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.

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.

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, and 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.

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, and 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.

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, financial responsibility, and 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.

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 four-wheeled 4-wheeled device that is primarily or exclusively pedal-powered, has a seating capacity of not more than 15 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, financial responsibility, and 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.

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 four-wheeled device that is primarily or exclusively pedal-powered, has a seating capacity of not more than 15 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, operator qualifications and training, safety equipment, and passenger alcohol consumption. Because a violation of these provisions would constitute an offense, be a crime, this bill would expand the definition of an existing crime, and would thereby impose a state-mandated local program. By imposing additional duties on local law enforcement, this bill would impose a state-mandated local program.

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 regulate the operation of quadricycles. The bill would define a quadricycle, in part, as being pedal-powered and seating no more than 15 passengers. The bill would provide that a person operating a quadricycle 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 quadricycle while under the influence of an alcoholic beverage or any drug. The bill would authorize consumption of alcoholic beverages by passengers on a quadricycle, as specified, if the local jurisdiction has authorized that consumption by ordinance or resolution. The bill would require certain safety equipment for the quadricycle and would require an annual inspection by local law enforcement entities for compliance with those safety provisions. Because existing law would make expand the definition of a pedicab to include a device that is primarily or exclusively pedal-powered, has a seating capacity of not more than 15 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, operator qualifications and training, safety equipment, and passenger alcohol consumption. Because a violation of these provisions would constitute an offense, this bill would create new crimes and expand the definition of an existing crime, and would thereby impose a state-mandated local program. By imposing additional duties on local law enforcement, 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law, 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. The act imposes certain requirements if alcoholic beverages are consumed by the passengers during the transportation service. A violation of the act is a crime.

This bill would apply the requirements of the act to persons rendering transportation service by means of pedal-powered quadricycles. The bill would prohibit the consumption of an alcoholic beverage unless the local jurisdiction in which the pedal-powered quadricycle operates has authorized that consumption and would impose additional restrictions regarding the consumption of alcoholic beverages in pedal-powered quadricycles. The bill would impose certain requirements on the operators of pedal-powered quadricycles. By expanding the requirements of the act to the operation of a pedal-powered quadricycle and imposing additional restrictions on pedal-powered quadricycles, the bill would create a new crime, thereby imposing a state-mandated local program. The bill would require the commission to require a charter-party carrier of passengers operating a pedal-powered quadricycle to undergo an annual inspection of the quadricycle by the local law enforcement agency of the local jurisdiction in which the quadricycle operates. The bill would require a local law enforcement agency to conduct an annual inspection of pedal-powered quadricycles operated by a charter-party carrier of passengers, thereby imposing a state-mandated local program. The bill would authorize the local law enforcement agency to charge a reasonable fee to offset the cost of inspection.

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 specified reasons.

 UNFINISHED BUSINESS  

Bill No: SB 530

Author: Pan (D)

Amended: 9/3/15

Vote: 21

SENATE TRANS. & HOUSING COMMITTEE: 10-1, 4/28/15

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

NOES: Beall

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

SENATE FLOOR: 35-0, 5/18/15

AYES: Allen, Anderson, Bates, Block, Cannella, De León, Fuller, Gaines, Galgiani, Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen, Nielsen, Pan, Roth, Runner, Stone, Vidak, Wieckowski, Wolk

NO VOTE RECORDED: Beall, Berryhill, Hall, Pavley

ASSEMBLY FLOOR: 74-0, 9/8/15 - See last page for vote

SUBJECT: Pedicabs

SOURCE: Author

DIGEST: This bill expands the definition of “pedicab” to include pedal-powered vehicles that can carry up to 15 passengers, and creates minimum operational and equipment requirements.

Assembly Amendments add additional safety and financial responsibility requirements and impose additional restrictions on the use of alcohol on board.

ANALYSIS: Existing law defines various types of vehicles with differing rights and responsibilities. Bicycles, motorized bicycles, pedicabs, neighborhood electric vehicles, motorcycles, passenger vehicles, and buses are just some of the different types of vehicles allowed to use California streets and highways.

This bill:

1. Expands the definition of pedicab to include a device which is primarily pedal-powered, has a seating capacity of not more than 15 passengers, and cannot travel faster than 15 miles per hour. This type of pedicab must be equipped with basic safety equipment including seat belts, seat backs, brakes, reflectors, headlights, and grab rails, and must be operated by a 21-year-old adult with a valid California driver’s license. Existing devices have until January 1, 2017, to retrofit with this equipment. This type of pedicab must be authorized by local ordinance and cannot operate on a road with a speed limit greater than 30 mph. Any accidents must be reported to the California Highway Patrol.

2. Provides that if a city allows alcohol to be consumed on board, the operator shall also provide an on-board adult safety monitor and both the driver and safety monitor must have completed the Licensee Education on Alcohol and Drugs program implemented by the Department of Alcoholic Beverage Control.

Background

In Sacramento, San Diego, and other California cities, these vehicles are used to offer guided riding tours through tourist and entertainment areas, often accompanied with stops at bars and restaurants. These businesses have so far been licensed by the host city without any state involvement. This has created some uncertainty about whether these vehicles can lawfully use city streets as there is no existing vehicle definition which specifically covers them, particularly if the vehicle has a motor to assist the pedaling passengers.

This bill deals with four-wheeled, primarily pedal-powered vehicles that carry up to 15 passengers. These are substantial vehicles, about the size of a car, and can cost up to $100,000.

Comments

Purpose of the bill. The author notes that the four existing quadricycle companies in California operate under conditions which vary in each municipality. This bill seeks to establish a uniform set of rules and a standard of best practices for quadricycles where alcohol will be consumed on board. The author notes that the industry is growing rapidly, and that California should address regulation at a statewide level before there are any accidents or injuries, as have been reported in other states.

Establishing a regulatory structure. The quadricycle business is relatively new and small: There are probably less than a dozen of these types of vehicles operating in California. The operators are small businesses that seem to have arrived at satisfactory operating rules with their local governments. There’s no evidence of operating or safety issues with the vehicles in California. Other states have had some noise and other issues associated with alcohol consumption; there was a tip-over in Milwaukee.

This bill creates a regulatory structure with minimum safety and operating requirements, including minimum financial responsibility standards. Defining quadricycles as pedicabs authorizes their operation on highways and subjects the pedicab operator to existing laws regarding driving under the influence of alcohol and drugs.

Drink? This bill creates some additional safety requirements if local governments choose to permit alcoholic beverages to be consumed on board. The author believes that instituting minimum state standards will make local permission more likely. There is precedent for this as limousines permit alcohol in their passenger compartments. However, there is a difference in that the quadricycle passengers are active participants, providing the propulsion for these vehicles. Passengers are also sitting on stools, sometimes directly above the road. Moreover, the quadricycles are open-air, and therefore the drinking will be visible to the public. Current law prohibits open containers in public spaces if prohibited by the city or county.

