Regular Session 2015-2016 Senate Bill 0984 P.N. 1220

PRINTER'S NO. 1220

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

984

Session of

2015

INTRODUCED BY BARTOLOTTA, WHITE, VANCE, ALLOWAY, ARGALL,

SMUCKER, STEFANO, WAGNER, WARD, McILHINNEY, CORMAN AND

MENSCH, SEPTEMBER 8, 2015

REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,

SEPTEMBER 8, 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 power of commission to confiscate, impound and

sell vehicles; 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" or

"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:

* * *

"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 a 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 a 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 passenger, beginning when a driver accepts a ride

requested by a passenger through a digital network, continuing

while the driver transports a requesting passenger and ending

when the last requesting passenger 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 (relating to definitions);

(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 (relating to declaration of policy

and definitions); or

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(4) a driver operating under ridesharing arrangement or

ridesharing operator.

* * *

"Transportation network company." A person that meets all of

the following:

(1) Is licensed by the commission.

(2) Operates in this Commonwealth.

(3) Uses a digital network to facilitate prearranged

rides.

"Transportation network company driver." An individual who:

(1) receives connections to potential passengers 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 passengers upon connection through a

digital network controlled by a transportation network

company in return for compensation or payment of a fee.

"Transportation network company passenger" or "passenger." A

person who uses a digital network to connect with a

transportation network driver who provides prearranged rides to

the passenger in the driver's personal vehicle between points

chosen by the passenger.

"Transportation network service."

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

(i) Matches a passenger and transportation network

company driver using a digital network in advance of the

service being provided.

(ii) Is rendered on an exclusive basis. For purposes

of this paragraph, the term "exclusive basis" means a

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transportation network service on a given trip when each

individual, party or group may not be required to ride

with another passenger on that trip unless the

individual, party or group consents to additional

passengers on the trip.

(2) The term includes transportation of a passenger

following connection with a transportation network company

driver through a digital network.

* * *

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

§ 512.1. Power of commission to confiscate, impound and sell

vehicles.

(a) Authorization.--The commission is empowered to

confiscate a personal vehicle and impound and sell a vehicle if

the vehicle is used to provide passenger motor carrier services:

(1) pursuant to the appropriate license issued by the

commission; or

(2) in violation of this title.

(b) Return of vehicle.--The vehicle may be returned to the

registered owner upon satisfaction of all civil penalties

imposed against the transportation network company and the

driver of a confiscated vehicle and payment of the costs of the

commission associated with confiscation and impoundment. Failure

to pay fines, penalties and costs may result in forfeiture and

sale of the vehicle.

regulation or order the following:

(1) grounds for confiscation, impoundment or sale;

(2) procedures for satisfaction of outstanding fines,

penalties and costs and notice and hearing; and

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(3) if the fines, penalties and costs are not timely

paid, the timing of the sale and the allocation of proceeds

from the sale of impounded vehicles.

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

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:

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* * *

(x) A transportation network company or a

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.

2603.1. Financial responsibility requirements.

2603.2. Disclosures.

2604. Service standards and requirements.

2604.1. Licensure requirements.

2604.2. Records.

2604.3. Discrimination in service.

2604.4. Dual motor carriers.

2604.5. Lienholder requirements.

2605. Transportation network company drivers.

2606. Personal vehicle requirements.

2607. Rates and forms of compensation.

2608. Nondisclosure of passenger information.

2609. Fines and penalties.

2610. Commission costs.

2611. 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:

"Driver." A transportation network company driver.

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"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) Ridesharing.-- A transportation network company may not

be considered 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."

(b) Other sources.--A company or service that connects an

individual through a digital network for the purpose of

transportation to a common destination when the transportation

service does not include the services of a driver or where a

driver is compensated only for actual expenses incurred for

rental, lease or fuel costs of the vehicle.

be deemed to control, direct or manage the personal vehicles of

transportation network company drivers that connect to a

transportation network company's network.

§ 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:

(1) This title, except that the commission may regulate

transportation network companies under Chapters 3 (relating

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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. If a

subject is regulated under this chapter in addition to

another chapter under this paragraph, this chapter shall

apply.

(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 2604.1(b)(8) (relating to licensure requirements).

(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.

§ 2603.1. Financial responsibility requirements.

(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 passengers for compensation and covers

the driver:

(i) while the driver is logged on to the digital

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network; or

(ii) while the driver is engaged in a prearranged

ride.

