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PRINTER'S NO. 1721
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1290
Session of
2015
INTRODUCED BY MAHER, VEREB, KILLION, BLOOM, CHRISTIANA, CUTLER,
ENGLISH, GRELL, GROVE, A. HARRIS, HELM, KAUFER, KNOWLES,
MASSER, MILLARD, PYLE, RAPP, REGAN, SANKEY, SIMS, SONNEY,
TOOHIL, WARNER AND WATSON, JUNE 5, 2015
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, JUNE 5, 2015
AN ACT
Amending Titles 53 (Municipalities Generally), 66 (Public
Utilities) and 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in taxicabs and limousines in first class cities,
further providing for definitions; in general provisions,
further providing for definitions; in powers and duties,
providing for financial responsibility of transportation
network companies; in contract carrier by motor vehicle and
broker, further providing for declaration of policy and
definitions; providing for transportation network service;
and, in general provisions, further providing for
definitions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "call or demand service,"
"taxicab service" and "limousine service" in section 5701 of
Title 53 of the Pennsylvania Consolidated Statutes are amended
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:
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* * *
"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. The term does not
include transportation network service as defined in 66 Pa.C.S.
§ 102 (relating to definitions) or limousine service.
* * *
"Limousine service."
(1) Except as provided in paragraph (2), a motor vehicle
providing any of the following services:
(i) Local, nonscheduled common carrier service for
passengers on an exclusive basis for compensation.
(ii) Common carrier service for passengers for
compensation:
(A) from any airport, railroad station or hotel
located in whole or in part in a city of the first
class; or
(B) to any airport, railroad station or hotel
located in whole or in part in a city of the first
class from a point within the city of the first
class.
(2) The term does not include any of the following:
(i) Taxicab service.
(ii) Service that was otherwise exempt from the
jurisdiction of the Pennsylvania Public Utilities
Commission prior to the effective date of this
subparagraph.
(iii) Other paratransit service.
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(iv) Employee commuter van pooling.
(v) A vehicle with a seating capacity of 16 or more
persons, including the driver.
(vi) Transportation network service as defined in 66
Pa.C.S. § 102 (relating to definitions).
* * *
Section 2. The definitions of "common carrier" and "motor
carrier" in section 102 of Title 66 are amended, the definition
of "common carrier by motor vehicle" is amended by adding a
paragraph and the section is amended by adding definitions 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
association on a nonprofit basis. The term does not include a
transportation network company or transportation network company
driver.
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"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:
* * *
(10) A person or entity that is any of the following:
(i) A transportation network company.
(ii) A transportation network company driver.
* * *
"Digital network." Any online-enabled application, software,
website or system offered or utilized by a transportation
network company that enables the prearrangement of rides with
transportation network company drivers.
* * *
"Motor carrier." A common carrier by motor vehicle, and a
contract carrier by motor vehicle. The term does not include a
transportation network company or transportation network company
driver.
* * *
"Personal vehicle." A vehicle that is used by a
transportation network company driver and is:
(1) owned, leased or otherwise authorized for use by the
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transportation network company driver; and
(2) not:
(i) a call or demand service or limousine service as
defined under 53 Pa.C.S. § 5701 (relating to
definitions);
(ii) a common carrier, common carrier by motor
vehicle or motor carrier;
(iii) a broker or contract carrier by motor vehicle
as defined under section 2501(b) (relating to declaration
of policy and definitions); or
(iv) a driver operating under ridesharing
arrangement or ridesharing operator as defined 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."
"Prearranged ride." The provision of transportation by a
driver to a rider, beginning when a driver accepts a ride
requested by a rider through a digital network, continuing while
the driver transports a requesting rider and ending when the
last requesting rider departs from the personal vehicle. A
prearranged ride does not include:
(1) transportation provided using a call or demand
service or limousine service as defined under 53 Pa.C.S. §
5701;
(2) a common carrier, common carrier by motor vehicle or
motor carrier;
(3) a broker or contract carrier by motor vehicle as
defined under section 2501; or
(4) a driver operating under ridesharing arrangement or
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ridesharing operator.
* * *
"Transportation network company." A corporation,
partnership, sole proprietorship or other entity that meets all
of the following:
(1) Is licensed by the Department of State.
(2) Operates in this Commonwealth.
(3) Uses a digital network.
(4) Provides prearranged rides.
