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PRIOR PRINTER'S NOS. 1220, 1374
PRINTER'S NO. 1440
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
AS AMENDED ON SECOND CONSIDERATION, NOVEMBER 23, 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 AND FOR CERTIFICATE OF
PUBLIC CONVENIENCE REQUIRED; 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 motor carrier regulations and 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:
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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 1.1. SECTION 5741(C) OF TITLE 53 IS AMENDED TO READ:
§ 5741. CERTIFICATE OF PUBLIC CONVENIENCE REQUIRED.
* * *
(C) RESTRICTIONS.--
(1) CERTIFICATES ISSUED PURSUANT TO THIS SUBCHAPTER
SHALL BE NONTRANSFERABLE UNLESS A TRANSFER IS APPROVED BY THE
AUTHORITY.
(2) A LIMOUSINE SERVICE PROVIDER OPERATING PURSUANT TO
AN AUTHORITY-ISSUED CERTIFICATE OF PUBLIC CONVENIENCE AND A
FILED TARIFF PERMITTING THE LIMOUSINE SERVICE PROVIDER TO
CHARGE MILEAGE-BASED RATES ON THE EFFECTIVE DATE OF THIS
PARAGRAPH SHALL BE PERMITTED TO CONTINUE TO CHARGE MILEAGE-
BASED RATES AND TO BE REGULATED IN THE SAME MANNER AS
TRADITIONAL LIMOUSINE SERVICE PROVIDERS.
* * *
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
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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.
"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.
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(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.
"Dual motor carrier." A call and OR demand carrier operating
under a certificate of public convenience and providing
transportation network services pursuant to a license from the
commission . OPERATING IN THIS COMMONWEALTH. THE TERM INCLUDES A
COMMON CARRIER, COMMON CARRIER BY MOTOR VEHICLE OR MOTOR
CARRIER, THAT USES A DIGITAL NETWORK TO FACILITATE PREARRANGED
RIDES.
"Dual motor carrier driver." An individual who:
(1) receives connections to potential dual motor carrier
passengers in exchange for payment of a fee to the dual motor
carrier; and
(2) uses a personal vehicle to offer or provide a
prearranged ride to dual motor carrier passengers.
* * *
"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
transportation network company driver; and
(2) not:
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"PERSONAL VEHICLE." AS FOLLOWS:
(1) A VEHICLE THAT IS USED BY A TRANSPORTATION NETWORK
COMPANY DRIVER AND IS OWNED, LEASED OR OTHERWISE AUTHORIZED
FOR USE BY THE TRANSPORTATION NETWORK COMPANY DRIVER.
(2) THE TERM DOES NOT INCLUDE:
(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 , except a call and demand
carrier authorized to utilize a digital network through a
license as a transportation network company under Chapter
26 (relating to transportation network service) ;
(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 TRANSPORTATION
NETWORK COMPANY DRIVER TO A PASSENGER, BEGINNING WHEN A
TRANSPORTATION NETWORK COMPANY DRIVER accepts a ride requested
by a passenger through a digital network, continuing while the
driver transports a requesting THE passenger and ending when the
last requesting passenger departs from the personal vehicle. A
prearranged ride does not include:
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(1) transportation provided using a call or demand
service or limousine service as defined under 53 Pa.C.S. §
5701 (relating to definitions) unless the service is provided
by a dual motor carrier under a license issued by the
commission ;
(2) a common carrier, common carrier by motor vehicle or
motor carrier , UNLESS THE SERVICE IS PROVIDED BY A DUAL MOTOR
CARRIER ;
(3) a broker or contract carrier by motor vehicle as
defined under section 2501 (relating to declaration of policy
and definitions) 2501(B) ; or
(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.
(4) If rides are initiated in a city of the first class,
obtains a certificate to operate from the parking authority
of the city of the first class.
"TRANSPORTATION NETWORK COMPANY." AS FOLLOWS:
(1) A PERSON THAT MEETS ALL OF THE FOLLOWING:
(I) IS LICENSED BY THE COMMISSION.
(II) OPERATES IN THIS COMMONWEALTH.
(III) USES A DIGITAL NETWORK TO FACILITATE
PREARRANGED RIDES.
(IV) IF RIDES ARE INITIATED IN A CITY OF THE FIRST
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CLASS, OBTAINS A CERTIFICATE TO OPERATE FROM THE PARKING
AUTHORITY OF THE CITY OF THE FIRST CLASS.
(2) DUAL MOTOR CARRIERS LICENSED BY THE COMMISSION UNDER
SECTION 2604 (RELATING TO LICENSES, CERTIFICATES AND
REGULATIONS) THAT USE 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 ,
INCLUDING A DUAL MOTOR CARRIER LICENSED BY THE COMMISSION, 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 A PREARRANGED RIDE .
(ii) 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
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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 vehicle and impound and sell a vehicle if the
vehicle is used to provide passenger motor carrier services A
PREARRANGED RIDE following disqualification under section
2609(b) (relating to fines and penalties) or suspension or
revocation of a transportation network company's license under
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.
