Regular Session 2015-2016 House Bill 1065 P.N. 1347

PRINTER'S NO. 1347

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1065

Session of

2015

INTRODUCED BY KILLION, GODSHALL, MUSTIO, DiGIROLAMO AND

READSHAW, APRIL 24, 2015

REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, APRIL 24, 2015

AN ACT

Amending Titles 53 (Municipalities Generally) and 66 (Public

Utilities) of the Pennsylvania Consolidated Statutes by:

--In Title 53:

As to local transportation in first class cities:

In general provisions:

further providing for definitions, for

legislative findings, for advisory committee, for

rates, for power of authority to require

insurance, for contested complaints, for driver

certification program, for budget and assessments

and for funds;

providing for transportation network services;

and making editorial changes;

--In Title 66:

In general provisions:

further providing for definitions;

In contract carrier by motor vehicle and broker:

further providing for declaration of policy and

definitions;

further providing for the regulation of taxi and

limousine services; and

providing for the regulation of taxi

transportation network services and for

transportation network services.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The heading of Chapter 57 of Title 53 of the

Pennsylvania Consolidated Statutes is amended to read:

CHAPTER 57

TAXICABS [AND], LIMOUSINES AND TRANSPORTATION

NETWORK COMPANIES IN FIRST CLASS CITIES

Section 2. The definitions of "call or demand service" or

"taxicab service," "driver's certificate" and "Philadelphia

Taxicab and Limousine Regulatory Fund" or "regulatory fund" in

section 5701 of Title 53 are amended and the section is amended

by adding definitions to read:

§ 5701. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

"Call or demand service" or "taxicab service." Local common

carrier service for passengers, rendered on either an exclusive

or nonexclusive basis, where the service is characterized by the

fact that passengers normally hire the vehicle and its driver

[either] by telephone call [or], by hail[,] or [both] by digital

network. The term does not include limousine service or

transportation network service.

"Digital network." An online-enabled application, software,

website or system offered or utilized by a transportation

network company which enables the prearrangement of rides of

passengers with a transportation network company driver.

"Driver's certificate." A certificate or permit to drive a

taxicab [or], limousine or transportation network company

vehicle issued pursuant to section 5706 (relating to driver

certification program).

* * *

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"Philadelphia Taxicab [and], Limousine and Transportation

Network Service Regulatory Fund" or "regulatory fund." A

special fund in the State Treasury established by section 5708

(relating to funds) for fulfilling the purposes of this chapter

to regulate taxicabs [and], limousines and transportation

network services in a city of the first class.

* * *

"Transportation network company." A company that uses or

operates a transportation network service to connect a passenger

with a transportation network company driver for the purpose of

transportation. The term does not include taxicab service or a

company providing transportation through a ridesharing

arrangement under the act of December 14, 1982 (P.L.1211,

No.279), entitled "An act providing for ridesharing arrangements

and providing that certain laws shall be inapplicable to

ridesharing arrangements."

"Transportation network company driver." An individual who

uses the individual's personal vehicle to provide to passengers

transportation network service which is arranged through the

digital network of a transportation network company.

"Transportation network company vehicle." A vehicle used by

a transportation network company driver to provide

transportation network service.

"Transportation network service." As follows:

(1) A service which meets all of the following:

(i) Matches or arranges a passenger and driver

electronically in advance through a digital network.

(ii) Is rendered on an exclusive basis.

(iii) Is characterized by a driver offering or

providing transportation to a passenger within a city of

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the first class in a vehicle arranged through a digital

network.

(2) The term does not include taxicab service or a

ridesharing arrangement under the act of December 14, 1982

(P.L.1211, No.279), entitled "An act providing for

ridesharing arrangements and providing that certain laws

shall be inapplicable to ridesharing arrangements."

* * *

Section 3. Section 5701.1(2) and (3) of Title 53 are amended

to read:

§ 5701.1. Legislative findings.

The General Assembly finds and declares as follows:

* * *

(2) Unemployment, the spread of poverty and the heavy

burden of public assistance and unemployment compensation can

be avoided by the promotion, attraction, stimulation,

development and expansion of business, industry, commerce and

tourism in this Commonwealth through the development of a

clean, safe, reliable and well-regulated taxicab [and],

limousine and transportation network company industry locally

regulated by parking authorities in cities of the first

class.

(3) Due to the size, total population, population

density and volume of both tourism and commerce of a city of

the first class, it may be more efficient to regulate the

taxicab [and], limousine and transportation network company

industries through an agency of the Commonwealth with local

focus than an agency with diverse Statewide regulatory

duties. Well-regulated local focus on improving those

industries can be an important factor in the continual

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encouragement, development, attraction, stimulation, growth

and expansion of business, industry, commerce and tourism

within a city of the first class, the surrounding counties

and this Commonwealth as a whole.

Section 4. Section 5702(a) and (b)(1)(i)(D) of Title 53 are

amended and subparagraph (i) is amended by adding a clause to

read:

§ 5702. Advisory committee.

(a) Establishment.--There is hereby established an advisory

committee to be known as the City of the First Class Taxicab and

Limousine Advisory Committee. The authority shall submit to the

advisory committee issues and questions for their consideration

regarding the regulation, enforcement, compliance and operation

of taxicabs [and], limousines and transportation network

companies in cities of the first class. The advisory committee

may thoroughly consider the questions and issues submitted by

the authority and may prepare and transmit to the authority and

the public written comments. The advisory committee may submit

suggestions and proposals to the authority in writing on topics

considered important by a majority of the members. All actions

of the advisory committee shall be considered strictly advisory,

and the authority shall give careful and due consideration to

the comments and proposals of the advisory committee.

(b) Membership.--

(1) The advisory committee shall consist of the

following members:

(i) [Ten] Eleven members appointed by the chairman

of the authority or his designee as follows:

* * *

(D) One member of the public who utilizes

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taxicabs [or], limousines or transportation network

services.

* * *

(K) One representative of a transportation

network company.

* * *

Section 5. Sections 5703, 5704, 5705(b) and 5706(a) and (b)

of Title 53 are amended to read:

§ 5703. Rates.

(a) Rates to be just and reasonable.--Every rate made for

authority-certified taxicab, limousine [or], medallion taxicab

service or transportation network company shall be just and

reasonable and in conformity with regulations or orders of the

authority.

(b) Tariffs.--Under regulations as the authority may

prescribe, every taxicab [or] service, limousine service or

transportation network company shall file with the authority,

within the time and in the form as the authority may designate,

tariffs showing all rates established by it and collected or

enforced or to be collected or enforced within cities of the

first class. Every taxicab [or] service, limousine service or

transportation network company shall keep copies of tariffs open

to public inspection under rules and regulations as the

authority may prescribe. Upon request, the taxicab [or] service,

limousine service or transportation network company shall make

available at least one copy of any rate filing at a convenient

location and for a reasonable length of time within a city of

the first class for inspection and study by customers.

limousine service or transportation network company shall,

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directly or indirectly, by any device whatsoever or in any way,

demand or receive from any person, corporation or municipal

corporation a greater or lesser rate for any service rendered or

to be rendered by the taxicab [or] service, limousine service or

transportation network company than that specified in the

tariffs of the taxicab [or] service, limousine service or

transportation network company.

(d) Discrimination in rates.--No taxicab [or] service,

limousine service or transportation network company shall make

or grant any unreasonable preference or advantage to any person,

corporation or municipal corporation or subject any person,

corporation or municipal corporation to any unreasonable

prejudice or disadvantage concerning its rate. No taxicab [or]

service, limousine service or transportation network company

shall establish or maintain any unreasonable difference as to

rates. This subsection shall not prohibit the establishment of

reasonable zone or group systems or classifications of rates.

(e) Voluntary changes in rates.--

(1) Unless the authority otherwise orders, no taxicab

[or] service, limousine service or transportation network

company shall make any change in any existing and duly

established rate except after 60 days' notice to the

authority which shall plainly state the changes proposed to

be made in the rates then in force and the time when the

changed rates will go into effect. The taxicab [or] service,

limousine service or transportation network company shall

also give notice of the proposed changes to other interested

persons as the authority, in its discretion, may direct. The

notices regarding the proposed changes which are provided

shall be in plain, understandable language as the authority

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prescribes. All proposed changes shall be shown by filing new

tariffs or supplements to existing tariffs filed and in force

at the time. The authority, for good cause shown, may allow

changes in rates without requiring the 60 days' notice under

conditions as it may prescribe.

(2) Whenever there is filed with the authority by any

taxicab [or] service, limousine service or transportation

network company any tariff stating a new rate, the authority

may, either upon complaint or upon its own motion and upon

reasonable notice, conduct a hearing concerning the

lawfulness of the rate. Pending the hearing and its outcome,

the authority, upon filing the tariff and delivering to the

affected taxicab [or] service, limousine service [affected]

or transportation network company a statement in writing of

its reasons may, at any time before it becomes effective,

suspend the operation of the rate for a period not longer

than nine months from the time it would otherwise become

effective. The rate in force when the tariff stating the new

rate was filed shall continue in force during the period of

suspension unless the authority shall establish a temporary

rate. The authority shall consider the effect of the

suspension in finally determining and prescribing the rates

to be charged and collected by the taxicab [or] service,

limousine service or transportation network company.

(3) If, after the hearing conducted pursuant to

paragraph (2), the authority finds any rate to be unjust or

unreasonable or in any way in violation of law, it shall

determine the just and reasonable rate to be charged or

applied by the taxicab [or] service, limousine service or

transportation network company for the service in question

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and shall fix the rate by order to be served upon the taxicab

[or] service, limousine service or transportation network

company. The rate shall then be observed until changed.

(f) Temporary rates.--The authority may, in any proceeding

involving the rates of a taxicab [or] service, limousine service

or transportation network company, after reasonable notice and

hearing and, if the public interest requires, immediately fix,

determine and prescribe temporary rates to be charged by a

taxicab [or] service, limousine service or transportation

network company, pending the final determination of the rate

proceeding.

(g) Fair return.--In fixing any rate of a taxicab [or]

service, limousine service or transportation network company

engaged exclusively as a common carrier by motor vehicle, the

authority may fix the fair return by relating the fair and

reasonable operating expenses, depreciation, taxes and other

costs of furnishing service to operating revenues.

(h) Refunds.--If, in any proceeding involving rates, the

authority determines that any rate received by a taxicab [or]

service, limousine service or transportation network company was

unjust or unreasonable or was in violation of any regulation or

order of the authority or was in excess of the applicable rate

contained in an existing and effective tariff of the taxicab

[or] service, limousine service or transportation network

company, the authority shall have the power to make an order

requiring the public utility to refund the amount of any excess

paid by any patron.

§ 5704. Power of authority to require insurance.

The authority may, by regulation or order, prescribe for a

taxicab [or] service, limousine service or transportation

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network company requirements as it may deem necessary for the

protection of persons or property of their patrons and the

public, including the filing of surety bonds, the carrying of

insurance or the qualifications and conditions under which

carriers may act as self-insurers with respect to the

requirements. Insurance coverage required of a transportation

network company may be satisfied by a policy obtained by a

transportation network company or a policy obtained by a

transportation network company driver only if the policy is

specifically written to cover the driver's use of a

transportation network company vehicle in connection with a

transportation network company's digital network.

§ 5705. Contested complaints.

* * *

(b) Commencement of complaints.--Authority enforcement

officers, Pennsylvania Public Utility Commission enforcement

officers and police officers or licensing officials within

cities of the first class may commence and prosecute the

following:

(1) A complaint which is brought before the authority

pursuant to this chapter and authority regulations applicable

to taxicab [or], limousine or transportation network company

operations in cities of the first class.

(2) A complaint which:

(i) arises out of service to or from a city of the

first class against a taxicab [or], limousine or

transportation network company operation not certified to

provide service between points within a city of the first

class; and

(ii) is brought before the commission to enforce

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commission regulations for taxicab [or] service,

limousine service or transportation network service.

* * *

§ 5706. Driver certification program.

(a) General rule.--

(1) The authority shall provide for the establishment of

a driver certification program for drivers of taxicabs [and],

limousines and transportation network company vehicles within

cities of the first class.

(i) Standards for fitness of all drivers shall be

established under such rules and regulations as the

authority may prescribe.

(ii) The authority may revoke or suspend a driver's

certificate upon a finding that the individual is not fit

to operate a taxicab [or], limousine or transportation

network company vehicle, as applicable. [Each]

(iii) Except as set forth in subparagraph (iv), each

applicant for a driver's certificate shall pay a fee in

an amount to be determined pursuant to the requirements

of section 5710 (relating to fees).

(iv) An applicant seeking certification to be a

transportation network company driver shall pay a fee of

$100.

(2) Upon approval, a picture driver's certificate will

be issued to an applicant.

(3) No individual shall operate a taxicab [or],

limousine or transportation network company vehicle at any

time unless the individual is certified as a driver by the

authority.

(4) Each certified driver shall carry and display in

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full view a driver's certificate at all times of operation of

a taxicab [or], limousine or transportation network company

vehicle.

(5) The authority may establish orders or regulations

which designate additional requirements governing the

certification of drivers and the operation of taxicabs [or],

limousines or transportation network company vehicles by

drivers, including, but not limited to, dress codes for

drivers.

* * *

(b) Violations.--Operating a taxicab [or], limousine or

transportation network company vehicle without a driver's

certificate or authorizing or permitting the operation of a

taxicab or limousine or the provision of transportation network

service by a driver who is not certified as a driver by the

authority within cities of the first class is a nontraffic

summary offense in the first instance and a misdemeanor of the

third degree for each offense thereafter. The authority may, by

regulation, provide for suspension and revocation of drivers'

certificates for violations of this chapter and authority

regulations.

* * *

Section 6. Section 5707(c) of Title 53 is amended by adding

a paragraph to read:

§ 5707. Budget and assessments.

* * *

(4) The following relate to assessments for

transportation network companies:

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(i) The transportation network company utility group

shall be comprised of each transportation network company

authorized by the authority under section 5751 (relating

to certificate of public convenience required).

Transportation network company vehicles approved by the

authority to provide transportation network service under

section 5752 (relating to transportation network company

vehicles) shall not be considered part of the

transportation network company group for assessment

purposes.

