Bill Text: CA AB863 | 2015-2016 | Regular Session | Chaptered
Bill Title: Modified limousines: passenger safety.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2015-10-04 - Chaptered by Secretary of State - Chapter 480, Statutes of 2015. [AB863 Detail]
Download: California-2015-AB863-Chaptered.html
BILL NUMBER: AB 863 CHAPTERED
BILL TEXT
CHAPTER 480
FILED WITH SECRETARY OF STATE OCTOBER 4, 2015
APPROVED BY GOVERNOR OCTOBER 4, 2015
PASSED THE SENATE AUGUST 27, 2015
PASSED THE ASSEMBLY AUGUST 31, 2015
AMENDED IN SENATE JULY 8, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Dodd
(Principal coauthor: Assembly Member Brown)
(Coauthor: Senator Hill)
FEBRUARY 26, 2015
An act to amend Sections 27375 and 34500.4 of the Vehicle Code,
relating to modified limousines.
LEGISLATIVE COUNSEL'S DIGEST
AB 863, Dodd. Modified limousines: passenger safety.
(1) Existing law, on and after January 1, 2016, requires any
person operating a modified limousine that is modified prior to July
1, 2015, to ensure that the vehicle is equipped with at least 2 rear
side doors and one or 2 rear windows that the rear seat passengers or
all passengers of the vehicle may open from the inside of the
vehicle in case of any fire or other emergency, as specified.
Under this bill, the requirement that those modified limousines be
equipped with one or 2 rear windows would instead apply on and after
January 1, 2017. The bill would make other nonsubstantive changes to
these provisions.
(2) Existing law requires, not later than July 1, 2016, the
Department of the California Highway Patrol to implement a program to
conduct safety inspections of modified limousine terminals that are
operated by passenger stage corporations pursuant to the Public
Utilities Act or by charter-party carriers of passengers pursuant to
the Passenger Charter-party Carriers' Act.
This bill would extend the operative date of the safety inspection
program to July 1, 2017.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 27375 of the Vehicle Code is amended to read:
27375. (a) Any person who operates a modified limousine shall
ensure that the vehicle has at least two rear side doors, as
specified in paragraph (2), and one or two rear windows, as specified
in paragraph (1), that the rear seat passengers or all passengers of
the vehicle may open from the inside of the vehicle in case of any
fire or other emergency that may require the immediate exit of the
passengers of the vehicle. A limousine subject to this subdivision
shall be equipped with both of the following:
(1) (A) Except as provided in subparagraph (B), at least two rear
push-out windows that are accessible to all passengers. At least one
push-out window shall be located on each side of the vehicle, unless
the design of the limousine precludes the installation of a push-out
window on one side of the vehicle, in which case the second push-out
window shall instead be located in the roof of the vehicle.
(B) If the design of the limousine precludes the installation of
even one push-out window on a side of the vehicle, one push-out
window shall instead be located in the roof of the vehicle.
(C) The Department of the California Highway Patrol shall
establish, by regulation, standards to ensure that window exits are
operable and sufficient in emergency situations for limousine
passengers. The department shall ensure that these regulations comply
with any applicable federal motor vehicle safety standards.
(D) For modified limousines modified prior to July 1, 2015, the
requirements of this paragraph shall apply on and after January 1,
2017.
(2) (A) At least two rear side doors that are accessible to all
passengers and that may be opened manually by any passenger. At least
one rear side door shall be located on each side of the vehicle.
(B) For modified limousines modified on or after July 1, 2015, at
least one of these side doors shall be located near the driver's
compartment and another near the back of the vehicle.
(C) The rear side doors shall comply with any applicable federal
motor vehicle safety standards as deemed necessary by the Department
of the California Highway Patrol.
(b) In the case of a fire or other emergency that requires the
immediate exit of the passengers from the limousine, the driver of
the limousine shall unlock the doors so that the rear side doors can
be opened by the passengers from the inside of the vehicle.