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

According to the Assembly Appropriations Committee, this bill incurs minor enforcement costs to the Department of Alcoholic Beverage Control and local law enforcement, potentially offset to some extent by fine revenues. Training costs for operator and safety monitors will likely be covered by fees paid to private training providers.

SUPPORT: (Verified 9/8/15)

None received

OPPOSITION: (Verified 9/8/15)

None received

ASSEMBLY FLOOR: 74-0, 9/8/15

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

NO VOTE RECORDED: Campos, Chávez, Cooper, Eggman, Harper, Melendez

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

9/8/15 21:47:12

**** END ****

SENATE THIRD READING

STR Bill Id:SB 530

Author:(Pan)

As Amended Ver:September 3, 2015

Majority vote

SENATE VOTE: 35-0

SUMMARY: Creates a new category of pedicabs, as defined, and establishes a set of operational requirements, as specified. Specifically, this bill:

1. Expands the definition of pedicab to include 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 used for transporting passengers for hire, as specified.

2. Specifies certain equipment requirements related to this new category of pedicabs including seatbelts for all passengers, seat backs, breaks, reflectors, headlights, and grab rails.

3. Specifies that all operating pedicabs must meet the abovementioned requirements by January 1, 2017, in order to remain in operation.

4. Requires pedicabs, as defined, to be annually inspected by an entity designated by the local jurisdiction to ensure a pedicab meets the requirements specified in this bill. Further allows the designated entity to charge a reasonable fee to cover the cost of the inspection.

5. Prohibits a pedicab, as defined, from having a seating capacity for more than 15 passengers.

6. Requires a pedicab, as defined, to be authorized by a local ordinance or resolution to operate within the applicable local jurisdiction. Further prohibits a pedicab from operating on a freeway or on a highway with a posted speed limit of excess of 30 miles per hour, as specified.

7. Requires the operator of a pedicab, commencing January 1, 2016, to annually report any accidents to the California Highway Patrol (CHP).

8. Prohibits a pedicab from loading or unloading passengers on roadways or in the middle of highways.

9. Requires a pedicab to be operated as close as practicable to the right hand curb or edge of the roadway, except when necessary to overtake another vehicle, avoid a stationary object, or when preparing to make a left turn.

10. Requires a pedicab, as defined, to have proof of financial responsibility, as specified.

11. Requires the pedicab operator to be at least 21 years of age and hold a valid driver's license.

12. Provides that for pedicabs where alcohol is consumed by passengers, the pedicab service is required to:

1. Obtain authorization by the appropriate local authority through the approval of a local ordinance or resolution;

2. Provide an on-board safety monitor who is at least 21 years of age whenever alcohol is being consumed;

3. Have both the operator and safety monitor complete either the Licensee Education on Alcohol and Drugs program implemented by the Department of Alcoholic Beverage Control or a training course utilizing the curriculum recommended by the Responsible Beverage Service Advisory Board; and,

4. Permit only passengers that are 21 years of age or older if alcohol is being consumed.

13. Prohibits the safety monitor from supervising passengers while being under the influence of any alcoholic beverage and be subject to certain violations, as specified.

14. Provides that alcoholic beverages may only be supplied by the passengers of the pedicab, and shall be in enclosed, sealed, and unopened containers that have been labeled prior to their consumption on board the pedicab.

15. Provides that a license or permit issued by the Department of Alcoholic Beverage Control is not required to be obtained by a pedicab, as defined, if the pedicab operator or its employees do no sell, serve, or furnish any alcoholic beverage to any passenger, as specified.

16. Provides that the provisions specified in this bill sunset on January 1, 2020.

17. Makes technical conforming changes.

FISCAL EFFECT: According to the Assembly Appropriations Committee, minor enforcement costs to the Department of Alcoholic Beverage Control and local law enforcement, potentially offset to some extent by fine revenues. Training costs for operator and safety monitors will likely be covered by fees paid to private training providers.

COMMENTS: Originally established in Europe, this type of pedal-powered vehicle, otherwise known as a party bike, beer bike, or pedibus, has rapidly grown in popularity throughout cities in the United States. Cities such as Portland, Denver, and Sacramento all permit some form of this transportation services within their city. These human pedal-powered vehicles can generally seat up to fifteen passengers with the steering and breaking controlled by a driver who does not provide pedaling power. Additionally, these pedal-powered vehicle's typically are used to offer guided riding tours through tourist and entertainment areas, many times accompanied with stops to local bars and restaurants.

The author introduced this bill to establish a set of safety standards for this new category of pedicab service (party bikes). Currently party bike businesses are licensed by the host city without any state involvement. This has created some uncertainty about how to properly classify party bikes or how to prescribe any particular set of safety standards. While there have been no reported or known party bike accidents within California, incidents have occurred in other states. For example, in 2013, a party bike in Minneapolis tipped over while traveling downhill towards the end of its tour.

Within California, party bike companies currently operate under conditions which vary in each municipality. This bill establishes a basic set of uniform standards by requiring party bikes to be equipped with certain safety equipment, requiring party bike operators to meet particular requirements, and requiring all party bike operators to meet these requirements before January 1, 2017. The author notes that this industry is growing rapidly, and that California should address regulation at the state level before any significant public safety issues arise.

Please see the policy committee analysis for full discussion of this bill.

Analysis Prepared by: Manny Leon / TRANS. / (916) 319-2093 FN: 0002033

SENATE THIRD READING

STR Bill Id:SB 530

Author:(Pan)

As Amended Ver:August 31, 2015

Majority vote

SENATE VOTE: 35-0

SUMMARY: Creates a new category of pedicabs, as defined, and establishes a set of operational requirements, as specified. Specifically, this bill:

1. Expands the definition of pedicab to include 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 used for transporting passengers for hire, as specified.

2. Specifies certain equipment requirements related to this new category of pedicabs including seatbelts for all passengers, seat backs, breaks, reflectors, headlights, and grab rails.

3. Specifies that all operating pedicabs must meet the abovementioned requirements by January 1, 2017, in order to remain in operation.

4. Requires pedicabs, as defined, to be annually inspected by an entity designated by the local jurisdiction to ensure a pedicab meets the requirements specified in this bill. Further allows the designated entity to charge a reasonable fee to cover the cost of the inspection.

5. Prohibits a pedicab, as defined, from having a seating capacity for more than 15 passengers.

6. Requires a pedicab, as defined, to be authorized by a local ordinance or resolution to operate within the applicable local jurisdiction. Further prohibits a pedicab from operating on a freeway or on a highway with a posted speed limit of excess of 30 miles per hour, as specified.