(ii) On or before March 31 of each year, each

transportation network company shall file with the

authority a statement under oath estimating the number of

vehicles it estimates to have in service in the next

fiscal year.

(iii) The portion of the total assessment allocated

to the transportation network company utility group shall

be divided by the number of transportation network

company vehicles estimated by the authority to be in

service during the next fiscal year, and the quotient

shall be the transportation network company assessment.

The transportation network company assessment shall be

applied to each transportation network company in the

transportation network company group and shall be paid by

the transportation network company.

(iv) The authority may not make an additional

assessment against a vehicle substituted for another

already in transportation network company service during

the fiscal year and already subject to assessment as

provided in subparagraph (iii). The authority may, by

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order or regulation, provide for reduced assessments for

transportation network companies first entering service

after the initiation of the fiscal year.

(v) The transportation network company assessment

shall be determined by the authority.

* * *

Section 7. Section 5708(a) introductory paragraph of Title

53 is amended to read:

§ 5708. Funds.

(a) Regulatory Fund.--The Philadelphia Taxicab [and],

Limousine and Transportation Network Services Regulatory Fund is

established as a special fund in the State Treasury. A balance

remaining in the regulatory fund and previously held by the

authority shall be transferred to the special fund in the State

Treasury upon the effective date of section 5710 (relating to

fees). The regulatory fund shall be the primary operating fund

of the authority for the administration and enforcement of this

chapter and shall be administered as follows:

* * *

Section 8. Chapter 57 of Title 53 is amended by adding a

subchapter to read:

SUBCHAPTER D

TRANSPORTATION NETWORK SERVICES IN

CITIES OF THE FIRST CLASS

Sec.

5751. Certificate of public convenience required.

5752. Transportation network company vehicles.

5753. Insurance.

5754. Authority inspection of records.

5755. Power of authority.

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5756. Regulations.

5757. Criminal penalties.

5758. Civil penalties.

§ 5751. Certificate of public convenience required.

(a) Requirement and issuance.--

(1) In order to operate a transportation network company

within a city of the first class, the transportation network

company must have a certificate of public convenience issued

by the authority under section 5755 (relating to power of

authority).

(2) The authority may grant a certificate of public

convenience to provide transportation network service if the

authority determines that the applicant is capable of

providing safe, adequate, lawful and reliable service to the

public.

(a.1) Scope of transportation network services.--

Notwithstanding subsection (a.2), a transportation network

company vehicle may transport persons and their baggage:

(1) between points in the city of the first class for

which its certificate is issued;

(2) from any point in the city of the first class for

which its certificate is issued to any point in this

Commonwealth;

(3) from any point in this Commonwealth to any point in

the city of the first class for which its certificate is

issued; and

(4) from any point in the city of the first class for

which its certificate is issued to any point outside this

Commonwealth as part of a continuous trip.

(a.2) Prohibited transportation network service.-- A

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transportation network company vehicle may not transport

individuals and their baggage from any airport, railroad station

or hotel located in whole or in part in a city of the first

class. A transportation network company driver may not use taxi

stands.

(a.3) Pennsylvania Public Utility Commission transportation

network company certificate holders.--

(1) This subsection applies to a transportation network

company which:

(i) is not authorized by the authority to provide

transportation network service in a city of the first

class; but

(ii) is authorized by the Pennsylvania Public

Utility Commission to provide transportation network

service elsewhere in this Commonwealth.

(2) A transportation network company described in

paragraph (1) may transport individuals and their baggage to

a city of the first class in accordance with the service

authorized in its certificate of public convenience.

(a.4) Prohibited commission transportation network

service.-- A transportation network company authorized by the

commission to provide transportation network service may not

permit a transportation network company driver to transport

individuals and their baggage from any airport, railroad station

or hotel located in whole or in part in a city of the first

class.

(a.5) Compliance.--A t ransportation network company shall

ensure compliance with this section. This subsection includes

programming the digital network and applications to comply with

this chapter.

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(b) Enforcement.--

(1) This subchapter and the regulations promulgated by

the authority under this subchapter shall be enforced within

cities of the first class by authority personnel.

(2) The commission may initiate actions before the

authority.

shall be nontransferable unless a transfer is approved by the

authority.

(d) Penalties involving certified transportation network

companies.--

(1) A transportation network company may not provide or

authorize the provision of transportation network services in

violation of this subchapter and authority regulations with

regard to transportation network services in a city of the

first class.

(2) A transportation network company that violates

paragraph (1) commits a nontraffic summary offense.

(3) A transportation network company that violates

paragraph (1) is subject to section 5758 (relating to civil

penalties).

(e) Unauthorized vehicles.--

(1) A transportation network company that does not have

a certificate of public convenience may not do any of the

following:

(i) Permit a driver to provide transportation

network service.

(ii) Give the appearance of offering transportation

network service using a transportation network company

vehicle.

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(2) A transportation network company that violates

paragraph (1) commits a nontraffic summary offense.

(3) A transportation network company that violates

paragraph (1) is subject to section 5758. A civil penalty

shall be deposited in the fund established under section 5708

(relating to funds).

(f) Confiscation and impoundment of vehicles.--

(1) In addition to penalties provided for in subsections

(d) and (e), the authority may confiscate and impound a

vehicle used to provide transportation network services which

is:

(i) not associated with a properly certificated

transportation network company; or

(ii) operated by a transportation network company

driver in violation of authority regulations.

(2) Upon satisfaction of penalties imposed and

outstanding fines assessed against the transportation network

company driver owning or operating a confiscated vehicle and

payment of the authority's costs associated with confiscation

and impoundment, the vehicle shall be returned to its

registered owner or registered lienholder.

(3) The following apply:

(i) If the transportation network company driver

fails to satisfy all penalties and outstanding fines

assessed within 45 days of the date of impoundment, the

authority may publicly auction a confiscated vehicle.

(ii) The authority must, at least 30 days before the

date of the public auction, provide notice by regular

mail to the registered owner and each registered

lienholder of the public auction of confiscated vehicles.

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(4) The authority shall apply the proceeds from the sale

of all confiscated property in the following order:

(i) To the costs of the authority associated with

the confiscation, impoundment and auction.

(ii) To penalties and outstanding fines assessed

against the owner and operator of the vehicle.

(iii) Subject to subsection (f.1), to the lien of

any registered lienholder of the confiscated property

upon demand.

(iv) Subject to subsection (f.1), to the registered

owner of the confiscated property upon demand.

(f.1) Deposit.--P roceeds not claimed under subsection (f)(4)

(iii) or (iv) within one year of the auction date shall be

deposited into the fund established under section 5708.

§ 5752. Transportation network company vehicles.

(a) Inspection by authority.--

(1) The authority shall promulgate inspection

regulations to ensure that each vehicle used to provide

transportation network services i s safe for use under this

subchapter. This paragraph includes:

(i) Vehicle age and mileage limitations. Under this

subparagraph, the maximum age for a vehicle is 10 years.

(ii) Recordkeeping requirements.

(2) The authority shall require, by order or regulation,

that each vehicle within its jurisdiction under this

subchapter submit to inspection:

(i) prior to being used to provide transportation

network services; and

(ii) periodically.

(b) Vehicle Code.--Inspection requirements under subsection

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(a) are in addition to the requirements under 75 Pa.C.S. Ch. 47

(relating to inspection of vehicles).

used to provide transportation network services must be

registered in this Commonwealth to the transportation network

company driver using it to provide transportation network

services.

(d) Marking and license.--

(1) Each vehicle used to provide transportation network

services shall be identified by a conspicuously placed

marking on the exterior of the vehicle. The marking must

identify the vehicle as a transportation network company

vehicle through a unique identification number to be

determined by the authority.

(2) Each vehicle used to provide transportation network

service shall have a unique license plate to distinguish it

as a common carrier. The Department of Transportation and the

authority have the power and duty to cooperate under 75

Pa.C.S. Ch. 13 Subch. B (relating to registration plates) to

implement this paragraph.

§ 5753. Insurance.

(a) Requirements. --Each t ransportation network company and

each transportation network company driver shall comply with

this section.

(b) Type of insurance.--The t ransportation network company

shall maintain primary insurance which complies with 75 Pa.C.S.

Ch. 17 (relating to financial responsibility) with limits to be

determined by the authority. The authority shall establish

insurance coverage limits that require a lower amount of

coverage:

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(1) during the period of time when a driver has a

digital network open but has not been matched with a

passenger; and

(2) from the time a passenger safely exits a

transportation network company vehicle until the time a

driver is matched with another passenger or logs off of the

digital network, whichever is later.

(1) begin when the transportation network company driver

opens the digital network to connect transportation network

company drivers and passengers; and

(2) continue until the later of:

(i) the closing of the digital network by the

transportation network company driver; or

(ii) the safe exiting of the vehicle by the

passenger.

(d) Transportation network company driver insurance.--

Notwithstanding any coverage held or maintained by the

transportation network company driver, the transportation

network company's insurance coverage required under this section

shall be the primary insurance for a claim arising out of an

incident involving a transportation network company driver while

providing transportation network services.

(e) Filing with authority.--Th e transportation network

company shall file all of the following with the authority:

(1) Form E, evidence of motor carrier bodily injury and

property damage liability certificate of insurance,

evidencing its primary commercial insurance coverage.

(2) Other coverage as required under subsection (b) and

compliance with 75 Pa.C.S. Ch. 17.

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(f) Proof of insurance.--T he transportation network company

driver shall certify to the authority that the transportation

network company driver's personal insurer has been made aware of

the transportation network company driver's intention to operate

the driver's vehicle to provide transportation network service.

(g) Accidents generally.-- In the case of an accident, the

following apply:

(1) The transportation network company driver shall

provide proof of the transportation network company's primary

insurance coverage. To comply with this paragraph, the driver

may:

(i) maintain in the vehicle a hard copy of proof of

the transportation network company's primary commercial

liability insurance; or

(ii) if agreed upon by the insurer, as required

under 75 Pa.C.S. § 1782(d) (relating to manner of

providing proof of financial responsibility), utilize an

electronic copy of proof of the transportation network

company's primary commercial liability insurance.

(2) The driver may not present the driver's personal

insurance to a party as proof of insurance during the time

period:

(i) beginning when the driver has been matched with

a passenger; and

(ii) ending on the later of when:

(A) the transportation network company driver

logs off of a digital network; or

(B) the passenger safely exits the vehicle.

(3) A driver who violates paragraph (2) is subject to

penalties as prescribed by the authority.

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§ 5754. Authority inspection of records.

Subject to reasonable confidentiality obligations and

applicable confidentiality laws, the authority may inspect

records to investigate compliance with the requirements of this

subchapter and regulations issued under section 5756 (relating

to regulations). A record disclosed to the authority under this

section shall not be subject to disclosure to a third party by

the authority, including through a request submitted under the

act of February 14, 2008 (P.L.6, No.3), known as the Right-to-

Know Law.

§ 5755. Power of authority.

(a) Certificates.--T he authority may issue certificates of

public convenience under this subchapter.

(b) Application.-- An application for a certificate of public

convenience must:

(1) be filed with the authority in writing;

(2) be verified by oath or affirmation; and

(3) be in a form and contain information as determined

by the authority.

public convenience for violation of this subchapter or a

regulation promulgated under this subchapter.

§ 5756. Regulations.

(a) Authority.--The authority may promulgate regulations to

implement this subchapter.

(b) Other provisions.--The authority has the power under

subsection (a) notwithstanding any other provision of law or of

the authority's articles of incorporation.

§ 5757. Criminal penalties.

A criminal offense under this subchapter is subject to 18

20150HB1065PN1347 - 23 -

Pa.C.S. Ch. 11 (relating to authorized disposition of

offenders).

§ 5758. Civil penalties.

(a) General rule.-- If a person subject to this subchapter

violates this subchapter, a regulation under this subchapter or

an order of the authority, the person shall be subject to a

civil penalty of not more than $1,000 to be recovered through a

complaint under section 5705(b) (relating to contested

complaints).

(b) Continuing offenses.-- Each day of violation under

subsection (a) shall be a separate violation.

Section 9. The definitions of "common carrier" and "common

carrier by motor vehicle" in section 102 of Title 66 are amended

to read:

§ 102. Definitions.

Subject to additional definitions contained in subsequent

provisions of this part which are applicable to specific

provisions of this part, the following words and phrases when

used in this part shall have, unless the context clearly

indicates otherwise, the meanings given to them in this section:

* * *

"Common carrier." Any and all persons or corporations

holding out, offering, or undertaking, directly or indirectly,

service for compensation to the public for the transportation of

passengers or property, or both, or any class of passengers or

property, between points within this Commonwealth by, through,

over, above, or under land, water, or air, and shall include

forwarders, but shall not include contract carriers by motor

vehicles, or brokers, or any bona fide cooperative association

transporting property exclusively for the members of such

20150HB1065PN1347 - 24 -

association on a nonprofit basis. The term does not include any

of the following:

(1) A transportation network company.

(2) A transportation network company driver.

(3) A taxi transportation network company as defined in

section 24A01 (relating to definitions).

(4) A taxi transportation network company driver as

defined in section 24A01.

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

which holds out or undertakes the transportation of passengers

or property, or both, or any class of passengers or property,

between points within this Commonwealth by motor vehicle for

compensation, whether or not the owner or operator of such motor

vehicle, or who or which provides or furnishes any motor

vehicle, with or without driver, for transportation or for use

in transportation of persons or property as aforesaid, and shall

include common carriers by rail, water, or air, and express or

forwarding public utilities insofar as such common carriers or

such public utilities are engaged in such motor vehicle

operations, but does not include:

(1) A lessor under a lease given on a bona fide sale of

a motor vehicle where the lessor retains or assumes no

responsibility for maintenance, supervision, or control of

the motor vehicles so sold.

(2) Transportation of school children for school

purposes or to and from school-related activities whether as

participants or spectators, with their chaperones, or between

their homes and Sunday school in any motor vehicle owned by

the school district, private school or parochial school, or

transportation of school children between their homes and

20150HB1065PN1347 - 25 -

school or to and from school-related activities whether as

participants or spectators, with their chaperones, if the

person performing the school-related transportation has a

contract for the transportation of school children between

their homes and school, with the private or parochial school,

with the school district or jointure in which the school is

located, or with a school district that is a member of a

jointure in which the school is located if the jointure has

no contracts with other persons for the transportation of

students between their homes and school, and if the person

maintains a copy of all contracts in the vehicle at all

times, or children between their homes and Sunday school in

any motor vehicle operated under contract with the school

district, private school or parochial school. Each school

district shall adopt regulations regarding the number of

chaperones to accompany students in connection with school-

related activities.

