Bill Text: CA SB530 | 2015-2016 | Regular Session | Chaptered
Bill Title: Pedicabs.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2015-10-04 - Chaptered by Secretary of State. Chapter 496, Statutes of 2015. [SB530 Detail]
Download: California-2015-SB530-Chaptered.html
BILL NUMBER: SB 530 CHAPTERED
BILL TEXT
CHAPTER 496
FILED WITH SECRETARY OF STATE OCTOBER 4, 2015
APPROVED BY GOVERNOR OCTOBER 4, 2015
PASSED THE SENATE SEPTEMBER 10, 2015
PASSED THE ASSEMBLY SEPTEMBER 8, 2015
AMENDED IN ASSEMBLY SEPTEMBER 3, 2015
AMENDED IN ASSEMBLY AUGUST 31, 2015
AMENDED IN ASSEMBLY JULY 9, 2015
AMENDED IN ASSEMBLY JUNE 25, 2015
AMENDED IN ASSEMBLY JUNE 15, 2015
AMENDED IN SENATE APRIL 22, 2015
AMENDED IN SENATE APRIL 7, 2015
INTRODUCED BY Senator Pan
FEBRUARY 26, 2015
An act to amend Sections 467.5 and 23229 of, and to add Article
4.5 (commencing with Section 21215) to Chapter 1 of Division 11 of,
and to repeal Section 21215.2 of, the Vehicle Code, relating to
vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 530, Pan. Pedicabs.
Existing law generally regulates the operation of bicycles,
including, among other things, providing that a person operating a
bicycle on the highway has all the rights and is subject to all the
provisions applicable to the driver of a vehicle, including a
prohibition against operating a bicycle while under the influence of
an alcoholic beverage or any drug. These provisions also apply to a
pedicab, as defined. A violation of the provisions regulating the
operation of a bicycle or pedicab is an offense.
This bill would expand the definition of a pedicab to include a
4-wheeled device that is primarily or exclusively pedal-powered, has
a seating capacity for 8 or more passengers, cannot travel in excess
of 15 miles per hour, and is being used for transporting passengers
for hire, as prescribed. The bill would impose specified requirements
on these pedicabs defined by the bill, relating to, among other
things, a maximum seating capacity for 15 passengers, local
authorization to operate, operator qualifications and training,
safety equipment, inspections, financial responsibility, reporting of
accidents to the Department of the California Highway Patrol, the
loading and unloading of passengers, and general operation of
pedicabs. The bill would, until January 1, 2020, establish
requirements for pedicabs that allow passenger alcohol consumption.
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. Section 467.5 of the Vehicle Code is amended to read:
467.5. "Pedicab" means any of the following:
(a) A bicycle that has three or more wheels, that transports, or
is capable of transporting, passengers on seats attached to the
bicycle, that is operated by a person, and that is being used for
transporting passengers for hire.
(b) A bicycle that pulls a trailer, sidecar, or similar device,
that transports, or is capable of transporting, passengers on seats
attached to the trailer, sidecar, or similar device, that is operated
by a person, and that is being used for transporting passengers for
hire.
(c) A four-wheeled device that is primarily or exclusively
pedal-powered, has a seating capacity for eight or more passengers,
cannot travel in excess of 15 miles per hour, and is being used for
transporting passengers for hire. A pedicab defined under this
subdivision is subject to the requirements of Article 4.5 (commencing
with Section 21215) of Chapter 1 of Division 11.
SEC. 2. Article 4.5 (commencing with Section 21215) is added to
Chapter 1 of Division 11 of the Vehicle Code, to read:
Article 4.5. Operation of Pedicabs
21215. (a) A pedicab defined in subdivision (c) of Section 467.5
shall operate subject to all of the following requirements:
(1) The pedicab shall have a seating capacity for not more than 15
passengers.
(2) The pedicab shall be authorized by local ordinance or
resolution to operate within the applicable local jurisdiction.
(3) The operator of the pedicab shall be at least 21 years of age,
with a valid California driver's license.
(4) The pedicab shall be equipped with seatbelts for all
passengers, seat backs, brakes, reflectors, headlights, and grab
rails. The pedicab shall be inspected annually for compliance with
the requirements of this paragraph by an entity designated by the
local jurisdiction that authorized the pedicab to operate. The entity
may charge a reasonable fee to cover the costs of the inspection. A
pedicab that does not meet these requirements shall meet these
requirements by January 1, 2017, in order to continue operation.
