California Assembly Bill AB2294 Amended / Bill

 BILL NUMBER: AB 2294AMENDED BILL TEXT AMENDED IN SENATE JUNE 24, 2010 AMENDED IN ASSEMBLY APRIL 26, 2010 INTRODUCED BY Assembly Members Block and Fletcher (Coauthor: Senator Kehoe) FEBRUARY 18, 2010  An act to add Section 21206.5 to the Vehicle Code, relating to pedicabs.   An act to amend Section 21100 of, and to add Section 467.5 to, the Vehicle Code, relating to pedicabs.  LEGISLATIVE COUNSEL'S DIGEST AB 2294, as amended, Block. Pedicabs: licensing. Existing law regulates the operation of bicycles. Under existing law, local authorities may regulate, by ordinance  , the registration of bicycles and the parking and operation of bicycles on pedestrian or bicycle facilities provided the regulation does not conflict with the Vehicle Code   or resolution, among other things, the licensing and operation of vehicles for hire and drivers of passenger vehicles for hire  . This bill would define the term "pedicab" and would authorize  the County of San Diego or a city in the   a city or  county to adopt  a pedicab licensing ordinance or resolution that includes, but would not be limited to, a requirement that the operator of the pedicab obtain a valid California driver's license   rules and regulations by an ordinance or resolution li   censing and regulating the operation of pedicabs for hire, and operators of pedicabs for hire, including requiring a valid California driver's license .  This bill would make legislative findings and declarations as to the necessity of a special statute for the County of San Diego.  Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 467.5 is added to the   Vehicle Code   , to read:   467.5. "Pedicab" means either of the following: (a) A bicycle that has three or more wheels, that transports, or is capable of transporting, passengers on seats attached to the bicycle, that is operated by a person, and that is used for transporting passengers for hire. (b) A bicycle that pulls a trailer, sidecar, or similar device, that transports, or is capable of transporting, passengers on seats attached to the trailer, sidecar, or similar device, that is operated by a person, and that is used for transporting passengers for hire.   SEC. 2.   Section 21100 of the   Vehicle Code   is amended to read:  21100. Local authorities may adopt rules and regulations by ordinance or resolution regarding the following matters: (a) Regulating or prohibiting processions or assemblages on the highways. (b) Licensing and regulating the operation of vehicles for hire and drivers of passenger vehicles for hire. (c) Regulating traffic by means of traffic officers. (d) Regulating traffic by means of official traffic control devices meeting the requirements of Section 21400. (e) Regulating traffic by means of a person given temporary or permanent appointment for that duty by the local authority whenever official traffic control devices are disabled or otherwise inoperable, at the scenes of accidents or disasters, or at locations as may require traffic direction for orderly traffic flow. A person shall not be appointed pursuant to this subdivision unless and until the local authority has submitted to the commissioner or to the chief law enforcement officer exercising jurisdiction in the enforcement of traffic laws within the area in which the person is to perform the duty, for review, a proposed program of instruction for the training of a person for that duty, and unless and until the commissioner or other chief law enforcement officer approves the proposed program. The commissioner or other chief law enforcement officer shall approve a proposed program if he or she reasonably determines that the program will provide sufficient training for persons assigned to perform the duty described in this subdivision. (f) Regulating traffic at the site of road or street construction or maintenance by persons authorized for that duty by the local authority. (g) (1) Licensing and regulating the operation of tow truck service or tow truck drivers whose principal place of business or employment is within the jurisdiction of the local authority, excepting the operation and operators of any auto dismantlers' tow vehicle licensed under Section 11505 or any tow truck operated by a repossessing agency licensed under Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code and its registered employees. (2) The Legislature finds that the safety and welfare of the general public is promoted by permitting local authorities to regulate tow truck service companies and operators by requiring licensure, insurance, and proper training in the safe operation of towing equipment, thereby ensuring against towing mistakes that may lead to violent confrontation, stranding motorists in dangerous situations, impeding the expedited vehicle recovery, and wasting state and local law enforcement's limited resources. (3)  Nothing in this   This  subdivision  shall   does not  limit the authority of a city or city and county pursuant to Section 12111. (h) Operation of bicycles, and, as specified in Section 21114.5, electric carts by physically disabled persons, or persons 50 years of age or older, on the public sidewalks. (i) Providing for the appointment of nonstudent school crossing guards for the protection of persons who are crossing a street or highway in the vicinity of a school or while returning thereafter to a place of safety. (j) Regulating the methods of deposit of garbage and refuse in streets and highways for collection by the local authority or by any person authorized by the local authority. (k) (1) Regulating cruising. (2) The ordinance or resolution adopted pursuant to this subdivision shall regulate cruising, which is the repetitive driving of a motor vehicle past a traffic control point in traffic that is congested at or near the traffic control point, as determined by the ranking peace officer on duty within the affected area, within a specified time period and after the vehicle operator has been given an adequate written notice that further driving past the control point will be a violation of the ordinance or resolution. (3) A person is not in violation of an ordinance or resolution adopted pursuant to this subdivision unless both of the following apply: (A) That person has been given the written notice on a previous driving trip past the control point and then again passes the control point in that same time interval. (B) The beginning and end of the portion of the street subject to cruising controls are clearly identified by signs that briefly and clearly state the appropriate provisions of this subdivision and the local ordinance or resolution on cruising. (  l  ) Regulating or authorizing the removal by peace officers of vehicles unlawfully parked in a fire lane, as described in Section 22500.1, on private property. A removal pursuant to this subdivision shall be consistent, to the extent possible, with the procedures for removal and storage set forth in Chapter 10 (commencing with Section 22650).  (m) Licensing and regulating the operation of pedicabs for hire, as defined in Section 467.5, and operators of pedicabs for hire, including requiring a valid California driver's license.   SECTION 1.   Section 21206.5 is added to the Vehicle Code, to read: 21206.5. (a) For purposes of this section, "pedicab" means either of the following: (1) 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 used for transporting passengers for hire. (2) A bicycle that pulls a trailer, sidecar, or similar device, that transports, or is capable of transporting, passengers on seats attached to the trailer, sidecar, or similar device, that is operated by a person, and that is used for transporting passengers for hire. (b) The County of San Diego or a city within the county may adopt a pedicab licensing ordinance or resolution that includes, but is not limited to, a requirement that the operator of the pedicab obtain a valid California driver's license, so as to ensure that the pedicab operator has demonstrated knowledge of the applicable requirements of this code before being allowed to transport passengers for hire.   SEC. 2.   The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique need to regulate the numerous pedicabs operating in the County of San Diego, and to ensure the safety of passengers and pedestrians.