A transportation network company shall not be deemed to control,
direct or manage the personal vehicles or transportation network
company drivers that connect to it digital network, except where
agreed to by written contract.
"Transportation network company driver" or "driver." An
individual who:
(1) receives connections to potential riders and related
services from a transportation network company in exchange
for payment of a fee to the transportation network company;
and
(2) uses a personal vehicle to offer or provide a
prearranged ride to riders upon connection through a digital
network controlled by a transportation network company in
return for compensation or payment of a fee.
"Transportation network company rider" or "rider." A person
who uses a digital network to connect with a transportation
network driver who provides prearranged rides to the rider in
the driver's personal vehicle between points chosen by the
rider.
"Transportation network service." A service which meets all
of the following:
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(1) Matches a rider and transportation network company
driver using a digital network in advance of the service
being provided.
(2) Is rendered on an exclusive basis. For purposes of
this paragraph, the term "exclusive basis" means a
transportation network service on a given trip when each
individual, party or group may not be required to ride with
another rider on that trip unless the individual, party or
group consents to additional riders on the trip.
(3) Is characterized by transportation of a rider by a
transportation network company driver when the rider and
driver are connected through a digital network.
* * *
Section 3. Title 66 is amended by adding a section to read:
§ 512.1. Financial responsibility of transportation network
companies.
(a) Requirements.--
(1) Upon the effective date of this section, a
transportation network company driver or transportation
network company on the driver's behalf shall maintain primary
automobile insurance that recognizes that the driver is a
transportation network company driver or otherwise uses a
vehicle to transport riders for compensation and covers the
driver:
(i) while the driver is logged on to the digital
network; and
(ii) while the driver is engaged in a prearranged
ride.
(2) The following automobile insurance requirements
shall apply while a participating transportation network
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company driver is logged on to the digital network and is
available to receive transportation requests but is not
engaged in a prearranged ride:
(i) Primary automobile liability insurance in the
amount of at least $50,000 for death and bodily injury
per person, $100,000 for death and bodily injury per
incident and $25,000 for property damage.
(ii) First party medical benefits as required by 75
Pa.C.S. § 1711 (relating to required benefits) for riders
and pedestrians.
(iii) The coverage requirements may be satisfied by
any of the following:
(A) automobile insurance maintained by the
transportation network company driver;
(B) automobile insurance maintained by the
transportation network company; or
(C) any combination of clauses (A) and (B).
(3) The following automobile insurance requirements
shall apply while a transportation network company driver is
engaged in a prearranged ride:
(i) Primary automobile liability insurance that
provides at least $1,000,000 for death, bodily injury and
property damage.
(ii) First party medical benefits as required by 75
Pa.C.S. § 1711 for riders and pedestrians on a per-
incident basis for incidents involving a transportation
network company driver's operation of a transportation
network company vehicle while engaged in a prearranged
ride.
(iii) The coverage requirements may be satisfied by
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any of the following:
(A) automobile insurance maintained by the
transportation network company driver;
(B) automobile insurance maintained by the
transportation network company; or
(C) any combination of clauses (A) and (B).
(4) If insurance maintained by a driver under paragraph
(2) or (3) has lapsed or does not provide the required
coverage, insurance maintained by a transportation network
company shall provide the coverage required by this section
beginning with the first dollar of a claim and the
transportation network company shall have the duty to defend
such claim.
(5) Coverage under an automobile insurance policy
maintained by the transportation network company shall not be
dependent on a personal automobile insurer first denying a
claim nor shall a personal automobile insurance policy be
required to first deny a claim.
(6) Insurance required under this subsection may be
placed with a certified 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.
(7) Insurance satisfying the requirements of this
section shall be deemed to satisfy the financial
responsibility requirement for a motor vehicle under 75
Pa.C.S. Ch. 17 (relating to financial responsibility).
(8) A transportation network company driver shall carry
proof of coverage satisfying paragraphs (2) and (3) when the
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driver uses a vehicle in connection with a digital network.
In the event of an accident, a transportation network company
driver shall provide insurance coverage information to the
directly interested parties, automobile insurers and
investigating police officers under 75 Pa.C.S. § 1786
(relating to required financial responsibility). Upon such
request, a transportation network company driver shall also
disclose to directly interested parties, automobile insurers
and investigating police officers, whether the driver was
logged on to the digital network or on a prearranged ride at
the time of an accident.
