Bill Text: CA SB812 | 2015-2016 | Regular Session | Chaptered
Bill Title: Modified limousines and tour buses: standards and inspection.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2016-09-27 - Chaptered by Secretary of State. Chapter 711, Statutes of 2016. [SB812 Detail]
Download: California-2015-SB812-Chaptered.html
BILL NUMBER: SB 812 CHAPTERED
BILL TEXT
CHAPTER 711
FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2016
APPROVED BY GOVERNOR SEPTEMBER 27, 2016
PASSED THE SENATE AUGUST 31, 2016
PASSED THE ASSEMBLY AUGUST 30, 2016
AMENDED IN ASSEMBLY AUGUST 18, 2016
AMENDED IN ASSEMBLY AUGUST 15, 2016
AMENDED IN ASSEMBLY JUNE 29, 2016
AMENDED IN ASSEMBLY JUNE 21, 2016
AMENDED IN ASSEMBLY JUNE 16, 2016
AMENDED IN SENATE MAY 31, 2016
AMENDED IN SENATE APRIL 27, 2016
AMENDED IN SENATE APRIL 12, 2016
AMENDED IN SENATE MARCH 17, 2016
AMENDED IN SENATE FEBRUARY 12, 2016
INTRODUCED BY Senator Hill
(Principal coauthors: Assembly Members Chiu and Ting)
JANUARY 4, 2016
An act to amend Sections 27375, 34501, and 34505.1 of the Vehicle
Code, relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
SB 812, Hill. Modified limousines and tour buses: standards and
inspection.
(1) Existing law, on and after January 1, 2017, requires any
person operating a modified limousine that is modified prior to July
1, 2015, to ensure that the vehicle is equipped with 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.
This bill would extend the operative date of this requirement to
January 1, 2018.
(2) Existing law defines a tour bus to include any bus operated by
or for a charter-party carrier of passengers or a passenger stage
corporation, with a bus in this respect defined to mean any vehicle
designed, used, or maintained for carrying more than 10 persons,
including the driver. Existing law provides for the Department of the
California Highway Patrol to regulate the safe operation of various
classes of vehicles, including tour buses. A violation of various
statutes and regulations governing tour buses and operators of tour
buses is a crime.
Existing law also requires the department, at least once every 13
months, to inspect every maintenance facility or terminal of any
person who at any time operates any bus. Existing law requires that
if the bus operation includes more than 100 buses, the inspection
shall be without prior notice.
This bill would require the department, if a tour bus has received
an unsatisfactory compliance rating, to conduct a followup
inspection between 30 and 90 days after the initial inspection during
which the unsatisfactory rating was received. The bill would require
the department to order a tour bus out of service upon determining
during a terminal inspection or at any other time that the condition
of a tour bus is such that it has multiple safety violations of a
nature that operation of the tour bus could constitute an imminent
danger to public safety. The bill would prohibit the tour bus from
being operated with passengers until all of the safety violations
have been corrected and the department has verified the correction of
the safety violations upon a subsequent inspection by the department
of the tour bus, which shall occur within five business days of the
submission of a reinspection request from the tour bus carrier. By
creating a new crime, the bill would impose a state-mandated local
program.
(3) 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 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,
2018.
(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 34501 of the Vehicle Code is amended to read:
34501. (a) (1) The department shall adopt reasonable rules and
regulations that, in the judgment of the department, are designed to
promote the safe operation of vehicles described in Section 34500,
regarding, but not limited to, controlled substances and alcohol
testing of drivers by motor carriers, hours of service of drivers,
equipment, fuel containers, fueling operations, inspection,
maintenance, recordkeeping, accident reports, and drawbridges. The
rules and regulations shall not, however, be applicable to
schoolbuses, which shall be subject to rules and regulations adopted
pursuant to Section 34501.5.
The rules and regulations shall exempt local law enforcement
agencies, within a single county, engaged in the transportation of
inmates or prisoners when those agencies maintain other motor vehicle
operations records which furnish hours of service information on
drivers which are in substantial compliance with the rules and
regulations. This exemption does not apply to any local law
enforcement agency engaged in the transportation of inmates or
prisoners outside the county in which the agency is located, if that
agency would otherwise be required, by existing law, to maintain
driving logs.
(2) The department may adopt rules and regulations relating to
commercial vehicle safety inspection and out-of-service criteria. In
adopting the rules and regulations, the commissioner may consider the
commercial vehicle safety inspection and out-of-service criteria
adopted by organizations such as the Commercial Vehicle Safety
Alliance, other intergovernmental safety group, or the United States
Department of Transportation. The commissioner may provide
departmental representatives to that alliance or other organization
for the purpose of promoting the continued improvement and refinement
of compatible nationwide commercial vehicle safety inspection and
out-of-service criteria.
