(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.

(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.

(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.

Existing law, on and after January 1, 2016, prohibits requires any person from operating a modified limousine that is modified prior to July 1, 2015, unless it 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.

Existing law, on and after January 1, 2016, prohibits any person from operating a modified limousine that is modified prior to July 1, 2015, unless it 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.

This bill would instead make this prohibition operative on January 1, 2017.

Existing law requires, for modified limousines modified on or after July 1, 2015, that at least one of the side doors be located near the drivers compartment and another near the back of the vehicle.

This bill would make a technical, nonsubstantive change to this provision.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 863

Author:(Dodd)

As Amended Ver:July 8, 2015

Majority vote

Original Committee Reference: TRANS.

SUMMARY: Makes several changes to emergency exit requirements for modified limousines.

The Senate amendments:

1. Extend the implementation date for the California Highway Patrol's (CHP) limousine inspection program to July 1, 2017.

2. Make technical conforming changes.

EXISTING LAW:

1. Establishes the "Passenger Charter-Party Carriers Act," which directs the state Public Utilities Commission (PUC) to issue permits or certificates to carriers, investigate complaints against carriers, and cancel, revoke, or suspend permits and certificates for specific violations.

2. Defines "charter-party carrier of passengers" as every person engaged in the transportation of persons by motor vehicle for compensation, whether in common or contract carriage, over any public highway in the state and includes any person, corporation, or other entity engaged in the provision of a hired driver service when a rented motor vehicle is being operated by a hired driver.

3. Defines a limousine as any sedan or sport utility vehicle, either standard or extended length, with a seating capacity of not more than 10 passengers including the driver, that is used in the transportation of passengers for hire on a prearranged basis.

4. Defines a modified limousine as any vehicle that has been modified, altered, or extended in a manner that increases the overall wheelbase of the vehicle, as specified, in any amount sufficient to accommodate additional passengers with a seating capacity of not more than 10 passengers including the driver, and is used in the transportation of passengers for hire.

5. Requires modified limousines, as defined, to have at least two push out windows or one rooftop push out window if specific conditions are met, and at least two rear side doors with at least one side door located near the driver's compartment, as specified.

6. Provides phased in implementation dates of the abovementioned requirements for new and existing modified limousines, as specified.

7. Prohibits a dealer from selling or offering for sale a vehicle that does not conform to federal vehicle safety standards. Additionally, prohibits a person from selling or offering for sale for use upon a vehicle an item of equipment that does not conform to federal vehicle safety standards.

8. Prohibits, at the federal level, states from imposing vehicle equipment standards that are inconsistent with or conflict with any related federal standard.

AS PASSED BY THE ASSEMBLY, this bill:

1. Clarified that existing modified limousines in operation prior to July 1, 2015, are subject to push-out window requirements, as specified.

2. Extended the implementation date of the abovementioned requirement to January 1, 2017.

3. Made technical, non-substantive changes.

FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.

COMMENTS: On May 4, 2013, a limousine fire occurred on the San Mateo-Hayward bridge killing five passengers who were unable to escape the vehicle. Several of the other passengers were able to exit the limousine only after climbing through the partition window separating the passengers from the driver. Approximately one month later, on June 9, 2013, nine passengers successfully exited a limousine in Walnut Creek prior to the vehicle catching fire while idling.

In response to these incidents, several bills were introduced to provide additional safeguards and safety measures to the limousine industry. SB 109 (Corbett), Chapter 752, Statutes of 2013, included a number of safety requirements for modified limousines, including emergency pop out windows and specific door requirements. That same year, SB 338 (Hill) of 2013, would have required modified limousines to be equipped with two fire extinguishers and directed the California Highway Patrol (CHP) to develop and implement a limousine inspection program. The Governor ultimately vetoed SB 338 and requested the Legislature to send him similar legislation with a provision authorizing CHP to charge a fee for the actual cost to perform the inspections.

In response, SB 611 (Hill), Chapter 860, Statutes of 2014, was introduced and ultimately enacted, which, in addition to establishing a limousine inspection program, made a number of other changes including providing clarification on the types of vehicles that are considered modified limousines and subject to CHP inspection. Consequentially, by making these clarifying changes, SB 611 unintentionally changed the emergency window and door requirements specified under SB 109.