(3) Any owner or operator of a farm transporting

agricultural products from, or farm supplies to, such farm,

or any independent contractor or cooperative agricultural

association hauling agricultural products or farm supplies

exclusively for one or more owners or operators of farms.

(4) Any person or corporation who or which uses, or

furnishes for use, dump trucks for the transportation of

ashes, rubbish, excavated and road construction materials.

This paragraph does not include the use or furnishing of

five-axle tractor trailers.

(5) Transportation of property by the owner to himself,

or to purchasers directly from him, in vehicles owned and

operated by the owner of such property and not otherwise used

20150HB1065PN1347 - 26 -

in transportation of property for compensation for others.

(6) Transportation of voting machines to and from

polling places by any person or corporation for or on behalf

of any political subdivision of this Commonwealth for use in

any primary, general, municipal or special election.

(7) Transportation of pulpwood, chemical wood, saw logs

or veneer logs from woodlots.

(8) Transportation by towing of wrecked or disabled

motor vehicles.

(9) Any person or corporation who or which furnishes

transportation for any injured, ill or dead person.

(10) A person or entity that is any of the following:

(i) A transportation network company.

(ii) A transportation network company driver.

(iii) A taxi transportation network company as

defined in section 24A01 (relating to definitions).

(iv) A taxi transportation network company driver as

defined in section 24A01.

* * *

Section 10. Title 66 is amended by adding chapters to read:

CHAPTER 24

TAXI AND LIMOUSINE SERVICES

Sec.

2401. Definitions.

2402. Applicability of chapter.

2403. Requirements for taxi and limousine companies.

2404. Tariffs.

2405. Marking of taxis.

2406. Service standards and requirements for taxi and limousine

companies.

20150HB1065PN1347 - 27 -

2407. Operation of leased taxi and limousine equipment.

2408. Inspection and safe operation requirements.

2409. Method of operation of taxis.

2410. Requirements for taxi drivers.

2411. Taxi vehicle requirements.

2412. Rates and forms of compensation.

2413. Operation of limousines.

2414. Regulations.

2415. Assessments.

§ 2401. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Call or demand service." Taxi service for passengers,

rendered on an exclusive or a nonexclusive basis, where the

service is characterized by the fact that passengers normally

hire the vehicle and the vehicle's driver either by telephone

call or by hail, or both.

"Certificate." A certificate of public convenience issued by

the commission.

"Digital platform." An online-enabled application, software,

website or system, utilized by a motor carrier of passengers to

dispatch taxis and calculate fares.

"Exclusive service." Transportation on a given trip when the

first or principal person, party or group hiring the vehicle has

the exclusive right to determine where, when or if another

passenger shall be carried on the trip.

"Lessee." A driver who enters into a written agreement

authorizing the driver to operate a vehicle owned by a lessor.

"Lessor." The owner of a vehicle who, by written agreement,

20150HB1065PN1347 - 28 -

authorizes the operation of the vehicle by a lessee in exchange

for a fee.

"Limousine service." Local, nonscheduled common carrier

service for passengers rendered in luxury-type vehicles on an

exclusive basis which is arranged for in advance.

"Motor carrier of passengers." A common or contract carrier

by motor vehicle that offers or undertakes the transportation of

a passenger.

"Nonexclusive service." Transportation on a given trip where

passengers other than the first or principal person, party or

group hiring the vehicle may be carried as permitted by the

applicable tariff provisions of the carrier and the rules and

regulations governing the class of service under which the

vehicle is operating.

"Tariff." A schedule of rates, rules, regulations, practices

or contracts involving a rate or schedule showing the method of

distribution of the facilities of a common carrier.

§ 2402. Applicability of chapter.

This chapter shall not apply to a taxi and limousine service

within a city of the first class.

§ 2403. Requirements for taxi and limousine companies.

(a) Certificate required.--A person or corporation may not

engage in the business of a taxi or limousine company in this

Commonwealth unless the person or corporation holds a

certificate of public convenience as a motor carrier of

passengers issued by the commission.

(b) Certificate application and issuance.-- A person or

corporation seeking to engage in the business of a taxi or

limousine company must apply for a certificate of public

convenience from the commission in accordance with section

20150HB1065PN1347 - 29 -

1103(a) and (b) (relating to procedure to obtain certificates of

public convenience).

carrier of passengers authority shall have the burden of proving

that the applicant possesses the technical and financial ability

to provide proper service. Authority shall be withheld if the

record demonstrates that the applicant lacks a propensity to

operate safely and legally. In evaluating whether a motor

carrier of passengers applicant can satisfy these fitness

standards, the commission shall examine whether the applicant:

(1) Operates illegally and without authority before or

during the pendency of the applicant's application.

(2) Has capital in excess of the applicant's debts of at

least $10,000 to ensure financial fitness.

(3) Has the capability to acquire vehicles, equipment

and facilities to house and maintain the applicant's

operations.

(4) Has demonstrated an ability to provide reasonably

continuous service to the public.

(5) Has demonstrated an ability to provide safe,

reliable and adequate service throughout the entire proposed

certificated service area.

(6) Has technical expertise and fitness and can

demonstrate a working knowledge of the applicable laws of

this Commonwealth governing common carrier transportation.

(7) Has vehicles, drivers and facilities sufficient to

service the area for which authority is sought.

(8) Can obtain and maintain insurance coverage compliant

with this chapter and commission regulations.

(9) Has a written plan to comply with the driver and

20150HB1065PN1347 - 30 -

vehicle safety regulations under this chapter and commission

regulations.

(10) Has a previous felony record or has been convicted

or pled guilty to a crime involving moral turpitude.

(11) Has previously complied with commission orders and

regulations.

(d) Applicability.--Nothing under this section shall apply

to an application for the right to operate a limousine service.

§ 2404. Tariffs.

A taxi company shall, prior to furnishing or offering to

furnish service, have a tariff approved and on file with the

commission under sections 1302 (relating to tariffs; filing and

inspection) and 1308 (relating to voluntary changes in rates).

The following shall apply:

(1) A taxi tariff must be filed, posted and published in

accordance with Chapter 13 (relating to rates and

distribution systems). A fare may be charged pursuant to a

taxi company's commission-approved tariff in the following

manner:

(i) In the amount as is calculated and registered on

the meter.

(ii) As a fixed amount for the trip.

(iii) As the amount shown to be due on the meter

plus a surcharge.

(iv) Through a time and distance charge calculated

through a digital platform, which may increase or

decrease in real time for the purpose of balancing supply

and demand. For purposes of this section, a tariff on

file with the commission must include the basis upon

which rates are calculated, including the calculation

20150HB1065PN1347 - 31 -

methodology or formula.

(2) A cancellation, no-show and cleaning fee may be

applied as necessary and included within the tariff or

charged separately with advance notice to the customer.

(3) A taxi company whose tariffs are based on a meter or

flat rate must post the rates of the fare in a conspicuous

place in each of the taxi company's vehicles.

(4) A taxi company that uses a digital platform must

disclose the fare calculation method, the applicable rates

being charged and provide the option for an estimated fare to

the customer. A taxi company that computes fares through a

digital platform may not charge a fare that exceeds the

limitations under the act of October 31, 2006 (P.L.1210,

No.133), known as the Price Gouging Act, during a natural

disaster or state of emergency as declared by a State or

local governing body of the Commonwealth. If a natural

disaster or emergency does not result in the declaration of

State or local emergency, the increase in fare must be

established on the basis of fares charged over the preceding

60 days.

(5) A limousine company tariff must be based on time or

distance, or both, and shall be available to the commission

for review upon request. A limousine carrier must provide

tariffed rates to passengers for approval in advance of

providing service. Agreed pricing between passenger and

carrier shall be deemed legally appropriate and binding.

(6) (i) Notwithstanding any other provision of this

chapter, a certificated motor carrier of passengers

operating in call or demand service may increase the

certificated common carrier's tariff once annually in

20150HB1065PN1347 - 32 -

conformance with the increase in the Federal cost-of-

living index provided for the city or county in which the

majority of the certificate holders' trips occur.

(ii) If a certificate holder does not increase rates

under subparagraph (i), the certificate holder waives the

right to the increase and may not, in a succeeding year,

add the increase to the certificate holder's tariff.

(iii) If not used, a tariff increase is waived.

(iv) An increase in a tariff beyond the increase in

the cost-of-living index described under subparagraph (i)

shall require commission approval.

(7) Notice of the implementation of the cost-of-living

index tariff increase must be sent to the commission, in

writing, and shall take effect immediately without the need

for further proceedings or order of the commission.

§ 2405. Marking of taxis.

(a) Certificate number.--The number of the certificate of

public convenience and the registered insignia approved by the

commission must be painted or affixed on each side of each

vehicle used as a taxi. Each vehicle in a taxi fleet must be

sequentially numbered. A list of all fleet vehicles must be

filed with the commission.

(b) Removal of markings.--If the certificate of public

convenience of a motor carrier of passengers is canceled or

revoked by the commission or by law or if a vehicle is

permanently removed from service, the certificated motor carrier

of passengers must immediately remove all markings from the

vehicle.

or design a vehicle to simulate a vehicle operated by another

20150HB1065PN1347 - 33 -

certificated motor carrier of passengers within the same local

service area. The simulation of design or other act intended to

invite patronage by deception shall be considered sufficient

grounds for revocation of a certificate of public convenience.

(d) Advertising.--

(1) Advertising, including, but not limited to, cab

tops, signs, placards and wrapping of vehicles shall be

permitted.

(2) Notwithstanding paragraph (1), advertising may not

obscure the mandated vehicle markings required under this

chapter.

(3) Advertising displayed on a vehicle must be securely

fastened and may not obscure the driver's view in any

direction.

(e) Applicability.--This section shall not apply to a

vehicle operated in limousine service.

§ 2406. Service standards and requirements for taxi and

limousine companies.

The following shall apply:

(1) An applicant seeking a certificate of public

convenience as a motor carrier of passengers under this

section must do all of the following as a condition of

receipt and maintenance of a certificate:

(i) Maintain accurate records including the make,

model and license numbers of vehicles used to provide

taxi and limousine services.

(ii) Maintain accurate records of all taxi and

limousine drivers providing services arranged by a

certificate holder.

(iii) Implement a zero-tolerance policy on the use

20150HB1065PN1347 - 34 -

of drugs and alcohol while a taxi or limousine driver is

providing call or demand or limousine services. Any taxi

or limousine driver who is the subject of a passenger

complaint alleging a violation of the zero-tolerance

policy shall be immediately suspended. The suspension

shall last until such time as the complaint investigation

is completed. The following shall be provided on a taxi

or limousine company's Internet website:

(A) Notice of the zero-tolerance policy.

(B) The procedures a passenger may use to report

a complaint about a taxi or limousine driver with

whom the passenger reasonably suspects was under the

influence of drugs or alcohol during the course of

the transportation.

(iv) Establish a driver training program designed to

ensure that each taxi and limousine driver safely

operates the taxi or limousine while transporting

passengers.

(v) Obtain and review criminal history record

information that may be performed through the use of the

commission's database, and systems or equivalent systems

for each taxi or limousine driver. The criminal history

record information must be a national, State and local

criminal background check, including the National Sex

Offender Registry. A person who has been convicted, pled

guilty or pled no contest to any of the following may not

be a taxi or limousine driver:

(A) driving under the influence of drugs or

alcohol within the last seven years; or

(B) fraud, a sexual offense, use of a motor

20150HB1065PN1347 - 35 -

vehicle to commit a felony, a crime involving

property damage or theft, acts of violence or acts of

terrorism.

(vi) Obtain and review the driving record for each

taxi and limousine driver prior to permitting a driver to

operate a taxi or limousine for a certificated motor

carrier of passengers and every three years thereafter.

Any person convicted of any of the following within the

three years immediately preceding the request date of the

driving record may not be a taxi or limousine driver:

(A) More than three moving violations.

(B) A major violation, including attempting to

evade a police officer, reckless driving or driving

with a suspended license.

(2) A motor carrier of passengers may not knowingly

permit a person to operate a vehicle in its authorized

service unless that person has a current, valid driver's

license. Failure to hold a valid driver's license while

operating a vehicle in certificated service shall subject the

driver to immediate disqualification as a driver and fines

and penalties as the commission deems appropriate.

§ 2407. Operation of leased taxi and limousine equipment.

Taxi and limousine companies shall operate vehicles in

compliance with the laws of this Commonwealth. The following

shall apply:

(1) When used in the authorized service of the lessee

certificate holder, a leased vehicle shall be operated:

(i) by a qualified driver when operating a vehicle

with a seating capacity of 15 or fewer passengers,

including the driver; or

20150HB1065PN1347 - 36 -

(ii) according to commission regulations

establishing a safety code for transportation of property

and passengers, when operating a vehicle with a seating

capacity of 16 or more passengers, including the driver.

(2) The liability insurance maintained by a taxi or

limousine company on each motor vehicle shall be as follows:

(i) For vehicles capable of transporting fewer than

16 passengers, the liability insurance shall be in an

amount not less than $35,000 to cover liability for

bodily injury, death or property damage incurred in an

accident arising from authorized service. The minimum

coverage shall be split coverage in the amounts of

$15,000 bodily injury per person, $30,000 bodily injury

per accident and $5,000 property damage per accident.

This coverage shall include first-party medical benefits

in the amount of $25,000 and first-party wage loss

benefits in the amount of $10,000 for passengers and

pedestrians. Except as to the required amount of

coverage, the benefits must conform to 75 Pa.C.S. Ch. 17

(relating to financial responsibility). First-party

coverage of the driver of certificated vehicles must meet

the requirements of 75 Pa.C.S. § 1711 (relating to

required benefits).

(ii) For vehicles capable of transporting 16 to 28

passengers, the liability insurance shall be in an amount

not less than $1 million to cover liability for bodily

injury, death or property damage incurred in an accident

arising from authorized service. Except as to the

required amount of liability coverage, the coverage shall

meet the requirements of 75 Pa.C.S. Ch. 17.