(3) The commissioner shall appoint a committee of 15 members,
consisting of representatives of industry subject to the regulations
to be adopted pursuant to this section, to act in an advisory
capacity to the department, and the department shall cooperate and
confer with the advisory committee so appointed. The commissioner
shall appoint a separate committee to advise the department on rules
and regulations concerning wheelchair lifts for installation and use
on buses, consisting of persons who use the wheelchair lifts,
representatives of transit districts, representatives of designers or
manufacturers of wheelchairs and wheelchair lifts, and
representatives of the Department of Transportation.
(4) The department may inspect any vehicles in maintenance
facilities or terminals, as well as any records relating to the
dispatch of vehicles or drivers, and the pay of drivers, to ensure
compliance with this code and regulations adopted pursuant to this
section.
(b) The department, using the definitions adopted pursuant to
Section 2402.7, shall adopt regulations for the transportation of
hazardous materials in this state, except the transportation of
materials which are subject to other provisions of this code, that
the department determines are reasonably necessary to ensure the
safety of persons and property using the highways. The regulations
may include provisions governing the filling, marking, packing,
labeling, and assembly of, and containers that may be used for,
hazardous materials shipments, and the manner by which the shipper
attests that the shipments are correctly identified and in proper
condition for transport.
(c) (1) At least once every 13 months, the department shall
inspect every maintenance facility or terminal of any person who at
any time operates any bus. If the bus operation includes more than
100 buses, the inspection shall be without prior notice.
(2) This subdivision does not preclude the department from
conducting inspections of tour bus operations with fewer than 100
buses without prior notice. To the extent possible, the department
shall conduct inspections without prior notice of any tour bus
operation, including tour bus operations that have a history of
noncompliance with safety laws or regulations, that have received
unsatisfactory ratings, or that have had buses ordered out of service
for safety violations.
(3) If a tour bus operator receives an unsatisfactory rating, the
department shall conduct a followup inspection between 30 and 90 days
after the initial inspection during which the unsatisfactory rating
was received.
(d) The commissioner shall adopt and enforce regulations which
will make the public or private users of any bus aware of the
operator's last safety rating.
(e) It is unlawful and constitutes a misdemeanor for any person to
operate any bus without the inspections specified in subdivision (c)
having been conducted.
(f) The department may adopt regulations restricting or
prohibiting the movement of any vehicle from a maintenance facility
or terminal if the vehicle is found in violation of this code or
regulations adopted pursuant to this section.
SEC. 3. Section 34505.1 of the Vehicle Code is amended to read:
34505.1. (a) Upon determining that a tour bus carrier or modified
limousine carrier has either (1) failed to maintain any vehicle used
in transportation for compensation in a safe operating condition or
to comply with the Vehicle Code or with regulations contained in
Title 13 of the California Code of Regulations relative to motor
carrier safety, and, in the department's opinion, that failure
presents an imminent danger to public safety or constitutes such a
consistent failure as to justify a recommendation to the Public
Utilities Commission or the United States Department of
Transportation or (2) failed to enroll all drivers in the pull notice
system as required by Section 1808.1, the department shall recommend
to the Public Utilities Commission that the carrier's operating
authority be suspended, denied, or revoked, or to the United States
Department of Transportation that appropriate administrative action
be taken against the carrier's interstate operating authority,
whichever is appropriate. For purposes of this subdivision, two
consecutive unsatisfactory compliance ratings for an inspected
terminal assigned because the tour bus carrier or modified limousine
carrier failed to comply with the periodic report requirements of
Section 1808.1 or the cancellation of the carrier's enrollment by the
Department of Motor Vehicles for nonpayment of required fees may be
determined by the department to be a consistent failure. However,
when recommending denial of an application for new or renewal
authority, the department need not conclude that the carrier's
failure presents an imminent danger to public safety or that it
constitutes a consistent failure. The department need only conclude
that the carrier's compliance with the safety-related matters
described in paragraph (1) of subdivision (a) is sufficiently
unsatisfactory to justify a recommendation for denial. The department
shall retain a record, by carrier, of every recommendation made
pursuant to this section.
(b) Before transmitting a recommendation pursuant to subdivision
(a), the department shall notify the carrier in writing of all of the
following:
(1) That the department has determined that the carrier's safety
record is unsatisfactory, furnishing a copy of any documentation or
summary of any other evidence supporting the determination.
(2) That the determination may result in a suspension, revocation,
or denial of the carrier's operating authority by the Public
Utilities Commission or the United States Department of
Transportation, as appropriate.
(3) That the carrier may request a review of the determination by
the department within five days of its receipt of the notice required
under this subdivision. If a review is requested by the carrier, the
department shall conduct and evaluate that review prior to
transmitting any notification pursuant to subdivision (a).
(c) Notwithstanding subdivision (a) or (b), upon determining
during a terminal inspection or at any other time that the condition
of a tour bus is such that it has multiple safety violations of a
nature that operation of the tour bus could constitute an imminent
danger to public safety, the department shall immediately order the
tour bus out of service. The tour bus shall not be subsequently
operated with passengers until all of the safety violations have been
corrected and the department has verified the correction of the
safety violations upon a subsequent inspection by the department of
the tour bus, which shall occur within five business days of the
submission of a reinspection request from the tour bus carrier to the
department.
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.