7. Requires a pedicab, as defined, to have proof of financial responsibility, as specified.

8. Requires the pedicab operator to be at least 21 years of age and hold a valid driver's license.

9. Provides that for pedicabs where alcohol is consumed by passengers, the pedicab service is required to:

1. Obtain authorization by the appropriate local authority through the approval of a local ordinance or resolution;

2. Provide an on-board safety monitor who is at least 21 years of age whenever alcohol is being consumed;

3. Have both the operator and safety monitor complete either the Licensee Education on Alcohol and Drugs program implemented by the Department of Alcoholic Beverage Control or a training course utilizing the curriculum recommended by the Responsible Beverage Service Advisory Board; and,

4. Permit only passengers that are 21 years of age or older if alcohol is being consumed.

10. Prohibits the safety monitor from supervising passengers while being under the influence of any alcoholic beverage and be subject to certain violations, as specified.

11. Provides that alcoholic beverages may only be supplied by the passengers of the pedicab, and shall be in enclosed, sealed, and unopened containers that have been labeled prior to their consumption on board the pedicab.

12. Provides that a license or permit issued by the Department of Alcoholic Beverage Control is not required to be obtained by a pedicab, as defined, if the pedicab operator or its employees do no sell, serve, or furnish any alcoholic beverage to any passenger, as specified.

13. Makes technical conforming changes.

FISCAL EFFECT: According to the Assembly Appropriations Committee, minor enforcement costs to the Department of Alcoholic Beverage Control and local law enforcement, potentially offset to some extent by fine revenues. Training costs for operator and safety monitors will likely be covered by fees paid to private training providers.

COMMENTS: Originally established in Europe, this type of pedal-powered vehicle, otherwise known as a party bike, beer bike, or pedibus, has rapidly grown in popularity throughout cities in the United States. Cities such as Portland, Denver, and Sacramento all permit some form of this transportation services within their city. These human pedal-powered vehicles can generally seat up to 15 passengers with the steering and breaking controlled by a driver who does not provide pedaling power. Additionally, these pedal-powered vehicle's typically are used to offer guided riding tours through tourist and entertainment areas, many times accompanied with stops to local bars and restaurants.

The author introduced this bill to establish a set of safety standards for this new category of pedicab service (party bikes). Currently party bike businesses are licensed by the host city without any state involvement. This has created some uncertainty about how to properly classify party bikes or how to prescribe any particular set of safety standards. While there have been no reported or known party bike accidents within California, incidents have occurred in other states. For example, in 2013, a party bike in Minneapolis tipped over while traveling downhill towards the end of its tour.

Within California, party bike companies currently operate under conditions which vary in each municipality. This bill establishes a basic set of uniform standards by requiring party bikes to be equipped with certain safety equipment, requiring party bike operators to meet particular requirements, and requiring all party bike operators to meet these requirements before January 1, 2017. The author notes that this industry is growing rapidly, and that California should address regulation at the state level before any significant public safety issues arise.

Please see the policy committee analysis for a full discussion of this bill.

Analysis Prepared by: Manny Leon / TRANS. / (916) 319-2093 FN: 0001746

SENATE THIRD READING

STR Bill Id:SB 530

Author:(Pan)

As Amended Ver:July 9, 2015

Majority vote

SENATE VOTE: 35-0

SUMMARY: Creates a new category of pedicabs, as defined, and establishes a set of operational requirements, as specified. Specifically, this bill:

1. Expands the definition of pedicab to include 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 used for transporting passengers for hire, as specified.

2. Specifies certain equipment requirements related to this new category of pedicabs including seatbelts for all passengers, seat backs, breaks, reflectors, headlights, and grab rails.

3. Specifies that all operating pedicabs must meet the abovementioned requirements by January 1, 2017, in order to remain in operation.

4. Prohibits a pedicab, as defined, from having a seating capacity for more than 15 passengers.

5. Requires a pedicab, as defined, to be authorized by a local ordinance or resolution to operate within the applicable local jurisdiction.

6. Requires a pedicab, as defined, to have proof of financial responsibility, as specified.

7. Requires the pedicab operator to be at least 21 years of age and hold a valid driver's license.

8. Provides that for pedicabs where alcohol is consumed by passengers, the pedicab service is required to:

1. Obtain authorization by the appropriate local authority through the approval of a local ordinance or resolution;

2. Provide an on-board safety monitor who is at least 21 years of age whenever alcohol is being consumed;

3. Have both the operator and safety monitor complete either the Licensee Education on Alcohol and Drugs program implemented by the Department of Alcoholic Beverage Control or a training course utilizing the curriculum recommended by the Responsible Beverage Service Advisory Board; and,

4. Permit only passengers that are 21 years of age or older if alcohol is being consumed.

9. Prohibits the safety monitor from supervising passengers while being under the influence of any alcoholic beverage and be subject to certain violations, as specified.

10. Provides that alcoholic beverages may only be supplied by the passengers of the pedicab, and shall be in enclosed, sealed, and unopened containers that have been labeled prior to their consumption on board the pedicab.

11. Provides that a license or permit issued by the Department of Alcoholic Beverage Control is not required to be obtained by a pedicab, as defined, if the pedicab operator or its employees do no sell, serve, or furnish any alcoholic beverage to any passenger, as specified.

12. Makes technical conforming changes.

FISCAL EFFECT: According to the Assembly Appropriations Committee, minor enforcement costs to the Department of Alcohol Beverage Control and local law enforcement, potentially offset to some extent by fine revenues. Training costs for operator and safety monitors will likely be covered by fees paid to private training providers.

COMMENTS: Originally established in Europe, this type of pedal-powered vehicle, otherwise known as a party bike, beer bike, or pedibus, has rapidly grown in popularity throughout cities in the United States. Cities such as Portland, Denver, and Sacramento all permit some form of this transportation services within their city. These human pedal-powered vehicles can generally seat up to 15 passengers with the steering and breaking controlled by a driver who does not provide pedaling power. Additionally, these pedal-powered vehicle's typically are used to offer guided riding tours through tourist and entertainment areas, many times accompanied with stops to local bars and restaurants.

The author introduced this bill to establish a set of safety standards for this new category of pedicab service (party bikes). Currently party bike businesses are licensed by the host city without any state involvement. This has created some uncertainty about how to properly classify party bikes or how to prescribe any particular set of safety standards. While there have been no reported or known party bike accidents within California, incidents have occurred in other states. For example, in 2013, a party bike in Minneapolis tipped over while traveling downhill towards the end of its tour.

Within California, party bike companies currently operate under conditions which vary in each municipality. This bill establishes a basic set of uniform standards by requiring party bikes to be equipped with certain safety equipment, requiring party bike operators to meet particular requirements, and requiring all party bike operators to meet these requirements before January 1, 2017. The author notes that this industry is growing rapidly, and that California should address regulation at the state level before any significant public safety issues arise.

Please see the policy committee analysis for a full discussion of this bill.

