California 2015 2015-2016 Regular Session

California Assembly Bill AB863 Amended / Bill

Filed 03/26/2015

 BILL NUMBER: AB 863AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 26, 2015 INTRODUCED BY Assembly Member Dodd (Principal coauthor: Assembly Member Brown) (Coauthor: Senator Hill) FEBRUARY 26, 2015 An act to amend Section 27375 of the Vehicle Code, relating to modified limousines. LEGISLATIVE COUNSEL'S DIGEST AB 863, as amended, Dodd. Modified limousines: passenger safety. Existing law, on and after January 1, 2016,  prohibits   requires  any person  from operating a modified limousine that is modified prior to July 1, 2015,  unless it   to ensure that the vehicle  is equipped with at least 2 rear side doors and one or 2 rear windows that the rear seat passengers or all passengers of the vehicle may open from the inside of the vehicle in case of any fire or other emergency, as specified.  This bill would instead make this prohibition operative on January 1, 2017.   Existing law requires, for modified limousines modified on or after July 1, 2015, that at least one of the side doors be located near the driver's compartment and another near the back of the vehicle.   This bill would make a technical, nonsubstantive change to this provision.   Under this bill, the requirement that those modified limousines be equipped with one or 2 rear windows would instead apply on and after January 1, 2017.   The bill would make other nonsubstantive changes to these provisions.  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 27375 of the Vehicle Code is amended to read: 27375. (a) Any person who operates a modified limousine shall ensure that the vehicle has at least two rear side doors and one or two rear windows, as specified in paragraph (1), that the rear seat passengers or all passengers of the vehicle may open from the inside of the vehicle in case of any fire or other emergency that may require the immediate exit of the passengers of the vehicle. A limousine subject to this  section   subdivision  shall be equipped with both of the following: (1) (A) Except as provided in subparagraph (B), at least two rear push-out windows that are accessible to all passengers. At least one push-out window shall be located on each side of the vehicle, unless the design of the limousine precludes the installation of a push-out window on one side of the vehicle, in which case the second push-out window shall instead be located in the roof of the vehicle. (B) If the design of the limousine precludes the installation of even one push-out window on a side of the vehicle, one push-out window shall instead be located in the roof of the vehicle. (C) The Department of the California Highway Patrol shall establish, by regulation, standards to ensure that window exits are operable and sufficient in emergency situations for limousine passengers. The department shall ensure that these regulations comply with any applicable federal motor vehicle safety standards. (2) At least two rear side doors that are accessible to all passengers and that may be opened manually by any passenger. At least one rear side door shall be located on each side of the vehicle. For modified limousines modified on or after July 1, 2015, at least one of these side doors shall be located near the driver's compartment and another near the back of the vehicle. These side doors shall comply with any applicable federal motor vehicle safety standards as deemed necessary by the Department of the California Highway Patrol. (b) In the case of a fire or other emergency that requires the immediate exit of the passengers from the limousine, the driver of the limousine shall unlock the doors so that the rear side doors can be opened by the passengers from the inside of the vehicle. (c) An owner or operator of a limousine shall do all of the following: (1) Instruct all passengers on the safety features of the vehicle prior to the beginning of any trip, including, but not limited to, instructions for lowering the partition between the driver and passenger compartments and for communicating with the driver by the use of an intercom or other onboard or wireless device. (2) Disclose to the contracting party and the passengers whether the limousine meets the safety requirements described in this section. (3) If paragraph (3) of subdivision (d) applies, the owner or operator of a limousine shall further disclose to the contracting party and the passengers that the limousine does not meet the safety requirements required in subdivision (a) regarding vehicle escape options because of its exempt status, and therefore may pose a greater risk to passengers should emergency escape be necessary. (d) (1) Subdivision (a) shall apply to all modified limousines modified on or after July 1, 2015. (2)  Subdivision   Paragraph (1) of subdivision  (a) shall, beginning January 1, 2017, apply to all vehicles that met the definition of modified limousine, as described in subdivision (b) of Section 378, that  are   were  modified prior to July 1, 2015. (3) Except as provided in paragraph (4), subdivision (a) shall not apply to any limousine manufactured before 1970 that has an active transportation charter-party carrier (TCP) number that was issued by the commission as of August 15, 2013. (4) Subdivision (a) shall apply to any limousine manufactured before 1970 if it was modified after August 15, 2013.