20150HB1065PN1347 - 37 -

(iii) For vehicles capable of transporting more than

28 passengers, the liability insurance shall be in an

amount not less than $5 million to cover liability for

bodily injury, death or property damage incurred in an

accident arising from authorized service. Except as to

the required amount of liability coverage, the coverage

shall meet the requirements of 75 Pa.C.S. Ch. 17.

(3) Each taxi and limousine shall comply with the

registration requirements under 75 Pa.C.S. (relating to

vehicles).

(4) The operation of a leased vehicle shall not permit

an increase in the number of vehicles or in the seating

capacity of vehicles if limited by the terms of the

certificate.

(5) A vehicle must be owned or leased by the certificate

holder or owned by the driver under the same terms and

conditions of control as the certificate holder must exert

under this chapter. Operation and service shall be under the

direct regulatory control and supervision of the certificate

holder.

(6) The following shall apply to leases:

(i) A lease of a taxi or limousine must be in

writing, must specifically set forth the terms of the

lease, including obligations assumed, such as maintenance

and fuel, compensation and the duration of the lease, and

must be executed by the parties or the parties'

authorized agents or officers.

(ii) The original lease must be retained by the

certificate holder, at the certificate holder's principal

office, in whose service the equipment is to be operated.

20150HB1065PN1347 - 38 -

(iii) One copy of the lease must be retained by the

owner of the equipment.

(iv) A certificate holder must retain a lease for

two years following the lease's expiration date.

(v) Instead of a copy of the lease, a certificate or

rental form identifying the leased vehicle may be carried

in the leased vehicle certifying that the equipment is to

be operated exclusively in the service of the certificate

holder named as lessee. The certificate or rental form

must:

(A) Show the names and addresses of the owner

and lessee, the date of the lease, the location of

the original lease retained by the certificate holder

and the exact expiration date of the lease.

(B) Be certified as true and correct by the

certificate holder or an authorized representative.

(vi) Notwithstanding any provision of this section,

a motor carrier of passengers may not lease the motor

carrier's operating rights.

(7) The certificate holder must, before taking

possession of equipment, inspect the equipment or have the

equipment inspected by a person who is competent and

qualified to make an inspection on behalf of the certificate

holder to ensure that the equipment is in a safe condition to

be operated on public roads. The person making the inspection

must certify the results of the inspection. The certification

shall be retained by the certificate holder for at least one

year. If the inspection discloses that the equipment is not

in a safe condition to be operated on public roads,

possession of the equipment may not be taken by the

20150HB1065PN1347 - 39 -

certificate holder.

(8) If the Department of Transportation, at the request

of the owner, designates the lessee certificate holder as the

registrant of the vehicle and the name and address of the

lessee are substituted for the name and address of the

lessor, the commission shall approve the registration if the

certificate is in good standing, except that the approval

shall be effective only for the period during which the lease

remains in effect.

(9) If a removable device is used to identify the

operating carrier as lessee, the device must be made of

durable material and be securely affixed to the vehicle

operated throughout the duration of the lease. Upon returning

the vehicle to the lessor, the lessee certificate holder

operating the leased vehicle under this subsection shall

remove the removable device displayed on the vehicle.

(10) A taxi company may lease a vehicle to a driver for

operation in the service of the taxi company certificate

holder under the following conditions:

(i) The leased vehicle shall be operated under the

control and supervision of the certificate holder for

regulatory purposes.

(ii) (A) A driver of a vehicle in call or demand

service must keep a log sheet or manifest for each

shift the driver operates unless the vehicle is

equipped with a digital dispatch system, mobile data

transmitter or GPS dispatching system which records

and stores, either on the device itself or on a

computer or server located elsewhere, the following

information:

20150HB1065PN1347 - 40 -

(I) Date and driver name or identification

number.

(II) Time of call for service.

(III) Time of dispatch.

(IV) The times and places of origin and

destination of each trip, including the mileage

shown on the odometer on the meter at the origin

and destination.

(V) The amount of the base fare, excluding

tip or gratuity.

(B) If a certificated carrier has a system which

electronically stores the information under clause

(A), a paper log shall not be required. A

certificated carrier shall store and hold all paper

and electronic logs for a two-year period.

(11) A motor carrier of passengers must furnish and

maintain adequate, reasonably continuous service to the

public, without unreasonable interruptions or delay if the

carrier has sufficient equipment available, subject to the

following:

(i) A carrier may, during a period of unexpected

demand, provide service as soon as possible and may

provide notice to passengers that service is temporarily

suspended. If notice is provided to passengers that

service is temporarily suspended, the certificate holder

shall not be in violation of any law relating to service

or reasonable service.

(ii) A driver of a call or demand vehicle who

believes that his safety or well-being is, or may be, at

risk shall not be required to render service and shall

20150HB1065PN1347 - 41 -

not be fined or penalized for failing to provide service

under those circumstances.

(12) A taxi or limousine must transport a dog trained

for the purpose of guiding a blind or deaf person when the

dog is accompanying a blind or deaf person paying a regular

fare. A service dog must be properly leashed and may not

occupy a seat in the taxi or limousine.

(13) A taxi or limousine may not unreasonably

discriminate against a prospective passenger or unreasonably

refuse to provide service to a certain class of passengers or

certain localities.

§ 2408. Inspection and safe operation requirements.

This chapter shall apply to vehicles having a designed

seating capacity of 15 or fewer passengers, including the

driver, which are used by motor carriers of passengers to

transport taxi and limousine passengers. The following shall

apply:

(1) A certificate holder may not permit a vehicle having

a seating capacity of 15 or fewer passengers, including the

driver, to be operated unless it complies with the following

requirements:

(i) A vehicle must comply with applicable Department

of Transportation equipment inspection standards under 67

Pa. Code Ch. 175 (relating to vehicle equipment and

inspection) when the vehicle is being operated.

(ii) A vehicle must have door hinges and latches in

working order and doors must operate easily and close

securely.

(iii) Advertising on a vehicle shall comply with

section 2405(d) (relating to marking of taxis).

20150HB1065PN1347 - 42 -

Advertising may not cover the required marking of the

taxi as provided under section 2405(a).

(2) A certificate holder may not permit a vehicle having

a designed seating capacity of 15 or fewer passengers,

including the driver, to be operated to transport passengers

unless the certificate holder complies with the following

requirements:

(i) A vehicle that is equipped with folding,

temporary or removable seats must have hinges, latches,

brackets or other hardware associated with the seats in

working order.

(ii) A vehicle must be in clean and sanitary

condition.

(iii) A vehicle must have a factory-type heater,

capable of producing heat for the accommodation of

passengers. The heater must be in working order.

(iv) A trunk compartment must be clean and suitable

for carrying a passenger's luggage.

(v) A vehicle must have snow tires or all-weather

tires on the drive wheels between October 1 and April 1

of the following year.

(vi) A vehicle's exterior may not have a dent or

gouge larger than four inches in diameter or damage that

protrudes from the vehicle.

(vii) A vehicle must have four matching wheel covers

or the equivalent.

(viii) A vehicle must have operative air

conditioning.

(ix) A vehicle's seats must be secure and not be

damaged so as to allow springs or other cushioning or

20150HB1065PN1347 - 43 -

support devices to protrude through the seat.

(3) A certificate holder may not permit or require a

driver to operate a vehicle revealed by inspection or

operation not to comply with this section. If a vehicle being

operated on public roads is discovered not to comply with

this section, it may be continued in operation to the

certificate holder's nearest terminal, place of business or

other similar location where repairs can be effected safely.

The operation may be conducted only if less hazardous to the

public than permitting the vehicle to remain on public roads.

(4) A motor carrier of passengers shall ensure that

vehicles operated under a certificate or permit receive the

annual State inspection required by 75 Pa.C.S. Ch. 47

(relating to inspection of vehicles).

(5) An enforcement officer employed by the commission is

authorized to perform inspections of vehicles to determine

compliance with this chapter under sections 307 (relating to

inspectors for enforcement) and 506 (relating to inspection

of facilities and records). To perform the inspections,

commission enforcement officers may stop a vehicle in

operation. A commission enforcement officer may enter upon

the premises of the taxi or limousine company at a reasonable

time for the purpose of performing an inspection upon a

vehicle used in regulated operations. A motor carrier of

passengers may designate a vehicle as out of service on the

carrier's lot prior to an inspection. The commission may not

require a carrier to present vehicles for a group inspection

in a number that, in the carrier's sole opinion, would impact

the operation of the carrier's service. The following shall

apply to an inspection:

20150HB1065PN1347 - 44 -

(i) A form designated by the commission shall be

used to record findings from vehicles selected for

inspection.

(ii) A vehicle in operation that is found upon

inspection not to comply with this chapter or commission

regulations shall be declared out of service by an

enforcement officer employed by the commission and shall

be placed out of service utilizing the commission's out-

of-service sticker.

(iii) Except as provided under this subparagraph or

paragraph (3), a motor carrier of passengers may not

require or permit a person to operate nor may a person

operate a vehicle declared and placed out of service

until the repairs required by the commission have been

satisfactorily completed.

(iv) A person may not remove an out-of-service

sticker from a vehicle prior to completion of the repairs

required by the commission.

(v) The person completing the repairs required by

the out-of-service notice shall sign the certificate of

repairman in accordance with the terms prescribed by the

commission, entering the name of the person's shop or

garage and the date and time the required repairs were

completed. If the vehicle operator completes the required

repairs, the operator shall sign and complete the

certificate of repairman.

(vi) The motor carrier of passenger's disposition of

the form shall be as follows:

(A) The vehicle operator receiving the form

placing the vehicle out of service shall deliver the

20150HB1065PN1347 - 45 -

form to the certificated carrier at the certified

carrier's principal place of business.

(B) A violation or mechanical defect noted on a

form shall be corrected. To the extent that a vehicle

operator is shown not to be in compliance with this

chapter, appropriate corrective action shall be taken

by the certificated carrier.

of the form at its principal place of business for

one year from the date of inspection.

(D) When a violation or mechanical defect noted

on an inspection form has been corrected by the

certificated carrier, the vehicle shall be deemed

safe for operation and it may be put back into

service by the carrier with no further approval by

the commission.

(6) If a vehicle in operation is inspected and does not

comply with this section or if a motor vehicle being operated

in passenger transportation service does not comply with this

section, a complaint upon the motion of the commission or

other appropriate action may be instituted in accordance with

section 701 (relating to complaints) for the purpose of

levying a civil penalty as prescribed by section 3301

(relating to civil penalties for violations).

§ 2409. Method of operation of taxis.

Unless otherwise specifically provided in the certificate of

public convenience, a taxi operating a call or demand service

shall have the rights and be subject to the conditions as

follows:

(1) A taxi may transport a person on request, an

20150HB1065PN1347 - 46 -

exclusive basis or a nonexclusive basis.

(2) When offering nonexclusive call or demand service,

an owner or driver of a vehicle may not permit or cause the

vehicle to be operated on a fixed time schedule over a route

of a scheduled route carrier or a public transit system so as

to pass specific points in a regular manner or at regular

intervals for the purpose of picking up passengers unless the

route is not then in operation . The purpose of this paragraph

is to prohibit call or demand operations from interfering

with scheduled route service.

(3) Whenever a taxi is occupied by a fare-paying

passenger or by a member of a party of fare-paying passengers

who engaged the vehicle on an exclusive basis, the driver of

the vehicle may not permit another person to occupy or ride

in the vehicle without the consent of the party then

occupying the vehicle.

(4) When engaged in service on an exclusive basis, a

taxi may transport a person:

(i) In the area authorized by the certificate.

(ii) From a point in the area authorized by the

certificate to a point in this Commonwealth.

(iii) From a point in this Commonwealth to a point

in the area authorized by the certificate, provided the

request for the transportation is received in the area

authorized by the certificate.

(5) When engaged in service on a nonexclusive basis, a

taxi may transport a person as follows:

(i) In the area authorized by the certificate.

(ii) From the area authorized by the certificate to

a point in this Commonwealth within five air miles from

20150HB1065PN1347 - 47 -

the boundary of the area authorized by the certificate.

(iii) From a point within the five-mile region

referred to in subparagraph (ii) to a point within the

area authorized by the certificate, provided that the

request for the transportation is received in the area

authorized by the certificate.

(6) Taxi service between points outside a motor carrier

of passenger's authorized service territory may not be

validated by the subterfuge of routing the vehicle through

authorized service territory. A vehicle operator may not

attempt to evade a restriction attached to the vehicle

operator's operating rights by encouraging or causing a

passenger to make a theoretical or actual fare-paying break

in a trip by routing it through authorized territory.

(7) At minimum, a taxi company shall offer exclusive

service unless the taxi company's certificate provides

otherwise.

§ 2410. Requirements for taxi drivers.

A taxi driver shall comply with the following service

standards:

(1) When on duty and not engaged, furnish trip service

on demand to an orderly person for lawful purposes, unless

the driver's personal safety is at issue.

(2) A taxi driver shall comply with the act of June 13,

2008 (P.L.182, No.27), known as the Clean Indoor Air Act, and

may not smoke or permit smoking in the taxi.

(3) Transport passengers to their destinations by the

shortest practical route, unless directed by a passenger to

take a different route.

(4) A charge may not be made by a certificate holder or

20150HB1065PN1347 - 48 -

driver for hand baggage or hand luggage carried by a fare-

paying passenger.

(5) The driver may carry a package or parcel when the

merchandise is accompanied by a passenger but shall refuse to

carry a package or parcel when the contents cause the vehicle

to become stained or foul smelling. Unless the rights are

specifically included in a certificate held by the carrier,

this paragraph may not be interpreted to permit the hiring of

a vehicle for expressage purposes only.

(6) If requested, deliver to the person paying for the

service a correct receipt at the time of payment. The name of

the motor carrier of passengers, a method of identifying the

vehicle and the vehicle's driver, items for which a charge is

made, the total amount paid and the date of payment shall be

legibly printed or written upon the receipt. A certificate

holder shall supply each of its drivers with blank receipts

assembled in book form.