This bill intends to make corrections resulting from the unintentional changes enacted under SB 611. Specifically, this bill removes the emergency door requirement for existing modified limousines currently in operation and keeps both emergency door and window requirements for limousines manufactured or modified after July 1, 2015. The author asserts that this bill will correct previous inadvertent drafting errors and bring existing law in line with the intent of the original legislation. Additionally, in order to ensure existing modified limousines currently in operation have sufficient time to meet the emergency window requirements, this bill also extends the implementation date to January 1, 2017. Lastly, this bill was amended in the Senate to extend the implementation date of CHP's limousine inspection program by one year, from July 1, 2016, to July 1, 2017.

Analysis Prepared by: Manny Leon / TRANS. / (916) 319-2093 FN: 0001350

 THIRD READING  

Bill No: AB 863

Author: Dodd (D), et al.

Amended: 7/8/15 in Senate

Vote: 21

SENATE TRANS. & HOUSING COMMITTEE: 10-0, 6/9/15

AYES: Beall, Cannella, Bates, Gaines, Galgiani, Leyva, McGuire, Mendoza, Roth, Wieckowski

NO VOTE RECORDED: Allen

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 77-0, 4/16/15 - See last page for vote

SUBJECT: Modified limousines: passenger safety

SOURCE: Author

DIGEST: This bill delays until January 1, 2017, the requirement that modified, or “stretch,” limousines have at least two pop-out rear windows. This bill also replaces the requirement that all modified limousines have at least one side door located near the driver’s compartment and another located near the back of the vehicle by July 1, 2015, with a requirement for those door locations for all limousines that are modified on or after July 1, 2015.

Senate Floor Amendments of 7/8/15 extend the deadline for the California Highway Patrol (CHP) to implement a program to conduct safety inspections of modified limousine terminals.

ANALYSIS:

Existing law:

1. Requires that modified limousines shall, by July 1, 2015, have at least one side door located near the driver’s compartment and another near the back of the vehicle.

2. Requires most limousines to have push-out windows, as specified, by January 1, 2016.

This bill:

1. Limits the requirement that the rear doors be spaced apart to those limousines that were modified on or after July 1, 2015, as was originally required in SB 109 (Corbett, Chapter 752, Statutes of 2013).

2. Delays the effective date of the push-out window retrofit requirements by one year for limousines that were modified before January 1, 2015.

Background

On May 4, 2013, a limousine caught fire while traveling on the San Mateo-Hayward Bridge over the San Francisco Bay. That limousine was carrying nine passengers. Because the fire occurred at the rear of the vehicle, access to the passenger doors was blocked, trapping the passengers inside. The only way to escape was to climb through the partition window separating the passenger compartment from the driver. The driver escaped unharmed and four of the passengers escaped through the driver’s partition. The five other passengers died in the blaze. In August 2013, the CHP ruled the fire an accident, though the California Public Utilities Commission (CPUC) fined the limousine operator $20,000, of which $10,000 was stayed, for failing to maintain its vehicles in a safe operating condition, among other violations. On June 9, 2013, another limousine caught fire. Fortunately, this limousine was idling and the fire started in the driver’s compartment, allowing all 10 passengers to safely exit from the rear doors.

In response, the Legislature passed SB 109 (Corbett, 2013), which required additional passenger exits. Specifically, all modified, or “stretch,” limousines must have at least two rear doors and two push-out exit windows. Any limousines modified prior to July 1, 2015 have until January 1, 2016 to comply with these provisions. For limousines modified on or after July 1, 2015, one rear door shall be located near the driver’s compartment and the other near the back of the vehicle. Limousines manufactured prior to 1970 that were licensed with the CPUC are exempted from the door and exit window requirements.

In addition, the Legislature passed SB 611 (Hill, Chapter 680, Statutes of 2014) which added additional limousine inspection requirements. That bill also inadvertently revised and expanded to all stretch limousines the requirement that the rear doors be spaced so that one was toward the rear and the other towards the front.

Comments

Purpose of the bill. Regulations implementing the requirements of SB 109 were expected in July 2015. These regulations will detail the acceptable placement and operating characteristics of the passenger door and exit window requirements of the statute. Existing law requires the retrofitting to be completed by January 1, 2016, which the author believes is insufficient time for the limousine industry to analyze and implement the regulations throughout their fleets. Extending the deadline by one year will give the industry needed time to comply.