Analysis Prepared by: Manny Leon / TRANS. / (916) 319-2093 FN: 0001433

Date of Hearing: August 19, 2015

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Jimmy Gomez, Chair

SBPCA Bill Id:SB 530

Author:(Pan) – As Amended Ver:July 9, 2015

Urgency: No State Mandated Local Program: Yes Reimbursable: No

SUMMARY:

This bill creates a new category of pedicabs and establishes a set of operational requirements, including for when alcohol is consumed by passengers. Specifically, this bill:

1. Expands the definition of pedicab to include a four-wheeled device that is primarily or exclusively pedal-powered, has a seating capacity for eight to 15 passengers, cannot travel in excess of 15 miles per hour, and is used for transporting passengers for hire.

2. Requires these pedicabs, by January 1, 2017, to be equipped with seatbelts for all passengers, seat backs, brakes, reflectors, headlights, and grab rails.

3. Require the pedicabs to be authorized by for use by local ordinance or resolution in order to operate within that local jurisdiction.

4. Requires, when alcohol is consumed by passengers while on a pedicab, that the pedicab service meet all of the following:

   1. Receive authorization from the appropriate local authority via local ordinance or resolution.

   2. Provide an on-board safety monitor who is at least 21 years of age.

   3. Have both the pedicab operator and the safety monitor complete either the Licensee Education on Alcohol and Drugs program (LEAD) implemented by the Department of Alcoholic Beverage Control (ABC) or a training course utilizing the curriculum recommended by the Responsible Beverage Service Advisory Board.

   4. Permit only passengers that are 21 years of age or older.

5. Provides that alcoholic beverages may only be supplied by the passengers of the pedicab, and shall be in enclosed sealed, and unopened containers that have been labeled prior to their consumption on board the pedicab.

FISCAL EFFECT:

Minor enforcement costs to ABC and local law enforcement, potentially offset to some extent by fine revenues. Training costs for operator and safety monitors will likely be covered by fees paid to private training providers.

COMMENTS:

1. Background. Originally established in Europe, this type of pedal-powered vehicle, otherwise known as a party bike, beer bike, or pedibus, has rapidly grown in popularity throughout cities in the United States. Cities such as Portland, Denver, and Sacramento all permit some form of this transportation services within their respective city. These human pedal-powered vehicles can generally seat up to fifteen passengers with the steering and breaking controlled by a driver who does not provide pedaling power. Additionally, these vehicles typically are used to offer guided riding tours through tourist and entertainment areas, many times accompanied with stops to local bars and restaurants.

2. Purpose. Within California, party bike companies currently operate under conditions, which vary in each municipality. SB 530 establishes a basic set of uniform standards by requiring party bikes to be equipped with certain safety equipment, requiring party bike operators to meet particular requirements, and requiring all party bike operators to meet these requirements before January 1, 2017. The author notes that this industry is growing rapidly, and that California should address regulation at the state level before any significant public safety issues arise.

Analysis Prepared by: Chuck Nicol / APPR. / (916) 319-2081

Date of Hearing: July 15, 2015

ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION

Adam Gray, Chair

SBPCA Bill Id:SB 530

Author:(Pan) – As Amended Ver:July 9, 2015

SENATE VOTE: 35-0

SUBJECT: Pedicabs.

SUMMARY: Creates a new category of pedicabs, as defined, and establishes a set of operational requirements, including alcohol consumption by passengers, as specified. Specifically, this bill:

1. Expands the definition of pedicab to include 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 used for transporting passengers for hire, as specified.

2. Specifies certain equipment requirements related to this new category of pedicabs including seatbelts for all passengers, seat backs, breaks, reflectors, headlights, and grab rails. 

3. Specifies that all operating pedicabs must meet the abovementioned requirements by
   January 1, 2017, in order to remain in operation. 

4. Prohibits a pedicab, as defined, from having a seating capacity for more than 15 passengers.

5. Requires a pedicab, as defined, to be authorized by a local ordinance or resolution to operate within the applicable local jurisdiction.

6. Requires a pedicab, as defined, to have proof of financial responsibility, as specified.

7. Requires the pedicab operator to be at least 21 years of age and hold a valid driver's license.

8. Provides that for pedicabs where alcohol is consumed by passengers, the pedicab service is required to:

1. Obtain authorization by the appropriate local authority through the approval of a local ordinance or resolution;

2. Provide an on-board safety monitor who is at least 21 years of age whenever alcohol is being consumed;

3. Have both the operator and safety monitor complete either the Licensee Education on Alcohol and Drugs program (LEAD) implemented by the Department of Alcoholic Beverage Control (ABC) or a training course utilizing the curriculum recommended by the Responsible Beverage Service Advisory Board; and,

4. Permit only passengers that are 21 years of age or older if alcohol is being consumed.

5. 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.

6. All alcoholic beverages supplied by passengers of the pedicab shall be in enclosed and enclosed, sealed, and unopened containers that have been labeled prior to their consumption on board the pedicab.

7. Alcoholic beverages may be consumed by a passenger of the pedicab only while he or she is physically on board and within the pedicab.

9. Prohibits the safety monitor from supervising passengers while being under the influence of any alcoholic beverage and be subject to certain violations, as specified.

10. Provides that a license or permit issued by the Department of Alcoholic Beverage Control (ABC) is not required to be obtained by a pedicab, as defined, if the pedicab operator or its employees do no sell, serve, or furnish any alcoholic beverage to any passenger, as specified.

11. Makes technical conforming changes.

EXISTING LAW:

1. Defines a vehicle as a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.

2. Defines pedicabs as either 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 is being used for transporting passengers for hire, or a bicycle that pulls a trailer, sidecar, or similar device, that transports passengers on seats attached to a trailer or similar device, that is operated by a person, and is used for transporting passengers, as specified.

3. Specifies that a person riding a bicycle or operating a pedicab upon a highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle, including, but not limited to, provisions relating to driving under the influence of alcoholic beverages or drugs.  

4. Any person possessing any can, bottle, or other receptacle containing any alcoholic beverage that has been opened, or a seal broken, or the contents of which have been partially removed, in any city, county, or city and county owned park or other city, county, or city and county owned public place, or any recreation and park district, or any regional park or open-space district shall be guilty of an infraction if the city, county, or city and county has enacted an ordinance that prohibits the possession of those containers in those areas or the consumption of alcoholic beverages in those areas.

5. Establishes ABC and grants it exclusive authority to administer the provisions of the Alcholic Beverage Control Act (Act) in accordance with laws enacted by the Legislature. This involves licensing individuals and businesses associated with the manufacture, importation and sale of alcoholic beverages in this state and the collection of license fees for this purpose.

6. Defines “Alcoholic beverage” to include alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of 1 percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.

7. Provides no ABC license or permit shall be required for the serving and otherwise disposing of alcoholic beverages where all of the following conditions prevail: 1) That there is no sale of an alcoholic beverage; 2) That the premises are not open to the general public during the time alcoholic beverages are served, consumed or otherwise disposed of; and 3) That the premises are not maintained for the purpose of keeping, serving, consuming or otherwise disposing of alcoholic beverages.

