AN ACT

 

1Amending Title 66 (Public Utilities) of the Pennsylvania
2Consolidated Statutes, in general provisions, further
3providing for definitions; in contract carrier by motor
4vehicle and broker, further providing for declaration of
5policy and definitions; and providing for liability for 
6commuter ride-sharing vehicles.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. The definition of "common carrier by motor
10vehicle" in section 102 of Title 66 of the Pennsylvania
11Consolidated Statutes is amended by adding a paragraph and the
12section is amended by adding definitions to read:

13§ 102. Definitions.

14Subject to additional definitions contained in subsequent
15provisions of this part which are applicable to specific
16provisions of this part, the following words and phrases when
17used in this part shall have, unless the context clearly
18indicates otherwise, the meanings given to them in this section:

19* * *

20"Common carrier by motor vehicle." Any common carrier who or

1which holds out or undertakes the transportation of passengers
2or property, or both, or any class of passengers or property,
3between points within this Commonwealth by motor vehicle for
4compensation, whether or not the owner or operator of such motor
5vehicle, or who or which provides or furnishes any motor
6vehicle, with or without driver, for transportation or for use
7in transportation of persons or property as aforesaid, and shall
8include common carriers by rail, water, or air, and express or
9forwarding public utilities insofar as such common carriers or
10such public utilities are engaged in such motor vehicle
11operations, but does not include:

12* * *

13(10) A person or entity that:

14(i) is conducting, supporting, promoting or
15coordinating ride-sharing promotional activities or
16commuter ride sharing; or

17(ii) engaged in the business of a ride-sharing
18operator.

19"Commuter ride sharing." A car pool or van pool arrangement 
20whereby one or more groups are transported in a passenger motor 
21vehicle between a place of abode or terminus near the place of 
22abode and a place of employment or educational or other 
23institution. A group may not exceed 15 persons, including the 
24driver and may not be fewer than two persons including the 
25driver. The gross vehicle weight of the passenger motor vehicle
26may not exceed 10,000 pounds, excluding special rider equipment.
27The group must be transported in a round trip where the driver
28is also driving to or from the driver's place of employment or
29educational or other institution.

30* * *

1"Ride-sharing operator." The person, entity or concern
2responsible for the existence and continuance of commuter ride
3sharing. The party responsible is not necessarily the driver.
4The term includes, but is not limited to:

5(1) an employer;

6(2) an employer's agent;

7(3) an employer-organized association;

8(4) a State, regional or local agency; or

9(5) an entity that owns or leases a ride-sharing
10vehicle.

11"Ride-sharing promotional activities." The activities
12involved in forming a commuter ride-sharing arrangement,
13including, but not limited to:

14(1) public promotional and advertising activities;

15(2) receiving information from existing and prospective
16ride-sharing participants;

17(3) sharing the information received under paragraph (2)
18with other existing and prospective ride-sharing
19participants;

20(4) matching the persons under paragraph (2) with other
21existing or prospective ride-sharing participants; and

22(5) making assignments of persons to ride-sharing
23arrangements.

24* * *

25Section 2. Paragraph (2) of the definition of "contract 
26carrier by motor vehicle" in section 2501(b) of Title 66 is
27amended by adding a subparagraph to read:

28§ 2501. Declaration of policy and definitions.

29* * *

30(b) Definitions.--The following words and phrases when used

1in this part shall have, unless the context clearly indicates
2otherwise, the meanings given to them in this subsection:

3* * *

4"Contract carrier by motor vehicle."

5* * *

6(2) The term "contract carrier by motor vehicle" does
7not include:

8* * *

9(x) Any person or corporation that is conducting,
10supporting, promoting or coordinating ride-sharing
11promotional activities or commuter ride sharing, or who
12engages in the business of a ride-sharing operator.

13Section 3. Title 66 is amended by adding a section to read:

14§ 2510. Liability for commuter ride-sharing vehicles.

15(a) Standard of care and limitation.--The operator and the
16driver of a commuter ride-sharing vehicle shall be held to a
17reasonable and ordinary standard of care and are not subject to
18an ordinance or regulation that relates to the regulation of a
19driver or owner of a motor vehicle operated for hire or other
20common carrier or public transit carrier.

21(b) Prohibition.--As a result of engaging in ride-sharing
22promotional activities, a person, entity or concern may not be
23liable for civil damages arising directly or indirectly from:

24(1) the maintenance and operation of a commuter ride-
25sharing vehicle; or

26(2) a negligent or intentional act of another person who
27is participating or proposing to participate in a commuter
28ride-sharing arrangement, unless the ride-sharing operator or
29promoter had:

30(i) prior knowledge the intentional act was likely

1to occur; and

2(ii) a commercially reasonable ability to prevent
3the act from occurring.

4Section 4. This act shall take effect in 60 days.