(7) Prior to driving a taxi before a shift, a taxi

driver shall perform a vehicle inspection to confirm that the

taxi complies with this chapter. The inspection must include

the following:

(i) At least one full walk around the taxi to assure

the exterior of the vehicle is in compliance with this

chapter, including the following:

(A) The exterior of the taxi is not damaged, a

sharp edge is not present and a part of the vehicle

has not been removed . The inspection shall include

ensuring the hood and doors of the taxi are present

and in their proper location.

(B) The appropriate name, colors and markings

20150HB1065PN1347 - 49 -

are affixed to the taxi.

treads are not worn below State inspection

requirements.

(ii) The opening and closing of the doors, hood and

trunk to assure proper functionality and the absence of a

sharp edge that may injure a passenger or damage

clothing, luggage or other property.

(iii) An inspection of the interior of the taxi to

make certain that the vehicle is clean and otherwise in

compliance with this chapter.

(iv) Operation of the heater and air conditioner to

confirm the taxi's ability to maintain the appropriate

air temperature.

(v) An inspection of the taxi meter to assure it has

been approved for use by the commission and is in proper

working order at all times.

(8) A taxi driver is responsible for providing clean,

safe and courteous taxi service, including the following:

(i) Presenting a neat and clean appearance while

providing taxi service.

(ii) Dressing in clean clothing that will be

composed of a shirt with collar, ankle-length trousers,

slacks or a dress, a skirt, if gender appropriate, socks

or stockings and shoes or clean sneakers. Shorts, bathing

trunks or bathing suits, undershirts, "muscle shirts" or

tank tops are prohibited unless concealed as

undergarments beneath the attire described in this

subparagraph.

(iii) Bare feet or wearing open-toed shoes or

20150HB1065PN1347 - 50 -

sandals is prohibited while operating a taxi.

(iv) Ceasing operation of a vehicle known by the

driver to be in an unsafe condition.

(v) Being courteous toward passengers, the public,

law enforcement officials and representatives of the

authority. A driver may not use obscene, vulgar or

offensive language while providing taxi service.

(vi) Maintaining the volume of a radio at a low

level and upon the request of a passenger, lowering the

volume or switching off any music or electronic noise

such as a radio, except that the taxi's dispatch system

must remain on and at a reasonable volume at all times.

(vii) Ceasing use of a mobile telephone and removal

of ear phones or Bluetooth devices from ears when a

passenger is in the vehicle.

(viii) Making certain the temperature of the taxi is

between 60 and 78 degrees Fahrenheit.

(ix) Assisting the elderly or persons with

disabilities in entering and exiting the taxi.

(x) Maintaining cash capable of providing change for

a $20 bill.

(xi) Immediately report possessions of a passenger

left behind in a taxi after service.

(9) A taxi driver may not charge a fare other than a

fare approved by the commission.

(10) A taxi driver may not:

(i) Request the payment of a gratuity by a

passenger.

(ii) Insist upon or express a preference for fare

payment method.

20150HB1065PN1347 - 51 -

(iii) Ask a potential customer for fare payment

method information in advance of providing taxi service.

(iv) Refuse payment by credit card, debit card or

other cashless payment option identified as an acceptable

form of payment by the commission.

(11) A taxi driver is responsible for maintaining a copy

of the lease agreement, employment contract or a document

referring to the agreement or lease and employee

identification card in the taxi at all times.

(12) A taxi driver shall continually provide taxi

service in a manner consistent with 75 Pa.C.S. (relating to

vehicles).

§ 2411. Taxi vehicle requirements.

The following shall apply:

(1) Taxi service may be operated only in a vehicle with

a seating capacity of eight or fewer passengers, excluding

the driver.

(2) A meter must conform with the following

requirements:

(i) A call or demand vehicle operated within this

Commonwealth must be equipped with a meter. A device

constituting a meter shall include, but not be limited

to:

(A) a standard or traditional meter;

(B) a mobile data transmitter unit;

tablet or computer; or

(D) another accurate technology to track

distance and fare that meets with commission approval

and reliably demonstrates the correct fare according

20150HB1065PN1347 - 52 -

to the authorized carrier's tariff.

(ii) The meter shall be located or kept in a place

so that at all times it is plainly visible to the

passengers of the vehicle and the fare is readily

ascertainable by the occupants of the vehicle.

(3) A mechanical meter and meter-driving equipment must

be sealed so that the meter case, meter driving equipment or

additional gear boxes, if any, cannot be disconnected without

breaking a seal, if the meter equipment provides for the

sealing.

(4) It is the responsibility of the certificate holder

to cause the meters to be regulated in a manner where the

fare is calculated and registered in accordance with section

2412 (relating to rates and forms of compensation).

(5) The meter must be in operation when the vehicle is

engaged by a passenger, and the passenger shall be required

to pay only the amount recorded by the meter, except when

back-mileage charge provisions or surcharge provisions of the

tariff of the carrier apply. If applicable, the back-mileage

charge or surcharge shall be added to the amount recorded by

the meter. A meter charge shall be collected only once

regardless of whether the vehicle is being used in exclusive

service or in nonexclusive service.

(6) Between December 1 and December 31 of each year, a

motor carrier of passengers shall provide the commission with

a current list of vehicles being used as taxis. The list must

contain the year, make, model, vehicle identification number

and registration number for each vehicle. The list shall be

provided to the commission by first class mail or another

delivery method authorized by the commission.

20150HB1065PN1347 - 53 -

(7) A taxi may not be operated in call or demand service

which is more than 10 model years old or which has exceeded

350,000 miles unless a taxi company can, upon the filing of

an emergency petition with the commission, demonstrate that

the taxi age and mileage restrictions would:

(i) result in the immediate disruption of public

transportation services;

(ii) impose harm to consumers; and

(iii) create an anticompetitive transportation

service marketplace.

(8) The commission shall grant an emergency petition if

a taxi company demonstrates that one-third of the taxi

company's fleet would be immediately ineligible for operation

due to age and mileage requirements. Upon granting an

emergency petition, the commission shall provide the

petitioning taxi company a phase-in period, not to exceed 24

months, to retire taxis exceeding 10 model years or 350,000

miles.

(9) The vehicle age and mileage restrictions under

paragraph (7) shall not apply to any of the following:

(i) An electric vehicle or hybrid electric vehicle

as defined under 75 Pa.C.S. § 102 (relating to

definitions).

(ii) A v ehicle utilizing alternative fuels as

defined under 75 Pa.C.S. § 9002 (relating to

definitions).

(iii) A wheelchair-accessible vehicle.

(10) A taxi may have a dome light affixed to the roof of

the vehicle. The dome light shall be visible from a distance

of 100 feet from the front and rear of the vehicle. The dome

20150HB1065PN1347 - 54 -

light shall be illuminated only when a customer does not

occupy the vehicle.

(11) A passenger traveling in a taxi with a child under

eight years of age shall supply and install child restraint

systems in accordance with 75 Pa.C.S. § 4581 (relating to

restraint systems).

(12) To provide passengers with the necessary

information to file a complaint, a taxi must display a

commission-issued complaint decal that lists the telephone

number and Internet website to be used to lodge a complaint.

The decal shall be posted on the inside of the right rear

window of the vehicle, along the bottom edge. The commission

shall provide an adequate number of stickers annually to the

motor carrier of passengers. A motor carrier of passengers

shall not be in default of this section due to a failure of

the commission to provide stickers.

§ 2412. Rates and forms of compensation.

(a) Alternative forms of compensation.--A plan of a

certificate holder for an alternative form of compensation for

call or demand drivers, as permitted by section 2407 (relating

to operation of leased taxi and limousine equipment), must

conform with the following conditions:

(1) The certificate holder shall own the vehicles or

lease them from an owner or operator under equipment leasing

procedures authorized by this chapter.

(2) The certificate holder shall be responsible for

providing and maintaining insurance.

(3) The certificate holder shall comply with sections

2410 (relating to requirements for taxi drivers) and 2411

(relating to taxi vehicle requirements).

20150HB1065PN1347 - 55 -

(4) The certificate holder shall require a stated

payment from drivers for use of the vehicles and shall permit

drivers to keep the revenues and gratuities in excess of this

stated payment.

(5) For a certificate holder utilizing radio or other

electronic dispatching, the vehicle operated by the

certificate holder shall be dispatched. A certificate holder

shall ensure that a driver answers dispatched orders promptly

and that disciplinary procedures exist for drivers who fail

to answer dispatches.

(6) The certificate holder shall be responsible for

daily regulatory supervision of drivers, including owners or

operators, and establishing disciplinary procedures for

drivers who fail to comply with applicable laws, including

this title.

(b) Deficient filings.--Certificate holders whose plans for

alternative forms of driver compensation do not conform with the

conditions under subsection (a) shall submit plans to the

commission for review 30 days in advance of a proposed starting

date. Review will include, but will not necessarily be limited

to, the factors enumerated under subsection (a).

drivers, whether authorized by this section or by order of the

commission, the certificate holder and driver shall comply with

sections 2410 and 2411.

(d) Rates.--

(1) Each call or demand motor carrier of passengers

shall charge only the rates contained in its commission-

approved tariffs. Rates may be charged as follows:

(i) The amount as calculated and registered on the

20150HB1065PN1347 - 56 -

meter or other authorized device.

(ii) If authorized by the tariff, a fixed amount for

the trip or the amount shown to be due on the meter plus

a surcharge.

(iii) If authorized by the tariff, a charge

tabulated according to the zones entered in the course of

the trip.

(2) Each certificate holder with fares based on a meter

or flat rate shall post the rates of fare in a conspicuous

place in each of the certificate holder's taxis. If the

certificate holder's tariff is large or complex, the

certificate holder may refer the passenger to an Internet

website posting for the passenger's review.

(3) If a customer requests taxi service from a

certificate holder who offers service under tariffs

authorizing both exclusive and nonexclusive services, the

dispatcher shall:

(i) If requested by the customer, quote to the

customer the estimated fare for the trip of the customer

as priced under both of the two alternative services,

considering the number of people in the traveling group

of the customer.

(ii) Explain to the customer, if necessary, the

difference in these two types of service.

(4) Nothing in this subsection shall be construed to

require the filing or approval of tariffs by a certificate

holder for charges calculated by a digital platform, which

may increase or decrease in real time for the purpose of

balancing supply and demand, except that the method pursuant

to which the charges will be calculated must be contained in

20150HB1065PN1347 - 57 -

a carrier's tariff.

(e) Accounting requirements for alternative forms of

compensation for drivers.--

(1) A certificate holder must ensure that appropriate

information from the log sheets or electronic storage is

properly and correctly recorded.

(2) The requirements of subsection (a) shall apply if

the fare is based on zones entered in the course of the trip

or on flat rates.

(3) A copy of each receipt relative to operating

expenses incurred to keep the vehicle in operating condition

shall be given to the certificate holder by a driver. The

certificate holder must ensure that reported expenses are

properly and correctly recorded in the accounting records

required by commission regulations.

§ 2413. Operation of limousines.

(a) Common carrier.--Unless otherwise specifically provided

in the certificate of public convenience, the following shall

apply to a common carrier operating limousine service:

(1) A common carrier shall have the right to transport a

person on an exclusive basis between points as authorized by

the certificate, if the service is arranged in advance either

by a call or an Internet-based electronic platform. Limousine

service shall not be provided by street hail. A verbal order

for service made by a hotel doorman or employee at a

restaurant and other similar venue, or by others arranging

for limousine service in person, shall be deemed a violation

of this section. A person may not arrange for limousine

service unless the person holds a brokerage license from the

commission as required under section 2505 (relating to

20150HB1065PN1347 - 58 -

licenses and financial responsibility required of brokers).

(2) A motor carrier of passengers shall have the right

to charge for service based upon use of a limousine with

payment made by a single person or organization or by

passengers as individuals.

(3) Direct, in-person solicitation of a passenger by the

driver or a representative of the driver or carrier shall be

prohibited.

(b) Vehicle and equipment requirements.--

(1) Limousine service may be operated only in a luxury-

type vehicle with seating capacities of 12 or fewer

passengers, excluding the driver.

(2) A luxury-type vehicle must:

(i) Be a vehicle manufactured or subsequently

modified so that the vehicle has physical configurations

and accessory features that are not considered as being

ordinary, standard or commonplace in low-to-moderately

priced vehicles.

(ii) Be intended to afford a patron a higher level

of service and comfort than is ordinarily available in

call or demand, paratransit and airport transfer

services.

(iii) Have, at a minimum, air conditioning, AM/FM

stereo radio, deluxe leather or deluxe fabric upholstery,

deluxe wheels or wheel covers, four doors and a wheelbase

of at least 109 inches.

each year, a certificate holder shall provide the commission

with a current list of all vehicles utilized pursuant to the

certificate holder's limousine authority. The list must contain

20150HB1065PN1347 - 59 -

the year, make, vehicle identification number and registration

number for each vehicle. The list shall be provided to the

commission by first class mail or another delivery method

authorized by the commission.

(d) Vehicle age.--Unless otherwise permitted by the

commission, a vehicle may not be operated in limousine service

which is more than 10 model years old or which has exceeded

350,000 miles. The commission may grant exceptions for classic

limousines.

(e) Tariff requirements.--Limousine rates must be based

solely on time or distance or both and must be contained in a

tariff filed, posted and published under Chapter 13 (relating to

rates and distribution systems). The use of meters shall be

prohibited.

(f) Trip sheet requirements.--A driver of a luxury-type

vehicle engaged in providing limousine service shall have a trip

sheet or electronic device in the vehicle evidencing that the

vehicle is in service. The trip sheet or electronic device must

contain the following information:

(1) The date of service.

(2) The name and certificate number of the motor carrier

of passengers.

(3) The name of the engaging person or organization.

(4) The service being provided and corresponding rate

charged.

(5) The origin and intended destination, if known.

(6) The starting time and length of time for which the

vehicle has been reserved, if known.

(g) Trip conclusion.--At the conclusion of a trip, the

driver shall record the ending time on the trip sheet or

20150HB1065PN1347 - 60 -

electronic device. The trip sheet or electronic device shall be

retained by the certificate holder for a minimum of one year.

Copies of the documents may be required to be submitted in

support of the certificate holder's proposed tariff rate

increases in addition to other documentation.