(c) An owner or operator of a limousine shall do all of the
following:
(1) Instruct all passengers on the safety features of the vehicle
prior to the beginning of any trip, including, but not limited to,
instructions for lowering the partition between the driver and
passenger compartments and for communicating with the driver by the
use of an intercom or other onboard or wireless device.
(2) Disclose to the contracting party and the passengers whether
the limousine meets the safety requirements described in this
section.
(3) If paragraph (1) of subdivision (d) applies, the owner or
operator of a limousine shall further disclose to the contracting
party and the passengers that the limousine does not meet the safety
requirements required in subdivision (a) regarding vehicle escape
options because of its exempt status, and therefore may pose a
greater risk to passengers should emergency escape be necessary.
(d) (1) Except as provided in paragraph (2), subdivision (a) shall
not apply to any limousine manufactured before 1970 that has an
active transportation charter-party carrier (TCP) number that was
issued by the commission as of August 15, 2013.
(2) Subdivision (a) shall apply to any limousine manufactured
before 1970 if it was modified after August 15, 2013.
SEC. 2. Section 34500.4 of the Vehicle Code is amended to read:
34500.4. (a) Not later than July 1, 2017, the Department of the
California Highway Patrol shall implement a program to conduct safety
inspections of modified limousine terminals that are operated by
passenger stage corporations pursuant to Article 2 (commencing with
Section 1031) of Chapter 5 of Part 1 of Division 1 of the Public
Utilities Code or by charter-party carriers of passengers pursuant to
the Passenger Charter-party Carriers' Act (Chapter 8 (commencing
with Section 5351) of Division 2 of the Public Utilities Code).
(b) (1) The inspection program shall include, but is not limited
to, the safe operation of the vehicle, the installation of safety
equipment, the retention of maintenance logs, accident reports, and
records of driver discipline, compliance with federal and state motor
vehicle safety standards, the examination of a preventative
maintenance program, and, if ownership of the modified limousine has
been transferred, the transmission of relevant safety and maintenance
information of the limousine.
(2) Pursuant to the safety inspection program, the department
shall conduct an inspection of each terminal of a charter-party
carrier of passengers and passenger stage corporation that operates
modified limousines at least once every 13 months.
(3) The department shall adopt emergency regulations for purposes
of this subdivision. The adoption by the department of regulations
implementing this section shall be deemed to be an emergency and
necessary to avoid serious harm to the public peace, health, safety,
or general welfare for purposes of Sections 11346.1 and 11349.6 of
the Government Code, and the department is hereby exempted from the
requirement that it describe facts showing the need for immediate
action to the Office of Administrative Law. The emergency regulations
shall remain in effect for no more than one year, by which time
final regulations shall be adopted.
(4) (A) The department shall adopt regulations to establish an
inspection fee to be collected every 13 months, based on the number
of modified limousines operated by a single charter-party carrier or
passenger stage corporation. The fee shall be in an amount sufficient
to offset the costs to administer the inspection program and shall
not be used to supplant or support any other inspection program
conducted by the department. The fee shall be in addition to any
other required fee. When developing the regulations, the department
shall consider measures that increase efficiencies to limit the
financial impact to charter-party carriers of passengers and
passenger stage corporations subject to the fee. The department shall
promulgate the regulations in consultation with appropriate
interested parties.
(B) The fee structure established pursuant to this subdivision
shall apply to modified limousines that are required to undergo a
safety inspection pursuant to this section.
(C) The fee established pursuant to this subdivision shall be
collected by the Public Utilities Commission and deposited into the
Motor Vehicle Account in the State Transportation Fund to cover the
costs of the inspections conducted by the department.
(5) The department shall transmit to the Public Utilities
Commission inspection data of modified limousine terminals inspected
pursuant to this program, as specified in the program regulations.
(c) Regulations adopted pursuant to this section shall be
consistent with the established inspection program administered by
the department for buses pursuant to this division.
