California 2017 2017-2018 Regular Session

California Senate Bill SB20 Amended / Bill

Filed 06/28/2017

                    Amended IN  Assembly  June 28, 2017 Amended IN  Senate  April 06, 2017 Amended IN  Senate  March 20, 2017 Amended IN  Senate  February 15, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 20Introduced by Senator Hill(Coauthor: Senator Stone)(Coauthor: Assembly Member Eduardo Garcia)(Coauthors: Assembly Members Eduardo Garcia and Nazarian)December 05, 2016 An act to amend Sections 12810.2 and 34505.8 of, and to add Sections 27318 and 27319 to, the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGESTSB 20, as amended, Hill. Vehicles: buses: seatbelts.Existing law prohibits a person from operating a motor vehicle on a highway unless that person and all passengers 16 years of age or over are properly restrained by a safety belt. Existing law makes the violation of this provision an infraction.This bill would also require a passenger in a bus that is equipped with safety belts to be properly restrained by a safety belt and would require a motor carrier to maintain those safety belts in good working order for the use of the passengers. The bill would exempt a passenger leaving his or her seat to use an onboard bathroom from the seatbelt requirement. The bill would also require a motor carrier operating a bus equipped with safety belts to either: (1) require the bus driver to inform passengers of the requirement to wear a seatbelt or (2) post, or allow to be posted, signs or placards informing passengers of the requirement to wear a seatbelt, as specified. The bill would make a violation of the provision requiring a passenger to wear a safety belt, an infraction punishable by a fine of not more than $20 for a first offense and a fine of not more than $50 for each subsequent offense. By creating a new crime, the bill would impose a state-mandated local program. The bill would specify that these provisions do not apply to schoolbuses.This bill, if the bus is equipped with a driver safety belt, would require the driver to be properly restrained by the safety belt and would require the motor carrier to maintain the driver safety belt. The bill would make violation of these provisions an infraction punishable by a fine of up to $20 for the first violation and of up to $50 for subsequent violations. By creating a new crime, this bill would impose a state-mandated local program.Existing law requires a charter-party carrier of passengers engaged in charter bus transportation to ensure that drivers of certain vehicles provide each passenger with written or video instructions that include, among other things, the importance of wearing a seatbelt, if available. A violation of this provision is an infraction.This bill would instead require those written or video instructions to include, among other things, instructions on the requirement to wear a seatbelt, if available, and the penalties for violating that requirement. By changing the definition of a crime, the bill would impose a state-mandated local program.This bill would also make a technical correction and other conforming changes.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.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 12810.2 of the Vehicle Code is amended to read:12810.2. Notwithstanding subdivision (e) (f) of Section 12810, no violation point count shall be given for a conviction of a violation of Section 27315, 27318, or 27319.SEC. 2. Section 27318 is added to the Vehicle Code, to read:27318. (a) A passenger in a bus that is equipped with safety belts, including a bus that is required to be equipped with a seatbelt assembly pursuant to Federal Motor Vehicle Safety Standard No. 208 (49 C.F.R. 571.208), shall be properly restrained by a safety belt.(b) Subdivision (a) does not apply to a passenger that is leaving, has left, or is returning from his or her seat to use an onboard bathroom.(c) If the bus is equipped with safety belts, the motor carrier shall maintain safety belts in good working order for the use of passengers of the vehicle.(d) A motor carrier operating a bus equipped with safety belts shall do one of the following:(1) Require the bus driver, before departure of a bus carrying passengers, to inform passengers of the requirement to wear the seatbelt under California law and inform passengers that not wearing a seatbelt is punishable by a fine.(2) Post, or allow to be posted, signs or placards that inform passengers of the requirement to wear a seatbelt under California law and that not wearing a seatbelt is punishable by a fine. The signs or placards shall be in a font type and font size that is reasonably easy to read and shall be affixed to a bus in multiple, conspicuous locations.(e) Notwithstanding subdivision (a) of Section 42001, a violation of subdivision (a) is an infraction punishable by a fine of not more than twenty dollars ($20) for a first offense, and a fine of not more than fifty dollars ($50) for each subsequent offense.(f) This section does not apply to a schoolbus described in Sections 27316 and 27316.5.SEC. 3. Section 27319 is added to the Vehicle Code, to read:27319. (a) If a bus is equipped with a driver safety belt, the driver of the bus shall not operate the vehicle unless he or she is properly restrained by the safety belt.(b) If a bus is equipped with a driver safety belt, the motor carrier shall maintain the safety belt in good working order for the use of the driver.(c) Notwithstanding subdivision (a) of Section 42001, a violation of this section is an infraction punishable by a fine of not more than twenty dollars ($20) for a first offense and a fine of not more than fifty dollars ($50) for each subsequent offense.(d) The requirements of this section are intended to satisfy the requirements of Section 392.16 of Title 49 of the Code of Federal Regulations, or any similar federal law or regulation, but shall remain in effect in the absence of those laws.SEC. 4. Section 34505.8 of the Vehicle Code is amended to read:34505.8. (a) A charter-party carrier of passengers engaged in charter bus transportation shall ensure that the driver of a vehicle as described in paragraph (1) of subdivision (b) of Section 5363 of the Public Utilities Code that is designed to carry 39 or more passengers shall instruct or play a video for all passengers on the safety equipment and emergency exits on the vehicle prior to the beginning of any trip and provide each passenger with written or video instructions that include, at a minimum, a demonstration of the location and operation of all exits, including emergency exits, the requirement to wear a seatbelt, if available, and that not wearing a seatbelt is punishable by a fine.(b) Notwithstanding any other law, no later than July 1, 2018, the department shall adopt standards and criteria for the implementation of the safety requirements specified in this section.(c) This section does not alter or affect the requirements of the Passenger Charter-party Carriers Act (Chapter 8 (commencing with Section 5351) of Division 2 of the Public Utilities Code).SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.