(h) Consumer information.--To provide each passenger with

the necessary information to file a complaint, a limousine

carrier must post a commission-issued complaint decal in a

conspicuous location inside the vehicle which lists the

telephone number and Internet website to be used to lodge a

complaint or provide notice in a form and manner required by

commission regulations, on the receipt for service or service

contract.

§ 2414. Regulations.

The commission shall make orders or regulations as necessary

to implement and enforce this chapter, but only insofar as they

are consistent with the specific provisions of this chapter.

§ 2415. Assessments.

Costs incurred by the commission to implement and enforce

this chapter shall be included in the commission's proposed

budget and shall be assessed upon a taxi and limousine company

in accordance with section 510(a) (relating to assessment for

regulatory expenses upon public utilities). The commission shall

provide carriers with a true and correct accounting of

commission activities upon request.

CHAPTER 24A

TAXI TRANSPORTATION NETWORK SERVICE

Sec.

24A01. Definitions.

24A02. Applicability of chapter.

20150HB1065PN1347 - 61 -

24A03. Insurance.

24A04. Requirements for taxi transportation network companies.

24A05. Requirements for taxi transportation network company

drivers.

24A06. Vehicle requirements.

24A07. Rates and forms of compensation.

24A08. Prohibition of additional assessments.

§ 24A01. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Call or demand service." As defined in section 2401

(relating to definitions).

"Digital network." An online-enabled application, software,

website or system offered or utilized by a taxi transportation

network company that enables the prearrangement of rides for

passengers with taxi transportation network company drivers.

"Lease agreement." A legally binding short-term contract

between a TTNC and a TTNC driver providing for the provision of

taxi transportation network service through the use of a TTNC

driver's personal vehicle.

"Motor carrier of passengers." As defined in section 2401

(relating to definitions).

"Personal vehicle." A vehicle, registered in this

Commonwealth, that is insured and operated by the vehicle's

owner or a person authorized by the owner to operate the

vehicle.

"Providing taxi transportation network service." The time

beginning when a TTNC driver logs on to a TTNC's digital network

and is available to receive requests for taxi transportation

20150HB1065PN1347 - 62 -

network service and ending when a TTNC driver logs off a TTNC's

digital network. For purposes of this definition, "available to

receive requests for taxi transportation network service"

includes the time period when the TTNC driver is waiting for a

request for transportation or is waiting to pick up a passenger

and from the time a passenger is picked up until the passenger

safely exits the vehicle.

"Taxi transportation network company" or "TTNC." A company

that:

(1) holds a valid certificate of public convenience as a

motor common carrier of passengers; and

(2) is authorized by the commission to provide call or

demand service.

"Taxi transportation network company driver" or "TTNC

driver." An individual who:

(1) contracts with a TTNC to use a personal vehicle to

transport passengers; or

(2) leases a personal vehicle to a TTNC to transport

passengers.

"Taxi transportation network service." A service which meets

all of the following:

(1) Matches a passenger and TTNC driver through a

digital network in advance, or an advanced reservation

dispatched by a call.

(2) Is characterized by a TTNC offering transportation

to a passenger in a TTNC driver's personal vehicle.

(3) Permits a holder of a valid certificate of public

convenience as a motor carrier of passengers authorized by

the commission to provide call or demand service to dispatch,

with passenger consent, or for a passenger to request the

20150HB1065PN1347 - 63 -

dispatch, of a vehicle through the use of a digital network

or telephone call.

§ 24A02. Applicability of chapter.

This chapter shall not apply to transportation services

within a city of the first class.

§ 24A03. Insurance.

(a) General rule.--A holder of a certificate of public

convenience that applies to the commission to provide taxi

transportation network service shall meet the requirements of

this section and section 512(a) (relating to power of commission

to require insurance).

(b) TTNC insurance coverage requirements.--

(1) The liability insurance maintained by a TTNC on each

TTNC driver's personal vehicle shall be in an amount not less

than $35,000 to cover liability for bodily injury, death or

property damage incurred in an accident arising from taxi

transportation network service.

(2) The minimum coverage may be provided as split

coverage in the amounts of $15,000 bodily injury per person,

$30,000 bodily injury per accident and $5,000 property damage

per accident.

(3) The coverage shall include first-party medical

benefits in the amount of $25,000 and first-party wage loss

benefits in the amount of $10,000 for passengers and

pedestrians.

(4) Except as to the required amount of coverage, these

benefits shall conform to 75 Pa.C.S. Ch. 17 (relating to

financial responsibility). First-party coverage of the driver

of certificated vehicles shall meet the requirements under 75

Pa.C.S. § 1711 (relating to required benefits).

20150HB1065PN1347 - 64 -

subsection (b) may be met by one of the following:

(1) A TTNC maintaining such insurance on its own.

(2) With any combination of a policy maintained by a

TTNC and a policy maintained by a TTNC driver that is

specifically written for the purpose of providing taxi

transportation network service. A TTNC shall assume financial

responsibility for that portion of any damages not covered

under a policy maintained by a TTNC driver where a person is

legally entitled to recover such damages for an injury

arising out of the maintenance or use of a vehicle while

providing taxi transportation network service.

(d) Duty of a TTNC.--It shall be the sole and exclusive

responsibility of a TTNC to ensure that the coverage required

under subsection (b) is in force prior to permitting a TTNC

driver to provide taxi transportation network service. Each

policy maintained pursuant to subsection (b) shall:

(1) Provide primary liability coverage for incidents

involving a TTNC driver while providing taxi transportation

network service.

(2) Include a duty of the insurer to defend against

claims made against a TTNC driver.

(e) Waiver of liability prohibited.--

(1) A TTNC or TTNC driver may not request or require a

passenger to sign a waiver of potential liability for losses

of personal property or injury.

(2) A TTNC may not request or require a TTNC driver to

sign a waiver of potential liability for losses of personal

property or injury as a condition of entering into a lease

agreement.

20150HB1065PN1347 - 65 -

§ 24A04. Requirements for taxi transportation network

companies.

(a) Authority required.--An individual or corporation shall

not engage in the business of a TTNC in this Commonwealth unless

the individual or corporation holds a certificate of public

convenience as a motor carrier of passengers issued by the

commission.

(b) Application.--

(1) A notice of an application for a TTNC to provide

taxi transportation network service must:

(i) be made to the commission in writing;

(ii) be verified by oath or affirmation; and

(iii) be in such form and contain such information

as the commission may, by its regulations, require.

(2) Approval is contingent upon verification that a

TTNC:

(i) maintains a valid certificate of public

convenience as a motor common carrier of passengers;

(ii) meets all of the requirements under subsection

(c); and

(iii) is fit, willing and able to conform to the

provisions of this title and the lawful orders and

regulations of the commission promulgated and issued

under the authority of this title.

(3) An application shall be deemed approved by the

commission within 30 days of submission if the commission

fails to identify deficiencies in the application.

provide transportation network service shall do all of the

following as a condition of maintenance of a certificate of

20150HB1065PN1347 - 66 -

public convenience:

(1) Maintain accurate records including the make, model

and license number of personal vehicles used by TTNC drivers

to provide taxi transportation network service.

(2) Maintain accurate records of all TTNC drivers

providing services arranged through the TTNC. The commission

shall determine, by regulation or order, the appropriate time

period for which the TTNC shall retain the records of the

TTNC drivers.

(3) Implement a zero-tolerance policy on the use of

drugs and alcohol while a TTNC driver is providing taxi

transportation network service. Any TTNC driver who is the

subject of a passenger complaint alleging a violation of the

zero-tolerance policy shall be immediately suspended. The

suspension shall last until such time as the complaint

investigation is completed. The following shall be provided

on a TTNC's Internet website:

(i) Notice of the zero-tolerance policy.

(ii) The procedures a passenger may use to report a

complaint about a TTNC driver whom a passenger reasonably

suspects was under the influence of drugs or alcohol

during the course of the transportation.

(d) Conditions for approval.--Prior to permitting any

individual to provide taxi transportation network service, a

TTNC shall comply with the following:

(1) Establish a driver training program, which is filed

with the commission, designed to ensure that each TTNC driver

safely operates the driver's vehicle while transporting

passengers, which includes, but is not limited to, the

following:

20150HB1065PN1347 - 67 -

(i) a defensive driving course affiliated through

the National Safety Council Driver Safety Training or

equivalent;

(ii) an insurance coverage course; and

(iii) a course on the prohibition of personal

vehicles at airport taxi stands.

(2) Obtain and review criminal history record

information for each TTNC driver. The criminal history record

information shall be a national, State and local criminal

background check, including the National Sex Offender

Registry. The following individuals may not be a TTNC driver:

(i) Any individual who has been convicted within the

last seven years of driving under the influence of drugs

or alcohol.

(ii) Any individual who has been convicted for

fraud, a sexual offense, use of a motor vehicle to commit

a felony, a crime involving property damage or theft,

acts of violence or acts of terrorism.

(3) Obtain and review the driving record for each TTNC

driver. Any individual convicted of any of the following

within the three years immediately preceding the request date

of the driving record may not be a TTNC driver:

(i) More than three moving violations.

(ii) A major violation, including attempting to

evade a police officer, reckless driving or driving with

a suspended license.

(4) Maintain insurance as required under section 512

(relating to power of commission to require insurance) and

this chapter as evidenced by the filing of a Form E with the

commission. As used in this paragraph, "Form E" shall mean

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the standard form filed by a TTNC's insurer evidencing the

existence of a current and valid insurance policy or surety

bond in the name of the insured and for lines of coverage and

with limits required by statute or commission regulations.

(5) Establish and maintain a digital network that

identifies the driver, including a photograph, and the make,

model and license number of a vehicle used to provide taxi

transportation network service.

(6) Establish and maintain an Internet website that

provides:

(i) A customer service telephone number and e-mail

address or online form.

(ii) The commission's Internet website address.

(iii) The commission's complaint hotline telephone

number.

(iv) Information explaining how to file an insurance

claim arising from an accident occurring during the

provision of taxi transportation network service.

(e) Discrimination prohibited.--A TTNC shall not

unreasonably discriminate against any prospective passenger or

unreasonably refuse to provide service to a certain class of

passengers or certain localities.

(f) Inspection authority.--The commission may inspect the

records of a TTNC to investigate compliance with the

requirements of this chapter and any order or regulation of the

commission.

(g) Service prohibitions.--A TTNC may not:

(1) Operate or do business in a city of the first class.

(2) Pick up a passenger from an airport located in a

city of the first or second class.

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§ 24A05. Requirements for taxi transportation network company

drivers.

(a) Licensing.--A separate license shall not be required for

a TTNC driver to provide transportation network service for a

TTNC. Except as otherwise specifically provided, a TTNC driver

shall not be subject to 53 Pa.C.S. (relating to municipalities

generally).

(b) Service requirements.--Each TTNC driver shall:

(1) Satisfy the requirements for a criminal history

record information and driving record search as provided

under section 2603(d) (relating to service standards and

requirements for transportation network companies).

(2) Possess a valid driver's license, proof of motor

vehicle insurance and be at least 21 years of age.

(3) In the case of an accident, provide:

(i) Proof of the TTNC driver's personal motor

vehicle insurance.

(ii) Proof of the TTNC's commercial vehicle

liability insurance. A TTNC driver shall have 24 hours

following an accident to provide proof of a TTNC's

commercial vehicle liability insurance.

transportation service as provided by this chapter and shall not

solicit or accept street hails requesting transportation.

Nothing shall prohibit the dispatch of a vehicle by a holder of

a certificate of public convenience as a motor carrier of

passengers from fulfilling a taxi transportation network service

request or dispatching a TTNC driver in a personal vehicle to

provide requested call or demand service.

(d) Discrimination prohibited.--A TTNC driver shall not

20150HB1065PN1347 - 70 -

unreasonably discriminate against any prospective passenger or

unreasonably refuse to provide service to a certain class of

passengers or certain localities.

(e) Service prohibitions.--A TTNC driver may not:

(1) Operate or do business in a city of the first class.

(2) Pick up a passenger from an airport located in a

city of the first or second class.

§ 24A06. Vehicle requirements.

(a) Types.--Vehicles used by TTNC drivers to provide taxi

transportation network service may be coupes, sedans and other

light-duty vehicles, including vans, minivans, sport utility

vehicles, hatchbacks, convertibles and pickup trucks that are

equipped and licensed for operation on public roads.

(b) Certificate of inspection.--Vehicles used by TTNC

drivers to provide taxi transportation network service shall be

inspected annually by an inspection station approved by the

Department of Transportation pursuant to 67 Pa. Code Ch. 175

(relating to vehicle equipment and inspection). A valid

certificate of inspection shall be maintained in all vehicles.

conduct a safety inspection of every TTNC driver's personal

vehicle. The safety inspection shall be conducted by a mechanic

certified to conduct State inspections at a location that meets

or exceeds State inspection standards before the vehicle is used

to provide transportation network services. These inspections

shall be conducted biannually thereafter and shall be in

addition to any previously undertaken State inspection.

(d) Age.--Vehicles used by TTNC drivers to provide taxi

transportation network service may be no more than 10 model

years old and may not exceed 350,000 miles.

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(e) Commission inspection.--The commission may inspect a

TTNC driver's personal vehicle to ensure compliance with this

section.

§ 24A07. Rates and forms of compensation.

(a) Disclosure.--The TTNC shall disclose the following

before booking the transportation:

(1) the method of calculation;

(2) the applicable rates being charged; and

(3) the option for a prospective passenger to receive an

estimated fare.

(b) Rates.--

(1) The amount of a fare received as compensation for

taxi transportation network service shall not be subject to

commission review or approval.

(2) Rates shall be calculated on the basis of the

distance and time between the point of origination and the

destination and include a minimum base fare. Flat fees may be

charged for trips to specific destinations. Rates may

increase or decrease in real time for the purpose of

balancing supply and demand. Cancellation fees and cleaning

fees may be applied as necessary, with advance written notice

to the customer.

(3) In no event shall a TTNC charge fares that exceed

the limitations as prescribed by the act of October 31, 2006

(P.L.1210, No.133), known as the Price Gouging Act, during a

natural disaster or state of emergency that is declared by

State or local government. For any natural disaster or

emergency that does not result in the declaration of State or

local emergency, the increase in fare shall be established on

the basis of fares charged over the preceding 60 days.

