Bill Text: CA SB109 | 2013-2014 | Regular Session | Chaptered

California Senate Bill 109 (Prior Session Legislation)

Bill Title: Charter-party carriers: limousines: emergency exits.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Passed) 2013-10-11 - Chaptered by Secretary of State. Chapter 752, Statutes of 2013. [SB109 Detail]

Download: California-2013-SB109-Chaptered.html

BILL NUMBER: SB 109	CHAPTERED
	BILL TEXT

	CHAPTER  752
	FILED WITH SECRETARY OF STATE  OCTOBER 11, 2013
	APPROVED BY GOVERNOR  OCTOBER 11, 2013
	PASSED THE SENATE  SEPTEMBER 12, 2013
	PASSED THE ASSEMBLY  SEPTEMBER 10, 2013
	AMENDED IN ASSEMBLY  SEPTEMBER 6, 2013
	AMENDED IN ASSEMBLY  AUGUST 30, 2013
	AMENDED IN ASSEMBLY  AUGUST 26, 2013
	AMENDED IN ASSEMBLY  JUNE 26, 2013
	AMENDED IN ASSEMBLY  JUNE 10, 2013
	AMENDED IN SENATE  APRIL 8, 2013

INTRODUCED BY   Senator Corbett

                        JANUARY 14, 2013

   An act to add Section 5385.7 to the Public Utilities Code, and to
add Article 3.4 (commencing with Section 27375) to Chapter 5 of
Division 12 of the Vehicle Code, relating to charter-party carriers.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 109, Corbett. Charter-party carriers: limousines: emergency
exits.
   (1) 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. Existing law imposes certain penalties for
violation of the act. The act also defines a "limousine" for these
purposes and imposes specified requirements applicable only to the
operator or driver of a limousine. Existing law imposes various
additional requirements on the operator of a limousine for hire. A
violation of these requirements is a crime.
   This bill would prohibit any person from operating in any city,
county, or city and county, a limousine that has been modified or
extended for purposes of increasing vehicle length in an amount
sufficient to accommodate additional passengers unless the limousine
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.
   The bill would apply these provisions to all limousines that were
modified or extended for purposes of increasing vehicle length in an
amount sufficient to accommodate additional passengers on or after
July 1, 2015, and, beginning January 1, 2016, to all limousines
modified or extended for purposes of increasing vehicle length in an
amount sufficient to accommodate additional passengers prior to July
1, 2015, except as specified. The bill would require the driver of
the limousine, in the case of any fire or other emergency, as
specified, to unlock the doors so that the rear side doors can be
opened from the inside of the vehicle and would require an owner or
operator of a limousine to instruct all passengers on the safety
features of the vehicle prior to the beginning of any trip and to
disclose whether the limousine meets the safety requirements
described in this bill.
   (2) Because the bill would create new crimes, the 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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 5385.7 is added to the Public Utilities Code,
to read:
   5385.7.  A charter-party carrier shall not operate a limousine, as
defined by Section 5371.4, that has been modified or extended for
purposes of increasing vehicle length in an amount sufficient to
accommodate additional passengers, unless the limousine is equipped
with emergency exits at the rear of the vehicle as required pursuant
to Article 3.4 (commencing with Section 27375) of Chapter 5 of
Division 12 of the Vehicle Code. The commission shall adopt rules to
implement this section.
  SEC. 2.  Article 3.4 (commencing with Section 27375) is added to
Chapter 5 of Division 12 of the Vehicle Code, to read:

      Article 3.4.  Emergency Exits for Charter-Party Carriers of
Passengers


   27375.  (a) Any person who operates a limousine, as defined in
subdivision (i) of Section 5371.4 of the Public Utilities Code, in
any city, county, or city and county, that has been modified or
extended for purposes of increasing vehicle length in an amount
sufficient to accommodate additional passengers shall ensure that the
vehicle has at least two rear side doors 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 section 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.
   (2) 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. For
vehicles modified or extended for purposes of increasing vehicle
length in an amount sufficient to accommodate additional passengers
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. These 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 any 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 (3) 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) Subdivision (a) shall apply to all limousines modified or
extended for purposes of increasing vehicle length in an amount
sufficient to accommodate additional passengers on or after July 1,
2015.
   (2) Subdivision (a) shall, beginning January 1, 2016, apply to all
limousines that were modified or extended for purposes of increasing
vehicle length in an amount sufficient to accommodate additional
passengers prior to July 1, 2015.
   (3) Except as provided in paragraph (4), subdivision (a) shall not
apply to any limousine manufactured prior to 1970 and that has an
active transportation charter-party carrier (TCP) number as of August
15, 2013.
   (4) Subdivision (a) shall apply to any limousine manufactured
prior to 1970 if it is modified or extended for the purpose of
increasing vehicle length in an amount sufficient to accommodate
additional passengers after August 15, 2013.
  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.