(c) Commission duties.--The commission shall establish by
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
(3) if the fines, penalties and costs are not timely
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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 chapters to read:
CHAPTER 24
MOTOR CARRIER REGULATIONS
Sec.
2401. Regulation of taxis and limousines.
2402. Regulations.
2403. Lease to own.
2404. Limousines.
§ 2401. Regulation of taxis and limousines.
(a) Promulgation.--The commission shall, within 150 days of
the effective date of this section, promulgate temporary
regulations. The temporary regulations shall not be subject to
the following:
(1) Sections 201, 202, 203, 204 and 205 of the act of
July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law.
(2) Sections 204(b) and 301(10) of the act of October
15, 1980 (P.L.950, No.164), known as the Commonwealth
Attorneys Act.
(3) The act of June 25, 1982 (P.L.633, No.181), known as
the Regulatory Review Act.
(b) Expiration.--The temporary regulations under subsection
(a) shall expire upon the promulgation of final-form regulations
or two years following the effective date of this section,
whichever is earlier.
§ 2402. Regulations.
The temporary regulations under section 2401 (relating to
regulation of taxis and limousines) shall address all of the
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following:
(1) The use of log sheets and manifests, including the
storage of information on digital or other electronic
devices.
(2) Metering addressing the use of a variety of
technologies.
(3) Vehicles' age and mileage, including procedures to
petition for exceptions to age and mileage standards.
(4) Marking of taxis, including advertising.
(5) The operation of lease-to-own taxi and limousine
equipment.
(6) Taxi tariffs, including rate and tariff change
procedures for both meters and digital platforms. Regulations
shall address cancellations, no-shows and cleaning fees.
Regulations shall reflect reduced or flexible rates and
tariffs as appropriate.
(7) Limousine tariffs, including rate and tariff change
procedures. Regulations shall reflect reduced or flexible
rates and tariffs as appropriate.
(8) Driver requirements, including criminal history
background check requirements and driving record
requirements.
(9) Vehicle requirements, including compliance with
environmental, cleanliness, safety and customer service
standards, including special safety requirements for
children.
(10) Requirements for continuous service and exceptions
for unexpected demand and personal health and safety.
(11) Insurance requirements for taxis, limousines and
dual motor carriers. The commission shall take into
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consideration the amount required for dual motor carriers.
§ 2403. Lease to own.
(a) Insurance.--A taxi or limousine service may enter into
conditional lease or sale agreements with drivers of a vehicle
if the taxi or limousine service does the following:
(1) Provides required levels of insurance on the
vehicle.
(2) Ensures that the vehicle is subjected to and
complies with all vehicle inspection requirements.
(3) Ensures that the driver complies with all the
requirements of this title.
(b) Responsibility.--The taxi or limousine service shall not
be required to provide insurance to a driver who completes
purchase of the vehicle and who no longer provides driver
services to the taxi or limousine company.
§ 2404. Limousines.
Any limousine service provider operating pursuant to an
authority issued certificate of public convenience and a filed
tariff permitting the limousine service provider to charge
mileage-based rates on the effective date of this section shall
be permitted to continue to charge mileage-based rates and to be
regulated in the same manner as traditional limousine service
providers.
CHAPTER 26
TRANSPORTATION NETWORK SERVICE
Sec.
2601. Definitions.
2602. Exclusions.
2603. Applicability of certain laws and prohibition.
2603.1. Financial responsibility requirements.
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2603.2. Disclosures.
2604. Service standards and requirements LICENSES, CERTIFICATES
AND REGULATIONS .
2604.1. Licensure requirements.
2604.2. Records.
2604.3. Discrimination in service.
2604.4. Dual motor carrier authority .
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:
"AUTHORITY." A PARKING AUTHORITY OF A CITY OF THE FIRST
CLASS.
"Driver." A transportation network company driver.
"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
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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 TRANSPORTATION NETWORK COMPANY MAY NOT
BE CONSIDERED 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.
(c) Limitation.--A transportation network company shall not
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 UNDER
THIS CHAPTER , 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
to public utility commission), 5 (relating to powers and
duties), 7 (relating to procedure on complaints), 15
(relating to service and facilities) 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).
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(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 when:
(i) the driver is logged on to the digital network;
and
(ii) 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
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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 , including $25,000
for passengers and pedestrians and $5,000 for a driver.
(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) 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
provides at least $500,000 for death, bodily injury and
property damage.
(ii) First-party medical benefits as required by 75
Pa.C.S. § 1711 (RELATING TO REQUIRED BENEFITS ) 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, including $25,000
for passengers and pedestrians and $5,000 for a driver.
(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).
(3.1) Insurance NOTWITHSTANDING PARAGRAPHS (1), (2) AND
(3), INSURANCE required for dual motor carriers that are
transportation network company vehicles shall be the same as
rates INSURANCE COVERAGE for taxis. The commission may
increase the rate INSURANCE COVERAGE for dual motor carriers
and taxis, as appropriate.
(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 under this section 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 insurance required under this section
BY A TRANSPORTATION NETWORK COMPANY UNDER PARAGRAPH (4) 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 in the form specified by the commission
by order or regulation.