(2) Unless otherwise required by order or regulation of

the commission, the following automobile insurance

requirements shall apply to the transportation network

company driver or the transportation network company on the

driver's behalf while a participating transportation network

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

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

(3) Unless otherwise required by order or regulation of

the commission, 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

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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 passengers and pedestrians on a per-

incident basis for incidents involving a transportation

network company driver's operation of a personal vehicle

while engaged in a prearranged ride.

(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

(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's insurer shall have the duty

to defend such claim.

(5) Coverage under an automobile insurance policy

maintained by the transportation network company shall be

primary and 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) The automobile liability insurance required under

paragraphs (2), (3), (4) and (5) shall be evidenced by the

filing of a certificate of insurance. The certificate of

insurance must be filed by the insurance carrier and must be

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in the form specified by the commission by order or

regulation.

(7) Insurance required under this subsection may be

placed with an insurer that has obtained a certificate of

authority 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.

(8) 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).

(9) A transportation network company driver shall carry

proof of coverage satisfying paragraphs (2) and (3) when the

driver uses a vehicle in connection with a digital network.

In the event of an accident, a transportation network company

driver shall provide the proof of insurance coverage to the

directly interested parties, automobile insurers and

investigating police officers under 75 Pa.C.S. § 1786

(relating to required financial responsibility). 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.

(10) It shall be the sole and exclusive responsibility

of a transportation network company to ensure that commercial

liability coverage required under this section is in force

prior to permitting a transportation network company driver

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to provide transportation network service.

(b) 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

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;

(v) collision physical damage coverage; and

(vi) first-party medical benefits required under 75

Pa.C.S. § 1711.

(2) Notwithstanding any requirement under 75 Pa.C.S. Ch.

17, exclusions under paragraph (1) shall apply. Nothing in

this section shall require 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 passengers 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

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indemnify any claim expressly excluded under the coverage.

Nothing in this section shall be deemed to invalidate or

limit an exclusion contained in a personal insurance 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

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 logged

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).

§ 2603.2. Disclosures.

(a) Requirement.--A disclosure under this section shall be

provided in writing to all transportation network company

drivers prior to the designation of an individual as a

transportation network company driver. Transportation network

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companies shall retain written or electronic verification

records of the receipt of disclosures required under this

section by the transportation network driver.

(b) Insurance and lienholder disclosures.--The

transportation network company shall provide the following

disclosures:

(1) 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 vehicle in connection with a digital

network.

(2) Notice that the terms of the transportation network

company driver's own automobile insurance policy might not

provide any coverage while the driver is logged on to the

digital network and available to receive transportation

requests or is engaged in a prearranged ride.

(3) If a transportation network company driver does not

have the type of policy required under section 2603.1

(relating to financial responsibility requirements), notice

that the transportation network company will provide all

required insurance.

(4) The accident protocol required under section 2605(b)

(5) (relating to transportation network company drivers).

(5) Notice of lienholder requirements under section

2604.5 (relating to lienholder requirements).

(6) Notice that the driver must notify the following:

(i) The driver's auto insurance company that the

driver will be using the vehicle to provide services

under this chapter.

(ii) If the driver will not be using a vehicle owned

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by the driver, the disclosures under paragraphs (b)(1),

(2) and (3) shall be provided to the owner of the

vehicle.

§ 2604. Service standards and requirements.

(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) A license under this chapter shall not act as a

certificate of public convenience under Chapter 11 (relating

to certificates of public convenience). The commission shall

provide for all licensure regulation, policies and orders

necessary to regulate transportation network services under

this chapter and to enforce the provisions of this chapter,

including all of the following:

(i) Rights, privileges and duties of transportation

network companies and drivers.

(ii) Suspension, revocation or renewal requirements

for transportation network companies.

(iii) Conditions on a license necessary to ensure

compliance with this chapter and the laws of this

Commonwealth.

(iv) Regulations and orders relating to procedures

for customers to file complaints with the commission.

(b) Motor carriers.--A motor carrier that provides call and

demand services in accordance with a certificate of public

convenience may apply to the commission to obtain a license to

provide transportation network services in accordance with

regulations and orders of the commission. The license shall

authorize the motor carrier to dispatch either a call and demand

20150SB0984PN1220 - 18 -

vehicle or driver to provide service in its authorized service

territory.

§ 2604.1. Licensure requirements.

(a) Application.--An application for a license under this

chapter must be made to the commission in writing, be verified

by oath or affirmation of an officer of the applicant and be in

a form and contain information required by the commission,

including the following:

(1) Proof that the transportation network company is

licensed to do business in this Commonwealth.

(2) Proof that the transportation network company

maintains a registered agent in this Commonwealth.

