Regular Session 2015-2016 Senate Bill 0984 P.N. 1753

HOUSE AMENDED

PRIOR PRINTER'S NOS. 1220, 1374, 1440

PRINTER'S NO. 1753

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 REPORTED FROM COMMITTEE ON CONSUMER AFFAIRS, HOUSE OF

REPRESENTATIVES, AS AMENDED, MAY 4, 2016

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; PROVIDING FOR TRANSPORTATION

NETWORK COMPANIES; 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

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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.

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(iii) Other paratransit service.

(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.

* * *

(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 1.2. TITLE 53 IS AMENDED BY ADDING A CHAPTER TO READ:

CHAPTER 57A

TRANSPORTATION NETWORK COMPANIES

SEC.

57A01. DEFINITIONS.

57A02. LICENSE REQUIRED.

57A03. APPLICATION.

57A04. QUALIFICATIONS FOR LICENSURE.

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57A05. LICENSE ISSUANCE AND APPEAL OF DENIAL.

57A06. LICENSE ENFORCEMENT.

57A06.1. APPEALS GENERALLY.

57A07. INSURANCE REQUIREMENTS.

57A08. VEHICLE OWNERSHIP AND STANDARDS.

57A09. VEHICLE INSPECTIONS.

57A10. DISTINCTIVE SIGNAGE.

57A11. TRANSPORTATION NETWORK SERVICE ACCESSIBILITY.

57A12. TRANSPORTATION NETWORK COMPANY DRIVERS.

57A13. INTOXICATING SUBSTANCE POLICY.

57A14. REPORTING REQUIREMENT.

57A15. DRIVER CREDENTIALS.

57A16. OPERATING REGULATIONS.

57A17. FARE RATES.

57A18. RECORDS AND REPORTS.

57A19. PENALTIES.

57A20. IMPOUNDMENT OF VEHICLES.

57A21. ENFORCEMENT AND RULES AND REGULATIONS.

57A22. TRANSPORTATION NETWORK SERVICE FUND.

§ 57A01. 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 ESTABLISHED AND INCORPORATED IN ACCORDANCE WITH 53 PA.C.S.

CH. 55 (RELATING TO PARKING AUTHORITIES).

"CITY." A CITY OF THE FIRST CLASS AS DEFINED BY THE ACT OF

JUNE 25, 1895 (P.L.275, NO.188), ENTITLED "AN ACT DIVIDING THE

CITIES OF THIS STATE INTO THREE CLASSES WITH RESPECT TO THEIR

POPULATION, AND DESIGNATING THE MODE OF ASCERTAINING AND

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CHANGING THE CLASSIFICATION THEREOF IN ACCORDANCE THEREWITH."

"DIGITAL NETWORK." AN 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.

"DYNAMIC PRICING." A TRANSPORTATION NETWORK COMPANY'S

PRACTICE OF ADJUSTING THE CALCULATION USED TO DETERMINE FARES AT

CERTAIN TIMES AND LOCATIONS IN RESPONSE TO THE SUPPLY OF

TRANSPORTATION NETWORK COMPANY DRIVERS OR DEMAND FOR

TRANSPORTATION NETWORK COMPANY DRIVERS' SERVICES.

"LICENSE." PROOF OF THE AUTHORITY'S APPROVAL AUTHORIZING A

TRANSPORTATION NETWORK COMPANY TO OPERATE A TRANSPORTATION

NETWORK COMPANY IN ACCORDANCE WITH THIS CHAPTER. THE TERM DOES

NOT INCLUDE A CERTIFICATE OF PUBLIC CONVENIENCE AS DESCRIBED

UNDER SECTION 5741 (RELATING TO CERTIFICATE OF PUBLIC

CONVENIENCE REQUIRED).

"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 SECTION 5701 (RELATING TO DEFINITIONS);

(II) A PARATRANSIT SERVICE REGULATED BY THE

PENNSYLVANIA PUBLIC UTILITY COMMISSION UNDER 52 PA. CODE

§§ 29.353 (RELATING TO METHOD OF OPERATION IN PARATRANSIT

SERVICE), 29.354 (RELATING TO VEHICLE AND EQUIPMENT

REQUIREMENTS: PARATRANSIT SERVICE) AND 29.355 (RELATING

TO TARIFF REQUIREMENTS); OR

(III) A VEHICLE OPERATED UNDER A RIDESHARING

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ARRANGEMENT OR BY A 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."

(3) A VEHICLE OPERATED IN A SHARED-EXPENSE ARRANGEMENT

WHERE AN INDIVIDUAL RECEIVES REIMBURSEMENT THAT DOES NOT

EXCEED THE ACTUAL COSTS INCURRED WHILE PROVIDING

TRANSPORTATION.

"PREARRANGED RIDE." THE PROVISION OF TRANSPORTATION BY A

TRANSPORTATION NETWORK COMPANY DRIVER TO A PASSENGER,

ORIGINATING IN A CITY AND BEGINNING WHEN A TRANSPORTATION

NETWORK COMPANY DRIVER ACCEPTS A RIDE REQUESTED BY A PASSENGER

THROUGH A DIGITAL NETWORK, CONTINUING WHILE THE DRIVER

TRANSPORTS THE PASSENGER AND ENDING WHEN THE LAST PASSENGER

DEPARTS FROM THE PERSONAL VEHICLE. FOR PURPOSES OF THIS CHAPTER,

A PREARRANGED RIDE DOES NOT INCLUDE:

(1) TRANSPORTATION PROVIDED USING A CALL OR DEMAND

SERVICE OR LIMOUSINE SERVICE AS DEFINED UNDER SECTION 5701

(RELATING TO DEFINITIONS);

(2) PARATRANSIT SERVICE REGULATED BY THE PENNSYLVANIA

PUBLIC UTILITY COMMISSION UNDER 52 PA. CODE §§ 29.353

(RELATING TO METHOD OF OPERATION IN PARATRANSIT SERVICE),

29.354 (RELATING TO VEHICLE AND EQUIPMENT REQUIREMENTS:

PARATRANSIT SERVICE) AND 29.355 (RELATING TO TARIFF

REQUIREMENTS);

(3) 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

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SHALL BE INAPPLICABLE TO RIDESHARING ARRANGEMENTS"; OR

(4) A SHARED-EXPENSE ARRANGEMENT WHERE AN INDIVIDUAL

RECEIVES REIMBURSEMENT THAT DOES NOT EXCEED THE ACTUAL COSTS

INCURRED WHILE PROVIDING TRANSPORTATION.

"TRANSPORTATION NETWORK COMPANY" OR "TNC." A PERSON OR

ENTITY THAT OBTAINS A LICENSE TO OPERATE A TRANSPORTATION

NETWORK SERVICE BY THE AUTHORITY AND USES A DIGITAL NETWORK TO

FACILITATE PREARRANGED RIDES.

"TRANSPORTATION NETWORK COMPANY DRIVER" OR "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.

(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.

THE TERM SHALL NOT INCLUDE AN INDIVIDUAL WHO RECEIVES

REIMBURSEMENT THAT DOES NOT EXCEED THE ACTUAL COSTS INCURRED

WHILE PROVIDING TRANSPORTATION.

"TRANSPORTATION NETWORK COMPANY PASSENGER" OR "PASSENGER." A

PERSON WHO USES A DIGITAL NETWORK TO CONNECT WITH A

TRANSPORTATION NETWORK COMPANY DRIVER WHO PROVIDES PREARRANGED

RIDES TO THE PASSENGER IN THE DRIVER'S PERSONAL VEHICLE.

"TRANSPORTATION NETWORK SERVICE" OR "SERVICE." AS FOLLOWS:

(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 A

PREARRANGED RIDE.

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(II) IS CHARACTERIZED BY A TRANSPORTATION NETWORK

COMPANY DRIVER OFFERING OR PROVIDING A PREARRANGED RIDE

TO A PASSENGER.

(III) ORIGINATES WITHIN THE CITY.

(IV) IS RENDERED ON AN EXCLUSIVE BASIS.

FOR PURPOSES OF THIS PARAGRAPH, THE TERM "EXCLUSIVE

BASIS" MEANS A TRANSPORTATION NETWORK SERVICE ON A GIVEN

PREARRANGED RIDE WHEN EACH INDIVIDUAL, PARTY OR GROUP MAY

NOT BE REQUIRED TO RIDE WITH ANOTHER PASSENGER ON THAT

PREARRANGED RIDE UNLESS THE INDIVIDUAL, PARTY OR GROUP

CONSENTS TO ADDITIONAL PASSENGERS ON THE PREARRANGED

RIDE.

(2) THE TERM INCLUDES THE PERIODS WHEN:

(I) A DRIVER IS LOGGED ONTO A TRANSPORTATION NETWORK

COMPANY'S DIGITAL NETWORK AND AVAILABLE FOR SERVICE.

(II) A DRIVER IS CONDUCTING A PREARRANGED RIDE.

"WHEELCHAIR-ACCESSIBLE VEHICLE." A VEHICLE THAT CAN

ACCOMMODATE AT LEAST ONE PERSON IN A WHEELCHAIR WITHOUT THE

PERSON HAVING TO TRANSFER FROM THE WHEELCHAIR TO ANOTHER SEAT

AND THAT MEETS REQUIREMENTS ESTABLISHED UNDER THE AMERICANS WITH

DISABILITIES ACT OF 1990 (PUBLIC LAW 101-336, 104 STAT. 327) OR

REQUIREMENTS THAT ARE A FUNCTIONAL EQUIVALENT AND APPROVED BY

THE AUTHORITY, OR BOTH.

§ 57A02. LICENSE REQUIRED.

(A) GENERAL RULE.--NO PERSON SHALL ENGAGE IN THE BUSINESS OF

A TRANSPORTATION NETWORK COMPANY WITHOUT A LICENSE ISSUED BY THE

AUTHORITY UNDER THIS CHAPTER.

(B) PERSONAL VEHICLE PROHIBITED.--NO PERSONAL VEHICLE SHALL

BE USED TO PROVIDE TRANSPORTATION NETWORK SERVICE IN THE CITY

EXCEPT BY A DRIVER AFFILIATED WITH A TRANSPORTATION NETWORK

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COMPANY LICENSED BY THE AUTHORITY UNDER THIS CHAPTER.

AFFILIATED WITH A COMPANY OPERATING IN THIS COMMONWEALTH

PURSUANT TO A LICENSE ISSUED BY THE PUBLIC UTILITY COMMISSION OR

WITH A COMPANY THAT AUTHORIZES DRIVERS TO OPERATE IN ANY OTHER

MUNICIPALITY, STATE OR OTHER POLITICAL SUBDIVISION MAY COME INTO

THE CITY TO DISCHARGE PASSENGERS WHOSE TRIP ORIGINATED OUTSIDE

OF THE CITY.

(D) REGULATORY JURISDICTION.--THE AUTHORITY SHALL HAVE

EXCLUSIVE REGULATORY JURISDICTION OVER TRANSPORTATION NETWORK

SERVICE ORIGINATING IN THE CITY AND MAY ADOPT RULES AND

REGULATIONS AS AUTHORIZED UNDER SECTION 57A21(C) (RELATING TO

ENFORCEMENT AND RULES AND REGULATIONS). THE AUTHORITY IS

EMPOWERED TO ISSUE, SUSPEND, CANCEL OR REVOKE TRANSPORTATION

NETWORK COMPANY LICENSES OR ISSUE AN ORDER REQUIRING

DISQUALIFICATION OF A DRIVER IN ACCORDANCE WITH SECTION 57A19

(RELATING TO PENALTIES). THE AUTHORITY SHALL BE AUTHORIZED TO

INSPECT, AUDIT AND INVESTIGATE ANY RECORDS OF THE TRANSPORTATION

NETWORK COMPANY AS NECESSARY TO ENSURE COMPLIANCE WITH THIS

CHAPTER IN ACCORDANCE WITH SECTION 57A18 (RELATING TO RECORDS

AND REPORTS). INFORMATION DISCLOSED TO THE AUTHORITY 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.

§ 57A03. APPLICATION.

(A) GENERAL RULE.--IN ADDITION TO THE POWERS CONFERRED UPON

THE AUTHORITY BY OTHER PROVISIONS OF THIS TITLE, THE AUTHORITY

IS EMPOWERED TO ISSUE, SUSPEND, CANCEL OR REVOKE LICENSES IN

ACCORDANCE WITH THIS CHAPTER AND ORDERS OR REGULATIONS OF THE

AUTHORITY.

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(B) APPLICATION.--AN APPLICATION FOR A LICENSE UNDER THIS

TITLE SHALL BE MADE TO THE AUTHORITY IN WRITING, BE VERIFIED BY

OATH OR AFFIRMATION AND BE IN SUCH FORM AND CONTAIN SUCH

INFORMATION AS THE AUTHORITY MAY REQUIRE IN ACCORDANCE WITH THIS

CHAPTER. EACH APPLICATION SHALL CONTAIN:

(1) IF THE LICENSE APPLICANT IS AN INDIVIDUAL:

(I) THE INDIVIDUAL'S FULL NAME, SOCIAL SECURITY

NUMBER, RESIDENCE ADDRESS, BUSINESS ADDRESS, BUSINESS E-

MAIL ADDRESS AND BUSINESS TELEPHONE NUMBER.

(II) PROOF THAT THE APPLICANT IS AT LEAST 18 YEARS

OF AGE.

(2) IF THE LICENSE APPLICANT IS A CORPORATION:

(I) THE CORPORATE NAME, BUSINESS ADDRESS AND

TELEPHONE NUMBER OF THE APPLICANT.

(II) THE DATE AND STATE OF INCORPORATION.

(III) THE FULL NAMES, TITLES, ADDRESSES, E -MAIL

ADDRESSES AND TELEPHONE NUMBERS OF ITS CORPORATE OFFICERS

AND OF ITS AUTHORIZED AGENT.

(IV) PROOF THAT ALL CORPORATE OFFICERS ARE AT LEAST

18 YEARS OF AGE.

(V) PROOF THAT THE CORPORATION IS IN GOOD STANDING

UNDER THE LAWS OF THIS COMMONWEALTH.

(3) IF THE LICENSE APPLICANT IS A PARTNERSHIP OR LIMITED

LIABILITY COMPANY:

(I) THE NAME, BUSINESS ADDRESS OR PRINCIPAL OFFICE

ADDRESS AND TELEPHONE NUMBER OF THE APPLICANT.

(II) THE FULL NAMES, ADDRESSES, E-MAIL ADDRESSES AND

TELEPHONE NUMBERS OF:

(A) THE GENERAL PARTNERS OF THE PARTNERSHIP.

(B) THE MANAGING MEMBERS OF THE LIMITED

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LIABILITY COMPANY.

(III) THE FULL NAME, ADDRESS, E-MAIL ADDRESS AND

TELEPHONE NUMBER OF A PERSON AUTHORIZED TO RECEIVE

NOTICES ISSUED UNDER THIS CHAPTER.

(IV) PROOF THAT ALL GENERAL PARTNERS, MANAGERS,

MANAGING MEMBERS AND MEMBERS ARE AT LEAST 18 YEARS OF

AGE.

RENEWAL UNDER THIS CHAPTER MUST INCLUDE THE FOLLOWING:

(1) PROOF THAT THE COMPANY IS REGISTERED WITH THE

DEPARTMENT OF STATE TO DO BUSINESS IN THIS COMMONWEALTH.