 Amended IN  Assembly  June 28, 2017 Amended IN  Senate  April 06, 2017 Amended IN  Senate  March 20, 2017 Amended IN  Senate  February 15, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 20Introduced by Senator Hill(Coauthor: Senator Stone)(Coauthor: Assembly Member Eduardo Garcia)(Coauthors: Assembly Members Eduardo Garcia and Nazarian)December 05, 2016 An act to amend Sections 12810.2 and 34505.8 of, and to add Sections 27318 and 27319 to, the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGESTSB 20, as amended, Hill. Vehicles: buses: seatbelts.Existing law prohibits a person from operating a motor vehicle on a highway unless that person and all passengers 16 years of age or over are properly restrained by a safety belt. Existing law makes the violation of this provision an infraction.This bill would also require a passenger in a bus that is equipped with safety belts to be properly restrained by a safety belt and would require a motor carrier to maintain those safety belts in good working order for the use of the passengers. The bill would exempt a passenger leaving his or her seat to use an onboard bathroom from the seatbelt requirement. The bill would also require a motor carrier operating a bus equipped with safety belts to either: (1) require the bus driver to inform passengers of the requirement to wear a seatbelt or (2) post, or allow to be posted, signs or placards informing passengers of the requirement to wear a seatbelt, as specified. The bill would make a violation of the provision requiring a passenger to wear a safety belt, an infraction punishable by a fine of not more than $20 for a first offense and a fine of not more than $50 for each subsequent offense. By creating a new crime, the bill would impose a state-mandated local program. The bill would specify that these provisions do not apply to schoolbuses.This bill, if the bus is equipped with a driver safety belt, would require the driver to be properly restrained by the safety belt and would require the motor carrier to maintain the driver safety belt. The bill would make violation of these provisions an infraction punishable by a fine of up to $20 for the first violation and of up to $50 for subsequent violations. By creating a new crime, this bill would impose a state-mandated local program.Existing law requires a charter-party carrier of passengers engaged in charter bus transportation to ensure that drivers of certain vehicles provide each passenger with written or video instructions that include, among other things, the importance of wearing a seatbelt, if available. A violation of this provision is an infraction.This bill would instead require those written or video instructions to include, among other things, instructions on the requirement to wear a seatbelt, if available, and the penalties for violating that requirement. By changing the definition of a crime, the bill would impose a state-mandated local program.This bill would also make a technical correction and other conforming changes.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.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: YES 