(b) Disclosures.--The transportation network company shall
disclose in writing to transportation network company drivers
the following before they may accept a request for a prearranged
ride on the digital network:
(1) the insurance coverage, including the types of
coverage and the limits for each coverage that the
transportation network company provides while the
transportation network company driver uses a personal vehicle
in connection with a digital network; and
(2) that the transportation network company driver's own
automobile insurance policy may not provide any coverage
while the driver is logged on to the digital network and is
available to receive transportation requests or is engaged in
a prearranged ride, depending on its terms.
(c) Automobile insurance provisions.--
(1) Insurers that write automobile insurance in this
Commonwealth may exclude any and all coverage afforded under
the policy issued to an owner or operator of a personal
vehicle for any loss or injury that occurs while a driver is
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logged on to a digital network or while a driver provides a
prearranged ride. The right to exclude all coverage may apply
to any coverage included in an automobile insurance policy,
including, but not limited to:
(i) liability coverage for bodily injury and
property damage;
(ii) uninsured and underinsured motorist coverage;
(iii) medical payments coverage;
(iv) comprehensive physical damage coverage; and
(v) collision physical damage coverage.
(2) Notwithstanding any requirement under 75 Pa.C.S. Ch.
17, exclusions under paragraph (1) shall apply. Nothing in
this section implies or requires that a personal automobile
insurance policy provide coverage while the driver is logged
on to a digital network, while the driver is engaged in a
prearranged ride or while the driver otherwise uses a vehicle
to transport riders for compensation. Nothing in this
subsection shall be deemed to preclude an insurer from
providing coverage for the personal vehicle, if the insurer
chooses to do so by contract or endorsement.
(3) Automobile insurers that exclude the coverage
described in subsection (a) shall have no duty to defend or
indemnify any claim expressly excluded under the coverage.
Nothing in this section shall be deemed to invalidate or
limit an exclusion contained in a policy, including any
policy in use or approved for use in this Commonwealth prior
to the enactment of this section, that excludes coverage for
vehicles used to carry persons or property for a charge or
available for hire by the public.
(4) An automobile insurer that defends or indemnifies a
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claim against a driver that is excluded under the terms of
its policy shall have a right of contribution against other
insurers that provide automobile insurance to the same driver
in satisfaction of the coverage requirements of subsection
(a) at the time of loss.
(5) In a claims coverage investigation, transportation
network companies and any insurer potentially providing
coverage under subsection (a) shall cooperate to facilitate
the exchange of relevant information with directly involved
parties and any insurer of the transportation network company
driver, if applicable, including the precise times that a
transportation network company driver logged on and off of
the digital network in the 12-hour period immediately
preceding and in the 12-hour period immediately following the
accident and disclose a clear description of the coverage,
exclusions and limits provided under any automobile insurance
maintained under subsection (a).
Section 4. The definition of "broker" in section 2501(b) of
Title 66 is amended and paragraph (2) of the definition of
"contract carrier by motor vehicle" is amended by adding a
subparagraph 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
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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
a transportation network company or a transportation network
company driver.
"Contract carrier by motor vehicle."
* * *
(2) The term "contract carrier by motor vehicle" does
not include:
* * *
(x) A transportation network company or
transportation network company driver.
Section 5. Title 66 is amended by adding a chapter to read:
CHAPTER 26
TRANSPORTATION NETWORK SERVICE
Sec.
2601. Definitions.
2602. Exclusions.
2603. Applicability of certain laws and prohibition.
2604. Service standards and requirements for transportation
network companies.
2605. Service standards and requirements for transportation
network company drivers.
2606. Personal vehicle requirements.
2607. Rates and forms of compensation.
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2608. Nondisclosure of rider information.
2609. Regulations and enforcement.
2610. Commission costs.
2611. Transportation network service in a city of the first
class.
§ 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:
"License." Proof of the commission's approval authorizing a
transportation network company to operate a transportation
network service in this Commonwealth in accordance with this
chapter. The term does not include a certificate of public
convenience as described under Chapter 11 (relating to
certificates of public convenience).
§ 2602. Exclusions.
A transportation network company and a transportation network
company driver shall not be considered:
(1) A motor carrier of riders, common carrier, contract
carrier or broker under this title.
(2) 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."
§ 2603. Applicability of certain laws and prohibition.
(a) Motor carrier laws.--Except as otherwise provided, the
following laws and regulations of this Commonwealth may not
apply to a transportation network company or transportation
network company driver:
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(1) This title, except that the commission may regulate
transportation network companies under 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) and this chapter.