(3) Proof that the transportation network company

maintains a website that includes the information required

under subsection (b)(10).

(4) Proof that the transportation network company has

secured the insurance policies required under and otherwise

complied with section 2603.1 (relating to financial

responsibility requirements) in the form of a certificate of

insurance.

(5) A license shall be issued to a transportation

network company applicant if the commission determines that

the applicant will comply with this chapter and any

conditions imposed by the commission and meets all the

requirements of subsection (b). The commission may impose

conditions that are reasonably related to a licensee's

obligations as set forth in this chapter.

(6) Proof that the transportation network company meets

all the requirements of subsection (b).

(b) Requirements.--An applicant seeking a license under this

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

and maintenance of a license:

(1) Establish and maintain the following:

(i) An agent for service of process in this

Commonwealth.

(ii) A website that provides a customer service

telephone number or e-mail address of the transportation

network company and the telephone number and e-mail

address of the commission.

(iii) Records required under this chapter at a

location within this Commonwealth and make them available

for inspection by the commission upon request as

necessary for the commission to investigate complaints.

(2) Maintain accurate records of each transportation

network company driver providing transportation network

services and the vehicles used to provide the service for no

less than three years or for another period as determined by

the commission. Records retained under this paragraph must

include:

(i) Current personal automobile insurance

information.

(ii) Criminal history records checks.

(iii) Driving record checks.

(iv) Vehicle registration and proof of vehicle

inspections.

(v) Records of consumer complaints.

(vi) Records of suspension or deactivation of

drivers.

(vii) Records of disclosures required to be provided

to drivers under this chapter.

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(3) Maintain vehicle records, including the make, model

and license plate number of each personal vehicle used by a

transportation network company driver to provide

transportation network service.

(4) 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 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 complete. The following information shall be

provided on a transportation network company's publicly

accessible Internet website:

(i) Notice of the zero-tolerance policy.

(ii) Procedures to report a complaint about a

transportation network company driver with whom the

passenger was matched and whom the passenger reasonably

suspects was under the influence of drugs or alcohol

during the course of the ride.

(5) 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 a source

review of Federal and State criminal history background

checks. The transportation network company shall disqualify

an applicant convicted of certain crimes in accordance with

the following:

(i) An applicant convicted of any of the following

within the preceding seven years:

(A) Driving under the influence of drugs or

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alcohol.

(B) A felony conviction involving theft.

(D) A felony conviction for a violation of the

act of April 14, 1972 (P.L.233, No.64), known as The

Controlled Substance, Drug, Device and Cosmetic Act.

(ii) The applicant has been convicted of any of the

following at any time:

(A) A sexual offense under 42 Pa.C.S. §

9799.14(c) or (d) (relating to sexual offenses and

tier system) or a comparable military offense or

similar offense under the laws of another

jurisdiction or under a former law of this

Commonwealth.

(B) Use of a motor vehicle to commit a felony.

(D) A crime of violence as defined in 18 Pa.C.S.

§ 5702 (relating to definitions).

(E) An act of terror.

(6) Obtain and review, prior to permitting a person to

act as a transportation network company driver on its digital

network, a driving history 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

20150SB0984PN1220 - 22 -

network company driver. The Department of Transportation

shall provide driving records to transportation network

companies or the company's designated agent.

(7) Establish a driver training program designed to

ensure that each driver understands safety and driving

requirements. The program shall be administered prior to the

driver being permitted to offer transportation network

services through the transportation network company's

platform. The program may be provided online.

(8) Display, on the digital network, a picture of 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.

(9) Maintain insurance as required under section 2603.1

as memorialized by the filing of the appropriate insurance

certifications with the commission.

(10) Establish and maintain a publicly accessible

Internet website that provides:

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

address.

(ii) The telephone number to file a consumer

complaint with the commission.

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

regarding the reporting of motor carrier accidents for any

accidents involving a personal vehicle. Accident reports

shall be maintained for a period of three years from the date

of the accident.

(12) Maintain verifiable records regarding its

operations and obligations under this chapter for a minimum

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period of three years or as may be required by the commission

by regulation or order.

(13) Provide written notice to a driver of the scope and

levels of insurance coverage required under section 2603.1.

(14) Provide to transportation network company drivers a

placard or decal for the vehicle that has been approved by

the commission. The decal shall be displayed at any time the

driver anticipates offering or is providing a prearranged

ride under this chapter.

§ 2604.2. 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 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.

§ 2604.3. 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 unlawfully discriminate

against a prospective passenger or unlawfully refuse to provide

service to a certain class of passengers or certain localities.