 Amended IN  Assembly  June 28, 2017 Amended IN  Senate  April 06, 2017 Amended IN  Senate  March 20, 2017 Amended IN  Senate  February 15, 2017

Amended IN  Assembly  June 28, 2017
Amended IN  Senate  April 06, 2017
Amended IN  Senate  March 20, 2017
Amended IN  Senate  February 15, 2017

 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION

Senate Bill No. 20

Introduced by Senator Hill(Coauthor: Senator Stone)(Coauthor: Assembly Member Eduardo Garcia)(Coauthors: Assembly Members Eduardo Garcia and Nazarian)December 05, 2016

Introduced by Senator Hill(Coauthor: Senator Stone)(Coauthor: Assembly Member Eduardo Garcia)(Coauthors: Assembly Members Eduardo Garcia and Nazarian)
December 05, 2016

 An act to amend Sections 12810.2 and 34505.8 of, and to add Sections 27318 and 27319 to, the Vehicle Code, relating to vehicles. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

SB 20, as amended, Hill. Vehicles: buses: seatbelts.

Existing law prohibits a person from operating a motor vehicle on a highway unless that person and all passengers 16 years of age or over are properly restrained by a safety belt. Existing law makes the violation of this provision an infraction.This bill would also require a passenger in a bus that is equipped with safety belts to be properly restrained by a safety belt and would require a motor carrier to maintain those safety belts in good working order for the use of the passengers. The bill would exempt a passenger leaving his or her seat to use an onboard bathroom from the seatbelt requirement. The bill would also require a motor carrier operating a bus equipped with safety belts to either: (1) require the bus driver to inform passengers of the requirement to wear a seatbelt or (2) post, or allow to be posted, signs or placards informing passengers of the requirement to wear a seatbelt, as specified. The bill would make a violation of the provision requiring a passenger to wear a safety belt, an infraction punishable by a fine of not more than $20 for a first offense and a fine of not more than $50 for each subsequent offense. By creating a new crime, the bill would impose a state-mandated local program. The bill would specify that these provisions do not apply to schoolbuses.This bill, if the bus is equipped with a driver safety belt, would require the driver to be properly restrained by the safety belt and would require the motor carrier to maintain the driver safety belt. The bill would make violation of these provisions an infraction punishable by a fine of up to $20 for the first violation and of up to $50 for subsequent violations. By creating a new crime, this bill would impose a state-mandated local program.Existing law requires a charter-party carrier of passengers engaged in charter bus transportation to ensure that drivers of certain vehicles provide each passenger with written or video instructions that include, among other things, the importance of wearing a seatbelt, if available. A violation of this provision is an infraction.This bill would instead require those written or video instructions to include, among other things, instructions on the requirement to wear a seatbelt, if available, and the penalties for violating that requirement. By changing the definition of a crime, the bill would impose a state-mandated local program.This bill would also make a technical correction and other conforming changes.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 prohibits a person from operating a motor vehicle on a highway unless that person and all passengers 16 years of age or over are properly restrained by a safety belt. Existing law makes the violation of this provision an infraction.

This bill would also require a passenger in a bus that is equipped with safety belts to be properly restrained by a safety belt and would require a motor carrier to maintain those safety belts in good working order for the use of the passengers. The bill would exempt a passenger leaving his or her seat to use an onboard bathroom from the seatbelt requirement. The bill would also require a motor carrier operating a bus equipped with safety belts to either: (1) require the bus driver to inform passengers of the requirement to wear a seatbelt or (2) post, or allow to be posted, signs or placards informing passengers of the requirement to wear a seatbelt, as specified. The bill would make a violation of the provision requiring a passenger to wear a safety belt, an infraction punishable by a fine of not more than $20 for a first offense and a fine of not more than $50 for each subsequent offense. By creating a new crime, the bill would impose a state-mandated local program. The bill would specify that these provisions do not apply to schoolbuses.

