TO: HONORABLE MEMBERS OF THE BOARD OF SUPERVISORS

FROM: Gabe Cabrera, Legislative Analyst

DATE: June 29, 2001

FILE: 010712

SUBJECT: Limousine Laws

Summary of Requested Action

Motion requesting the Office of the Legislative Analyst (OLA) to provide research and analysis on whether limousine operators and owners in San Francisco have to adhere to laws pertaining to commercial vehicles, including but not limited to overnight parking in residential areas. Also, the OLA should provide comparative information on other cities" laws and policies regarding limousines as commercial vehicles.

Executive Summary

Whether limousines for hire are commercial vehicles is not clear. The California Vehicle Code provides two separate and seemingly contradictory definitions. However, according to staff at the State"s Public Utilities Commission (PUC), limousines for hire are commercial vehicles (as defined in Section 260 of the California Vehicle Code); and therefore, subject to local laws pertaining to commercial vehicles (to the extent allowed by State law).

With respect to the parking of commercial vehicles in residential areas, there are at least two laws in San Francisco"s Traffic Code, which address this issue. However, according to the City Attorney"s Office, these laws may not apply to limousines for hire (see Current Law and Practice Section of this report). Therefore, the City Attorney"s Office advises that the City and County of San Francisco may have to amend these laws or adopt a new law to specifically restrict the parking of limousines for hire in residential areas. By way of comparison, our office surveyed 4 cities in California (namely, San Jose, Santa Rosa, Oakland and Los Angeles) and discovered that only the City of Los Angeles has regulations that effectively restrict the parking of limousines for hire in residential areas.

Background

Chapter 8 of the State Public Utilities Code contains the laws regulating those who use motor vehicles to transport passengers for hire. In accordance with this chapter, the State PUC issues "charter-party carrier of passengers" certificates (Class A, B or C) and permits (P, S or Z). Charter-party carrier of passengers in Section 5360 of the Public Utilities Code "means every person engaged in the transportation of persons by motor vehicle for compensation, whether in common or contract carriage, over any public highway in this state." Motor vehicles designed to carry not more than 8 passengers, including the driver, must display a PUC issued decal on the lower right hand corner of their rear bumper. However, in lieu of the decal, limousines (see Footnote #1) must display special "livery" license plates issued by the California Department of Motor Vehicles (DMV) pursuant to Section 5011.5 of the California Vehicle Code. ¹

Whether limousines for hire are commercial vehicles is not clear. Commercial vehicle is defined in Section 260 of the California Vehicle Code as "a vehicle of a type required to be registered under this code used or maintained for the transportation of persons for hire, compensation or profit..." Presumably this includes limousines for hire. On the other hand, according to the DMV, any person who operates any commercial motor vehicle on the public highway is required to obtain a Motor Carrier Permit (MCP). However, as it pertains to the MCP program, commercial motor vehicle does not include a "Vehicle providing transportation of passengers only, a passenger stage corporation transporting baggage and express upon a passenger vehicle incidental to the transportation of passengers" (Section 34601, California Vehicle Code).

According to staff at the State"s PUC, limousines for hire are commercial vehicles (as defined in Section 260 of the California Vehicle Code); and therefore, subject to local laws pertaining to commercial vehicles (to the extent allowed by State law).

Current Law and Practice

In San Francisco, there are at least 2 laws that restrict the "on-street" parking (i.e., parking on public streets) of commercial vehicles in residential areas. However, as described below, neither law may restrict the parking of limousines for hire. Section 63 of the City"s Traffic Code states:

"It shall be unlawful for the operator of any motor truck, truck tractor, road tractor, van, trailer, delivery wagon, or any vehicle used for commercial purposes, except vehicles of public utilities and construction equipment engaged in repair or construction, to park or leave standing for a period in excess of one hour any such vehicle in any street in an R-1-D, R-1, R-3, R-4, R-5 or P Use District..."²

In light of the ambiguity in the State"s definition of commercial vehicle, the City Attorney"s Office advises that this provision may not apply to limousines for hire, and recommends enactment of a more specific definition in the local ordinance to clarify this ambiguity. Moreover, Section 63(A) of the Traffic Code states:

"It shall be unlawful for the operator of any motor truck, truck tractor, road tractor, van, trailer, delivery wagon or any vehicle with a gross weight of over 10,000 pounds and used for commercial purposes to park or leave standing any such vehicle in any street in an R-1-D, R-1, R-3, R-4, R-5 or P Use District between the hours of 2:00 a.m. and 6:00 a.m."

Based on a survey of several limousine businesses in San Francisco, our office learned that most limousines do not weigh 10,000 pounds; and therefore, are not subject to this provision.

