Bill Text: CA SB338 | 2013-2014 | Regular Session | Enrolled
Bill Title: Charter-party carriers of passengers: limousines: fire extinguishers.
Sponsorship: Partisan Bill (Democrat 7)
Status: (Vetoed) 2014-02-27 - Consideration of Governor's veto stricken from file. [SB338 Detail]
Download: California-2013-SB338-Enrolled.html
BILL NUMBER: SB 338 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 12, 2013
PASSED THE ASSEMBLY SEPTEMBER 11, 2013
AMENDED IN ASSEMBLY SEPTEMBER 6, 2013
AMENDED IN ASSEMBLY SEPTEMBER 3, 2013
AMENDED IN ASSEMBLY AUGUST 14, 2013
AMENDED IN ASSEMBLY AUGUST 5, 2013
AMENDED IN SENATE JULY 3, 2013
AMENDED IN SENATE JUNE 19, 2013
AMENDED IN SENATE JUNE 12, 2013
AMENDED IN SENATE MAY 13, 2013
INTRODUCED BY Senator Hill
(Coauthors: Senators DeSaulnier and Yee)
(Coauthors: Assembly Members Campos, Fong, Mullin, and Ting)
FEBRUARY 20, 2013
An act to amend Section 5385.6 of the Public Utilities Code, and
to add Sections 28062 and 34500.4 to the Vehicle Code, relating to
charter-party carriers of passengers.
LEGISLATIVE COUNSEL'S DIGEST
SB 338, Hill. Charter-party carriers of passengers: limousines:
fire extinguishers.
The Passenger Charter-party Carriers' Act places charter-party
carriers of passengers, as defined, under the jurisdiction and
control of the Public Utilities Commission. The act defines a
charter-party carrier of passengers, subject to certain exceptions,
to mean every person that is engaged in the transportation of persons
by motor vehicle for compensation, whether in common or contract
carriage, over any public highway. Existing law requires the
Department of the California Highway Patrol to regulate the safe
operation of motor vehicles engaged in transportation for hire or
compensation and to inspect those vehicles to ensure that they have
the required safety equipment. A violation of these provisions is a
crime.
This bill would require a limousine, as defined, that has been
modified or extended by an original or final-stage manufacturer for
purposes of increasing vehicle length and passenger capacity to be
equipped with 2 readily accessible and fully charged fire
extinguishers, as specified, and would require one fire extinguisher
to be securely mounted in the driver's compartment and at least one
to be accessible to the passengers. The bill would require the driver
or operator of the limousine to notify the passengers of the
location of each fire extinguisher prior to the commencement of any
trip. The bill would require each certificate of registration to
identify whether a limousine with a seating capacity of fewer than 10
passengers has been extended or modified by an original or
final-stage manufacturer for purposes of increasing vehicle length
and passenger capacity and make that information available to the
Department of the California Highway Patrol. The bill would also
require, not later than July 1, 2015, the Department of the
California Highway Patrol to implement a safety inspection program,
as specified, of charter-party carriers of passengers that operate
limousines that have been modified or extended by an original or
final-stage manufacturer for purposes of increasing vehicle length
and passenger capacity. The bill would require the department to
adopt emergency regulations for this purpose. The bill would require
the department to transmit to the Public Utilities Commission
inspection data of limousines inspected pursuant to this program and
would require the original manufacturer or final-stage manufacturer
of a manufactured or aftermarket limousine, as described, to certify
to the department that the vehicle meets all applicable federal and
state motor vehicle safety standards. The bill would also require the
department to adopt regulations to establish an inspection fee to be
paid by a single charter-party carrier operator, as specified. The
bill would require the inspection fee to be collected by the Public
Utilities Commission and deposited into the Motor Vehicle Account in
the State Transportation Fund. 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) Vehicles operated by a charter-party carrier with a seating
capacity of more than 10 passengers have more robust safety
protections, including a requirement to be equipped with a fire
extinguisher and to undergo annual safety inspections by the
Department of the California Highway Patrol, than do limousines that
have been modified or extended for purposes of increasing vehicle
length and passenger capacity with a seating capacity of less than 10
passengers.
(b) It is the intent of the Legislature to increase the safety of
passenger travel in limousines with a seating capacity of less than
10 passengers that have been modified or extended for purposes of
increasing vehicle length and passenger capacity by mandating annual
safety inspections and the installation of fire extinguishers in
those limousines.
