BILL NUMBER: SB 247 AMENDED
BILL TEXT
AMENDED IN SENATE JANUARY 4, 2016
AMENDED IN SENATE JULY 16, 2015
AMENDED IN SENATE APRIL 7, 2015
INTRODUCED BY Senator Lara
FEBRUARY 18, 2015
An act to add Section 5384.3 to the Public Utilities Code,
relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
SB 247, as amended, Lara. Charter bus transportation: safety
improvements.
The Passenger Charter-party Carriers' Act, with certain
exceptions, prohibits a charter-party carrier of passengers from
engaging in transportation services subject to regulation by the
Public Utilities Commission without obtaining a specified certificate
or permit, as appropriate, from the commission, and imposes various
other requirements on charter-party carriers of passengers. The act
provides for the safety regulation of charter-party carriers of
passengers engaged in charter bus transportation by the commission. A
violation of the act is a crime.
This bill would require a charter-party carrier of passengers
engaged in charter bus transportation to ensure that the driver of a
charter bus performs 2 specified tasks prior to any trip
that include, among other things, provides oral and
written instructions to all passengers on the safety equipment
and emergency exits on the vehicle. vehicle
prior to the beginning of any trip and that the charter bus is
equipped with specified safety equipment. The bill would
also require those vehicles manufactured after July 1, 2017, to be
equipped with a secondary door for use as an additional emergency
exit. The bill would require the Department of the California Highway
Patrol to adopt, no later than July 1, 2017, standards and criteria
for the implementation of these safety requirements. The bill
would also make related findings and declarations
and declare the intent of the Legislature to enact specified
legislation to require safety improvements on charter buses.
declarations.
Because a violation of these provisions would be a crime, this
bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) The safety of passengers traveling in charter buses in
California is of the utmost importance. According to the Federal
Motor Carrier Safety Administration, between 1975 and 2012,
2013, there were over 11,000 fatal crashes
involving charter buses, including 1,567
1,615 occupant fatalities. Improved safety standards and
practices are necessary to better protect passengers in the event of
a charter bus crash.
(b) On April 10, 2014, in Orland Orland,
California, eight passengers traveling on a charter bus, along
with the driver, were tragically killed in a freeway collision. In a
report released in 2015, the National Transportation Safety Board
examined the crash and made recommendations for safety improvements,
including fire performance standards for interior materials,
requiring pretrip safety briefings for passengers, improvements in
vehicle design to facilitate evacuation, and the installation of
event data recorder (EDR) technology for crash reconstruction and
safety improvements.
(c) These improvements would significantly increase passenger
safety and would reduce or prevent future deaths in traffic
collisions involving charter buses.
SEC. 2. It is the intent of the Legislature to
enact legislation that would require charter buses to implement all
of the following safety improvements:
(a) Burn resistant materials for occupant compartments.
(b) Emergency lighting fixtures with self-contained independent
power sources that will turn on in the event of an accident.
(c) Interior and exterior luminescent or retro-reflective
emergency signage.
(d) An event data recorder capable of recording certain
vehicle-related data in the event of sudden deceleration or hard
braking.
(e) Bus windows that can be easily opened and remain open during
an emergency.
(f) That new buses be equipped with a secondary door for use as an
additional emergency exit.
SEC. 3. SEC. 2. Section 5384.3 is
added to the Public Utilities Code, to read:
5384.3. (a) A charter-party carrier of
passengers engaged in charter bus transportation shall ensure that
the driver of a vehicle as described in
paragraph (1) of subdivision (b) of Section 5363 performs
both of the following tasks prior to any trip: is
operated in compliance with both of the following:
(a) Instructs
(1) The driver of the vehicle shall
instruct all passengers on the safety equipment and emergency
exits on the vehicle. vehicle prior to the
beginning of any trip and provide each passenger with written
instructions that include, at a minimum, a demonstration of the
location and operation of all exits, including emergency exits, and
the importance of wearing a seatbelt, if available.
(b) Provides each passenger with written instructions that
include, at a minimum, the location and operation of all exits,
including emergency exits, and the importance of wearing a seatbelt,
if available.
(2) The vehicle shall be equipped with all of the following:
(A) Burn resistant materials for occupant compartments.
(B) Emergency lighting fixtures with self-contained independent
power sources that will turn on in the event of an impact or
collision.
(C) Interior and exterior luminescent or retroreflective emergency
signage.
(D) An event data recorder capable of recording certain
vehicle-related data in the event of sudden deceleration or hard
braking.
(E) Windows that can be easily opened and remain open during an
emergency.
(b) A vehicle as specified in subdivision (a), manufactured on or
after July 1, 2017, shall also be equipped with a secondary door for
use as an additional emergency exit.
(c) The Department of the California Highway Patrol shall adopt,
no later than July 1, 2017, standards and criteria for the
implementation of the safety requirements specified in paragraph (2)
of subdivision (a).
SEC. 4. SEC. 3. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII
B of the California Constitution.