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Sleeper Berth in Toyota Sienna

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Cal. Veh. Code § 27315(e) (2008).

(e) A person 16 years of age or over may not be a passenger in a motor vehicle on a highway unless that person is properly restrained by a safety belt. This subdivision does not apply to a passenger in a sleeper berth, as defined in subdivision (x) of Section 1201 of Title 13 of the California Code of Regulations. (emphasis added.)

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Cal. Admin. Code tit. 13, § 1201 (2008).

• (x) Sleeper Berth. A berth conforming to the requirements of Section 1265.

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Cal. Admin. Code tit. 13, § 1265 (2008).§ 1265. Sleeper Berths.

The following requirements shall apply to motor vehicles equipped with sleeper berths:(a) Mattress. Sleeper berths shall be equipped with springs and a mattress at least 4 in. thick (unless the mattress is innerspring, air, or foam rubber) and adequate bedding. Sleeper berths shall be constructed to permit ready removal of mattress and bedding for cleaning.(b) Ventilation. Sleeper berths shall be provided with louvers or other means of ventilation that are reasonably dust proof and rain proof.(c) Location. Sleeper berths shall be located to prevent entrance of gases from the exhaust system, overheating or damage by the exhaust system, and leakage from the fuel system. Sleeper berths shall not be located in the cargo space unless completely and securely compartmentalized. No sleeper berth shall be installed in or on any trailer or semitrailer other than a house trailer.(d) Communication With Driver. Unless the sleeper berth is inside the driver's compartment or has a direct entrance thereto, means shall be provided to enable the occupant of the berth to communicate with the driver. Such means may be a telephone, speaker tube, buzzer, pull cord, or other mechanical or electrical device.(e) Entrance and Exit. Sleeper berths shall be constructed and maintained so that the occupant has at least two means of exiting without assistance. The two exits shall be on opposite sides of the vehicle and shall be not less than 18 in. high and 21 in. wide. However, if the berth is part of the cab and between the berth and the driving seat, has a doorway or opening at least 18 in. high and 36 in. wide, the requirement for two exits does not apply.(f) Size. Sleeper berths shall be not less than 75 in. long, measured on the centerline of the longitudinal axis; 21 in. wide at the center; and 21 in. high at the center, measured from the top of the mattress. Sleeper berths shall be constructed so as not to hinder the ready entrance or exit of the occupant.(g) Federal Requirements. Carriers subject to and in compliance with sleeper berth requirements of the U.S. Department of Transportation shall be deemed in compliance with this section.

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(a) Mattress. Sleeper berths shall be equipped with springs and a

mattress at least 4 in. thick (unless the mattress is innerspring, air, or

foam rubber) and adequate bedding. Sleeper berths shall be

constructed to permit ready removal of mattress and bedding

for cleaning.

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(b) Ventilation. Sleeper berths shall be provided with louvers or other means of ventilation that are reasonably dust proof and rain proof.

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(c) Location. Sleeper berths shall be located to prevent entrance of gases from the exhaust system, overheating or damage by the exhaust system, and leakage from the fuel system. Sleeper berths shall not be

located in the cargo space unless completely and securely compartmentalized. No sleeper berth shall be installed in or on any

trailer or semitrailer other than a house trailer.

Note: Sleeper berth is wholly contained within the passenger compartment.

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(d) Communication With Driver. Unless the sleeper berth is inside the driver's compartment or has a direct entrance thereto, means shall be provided to enable the occupant of the berth to communicate with the driver. Such means may be a telephone, speaker tube, buzzer, pull

cord, or other mechanical or electrical device.

• Note direct entrance from sleeper berth to drivers compartment between seats, as seen from the rear and from the front seats.

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(e) Entrance and Exit. Sleeper berths shall be constructed and maintained so that the occupant has at least two means of exiting without assistance. The two exits shall be on opposite sides of the vehicle and shall be not less than

18 in. high and 21 in. wide. However, if the berth is part of the cab and between the berth

and the driving seat, has a doorway or opening at least 18

in. high and 36 in. wide, the requirement for two exits does

not apply.

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The two exits shall be on opposite sides of the vehicle and shall be not less than 18 in. high and 21 in. wide.

Note: The doorways are at least 36”high and 26” wide.

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(f) Size. Sleeper berths shall be not less than 75 in. long, measured on

the centerline of the longitudinal axis; 21 in. wide at the center; and 21 in.

high at the center, measured from the top of the mattress. Sleeper berths shall be constructed so as not to

hinder the ready entrance or exit of the occupant.

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(g) Federal Requirements. Carriers subject to and in compliance with sleeper berth requirements of the U.S. Department of Transportation shall be deemed in compliance with this section.

(Not applicable – claim not based on U.S. D.O.T. compliance.)