This bill, if the bus is equipped with a driver safety belt, would require the driver to be properly restrained by the safety belt and would require the motor carrier to maintain the driver safety belt. The bill would make violation of these provisions an infraction punishable by a fine of up to $20 for the first violation and of up to $50 for subsequent violations. By creating a new crime, this bill would impose a state-mandated local program.

Existing law requires a charter-party carrier of passengers engaged in charter bus transportation to ensure that drivers of certain vehicles provide each passenger with written or video instructions that include, among other things, the importance of wearing a seatbelt, if available. A violation of this provision is an infraction.

This bill would instead require those written or video instructions to include, among other things, instructions on the requirement to wear a seatbelt, if available, and the penalties for violating that requirement. By changing the definition of a crime, the bill would impose a state-mandated local program.

This bill would also make a technical correction and other conforming changes.

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.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 12810.2 of the Vehicle Code is amended to read:12810.2. Notwithstanding subdivision (e) (f) of Section 12810, no violation point count shall be given for a conviction of a violation of Section 27315, 27318, or 27319.SEC. 2. Section 27318 is added to the Vehicle Code, to read:27318. (a) A passenger in a bus that is equipped with safety belts, including a bus that is required to be equipped with a seatbelt assembly pursuant to Federal Motor Vehicle Safety Standard No. 208 (49 C.F.R. 571.208), shall be properly restrained by a safety belt.(b) Subdivision (a) does not apply to a passenger that is leaving, has left, or is returning from his or her seat to use an onboard bathroom.(c) If the bus is equipped with safety belts, the motor carrier shall maintain safety belts in good working order for the use of passengers of the vehicle.(d) A motor carrier operating a bus equipped with safety belts shall do one of the following:(1) Require the bus driver, before departure of a bus carrying passengers, to inform passengers of the requirement to wear the seatbelt under California law and inform passengers that not wearing a seatbelt is punishable by a fine.(2) Post, or allow to be posted, signs or placards that inform passengers of the requirement to wear a seatbelt under California law and that not wearing a seatbelt is punishable by a fine. The signs or placards shall be in a font type and font size that is reasonably easy to read and shall be affixed to a bus in multiple, conspicuous locations.(e) Notwithstanding subdivision (a) of Section 42001, a violation of subdivision (a) is an infraction punishable by a fine of not more than twenty dollars ($20) for a first offense, and a fine of not more than fifty dollars ($50) for each subsequent offense.(f) This section does not apply to a schoolbus described in Sections 27316 and 27316.5.SEC. 3. Section 27319 is added to the Vehicle Code, to read:27319. (a) If a bus is equipped with a driver safety belt, the driver of the bus shall not operate the vehicle unless he or she is properly restrained by the safety belt.(b) If a bus is equipped with a driver safety belt, the motor carrier shall maintain the safety belt in good working order for the use of the driver.(c) Notwithstanding subdivision (a) of Section 42001, a violation of this section is an infraction punishable by a fine of not more than twenty dollars ($20) for a first offense and a fine of not more than fifty dollars ($50) for each subsequent offense.(d) The requirements of this section are intended to satisfy the requirements of Section 392.16 of Title 49 of the Code of Federal Regulations, or any similar federal law or regulation, but shall remain in effect in the absence of those laws.SEC. 4. Section 34505.8 of the Vehicle Code is amended to read:34505.8. (a) A charter-party carrier of passengers engaged in charter bus transportation shall ensure that the driver of a vehicle as described in paragraph (1) of subdivision (b) of Section 5363 of the Public Utilities Code that is designed to carry 39 or more passengers shall instruct or play a video for all passengers on the safety equipment and emergency exits on the vehicle prior to the beginning of any trip and provide each passenger with written or video instructions that include, at a minimum, a demonstration of the location and operation of all exits, including emergency exits, the requirement to wear a seatbelt, if available, and that not wearing a seatbelt is punishable by a fine.(b) Notwithstanding any other law, no later than July 1, 2018, the department shall adopt standards and criteria for the implementation of the safety requirements specified in this section.(c) This section does not alter or affect the requirements of the Passenger Charter-party Carriers Act (Chapter 8 (commencing with Section 5351) of Division 2 of the Public Utilities Code).SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 12810.2 of the Vehicle Code is amended to read:12810.2. Notwithstanding subdivision (e) (f) of Section 12810, no violation point count shall be given for a conviction of a violation of Section 27315, 27318, or 27319.

