BILL ANALYSIS �
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UNFINISHED BUSINESS
Bill No: SB 611
Author: Hill (D)
Amended: 8/4/14
Vote: 27 - Urgency
PRIOR SENATE VOTES NOT REVELENT
SENATE TRANSPORTATION & HOUSING COMMITTEE : 8-0, 8/25/14
(Pursuant to Senate Rule 29.10)
AYES: DeSaulnier, Beall, Cannella, Galgiani, Hueso, Lara,
Pavley, Roth
NO VOTE RECORDED: Gaines, Liu, Wyland
ASSEMBLY FLOOR : 75-1, 8/20/14 - See last page for vote
SUBJECT : Limousines: inspection program: safety
requirements
SOURCE : Author
DIGEST : This bill 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.
Assembly Amendments delete the Senate version, which dealt with
the Public Utilities Commission (PUC) now renamed Division of
Ratepayer Advocates, and instead add the current language.
ANALYSIS :
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Existing law:
1. Establishes the "Passenger Charter-Party Carriers Act,"
which directs PUC to issue permits or certificates to
charter-party carrier of passengers (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 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.
This bill:
1. Requires passenger stage corporations (PSCs) and CPCs to
provide a list to PUC specifically identifying each modified
limousine, as specified.
2. Prohibits PUC from issuing to a PSC or CPC any permit,
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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. Provides a definition for "modified limousine," as
specified.
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 terminals of 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 July 1, 2016, and requires CHP to adopt
emergency regulations for purposes of developing and
implementing the inspection program.
9. Requires CHP to establish an inspection fee through the
promulgation of regulations. Specifies 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.
10.Requires the inspection fee to be collected by PUC and
requires CHP to transmit inspection data to PUC.
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11.Adds double-jointing language to avoid chaptering out
conflicts with AB 2752 (Assembly Transportation Committee) of
the current legislative session.
Comments
CPCs and PSCs are regulated by the PUC. CPC's provide limousine
transportation services that are prearranged 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.
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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
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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Assembly Appropriations Committee:
1.The PUC will incur annual special fund costs of around
$200,000 to implement procedures and collect the required data
on limousines for transmission to the CHP and to collect
inspection fees on behalf of DMV.
2.Significant cost to the CHP to establish and implement an
ongoing safety inspection program for modified limousines.
According to the CHP, these costs cannot be determined until
the CHP receives the data from the PUC on the number of
limousines and terminals to be inspected. Annual program
costs would likely be at least $2 million beginning in
2016-17.
SUPPORT : (Verified 8/20/14)
Alliance of Automobile Manufacturers
California Fire Chiefs Association
California Professional Firefighters
California State Sheriffs' Association
Greater California Livery Association
Orange County Fire Authority
ASSEMBLY FLOOR : 75-1, 08/20/14
AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
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Calderon, Campos, Chau, Ch�vez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Eggman, Fong, Fox, Frazier,
Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell,
Gray, Hagman, Hall, Harkey, Roger Hern�ndez, Holden, Jones,
Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein,
Medina, Melendez, Mullin, Muratsuchi, Nazarian, Nestande,
Olsen, Pan, Patterson, Perea, John A. P�rez, V. Manuel P�rez,
Quirk, Quirk-Silva, Rendon, Rodriguez, Salas, Skinner, Stone,
Ting, Wagner, Waldron, Weber, Wieckowski, Wilk, Williams,
Yamada, Atkins
NOES: Donnelly
NO VOTE RECORDED: Grove, Mansoor, Ridley-Thomas, Vacancy
JA:k 8/20/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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