The risk. By delaying the exit window retrofit requirements by one year, this bill allows for the continued operation of the type of limousine that was at the center of the two 2013 fires. This risk does not appear to be great, as the CPUC notes that there have been no reportable limousine fires since then. However, an Internet search showed that a stretch limousine without passengers caught fire and was destroyed on July 25, 2014, in Vallejo.

CHP extension. This extension is necessary to give CHP time to determine the scope of companies utilizing modified limousines and design the inspection program accordingly.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT: (Verified 8/19/15)

Greater California Livery Association

Sonoma Sterling Limousines, Inc.

OPPOSITION: (Verified 8/19/15)

None received

ASSEMBLY FLOOR: 77-0, 4/16/15

AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, Olsen, Patterson, Perea, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins

NO VOTE RECORDED: Burke, O'Donnell, Quirk

Prepared by: Randy Chinn / T. & H., Christine Hochmuth / T. & H. / (916) 651-4121

8/19/15 20:42:51

**** END ****

 THIRD READING  

Bill No: AB 863

Author: Dodd (D), et al.

Amended: 3/26/15 in Assembly

Vote: 21

SENATE TRANS. & HOUSING COMMITTEE: 10-0, 6/9/15

AYES: Beall, Cannella, Bates, Gaines, Galgiani, Leyva, McGuire, Mendoza, Roth, Wieckowski

NO VOTE RECORDED: Allen

ASSEMBLY FLOOR: 77-0, 4/16/15 — See last page for vote

SUBJECT: Modified limousines: passenger safety

SOURCE: Author

DIGEST: This bill delays until January 1, 2017, the requirement that modified, or “stretch,” limousines have at least two pop-out rear windows. This bill replaces the requirement that all modified limousines have at least one side door located near the driver’s compartment and another located near the back of the vehicle by July 1, 2015, with a requirement for those door locations for all limousines that are modified on or after July 1, 2015.

ANALYSIS:

Existing law:

1. Requires that modified limousines shall, by July 1, 2015, have at least one side door located near the driver’s compartment and another near the back of the vehicle.

2. Requires most limousines to have push-out windows, as specified, by January 1, 2016.

This bill:

1. Limits the requirement that the rear doors be spaced apart to those limousines that were modified on or after July 1, 2015.

2. Delays the effective date of the push-out window retrofit requirements by one year for limousines that were modified before January 1, 2015.

Background

On May 4, 2013, a limousine carrying nine passengers caught fire while traveling on the San Mateo-Hayward Bridge over the San Francisco Bay. Because the fire occurred at the rear of the vehicle, access to the passenger doors was blocked, trapping the passengers inside. The only way to escape was to climb through the partition window separating the passenger compartment from the driver. The driver escaped unharmed and four of the passengers escaped through the driver’s partition. The five other passengers died in the blaze. In August 2013 the California Highway Patrol ruled the fire an accident, though the California Public Utilities Commission (CPUC) fined the limousine operator $20,000, of which $10,000 was stayed, for failing to maintain its vehicles in a safe operating condition, among other violations. On June 9, 2013, another limousine caught fire. Fortunately, this limousine was idling and the fire started in the driver’s compartment, allowing all 10 passengers to safely exit from the rear doors.

In response, the Legislature passed SB 109 (Corbett, Chapter 752, Statutes of 2013) which required additional passenger exits. Specifically, all modified, or “stretch,” limousines must have at least two rear doors and two push-out exit windows. Any limousines modified prior to July 1, 2015, have until January 1, 2016, to comply with these provisions. For limousines modified on or after July 1, 2015, one rear door shall be located near the driver’s compartment and the other near the back of the vehicle. Limousines manufactured prior to 1970 that were licensed with the CPUC are exempted from the door and exit window requirements.

Comments

Purpose of the bill. Regulations implementing the requirements for push-out windows are expected in July 2015. These regulations will detail the acceptable placement and operating characteristics of the passenger door and exit window requirements of the statute. Existing law requires the retrofitting to be completed by January 1, 2016, which the author believes is insufficient time for the limousine industry to analyze and implement the regulations throughout their fleets. Extending the deadline by one year will give the industry needed time to comply.

The risk. By delaying the exit window retrofit requirements by one year, this bill allows for the continued operation of the type of limousine that was at the center of the two 2013 fires. This risk does not appear to be great as the CPUC notes that there have been no reportable limousine fires since then. However, an internet search showed that a stretch limousine without passengers caught fire and was destroyed on July 25, 2014, in Vallejo.