SECTION 1. Section 12810.2 of the Vehicle Code is amended to read:

### SECTION 1.

12810.2. Notwithstanding subdivision (e) (f) of Section 12810, no violation point count shall be given for a conviction of a violation of Section 27315, 27318, or 27319.

12810.2. Notwithstanding subdivision (e) (f) of Section 12810, no violation point count shall be given for a conviction of a violation of Section 27315, 27318, or 27319.

12810.2. Notwithstanding subdivision (e) (f) of Section 12810, no violation point count shall be given for a conviction of a violation of Section 27315, 27318, or 27319.



12810.2. Notwithstanding subdivision (e) (f) of Section 12810, no violation point count shall be given for a conviction of a violation of Section 27315, 27318, or 27319.

SEC. 2. Section 27318 is added to the Vehicle Code, to read:27318. (a) A passenger in a bus that is equipped with safety belts, including a bus that is required to be equipped with a seatbelt assembly pursuant to Federal Motor Vehicle Safety Standard No. 208 (49 C.F.R. 571.208), shall be properly restrained by a safety belt.(b) Subdivision (a) does not apply to a passenger that is leaving, has left, or is returning from his or her seat to use an onboard bathroom.(c) If the bus is equipped with safety belts, the motor carrier shall maintain safety belts in good working order for the use of passengers of the vehicle.(d) A motor carrier operating a bus equipped with safety belts shall do one of the following:(1) Require the bus driver, before departure of a bus carrying passengers, to inform passengers of the requirement to wear the seatbelt under California law and inform passengers that not wearing a seatbelt is punishable by a fine.(2) Post, or allow to be posted, signs or placards that inform passengers of the requirement to wear a seatbelt under California law and that not wearing a seatbelt is punishable by a fine. The signs or placards shall be in a font type and font size that is reasonably easy to read and shall be affixed to a bus in multiple, conspicuous locations.(e) Notwithstanding subdivision (a) of Section 42001, a violation of subdivision (a) is an infraction punishable by a fine of not more than twenty dollars ($20) for a first offense, and a fine of not more than fifty dollars ($50) for each subsequent offense.(f) This section does not apply to a schoolbus described in Sections 27316 and 27316.5.

SEC. 2. Section 27318 is added to the Vehicle Code, to read:

### SEC. 2.

27318. (a) A passenger in a bus that is equipped with safety belts, including a bus that is required to be equipped with a seatbelt assembly pursuant to Federal Motor Vehicle Safety Standard No. 208 (49 C.F.R. 571.208), shall be properly restrained by a safety belt.(b) Subdivision (a) does not apply to a passenger that is leaving, has left, or is returning from his or her seat to use an onboard bathroom.(c) If the bus is equipped with safety belts, the motor carrier shall maintain safety belts in good working order for the use of passengers of the vehicle.(d) A motor carrier operating a bus equipped with safety belts shall do one of the following:(1) Require the bus driver, before departure of a bus carrying passengers, to inform passengers of the requirement to wear the seatbelt under California law and inform passengers that not wearing a seatbelt is punishable by a fine.(2) Post, or allow to be posted, signs or placards that inform passengers of the requirement to wear a seatbelt under California law and that not wearing a seatbelt is punishable by a fine. The signs or placards shall be in a font type and font size that is reasonably easy to read and shall be affixed to a bus in multiple, conspicuous locations.(e) Notwithstanding subdivision (a) of Section 42001, a violation of subdivision (a) is an infraction punishable by a fine of not more than twenty dollars ($20) for a first offense, and a fine of not more than fifty dollars ($50) for each subsequent offense.(f) This section does not apply to a schoolbus described in Sections 27316 and 27316.5.