8. Under the Act, it is a public nuisance for any person to maintain any club room in which any alcoholic beverage is received or kept, or to which any alcoholic beverage is brought, for consumption on the premises by members of the public or of any club, corporation, or association, unless the person and premises are licensed under this division. It is a public nuisance for any person to keep, maintain, operate or lease any premises for the purpose of providing therein for a consideration a place for the drinking of alcoholic beverages by members of the public or other persons, unless the person and premises are licensed under this division. As used herein “consideration” includes cover charge, the sale of food, ice, mixers or other liquids used with alcoholic beverage drinks, or the furnishing of glassware or other containers for use in the consumption of alcoholic beverage drinks. The Attorney General or any district attorney may bring an action in the name of the people to abate the nuisance, and the Attorney General shall, upon request of ABC, bring the action.

9. Allows the serving of alcoholic beverages without a license or permit in a “limousine” or as part of a “hot air balloon ride” service, provided there is no extra charge or fee for the alcoholic beverages.

FISCAL EFFECT: Unknown.

COMMENTS:

Originally established in Europe, this type of pedal-powered vehicle, otherwise known as a party bike, beer bike, or pedibus, has rapidly grown in popularity throughout cities in the United States.  Cities such as Portland, Denver, and Sacramento all permit some form of this transportation services within their city.  These human pedal-powered vehicles can generally seat up to fifteen passengers with the steering and breaking controlled by a driver who does not provide pedaling power. Additionally, these pedal-powered vehicle's typically are used to offer guided riding tours through tourist and entertainment areas, many times accompanied with stops to local bars and restaurants. 

The author introduced SB 530 to establish a set of safety standards for this new category of pedicab service (party bikes). Currently party bike businesses are licensed by the host city without any state involvement. This has created some uncertainty about how to properly classify party bikes or how to prescribe any particular set of safety standards. While there have been no reported or known party bike accidents within California, incidents have occurred in other states. For example, in 2013, a party bike in Minneapolis tipped over while traveling downhill towards the end of its tour.

Within California, party bike companies currently operate under conditions, which vary in each municipality. SB 530 establishes a basic set of uniform standards by requiring party bikes to be equipped with certain safety equipment, requiring party bike operators to meet particular requirements, and requiring all party bike operators to meet these requirements before January 1, 2017. The author notes that this industry is growing rapidly, and that California should address regulation at the state level before any significant public safety issues arise.

Background: Existing law provides authority for ABC to issue numerous types of licenses. Currently, it is unlawful for any corporation, club, or organization to sell, give, serve, dispense, keep, or allow to be consumed on its premises any alcoholic beverage unless licensed or permitted by law. This prohibition includes the serving of free alcohol with the purchase of another good or service. It is also unlawful for any person to keep or consume an alcoholic beverage on any premises open to the public other than as specifically permitted by law.

Existing law defines various types of vehicles with differing rights and responsibilities. Bicycles, motorized bicycles, pedicabs, neighborhood electric vehicles, motorcycles, passenger vehicles, and buses are just some of the different types of vehicles allowed to use California streets and highways. This bill deals with four-wheeled, primarily pedal-powered vehicles that carry up to 15 passengers. These are substantial vehicles, about the size of a car, and can cost up to $100,000.

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, financial responsibility, and passenger alcohol consumption. A pedicab shall not operate on any highway under the jurisdiction of the local authority unless authorized by resolution or ordinance.

Pedicabs will be required to be equipped with seatbelts for all passengers, seat backs, brakes, reflectors, headlights, and grab rails. A pedicab that does not meet these requirements shall meet these requirements by January 1, 2017, in order to continue operation.

ABC's LEAD Program: The LEAD Program is a free, voluntary prevention and education program for retail licensees, their employees and applicants. It began on January 1, 1991 with a grant from the California Office of Traffic Safety. The training classes are offered at a variety of locations throughout the California. The classes include instruction on checking various forms of identification, detecting and preventing illegal activity, reducing liability and much more. Each training class lasts 4 hours. At the conclusion of the class, an exam is given on the material that was covered. Each person that fulfills all of the training requirements receives a certificate, via email, certifying that they successfully completed a LEAD training course.

Policy considerations: The author might want to consider amending the bill to make the responsible beverage service training requirement subject to private organizations that offer such training throughout the state. Otherwise, if ABC's LEAD program is utilized, it might be appropriate for the department to assess a fee for service, as current funding for this required training is offset from annual retail license fees paid into the ABC Fund.

The Committee may wish to consider if this bill might create a safety hazard if local governments choose to permit alcoholic beverages to be consumed on board. Moreover, pedicabs are open-air, and therefore the alcohol consumption will be visible to the public.

Double referral: On June 29, 2015, this bill passed the Assembly Transportation Committee by a 14-0 vote.

Related legislation: AB 1322 (Daly) of 2015. Would allow beauty salons and barber shops, in good standing with the California Board of Barbering and Cosmetology (CBBC), to serve their clients limited quantities of beer or wine at no extra charge during normal business hours without obtaining a license or permit from ABC. (Pending in Senate G.O. Committee)

AB 604 (Olsen) of 2015. Defines "electrically motorized skateboard" and authorizes cities and counties to regulate their use. (In Assembly - Concurrence in Senate amendments pending)

Prior legislation: SB 346 (Harman) of 2011. Would have authorized the serving of alcoholic beverages without a license or permit as part of a "gondola ride" (boat) service. (Held in Assembly Appropriations Committee at request of the author)

AB 2416 (Governmental Organization Committee, Chapter 639, Statutes of 1998). Provided that a license or permit is not required for the serving of alcoholic beverages as part of a hot air balloon ride service, provided there is no extra charge or fee for the alcoholic beverages.

SB 1546 (Beverly, Chapter 1354, Statutes of 1986). Provided that a license or permit is not required for the serving of alcoholic beverages in a limousine provided there is no extra charge or fee for the alcoholic beverages.

REGISTERED SUPPORT / OPPOSITION:

Support

Off the Chain, Sponsor

City Cruiser

Pedal On

Roberta MacGlashan, Sacramento County Supervisor

Social Cycle

Various letters of support from individuals

Opposition

None on file

Analysis Prepared by: Eric Johnson / G.O. / (916) 319-2531

Date of Hearing: June 29, 2015

ASSEMBLY COMMITTEE ON TRANSPORTATION

Jim Frazier, Chair

SBPCA Bill Id:SB 530

Author:(Pan) – As Amended Ver:June 25, 2015

FOR VOTE ONLY

SENATE VOTE: 35-0

SUBJECT: Pedicabs.

SUMMARY:  Creates a new category of pedicabs, as defined, and establishes a set of operational requirements, as specified.  Specifically, this bill:

1. Expands the definition of pedicab to include 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 used for transporting passengers for hire, as specified.

2. Specifies certain equipment requirements related to this new category of pedicabs including seatbelts for all passengers, seat backs, breaks, reflectors, headlights, and grab rails. 