(2) PROOF THAT THE COMPANY MAINTAINS A REGISTERED AGENT

IN THIS COMMONWEALTH.

(3) PROOF THAT THE COMPANY MAINTAINS AN INTERNET WEBSITE

THAT INCLUDES THE INFORMATION REQUIRED UNDER SECTION 57A13

(RELATING TO INTOXICATING SUBSTANCE POLICY).

(4) PROOF THAT THE TRANSPORTATION NETWORK COMPANY HAS

SECURED THE INSURANCE POLICIES REQUIRED UNDER AND OTHERWISE

COMPLIED WITH SECTION 57A07 (RELATING TO INSURANCE

REQUIREMENTS) IN THE FORM OF A CERTIFICATE OF INSURANCE.

(D) FEE.--AN APPLICANT FOR A TRANSPORTATION NETWORK COMPANY

LICENSE SHALL REMIT TO THE AUTHORITY WITH ITS INITIAL

TRANSPORTATION NETWORK COMPANY APPLICATION A ONE-TIME

APPLICATION FEE OF $50,000. IF THE APPLICATION IS REJECTED, THE

FEE SHALL BE REFUNDED, MINUS A $2,500 ADMINISTRATIVE PROCESSING

FEE.

§ 57A04. QUALIFICATIONS FOR LICENSURE.

(A) GENERAL RULE.--IN ADDITION TO THE LICENSE APPLICATION

REQUIREMENTS LISTED IN SECTION 57A03 (RELATING TO APPLICATION),

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AN APPLICANT SEEKING ISSUANCE OR RENEWAL OF 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:

(I) AN AGENT FOR SERVICE OF PROCESS LOCATED IN THE

CITY.

(II) AN INTERNET WEBSITE THAT PROVIDES A CUSTOMER

SERVICE TELEPHONE NUMBER, E-MAIL ADDRESS OR HYPERLINK TO

CONTACT THE TRANSPORTATION NETWORK COMPANY AND THE

TELEPHONE NUMBER AND E-MAIL ADDRESS OF THE AUTHORITY.

(III) RECORDS REQUIRED UNDER THIS CHAPTER. THE

APPLICANT SHALL AGREE TO MAKE ALL RECORDS AVAILABLE FOR

INSPECTION BY THE AUTHORITY IN THE CITY UPON REQUEST

UNDER SECTION 57A18 (RELATING TO RECORDS AND REPORTS) AS

NECESSARY FOR THE AUTHORITY 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. RECORDS RETAINED UNDER THIS PARAGRAPH

MUST INCLUDE:

(I) PROOF OF VALID PERSONAL AUTOMOBILE INSURANCE.

(II) PROOF OF THE INSURANCE REQUIRED BY SECTION

57A07 (RELATING TO INSURANCE REQUIREMENTS).

(III) CRIMINAL HISTORY RECORDS CHECKS.

(IV) DRIVING RECORD CHECKS.

(V) COPIES OF VALID DRIVER'S LICENSES FOR EACH

DRIVER AND VEHICLE REGISTRATION AND PROOF OF VEHICLE

INSPECTIONS FOR ALL PERSONAL VEHICLES AFFILIATED WITH A

TRANSPORTATION NETWORK COMPANY.

(VI) RECORDS OF CONSUMER COMPLAINTS.

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(VII) RECORDS OF SUSPENSION OR DISQUALIFICATION OF

DRIVERS.

(VIII) 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.

(B) ELIGIBILITY REQUIRED.--ELIGIBILITY FOR ISSUANCE OF A

LICENSE UNDER THIS CHAPTER SHALL BE A CONTINUING REQUIREMENT FOR

MAINTAINING SUCH LICENSE.

AND TO BE ELIGIBLE FOR RENEWAL OF A LICENSE, AN APPLICANT SHALL

BE IN COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL

LAWS.

§ 57A05. LICENSE ISSUANCE AND APPEAL OF DENIAL.

(A) GENERAL RULE.--THE AUTHORITY SHALL GRANT AN APPLICATION

AND ISSUE A LICENSE TO AN APPLICANT THAT MEETS ALL OF THE

REQUIREMENTS OF SECTIONS 57A03 (RELATING TO APPLICATION) AND

57A04 (RELATING TO QUALIFICATIONS FOR LICENSURE).

(B) DENIAL.--IF AN APPLICATION FOR THE ISSUANCE OR RENEWAL

OF A LICENSE IS DENIED, THE APPLICANT MAY, WITHIN 10 DAYS OF

NOTICE OF THE DENIAL, FILE A PETITION WITH THE AUTHORITY WHICH

SPECIFICALLY AVERS THAT THE REASON FOR THE DENIAL IS ERRONEOUS,

UNLAWFUL OR OTHERWISE INVALID. THE AUTHORITY SHALL PRESCRIBE

FILING PROCEDURES AND THE FORM FOR THE PETITION.

PLACE FOR A HEARING ON A PROPERLY FILED APPEAL AND SHALL SERVE

NOTICE OF THE APPEAL ON THE PARTIES OF INTEREST.

(D) DECISION OF APPEAL.--AFTER A HEARING UNDER SUBSECTION

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(C), THE AUTHORITY, OR A DESIGNATED HEARING OFFICER, SHALL ISSUE

A DECISION, WHICH SHALL INCLUDE FINDINGS OF FACT, IN SUFFICIENT

DETAIL TO ENABLE A COURT TO DETERMINE ON APPEAL THE FOLLOWING:

(1) THE QUESTION PRESENTED BY THE APPEAL; AND

(2) WHETHER PROPER WEIGHT WAS GIVEN TO THE EVIDENCE.

(E) HEARING PROCEDURE.--THE AUTHORITY MAY ADOPT HEARING AND

ADMINISTRATIVE PROCEDURES BY REGULATION FOR HEARINGS UNDER

SUBSECTION (C). A PERSON AGGRIEVED BY AN ORDER OF THE AUTHORITY

ENTERED UNDER THIS CHAPTER MAY APPEAL THE ORDER TO THE COURT OF

COMMON PLEAS OF PHILADELPHIA COUNTY. ALL APPEALS SHALL BE

GOVERNED BY 2 PA.C.S. CH. 7 (RELATING TO JUDICIAL REVIEW) AND

CHAPTER 15 OF THE PENNSYLVANIA RULES OF APPELLATE PROCEDURE.

(F) THIRD PARTIES PROHIBITED.--NO THIRD PARTY MAY PROTEST OR

OBJECT TO AN APPLICATION FOR A LICENSE.

(G) WAITING PERIOD FOLLOWING DENIAL.--AFTER ENTRY OF A

DENIAL OF AN APPEAL, THE APPLICANT SHALL BE INELIGIBLE TO MAKE A

NEW APPLICATION FOR A PERIOD OF SIX MONTHS.

(H) OPERATION DURING PENDING APPLICATION.--A TRANSPORTATION

NETWORK COMPANY OPERATING IN THE CITY BEFORE THE EFFECTIVE DATE

OF THIS SECTION MAY CONTINUE OPERATING DURING THE PENDENCY OF AN

APPLICATION UNDER SECTION 57A03 AS LONG AS THE COMPANY FILES AN

APPLICATION WITHIN 45 DAYS OF THE EFFECTIVE DATE OF THIS ACT.

(I) APPROVAL REQUIRED FOR LICENSE TRANSFER.--A

TRANSPORTATION NETWORK COMPANY LICENSE IS NONTRANSFERABLE UNLESS

THE TRANSFER IS APPROVED BY THE AUTHORITY. A CHANGE IN CONTROL

IS PERMISSIBLE AS LONG AS THE TRANSPORTATION NETWORK COMPANY

PROVIDES NOTICE TO THE AUTHORITY WITHIN 30 DAYS OF THE CHANGE IN

CONTROL.

§ 57A06. LICENSE ENFORCEMENT.

THE AUTHORITY SHALL HAVE THE POWER TO INITIATE A REGULATORY

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ENFORCEMENT ACTION AGAINST ANY LICENSEE OR PERSON HOLDING

THEMSELVES OUT TO BE A LICENSEE THROUGH THE PROCESS PROVIDED

UNDER SECTION 5705(A) (RELATING TO CONTESTED COMPLAINTS) AND

REGULATIONS PROMULGATED BY THE AUTHORITY PROVIDING FOR THE FORM

AND PROCESS OF AN ENFORCEMENT ACTION.

§ 57A06.1. APPEALS GENERALLY.

A PERSON AGGRIEVED BY AN ORDER OF THE AUTHORITY ENTERED

PURSUANT TO THIS CHAPTER MAY APPEAL THE ORDER TO THE COURT OF

COMMON PLEAS OF PHILADELPHIA COUNTY. ALL APPEALS SHALL BE

GOVERNED BY 2 PA.C.S. CH. 7 (RELATING TO JUDICIAL REVIEW) AND

CHAPTER 15 OF THE PENNSYLVANIA RULES OF APPELLATE PROCEDURE.

§ 57A07. INSURANCE REQUIREMENTS.

(A) GENERAL RULE.--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.

(B) WHILE NOT ENGAGED WITH A PREARRANGED RIDE.--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 ONTO THE DIGITAL

NETWORK AND IS AVAILABLE TO RECEIVE TRANSPORTATION REQUESTS BUT

IS NOT ENGAGED IN A PREARRANGED RIDE:

(1) 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.

(2) FIRST-PARTY MEDICAL BENEFITS, INCLUDING $25,000 FOR

PEDESTRIANS AND $5,000 FOR A DRIVER.

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AUTOMOBILE INSURANCE REQUIREMENTS SHALL APPLY WHILE A

TRANSPORTATION NETWORK COMPANY DRIVER IS ENGAGED IN A

PREARRANGED RIDE:

(1) PRIMARY AUTOMOBILE LIABILITY INSURANCE THAT PROVIDES

AT LEAST $500,000 FOR DEATH, BODILY INJURY AND PROPERTY

DAMAGE.

(2) 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.

(D) SATISFACTION OF COVERAGE REQUIREMENTS.--THE COVERAGE

REQUIREMENTS UNDER THIS SECTION MAY BE SATISFIED BY ANY OF THE

FOLLOWING:

(1) AUTOMOBILE INSURANCE MAINTAINED BY THE

TRANSPORTATION NETWORK COMPANY DRIVER;

(2) AUTOMOBILE INSURANCE MAINTAINED BY THE

TRANSPORTATION NETWORK COMPANY; OR

(3) ANY COMBINATION OF PARAGRAPHS (1) AND (2).

(E) LAPSED OR INADEQUATE INSURANCE.--IF THE INSURANCE

REQUIRED UNDER SUBSECTION (B) OR (C) 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.

(F) PRIMARY INSURANCE.--COVERAGE UNDER AN AUTOMOBILE

INSURANCE POLICY MAINTAINED UNDER THIS SECTION SHALL BE PRIMARY

20150SB0984PN1753 - 16 -

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.

(G) CERTIFICATE OF INSURANCE.--A CERTIFICATE OF INSURANCE

MUST BE FILED BY THE INSURANCE CARRIER EVIDENCING THE INSURANCE

REQUIRED UNDER THIS SECTION AND MUST BE IN A FORM PROMULGATED BY

THE AUTHORITY.

(H) DEPOSIT OF CERTIFICATE OF INSURANCE.--INSURANCE REQUIRED

UNDER THIS SUBSECTION SHALL BE PLACED WITH EITHER 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.

(I) FINANCIAL RESPONSIBILITY REQUIREMENT.--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).

(J) PROOF OF INSURANCE COVERAGE REQUIRED.--A TRANSPORTATION

NETWORK COMPANY DRIVER SHALL CARRY PROOF OF COVERAGE SATISFYING

SUBSECTIONS (B) AND (C) 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 DISCLOSE TO

DIRECTLY INTERESTED PARTIES, AUTOMOBILE INSURERS AND

INVESTIGATING POLICE OFFICERS WHETHER THE DRIVER WAS LOGGED ONTO

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THE DIGITAL NETWORK OR ON A PREARRANGED RIDE AT THE TIME OF AN

ACCIDENT.

(K) RESPONSIBILITY OF TRANSPORTATION NETWORK COMPANY.--THE

TRANSPORTATION NETWORK COMPANY SHALL BE RESPONSIBLE 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.

(L) AUTOMOBILE INSURANCE PROVISIONS.--THE FOLLOWING SHALL

APPLY:

(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 ONTO 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 (B).

(2) NOTWITHSTANDING ANY REQUIREMENT UNDER 75 PA.C.S. CH.

17, EXCLUSIONS UNDER SUBSECTION (B) SHALL APPLY. NOTHING IN

THIS SECTION SHALL REQUIRE THAT A PERSONAL AUTOMOBILE

INSURANCE POLICY PROVIDE COVERAGE WHILE THE DRIVER IS LOGGED

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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.

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, 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

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AND DISCLOSE A CLEAR DESCRIPTION OF THE COVERAGE, EXCLUSIONS

AND LIMITS PROVIDED UNDER ANY AUTOMOBILE INSURANCE MAINTAINED

UNDER SUBSECTION (A).

(M) WAIVER OF LIABILITY.--THE FOLLOWING SHALL APPLY:

(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

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.

(N) 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 BY SUBSECTION (A), NOTICE

THAT THE TRANSPORTATION NETWORK COMPANY WILL PROVIDE ALL

REQUIRED INSURANCE.

(4) THE ACCIDENT PROTOCOL REQUIRED UNDER SECTION

SUBSECTION (J).

(5) NOTICE THAT THE DRIVER MUST NOTIFY THE FOLLOWING:

(I) THE DRIVER'S AUTO INSURANCE COMPANY OR INSURANCE

AGENT 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 THIS

SECTION SHALL BE PROVIDED TO THE POLICYHOLDER AND TO THE

OWNER OF THE VEHICLE.

(O) FORM OF DISCLOSURES.--A DISCLOSURE UNDER SUBSECTION (N)

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 COMPANY DRIVER.

§ 57A08. VEHICLE OWNERSHIP AND STANDARDS.

(A) GENERAL RULE.--IN ADDITION TO ALL OTHER LEGAL

REQUIREMENTS, IT SHALL BE UNLAWFUL FOR ANY PERSON TO OPERATE OR

CAUSE TO BE OPERATED ANY VEHICLE TO PROVIDE TRANSPORTATION

NETWORK SERVICE UNLESS SUCH VEHICLE:

(1) HAS A MANUFACTURER'S RATED SEATING CAPACITY OF LESS

THAN 10 PERSONS, INCLUDING THE TRANSPORTATION NETWORK COMPANY

DRIVER;

(2) HAS AT LEAST FOUR DOORS AND MEETS FEDERAL MOTOR

VEHICLE SAFETY STANDARDS FOR VEHICLES OF ITS SIZE, TYPE AND

20150SB0984PN1753 - 21 -

PROPOSED USE;

(3) IS A COUPE, SEDAN OR LIGHT-DUTY VEHICLE, INCLUDING A

VAN, MINIVAN, SPORT UTILITY VEHICLE, PICKUP TRUCK, HATCHBACK

OR CONVERTIBLE;

(4) HAS NOT BEEN ISSUED THE TITLE CLASS OF "SALVAGE,"

"REBUILT," "JUNK," "TOTAL LOSS" OR ANY EQUIVALENT

CLASSIFICATION; AND

(5) IS NOT OLDER THAN 10 MODEL YEARS, 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 AUTHORITY MAY INCREASE

THE AGE OR MILEAGE LIMITS SET FORTH IN THIS PARAGRAPH BY

REGULATION OR ORDER.