(2) 53 Pa.C.S. (relating to municipalities generally).
(3) Laws and regulations containing special insurance
requirements for motor carriers, except as provided in
section 2604(a)(4)(vii) (relating to service standards and
requirements for transportation network companies).
(4) Laws and regulations imposing a greater standard of
care on motor carriers than that imposed on other drivers or
owners of motor vehicles.
(5) Laws and regulations imposing special equipment
requirements and special accident reporting requirements on
motor carriers.
(b) Municipal licenses and taxes.--Except as otherwise
provided, a municipality may not impose a tax on or require a
license for a transportation network company or transportation
network service.
§ 2604. Service standards and requirements for transportation
network companies.
(a) Requirements for transportation network companies.--
(1) A transportation network company may not operate in
this Commonwealth unless it holds and maintains a license
issued by the commission.
(2) An application for a license shall be made to the
commission in writing, be verified by oath or affirmation and
contain the following:
(i) Proof that the transportation network company is
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licensed to do business in this Commonwealth.
(ii) Proof that the transportation network company
maintains a registered agent in this Commonwealth.
(iii) Proof that the transportation network company
maintains a website that includes the information
required under paragraph (4)(viii).
(iv) Proof that the transportation network company
has secured the insurance policies required under section
512.1 (relating to financial responsibility of
transportation network companies).
(3) A license shall be issued to a transportation
network company applicant if the commission finds that the
applicant meets all the requirements of paragraph (4). In the
process of granting a license, the commission may also impose
conditions that are reasonably related to a licensee's
obligations as set forth in this chapter.
(4) An applicant seeking a license under this section
shall do all of the following as a condition of receipt and
maintenance of a license:
(i) Maintain accurate records of all transportation
network company drivers providing services arranged
through the digital network and the vehicles used to
provide the service. The following shall apply:
(A) 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.
(B) Vehicle records shall include the make,
model and license plate number of each personal
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vehicle used by a transportation network company
driver to provide transportation network service.
(ii) Establish a driver-training program designed to
ensure that each transportation network company driver
safely operates the driver's personal vehicle prior to
the driver being permitted to offer transportation
network service through the transportation network
company. Each transportation network company shall file
its driver-training program with the commission upon
application for a license to provide a transportation
network service.
(iii) Implement a zero-tolerance policy on the use
of drugs or alcohol while a transportation network
company driver provides transportation network service. A
transportation network company driver who is the subject
of a reasonable rider complaint alleging a violation of
the zero-tolerance policy shall be immediately suspended.
The suspension shall last until the time the complaint
investigation is complete. The following information
shall be provided on a transportation network company's
publicly accessible Internet website:
(A) Notice of the zero-tolerance policy.
(B) Procedures to report a complaint about a
transportation network company driver with whom the
rider was matched and whom the rider reasonably
suspects was under the influence of drugs or alcohol
during the course of the ride.
(iv) Obtain and review, prior to permitting a person
to act as a transportation network company driver on its
digital network , a background check report that includes
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a primary source review of any relevant criminal history
records held by governmental entities in this
Commonwealth, which may include information from the
Pennsylvania State Police or records held by relevant
county governments in this Commonwealth. The following
shall apply:
(A) A person who has been convicted within the
past seven years of driving under the influence of
drugs or alcohol or of a crime involving property
damage and theft may not be a transportation network
company driver.
(B) A person who has been convicted within the
past seven years of fraud, sexual offenses, use of a
motor vehicle to commit a felony, acts of violence or
acts of terror may not be a transportation network
company driver.
(v) Obtain and review, prior to permitting a person
to act as a transportation network company driver on its
digital network, a driving history research report for
the person from the Department of Transportation and
other relevant sources. A person with more than three
moving violations in the three-year period prior to the
check or a major violation in the three-year period prior
to the check may not be a transportation network company
driver. A transportation network company shall review the
driving history report of each transportation network
company driver not less than every third year that a
driver is acting as a transportation network company
driver.
(vi) Display, on the digital network, a picture of
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the transportation network company driver and a
description of the individual's vehicle used in providing
transportation network service, including the make, model
and license plate number of the vehicle.
(vii) Maintain insurance as required under section
512.1 (relating to financial responsibility of
transportation network companies) as memorialized by the
filing of a Form E Certificate of Insurance with the
commission.