20150HB1065PN1347 - 72 -

pursuant to this chapter, a TTNC shall provide a written or

electronic receipt of the total amount paid by a passenger.

§ 24A08. Prohibition of additional assessments.

The commission may not assess any additional assessments

under section 510(a) (relating to assessment for regulatory

expenses upon public utilities) against a holder of a

certificate of public convenience as a motor carrier of

passengers for receiving approval to expand its service

offerings to include taxi transportation network service.

Section 11. Section 2501(b) of Title 66 is amended to read:

§ 2501. Declaration of policy and definitions.

* * *

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

in this part shall have, unless the context clearly indicates

otherwise, the meanings given to them in this subsection:

"Broker." Any person or corporation not included in the term

"motor carrier" and not a bona fide employee or agent of any

such carrier, or group of such carriers, who or which, as

principal or agent, sells or offers for sale any transportation

by a motor carrier, or the furnishing, providing, or procuring

of facilities therefor, or negotiates for, or holds out by

solicitation, advertisement, or otherwise, as one who sells,

provides, furnishes, contracts, or arranges for such

transportation, or the furnishing, providing, or procuring of

facilities therefor, other than as a motor carrier directly or

jointly, or by arrangement with another motor carrier, and who

does not assume custody as a carrier. The term does not include

any of the following:

(1) A transportation network company.

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(2) A transportation network company driver.

(3) A taxi transportation network company as defined in

section 24A01 (relating to definitions).

(4) A taxi transportation network company driver as

defined in section 24A01.

"Contract carrier by motor vehicle."

(1) The term "contract carrier by motor vehicle"

includes any person or corporation who or which provides or

furnishes transportation of passengers or property, or both,

or any class of passengers or property, between points within

this Commonwealth by motor vehicle for compensation, whether

or not the owner or operator of such motor vehicle, or who or

which provides or furnishes, with or without drivers, any

motor vehicle for such transportation, or for use in such

transportation, other than as a common carrier by motor

vehicle.

(2) The term "contract carrier by motor vehicle" does

not include:

(i) A lessor under a lease given on a bona fide sale

of a motor vehicle where the lessor retains or assumes no

responsibility for maintenance, supervision or control of

the motor vehicle so sold.

(ii) Any bona fide agricultural cooperative

association transporting property exclusively for the

members of such association on a nonprofit basis, or any

independent contractor hauling exclusively for such

association.

(iii) Any owner or operator of a farm transporting

agricultural products from or farm supplies to such farm,

or any independent contractor hauling agricultural

20150HB1065PN1347 - 74 -

products or farm supplies, exclusively, for one or more

owners or operators of farms.

(iv) Transportation of school children for school

purposes or to and from school-related activities whether

as participants or spectators, with their chaperones, or

between their homes and Sunday school in any motor

vehicle owned by the school district, private school or

parochial school, or the transportation of school

children between their homes and school or to and from

school-related activities whether as participants or

spectators, with their chaperones, if the person

performing the school-related transportation has a

contract for the transportation of school children

between their homes and school, with the private or

parochial school, with the school district or jointure in

which the school is located, or with a school district

that is a member of a jointure in which the school is

located if the jointure has no contracts with other

persons for the transportation of students between their

homes and school, and if the person maintains a copy of

all contracts in the vehicle at all times, or children

between their homes and Sunday school in any motor

vehicle operated under contract with the school district,

private school or parochial school. Each school district

shall adopt regulations regarding the number of

chaperones to accompany students in connection with

school-related activities.

(v) Any person or corporation who or which uses, or

furnishes for use, dump trucks for the transportation of

ashes, rubbish, excavated or road construction materials.

20150HB1065PN1347 - 75 -

(vi) Transportation of voting machines to and from

polling places by any person or corporation for or on

behalf of any political subdivision of this Commonwealth

for use in any primary, general or special election.

(vii) Transportation of pulpwood, chemical wood, saw

logs or veneer logs from woodlots.

(viii) Transportation by towing of wrecked or

disabled motor vehicles.

(ix) Any person or corporation who or which

furnishes transportation for any injured, ill or dead

person.

(x) A transportation network company or

transportation network company driver.

(xi) A taxi transportation network company as

defined in section 24A01 (relating to definitions).

(xii) A taxi transportation network company driver

as defined in section 24A01.

Section 12. Title 66 is amended by adding a chapter to read:

CHAPTER 26

TRANSPORTATION NETWORK SERVICES

Sec.

2601. Definitions.

2602. Exclusions and applicability of chapter.

2603. Service standards and requirements for transportation

network companies.

2604. Requirements for transportation network company drivers.

2605. Transportation network company vehicle requirements.

2606. Rates and forms of compensation.

2607. Insurance.

2608. Personal auto insurance.

20150HB1065PN1347 - 76 -

2609. Required disclosures.

2610. Regulations.

2611. Enforcement.

2612. Assessments.

§ 2601. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Digital network." An online-enabled application, software,

website or system offered or utilized by a transportation

network company that enables the prearrangement of rides for

passengers with transportation network company drivers.

"License." Proof of the commission's approval, authorizing a

transportation network company to provide transportation network

service in accordance with this chapter. The term does not

include a certificate of public convenience under Chapter 11

(relating to certificates of public convenience).

"Personal vehicle." A vehicle, registered in this

Commonwealth, that is insured and operated by the vehicle's

owner or a person authorized by the owner to operate the

vehicle.

"Providing transportation network services." The time period

beginning when a transportation network company driver logs on

to a transportation network company's digital network and is

available to receive requests for transportation network service

and ending when a transportation network company driver logs off

of a transportation network company's digital network. For

purposes of this definition, "available to receive requests for

transportation network service" includes the time period where

the transportation network company driver is waiting for a

20150HB1065PN1347 - 77 -

request for transportation or is waiting to pick up a passenger

and from the time a passenger is picked up until the passenger

safely exits the vehicle.

"Surge pricing." A pricing methodology used by a

transportation network company whereby the offered price of

transportation network service increases during periods of high

demand.

"Transportation network company." A company that uses or

operates a digital network to connect a passenger with a

transportation network company driver for the purpose of

transportation network service between points within this

Commonwealth.

"Transportation network company driver" or "driver." An

individual who uses a personal vehicle to provide transportation

network service to passengers.

"Transportation network company vehicle." A personal vehicle

used by a transportation network company driver to provide

transportation network service.

"Transportation network service." A service which meets all

of the following:

(1) Matches a passenger and a transportation network

company driver through the use of a transportation network

company's digital network in advance of any service being

provided.

(2) Is rendered on an exclusive basis. For purposes of

this subparagraph, "exclusive basis" means transportation

network service on any given trip when the first or principal

person, party or group hiring a transportation network

company has the exclusive right to determine where, when and

if another passenger shall be carried on that trip.

20150HB1065PN1347 - 78 -

(3) Is characterized by the prearranged transportation

of a passenger by a transportation network company driver

when the passenger and driver are connected though a

transportation network company's digital network.

§ 2602. Exclusions and applicability of chapter.

(a) Exclusions.--Transportation network companies,

transportation network services and transportation network

drivers are not:

(1) A "call or demand service" or "taxicab service" or

"limousine service" for purposes of 53 Pa.C.S. § 5701

(relating to definitions).

(2) A "common carrier" under section 102, or a "broker,"

"contract carrier by motor vehicle" or "motor carrier" of

passengers under section 2501(b).

(3) A ridesharing arrangement or ridesharing operator

under the act of December 14, 1982 (P.L.1211, No.279)

entitled "An act providing for ridesharing arrangements and

providing that certain laws shall be inapplicable to

ridesharing arrangements."

(4) A company or service that connects individuals

through a digital network for the purpose of transportation

when the transportation does not include the services of a

driver or where a driver is compensated only for actual

expenses incurred during the provision of transportation.

(b) Applicability.--

(1) The provisions of this chapter shall not apply to

transportation network companies, transportation network

company drivers or transportation network services within a

city of the first class.

(2) Except as otherwise provided, the provisions of this

20150HB1065PN1347 - 79 -

title shall not apply to transportation network companies,

transportation network company drivers or transportation

network services. The commission is authorized to regulate

transportation network companies under this chapter and

Chapters 3 (relating to public utility commission), 5

(relating to powers and duties), 7 (relating to procedure on

complaints) and 33 (relating to violations and penalties).

municipality may not impose a tax on or require a license for a

transportation network company or transportation network

service.

§ 2603. Service standards and requirements for transportation

network companies.

(a) License required.--No person or corporation shall engage

in the business of a transportation network company in this

Commonwealth unless the person or corporation holds a license

issued by the commission.

(b) License application and issuance.--An application for a

transportation network company license shall be made to the

commission in writing, be verified by oath or affirmation and be

in a form and contain such information as the commission may, by

its regulations, require. A license shall be issued to any

applicant if it is found that the applicant meets all of the

requirements of subsection (c) and is fit, willing and able to

conform to the provisions of this title and the lawful orders

and regulations of the commission under this title.

network companies.--Any applicant seeking a license under this

section shall do all of the following as a condition of receipt

and maintenance of a license:

20150HB1065PN1347 - 80 -

(1) Maintain accurate records of personal vehicles used

by transportation network company drivers to provide

transportation network services. Vehicle records shall

include the make, model and license plate number of each

personal vehicle used by a transportation network company

driver to provide transportation network service.

(2) Maintain accurate records of all transportation

network company drivers providing services arranged through

the transportation network company's digital network. Driver

records shall include information related to the personal

automobile insurance of a transportation network company

driver, including the name of the insurer, policy number and

expiration date.

(3) Implement a zero-tolerance policy on the use of

drugs and alcohol while a transportation network company

driver is providing transportation network services. Any

transportation network company driver who is the subject of a

passenger complaint alleging a violation of the zero-

tolerance policy shall be immediately suspended. The

suspension shall last until the time the complaint

investigation is completed. The following shall be provided

on a transportation network company's publicly accessible

Internet website:

(i) Notice of the zero-tolerance policy.

(ii) The procedures a passenger may use to report a

complaint about a transportation network company driver

with whom the passenger was matched and the passenger

reasonably suspects was under the influence of drugs or

alcohol during the course of the transportation.

(4) Establish a driver training program designed to

20150HB1065PN1347 - 81 -

ensure that each transportation network company driver safely

operates the driver's vehicle while transporting passengers.

Prior to permitting a person to act as a transportation

network company driver on its digital network, a

transportation network company shall require a person seeking

to be a transportation network company driver to

satisfactorily complete a driver training program.

(5) Obtain and review criminal record history

information prior to permitting a person to act as a

transportation network company driver on its digital network

and every third year thereafter. The criminal record history

information shall include a national, State and local

criminal background check, including the National Sex

Offender Registry. Any person who has been convicted:

(i) within the last seven years of driving under the

influence of drugs or alcohol; or

(ii) at any time for fraud, a sexual offense, use of

a motor vehicle to commit a felony, a crime involving

property damage or theft, acts of violence or acts of

terrorism;

shall not be permitted to be a transportation network company

driver.

(6) Obtain and review a driving history record prior to

permitting any person to act as a transportation network

company driver on its digital network and every third year

thereafter. Any person convicted of any of the following

within the three years immediately preceding the request date

of a report shall not be permitted to be a transportation

network company driver:

(i) More than three moving violations.

20150HB1065PN1347 - 82 -

(ii) A major violation, including attempting to

evade a police officer, reckless driving or driving with

a suspended license.

(7) Maintain insurance as required by section 2607

(relating to insurance) as memorialized by the filing of a

Form E certificate of insurance with the commission.

(8) Establish and maintain a digital network that:

(i) Connects transportation network company drivers

and passengers.

(ii) Displays the transportation network company's

name or logo.

(iii) Displays for the passenger a photograph of the

transportation network company driver. The photograph

must have been taken within the last 12 months.

(iv) Displays for the passenger a description of the

transportation network company vehicle that will be used

to provide transportation network service, including the

make, model and license plate number .

(9) Establish and maintain a publicly accessible

Internet website that provides:

(i) A customer service telephone number and an e-

mail address or Internet form.

(ii) The commission's Internet website address.

(iii) The commission's complaint hotline telephone

number.

(10) Comply with the commission's regulations and orders

regarding the reporting of motor carrier accidents for

accidents involving a transportation network company vehicle.

(11) Maintain verifiable records regarding its

operations and compliance with the obligations under this

20150HB1065PN1347 - 83 -

chapter for a period of three years or for a longer period as

may be required by the commission by regulation or order.

(d) Discrimination prohibited.-- Where service is offered by

a transportation network company, the transportation network

company must take reasonable steps to ensure that the service

provided by each person it permits to act as a transportation

network company driver on its digital network is reasonable,

safe and adequate. The following shall apply:

(1) No transportation network company may unreasonably

discriminate against any prospective passenger or

unreasonably refuse to provide service to a certain class of

passengers or certain localities.

(2) A transportation network company shall provide

passengers with an opportunity to indicate whether they

require a wheelchair-accessible vehicle. If a transportation

network company cannot arrange for a passenger to be

accommodated in a transportation network company vehicle, it

shall refer the passenger to a provider of wheelchair-

accessible service, if available in the area where the

passenger is located.

(e) Prohibitions.--A transportation network company,

transportation network service and transportation network

company driver may not:

(1) Operate or do business in a city of the first class.

(2) Pick up a passenger from any airport in a city of

the first class or second class.

(g) Inspection of records.--The commission is authorized to

inspect, audit and investigate any books, records and facilities

of a transportation network company and any affiliated entity as

necessary to ensure compliance with the requirements of this

20150HB1065PN1347 - 84 -

chapter and any order or regulation of the commission. Documents

or records inspected, audited or investigated under this section

shall be treated in accordance with the commission's practices

and procedures regarding confidential and trade-secret

information. Information disclosed to the commission under this

section shall be exempt from disclosure to third parties,

including through a request submitted under the act of February

14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

§ 2604. Requirements for transportation network company

drivers.

(a) Licensing.--No separate license shall be required for a

transportation network company driver to provide transportation

network services for a licensed transportation network company.

Except as otherwise specifically provided, a transportation

network company driver shall not be subject to this title or

Title 53 (relating to municipalities generally).