(B) PERSONAL USE PROHIBITED.--NO VEHICLE LICENSED AS A TAXI

OR LIMOUSINE WITHIN THIS COMMONWEALTH SHALL BE OPERATED AS A

PERSONAL VEHICLE BY A DRIVER AFFILIATED WITH A TRANSPORTATION

NETWORK COMPANY. NOTHING PROVIDED IN THIS CHAPTER SHALL BE

CONSTRUED TO PROHIBIT OR LIMIT THE UTILIZATION OF AN INTERNET-

ENABLED APPLICATION OR DIGITAL PLATFORM FOR THE PROVISION OF

TAXICAB OR LIMOUSINE SERVICE OR OTHER PUBLIC TRANSPORTATION

VEHICLES PURSUANT TO CHAPTER 57 (RELATING TO TAXICABS AND

LIMOUSINES IN FIRST CLASS CITIES).

A TRANSPORTATION NETWORK COMPANY TO KNOWINGLY PERMIT A

TRANSPORTATION NETWORK COMPANY DRIVER TO USE A PERSONAL VEHICLE

TO PROVIDE TRANSPORTATION NETWORK SERVICE THAT DOES NOT MEET THE

REQUIREMENTS OF THIS SECTION.

§ 57A09. VEHICLE INSPECTIONS.

(A) PERSONAL VEHICLE.--A TRANSPORTATION NETWORK COMPANY

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SHALL NOT ALLOW ANY VEHICLE REGISTERED IN THIS COMMONWEALTH TO

BE USED AS A PERSONAL VEHICLE UNLESS THE VEHICLE IS INSPECTED

ACCORDING TO 75 PA.C.S. CH. 47 (RELATING TO INSPECTION OF

VEHICLES) AND HAS PASSED THE INSPECTION. A VALID CERTIFICATE OF

INSPECTION SHALL BE MAINTAINED IN ALL VEHICLES. FOR VEHICLES

REGISTERED OUTSIDE OF THIS COMMONWEALTH, INSPECTION MUST BE

CONDUCTED AT A FACILITY APPROVED BY THE DEPARTMENT OF

TRANSPORTATION OR AN INSPECTION STATION AUTHORIZED BY THE

GOVERNMENT OF THE JURISDICTION IN WHICH THE VEHICLE IS

REGISTERED AND MUST SATISFY THE VEHICLE INSPECTION STANDARDS OF

THAT JURISDICTION.

(B) ADDITIONAL INSPECTION REQUIREMENT.--

(1) NO MORE THAN ONCE EVERY FOUR MONTHS, THE AUTHORITY

MAY REQUEST THAT A TRANSPORTATION NETWORK COMPANY PROVIDE THE

AUTHORITY WITH THE LAST FOUR DIGITS OF THE LICENSE PLATE

NUMBER, STATE OF LICENSE PLATE, MAKE AND MODEL OF THE

CORRESPONDING VEHICLE AND EXPIRATION DATE OF THEIR CURRENT

VEHICLE INSPECTION FOR THE FOLLOWING NUMBER OF RANDOMLY

SELECTED VEHICLES:

(I) UP TO 500 VEHICLES FOR A CLASS A TRANSPORTATION

NETWORK COMPANY;

(II) UP TO 250 VEHICLES FOR A CLASS B TRANSPORTATION

NETWORK COMPANY; AND

(III) UP TO 100 VEHICLES FOR A CLASS C

TRANSPORTATION NETWORK COMPANY.

(1.1) THE LIST OF VEHICLES THAT A TRANSPORTATION NETWORK

COMPANY PROVIDES UNDER PARAGRAPH (1) TO THE AUTHORITY SHALL

BE COMPRISED AS FOLLOWS:

(I) NINETY PERCENT OF THE VEHICLES ON THE LIST SHALL

CONSIST OF VEHICLES OPERATED BY TRANSPORTATION NETWORK

20150SB0984PN1753 - 23 -

COMPANY DRIVERS WHO HAVE COMPLETED AT LEAST 100

PREARRANGED RIDES IN THE PRECEDING SIX-WEEK PERIOD.

(II) FIVE PERCENT OF THE VEHICLES ON THE LIST SHALL

CONSIST OF VEHICLES OPERATED BY TRANSPORTATION NETWORK

COMPANY DRIVERS WHO HAVE COMPLETED AT LEAST 20

PREARRANGED RIDES IN THE PRECEDING SIX-WEEK PERIOD AND

WHO LIVE IN THE CITY OR WITHIN A 15-MILE RADIUS OF AN

INSPECTION STATION OPERATED BY THE AUTHORITY.

(III) FIVE PERCENT OF THE VEHICLES ON THE LIST SHALL

CONSIST OF VEHICLES OPERATED BY TRANSPORTATION NETWORK

COMPANY DRIVERS WHO HAVE COMPLETED AT LEAST 10

PREARRANGED IN THE PRECEDING SIX-WEEK PERIOD AND WHO LIVE

IN THE CITY OR WITHIN A 15-MILE RADIUS OF AN INSPECTION

STATION OPERATED BY THE AUTHORITY.

(2) A VEHICLE SHALL NOT BE SUBJECT TO THE RANDOM

INSPECTION PROCESS UNDER THIS SUBSECTION IF IT PASSED AN

INSPECTION IN ACCORDANCE WITH SUBSECTION (B) IN THE PRECEDING

180-DAY PERIOD.

(3) THE FOLLOWING SHALL APPLY:

(I) NO MORE THAN ONCE EVERY 30 DAYS, THE AUTHORITY

MAY SELECT FOR RANDOM INSPECTION A SUBSET OF VEHICLES

FROM THE LIST PROVIDED UNDER PARAGRAPH (1)(II). THE

AUTHORITY SHALL NOTIFY THE TRANSPORTATION NETWORK COMPANY

THAT THE DRIVERS ASSOCIATED WITH THOSE VEHICLES MUST

SUBMIT THEIR VEHICLE FOR AN INSPECTION CONDUCTED BY THE

AUTHORITY TO VERIFY THAT THE VEHICLE SATISFIES THE

MECHANICAL INSPECTION REQUIRED UNDER 75 PA.C.S. CH. 47

AND VEHICLE QUALITY STANDARDS UNDER SUBPARAGRAPH (III).

THE INSPECTION SHALL OCCUR NO MORE THAN 20 DAYS FROM THE

DATE OF NOTICE TO THE TRANSPORTATION NETWORK COMPANY IF

20150SB0984PN1753 - 24 -

THE AUTHORITY PROVIDES SELECTED DRIVERS WITH A REASONABLE

OPPORTUNITY TO SCHEDULE INSPECTIONS IN ADVANCE.

(II) THE AUTHORITY MAY SELECT THE FOLLOWING NUMBER

OF VEHICLES FOR INSPECTION UNDER SUBPARAGRAPH (I):

(A) CLASS A TRANSPORTATION NETWORK COMPANY: UP

TO 35 VEHICLES EVERY 30 DAYS.

(B) CLASS B TRANSPORTATION NETWORK COMPANY: UP

TO 25 VEHICLES EVERY 30 DAYS.

TO 15 VEHICLES EVERY 30 DAYS.

(III) THE VEHICLE QUALITY INSPECTION AUTHORIZED

UNDER SUBPARAGRAPH (I) SHALL VERIFY THE FOLLOWING:

(A) NO DENTS LARGER THAN 12 INCHES ACROSS.

(B) NO LOOSE BODY PANELS OR BUMPERS.

(D) NO VANDALISM OR SPRAY GRAFFITI ON THE

EXTERIOR OF THE VEHICLE.

(E) THE INTERIOR IS GENERALLY CLEAN.

(F) ALL SEAT BELTS ARE WORKING.

(G) THE DOOR SEALS ARE INTACT.

(H) NO TEARS IN THE UPHOLSTERY THAT EXCEED 3

INCHES.

(I) THE WINDOWS ARE OPERATIONAL.

(J) INTERIOR DOOR HANDLES ARE OPERATIONAL.

(K) INTERIOR LIGHTS ARE OPERATIONAL.

(L) THERE ARE FOUR DOORS AND THE DOORS ARE

PROPERLY ALIGNED.

(M) THE INTERIOR DOOR LOCKS ARE FUNCTIONAL.

(N) A FUNCTIONING AIR CONDITIONING SYSTEM

CAPABLE OF KEEPING THE INTERIOR OF THE VEHICLE

20150SB0984PN1753 - 25 -

BETWEEN 60 AND 78 DEGREES.

(4) IN ACCORDANCE WITH 75 PA.C.S. § 4727 (RELATING TO

ISSUANCE OF CERTIFICATE OF INSPECTION), THE AUTHORITY MAY

ISSUE A CERTIFICATE OF INSPECTION TO ANY ELIGIBLE VEHICLE

THAT SATISFIES THE MECHANICAL INSPECTION REQUIRED UNDER 75

PA.C.S. CH. 47 AND ANY OTHER REQUIRED STATE INSPECTION,

INCLUDING EMISSIONS TESTING. THE AUTHORITY MAY CHARGE

STANDARD FEES FOR ISSUANCE OF A CERTIFICATE OF INSPECTION.

(5) IF THE AUTHORITY DETERMINES THAT A VEHICLE INSPECTED

UNDER PARAGRAPH (3)(I) DOES NOT SATISFY 75 PA.C.S. CH. 47 AND

THE VEHICLE QUALITY INSPECTION AUTHORIZED UNDER PARAGRAPH (3)

(III), THE AUTHORITY MAY PROHIBIT THE VEHICLE FROM FURTHER

TRANSPORTATION NETWORK SERVICE IN THE CITY AND DIRECT ANY

TRANSPORTATION NETWORK COMPANY TO DISQUALIFY THE VEHICLE FROM

BEING USED TO PROVIDE TRANSPORTATION NETWORK SERVICE IN THE

CITY UNTIL THE INDIVIDUAL HAS SATISFIED THE AUTHORITY THAT

THE VEHICLE COMPLIES WITH 75 PA.C.S. CH. 47 AND THE VEHICLE

QUALITY INSPECTION UNDER PARAGRAPH (3)(III). THE AUTHORITY

SHALL PROVIDE A CLEAR EXPLANATION TO THE DRIVER OF THE

COMPONENTS THAT CAUSED THE VEHICLE TO FAIL THE INSPECTION AND

AN OPPORTUNITY FOR A REINSPECTION WITHIN A REASONABLE PERIOD

OF TIME.

(6) A DRIVER WHO FAILS TO UNDERGO A VEHICLE INSPECTION

WITHIN THE TIME PERIOD REQUIRED BY THIS SUBSECTION SHALL BE

PROHIBITED FROM OPERATING AS A DRIVER IN THE CITY UNTIL THEY

HAVE COMPLETED THE VEHICLE INSPECTION.

(7) THE FOLLOWING SHALL APPLY:

(I) A VEHICLE THAT WAS DESIGNATED FOR INSPECTION IN

ACCORDANCE WITH PARAGRAPH (1)(I) AND THAT PASSES THE

INSPECTION AUTHORIZED UNDER THIS SUBSECTION SHALL NOT BE

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SUBJECT TO ANOTHER INSPECTION UNDER THIS SUBSECTION FOR

AT LEAST TWO YEARS FROM THE DATE OF COMPLETION.

(II) A VEHICLE THAT WAS DESIGNATED FOR INSPECTION IN

ACCORDANCE WITH PARAGRAPH (1)(II) AND (III) AND THAT

PASSES THE INSPECTION AUTHORIZED UNDER THIS SUBSECTION

SHALL NOT BE SUBJECT TO ANOTHER INSPECTION UNDER THIS

SUBSECTION FOR AT LEAST THREE YEARS FROM THE DATE OF

COMPLETION.

IN THIS SECTION, THE LICENSE PLATE INFORMATION PROVIDED BY A

TRANSPORTATION NETWORK COMPANY TO THE AUTHORITY UNDER SUBSECTION

(B) AND ANY OTHER IDENTIFYING INFORMATION OBTAINED BY THE

AUTHORITY ABOUT THE VEHICLES OR DRIVERS THAT UNDERGO VEHICLE

INSPECTIONS IN ACCORDANCE WITH THIS SECTION IS CONFIDENTIAL AND

NOT BE SUBJECT TO DISCLOSURE TO A THIRD PARTY BY THE AUTHORITY,

INCLUDING THROUGH A REQUEST SUBMITTED UNDER THE ACT OF FEBRUARY

14, 2008 (P.L.6, NO.3), KNOWN AS THE RIGHT-TO-KNOW LAW .

(D) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING

WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS

SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:

"ACTIVE DRIVER." A DRIVER WHO HAS COMPLETED AT LEAST ONE

PREARRANGED RIDE THAT WAS REQUESTED THROUGH THE TRANSPORTATION

NETWORK COMPANY'S DIGITAL NETWORK IN THE 90 DAYS IMMEDIATELY

PRECEDING THE DATE OF SUBMISSION OF THE COMPANY'S APPLICATION

FOR A TRANSPORTATION NETWORK COMPANY LICENSE OR SUBMISSION OF

ITS APPLICATION FOR RENEWAL.

"CLASS A TRANSPORTATION NETWORK COMPANY." A TRANSPORTATION

NETWORK COMPANY THAT, AT THE TIME OF ISSUANCE OF ITS

TRANSPORTATION NETWORK COMPANY LICENSE OR ITS MOST RECENT

LICENSE RENEWAL, HAS MORE THAN 10,000 ACTIVE DRIVERS ON ITS

20150SB0984PN1753 - 27 -

DIGITAL NETWORK.

"CLASS B TRANSPORTATION NETWORK COMPANY." A TRANSPORTATION

NETWORK COMPANY THAT, AT THE TIME OF ISSUANCE OF ITS

TRANSPORTATION NETWORK COMPANY LICENSE OR ITS MOST RECENT

LICENSE RENEWAL, HAS BETWEEN 1,001 AND 10,000 ACTIVE DRIVERS ON

ITS DIGITAL NETWORK.

"CLASS C TRANSPORTATION NETWORK COMPANY." A TRANSPORTATION

NETWORK COMPANY THAT, AT THE TIME OF ISSUANCE OF ITS

TRANSPORTATION NETWORK COMPANY LICENSE OR ITS MOST RECENT

LICENSE RENEWAL, HAS BETWEEN 1 AND 1,000 ACTIVE DRIVERS ON ITS

DIGITAL NETWORK.

§ 57A10. DISTINCTIVE SIGNAGE.