(c) It is the intent of the Legislature to provide authority to
the Department of the California Highway Patrol to develop
regulations to create an annual safety inspection program of
charter-party carriers that operate limousines that have been
modified or extended for purposes of increasing vehicle length and
passenger capacity.
SEC. 2. Section 5385.6 of the Public Utilities Code is amended to
read:
5385.6. (a) No charter-party carrier shall operate a limousine as
defined by Section 5371.4 unless the limousine is equipped with the
special license plates issued and distributed by the Department of
Motor Vehicles pursuant to Section 5011.5 of the Vehicle Code.
(b) The commission shall issue to each charter-party carrier
operating limousines a permit or certificate for the number of
vehicles verified by the carrier as employed in providing limousine
service. The permit or certificate shall be submitted to the
Department of Motor Vehicles, which shall issue to each verified
vehicle a set of unique, identifying license plates. The department
shall require each certificate of registration to identify whether a
limousine with a seating capacity of fewer than 10 passengers has
been extended or modified for purposes of increasing vehicle length
and passenger capacity and shall make that information available to
the Department of the California Highway Patrol. The Department of
Motor Vehicles shall maintain a record of each set of plates it
issues and provide a copy of each record to the commission.
(c) The commission shall recover from any carrier whose permit or
certificate is canceled, suspended, or revoked any and all plates
issued pursuant to this section.
(d) The special license plate shall be in lieu of the decal
required to be issued and displayed pursuant to Section 5385.5.
(e) This section shall become operative on July 1, 1995.
SEC. 3. Section 28062 is added to the Vehicle Code, to read:
28062. (a) A limousine, as defined in subdivision (i) of Section
5371.4 of the Public Utilities Code, that has been modified or
extended by an original or final-stage manufacturer for purposes of
increasing vehicle length and passenger capacity shall be equipped
with two readily accessible and fully charged fire extinguishers
having at least 2A10BC 5lb rating and maintained in efficient
operating condition. One fire extinguisher shall be securely mounted
in the driver's compartment and at least one shall be accessible to
the passengers.
(b) The driver or operator of a limousine that has been modified
or extended by an original or final-stage manufacturer for purposes
of increasing vehicle length and passenger capacity shall notify the
passengers of the location of each fire extinguisher prior to the
commencement of any trip.
SEC. 4. Section 34500.4 is added to the Vehicle Code, to read:
34500.4. (a) The Department of the California Highway Patrol
shall have the authority to conduct safety inspections of all
limousines that have been modified or extended by an original or
final-stage manufacturer for purposes of increasing vehicle length
and passenger capacity and that are operated pursuant to the
Passenger Charter-party Carriers' Act (Chapter 8 (commencing with
Section 5351) of Division 2 of the Public Utilities Code).
(b) (1) Not later than July 1, 2015, the Department of the
California Highway Patrol shall implement a safety inspection program
of charter-party carriers of passengers who operate limousines as
described in subdivision (a) that includes, but is not limited to,
the safe operation of the vehicle, the installation of safety
equipment, the retention of maintenance logs, accident reports,
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 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 charter-party carrier of
passengers 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 based on the number of vehicles described in
subdivision (a) operated by a single charter-party carrier that
shall, at a minimum, be twenty-five dollars ($25) per vehicle and
shall be no higher than seventy-five dollars ($75) per vehicle.
(B) A single charter-party carrier operator shall not pay more
than six thousand five hundred dollars ($6,500).
(C) The fee structure established pursuant to this subdivision
shall apply to limousines that have been modified or extended by an
original or final-stage manufacturer for purposes of increasing
vehicle length and passenger capacity that are required to undergo a
safety inspection pursuant to this section.
(D) The fee established pursuant to this subdivision shall be
collected by the California Public Utilities Commission and deposited
into the Motor Vehicle Account in the State Transportation Fund.
(5) The Department of the California Highway Patrol shall transmit
to the Public Utilities Commission inspection data of limousines
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 Division 14.8 (commencing with
Section 34500), and shall require the original manufacturer or the
final-stage manufacturer of a manufactured or aftermarket limousine
that has been modified or extended for purposes of increasing vehicle
length and passenger capacity to certify to the department that the
vehicle meets all applicable federal and state motor vehicle safety
standards.
SEC. 5. 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.