§ 2604.4. Dual motor carriers.

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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

personal vehicle driven by a transportation network company

driver to provide service in its authorized service territory.

§ 2604.5. Lienholder requirements.

If the vehicle utilized by a transportation network company

driver is subject to a lien and the lienholder requires

comprehensive and collision insurance in the lien agreement, the

transportation network company shall notify the driver that

using the vehicle to provide transportation network service may

violate the terms of the contract with the lienholder.

§ 2605. 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) Submit to a criminal history record check and an

appropriate driving history record check as specified in

section 2604.1 (relating to licensure requirements).

(3) Possess a valid driver's license and proof of the

driver's motor vehicle insurance.

(4) Carry proof, either a paper copy or electronic copy,

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of the transportation network company's liability insurance

required under section 2603.1(b) (relating to financial

responsibility requirements) for any vehicle used by the

driver.

(5) 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.

(iii) Report the accident to the following:

(A) the transportation network company driver's

personal automobile insurer;

(B) the owner of the automobile if the driver is

not the owner of the automobile; and

under section 2603.1.

(6) Notify the transportation network company

immediately upon conviction for any offense listed under

section 2604.1(b)(6) or (7) which would disqualify the

transportation network company driver from being eligible to

provide transportation network service.

(7) Only accept a ride arranged through a digital

network and not solicit or accept street hails or telephone

calls requesting transportation network service.

(8) Display a removable placard or decal provided by the

transportation network company that has been approved by the

commission on the automobile at any time the driver

20150SB0984PN1220 - 26 -

anticipates offering or is offering or providing a

prearranged ride under this chapter.

(1) A driver shall provide affirmation to the

transportation network company of the following:

(i) That the driver is the owner or authorized user

of the vehicle.

(ii) That the driver has notified the driver's

personal insurance company that the driver will be using

the vehicle to provide transportation network services to

the public for compensation.

(iii) If the driver will not be using a vehicle

owned by the driver, that the driver has notified the

owner of the vehicle.

(iv) That the driver has received notification of

all requirements under subsection (b) and has complied

with those requirements.

(2) The affirmation required under paragraph (1) may be

in a written or an electronic form and include the driver's

signature.

§ 2606. Personal vehicle requirements.

(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.

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(b) Vehicle requirements.--No vehicle being used to provide

transportation network service may be older than 10 model years

old or 12 model years if the vehicle is an alternative fuel

vehicle as defined in section 2 of the act of November 29, 2004

(P.L.1376, No.178), known as the Alternative Fuels Incentive

Act, and has been driven no more than 350,000 miles. The

commission may adjust the requirements of this subsection by

regulation or order. 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, clearly visible from the outside of

the vehicle shall be acceptable.

(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. For a vehicle registered outside this Commonwealth,

proof of inspection must be obtained from the Department of

Transportation or from the appropriate agency in the state in

which the vehicle is inspected.

(2) The transportation network company shall ensure that

its drivers' vehicles remain in continuous compliance with

this section and the commission's vehicle standards and are

subject to periodic inspections according to Department of

Transportation inspection standards.

(3) A commission officer may inspect a personal vehicle

if there is reason to believe that the vehicle is not in

compliance with the commission's vehicle standards to ensure

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compliance with this section.

§ 2607. Rates and forms of compensation.

(a) Passenger receipt.--Upon completion of transportation

under this chapter, each transportation network company shall

transmit an electronic receipt to the passenger's e-mail address

or account on a digital network documenting:

(1) The origination, destination, mileage and time

estimated of the trip.

(2) The driver's first name.

(3) 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 prior to providing an arranged ride.

provide estimates upon request for the cost of a trip.

(d) Limitation.--When a state of disaster emergency is

declared under 35 Pa.C.S. § 7301 (relating to general authority

of Governor), pricing for a transportation network service

within the geographic region that is the subject of the

declaration must comply with the act of October 31, 2006

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

(e) Review.--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

20150SB0984PN1220 - 29 -

systems).

§ 2608. Nondisclosure of passenger information.

A transportation network company shall not disclose to a

third party any personally identifiable or financial information

of a transportation network company passenger unless one of the

following applies:

(1) The customer knowingly consents.

(2) The information is disclosed under subpoena, court

order or other legal obligation.

(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

those terms. In addition to the foregoing, a transportation

network company shall be permitted to share a passenger's

name or telephone number with the transportation network

company driver providing transportation network company

service to the passenger in order to facilitate correct

identification of the passenger by the transportation network

company driver or to facilitate communication between the

passenger and the transportation network company driver.