(A) DISPLAY.--A PERSONAL VEHICLE USED TO PROVIDE

TRANSPORTATION NETWORK SERVICE SHALL DISPLAY CONSISTENT AND

DISTINCTIVE SIGNAGE AT ALL TIMES WHILE THE DRIVER IS PROVIDING

TRANSPORTATION NETWORK SERVICE. THE DISTINCTIVE SIGNAGE SHALL BE

SUFFICIENTLY LARGE AND COLOR CONTRASTED AS TO BE READABLE DURING

DAYLIGHT HOURS AT A DISTANCE OF AT LEAST 50 FEET AND TO IDENTIFY

A PARTICULAR VEHICLE ASSOCIATED WITH A PARTICULAR TRANSPORTATION

NETWORK COMPANY. ACCEPTABLE FORMS OF DISTINCTIVE SIGNAGE SHALL

INCLUDE, BUT ARE NOT LIMITED TO, SYMBOLS OR SIGNS ON VEHICLE

WINDSHIELDS, DOORS, ROOFS OR GRILLES. MAGNETIC OR OTHER

REMOVABLE DISTINCTIVE SIGNAGE IS ACCEPTABLE. A TRANSPORTATION

NETWORK COMPANY SHALL FILE AN ILLUSTRATION OF THEIR DISTINCTIVE

SIGNAGE WITH THE AUTHORITY. THE AUTHORITY MAY NOT REQUIRE

SIGNAGE THAT IS DIFFERENT THAN THAT APPROVED BY THE PENNSYLVANIA

PUBLIC UTILITY COMMISSION. IF THE PENNSYLVANIA PUBLIC UTILITY

COMMISSION DOES NOT APPROVE A FORM OF DISTINCTIVE SIGNAGE, THE

AUTHORITY MAY MAKE THE DESIGNATION.

(B) WHEELCHAIR-ACCESSIBLE VEHICLES.--WHEELCHAIR-ACCESSIBLE

20150SB0984PN1753 - 28 -

VEHICLES WHICH MAY BE USED TO CONNECT WITH PASSENGERS THROUGH A

TRANSPORTATION NETWORK COMPANY'S DIGITAL NETWORK MUST BE CLEARLY

IDENTIFIED AS WHEELCHAIR-ACCESSIBLE VEHICLES WITHIN THE DIGITAL

NETWORK IF A WHEELCHAIR-ACCESSIBLE OPTION IS AVAILABLE WITHIN

THE DIGITAL NETWORK.

BY THE AUTHORITY ON VEHICLES AFFILIATED WITH A TRANSPORTATION

NETWORK COMPANY.

§ 57A11. TRANSPORTATION NETWORK SERVICE ACCESSIBILITY.

(A) ACCESSIBILITY OF DIGITAL NETWORK.--BY JANUARY 1, 2017,

THE DIGITAL NETWORK USED BY A TRANSPORTATION NETWORK COMPANY TO

CONNECT DRIVERS AND PASSENGERS SHALL BE ACCESSIBLE TO CUSTOMERS

WHO ARE BLIND, VISUALLY IMPAIRED, DEAF AND HARD OF HEARING.

(B) DISCRIMINATION IN SERVICE.--

(1) 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

OFFERED IN A NONDISCRIMINATORY MANNER. 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.

(2) EACH LICENSED TRANSPORTATION NETWORK COMPANY MUST:

(I) ADOPT A POLICY OF NONDISCRIMINATION REGARDING

INDIVIDUALS WITH DISABILITIES IN ACCORDANCE WITH THIS

SUBSECTION. THE FOLLOWING INFORMATION SHALL BE PROVIDED

ON THE TRANSPORTATION NETWORK COMPANY'S PUBLICLY

ACCESSIBLE INTERNET WEBSITE:

(A) NOTICE OF THE NONDISCRIMINATION POLICY.

(B) PROCEDURES TO REPORT A COMPLAINT TO THE

20150SB0984PN1753 - 29 -

COMMISSION OR AUTHORITY ABOUT A TRANSPORTATION

NETWORK COMPANY DRIVER'S ALLEGED VIOLATION OF THIS

SUBSECTION.

(II) A TRANSPORTATION NETWORK COMPANY DRIVER MUST

TRANSPORT A SERVICE ANIMAL WHEN ACCOMPANYING A PASSENGER

WITH A DISABILITY FOR NO ADDITIONAL CHARGE UNLESS THE

TRANSPORTATION NETWORK COMPANY DRIVER HAS A DOCUMENTED

MEDICAL ALLERGY ON FILE WITH THE TRANSPORTATION NETWORK

COMPANY.

(III) A TRANSPORTATION NETWORK COMPANY MAY NOT

IMPOSE ADDITIONAL CHARGES FOR SERVICE TO AN INDIVIDUAL

WITH A DISABILITY BECAUSE OF THOSE DISABILITIES.

(IV) A TRANSPORTATION NETWORK COMPANY SHALL PROVIDE

PASSENGERS WITH 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:

(A) CONNECTING THE PASSENGER TO AN AVAILABLE

TRANSPORTATION NETWORK COMPANY DRIVER OR OTHER DRIVER

OPERATING A WHEELCHAIR-ACCESSIBLE VEHICLE; OR

(B) DIRECTING THE PASSENGER TO AN ALTERNATIVE

PROVIDER WITH THE AUTHORITY AND ABILITY TO DISPATCH A

WHEELCHAIR-ACCESSIBLE VEHICLE TO THE PASSENGER.

§ 57A12. TRANSPORTATION NETWORK COMPANY DRIVERS.

(A) SEPARATE LICENSES PROHIBITED.--A SEPARATE LICENSE MAY

NOT BE REQUIRED FOR A TRANSPORTATION NETWORK COMPANY DRIVER

AFFILIATED WITH A TRANSPORTATION NETWORK COMPANY TO PROVIDE

20150SB0984PN1753 - 30 -

TRANSPORTATION NETWORK SERVICE.

(B) DRIVER QUALIFICATION REQUIREMENTS.--

(1) NO TRANSPORTATION NETWORK COMPANY SHALL ENGAGE ANY

PERSON AS A TRANSPORTATION NETWORK COMPANY DRIVER UNLESS THE

TRANSPORTATION NETWORK COMPANY ASCERTAINS THAT THE PERSON:

(I) POSSESSES AND HAS POSSESSED A VALID STATE

DRIVER'S LICENSE OR A VALID DRIVER'S LICENSE OF ANOTHER

STATE, DISTRICT OR TERRITORY OF THE UNITED STATES FOR AT

LEAST ONE YEAR PRIOR TO APPLYING TO BECOME A

TRANSPORTATION NETWORK COMPANY DRIVER;

(II) IS AT LEAST 21 YEARS OF AGE;

(III) HAS NOT HAD MORE THAN THREE MOVING VIOLATIONS

OR A MAJOR VIOLATION IN THE IMMEDIATELY PRECEDING THREE-

YEAR PERIOD.

(IV) HAS NOT HAD A LIMOUSINE OR TAXI DRIVER

CERTIFICATE SUSPENDED OR REVOKED BY THE AUTHORITY DUE TO

A REGULATORY VIOLATION WITHIN THE FIVE YEARS IMMEDIATELY

PRECEDING HIS APPLICATION TO BE A TRANSPORTATION NETWORK

COMPANY DRIVER. THE AUTHORITY SHALL MAKE A LIST OF ALL

THE DRIVERS AVAILABLE TO A TRANSPORTATION NETWORK COMPANY

UPON REQUEST. THE SUSPENSION OR REVOCATION OF A LICENSE

BY THE AUTHORITY BECAUSE A DRIVER WAS OPERATING AS A

TRANSPORTATION NETWORK COMPANY DRIVER PRIOR TO THE

EFFECTIVE DATE OF THIS SECTION SHALL NOT CONSTITUTE

GROUNDS FOR DISQUALIFICATION UNDER THIS SUBSECTION.

(1) PRIOR TO PERMITTING A PERSON TO ACT AS A

TRANSPORTATION NETWORK COMPANY DRIVER ON ITS DIGITAL NETWORK,

A TRANSPORTATION NETWORK COMPANY SHALL DO ALL OF THE

FOLLOWING:

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(I) CONDUCT OR HAVE A THIRD PARTY CONDUCT A LOCAL

AND NATIONAL CRIMINAL BACKGROUND CHECK FOR EACH DRIVER

APPLICANT. THE BACKGROUND CHECK SHALL INCLUDE A

MULTISTATE OR MULTIJURISDICTIONAL CRIMINAL RECORDS

LOCATOR OR OTHER SIMILAR COMMERCIAL NATIONWIDE DATABASE

WITH PRIMARY SOURCE SEARCH VALIDATION AND A REVIEW OF THE

UNITED STATES DEPARTMENT OF JUSTICE NATIONAL SEX OFFENDER

PUBLIC WEBSITE. THE TRANSPORTATION NETWORK COMPANY SHALL

DISQUALIFY AN APPLICANT CONVICTED OF CERTAIN CRIMES IN

ACCORDANCE WITH THE FOLLOWING:

(A) AN APPLICANT CONVICTED OF ANY OF THE

FOLLOWING WITHIN THE PRECEDING SEVEN YEARS:

(I) DRIVING UNDER THE INFLUENCE OF DRUGS OR

ALCOHOL.

(II) A FELONY CONVICTION INVOLVING THEFT.

(III) A FELONY CONVICTION FOR FRAUD.

(IV) 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 .

(B) AN APPLICANT CONVICTED OF ANY OF THE

FOLLOWING WITHIN THE PRECEDING 10 YEARS:

(I) USE OF A MOTOR VEHICLE TO COMMIT A

FELONY.

(II) BURGLARY OR ROBBERY.

FOLLOWING AT ANY TIME:

(I) 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

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LAWS OF ANOTHER JURISDICTION OR UNDER A FORMER

LAW OF THIS COMMONWEALTH.

(II) A CRIME OF VIOLENCE AS DEFINED IN 18

PA.C.S. § 5702 (RELATING TO DEFINITIONS).

(III) AN ACT OF TERROR.

(II) OBTAIN AND REVIEW A DRIVING HISTORY RESEARCH

REPORT FOR THE PERSON FROM THE DEPARTMENT OF

TRANSPORTATION AND OTHER RELEVANT SOURCES. A PERSON WITH

MORE THAN THREE MOVING VIOLATIONS IN THE THREE-YEAR

PERIOD PRIOR TO THE CHECK OR A MAJOR VIOLATION IN THE

THREE-YEAR PERIOD PRIOR TO THE CHECK MAY NOT BE A

TRANSPORTATION NETWORK COMPANY DRIVER.

(2) ASCERTAIN THAT ALL THE REQUIREMENTS OF THIS

SUBSECTION ARE MET BEFORE PERMITTING A PERSON TO PROVIDE

SERVICE AS A TRANSPORTATION NETWORK COMPANY DRIVER.

(D) CONFIRMATION.--ONE YEAR AFTER ENGAGING A TRANSPORTATION

NETWORK COMPANY DRIVER, AND EVERY SECOND YEAR THEREAFTER, A

TRANSPORTATION NETWORK COMPANY SHALL CONFIRM THAT A

TRANSPORTATION NETWORK COMPANY DRIVER IS STILL ELIGIBLE TO BE A

DRIVER BY VERIFYING THAT THE DRIVER MEETS ALL OF THE

REQUIREMENTS UNDER THIS SECTION, INCLUDING THE CRIMINAL

BACKGROUND CHECK AND DRIVING HISTORY CHECK REQUIREMENT UNDER

SUBSECTION (B), AND SHALL KEEP RECORDS OF THE VERIFICATION FOR A

PERIOD OF THREE YEARS.

(E) DRIVER DISQUALIFICATION.--

(1) NOTWITHSTANDING ANY OTHER PROVISION OF THIS TITLE,

THE AUTHORITY MAY ISSUE AN ORDER DISQUALIFYING A PERSON FROM

BEING A DRIVER FOR VIOLATION OF THIS TITLE OR AN ORDER OR

REGULATION OF THE AUTHORITY CONSISTENT WITH THE DUE PROCESS

PROCEDURES PROVIDED FOR UNDER SECTION 5705 (RELATING TO

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CONTESTED COMPLAINTS).

(2) THE AUTHORITY MAY ADOPT REGULATIONS TO ALLOW FOR THE

REINSTATEMENT OF A DRIVER FOLLOWING AN APPROPRIATE

DISQUALIFICATION PERIOD AND COMPLIANCE WITH ANY CONDITIONS

IMPOSED BY THE AUTHORITY.

(3) THE AUTHORITY MAY GIVE NOTICE OF THE INELIGIBILITY

OF A PERSON TO ACT AS A DRIVER TO ALL TRANSPORTATION NETWORK

COMPANIES, AS PROVIDED FOR BY ORDER OR REGULATION.

(4) THE AUTHORITY MAY PLACE A TRANSPORTATION NETWORK

COMPANY DRIVER OR PERSONAL VEHICLE OUT OF SERVICE PRIOR TO A

FINAL DETERMINATION THAT THE DRIVER HAS VIOLATED THIS TITLE

OR AN ORDER OR REGULATION OF THE AUTHORITY IF THE BEHAVIOR OF

THE INDIVIDUAL OR CONDITION OF THE VEHICLE OR EQUIPMENT WHICH

VIOLATE THIS TITLE OR AN ORDER OR REGULATION OF THE AUTHORITY

HAS AN IMMEDIATE AND DIRECT ADVERSE IMPACT UPON THE ORDERLY

OPERATION OF TRANSPORTATION NETWORK SERVICE IN A CITY OR

PRESENTS A DIRECT THREAT TO PUBLIC SAFETY. AN OUT-OF-SERVICE

DESIGNATION UNDER THIS PARAGRAPH WILL BE NARROWLY TAILORED TO

CREATE THE MOST LIMITED REDUCTION OF RIGHTS NECESSARY TO

PROTECT THE PUBLIC INTEREST. THE AUTHORITY SHALL FOLLOW THE

PROCEDURES UNDER 52 PA. CODE § 1003.32 (RELATING TO OUT OF

SERVICE DESIGNATION) FOR THE PROCESS.

§ 57A13. INTOXICATING SUBSTANCE POLICY.

(A) ZERO-TOLERANCE POLICY.--A TRANSPORTATION NETWORK COMPANY

SHALL IMPLEMENT AND ENFORCE A ZERO-TOLERANCE POLICY ON THE USE

OF DRUGS OR ALCOHOL BY A TRANSPORTATION NETWORK COMPANY DRIVER

WHILE PROVIDING TRANSPORTATION NETWORK SERVICE. A TRANSPORTATION

NETWORK COMPANY DRIVER WHO IS THE SUBJECT OF A PASSENGER

COMPLAINT ALLEGING A VIOLATION OF THE ZERO-TOLERANCE POLICY

SHALL BE IMMEDIATELY SUSPENDED BY THE TRANSPORTATION NETWORK

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COMPANY. 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:

(1) NOTICE OF THE ZERO-TOLERANCE POLICY.

(2) 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.

(B) SPEECH DISABILITY.--IN INVESTIGATING A ZERO-TOLERANCE

COMPLAINT AGAINST A DRIVER WITH A SPEECH DISABILITY, THE

TRANSPORTATION NETWORK COMPANY SHALL FACTOR THE DRIVER'S SPEECH

DISABILITY IN THE INVESTIGATION AND INQUIRE WHETHER OR NOT THE

COMPLAINT IS BASED ON AN ERRONEOUS PERCEPTION OF THE DRIVER'S

SPEECH DISABILITY.

§ 57A14. REPORTING REQUIREMENT.

(A) DISPLAY.--A TRANSPORTATION NETWORK COMPANY SHALL DISPLAY

THE AUTHORITY'S E-MAIL ADDRESS FOR THE REPORTING OF VIOLATIONS

OF THIS TITLE OR ORDERS OR REGULATIONS OF THE AUTHORITY ON ITS

PUBLICLY ACCESSIBLE INTERNET WEBSITE AND ON THE DIGITAL RECEIPT

PROVIDED TO EACH PASSENGER.