3. Specifies that all operating pedicabs must meet the abovementioned requirements by
   January 1, 2017, in order to remain in operation. 

4. Prohibits a pedicab, as defined, from having a seating capacity for more than 15 passengers.

5. Requires a pedicab, as defined, to be authorized by a local ordinance or resolution to operate within the applicable local jurisdiction.

6. Requires a pedicab, as defined, to have proof of financial responsibility, as specified.

7. Requires the pedicab operator to be at least 21 years of age and hold a valid driver's license.

8. Provides that for pedicabs where alcohol is consumed by passengers, the pedicab service is required to:

1. Obtain authorization by the appropriate local authority through the approval of a local ordinance or resolution;

2. Provide an on-board safety monitor who is at least 21 years of age whenever alcohol is being consumed;

3. Have both the operator and safety monitor complete either the Licensee Education on Alcohol and Drugs program implemented by the Department of Alcoholic Beverage Control or a training course utilizing the curriculum recommended by the Responsible Beverage Service Advisory Board; and,

4. Permit only passengers that are 21 years of age or older if alcohol is being consumed.

9. Prohibits the safety monitor from supervising passengers while being under the influence of any alcoholic beverage and be subject to certain violations, as specified.

10. Provides that a license or permit issued by the Department of Alcoholic Beverage Control is not required to be obtained by a pedicab, as defined, if the pedicab operator or its employees do no sell, serve, or furnish any alcoholic beverage to any passenger, as specified.

11. Makes technical conforming changes.

EXISTING LAW:   

1. Defines a vehicle as a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.

2. Defines pedicabs as either 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 is being used for transporting passengers for hire, or a bicycle that pulls a trailer, sidecar, or similar device, that transports passengers on seats attached to a trailer or similar device, that is operated by a person, and is used for transporting passengers, as specified.

3. Specifies that a person riding a bicycle or operating a pedicab upon a highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle, including, but not limited to, provisions relating to driving under the influence of alcoholic beverages or drugs.  

4. Any person possessing any can, bottle, or other receptacle containing any alcoholic beverage that has been opened, or a seal broken, or the contents of which have been partially removed, in any city, county, or city and county owned park or other city, county, or city and county owned public place, or any recreation and park district, or any regional park or open-space district shall be guilty of an infraction if the city, county, or city and county has enacted an ordinance that prohibits the possession of those containers in those areas or the consumption of alcoholic beverages in those areas.

FISCAL EFFECT:  Unknown

COMMENTS:  Originally established in Europe, this type of pedal-powered vehicle, otherwise known as a party bike, beer bike, or pedibus, has rapidly grown in popularity throughout cities in the United States.  Cities such as Portland, Denver, and Sacramento all permit some form of this transportation services within their city.  These human pedal-powered vehicles can generally seat up to fifteen passengers with the steering and breaking controlled by a driver who does not provide pedaling power. Additionally, these pedal-powered vehicle's typically are used to offer guided riding tours through tourist and entertainment areas, many times accompanied with stops to local bars and restaurants. 

The author introduced SB 530 to establish a set of safety standards for this new category of pedicab service (party bikes). Currently party bike businesses are licensed by the host city without any state involvement. This has created some uncertainty about how to properly classify party bikes or how to prescribe any particular set of safety standards. While there have been no reported or known party bike accidents within California, incidents have occurred in other states. For example, in 2013, a party bike in Minneapolis tipped over while traveling downhill towards the end of its tour.

Within California, party bike companies currently operate under conditions which vary in each municipality. SB 530 establishes a basic set of uniform standards by requiring party bikes to be equipped with certain safety equipment, requiring party bike operators to meet particular requirements, and requiring all party bike operators to meet these requirements before January 1, 2017. The author notes that this industry is growing rapidly, and that California should address regulation at the state level before any significant public safety issues arise.

SB 530 was heard by this committee on June 23, 2015, and failed passage. The author requested reconsideration and has amended SB 530 to address several concerns that were discussed at that hearing.

Double referral: This bill will be referred to the Assembly Government Organization Committee should it pass out of this committee.

REGISTERED SUPPORT / OPPOSITION:

Support

BikeSD

California Travel Association

City Cruiser – San Diego

Greater Palm Springs Convention and Visitors Bureau

Honorable Roberta MacGlashan, Sacramento County Supervisor

Jake's on 6^th

La Puerta

Off the Chain

Pedal On, LLC – San Diego

Social Cycle San Diego/Palm Springs

Social Syndicate

The Local Eatery and Drinking Hole

The Local Pacific Beach

Wonderland Ocean Pub

27 private citizens

Opposition

California Police Chiefs Association

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

Date of Hearing: June 22, 2015

ASSEMBLY COMMITTEE ON TRANSPORTATION

Jim Frazier, Chair

SBPCA Bill Id:SB 530

Author:(Pan) – As Amended Ver:June 15, 2015

SENATE VOTE: 35-0

SUBJECT: Pedicabs.

SUMMARY:  Creates a new category of pedicabs, as defined, and establishes a set of operational requirements, as specified.  Specifically, this bill:

1. Expands the definition of pedicab to include a four-wheeled device that is primarily or exclusively pedal-powered, has a seating capacity of not more than 15 passengers, cannot travel in excess of 15 miles per hour, and is used for transporting passengers for hire, as specified.

2. Specifies certain equipment requirements related to this new category of pedicabs including seatbelts for all passengers, seat backs, breaks, reflectors, headlights, and grab rails. 

3. Specifies that all operating pedicabs must meet the abovementioned requirements by
   January 1, 2017, in order to remain in operation. 

4. Requires the pedicab operator to be at least 21 years of age and hold a valid driver's license.

5. Provides that for pedicabs that offer on-board alcohol consumption for passengers, as approved by a local jurisdiction, the pedicab service is required to:

1. Provide an on-board safety monitor who is at least 21 years of age whenever alcohol is being consumed;

2. Have both the operator and safety monitor complete the Licensee Education on Alcohol and Drugs program implemented by the Department of Alcoholic Beverage Control; and,

3. Permit only passengers that are 21 years of age or older if alcohol is being consumed.

EXISTING LAW:   

1. Defines a vehicle as a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.

2. Defines pedicabs as either 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 is being used for transporting passengers for hire, or a bicycle that pulls a trailer, sidecar, or similar device, that transports passengers on seats attached to a trailer or similar device, that is operated by a person, and is used for transporting passengers, as specified.

3. Specifies that a person riding a bicycle or operating a pedicab upon a highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle, including, but not limited to, provisions relating to driving under the influence of alcoholic beverages or drugs.  

4. Any person possessing any can, bottle, or other receptacle containing any alcoholic beverage that has been opened, or a seal broken, or the contents of which have been partially removed, in any city, county, or city and county owned park or other city, county, or city and county owned public place, or any recreation and park district, or any regional park or open-space district shall be guilty of an infraction if the city, county, or city and county has enacted an ordinance that prohibits the possession of those containers in those areas or the consumption of alcoholic beverages in those areas.