Moreover, with respect to "off-street" parking (i.e., parking on private property), Section 204.5 of the City"s Planning Code states:

"Accessory parking facilities for any dwelling in any R District shall be limited, further, to storage of private passenger automobiles, private automobile trailers and boats, and trucks of a rated capacity not exceeding ¾ ton."

According to the City"s Zoning Administrator, in effect, this provision prohibits the storage of commercial vehicles, including limousines for hire, on residential property.³ However, it is does not apply to private non-commercial limousines.

Other Jurisdictions in California

As described below, to the extent allowed by the California Vehicle Code, other cities in California maintain their own laws regarding residential parking.

City of San Jose

Chapter 11.36.290 of the San Jose Municipal Code states: "No person shall park a commercial vehicle having a manufacturer"s gross vehicle weight (GVW) rating of ten thousand (10,000) pounds or more upon any street in a residential district..." Commercial vehicle is defined by this code as "a vehicle that is required to be registered under the California Vehicle Code and that is used for the transportation of persons for hire, compensation or profit or designated, used or maintained primarily for the transportation of property." According to San Jose"s Department of Streets and Traffic, most limousines do not exceed 10,000 pounds GVW; and therefore, are not subject to this provision.

City of Santa Rosa

In Santa Rosa, it is prohibited to park any vehicle of more than two-ton capacity on any public street for more than 5 consecutive hours except when loading/unloading or performing services (Section 11-20.120, Santa Rosa Vehicles and Traffic Code). Also, Santa Rosa prohibits the parking of commercial vehicles (as defined in the California Vehicle Code) over 10,000 pounds GVW on any street between the hours of 2 a.m. and 6 a.m. (Section 11-28.100). According to Santa Rosa"s Parking and Transit Department, these provisions apply primarily to heavy trucks and construction vehicles. They do not apply to most limousines, as they weigh less than 10,000 pounds GVW and do not have a two-ton capacity.

City of Oakland

Like San Jose, Oakland prohibits parking commercial vehicles (as defined in the California Vehicle Code) with a GVW rating of 10,000 pounds or more on any public street in a residential area (Chapter 10.28.120, Oakland Municipal Code). In addition, the City Traffic Engineer may prohibit the parking of commercial vehicles with a "curb" weight of more than 7,000 pounds but not more than 10,000 pounds on any public street in a residential area. Similarly, the City Council may adopt resolutions to prohibit the parking of commercial vehicles whose weight carrying capacity is one ton or more, for a period exceeding 5 hours, on any public street. According to Oakland"s Department of Public Works, these provisions apply primarily to heavy trucks and construction vehicles, and not most limousines (as is the case in Santa Rosa).

City of Los Angeles

Los Angeles prohibits the parking of commercial vehicles on any public street in areas of the city predominately used for residential purposes except when loading/unloading property or performing services (Section 80.69.2, Los Angeles Municipal Code). As it pertains to this provision, commercial vehicle means (1) a truck tractor or (2) a motor vehicle with commercial license plate and exceeding 22 feet total length including bumpers, or 22 feet or less in length with advertising on its exterior. According to the Los Angeles Department of Transportation, this definition encompasses most limousines for hire.

Conclusion

It is important to reiterate the PUC staff considers limousines for hire to be commercial vehicles (as defined in Section 260 of the California Vehicle Code); and therefore, subject to local laws pertaining to commercial vehicles (to the extent allowed by State law).

Of the cities surveyed, only the City of Los Angeles has a law in the books that effectively restricts the parking of limousines for hire in residential areas. The other 3 cities have laws that prohibit the parking of commercial vehicles of a certain weight (usually 10,000 pounds GVW) in residential areas. These laws do not apply to most limousines as they weigh less than 10,000 pounds GVW.

In San Francisco, there are at least two laws in the City"s Traffic Code, which address this issue. However, according to the City Attorney"s Office, it is not clear that these laws apply to limousines for hire. To clarify this ambiguity, the City Attorney"s Office recommends that the City and County of San Francisco amend these laws or adopt a new law to specifically restrict the parking of limousines for hire in residential areas.

Note: Information for this report was complied by Thou Ny, Legislative Intern (June 2001).

¹ Limousine is defined in Section 5371.4 of the Public Utilities Code as "any luxury sedan, of either standard or extended length, with a seating capacity of not more than 9 passengers including the driver, used in the transportation of passengers for hire on a pre-arranged basis within the state."

² DPT enforces this provision, usually on a complaint basis. Any person who violates this provision is guilty of an infraction and may be fined $53/infraction. Moreover, the Use Districts in this provision are outdated, according to the City"s Zoning Administrator.

³ The Planning Department enforces this provision on a complaint basis. It receives enforcement assistance from the City Attorney, District Attorney and Chief of Police. Violations of any of the provisions in the Planning Code are subject to civil penalties not to exceed $500 for each day such violation is committed or permitted to continue (Section 176, San Francisco Planning Code).