(5) The operator of the pedicab shall at all times be able to
establish financial responsibility in a minimum amount of one million
dollars ($1,000,000) general liability insurance coverage and an
additional five hundred thousand dollars ($500,000) general umbrella
insurance that covers the pedicab. The local jurisdiction that
authorized the pedicab to operate may require additional proof of
financial responsibility.
(6) A pedicab shall not operate on any highway under the
jurisdiction of the local authority unless authorized by resolution
or ordinance. A pedicab shall not operate on any freeway and shall
not operate on any highway with a posted speed limit in excess of 30
miles per hour, except to cross the highway at an intersection.
(7) The operator of the pedicab shall annually report to the
Department of the California Highway Patrol, commencing on January 1,
2016, any accidents caused or experienced by the pedicabs.
(8) The pedicab shall not load or unload passengers on roadways or
in the middle of highways.
(9) Pedicabs shall be operated as close as practicable to the
right-hand curb or edge of the roadway, except when necessary to
overtake another vehicle, to avoid a stationary object, or when
preparing to make a left turn.
(b) This article only applies to pedicabs defined by subdivision
(c) of Section 467.5, and does not apply to pedicabs defined in
subdivision (a) or (b) of Section 467.5.
21215.2. (a) If alcoholic beverages are consumed on board the
pedicab, a pedicab defined in subdivision (c) of Section 467.5 shall
additionally operate subject to all of the following requirements:
(1) The consumption of alcoholic beverages onboard the pedicab
shall be authorized by local ordinance or resolution.
(2) An onboard safety monitor who is 21 years of age or older
shall be present whenever alcohol is being consumed by passengers
during the operation of the pedicab. The onboard safety monitor shall
not be under the influence of any alcoholic beverage and shall be
considered as driving the pedicab for purposes of Article 2
(commencing with Section 23152) of Chapter 12 of Division 11 during
the operation of the pedicab.
(3) Both the operator and safety monitor shall have completed
either the Licensee Education on Alcohol and Drugs (LEAD) program
implemented by the Department of Alcoholic Beverage Control or a
training course utilizing the curriculum components recommended by
the Responsible Beverage Service Advisory Board established by the
Director of Alcoholic Beverage Control.
(4) Alcoholic beverages shall not be provided by the operator or
onboard safety monitor or any employee or agent of the operator or
onboard safety monitor of the pedicab. Alcoholic beverages may only
be supplied by the passengers of the pedicab. All alcoholic beverages
supplied by passengers of the pedicab shall be in enclosed, sealed,
and unopened containers that have been labeled pursuant to Chapter 13
(commencing with Section 25170) of Division 9 of the Business and
Professions Code prior to their consumption on board the pedicab.
(5) Alcoholic beverages may be consumed by a passenger of the
pedicab only while he or she is physically on board and within the
pedicab.
(6) All passengers shall be 21 years of age or older if alcohol is
consumed during the operation of the pedicab.
(7) For purposes of this subdivision, passengers who are pedaling
the device are not operators.
(b) A license or permit from the Department of Alcoholic Beverage
Control shall not be required of the operator or onboard safety
monitor, so long as neither they, nor their employees or agents sell,
serve, or furnish any alcoholic beverage to any passenger.
(c) For purposes of this section, "alcoholic beverage" has the
same meaning as defined in Section 23004 of the Business and
Professions Code.
(d) This section shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.
21215.5. This article does not preclude a local authority from
imposing more stringent operating or equipment requirements on a
pedicab subject to this article.
SEC. 3. Section 23229 of the Vehicle Code is amended to read:
23229. (a) Except as provided in Section 23229.1, Sections 23221
and 23223 do not apply to passengers in any bus, taxicab, or
limousine for hire licensed to transport passengers pursuant to the
Public Utilities Code or proper local authority, the living quarters
of a housecar or camper, or of a pedicab operated pursuant to Article
4.5 (commencing with Section 21215) of Chapter 1.
(b) Except as provided in Section 23229.1, Section 23225 does not
apply to the driver or owner of a bus, taxicab, or limousine for hire
licensed to transport passengers pursuant to the Public Utilities
Code or proper local authority, or of a pedicab operated pursuant to
Article 4.5 (commencing with Section 21215) of Chapter 1.
SEC. 4. 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.