Correcting an error. The requirement that all modified limousines be equipped with at least one door at the rear of the passenger compartment and one door at the front is the result of a drafting error which revised the original legislation. That legislation required those locations for doors only on recently modified limousines. The bill corrects that error by returning the language to that contained in the original legislation.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 6/11/15)

Greater California Livery Association

Sonoma Sterling Limousines, Inc.

OPPOSITION: (Verified 6/11/15)

None received

ASSEMBLY FLOOR: 77-0, 4/16/15

AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, Olsen, Patterson, Perea, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins

NO VOTE RECORDED: Burke, O’Donnell, Quirk

Prepared by: Randy Chinn / T. & H. / (916) 651-4121

6/12/15 15:21:54

**** END ****

SENATE COMMITTEE ON TRANSPORTATION AND HOUSING

Senator Jim Beall, Chair

2015 - 2016 Regular

Bill No: AB 863 Hearing Date: 6/9/2015

SUBJECT: Modified limousines: passenger safety

DIGEST: This bill:

1. Delays until January 1, 2017 the requirement that modified, or “stretch,” limousines have at least two pop-out rear windows.

2. Replaces the requirement that all modified limousines have at least one side door located near the driver’s compartment and another located near the back of the vehicle by July 1, 2015 with a requirement for those door locations for all limousines that are modified on or after July 1, 2015.

ANALYSIS:

On May 4, 2013, a limousine caught fire while traveling on the San Mateo-Hayward Bridge over the San Francisco Bay. That limousine was carrying nine passengers. Because the fire occurred at the rear of the vehicle, access to the passenger doors was blocked, trapping the passengers inside. The only way to escape was to climb through the partition window separating the passenger compartment from the driver. The driver escaped unharmed and four of the passengers escaped through the driver’s partition. The five other passengers died in the blaze. In August 2013 the CHP ruled the fire an accident, though the CPUC fined the limousine operator $20,000, of which $10,000 was stayed, for failing to maintain its vehicles in a safe operating condition, among other violations. On June 9, 2013, another limousine caught fire. Fortunately, this limousine was idling and the fire started in the driver’s compartment, allowing all 10 passengers to safely exit from the rear doors.

In response, the Legislature passed SB 109 (Corbett, Chapter 752, Statutes of 2013) which required additional passenger exits. Specifically, all modified, or “stretch,” limousines must have at least two rear doors and two push-out exit windows. Any limousines modified prior to July 1, 2015 have until January 1, 2016 to comply with these provisions. For limousines modified on or after July 1, 2015, one rear door shall be located near the driver’s compartment and the other near the back of the vehicle. Limousines manufactured prior to 1970 that were licensed with the California Public Utilities Commission are exempted from the door and exit window requirements.

In addition, the Legislature passed SB 611 (Hill, Chapter 680, Statutes of 2014) which added additional limousine inspection requirements. That bill also inadvertently revised and expanded to all stretch limousines the requirement that the rear doors be spaced so that one was toward the rear and the other towards the front.

Existing law:

1. Requires that modified limousines shall, by July 1, 2015, have at least one side door located near the driver’s compartment and another near the back of the vehicle.

2. Requires most limousines to have push-out windows, as specified, by January 1, 2016.

This bill:

1. Limits the requirement that the rear doors be spaced apart to those limousines that were modified on or after July 1, 2015, as was originally required in SB 109.

2. Delays the effective date of the push-out window retrofit requirements by one year for limousines that were modified before January 1, 2015.

COMMENTS:

Purpose of the bill. Regulations implementing the requirements of SB 109 are expected in July 2015. These regulations are expected to detail the acceptable placement and operating characteristics of the passenger door and exit window requirements of the statute. Current law requires the retrofitting to be completed by January 1, 2016, which the author believes is insufficient time for the limousine industry to analyze and implement the regulations throughout their fleets. Extending the deadline by one year will give the industry needed time to comply.

The risk. By delaying the exit window retrofit requirements by one year, this bill allows for the continued operation of the type of limousine that was at the center of the two 2013 fires. This risk does not appear to be great as the CPUC notes that there have been no reportable limousine fires since then. However, an internet search showed that a stretch limousine without passengers caught fire and was destroyed on July 25, 2014, in Vallejo.

Related Legislation:

SB 109 (Corbett, Chapter 752, Statutes of 2013) — Establishes exit requirements for limousines.