(viii) Establish and maintain a publicly accessible
Internet website that provides:
(A) A customer service telephone number or e-
mail address.
(B) The telephone number to file a consumer
complaint with the commission.
(ix) Comply with the commission's regulations and
orders regarding the reporting of motor carrier accidents
for any accidents involving a personal vehicle.
(x) Maintain verifiable records regarding its
operations and obligations under this chapter for a
minimum period of three years or as may be required by
the commission by regulation or order.
(b) Inspection of records.--The commission shall be
authorized to inspect, audit and investigate any books, records
and facilities of the transportation network company and any
affiliated entities as necessary to ensure compliance with this
chapter. Documents or records marked as confidential will be
treated according to the commission's practices and regulations
regarding confidential and trade secret information. Information
disclosed to the commission under this chapter shall be exempt
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from disclosure to a third person, including through a request
submitted under the act of February 14, 2008 (P.L.6, No.3),
known as the Right-to-Know Law.
( c) Discrimination in service.--Where services are offered,
a transportation network company must take reasonable steps to
ensure that the service provided by each transportation network
company driver who utilizes the digital network is safe,
reasonable and adequate. A transportation network company may
not unreasonably discriminate against a prospective rider or
unreasonably refuse to provide service to a certain class of
riders or certain localities.
(d) Dual motor carriers.--A motor carrier that provides call
and demand service under a certificate of public convenience and
that has obtained a license from the commission to provide
transportation network service may dispatch either a call and
demand vehicle or a transportation network company driver to
provide service in its authorized service territory.
§ 2605. Service standards and requirements for transportation
network company drivers.
(a) Separate licenses prohibited.--A separate license may
not be required for a transportation network company driver to
provide transportation network service by an approved
transportation network company. Except as otherwise specifically
provided, a transportation network company driver shall not be
subject to other chapters in this title or 53 Pa.C.S. (relating
to municipalities generally).
(b) Requirements for transportation network company
drivers.--A transportation network company driver must:
(1) Be at least 21 years of age.
(2) Pass a criminal history search and a driving history
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search as specified in section 2604 (relating to service
standards and requirements for transportation network
companies).
(3) Possess a valid driver's license and proof of motor
vehicle insurance.
(4) Carry proof, either a paper copy or electronic copy,
of the transportation network company's liability insurance
required under section 512.1(b) (relating to financial
responsibility of transportation network companies).
(5) Acknowledge by electronic verification, through the
digital network, receipt of notification of insurance
requirements under section 512.1(e).
(6) In the case of an accident:
(i) Provide the insurance coverage information
required under paragraph (4) 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.
(7) Notify the transportation network company
immediately upon conviction for any offense listed under
section 2604(a)(4)(iv) or (v) which would disqualify the
transportation network company driver from being eligible to
provide transportation network service.
(8) A transportation network company driver may only
accept a ride arranged through the digital network and may
not solicit or accept street-hails or telephone calls
requesting transportation network service.
§ 2606. Personal vehicle requirements.
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(a) Authorized vehicles.--Vehicles used by a transportation
network company driver to provide transportation network company
service may be a coupe, sedan or other light-duty vehicle,
including a van, minivan, sport utility vehicle, hatchback,
convertible or pickup truck that is equipped and licensed for
use on a public highway. At no time may a vehicle used to
provide transportation network service transport a greater
number of individuals, including the driver, than the number of
seat belts factory-installed in the vehicle.
(b) Vehicle requirements.--No vehicle being used to provide
transportation network service may be older than 10 model years
old. The commission may adjust the requirements of this
subsection by regulation or order to allow older vehicles to be
used to provide transportation network service. All vehicles
shall be marked as required by the commission's regulations or
orders when providing transportation network service. The use of
placards, or other distinguishable markings, visible from the
outside of the vehicle shall be acceptable.
(c) Inspections required.--
(1) An annual certificate of inspection must be obtained
from an inspection station approved by the Department of
Transportation under 67 Pa. Code Ch. 175 (relating to vehicle
equipment and inspection) for each personal vehicle. A valid
certificate of inspection shall be maintained in all
vehicles.
(2) The transportation network company shall ensure that
its drivers' vehicles remain in continuous compliance with
the commission's vehicle standards and are subject to
periodic inspections according to Department of
Transportation inspection standards.
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(3) A commission officer may inspect a personal vehicle
to ensure compliance with this section.
§ 2607. Rates and forms of compensation.