27318. (a) A passenger in a bus that is equipped with safety belts, including a bus that is required to be equipped with a seatbelt assembly pursuant to Federal Motor Vehicle Safety Standard No. 208 (49 C.F.R. 571.208), shall be properly restrained by a safety belt.(b) Subdivision (a) does not apply to a passenger that is leaving, has left, or is returning from his or her seat to use an onboard bathroom.(c) If the bus is equipped with safety belts, the motor carrier shall maintain safety belts in good working order for the use of passengers of the vehicle.(d) A motor carrier operating a bus equipped with safety belts shall do one of the following:(1) Require the bus driver, before departure of a bus carrying passengers, to inform passengers of the requirement to wear the seatbelt under California law and inform passengers that not wearing a seatbelt is punishable by a fine.(2) Post, or allow to be posted, signs or placards that inform passengers of the requirement to wear a seatbelt under California law and that not wearing a seatbelt is punishable by a fine. The signs or placards shall be in a font type and font size that is reasonably easy to read and shall be affixed to a bus in multiple, conspicuous locations.(e) Notwithstanding subdivision (a) of Section 42001, a violation of subdivision (a) is an infraction punishable by a fine of not more than twenty dollars ($20) for a first offense, and a fine of not more than fifty dollars ($50) for each subsequent offense.(f) This section does not apply to a schoolbus described in Sections 27316 and 27316.5.

27318. (a) A passenger in a bus that is equipped with safety belts, including a bus that is required to be equipped with a seatbelt assembly pursuant to Federal Motor Vehicle Safety Standard No. 208 (49 C.F.R. 571.208), shall be properly restrained by a safety belt.(b) Subdivision (a) does not apply to a passenger that is leaving, has left, or is returning from his or her seat to use an onboard bathroom.(c) If the bus is equipped with safety belts, the motor carrier shall maintain safety belts in good working order for the use of passengers of the vehicle.(d) A motor carrier operating a bus equipped with safety belts shall do one of the following:(1) Require the bus driver, before departure of a bus carrying passengers, to inform passengers of the requirement to wear the seatbelt under California law and inform passengers that not wearing a seatbelt is punishable by a fine.(2) Post, or allow to be posted, signs or placards that inform passengers of the requirement to wear a seatbelt under California law and that not wearing a seatbelt is punishable by a fine. The signs or placards shall be in a font type and font size that is reasonably easy to read and shall be affixed to a bus in multiple, conspicuous locations.(e) Notwithstanding subdivision (a) of Section 42001, a violation of subdivision (a) is an infraction punishable by a fine of not more than twenty dollars ($20) for a first offense, and a fine of not more than fifty dollars ($50) for each subsequent offense.(f) This section does not apply to a schoolbus described in Sections 27316 and 27316.5.



27318. (a) A passenger in a bus that is equipped with safety belts, including a bus that is required to be equipped with a seatbelt assembly pursuant to Federal Motor Vehicle Safety Standard No. 208 (49 C.F.R. 571.208), shall be properly restrained by a safety belt.

(b) Subdivision (a) does not apply to a passenger that is leaving, has left, or is returning from his or her seat to use an onboard bathroom.

(c) If the bus is equipped with safety belts, the motor carrier shall maintain safety belts in good working order for the use of passengers of the vehicle.

(d) A motor carrier operating a bus equipped with safety belts shall do one of the following:

(1) Require the bus driver, before departure of a bus carrying passengers, to inform passengers of the requirement to wear the seatbelt under California law and inform passengers that not wearing a seatbelt is punishable by a fine.

(2) Post, or allow to be posted, signs or placards that inform passengers of the requirement to wear a seatbelt under California law and that not wearing a seatbelt is punishable by a fine. The signs or placards shall be in a font type and font size that is reasonably easy to read and shall be affixed to a bus in multiple, conspicuous locations.

(e) Notwithstanding subdivision (a) of Section 42001, a violation of subdivision (a) is an infraction punishable by a fine of not more than twenty dollars ($20) for a first offense, and a fine of not more than fifty dollars ($50) for each subsequent offense.

(f) This section does not apply to a schoolbus described in Sections 27316 and 27316.5.