SB 611 (Hill, Chapter 680, Statutes of 2014) — Establishes a limousine inspection program and safety requirements.

Assembly Votes:

Floor: 77-0

Trans: 14-0

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

POSITIONS: (Communicated to the committee before noon on Wednesday,

June 3, 2015.)

SUPPORT:

Greater California Livery Association

Sonoma Sterling Limousines, Inc.

OPPOSITION:

None received

-- END --

4/14/2015: Changes per Consultant

ASSEMBLY THIRD READING

ATR Bill Id:AB 863

Author:(Dodd)

As Amended Ver:March 26, 2015

Majority vote

SUMMARY: Makes several changes to emergency exit requirements for modified limousines. Specifically, this bill:

1. Clarifies that existing modified limousines in operation prior to July 1, 2015, are subject to push-out window requirements, as specified.

2. Extends the implementation date of the abovementioned requirement to January 1, 2017.

3. Makes technical, non-substantive changes.

EXISTING LAW:

1. Establishes the "Passenger Charter-Party Carriers Act," which directs the state Public Utilities Commission (PUC) to issue permits or certificates to carriers, investigate complaints against carriers, and cancel, revoke, or suspend permits and certificates for specific violations.

2. Defines "charter-party carrier of passengers" as every person engaged in the transportation of persons by motor vehicle for compensation, whether in common or contract carriage, over any public highway in the state and includes any person, corporation, or other entity engaged in the provision of a hired driver service when a rented motor vehicle is being operated by a hired driver.

3. Defines a limousine as any sedan or sport utility vehicle, either standard or extended length, with a seating capacity of not more than 10 passengers including the driver, that is used in the transportation of passengers for hire on a prearranged basis.

4. Defines a modified limousine as any vehicle that has been modified, altered, or extended in a manner that increases the overall wheelbase of the vehicle, as specified, in any amount sufficient to accommodate additional passengers with a seating capacity of not more than ten passengers including the driver, and is used in the transportation of passengers for hire.

5. Requires modified limousines, as defined, to have at least two push out windows or one rooftop push out window if specific conditions are met, and at least two rear side doors with at least one side door located near the driver's compartment, as specified.

6. Provides phased in implementation dates of the abovementioned requirements for new and existing modified limousines, as specified.

7. Prohibits a dealer from selling or offering for sale a vehicle that does not conform to federal vehicle safety standards. Additionally, prohibits a person from selling or offering for sale for use upon a vehicle an item of equipment that does not conform to federal vehicle safety standards.

8. Prohibits, at the federal level, states from imposing vehicle equipment standards that are inconsistent with or conflict with any related federal standard.

FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the Legislative Counsel.

COMMENTS: On May 4, 2013, a limousine fire occurred on the San Mateo-Hayward bridge killing five passengers who were unable to escape the vehicle. Several of the other passengers were able to exit the limousine only after climbing through the partition window separating the passengers from the driver. Approximately one month later, on June 9, 2013, nine passengers successfully exited a limousine in Walnut Creek prior to the vehicle catching fire while idling.

In response to these incidents, several bills were introduced to provide additional safeguards and safety measures to the limousine industry. SB 109 (Corbett), Chapter 752, Statutes of 2013, included a number of safety requirements for modified limousines, including emergency pop out windows and specific door requirements. That same year, SB 338 (Hill) would have required modified limousines to be equipped with two fire extinguishers and directed the California Highway Patrol (CHP) to develop and implement a limousine inspection program. The Governor ultimately vetoed SB 338 and requested the Legislature to send him similar legislation with a provision authorizing CHP to charge a fee for the actual cost to perform the inspections.

In response, SB 611 (Hill), Chapter 860, Statutes of 2014, was introduced and ultimately enacted, which, in addition to establishing a limousine inspection program, made a number of other changes including providing clarification on the types of vehicles that are considered modified limousines and subject to CHP inspection. Consequentially, by making these clarifying changes, SB 611 unintentionally changed the emergency window and door requirements specified under SB 109.

This bill intends to make corrections resulting from the unintentional changes enacted under SB 611. Specifically, this bill removes the emergency door requirement for existing modified limousines currently in operation and keeps both emergency door and window requirements for limousines manufactured or modified after July 1, 2015. The author asserts that this bill will correct previous inadvertent drafting errors and bring existing law in line with the intent of the original legislation. Additionally, in order to ensure existing modified limousines currently in operation have sufficient time to meet the emergency window requirements, this bill also extends the implementation date to January 1, 2017.