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(7) Insurance required under this subsection may SHALL
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 automobile
insurance coverage required to be carried by the
transportation network company DRIVER under this section is
in force prior to permitting a transportation network company
driver to provide transportation network service.
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(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
subsection (a)(2)(ii) .
(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 paragraph (1) shall have no duty to defend or
indemnify any claim expressly excluded under the coverage.
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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).
(c) Waiver of liability prohibited.--
(1) A transportation network company or transportation
network company driver may not request or require a passenger
to sign a waiver of potential liability for a loss of
personal property or injury.
(2) A transportation network company may not request or
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require a transportation network company driver to sign a
waiver of potential liability for a loss of personal property
or injury as a condition of entering into a lease agreement .
(3) For the purposes of this subsection, signing a
waiver shall include requiring a prospective customer to
agree to the terms and conditions required to download a
digital application as a condition for obtaining
transportation network services.
§ 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
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
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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
and insured by the driver, the disclosures under
paragraphs (b)(1), (2) and (3) shall be provided to the
policyholder and to the owner of the vehicle.
§ 2604. Service standards and requirements LICENSES,
CERTIFICATES AND REGULATIONS .
(a) Requirements for transportation network
companies.--A transportation network company may not
operate in this Commonwealth unless it holds and maintains a
license issued by the commission.
(b) Certificate of public convenience.--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:
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(1) Rights, privileges and duties of transportation
network companies and drivers.
(2) Suspension, revocation or renewal requirements for
transportation network companies.
(3) Conditions on a license necessary to ensure
compliance with this chapter and the laws of this
Commonwealth.
(4) Regulations and orders relating to procedures for
customers to file complaints with the commission.
(5) Regulations and orders adopted by the commission
relating to accessibility for individuals with mental or
physical disabilities.
§ 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
registered with the Department of State 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
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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
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:
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(i) Current RECORDS OF ADEQUATE personal automobile
insurance information .
(ii) Criminal history records checks.
(iii) Driving record checks.
(iv) Vehicle registration and proof of vehicle
inspections. VALID DRIVER'S LICENSE AND 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.
(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
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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
alcohol.
(B) A felony conviction involving theft.
(C) A felony conviction for fraud.
(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 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.
(C) Burglary or robbery.
(D) A crime of violence as defined in 18 Pa.C.S.
§ 5702 (relating to definitions).
(E) An act of terror.
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(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
network company driver. The Department of Transportation
shall provide driving records to transportation network
companies or the company's designated agent.
(7) Establish a AND PROVIDE driver training program
MATERIALS designed to ensure that each driver understands
safety and driving requirements. The program MATERIALS shall
be administered PROVIDED prior to the driver being permitted
to offer transportation network services through the
transportation network company's platform DIGITAL NETWORK .
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 certificates
of insurance with the commission.
(10) Establish and maintain a publicly accessible
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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
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 IS LOGGED ONTO THE DIGITAL
NETWORK 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
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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.
(a) General.--Where TRANSPORTATION NETWORK 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.
(b) Disabled individuals.--Each licensed transportation
network company must:
(1) Adopt a policy of nondiscrimination regarding
individuals with physical or mental disabilities in
accordance with this subsection. The following information
shall be provided on the transportation network company's
publicly accessible Internet website:
(i) Notice of the nondiscrimination policy.
(ii) Procedures to report a complaint to the
COMMISSION OR authority about a transportation network
company driver's alleged violation of this subsection.
(2) A transportation network company driver must
transport a service animal when accompanying a passenger with
a physical or mental disability for no additional charge
unless the transportation network company driver has a
documented medical allergy on file with the transportation
network company.
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(3) A transportation network company may not impose
additional charges for service to an individual with a
physical or mental disability.
(4) A transportation network company shall provide
passengers with physical or mental disabilities requiring the
use of mobility equipment an opportunity to indicate on its
digital network whether they require a wheelchair accessible
vehicle. A transportation network company or an affiliated
entity must facilitate transportation service for passengers
who require a wheelchair-accessible vehicle by doing one of
the following:
(i) connecting the passenger to an available
transportation network company driver or other driver
operating a wheelchair-accessible vehicle; or
(ii) directing the passenger to a holder of a
certificate of public convenience issued by the
commission or the authority to provide call or demand
service with the ability to dispatch wheelchair-
accessible vehicle to the passenger.
§ 2604.4. Dual motor carrier authority .
A dual motor carrier that provides call and OR 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 OR 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 OR LEASE and the lienholder OR
LESSOR requires comprehensive and collision insurance in the
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lien OR LEASE agreement, the transportation network company
shall require NOTIFY the driver to provide an affidavit A SIGNED
DOCUMENT that affirms that the driver has the comprehensive and
collision insurance required by the lienholder OR LESSOR . The
affidavit DOCUMENT must be updated on an annual basis. The
transportation network company shall notify drivers in writing
whether it is providing comprehensive and collision coverage
during service.
§ 2605. Transportation network company drivers.
(a) Separate licenses prohibited.--A separate license may
not be required for a transportation network company driver to