SEC. 3. Section 27319 is added to the Vehicle Code, to read:27319. (a) If a bus is equipped with a driver safety belt, the driver of the bus shall not operate the vehicle unless he or she is properly restrained by the safety belt.(b) If a bus is equipped with a driver safety belt, the motor carrier shall maintain the safety belt in good working order for the use of the driver.(c) Notwithstanding subdivision (a) of Section 42001, a violation of this section is an infraction punishable by a fine of not more than twenty dollars ($20) for a first offense and a fine of not more than fifty dollars ($50) for each subsequent offense.(d) The requirements of this section are intended to satisfy the requirements of Section 392.16 of Title 49 of the Code of Federal Regulations, or any similar federal law or regulation, but shall remain in effect in the absence of those laws.

SEC. 3. Section 27319 is added to the Vehicle Code, to read:

### SEC. 3.

27319. (a) If a bus is equipped with a driver safety belt, the driver of the bus shall not operate the vehicle unless he or she is properly restrained by the safety belt.(b) If a bus is equipped with a driver safety belt, the motor carrier shall maintain the safety belt in good working order for the use of the driver.(c) Notwithstanding subdivision (a) of Section 42001, a violation of this section is an infraction punishable by a fine of not more than twenty dollars ($20) for a first offense and a fine of not more than fifty dollars ($50) for each subsequent offense.(d) The requirements of this section are intended to satisfy the requirements of Section 392.16 of Title 49 of the Code of Federal Regulations, or any similar federal law or regulation, but shall remain in effect in the absence of those laws.

27319. (a) If a bus is equipped with a driver safety belt, the driver of the bus shall not operate the vehicle unless he or she is properly restrained by the safety belt.(b) If a bus is equipped with a driver safety belt, the motor carrier shall maintain the safety belt in good working order for the use of the driver.(c) Notwithstanding subdivision (a) of Section 42001, a violation of this section is an infraction punishable by a fine of not more than twenty dollars ($20) for a first offense and a fine of not more than fifty dollars ($50) for each subsequent offense.(d) The requirements of this section are intended to satisfy the requirements of Section 392.16 of Title 49 of the Code of Federal Regulations, or any similar federal law or regulation, but shall remain in effect in the absence of those laws.

27319. (a) If a bus is equipped with a driver safety belt, the driver of the bus shall not operate the vehicle unless he or she is properly restrained by the safety belt.(b) If a bus is equipped with a driver safety belt, the motor carrier shall maintain the safety belt in good working order for the use of the driver.(c) Notwithstanding subdivision (a) of Section 42001, a violation of this section is an infraction punishable by a fine of not more than twenty dollars ($20) for a first offense and a fine of not more than fifty dollars ($50) for each subsequent offense.(d) The requirements of this section are intended to satisfy the requirements of Section 392.16 of Title 49 of the Code of Federal Regulations, or any similar federal law or regulation, but shall remain in effect in the absence of those laws.



27319. (a) If a bus is equipped with a driver safety belt, the driver of the bus shall not operate the vehicle unless he or she is properly restrained by the safety belt.

(b) If a bus is equipped with a driver safety belt, the motor carrier shall maintain the safety belt in good working order for the use of the driver.

(c) Notwithstanding subdivision (a) of Section 42001, a violation of this section is an infraction punishable by a fine of not more than twenty dollars ($20) for a first offense and a fine of not more than fifty dollars ($50) for each subsequent offense.

(d) The requirements of this section are intended to satisfy the requirements of Section 392.16 of Title 49 of the Code of Federal Regulations, or any similar federal law or regulation, but shall remain in effect in the absence of those laws.

SEC. 4. Section 34505.8 of the Vehicle Code is amended to read:34505.8. (a) A charter-party carrier of passengers engaged in charter bus transportation shall ensure that the driver of a vehicle as described in paragraph (1) of subdivision (b) of Section 5363 of the Public Utilities Code that is designed to carry 39 or more passengers shall instruct or play a video for all passengers on the safety equipment and emergency exits on the vehicle prior to the beginning of any trip and provide each passenger with written or video instructions that include, at a minimum, a demonstration of the location and operation of all exits, including emergency exits, the requirement to wear a seatbelt, if available, and that not wearing a seatbelt is punishable by a fine.(b) Notwithstanding any other law, no later than July 1, 2018, the department shall adopt standards and criteria for the implementation of the safety requirements specified in this section.(c) This section does not alter or affect the requirements of the Passenger Charter-party Carriers Act (Chapter 8 (commencing with Section 5351) of Division 2 of the Public Utilities Code).