(B) CHARGES.--A TRANSPORTATION NETWORK COMPANY SHALL REPORT

A DRIVER THAT HAS BEEN CHARGED WITH ANY CRIME FOR CONDUCT

ALLEGED TO HAVE OCCURRED WHILE PROVIDING A PREARRANGED RIDE TO

THE AUTHORITY WITHIN 48 HOURS OF LEARNING OF THE CRIMINAL

CHARGE, INCLUDING ANY CRIME INVOLVING THE USE OF DRUGS OR

ALCOHOL.

A DRIVER THAT IT HAS REMOVED FROM ITS DIGITAL NETWORK UPON

20150SB0984PN1753 - 35 -

DETERMINATION THAT THE DRIVER VIOLATED THIS TITLE OR AN ORDER OR

REGULATION OF THE AUTHORITY.

§ 57A15. DRIVER CREDENTIALS.

A TRANSPORTATION NETWORK COMPANY SHALL ISSUE A DIGITAL

CREDENTIAL TO ALL TRANSPORTATION NETWORK COMPANY DRIVERS ENGAGED

BY THE COMPANY WHICH SHALL BE DISPLAYED AS PART OF THE COMPANY'S

DIGITAL NETWORK. THE DIGITAL CREDENTIAL SHALL INCLUDE A

PHOTOGRAPH OF THE DRIVER AND THE MAKE, MODEL AND LICENSE PLATE

NUMBER OF THE DRIVER'S PERSONAL VEHICLE.

§ 57A16. OPERATING REGULATIONS.

(A) PROHIBITIONS.--IN ADDITION TO ALL OTHER REQUIREMENTS

PROVIDED UNDER THIS TITLE OR ORDER OR REGULATION OF THE

AUTHORITY, IT SHALL BE UNLAWFUL FOR ANY PERSON:

(1) WHO IS UNDER 21 YEARS OF AGE TO OPERATE A PERSONAL

VEHICLE.

(2) TO OPERATE A PERSONAL VEHICLE WHILE UNDER THE

INFLUENCE OF ALCOHOLIC BEVERAGES OR CONTROLLED SUBSTANCES,

OTHER THAN MEDICATION PRESCRIBED BY A PHYSICIAN, EXCEPT IF

THE PRESCRIBED MEDICATION DOES NOT WARN THE USER NOT TO

OPERATE MACHINERY WHILE TAKING THE MEDICATION.

(3) TO OPERATE A PERSONAL VEHICLE WITHIN THE CITY WHILE

NOT IN POSSESSION OF A VALID DRIVER'S LICENSE ISSUED BY A

STATE, DISTRICT OR TERRITORY OF THE UNITED STATES.

(4) TO OPERATE, OR CAUSE TO BE OPERATED, A PERSONAL

VEHICLE THAT DOES NOT MEET THE VEHICLE STANDARD AND

INSPECTION REQUIREMENTS UNDER THIS CHAPTER.

(5) TO TRANSPORT OR CAUSE TO BE TRANSPORTED MORE

PASSENGERS ON A GIVEN RIDE IN A VEHICLE THAN THE NUMBER OF

MANUFACTURER INSTALLED SEAT BELTS IN THE VEHICLE.

(B) ENGAGEMENT PROHIBITED.--A TRANSPORTATION NETWORK COMPANY

20150SB0984PN1753 - 36 -

DRIVER MAY NOT ENGAGE IN ANY OF THE FOLLOWING:

(1) SOLICITATION OF POTENTIAL PASSENGERS.

(2) SOLICITATION OF A CASH PAYMENT FOR A PREARRANGED

RIDE.

(3) SOLICITATION OR ACCEPTANCE OF A STREET HAIL OR

TELEPHONE CALL FOR TRANSPORTATION OF A PERSON IN A MOTOR

VEHICLE, INCLUDING TRANSPORTATION NETWORK SERVICE.

PUBLIC WAY FOR THE PURPOSE OF PICKING UP PASSENGERS FOR A TIME

LONGER THAN IS REASONABLY NECESSARY TO PICK UP PASSENGERS.

(D) DISPLAY.--THE DIGITAL NETWORK USED BY A TRANSPORTATION

NETWORK COMPANY TO CONNECT TRANSPORTATION NETWORK COMPANY

DRIVERS AND PASSENGERS SHALL DISPLAY FOR A PASSENGER THE

DRIVER'S DIGITAL CREDENTIAL REQUIRED UNDER THIS SECTION.

(E) DISCLOSURE.--A TRANSPORTATION NETWORK COMPANY SHALL

CLEARLY DISCLOSE, ON THE COMPANY'S INTERNET WEBSITE, THAT THE

COMPANY IS A TRANSPORTATION NETWORK COMPANY. THE DISCLOSURE

SHALL STATE THAT THE TRANSPORTATION NETWORK COMPANY IS REQUIRED

TO MAINTAIN INSURANCE POLICIES AS SPECIFIED UNDER SECTION 57A07

(RELATING TO INSURANCE REQUIREMENTS).

(F) PROOF.--A TRANSPORTATION NETWORK COMPANY SHALL PROVIDE

PROOF OF INSURANCE POLICIES REQUIRED UNDER THIS CHAPTER TO EACH

TRANSPORTATION NETWORK COMPANY DRIVER BEFORE THE DRIVER BEGINS

PROVIDING TRANSPORTATION NETWORK SERVICE AND FOR AS LONG AS THE

DRIVER REMAINS AVAILABLE TO PROVIDE SERVICE.

(G) RESPONSE.--A TRANSPORTATION NETWORK COMPANY SHALL HAVE

AN AFFIRMATIVE DUTY TO RESPOND TO REQUESTS FOR SERVICE IN

UNDERSERVED AREAS WITHIN THE CITY AND TO ENSURE COMPLIANCE WITH

THIS SUBSECTION BY THE TRANSPORTATION NETWORK COMPANY DRIVERS.

(H) DUTIES WHILE LOGGED ONTO A DIGITAL NETWORK.--A

20150SB0984PN1753 - 37 -

TRANSPORTATION NETWORK COMPANY DRIVER SHALL AT ALL TIMES WHILE

LOGGED ONTO A DIGITAL NETWORK:

(1) CARRY AN ELECTRONIC OR PAPER COPY OF PROOF OF THE

INSURANCE POLICIES REQUIRED UNDER THIS CHAPTER COVERING THE

VEHICLE.

(2) DISPLAY THE DISTINCTIVE SIGNAGE REQUIRED BY THIS

CHAPTER.

(3) IN THE CASE OF AN ACCIDENT:

(I) PROVIDE THE INSURANCE COVERAGE INFORMATION

REQUIRED UNDER PARAGRAPH (1) TO ANY OTHER PARTY INVOLVED

IN THE ACCIDENT AND 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 IF REQUIRED BY THE

DRIVER'S POLICY;

(B) THE OWNER OF THE AUTOMOBILE IF THE DRIVER IS

NOT THE OWNER OF THE AUTOMOBILE;

UNDER SECTION 57A07; AND

(D) THE HOLDER OF THE INSURANCE POLICY COVERING

THE AUTOMOBILE IF THE DRIVER IS NOT THE HOLDER OF THE

POLICY.

(6) NOTIFY THE TRANSPORTATION NETWORK COMPANY

IMMEDIATELY UPON CONVICTION FOR ANY OFFENSE LISTED UNDER

SECTION 57A12 (RELATING TO TRANSPORTATION NETWORK COMPANY

DRIVERS) WHICH WOULD DISQUALIFY THE TRANSPORTATION NETWORK

COMPANY DRIVER FROM BEING ELIGIBLE TO PROVIDE TRANSPORTATION

20150SB0984PN1753 - 38 -

NETWORK SERVICE.

(I) COMPLIANCE.--A TRANSPORTATION NETWORK COMPANY AND

TRANSPORTATION NETWORK COMPANY DRIVER MUST COMPLY WITH THE

FOLLOWING:

(1) ALL FEDERAL AND STATE LAWS AND REGULATIONS.

(2) ALL ORDINANCES OF A CITY.

(3) ALL ORDERS AND REGULATIONS OF THE AUTHORITY.

(J) DISCRIMINATION.--A TRANSPORTATION NETWORK COMPANY MAY

NOT DISCRIMINATE AGAINST ANY POTENTIAL OR EXISTING EMPLOYEE,

DRIVER OR PASSENGER ON ANY BASIS PROHIBITED BY FEDERAL, STATE OR

CITY NONDISCRIMINATION LAWS.

(K) SERVICE ANIMALS.--A TRANSPORTATION NETWORK COMPANY

DRIVER MUST COMPLY WITH ALL FEDERAL, STATE AND CITY

NONDISCRIMINATION LAWS BY ACCEPTING, WITHOUT EXTRA CHARGE,

RIDERS WITH SERVICE ANIMALS. SERVICE ANIMALS SHALL RIDE IN THE

PASSENGER COMPARTMENT OF A VEHICLE. IT SHALL BE A VIOLATION OF

THIS SECTION FOR A TRANSPORTATION NETWORK COMPANY DRIVER TO

PLACE A SERVICE ANIMAL IN ANY PART OF A VEHICLE OTHER THAN THE

PASSENGER COMPARTMENT.

(M) CLEAN VEHICLES.--PERSONAL VEHICLES SHALL BE KEPT CLEAN

AT ALL TIMES THEY ARE USED TO PROVIDE A TRANSPORTATION NETWORK

SERVICE.

(N) AIRPORT.--AUTHORITY LICENSING OF A TRANSPORTATION

NETWORK COMPANY OR APPROVAL TO OPERATE A TRANSPORTATION NETWORK

SERVICE SHALL NOT INCLUDE AUTHORIZATION TO PICK UP PASSENGERS AT

AN INTERNATIONAL AIRPORT OWNED BY THE CITY AND LOCATED IN WHOLE

OR IN PART IN THE CITY. NOTHING UNDER THIS SUBSECTION SHALL BE

CONSTRUED TO LIMIT THE ABILITY OF A MUNICIPALITY OR OTHER

GOVERNING AUTHORITY THAT OWNS OR OPERATES AN AIRPORT LOCATED, IN

WHOLE OR IN PART, IN A CITY FROM ADOPTING CONTRACTS, LICENSES

20150SB0984PN1753 - 39 -

AND REGULATIONS RELATING TO THE DUTIES AND RESPONSIBILITIES ON

AIRPORT PROPERTY OF A TRANSPORTATION NETWORK COMPANY, A

TRANSPORTATION NETWORK SERVICE OR A TRANSPORTATION NETWORK

COMPANY DRIVER, INCLUDING THE IMPOSITION OF REASONABLE FEES.

(O) MATERIALS.--PRIOR TO PERMITTING A DRIVER TO DRIVE TO

OPERATE ON ITS DIGITAL NETWORK, A TRANSPORTATION NETWORK COMPANY

SHALL PROVIDE TO A TRANSPORTATION NETWORK COMPANY DRIVER

MATERIALS DESIGNED TO ENSURE THAT A DRIVER UNDERSTANDS HOW TO

SAFELY AND RESPONSIBLY OPERATE A PERSONAL VEHICLE WHILE LOGGED

ONTO A DIGITAL NETWORK OR PROVIDING PREARRANGED RIDES. GUIDANCE

MATERIALS SHALL CONTAIN INFORMATION RELATED TO PROVIDING SERVICE

TO INDIVIDUALS WITH DISABILITIES AND THE GEOGRAPHY OF THE CITY

UNLESS THE TRANSPORTATION NETWORK COMPANY'S DIGITAL NETWORK IS

CAPABLE OF PROVIDING GPS NAVIGATION OR OTHER SIMILAR NAVIGATION.

DRIVERS SHALL BE REQUIRED TO ACKNOWLEDGE RECEIPT OF DRIVER

MATERIALS.

§ 57A17. FARE RATES.

(A) OFFER.--A TRANSPORTATION NETWORK COMPANY OR

TRANSPORTATION NETWORK COMPANY DRIVER MAY OFFER TRANSPORTATION

NETWORK SERVICE AT NO CHARGE, SUGGEST A DONATION OR CHARGE A

FARE. IF A FARE IS CHARGED, A TRANSPORTATION NETWORK COMPANY

SHALL DISCLOSE THE FARE OR FARE CALCULATION METHOD PRIOR TO A

PREARRANGED RIDE AND SHALL PROVIDE AN ESTIMATE FOR THE COST OF A

TRIP UPON REQUEST.

(B) STATE OF EMERGENCY.--DURING A STATE OF EMERGENCY

DECLARED BY THE MAYOR UNDER AN ORDINANCE OF THE CITY OR THE

GOVERNOR, A TRANSPORTATION NETWORK COMPANY THAT ENGAGES IN

DYNAMIC PRICING SHALL LIMIT THE MULTIPLIER BY WHICH ITS BASE

RATE IS MULTIPLIED TO THE NEXT HIGHEST MULTIPLE BELOW THE THREE

HIGHEST MULTIPLES SET ON DIFFERENT DAYS IN THE 60 DAYS PRECEDING

20150SB0984PN1753 - 40 -

THE DECLARATION OF EMERGENCY FOR THE SAME TYPE OF SERVICE AND

THE SAME CLASS WITHIN THE CITY. IT SHALL BE A VIOLATION OF THE

ACT OF OCTOBER 31, 2006 (P.L.1210, NO.133), KNOWN AS THE PRICE

GOUGING ACT , FOR A TRANSPORTATION NETWORK COMPANY TO CHARGE A

PRICE THAT EXCEEDS THE LIMITS OF THIS SUBSECTION DURING A STATE

OF EMERGENCY.

COMPENSATION PROVIDED OR RECEIVED FOR A PREARRANGED RIDE SHALL

NOT BE SUBJECT TO REVIEW OR APPROVAL BY THE AUTHORITY, EXCEPT ON

A CASE-BY-CASE BASIS WHEN THE AUTHORITY RECEIVES A COMPLAINT

FROM A PASSENGER.

(D) HIGHER FARE RATE.--A TRANSPORTATION NETWORK COMPANY MAY

CHARGE PASSENGERS AT A HIGHER FARE RATE THAN THE REGULAR FARE

RATE DISPLAYED ON THE COMPANY'S DIGITAL NETWORK ONLY IF THE

COMPANY COMPLIES WITH ALL OF THE FOLLOWING:

(1) THE DIGITAL NETWORK PROVIDES NOTICE OF THE TIME

PERIOD WHEN THE HIGHER FARE RATE IS APPLICABLE;

(2) THE DIGITAL NETWORK CLEARLY PROVIDES TO A CUSTOMER

REQUESTING A TRIP THE OPTION TO OBTAIN THE TOTAL FARE

ESTIMATE OF THE TRIP; AND

(3) THE TRANSPORTATION NETWORK COMPANY REVIEWS AND

RESPONDS TO ALL PASSENGER COMPLAINTS ABOUT A FARE THAT

EXCEEDS THE ESTIMATED FARE BY MORE THAN 20%.

§ 57A18. RECORDS AND REPORTS.