Analysis Prepared by: Manny Leon / TRANS. / (916) 319-2093 FN: 0000099

Date of Hearing: April 6, 2015

ASSEMBLY COMMITTEE ON TRANSPORTATION

Jim Frazier, Chair

ABPCA Bill Id:AB 863

Author:(Dodd) – As Amended Ver:March 26, 2015

SUBJECT: Modified limousines: passenger safety

SUMMARY: Makes several changes to emergency exit requirements for modified limousines. Specifically, this bill:

1. Clarifies that existing modified limousines in operation prior to July 1, 2015, are subject to push-out window requirements, as specified.

2. Extends the implementation date of the abovementioned requirement to January 1, 2017.

3. Makes technical, non-substantive changes

EXISTING LAW:

1. Establishes the "Passenger Charter-Party Carriers Act," which directs the state Public Utilities Commission (PUC) to issue permits or certificates to carriers, investigate complaints against carriers, and cancel, revoke, or suspend permits and certificates for specific violations.

2. Defines "charter-party carrier of passengers" as every person engaged in the transportation of persons by motor vehicle for compensation, whether in common or contract carriage, over any public highway in the state and includes any person, corporation, or other entity engaged in the provision of a hired driver service when a rented motor vehicle is being operated by a hired driver.

3. Defines a limousine as any sedan or sport utility vehicle, either standard or extended length, with a seating capacity of not more than ten passengers including the driver, that is used in the transportation of passengers for hire on a prearranged basis.

4. Defines a modified limousine as any vehicle that has been modified, altered, or extended in a manner that increases the overall wheelbase of the vehicle, as specified, in any amount sufficient to accommodate additional passengers with a seating capacity of not more than ten passengers including the driver, and is used in the transportation of passengers for hire.

5. Requires modified limousines, as defined, to have at least two push out windows or one rooftop push out window if specific conditions are met, and at least two rear side doors with at least one side door located near the driver's compartment, as specified.

6. Provides phased in implementation dates of the abovementioned requirements for new and existing modified limousines, as specified.

7. Prohibits a dealer from selling or offering for sale a vehicle that does not conform to federal vehicle safety standards. Additionally, prohibits a person from selling or offering for sale for use upon a vehicle an item of equipment that does not conform to federal vehicle safety standards.

8. Prohibits, at the federal level, states from imposing vehicle equipment standards that are inconsistent with or conflict with any related federal standard.

FISCAL EFFECT: Unknown

COMMENTS: On May 4, 2013, a limousine fire occurred on the San Mateo-Hayward bridge killing five passengers who were unable to escape the vehicle. Several of the other passengers were able to exit the limousine only after climbing through the partition window separating the passengers from the driver. Approximately one month later, on June 9, 2013, nine passengers successfully exited a limousine in Walnut Creek prior to the vehicle catching fire while idling.

In response to these incidents, several bills were introduced to provide additional safeguards and safety measures to the limousine industry. SB 109 (Corbett), Chapter 752, Statutes of 2013, included a number of safety requirements for modified limousines, including emergency pop out windows and specific door requirements. That same year, SB 338 (Hill) would have required modified limousines to be equipped with two fire extinguishers and directed the California Highway Patrol (CHP) to develop and implement a limousine inspection program. The Governor ultimately vetoed SB 338 and requested the Legislature to send him similar legislation with a provision authorizing CHP to charge a fee for the actual cost to perform the inspections.

In response, SB 611 (Hill), Chapter 860, Statutes of 2014, was introduced and ultimately enacted, which, in addition to establishing a limousine inspection program, made a number of other changes including providing clarification on the types of vehicles that are considered modified limousines and subject to CHP inspection. Consequentially, by making these clarifying changes, SB 611 unintentionally changed the emergency window and door requirements specified under SB 109.

This bill intends to make the necessary corrections resulting from the unintentional changes enacted under SB 611. The author asserts that this bill will correct previous inadvertent drafting errors and bring existing law in line with the intent of the original legislation. Additionally, in order to ensure existing modified limousines currently in operation have sufficient time to meet the emergency window requirements, this bill also extends the implementation date to January 1, 2017.

REGISTERED SUPPORT / OPPOSITION:

Support

Greater California Livery Association

Opposition

None on file

Analysis Prepared by: Manny Leon / TRANS. / (916) 319-2093