(a) Rider receipt.--Upon completion of transportation under
this chapter, each transportation network company shall transmit
an electronic receipt to the rider's e-mail address or account
on a digital network documenting the origination and destination
of the trip and the total amount paid, if any.
(b) Tariff and fares.--A transportation network company
shall file and maintain with the commission a tariff that sets
forth the terms and conditions of service, including the basis
for its fares 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. If a
fare is charged, a transportation network company must disclose
the fare calculation method, the applicable rates being charged
and the option for an estimated fare to the rider before booking
the transportation. The amount of a donation, charge, fare or
other compensation provided or received for transportation
network service shall not be subject to review or approval by
the commission under Chapter 13 (relating to rates and
distribution systems).
§ 2608. Nondisclosure of rider information.
A transportation network company shall not disclose to a
third party any personally identifiable information of a
transportation network company rider unless one of the following
applies:
(1) The customer knowingly consents.
(2) The information is disclosed under subpoena, court
order or other legal obligation.
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(3) The disclosure is to the commission in the context
of an investigation regarding a complaint filed with the
commission against a transportation network company and the
commission treats the information as proprietary and
confidential.
(4) The disclosure is required to protect or defend the
terms of use of the service or to investigate violations of
those terms. In addition to the foregoing, a transportation
network company shall be permitted to share a rider's name or
telephone number with the transportation network company
driver providing transportation network company service to
the rider in order to facilitate correct identification of
the rider by the transportation network company driver or to
facilitate communication between the rider and the
transportation network company driver.
§ 2609. Regulations and enforcement.
The commission may promulgate regulations and issue orders to
enforce the requirements set forth in this chapter. The
commission may, after notice and opportunity to be heard, impose
civil fines, license suspensions or revocations and other
appropriate remedies for violations of this chapter and
commission regulations and orders.
§ 2610. Commission costs.
The program costs for commission implementation and
enforcement of this chapter shall be included in the
commission's proposed budget and shall be assessed upon
transportation network companies in accordance with section 510
(relating to assessment for regulatory expenses upon public
utilities). For the purposes of section 510 only, the definition
of public utility shall include a transportation network
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company. The transportation network company shall report
annually to the commission the gross intrastate operating
revenues derived from transportation network service regardless
of the entity that collects the revenues.
§ 2611. Transportation network service in a city of the first
class.
(a) Authority.--Upon the effective date of this section,
transportation network companies, transportation network company
drivers and personal vehicles may operate in a city of the first
class consistent with the requirements of this chapter, as well
as sections 102 (relating to definitions) and 512.1 (relating to
financial responsibility of transportation network companies). A
parking authority in a city of the first class shall, within 60
days of the effective date of this section, take appropriate
action to license any transportation network company seeking to
offer transportation network services within the city of the
first class so long as the company meets the requirements of
section 2604(a)(4).
(b) Applicability.--A parking authority in a city of the
first class shall issue proposed regulations regarding the
provision of transportation network services in a city of the
first class not later than 90 days after the effective date of
this section. Notwithstanding any provision of law to the
contrary, any regulations or orders promulgated by a parking
authority in a city of the first class shall be consistent with
the provisions of this chapter, as well as sections 102 and
512.1. The regulations may not impose any additional duties or
requirements on transportation network companies, transportation
network company drivers or personal vehicles operating in a city
of the first class.
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(c) Enforcement.--At all times, a parking authority in a
city of the first class shall be responsible for the enforcement
of these requirements for trips that commence in a city of the
first class.
Section 6. The definition of "bus" in section 102 of Title
75 is amended to read:
§ 102. Definitions.
Subject to additional definitions contained in subsequent
provisions of this title which are applicable to specific
provisions of this title, the following words and phrases when
used in this title shall have, unless the context clearly
indicates otherwise, the meanings given to them in this section:
* * *
"Bus."
(1) a motor vehicle designed to transport 16 or more
passengers, including the driver; or
(2) a motor vehicle, other than a taxicab [or],
limousine or personal vehicle as defined in 66 Pa.C.S. § 102
(relating to definitions), designed to transport not more
than 15 passengers, including the driver, and used for the
transportation of persons for compensation.
The term does not include a vehicle used in a ridesharing
arrangement, as defined in 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," or a school bus.
* * *
Section 7. All acts and parts of acts are repealed insofar
as they are inconsistent with the addition of 66 Pa.C.S. Ch. 26.
Section 8. This act shall take effect in 60 days.
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