(A) DUTY TO KEEP.--

(1) A TRANSPORTATION NETWORK COMPANY SHALL KEEP

ACCURATE BOOKS AND RECORDS OF ACCOUNT OF THE TRANSPORTATION

NETWORK COMPANY'S OPERATIONS FOR A MINIMUM OF THREE YEARS.

SUCH RECORDS SHALL BE MADE AVAILABLE FOR INSPECTION BY THE

AUTHORITY IN RESPONSE TO A SPECIFIC COMPLAINT ABOUT A DRIVER

20150SB0984PN1753 - 41 -

OR TRANSPORTATION NETWORK COMPANY AS NECESSARY TO INVESTIGATE

AND RESOLVE THE COMPLAINT, OR IN RESPONSE TO A COMPLIANCE

INQUIRY BY THE AUTHORITY.

(2) THE AUTHORITY SHALL INTERVIEW COMPLAINANTS OR

WITNESSES RELATED TO THE MATTER BEING INVESTIGATED, IF ANY,

AND TAKE OTHER STEPS TO ASCERTAIN WHETHER THERE IS A

REASONABLE BASIS TO SUSPECT NONCOMPLIANCE PRIOR TO REQUIRING

A TRANSPORTATION NETWORK COMPANY TO MAKE THE REQUESTED

RECORDS AND REPORTS AVAILABLE TO THE AUTHORITY. RECORDS AND

REPORTS DETERMINED BY THE AUTHORITY TO BE NECESSARY FOR

FURTHER INVESTIGATION AND PROSECUTION AFTER REVIEW SHALL BE

PRODUCED TO THE POSSESSION OF THE AUTHORITY.

(3) THE INSPECTION OF RECORDS AND REPORTS SHALL OCCUR AT

A LOCATION WITHIN THE CITY DIRECTED BY THE AUTHORITY.

(B) RANDOM SELECTION OF UNIQUE IDENTIFICATION NUMBERS.--

(1) THE AUTHORITY MAY DIRECT THAT A TRANSPORTATION

NETWORK COMPANY PROVIDE TO THE AUTHORITY A SELECTION OF

RANDOMLY SELECTED UNIQUE IDENTIFICATION NUMBERS, EACH OF

WHICH HAS BEEN ASSIGNED TO A TRANSPORTATION NETWORK COMPANY

DRIVER WHO IS AN ACTIVE DRIVER AT THE TIME OF THE SUBMISSION.

THE AUTHORITY MAY REQUIRE A TRANSPORTATION NETWORK COMPANY TO

EVIDENCE THE MANNER IN WHICH THE DRIVERS DESIGNATED WERE

RANDOMLY SELECTED.

(2) EACH TRANSPORTATION NETWORK COMPANY SHALL PROVIDE TO

THE AUTHORITY AN E-MAIL ADDRESS OR OTHER MEANS OF INSTANT

ELECTRONIC COMMUNICATION OF A COMPANY REPRESENTATIVE FOR

PURPOSES OF THIS AUDIT DESIGNATION, WHICH WILL BE DEEMED

RECEIVED ON THE DATE SENT TO THE AUTHORITY.

(3) THE AUTHORITY MAY REQUIRE TRANSPORTATION NETWORK

COMPANIES TO DISCLOSE UNIQUE IDENTIFICATION NUMBERS AS

20150SB0984PN1753 - 42 -

FOLLOWS:

(I) CLASS A TRANSPORTATION NETWORK COMPANY: UP TO

1,000 UNIQUE IDENTIFICATION NUMBERS.

(II) CLASS B TRANSPORTATION NETWORK COMPANY: UP TO

500 UNIQUE IDENTIFICATION NUMBERS.

(III) CLASS C TRANSPORTATION NETWORK COMPANY: UP TO

250 UNIQUE IDENTIFICATION NUMBERS.

(4) THE AUTHORITY MAY DESIGNATE UP TO 5% OF THE DRIVERS

IDENTIFIED IN THE LIST PROVIDED PURSUANT TO THIS SUBSECTION

OR 25 DRIVERS, WHICHEVER IS GREATER, FOR A COMPLIANCE AUDIT.

(5) WITHIN FIVE BUSINESS DAYS OF RECEIVING AN AUDIT

DESIGNATION AS PROVIDED IN PARAGRAPH (1), THE TRANSPORTATION

NETWORK COMPANY SHALL MAKE AVAILABLE FOR A VISUAL, ON-SITE

INSPECTION TO THE AUTHORITY THE RECORDS REQUIRED TO BE

MAINTAINED UNDER SECTION 57A04(A)(2)(III) AND (IV) (RELATING

TO QUALIFICATIONS FOR LICENSURE) SO THAT THE AUTHORITY MAY

VERIFY THAT THE COMPANY HAS COMPLIED WITH THE DRIVER

SCREENING REQUIREMENTS AND TO CONFIRM THAT THE SELECTED

DRIVERS QUALIFY AS TRANSPORTATION NETWORK COMPANY DRIVERS AS

PROVIDED IN THIS CHAPTER.

(6) THE AUDIT SHALL BE CONDUCTED AT A LOCATION IN THE

CITY DESIGNATED BY THE AUTHORITY.

(7) THE AUTHORITY MAY CONDUCT NO MORE THAN ONE AUDIT

PURSUANT TO THIS SUBSECTION ONCE EVERY 90 DAYS.

(1) IF AN AUDIT CONDUCTED UNDER SUBSECTION (B) REVEALS

THAT THE COMPANY AUTHORIZED A DRIVER TO OPERATE AS A

TRANSPORTATION NETWORK COMPANY WHEN THE BACKGROUND CHECK OR

DRIVING HISTORY REVIEWED IN ACCORDANCE WITH SECTION 57A12(C)

(RELATING TO TRANSPORTATION NETWORK COMPANY DRIVERS) REVEALED

20150SB0984PN1753 - 43 -

THAT THEY WERE INELIGIBLE, THE AUTHORITY MAY IMPOSE A PENALTY

AGAINST THE TRANSPORTATION NETWORK COMPANY IN AN AMOUNT NOT

GREATER THAN $1,000 FOR EACH NONCOMPLIANT DRIVER.

(2) THE TRANSPORTATION NETWORK COMPANY SHALL IMMEDIATELY

REMOVE A NONCOMPLIANT DRIVER IDENTIFIED AS PROVIDED IN

PARAGRAPH (1) FROM TRANSPORTATION NETWORK SERVICE UPON THE

AUTHORITY'S DIRECTION.

(3) THE AUTHORITY MAY ALERT OTHER TRANSPORTATION NETWORK

COMPANIES OF THE INELIGIBILITY OF THE NONCOMPLIANT DRIVER IN

ORDER TO PROTECT THE PUBLIC GOOD.

(D) FOLLOW-UP REPORT AND REMEDIAL AUDIT.--

(1) (I) IN THE EVENT THAT AN AUDIT DISCREPANCY IS

IDENTIFIED AS SPECIFIED IN SUBSECTION (C)(1), THE

AUTHORITY MAY DIRECT A TRANSPORTATION NETWORK COMPANY TO

SUBMIT A FOLLOW-UP REPORT DETAILING ITS EFFORTS TO ENSURE

COMPLIANCE WITH SECTION 57A12(C).

(II) IN THE EVENT THAT AN EGREGIOUS AUDIT

DISCREPANCY IS IDENTIFIED OR MULTIPLE AUDIT DISCREPANCIES

ARE IDENTIFIED OR THE AUTHORITY MAKES A REASONABLE

DETERMINATION THAT A TRANSPORTATION NETWORK COMPANY HAS

FAILED TO REASONABLY COOPERATE IN THE DRIVER INFORMATION

AUDIT PROCESS, THE AUTHORITY MAY DIRECT A TRANSPORTATION

NETWORK COMPANY TO PARTICIPATE IN REMEDIAL AUDITS.

(III) A DIRECTION UNDER THIS SECTION SHALL BE

CONSIDERED A DIRECTION OF STAFF AS PROVIDED FOR IN 52 PA.

CODE § 1005.24 (RELATING TO APPEALS FROM ACTIONS OF THE

STAFF).

(2) A REMEDIAL AUDIT SHALL PROCEED AS PROVIDED IN

SUBSECTION (B). FOR PURPOSES OF THE REMEDIAL AUDIT, THE

AUTHORITY MAY DESIGNATE UP TO 10% OF THE DRIVERS IDENTIFIED

20150SB0984PN1753 - 44 -

IN THE LIST DISCLOSED PURSUANT TO SUBSECTION (B)(1).

(3) THE AUTHORITY MAY DIRECT ONE REMEDIAL AUDIT AT ANY

TIME EACH MONTH FOR A FOUR-MONTH PERIOD FOLLOWING THE

DISCOVERY OF THE VIOLATION.

(4) IF AN AUDIT CONDUCTED UNDER THIS SUBSECTION REVEALS

THAT THE COMPANY AUTHORIZED A DRIVER TO OPERATE AS A

TRANSPORTATION NETWORK COMPANY WHEN THE BACKGROUND CHECK OR

DRIVING HISTORY REVIEWED IN ACCORDANCE WITH SECTION 57A12(C)

REVEALED THAT THEY WERE INELIGIBLE, THE AUTHORITY MAY IMPOSE

A PENALTY AGAINST THE TRANSPORTATION NETWORK COMPANY IN AN

AMOUNT NOT GREATER THAN $2,500 FOR EACH NONCOMPLIANT DRIVER.

(5) THE TRANSPORTATION NETWORK COMPANY SHALL IMMEDIATELY

REMOVE A NONCOMPLIANT DRIVER IDENTIFIED AS PROVIDED IN

PARAGRAPH (4) FROM TRANSPORTATION NETWORK SERVICE AT THE

AUTHORITY'S DIRECTION. THE AUTHORITY MAY ALERT OTHER

TRANSPORTATION NETWORK COMPANIES OF THE INELIGIBILITY OF THE

NONCOMPLIANT DRIVER IN ORDER TO PROTECT THE PUBLIC GOOD.

(E) CONSTRUCTION.--

(1) THIS SECTION IS INTENDED TO FOSTER GENERAL

COMPLIANCE WITH DRIVER QUALIFICATION REVIEWS CONDUCTED BY

TRANSPORTATION NETWORK COMPANIES.

(2) THIS SECTION SHALL NOT BE CONSTRUED TO LIMIT THE

POWER OF THE AUTHORITY TO CONDUCT ENFORCEMENT INVESTIGATIONS

RELATED TO TRANSPORTATION NETWORK COMPANIES OR TRANSPORTATION

NETWORK COMPANY DRIVERS, OR BOTH, AS AUTHORIZED UNDER THIS

CHAPTER OR THE OBLIGATION OF TRANSPORTATION NETWORK

COMPANIES, THEIR AGENTS AND EMPLOYEES AND TRANSPORTATION

NETWORK COMPANY DRIVERS TO COOPERATE WITH SUCH INVESTIGATIONS

AND PRODUCE INFORMATION DEMANDED AS REQUIRED UNDER THIS

CHAPTER.

20150SB0984PN1753 - 45 -

(3) A TRANSPORTATION NETWORK COMPANY DRIVER-RELATED

DISCREPANCY, AS IDENTIFIED IN SUBSECTION (D), DISCOVERED

DURING THE COURSE OF AN ENFORCEMENT ACTION SHALL RESULT IN

THE TRANSPORTATION NETWORK COMPANY BEING SUBJECT TO THE SAME

PENALTY, REPORTING AND REMEDIAL AUDIT OBLIGATIONS PROVIDED IN

THIS SECTION.

(4) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION,

INFORMATION PRODUCED TO THE AUTHORITY IN FURTHERANCE OF AN

ENFORCEMENT INVESTIGATION OR PURSUANT TO THIS SECTION SHALL

NOT BE RELEASED TO A THIRD PARTY, INCLUDING THROUGH A REQUEST

SUBMITTED UNDER THE ACT OF FEBRUARY 14, 2008 (P.L.6, NO.3),

KNOWN AS THE RIGHT-TO-KNOW LAW.

(F) CLASS A.--A TRANSPORTATION NETWORK COMPANY THAT IS

CLASSIFIED AS A CLASS A TNC UNDER THIS SECTION AND SECTION 57A09

(RELATING TO VEHICLE INSPECTIONS) AND A TIER 1 TNC UNDER SECTION

57A21 (RELATING TO ENFORCEMENT AND RULES AND REGULATIONS) SHALL

NOT BE REQUIRED TO DISCLOSE TO THE AUTHORITY THE NUMBER OF

VEHICLES OR DRIVERS ASSOCIATED WITH ITS DIGITAL PLATFORM.

§ 57A19. PENALTIES.

(A) PENALTY AMOUNT AND TRAINING PROGRAM.--I N ADDITION TO

OTHER PENALTIES AUTHORIZED BY THIS CHAPTER, ANY PERSON OR ENTITY

THAT VIOLATES THIS CHAPTER OR ANY ORDER OR REGULATION OF THE

AUTHORITY RELATED TO THIS CHAPTER MAY BE SUBJECT TO A PENALTY OF

UP TO $1,000 FOR EACH VIOLATION AND MAY BE REQUIRED TO COMPLETE

A SUPPLEMENTAL TRAINING PROGRAM. EACH DAY THAT A VIOLATION

CONTINUES MAY BE DEEMED A SEPARATE AND DISTINCT OFFENSE.

(B) SUSPENSION, REVOCATION OR DENIAL.--IN ADDITION TO OTHER

PENALTIES UNDER THIS CHAPTER, AND PURSUANT TO SUBSECTION (D),

ANY AUTHORIZATION APPROVED BY THE AUTHORITY MAY BE SUSPENDED,

REVOKED OR DENIED RENEWAL FOR ANY VIOLATION OF THIS CHAPTER OR

20150SB0984PN1753 - 46 -

AN ORDER OR REGULATION OF THE AUTHORITY.

WHOSE TRANSPORTATION NETWORK COMPANY LICENSE IS CANCELED OR

REVOKED UNDER THIS CHAPTER SHALL BE INELIGIBLE TO RECEIVE

ANOTHER TRANSPORTATION NETWORK COMPANY LICENSE UNDER THE SAME OR

A DIFFERENT NAME FOR A PERIOD OF NOT LESS THAN ONE YEAR

FOLLOWING REVOCATION. THIS PROHIBITION SHALL APPLY TO ANY PERSON

WITH A CONTROLLING INFLUENCE IN A CANCELED OR REVOKED

TRANSPORTATION NETWORK COMPANY AS THE AUTHORITY MAY PROVIDE BY

REGULATION.

(D) ENFORCEMENT ACTIONS.--ENFORCEMENT ACTIONS INITIATED

UNDER THIS CHAPTER SHALL PROCEED AS PROVIDED IN SECTION 5705

(RELATING TO CONTESTED COMPLAINTS) AND REGULATIONS PROMULGATED

BY THE AUTHORITY PROVIDING FOR THE FORM AND PROCESS OF THE

ENFORCEMENT ACTIONS.

(E) DEFINITIONS.--THE FOLLOWING WORDS AND PHRASES WHEN USED

IN THIS SECTION SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS

SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:

"SUPPLEMENTAL TRAINING COMPANY." A COMPANY APPROVED BY A

TRANSPORTATION NETWORK COMPANY TO TEACH A SUPPLEMENTAL TRAINING

PROGRAM.