FISCAL EFFECT:  Unknown

COMMENTS:  Originally established in Europe, this type of pedal-powered vehicle, otherwise known as a party bike, beer bike, or pedibus, has rapidly grown in popularity throughout cities in the United States.  Cities such as Portland, Denver, and Sacramento all permit some form of this transportation services within their city.  These human pedal-powered vehicles can generally seat up to fifteen passengers with the steering and breaking controlled by a driver who does not provide pedaling power. Additionally, these pedal-powered vehicle's typically are used to offer guided riding tours through tourist and entertainment areas, many times accompanied with stops to local bars and restaurants. 

The author introduced SB 530 to establish a set of safety standards for this new category of pedicab service (party bikes). Currently party bike businesses are licensed by the host city without any state involvement. This has created some uncertainty about how to properly classify party bikes or how to prescribe any particular set of safety standards. While there have been no reported or known party bike accidents within California, incidents have occurred in other states. For example, in 2013, a party bike in Minneapolis tipped over while traveling downhill towards the end of its tour.

Within California, party bike companies currently operate under conditions which vary in each municipality. SB 530 establishes a basic set of uniform standards by requiring party bikes to be equipped with certain safety equipment, requiring party bike operators to meet particular requirements, and requiring all party bike operators to meet these requirements before January 1, 2017. The author notes that this industry is growing rapidly, and that California should address regulation at the state level before any significant public safety issues arise.

Committee concern: While SB 530 aims to establish a safety framework to govern party bikes, perhaps the bigger policy question is should the state pave the way for local municipalities to allow alcohol consumption by passengers on party bikes?  Currently, local municipalities are not empowered to grant such authority.  Although SB 530 does not deal with this issue directly, the author has indicated that it is his intent that local municipalities be allowed to authorize such activities.    

Double referral: This bill will be referred to the Assembly Government Organization Committee should it pass out of this committee.

REGISTERED SUPPORT / OPPOSITION:

Support

BikeSD

California Travel Association

City Cruiser – San Diego

Greater Palm Springs Convention and Visitors Bureau

Honorable Roberta MacGlashan, Sacramento County Supervisor

Jake's on 6^th

La Puerta

Off the Chain

Pedal On, LLC – San Diego

Social Cycle San Diego/Palm Springs

Social Syndicate

The Local Eatery and Drinking Hole

The Local Pacific Beach

Wonderland Ocean Pub

1 private citizen

Opposition

California Police Chiefs Association

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

 THIRD READING  

Bill No: SB 530

Author: Pan (D)

Amended: 4/22/15

Vote: 21

SENATE TRANS. & HOUSING COMMITTEE: 10-1, 4/28/15

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

NOES: Beall

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

SUBJECT: Pedicabs

SOURCE: Author

DIGEST: This bill expands the definition of “pedicab” to include pedal-powered vehicles that can carry up to 15 passengers, and creates minimum operational and equipment requirements.

ANALYSIS: Existing law defines various types of vehicles with differing rights and responsibilities. Bicycles, motorized bicycles, pedicabs, neighborhood electric vehicles, motorcycles, passenger vehicles, and buses are just some of the different types of vehicles allowed to use California streets and highways.

This bill:

1. Expands the definition of pedicab to include a device which is primarily pedal-powered, has a seating capacity of not more than 15 passengers, and cannot travel faster than 15 miles per hour. This type of pedicab must be equipped with basic safety equipment including seat belts, seat backs, brakes, reflectors, headlights and grab rails, and must be operated by a 21-year-old adult with a valid California driver’s license. Existing devices have until January 1, 2017, to retrofit with this equipment.

2. Provides that if a city allows alcohol to be consumed on board, the operator shall also provide an on-board adult safety monitor and both the driver and safety monitor must have completed the Licensee Education on Alcohol and Drugs program implemented by the Department of Alcoholic Beverage Control.

Background

In Sacramento, San Diego, and other California cities, these vehicles are used to offer guided riding tours through tourist and entertainment areas, often accompanied with stops at bars and restaurants. These businesses have so far been licensed by the host city without any state involvement. This has created some uncertainty about whether these vehicles can lawfully use city streets as there is no existing vehicle definition which specifically covers them, particularly if the vehicle has a motor to assist the pedaling passengers.

This bill deals with four-wheeled, primarily pedal-powered vehicles that carry up to 15 passengers. These are substantial vehicles, about the size of a car, and can cost up to $100,000.

Comments

The author notes that the four existing quadricycle companies in California operate under conditions which vary in each municipality. This bill seeks to establish a uniform set of rules and a standard of best practices for quadricycles where alcohol will be consumed on board. The author notes that the industry is growing rapidly, and that California should address regulation at a statewide level before there are any accidents or injuries, as have been reported in other states.

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

SUPPORT: (Verified 5/12/15)

Off the Chain

Pedal On, LLC – San Diego

Roberta MacGlashan, Sacramento County Supervisor

Sac Brew Bike

Social Cycle

Numerous individuals

OPPOSITION: (Verified 5/12/15)

None received

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

5/13/15 16:37:43

**** END ****

SENATE COMMITTEE ON TRANSPORTATION AND HOUSING

Senator Jim Beall, Chair

2015 - 2016 Regular

Bill No: SB 530 Hearing Date: 4/28/2015

SUBJECT: Quadricycles

DIGEST: This bill expands the definition of “pedicab” to include pedal-powered vehicles that can carry up to 15 passengers, and creates minimum operational and equipment requirements.

ANALYSIS:

Existing law defines various types of vehicles with differing rights and responsibilities. Bicycles, motorized bicycles, pedicabs, neighborhood electric vehicles, motorcycles, passenger vehicles, and buses are just some of the different types of vehicles allowed to use California streets and highways.

This bill deals with four-wheeled, primarily pedal-powered vehicles that carry up to 15 passengers. These are substantial vehicles, about the size of a car, and can cost up to $100,000.

In Sacramento, San Diego, and other California cities, these vehicles are used to offer guided riding tours through tourist and entertainment areas, often accompanied with stops at bars and restaurants. These businesses have so far been licensed by the host city without any state involvement. This has created some uncertainty about whether these vehicles can lawfully use city streets as there is no existing vehicle definition which specifically covers them, particularly if the vehicle has a motor to assist the pedaling passengers.

This bill expands the definition of pedicab to include a device which is primarily pedal-powered, has a seating capacity of not more than 15 passengers, and cannot travel faster than 15 miles per hour. This type of pedicab must be equipped with basic safety equipment including seat belts, seat backs, brakes, reflectors, headlights and grab rails, and must be operated by a 21-year-old adult with a valid California driver’s license. Existing devices have until January 1, 2017 to retrofit with this equipment.

