Requires a limousine operated by a CPC to display a specialty
license plate issued by DMV that includes the word "Livery."
FISCAL EFFECT : Unknown
COMMENTS : CPCs and PSCs are regulated by the PUC. CPC's
provide limousine transportation services that are prearranged
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by a "chartering party" (e.g. person or group) and are designed
to allow the chartering party to have control over the
transportation - i.e., when and where the trip originates and
ends and the itinerary in between that period. Additionally,
CPCs may not charge individual fares; rather, fees are based on
vehicle mileage, time of use, or some combination thereof. PSCs
typically provide scheduled services over fixed routes and
charge individual fees. PSCs also provide on call "door to
door" shuttle services, such as airport shuttle service.
However, PSCs may also operate limousine transportation services
similar to CPCs. The key difference is that CPSs solely operate
chartered limousine transportation services whereas PSCs may
operate both shuttle and limousine services.
PSCs and CPCs that operate limousines with a seating capacity
for more than 10 passengers are subject to commercial vehicle
regulatory requirements and thus must comply with the same
driver safety and vehicle maintenance requirements as charter
buses or shuttles, including CHP vehicle inspections, driver
certifications, and hours of service requirements. However,
PSCs and CPCs that operate limousines with a seating capacity of
less than 10 passengers remain classified as passenger vehicles
and are not subject to the abovementioned requirements. Rather,
these limousine operators must submit to the PUC an application
to obtain a permit or certificate, pay a fee, and provide
adequate evidence of financial responsibility. Upon receiving a
permit or certificate, ongoing or periodic vehicle inspections
are not required to be conducted by PUC or CHP. A carrier
permit or certification is valid for three years from the time
of issuance and requires a carrier to submit a renewal
application and provide the proper documentation accordingly.
PSCs and CPCs may be subject to a PUC investigation under
specific circumstances including, a complaint by a customer, a
complaint by an industry or law enforcement entity, or a notice
of lapsed or cancelled insurance policies; however a safety
inspection of limousines is not required.
Last year, over a two-month period, two limousine fires occurred
in Northern California. On May 5, 2013, a limousine fire
occurred on the San Mateo-Hayward bridge killing five passengers
who were unable to escape the vehicle. Several of the other
passengers were able to exit the limousine only after climbing
through the partition window separating the passengers from the
driver. On June 11, 2013, nine passengers successfully exited a
limousine in Walnut Creek prior to the vehicle catching fire
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while idling. In both cases, the modified limousines were not
subject to CHP inspections due to the vehicle's seating capacity
being less than 10 passengers.
In response to these incidents, the author introduced SB 338
which would have required modified limousines to be equipped
with two fire extinguishers and directed CHP to develop and
implement a limousine inspection program. The Governor
ultimately vetoed SB 338 and requested the Legislature to send
him similar legislation with a provision authorizing CHP to
charge a fee for the actual cost to perform the inspections.
This bill is in response to the Governor's veto message and is
aimed to increase safety in the limousine industry. The author
asserts this bill will improve the safety standards for modified
limousines by bringing them in line with the safety standards
for larger charter-party vehicles. Additionally, this bill
attempts to resolve the Governor's concerns by authorizing CHP
to collect inspection fees sufficient to offset the cost to
administer the inspection program. Lastly, by requiring PSCs
and CPCs to provide a list of all operating modified limousines
and terminal locations, the provisions in this bill intend to
provide CHP with sufficient data to develop an effective
inspection program that will capture all modified limousines
operating on the state's roads and highways.
Double referred : This bill is also referred to the Assembly
Utilities and Commerce Committee where it will be directed if it
successfully passes out of this committee.
Previous legislation : SB 338 (Hill), almost identical to this
bill, required extended or modified limousines to be equipped
with two fire extinguishers and required CHP to develop and
implement an inspection program for extended or modified
limousines, as specified. This bill was vetoed by the Governor.
REGISTERED SUPPORT / OPPOSITION :
Support
Greater California Livery Association
California Fire Chiefs Association
California State Sheriffs' Association
Alliance of Automobile Manufacturers
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Opposition
None on file
Analysis Prepared by : Manny Leon / TRANS. / (916) 319-2093