"SUPPLEMENTAL TRAINING PROGRAM." A TRAINING PROGRAM TAUGHT

BY A SUPPLEMENTAL TRAINING COMPANY THAT IS APPROVED BY THE

AUTHORITY AND THAT COVERS THE FOLLOWING TOPICS:

(1) THE GEOGRAPHY OF THE CITY.

(2) THE PROVISION OF SAFE TRANSPORTATION NETWORK

SERVICE.

(3) THE PROVISION OF COURTEOUS SERVICE.

(4) STATUTORY OR REGULATORY REQUIREMENTS RELATED TO

TRANSPORTATION NETWORK COMPANY DRIVERS.

20150SB0984PN1753 - 47 -

(5) THE PROVISION OF SERVICE TO PERSONS WITH

DISABILITIES.

§ 57A20. IMPOUNDMENT OF VEHICLES.

(A) AUTHORITY TO IMPOUND.-- THE AUTHORITY MAY CONFISCATE AND

IMPOUND VEHICLES AND EQUIPMENT UTILIZED TO PROVIDE

TRANSPORTATION NETWORK SERVICE ORIGINATING IN THE CITY WITHOUT

PROOF OF CURRENT AFFILIATION WITH A TRANSPORTATION NETWORK

COMPANY LICENSED BY THE AUTHORITY.

(B) RETURN OF VEHICLE AND EQUIPMENT.--UPON SATISFACTION OF

ALL TERMS OF IMPOUNDMENT, INCLUDING PAYMENT OF ALL PENALTIES

IMPOSED AND ALL OUTSTANDING PENALTIES ASSESSED AGAINST THE OWNER

OR OPERATOR OF THE CONFISCATED VEHICLE AND PAYMENT OF THE COSTS

OF THE AUTHORITY ASSOCIATED WITH CONFISCATION AND IMPOUNDMENT,

THE VEHICLE AND EQUIPMENT SHALL BE RETURNED TO ITS REGISTERED

OWNER OR REGISTERED LIENHOLDER, UNLESS THE AUTHORITY DETERMINES

THAT THE RELEASE WOULD PRESENT A DANGER TO THE TRAVELING PUBLIC.

(1) IF THE OWNER, LIENHOLDER OR OPERATOR OF THE

IMPOUNDED VEHICLE OR EQUIPMENT DOES NOT ACT TO SECURE

POSSESSION OF THE IMPOUNDED PROPERTY WITHIN 45 DAYS OF THE

DATE OF IMPOUNDMENT, THE AUTHORITY MAY PUBLICLY AUCTION ALL

CONFISCATED PROPERTY. THE AUTHORITY MAY NOT SCHEDULE THE

IMPOUNDED VEHICLE OR EQUIPMENT FOR AUCTION IF THE OWNER,

LIENHOLDER OR OPERATOR HAS INITIATED PROCEEDINGS BEFORE THE

AUTHORITY TO CONTEST THE UNDERLYING VIOLATION OR THE

PROPRIETY OF THE IMPOUNDMENT.

(2) AT LEAST 30 DAYS BEFORE THE DATE OF THE PUBLIC

AUCTION, THE AUTHORITY SHALL PROVIDE NOTICE BY REGULAR MAIL

TO THE REGISTERED OWNER AND ANY REGISTERED LIENHOLDER OF THE

PUBLIC AUCTION OF CONFISCATED VEHICLES AND EQUIPMENT. THE

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NOTICE REQUIRED UNDER THIS PARAGRAPH MAY BE PROVIDED WITHIN

THE PERIOD OF 45 DAYS OF THE DATE OF IMPOUNDMENT.

(3) THE AUTHORITY SHALL APPLY THE PROCEEDS FROM THE SALE

OF ALL CONFISCATED PROPERTY IN THE FOLLOWING ORDER:

(I) TO THE COSTS OF THE AUTHORITY ASSOCIATED WITH

THE CONFISCATION, IMPOUNDMENT AND AUCTION.

(II) TO ALL PENALTIES IMPOSED AND ALL OUTSTANDING

PENALTIES ASSESSED AGAINST THE OWNER AND OPERATOR OF THE

CONFISCATED PROPERTY.

(III) EXCEPT AS PROVIDED IN SUBPARAGRAPH (V), TO THE

LIEN OF ANY REGISTERED LIENHOLDER OF THE CONFISCATED

PROPERTY UPON DEMAND.

(IV) EXCEPT AS PROVIDED IN SUBPARAGRAPH (V), TO THE

REGISTERED OWNER OF THE CONFISCATED PROPERTY UPON DEMAND.

(V) WHEN NOT CLAIMED BY ANY REGISTERED LIENHOLDER OR

REGISTERED OWNER WITHIN ONE YEAR OF THE AUCTION DATE, TO

THE TNC REGULATORY FUND CREATED UNDER SECTION 57A22(C)

(RELATING TO TRANSPORTATION NETWORK SERVICE FUND).

(D) UNCOMPENSATED COSTS.--AFTER APPLICATION OF THE PROCEEDS

FROM THE SALE OF CONFISCATED PROPERTY UNDER SUBSECTION (C)(3),

THE UNCOMPENSATED COSTS OF THE AUTHORITY ASSOCIATED WITH THE

CONFISCATION, IMPOUNDMENT AND AUCTION AND ALL OUTSTANDING

PENALTIES IMPOSED AND ALL OUTSTANDING FINES ASSESSED AGAINST THE

REGISTERED OWNER OR OPERATOR OF THE CONFISCATED PROPERTY MAY BE

ASSESSED AGAINST THE REGISTERED OWNER OR OPERATOR OF THE

CONFISCATED PROPERTY AS THE AUTHORITY MAY PRESCRIBE BY

REGULATION.

§ 57A21. ENFORCEMENT AND RULES AND REGULATIONS.

(A) DISPLAY.-- UPON REQUEST, A TRANSPORTATION NETWORK COMPANY

DRIVER SHALL DISPLAY TO THE AUTHORITY OR OTHER PERSON AUTHORIZED

20150SB0984PN1753 - 49 -

TO ENFORCE THIS CHAPTER A PHYSICAL OR ELECTRONIC RECORD OF A

RIDE IN PROGRESS SUFFICIENT TO ESTABLISH THAT IT WAS A

PREARRANGED RIDE. TO THE EXTENT THAT TRIP RECORDS ARE CONTAINED

ON ELECTRONIC DEVICES, DRIVERS ARE NOT REQUIRED TO RELINQUISH

CUSTODY OF THE DEVICES IN ORDER TO MAKE THE REQUIRED DISPLAY.

(B) INVESTIGATION.--IF A PERSON FILES A COMPLAINT AGAINST A

TRANSPORTATION NETWORK COMPANY OR TRANSPORTATION NETWORK COMPANY

DRIVER WITH THE AUTHORITY, IN ADDITION TO ALL OTHER POWERS AND

REMEDIES PROVIDED UNDER THIS TITLE, THE AUTHORITY MAY INSPECT

THE TRANSPORTATION NETWORK COMPANY'S RECORDS IN ACCORDANCE WITH

THIS CHAPTER AS NECESSARY TO INVESTIGATE AND RESOLVE THE

COMPLAINT. NOTHING PROVIDED IN THIS SECTION SHALL BE CONSTRUED

TO PROHIBIT THE AUTHORITY FROM INVESTIGATING ANY COMPLAINT

AGAINST A TRANSPORTATION NETWORK COMPANY DRIVER OR TAKING

APPROPRIATE ENFORCEMENT ACTION IN ACCORDANCE WITH THIS CHAPTER.

AUTHORITY MAY PRESCRIBE RULES AND REGULATIONS AS IT DEEMS

NECESSARY TO GOVERN THE REGULATION OF TRANSPORTATION NETWORK

SERVICE ORIGINATING IN THE CITY UNDER THIS CHAPTER.

§ 57A22. TRANSPORTATION NETWORK SERVICE FUND.

(A) MINIMUM ANNUAL ASSESSMENT.--THE FOLLOWING APPLY:

(1) A TRANSPORTATION NETWORK COMPANY SHALL REMIT TO THE

AUTHORITY A MINIMUM ANNUAL ASSESSMENT IN ACCORDANCE WITH THE

FOLLOWING FEE SCHEDULE:

(I) FOR A TIER 1 TNC, $2,000,000.

(II) FOR A TIER 2 TNC, $750,000.

(III) FOR A TIER 3 TNC, $500,000.

(IV) FOR A TIER 4 TNC, $100,000.

(2) THE ANNUAL MINIMUM PAYMENTS REQUIRED UNDER

PARAGRAPH (1) SHALL BE PAID TO THE AUTHORITY IN ADVANCE IN

20150SB0984PN1753 - 50 -

FOUR EQUAL QUARTERLY INSTALLMENTS ON JULY 1, OCTOBER 1,

JANUARY 1 AND APRIL 1 OF EACH FISCAL YEAR. THE FISCAL YEAR

SHALL BEGIN EACH JULY 1 AND END THE FOLLOWING JUNE 30.

AMOUNTS DUE FOR LICENSES ISSUED BETWEEN THESE QUARTERLY DATES

SHALL BE ASSESSED ON A QUARTERLY BASIS.

SERVICE REGULATORY FUND IS ESTABLISHED AS A SPECIAL FUND IN THE

STATE TREASURY. THE CITY TRANSPORTATION NETWORK SERVICE

REGULATORY FUND SHALL BE THE PRIMARY OPERATING FUND OF THE

AUTHORITY FOR THE ADMINISTRATION AND ENFORCEMENT OF THIS CHAPTER

AND SHALL BE ADMINISTERED AS FOLLOWS:

(1) ASSESSMENTS, FEES, PENALTIES AND OTHER REVENUES,

INTEREST EARNED BY THE CITY TRANSPORTATION NETWORK SERVICE

REGULATORY FUND , REFUNDS AND REPAYMENTS RELATED TO THE

ADMINISTRATION AND ENFORCEMENT OF THIS CHAPTER SHALL BE

DEPOSITED INTO THE CITY TRANSPORTATION NETWORK SERVICE

REGULATORY FUND BY THE AUTHORITY.

(2) MONEY DEPOSITED IN THE CITY TRANSPORTATION NETWORK

SERVICE REGULATORY FUND SHALL BE RESERVED FOR THE USE OF THE

AUTHORITY AND SHALL BE TRANSFERRED TO THE AUTHORITY WITHIN 30

DAYS OF RECEIPT OF SUCH FUNDS FOR THE PURPOSES OF

ADMINISTERING AND ENFORCING THIS TITLE.

(3) THE AUTHORITY SHALL HAVE AT LEAST ONE ANNUAL

EXAMINATION OF ITS BOOKS, ACCOUNTS AND RECORDS RELATED TO THE

CITY TRANSPORTATION NETWORK SERVICE REGULATORY FUND BY A

CERTIFIED PUBLIC ACCOUNTANT.

(C.1) EDUCATION FUND.--THE CITY TRANSPORTATION NETWORK

SERVICE EDUCATION FUND IS ESTABLISHED AS A SPECIAL FUND IN THE

STATE TREASURY. THE CITY TRANSPORTATION NETWORK SERVICE

EDUCATION FUND SHALL HOLD MONEY DEPOSITED WITH THE STATE

20150SB0984PN1753 - 51 -

TREASURER AS PROVIDED UNDER SUBSECTION (D.1). THE STATE

TREASURER SHALL TRANSFER ALL OF THE MONEY IN THE CITY

TRANSPORTATION NETWORK SERVICE EDUCATION FUND TO THE GENERAL

FUND OF A SCHOOL DISTRICT OF THE FIRST CLASS COTERMINOUS WITH

THE CITY WITHIN 30 DAYS OF RECEIPT OF SUCH FUNDS. THE PROVISIONS

OF SECTION 696(H)(1) OF THE ACT OF MARCH 10, 1949 (P.L.30,

NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949, SHALL NOT APPLY

TO AMOUNTS TRANSFERRED TO A SCHOOL DISTRICT OF THE FIRST CLASS

UNDER THIS SUBSECTION.

(D) GROSS RECEIPTS ANNUAL ASSESSMENT.--ON JULY 30 OF EACH

YEAR, A TRANSPORTATION NETWORK COMPANY LICENSED BY THE AUTHORITY

UNDER THIS CHAPTER SHALL PAY TO THE AUTHORITY AN AMOUNT EQUAL TO

1.7% OF THE GROSS RECEIPTS FROM FARES COLLECTED FOR ALL

PREARRANGED RIDES THAT ORIGINATED IN THE CITY IN THE PRIOR

FISCAL YEAR MINUS THE MINIMUM ANNUAL ASSESSMENT THE

TRANSPORTATION NETWORK COMPANY PAID THAT YEAR IN ACCORDANCE WITH

SUBSECTION (B). THE ASSESSMENT UNDER THIS SECTION MAY ONLY BE

MADE UPON THE FARE COLLECTED AND SHALL NOT INCLUDE ANY OTHER

PAYMENT FOR PREARRANGED RIDES CHARGED TO RECOUP COSTS SUCH AS

TOLL, AIRPORT ENTRY FEES OR ASSESSMENTS NOT PROVIDED FOR IN THIS

SECTION. GROSS RECEIPTS FROM FARES SHALL NOT BE REDUCED BY ANY

INCOME OR SALES TAX, PAYMENT PROCESSING FEE, INTEREST OR

TRANSMISSION FEE.

(D.1) EXCESS FUNDS.--IN THE EVENT THE ASSESSMENT AMOUNT PAID

BY ALL TRANSPORTATION NETWORK COMPANIES REQUIRED UNDER

SUBSECTIONS (B) AND (D) RESULTS IN DEPOSITS EXCEEDING $4,000,000

INTO THE CITY TRANSPORTATION NETWORK SERVICE REGULATORY FUND,

ANY EXCESS SHALL BE DEPOSITED INTO THE CITY TRANSPORTATION

NETWORK SERVICE EDUCATION FUND UNTIL SUCH TIME AS THE DEPOSITS

TO THAT FUND EQUAL $4,000,000 AFTER WHICH THE BALANCE OF THE

20150SB0984PN1753 - 52 -

ASSESSMENT PROVIDED FOR UNDER SUBSECTIONS (B) AND (D) SHALL BE

DIVIDED EQUALLY AND ONE-HALF OF SUCH BALANCE SHALL BE DEPOSITED

INTO THE CITY TRANSPORTATION NETWORK SERVICE EDUCATION FUND AND

ONE-HALF OF SUCH BALANCE SHALL BE DEPOSITED INTO THE CITY

TRANSPORTATION NETWORK SERVICE REGULATORY FUND.

(E) ASSESSMENT CAP.--THE FOLLOWING APPLY:

(1) THE TOTAL ANNUAL ASSESSMENTS OWED BY A

TRANSPORTATION NETWORK COMPANY FOR EACH FISCAL YEAR BEGINNING

JULY 1 UNDER SUBSECTIONS (B) AND (D) SHALL BE CAPPED AS

FOLLOWS:

(I) FOR A TIER 1 TNC, $4,000,000.

(II) FOR A TIER 2 TNC, $3,500,000.

(III) FOR A TIER 3 TNC, $3,000,000.

(IV) FOR A TIER 4 TNC, $3,000,000.