This bill provides that if a city allows alcohol to be consumed on board, the operator shall also provide an on-board adult safety monitor and both the driver and safety monitor must have completed the Licensee Education on Alcohol and Drugs program implemented by the Department of Alcoholic Beverage Control.

COMMENTS:

1. Purpose of the bill. The author notes that the four existing quadricycle companies in California operate under conditions which vary in each municipality. This bill seeks to establish a uniform set of rules and a standard of best practices for quadricycles where alcohol will be consumed on board. The author notes that the industry is growing rapidly, and that California should address regulation at a statewide level before there are any accidents or injuries, as have been reported in other states.

2. Local control. The quadricycle business is relatively new and small: There are probably less than a dozen of these types of vehicles operating in California. The operators are small businesses who seem to have arrived at satisfactory operating rules with their local governments. There’s no evidence of operating or safety issues with the vehicles in California. Other states have had some noise and other issues associated with alcohol consumption; there was a tip-over in Milwaukee.

The bill creates a minimal regulatory structure with minimum safety and operating requirements. Defining quadricycles as pedicabs authorizes their operation on highways and subjects the pedicab operator to existing laws regarding driving under the influence of alcohol and drugs.

3. Drink? This bill creates some additional safety requirements if local governments choose to permit alcoholic beverages to be consumed on board. The author believes that instituting minimum state standards will make local permission more likely. There is precedent for this as limousines permit alcohol in their passenger compartments. However, there is a difference in that the quadricycle passengers are active participants, providing the propulsion for these vehicles. Passengers are also sitting on stools, sometimes directly above the road. Moreover, the quadricycles are open-air, and therefore the drinking will be visible to the public. Current law prohibits open containers in public spaces if prohibited by the city or county.

4. Competitive Advantage? Some quadricycle operators were concerned that a prior version of the bill provided some operators with a competitive advantage by establishing rules which would require costly retrofits for certain operators. The author has amended the bill and believes he has satisfied those concerns.

Related Legislation:

AB 604 (Olsen) — Creates a new class of vehicle, known as a motorized skateboard, and allows them to operate on streets and sidewalks.

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

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

April 22, 2015.)

SUPPORT:

(prior version)

Roberta MacGlashan, Sacramento County Supervisor

Off the Chair

Pedal On

OPPOSITION: (prior version)

Sacramento Brew Bike

Social Cycle

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SENATE COMMITTEE ON TRANSPORTATION AND HOUSING

Senator Jim Beall, Chair

2015 - 2016 Regular

Bill No: SB 530 Hearing Date: 4/21/2015

SUBJECT: Quadricycles

DIGEST: This bill creates a new classification of vehicles, known as quadricycles, and allows them to be operated on streets and carry passengers, and allows those passengers to consume alcohol, subject to local approval.

ANALYSIS:

Existing law defines various types of vehicles with differing rights and responsibilities. Bicycles, motorized bicycles, pedicabs, neighborhood electric vehicles, motorcycles, passenger vehicles, and buses are just some of the different types of vehicles allowed to use California streets and highways.

This bill deals with four-wheeled, primarily pedal-powered vehicles that carry up to 15 passengers. These are substantial vehicles, about the size of a car, and can cost up to $100,000.

In Sacramento, San Diego, and other California cities, these vehicles are used to offer guided riding tours through tourist and entertainment areas, often accompanied with stops at bars and restaurants. These businesses have so far been licensed by the host city without any state involvement. This has created some uncertainty about whether these vehicles can lawfully use city streets as there is no existing vehicle definition which specifically covers them, particularly if the vehicle has a motor to assist the pedaling passengers.

This bill establishes a new classification of vehicle, known as a quadricycle, which is primarily pedal-powered, has an electric motor to be used in emergencies, and cannot travel faster than 15 miles per hour. Quadricycles must be equipped with hydraulic brakes, have headlights and reflectors, and be equipped with a solid floor covering the entire passenger area below the pedals. Compliance inspections are required annually by the local law enforcement agency.

Regarding operation of the quadricycle, the bill requires that the operator must be a driver who is over 21 with a Class C driver’s license.

This bill allows beer and wine to be consumed by the passengers, subject to local ordinance, if 1) there is an additional safety monitor on board, 2) the operator and safety monitor have satisfactorily completed the Licensee Education on Alcohol and Drugs program implemented by the Department of Alcoholic Beverage Control, an existing program, 3) the quadricycle operator does not consume alcohol, 4) the alcohol is provided by the passengers, 5) the alcohol is served in plastic containers, and 6) glass containers of alcohol are prohibited.

COMMENTS:

1. Purpose of the bill. The author notes that the four existing quadricycle companies in California operate under conditions which vary in each municipality. This bill seeks to establish a uniform set of rules and a standard of best practices for quadricycles where alcohol will be consumed on board. The author notes that the industry is growing rapidly, and that California should address regulation at a statewide level before there are any accidents or injuries, as have been reported in other states.

2. Local control. The quadricycle business is relatively new and small: There are probably less than a dozen of these types of vehicles operating in California. The operators are small businesses who seem to have arrived at satisfactory operating rules with their local governments. There’s no evidence of operating or safety issues with the vehicles in California. Other states have had some noise and other issues associated with alcohol consumption; there was a tip-over in Milwaukee.

Given the clean track record and nascent state of the quadricycle industry, a comprehensive state regulatory structure as envisioned by this bill may be unnecessary, though there is the question of how to authorize these vehicles to be operated on California highways. If the committee wishes to create a minimal regulatory structure, these vehicles could be defined as pedicabs, an existing vehicle classification that is a pretty close fit. A pedicab is defined as 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. This is the definition used by the city of San Diego to license their non-motorized quadricycle operators. Defining quadricycles as pedicabs authorizes their operation on highways and subjects the pedicab operator to existing laws regarding driving under the influence of alcohol and drugs.

3. Drink? This bill creates some additional safety requirements if local governments choose to permit alcoholic beverages to be consumed on board. The author believes that instituting minimum state standards will make local permission more likely. There is precedent for this as limousines permit alcohol in their passenger compartments. However, there is a difference in that the quadricycle passengers are active participants, providing the propulsion for these vehicles. They are also sitting on stools, sometimes directly above the road. Moreover, the quadricycles are open-air, and therefore the drinking will be visible to the public. Current law prohibits open containers in public spaces if prohibited by the city or county.

4. Fairness. Some operators believe the bill creates a competitive advantage for certain operators. Because some quadricycles don’t have backup motors and solid floors, by definition they don’t qualify for the benefits of this bill.

5. Technical amendment. The author and committee may wish to clarify the definition of the operator of the pedicab to exclude passengers who are pedaling.

Related Legislation:

AB 604 (Olsen) — Creates a new class of vehicle, known as a motorized skateboard, and allows them to operate on streets and sidewalks.

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

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

April 15, 2015.)

SUPPORT:

Off the Chair

Pedal On, LLC — San Diego

Roberta MacGlashan — Sacramento County Supervisor

OPPOSITION:

None received.

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