SEC. 4. Section 34505.8 of the Vehicle Code is amended to read:

### SEC. 4.

34505.8. (a) A charter-party carrier of passengers engaged in charter bus transportation shall ensure that the driver of a vehicle as described in paragraph (1) of subdivision (b) of Section 5363 of the Public Utilities Code that is designed to carry 39 or more passengers shall instruct or play a video for all passengers on the safety equipment and emergency exits on the vehicle prior to the beginning of any trip and provide each passenger with written or video instructions that include, at a minimum, a demonstration of the location and operation of all exits, including emergency exits, the requirement to wear a seatbelt, if available, and that not wearing a seatbelt is punishable by a fine.(b) Notwithstanding any other law, no later than July 1, 2018, the department shall adopt standards and criteria for the implementation of the safety requirements specified in this section.(c) This section does not alter or affect the requirements of the Passenger Charter-party Carriers Act (Chapter 8 (commencing with Section 5351) of Division 2 of the Public Utilities Code).

34505.8. (a) A charter-party carrier of passengers engaged in charter bus transportation shall ensure that the driver of a vehicle as described in paragraph (1) of subdivision (b) of Section 5363 of the Public Utilities Code that is designed to carry 39 or more passengers shall instruct or play a video for all passengers on the safety equipment and emergency exits on the vehicle prior to the beginning of any trip and provide each passenger with written or video instructions that include, at a minimum, a demonstration of the location and operation of all exits, including emergency exits, the requirement to wear a seatbelt, if available, and that not wearing a seatbelt is punishable by a fine.(b) Notwithstanding any other law, no later than July 1, 2018, the department shall adopt standards and criteria for the implementation of the safety requirements specified in this section.(c) This section does not alter or affect the requirements of the Passenger Charter-party Carriers Act (Chapter 8 (commencing with Section 5351) of Division 2 of the Public Utilities Code).

34505.8. (a) A charter-party carrier of passengers engaged in charter bus transportation shall ensure that the driver of a vehicle as described in paragraph (1) of subdivision (b) of Section 5363 of the Public Utilities Code that is designed to carry 39 or more passengers shall instruct or play a video for all passengers on the safety equipment and emergency exits on the vehicle prior to the beginning of any trip and provide each passenger with written or video instructions that include, at a minimum, a demonstration of the location and operation of all exits, including emergency exits, the requirement to wear a seatbelt, if available, and that not wearing a seatbelt is punishable by a fine.(b) Notwithstanding any other law, no later than July 1, 2018, the department shall adopt standards and criteria for the implementation of the safety requirements specified in this section.(c) This section does not alter or affect the requirements of the Passenger Charter-party Carriers Act (Chapter 8 (commencing with Section 5351) of Division 2 of the Public Utilities Code).



34505.8. (a) A charter-party carrier of passengers engaged in charter bus transportation shall ensure that the driver of a vehicle as described in paragraph (1) of subdivision (b) of Section 5363 of the Public Utilities Code that is designed to carry 39 or more passengers shall instruct or play a video for all passengers on the safety equipment and emergency exits on the vehicle prior to the beginning of any trip and provide each passenger with written or video instructions that include, at a minimum, a demonstration of the location and operation of all exits, including emergency exits, the requirement to wear a seatbelt, if available, and that not wearing a seatbelt is punishable by a fine.

(b) Notwithstanding any other law, no later than July 1, 2018, the department shall adopt standards and criteria for the implementation of the safety requirements specified in this section.

(c) This section does not alter or affect the requirements of the Passenger Charter-party Carriers Act (Chapter 8 (commencing with Section 5351) of Division 2 of the Public Utilities Code).

SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.

SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.

SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.

### SEC. 5.