(b) Service requirements for transportation network company

drivers.--Each transportation network company driver shall:

(1) Satisfy the requirements for a criminal history and

driving history record search as provided by section 2603

(relating to service standards and requirements for

transportation network companies).

(2) Possess a valid driver's license, proof of motor

vehicle insurance and be at least 21 years of age.

(3) Carry proof, either a paper copy or, if agreed to by

the insurer pursuant to 75 Pa.C.S. § 1782(d) (relating to

manner of providing proof of financial responsibility), an

electronic copy, of the transportation network company's

commercial vehicle liability insurance at all times while

acting as a transportation network company driver.

20150HB1065PN1347 - 85 -

(4) Acknowledge, by electronic verification, through a

transportation network company's digital network, receipt of

notification of insurance requirements under section 2607

(relating to insurance).

(5) In the case of an accident:

(i) Provide proof of the transportation network

company's commercial vehicle liability insurance, in a

form required under paragraph (3), to any other party

involved in the accident and, if applicable, to the law

enforcement officer who responds to the scene of the

accident.

(ii) Report the accident to the transportation

network company.

(6) Immediately notify the transportation network

company, upon conviction, of any offense listed under section

2603(c)(5) or (6) which would disqualify a transportation

network company driver from being eligible to provide

transportation network service.

shall only provide service as provided by this chapter. A

transportation network company driver shall not solicit or

accept street hails or telephone calls requesting

transportation.

(d) Discrimination prohibited.--No transportation network

company driver may unreasonably discriminate against any

prospective passenger or unreasonably refuse to provide service

to a certain class of passengers or certain localities.

§ 2605. Transportation network company vehicle requirements.

(a) Types.--Transportation network company vehicles may be

coupes, sedans and other light-duty vehicles, including vans,

20150HB1065PN1347 - 86 -

minivans, sport utility vehicles, hatchbacks, convertibles and

pickup trucks that are equipped and licensed for operation on

public roads. At no time may a transportation network company

vehicle transport a greater number of passengers than the number

of factory-installed seatbelts in the vehicle, including the

driver.

(b) Identification.--Each transportation network company

vehicle shall be marked, as required by commission regulations

or orders, including display of a consistent and distinctive

signage or emblem at all times when providing transportation

network service. The use of signage, placards or other

distinguishable markings visible from the outside of the vehicle

shall be permitted.

(1) Transportation network company vehicles shall be

inspected annually by an inspection station approved by the

Department of Transportation under 67 Pa. Code Ch. 175

(relating to vehicle equipment and inspection). A valid

certificate of inspection shall be maintained in all

vehicles.

(2) The transportation network company shall ensure that

transportation network company vehicles remain in continuous

compliance with the commission's regulations and orders

related to vehicle standards.

(3) Transportation network company vehicles are subject

to periodic inspections under the Department of

Transportation inspection standards.

(d) Age.--Vehicles used by transportation network company

drivers to provide transportation network service may be no more

than 10 model years old. The commission may adjust the

20150HB1065PN1347 - 87 -

requirements of this subsection by regulation or order to permit

the use of older vehicles as transportation network company

vehicles.

(e) Commission inspection.--The commission may inspect any

transportation network company vehicle to ensure compliance with

this section.

§ 2606. Rates and forms of compensation.

(a) Tariffs and fares.-- A transportation network company

shall file and maintain with the commission a tariff setting

forth the terms and conditions of service including the basis

for its fares, including fare calculation method, and its

policies regarding surge pricing. A transportation network

company may offer transportation network service at no charge,

suggest a donation or charge a fare .

(b) Disclosure.--If a fare is charged, the transportation

network company shall disclose the method of calculation, the

applicable rates being charged and the option for a prospective

passenger to receive an estimated fare before booking the

transportation.

donation or fare received as compensation for transportation

network services shall not be subject to commission review or

approval under Chapter 13 (relating to rates and distribution

systems).

(d) Passenger receipts.--Upon completion of transportation

network service, a transportation network company shall transmit

an electronic receipt to a passenger's e-mail address or account

on the transportation network company's digital network. The

receipt shall contain:

(1) The origination and destination points of the

20150HB1065PN1347 - 88 -

transportation.

(2) The total amount paid by the passenger, if any.

(e) Natural disasters and emergencies.--A transportation

network company may not charge a fare that exceeds the

limitations under the act of October 31, 2006 (P.L.1210,

No.133), known as the Price Gouging Act, during a natural

disaster or state of emergency as declared by a State or local

governing body of the Commonwealth. If a natural disaster or

emergency does not result in the declaration of a State or local

emergency, the increase in fare must be established on the basis

of fares charged over the preceding 60 days.

§ 2607. Insurance.

(a) Insurance required.--A transportation network company

and a transportation network company driver shall maintain

insurance as provided in this section.

(b) Coverage requirements.--

(1) The following insurance coverage shall be required

for transportation network company vehicles from the moment a

transportation network company driver logs on to the

transportation network company's digital network until the

driver accepts a request to transport a passenger, and from

the moment the driver completes the transaction on the

digital network or until the ride is completed by the

passenger safely exiting the vehicle, whichever is later,

until the driver accepts another ride request on the digital

network or logs off the digital application:

(i) Primary automobile liability insurance coverage

in an amount not less than $35,000 per transportation

network company vehicle to cover liability for bodily

injury, death or property damage incurred in an accident

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arising from the provision of transportation network

company service. The minimum coverage shall be split

coverage in the amounts of $15,000 bodily injury per

person, $30,000 bodily injury per incident and $5,000

property damage per incident.

(ii) First party medical benefits as required by 75

Pa.C.S. § 1711 (relating to required benefits) for

passengers and pedestrians.

(2) The following insurance coverage shall be required

for transportation network company vehicles from the moment a

transportation network company driver accepts a ride request

on the transportation network company's digital network until

the driver completes the transaction on the digital network

or until the ride is completed by the passenger safely

exiting the vehicle, whichever is later:

(i) Primary automobile liability insurance coverage

in an amount of not less than $1,000,000 for death,

personal injury and property damage to third parties.

(ii) First-party medical benefits as required by 75

Pa.C.S. § 1711 for passengers and pedestrians on a per-

incident basis for incidents involving a transportation

network company vehicle during the provision of

transportation network service.

(3) The insurance coverage required under this section

shall also provide for uninsured motorist coverage and

underinsured motorist coverage in the amount of $1,000,000

from the moment a passenger enters the vehicle of a

transportation network company driver until the trip is

completed by the passenger safely exiting the vehicle.

(4) Coverage under a transportation network company

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insurance policy shall not be dependent on a personal

automobile insurance policy first denying a claim nor shall a

personal automobile insurance policy be required to first

deny a claim.

(5) In every instance where transportation network

company insurance maintained by a transportation network

company driver to fulfill the insurance obligations of this

section has lapsed or ceased to exist, the transportation

network company shall provide the coverage required by this

section beginning with the first dollar of a claim.

(1) The requirements for the coverage required by this

section may be satisfied by any of the following:

(i) An automobile liability insurance policy

maintained by a transportation network company.

(ii) An automobile liability insurance policy

maintained by a transportation network company driver.

(iii) Any combination of subparagraphs (i) and (ii).

(2) A transportation network company may meet its

obligations under this subsection through a policy obtained

by a transportation network company driver under paragraph

(1)(ii) or (iii) only if the transportation network company

verifies that the policy maintained by the transportation

network company driver is specifically written to cover the

driver's use of a vehicle in connection with a transportation

network company's digital network.

(d) Insurers.--

(1) An insurer providing coverage as required by this

subsection shall be the only insurer having the duty to

defend a liability claim arising from an accident occurring

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during the provision of transportation network service.

(2) The automobile liability insurance coverage required

under this section may be placed with an admitted insurer

under section 208 of the act of May 17, 1921 (P.L.789,

No.285), known as The Insurance Department Act of 1921, or a

surplus lines insurer eligible under section 1605 of the act

of May 17, 1921 (P.L.682, No.284), known as The Insurance

Company Law of 1921.

(e) Evidence.--The automobile liability insurance coverage

required by this section shall be evidenced by the filing of a

Form E certificate of insurance with the commission.

(f) Liability.--Nothing in this section shall be construed

to limit the liability of a transportation network company

arising out of an accident involving a transportation network

company driver for an amount above the insurance coverage

required under subsection (b)(1) and (2).

(g) Duty of a transportation network company.--It shall be

the sole and exclusive responsibility of a transportation

network company to ensure that the coverage required by this

section is in force prior to permitting a transportation network

company driver to provide transportation network service through

the transportation network company's digital network. Each

policy or combination of policies maintained under this section

shall:

(1) Provide primary liability coverage for incidents

involving a transportation network company driver while

providing transportation network service.

(2) Include a duty of the insurer or insurers to defend

against claims made against a transportation network company

driver or the owner of a personal vehicle used to provide

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transportation network service.

§ 2608. Personal auto insurance.

(a) Policy not required.--A private passenger automobile

insurance policy may not be required to provide primary or

excess coverage during the time a transportation network company

driver is providing transportation network service.

(b) Insurance.--During the period of time from the moment a

transportation network company driver logs on to the

transportation network company's digital network until the

driver logs off the digital network or the passenger exits the

vehicle, whichever is later, all of the following shall apply:

(1) The driver's or the vehicle owner's personal

automobile insurance policy shall not provide coverage to the

participating driver, vehicle owner or a third party, unless

either:

(i) the policy expressly provides for that coverage

during the period of time to which this subsection is

applicable, with or without a separate charge; or

(ii) the policy contains an amendment or endorsement

to provide that coverage, for which a separately stated

premium is charged.

(2) The driver's or the vehicle owner's personal

automobile insurance policy shall not have the duty to defend

or indemnify for the driver's activities in connection with

the transportation network company, unless either:

(i) the policy expressly provides otherwise for the

period of time to which this subsection is applicable,

with or without a separate charge; or

(ii) the policy contains an amendment or endorsement

to provide that coverage, for which a separately stated

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premium is charged.

the contrary, a personal automobile insurer may, at its

discretion, offer an automobile liability insurance policy or an

amendment or endorsement to an existing policy providing

coverage for transportation network company drivers while

providing transportation network service.

§ 2609. Required disclosures.

(a) Disclosures to transportation network company drivers.--

(1) A transportation network company shall disclose the

following, in writing, to transportation network company

drivers, as part of its agreement with those drivers, and

require an electronic verification from a transportation

network company driver that the required disclosures have

been provided:

(i) The insurance coverage and limits of liability

that the transportation network company provides while

the driver uses a vehicle in connection with a

transportation network company's digital network.

(ii) That, depending on its terms, the

transportation network company driver's personal

automobile insurance policy may not provide coverage

because the driver uses a vehicle in connection with a

transportation network company's digital network.

(iii) That, depending on its terms, the

transportation network company driver's personal

automobile insurance policy may not provide collision or

comprehensive coverage for damage to a vehicle incurred

while the transportation network company driver is

providing transportation network service.

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(iv) That, if the transportation network company

driver has questions about the coverage provided by his

personal automobile insurance policy, the transportation

network company driver should review the terms of the

policy with the insurer or agent regarding the use of the

insured vehicle as a transportation network company

vehicle.

(b) Prohibition on disclosure of passenger information.--A

transportation network company shall not disclose to a third

party any personally identifiable information of a

transportation network company passenger unless one of the

following applies:

(1) The customer knowingly consents. As used in this

paragraph "knowingly consents" means:

(i) the customer is not required to consent to the

disclosure of personal identifiable information to a

third party in order to receive transportation network

service; and

(ii) the customer consents to the disclosure of

personal identifiable information in a document that is

separate from the transportation network company's terms

of service agreement.

(2) Pursuant to a subpoena, court order or other legal

obligation.

(3) The disclosure is to the commission in to the

context of an investigation of a formal complaint filed with

the commission against a transportation network company or a

transportation network company driver and the commission

treats the information under confidentiality protections.

(4) The disclosure is required to protect or defend the

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a passenger as a condition of use of the service, or to

investigate violations of those terms.

(5) As used in this subsection, the term "personally

identifiable information" shall include any of the following:

(i) First name or first initial in combination with

last name.

(ii) Credit or debit card numbers or other financial

account numbers.

(iii) An e-mail address.

(iv) A home address.

(6) Notwithstanding paragraphs (1) through (5), a

transportation network company may share a passenger's name

or telephone number with the transportation network company

driver providing transportation network service to the

passenger, as necessary, to facilitate correct identification

of the passenger by the driver or to facilitate communication

between a passenger and driver.

§ 2610. Regulations.

The commission shall make such orders or regulations as

necessary to implement and enforce this chapter.

§ 2611. Enforcement.

The commission may, following notice and an opportunity to be

heard, impose civil penalties and other appropriate penalties

for violations of this chapter or commission regulations and

orders. Penalties may include suspension or revocation of a

transportation network company's license. Notwithstanding the

provisions of section 3301 (relating to civil penalties for

violations), a transportation network company that violates any

of the provisions of this chapter or fails, omits, neglects or

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refuses to obey or comply with a commission regulation shall be

subject to civil penalties of up to $5,000 per violation per

day.

§ 2612. Assessments.

Costs incurred by the commission to implement and enforce

this chapter shall be included in the commission's proposed

budget and shall be assessed upon a transportation network

company in accordance with section 510(a) (relating to

assessment for regulatory expenses upon public utilities). A

transportation network company shall report annually to the

commission its gross intrastate operating revenues derived from

the provision of transportation network service regardless of

the entity that collects the revenues. The commission, upon

request, shall provide a transportation network company with a

true and correct accounting of commission activities related to

the implementation and enforcement of this chapter.

Section 13. Any holder of a certificate of public

convenience as a motor carrier of passengers that has been

approved by the commission to provide experimental

transportation network service prior to the effective date of

this section may continue to provide experimental transportation

network services on a permanent basis absent the imposition of

additional rules and regulations inconsistent with the terms and

conditions contained in its original application which was

approved by the Public Utility Commission. Any decision to

terminate experimental transportation network services or

provide taxi transportation network company service under 66

Pa.C.S. Ch. 24A or any subsequent regulations shall be at the

sole discretion of a holder of a certificate of public

convenience as a motor carrier of passengers.

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Section 14. This act shall take effect in 60 days.

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