§ 2609. Fines and penalties.

The commission may, after notice and opportunity to be heard,

impose civil fines, penalties, license suspensions and

revocations and other appropriate remedies for violations of

this chapter and commission regulations and orders.

§ 2610. Commission costs.

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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 company

and, for purposes of assessment only, may be grouped with other

utilities furnishing the same kind of service. The

transportation network company shall report annually to the

commission the gross intrastate receipts derived from all fares

charged to customers for the provision of transportation network

service regardless of the entity that collects the revenues.

Gross intrastate receipts under this section shall also include

amounts paid to a parking authority in a city of the first class

under section 2611(e) (relating to city of the first class).

§ 2611. City of the first class.

(a) Authority.--Beginning 30 days after the effective date

of this section, transportation network companies that have been

licensed by the commission may operate in a city of the first

class.

(b) Enforcement.--The parking authority of the city of the

first class shall enforce the following provisions relating to

transportation network company drivers providing rides that

originate in the city of the first class:

(1) Driving without a valid driver's license and proof

of motor vehicle insurance as required under section 2605(b)

(3) (relating to transportation network company drivers).

(2) Failure to carry proof of the transportation network

company's liability insurance under section 2605(b)(4).

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(3) Failure to report an accident in accordance with

section 2605(b)(5).

(4) A violation of section 2605(b)(7).

(5) Failure to display a placard or decal under section

2605(b)(8).

(6) A violation of section 2605.

(7) Failure to comply with inspection requirements under

75 Pa.C.S. Ch. 47 Subch. A (relating to inspection

requirements).

(8) A violation of subsection (g).

first class may adopt regulations relating to enforcement under

subsection (b). The regulations shall apply to trips originating

in a city of the first class and not exceed the provisions of

this section regarding duties and responsibilities of the

transportation network company, its drivers or vehicles utilized

by transportation network company drivers.

(d) Report of violations.--If the parking authority of the

city of the first class determines that violations by the

transportation network company have occurred, the authority may

file a complaint with the commission relating to violations of

transportation network company license requirements under this

chapter.

(e) Assessment.--A transportation network company operating

in a city of the first class shall pay to that city's parking

authority an amount equal to 0.5% of the actual amount charged

to all passengers for prearranged rides that originate in the

city of the first class. The amount assessed shall be remitted

on a quarterly basis. Revenues of the transportation network

company shall not be part of the commission's assessment under

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section 2610 (relating to commission costs).

(f) Reporting.--Each transportation network company that

collects money under subsection (e) shall report to the parking

authority of the city of the first class on a quarterly basis

all amounts collected and remitted to the parking authority. The

initial report shall be transmitted no later than March 30,

2016, and every March 30 quadrennially thereafter.

(g) Prohibition.--A transportation network company driver

operating in a city of the first class shall not solicit or

accept a prearranged ride at any of the following locations:

(1) A designated taxi stand, no stopping or standing

zone or other area where a personal vehicle may not enter at

an international airport owned by the city of the first class

and located in whole or in part in the city of the first

class.

(2) A designated taxi stand, no stopping or standing

zone or other area where a personal vehicle may not enter at

a train station owned by AMTRAK located in the city of the

first class.

(3) Organized lines of taxis at hotels utilized to

provide services to patrons and visitors at the hotel.

(h) Penalties and enforcement.--The following shall apply:

(1) If the Philadelphia Parking Authority has evidence

that the appropriate assessment amount is not being remitted

under subsection (e), it shall file a complaint with the

commission. The commission shall investigate the matter and

determine if the appropriate amount was transmitted.

(2) A driver found by the parking authority to be in

violation of this section shall be subject to a fine of not

more than $500 per occurrence for a first or second offense

20150SB0984PN1220 - 33 -

and not more than $1,000 for a third or subsequent offense.

(3) For a third or subsequent offense, the matter shall

be referred to the transportation network company. If the

transportation network company does not remove the offender's

authorization to be a transportation network company driver,

the parking authority may file a complaint with the

commission.

(4) The parking authority of a city of the first class

may confiscate a personal vehicle if the vehicle is used to

provide passenger motor carrier services in violation of

section 2605(b)(7) or (8). The vehicle may be returned to the

registered owner upon satisfaction of all civil penalties

imposed against the driver of a confiscated vehicle and

payment of the costs of the authority. Failure to pay fines,

penalties and costs may result in forfeiture and sale of the

vehicle, after notice and hearing.

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

20150SB0984PN1220 - 34 -

(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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