(2) THE CAP INSTITUTED UNDER THIS SUBSECTION SHALL APPLY

TO A TRANSPORTATION NETWORK COMPANY'S TOTAL ANNUAL

ASSESSMENT, REGARDLESS OF WHETHER THE FUNDS ARE DEPOSITED

INTO THE CITY TRANSPORTATION NETWORK SERVICE EDUCATION FUND,

THE CITY TRANSPORTATION NETWORK SERVICE REGULATORY FUND, OR

BOTH.

(F) ADJUSTMENTS.--ADJUSTMENTS TO THE AMOUNTS SET FORTH

UNDER SUBSECTIONS (B), (D.1) AND (E) SHALL BE MADE AS FOLLOWS:

(1) THE DEPARTMENT OF LABOR AND INDUSTRY OF THE

COMMONWEALTH SHALL DETERMINE THE PERCENTAGE CHANGE IN THE

CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS: ALL ITEMS (CPI-

U) FOR THE UNITED STATES CITY AVERAGE AS PUBLISHED BY THE

UNITED STATES DEPARTMENT OF LABOR, BUREAU OF LABOR

STATISTICS, FOR THE 12-MONTH PERIOD ENDING SEPTEMBER 30,

2016, AND FOR EACH SUCCESSIVE 12-MONTH PERIOD THEREAFTER.

(2) IF THE DEPARTMENT OF LABOR AND INDUSTRY OF THE

20150SB0984PN1753 - 53 -

COMMONWEALTH DETERMINES THAT THERE IS NO POSITIVE PERCENTAGE

CHANGE, THEN NO ADJUSTMENT TO THE ASSESSMENT AMOUNTS SHALL

OCCUR FOR THE RELEVANT TIME PERIOD PROVIDED FOR IN THIS

SUBSECTION.

(3) THE FOLLOWING APPLY:

(I) IF THE DEPARTMENT OF LABOR AND INDUSTRY

DETERMINES THAT THERE IS A POSITIVE PERCENTAGE CHANGE IN

THE FIRST YEAR THAT THE DETERMINATION IS MADE UNDER

PARAGRAPH (1), THE POSITIVE PERCENTAGE CHANGE SHALL BE

MULTIPLIED BY THE ASSESSMENT AMOUNTS, AND THE PRODUCTS

SHALL BE ADDED TO THE MINIMUM AND MAXIMUM ASSESSMENT

AMOUNTS, RESPECTIVELY, AND THE SUMS SHALL BE PRELIMINARY

ADJUSTED AMOUNTS.

(II) THE PRELIMINARY ADJUSTED AMOUNTS SHALL BE

ROUNDED TO THE NEAREST $100 TO DETERMINE THE FINAL

ADJUSTED ASSESSMENT AMOUNTS FOR PURPOSES OF SUBSECTIONS

(B), (D.1) AND (E).

(4) IN EACH SUCCESSIVE YEAR IN WHICH THERE IS A POSITIVE

PERCENTAGE CHANGE IN THE CPI-U FOR THE UNITED STATES CITY

AVERAGE, THE POSITIVE PERCENTAGE CHANGE SHALL BE MULTIPLIED

BY THE MOST RECENT FINAL ADJUSTED AMOUNTS, AND THE PRODUCTS

SHALL BE ADDED TO THE FINAL ADJUSTED AMOUNT OF THE PRIOR YEAR

TO CALCULATE THE PRELIMINARY ADJUSTED AMOUNTS FOR THE CURRENT

YEAR. THE SUMS SHALL BE ROUNDED TO THE NEAREST $100 TO

DETERMINE THE NEW FINAL ADJUSTED ASSESSMENT AMOUNTS FOR

PURPOSES OF SUBSECTIONS (B), (D.1) AND (E).

(5) THE DETERMINATIONS AND ADJUSTMENTS REQUIRED UNDER

THIS SUBSECTION SHALL BE MADE IN THE PERIOD BETWEEN NOVEMBER

1 AND DECEMBER 15 OF THE YEAR THIS SUBSECTION IS APPLICABLE

AND ANNUALLY BETWEEN NOVEMBER 1 AND DECEMBER 15 OF EACH YEAR

20150SB0984PN1753 - 54 -

THEREAFTER.

(6) THE FINAL ADJUSTED ASSESSMENT AMOUNTS FOR PURPOSES

OF SUBSECTIONS (B), (D.1) AND (E) SHALL APPLY JULY 1 FOR THE

FISCAL YEAR FOLLOWING THE YEAR IN WHICH THE DETERMINATION

REQUIRED UNDER PARAGRAPH (1) IS MADE.

(7) THE DEPARTMENT OF LABOR AND INDUSTRY SHALL PUBLISH

NOTICE IN THE PENNSYLVANIA BULLETIN PRIOR TO JANUARY 31 OF

EACH YEAR OF THE ANNUAL PERCENTAGE CHANGE DETERMINED UNDER

PARAGRAPH (1) AND THE FINAL ADJUSTED ASSESSMENT AMOUNTS

DETERMINED UNDER PARAGRAPHS (3) AND (4) FOR THE FISCAL YEAR

BEGINNING THE FIRST DAY OF JULY 1 AFTER PUBLICATION OF THE

NOTICE. THE NOTICE SHALL INCLUDE A WRITTEN AND ILLUSTRATIVE

EXPLANATION OF THE CALCULATIONS PERFORMED BY THE DEPARTMENT

IN ESTABLISHING THE UNADJUSTED OR FINAL ADJUSTED ASSESSMENT

AMOUNTS UNDER THIS SUBSECTION FOR THE ENSUING FISCAL YEAR.

(G) STATEMENT REQUIRED.--THE FOLLOWING APPLY:

(1) EACH PAYMENT BY A TRANSPORTATION NETWORK COMPANY

MADE UNDER THIS SECTION SHALL BE SUBMITTED IN CONJUNCTION

WITH VERIFIED STATEMENT IDENTIFYING THE TRANSPORTATION

NETWORK COMPANY, THE SUBSECTION UNDER WHICH THE PAYMENT IS

BEING MADE. FOR PAYMENTS MADE UNDER SUBSECTION (D), THE

TRANSPORTATION NETWORK COMPANY SHALL ALSO VERIFY ITS TIER AS

PROVIDED IN SUBSECTION (A) AND THAT THE MONEY PAID TO THE

AUTHORITY CONSTITUTE THE TRUE AND FULL PAYMENTS REQUIRED BY

THIS SECTION. THE AUTHORITY MAY DEVELOP A STANDARD FORM TO BE

USED UNDER THIS SECTION. EXCEPT AS PROVIDED IN PARAGRAPH (2),

THE AUTHORITY MAY REQUIRE A TRANSPORTATION NETWORK COMPANY TO

PRODUCE SUCH RECORDS NECESSARY TO CONFIRM PROPER PAYMENT HAS

BEEN MADE AND CONDUCT AN AUDIT OF THE BOOKS, ACCOUNTS AND

RECORDS OF THE TRANSPORTATION NETWORK COMPANY RELATED TO

20150SB0984PN1753 - 55 -

SERVICE IN THE CITY, AS PROVIDED IN THIS CHAPTER.

(2) A TIER 1 TNC THAT HAS PAID THE MAXIMUM TIER AMOUNT

UNDER SUBSECTION (B) AND THE MAXIMUM TIER AMOUNT UNDER

SUBSECTION (E) SHALL NOT BE SUBJECT TO AN AUDIT UNDER THIS

SUBSECTION.

(H) NONDISCLOSURE.--ANY INFORMATION DISCLOSED TO THE

AUTHORITY, A SCHOOL DISTRICT, THE STATE TREASURER OR ANY OTHER

INDIVIDUAL OR ENTITY UNDER THIS SECTION, INCLUDING ANY

INFORMATION RELATED TO THE AMOUNTS PAID UNDER SUBSECTION (F),

SHALL BE CONFIDENTIAL AND NOT SUBJECT TO DISCLOSURE TO A THIRD

PARTY, INCLUDING THROUGH A REQUEST SUBMITTED UNDER THE ACT OF

FEBRUARY 14, 2008 (P.L.6, NO.3), KNOWN AS THE RIGHT-TO-KNOW LAW.

(I) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING

WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS

SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:

"ACTIVE DRIVER." A DRIVER WHO HAS COMPLETED AT LEAST ONE

PREARRANGED RIDE THAT WAS REQUESTED THROUGH THE TRANSPORTATION

NETWORK COMPANY'S DIGITAL NETWORK IN THE 90 DAYS IMMEDIATELY

PRECEDING THE DATE OF SUBMISSION OF THE COMPANY'S APPLICATION

FOR A TRANSPORTATION NETWORK COMPANY LICENSE OR SUBMISSION OF

ITS APPLICATION FOR RENEWAL.

"TIER 1 TNC." A TRANSPORTATION NETWORK COMPANY THAT, AT THE

TIME OF ISSUANCE OF ITS TRANSPORTATION NETWORK COMPANY LICENSE

OR ITS LICENSE RENEWAL, HAS MORE THAN 10,000 ACTIVE DRIVERS ON

ITS DIGITAL NETWORK.

"TIER 2 TNC." A TRANSPORTATION NETWORK COMPANY THAT, AT THE

TIME OF ISSUANCE OF ITS TRANSPORTATION NETWORK COMPANY LICENSE

OR ITS LICENSE RENEWAL, HAS AT LEAST 7,501 AND NOT MORE THAN

10,000 ACTIVE DRIVERS ON ITS DIGITAL NETWORK.

"TIER 3 TNC." A TRANSPORTATION NETWORK COMPANY THAT, AT THE

20150SB0984PN1753 - 56 -

TIME OF ISSUANCE OF ITS TRANSPORTATION NETWORK COMPANY LICENSE

OR ITS LICENSE RENEWAL, HAS AT LEAST 1,001 AND NOT MORE THAN

7,500 ACTIVE DRIVERS ON ITS DIGITAL NETWORK.

"TIER 4 TNC." A TRANSPORTATION NETWORK COMPANY THAT, AT THE

TIME OF ISSUANCE OF ITS TRANSPORTATION NETWORK COMPANY LICENSE

OR ITS LICENSE RENEWAL, HAS AT LEAST 1 AND NOT MORE THAN 1,000

ACTIVE DRIVERS ON ITS DIGITAL NETWORK.

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

20150SB0984PN1753 - 57 -

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.

(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 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. COMMISSION. FOR PURPOSES OF THIS CHAPTER, ONLY

CERTIFICATED CALL OR DEMAND CARRIERS MAY FILE AN APPLICATION

20150SB0984PN1753 - 58 -

<--

WITH THE COMMISSION REQUESTING A LICENSE TO OPERATE A

TRANSPORTATION NETWORK SERVICE AS A DUAL MOTOR CARRIER.

"DUAL MOTOR CARRIER DRIVER." AN INDIVIDUAL WHO:

(1) RECEIVES CONNECTIONS TO POTENTIAL PASSENGERS AND

RELATED SERVICES FROM A DUAL MOTOR CARRIER 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 PASSENGERS UPON CONNECTION THROUGH A

DIGITAL NETWORK CONTROLLED BY A DUAL MOTOR CARRIER IN RETURN

FOR COMPENSATION OR PAYMENT OF A FEE.

"DYNAMIC PRICING." A TRANSPORTATION NETWORK COMPANY'S

PRACTICE OF ADJUSTING THE CALCULATION USED TO DETERMINE FARES AT

CERTAIN TIMES AND LOCATIONS IN RESPONSE TO THE SUPPLY OF

TRANSPORTATION NETWORK COMPANY DRIVERS AND THE DEMAND FOR

TRANSPORTATION NETWORK SERVICES.

* * *

"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." 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

20150SB0984PN1753 - 59 -

<--

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 VEHICLE OPERATED UNDER A RIDESHARING

ARRANGEMENT OR BY A 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

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 the passenger and ending when the

last 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, unless the service A PREARRANGED RIDE is

provided by a dual motor carrier;

(3) a broker or contract carrier by motor vehicle as

defined under section 2501(b) ; or

(4) a driver operating under A ridesharing arrangement

or A 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

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CERTAIN LAWS SHALL BE INAPPLICABLE TO RIDESHARING

ARRANGEMENTS."

* * *

"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

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" OR "COMPANY." A PERSON OR

ENTITY LICENSED BY THE COMMISSION TO OPERATE A TRANSPORTATION

NETWORK SERVICE IN THIS COMMONWEALTH AND THAT USES A DIGITAL

NETWORK TO FACILITATE PREARRANGED RIDES. THE FOLLOWING SHALL

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APPLY:

(1) THE TERM SHALL INCLUDE A DUAL MOTOR CARRIER.

(2) THE TERM SHALL NOT INCLUDE:

(I) A COMMON CARRIER, COMMON CARRIER BY MOTOR

VEHICLE OR MOTOR CARRIER OTHER THAN A DUAL MOTOR CARRIER.

(II) A COMPANY PROVIDING TRANSPORTATION UNDER A

RIDESHARING ARRANGEMENT, 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."

"TRANSPORTATION NETWORK COMPANY DRIVER" OR "DRIVER." AS

FOLLOWS:

(1) AN INDIVIDUAL WHO:

(I) 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

(II) 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.

(2) THE TERM SHALL INCLUDE A DUAL MOTOR CARRIER DRIVER.

(3) THE TERM SHALL NOT INCLUDE AN INDIVIDUAL WHO

RECEIVES ONLY REIMBURSEMENT FOR ACTUAL EXPENSES INCURRED

DURING THE PROVISION OF TRANSPORTATION.

"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

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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 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

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.

"TRANSPORTATION NETWORK SERVICE" OR "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 A

PREARRANGED RIDE.

(II) IS CHARACTERIZED BY A TRANSPORTATION NETWORK

COMPANY DRIVER OFFERING OR PROVIDING A PREARRANGED RIDE

TO A PASSENGER.

(III) IS RENDERED ON AN EXCLUSIVE BASIS. FOR

PURPOSES OF THIS PARAGRAPH, THE TERM "EXCLUSIVE BASIS"

MEANS A TRANSPORTATION NETWORK SERVICE ON A GIVEN

PREARRANGED RIDE WHEN EACH INDIVIDUAL, PARTY OR GROUP MAY

NOT BE REQUIRED TO RIDE WITH ANOTHER PASSENGER ON THAT

PREARRANGED RIDE UNLESS THE INDIVIDUAL, PARTY OR GROUP

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CONSENTS TO ADDITIONAL PASSENGERS ON THE PREARRANGED

RIDE.

(2) THE TERM INCLUDES THE PERIODS WHEN:

(I) A DRIVER IS LOGGED ONTO A TRANSPORTATION NETWORK

COMPANY'S DIGITAL NETWORK AND AVAILABLE FOR SERVICE.

(II) A DRIVER IS CONDUCTING A PREARRANGED RIDE.

* * *

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 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.

(B) RETURN OF VEHICLE.--THE VEHICLE MAY BE RETURNED TO THE

REGISTERED OWNER UPON PAYMENT OF THE COSTS OF THE COMMISSION

ASSOCIATED WITH CONFISCATION AND IMPOUNDMENT. FAILURE OF A

TRANSPORTATION NETWORK COMPANY, DRIVER OF A CONFISCATED VEHICLE

OR REGISTERED OWNER TO PAY THESE COSTS MAY RESULT IN FORFEITURE

AND SALE OF THE VEHICLE.

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FOLLOWING 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

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

from the sale of impounded vehicles.

(D) DISPOSITION OF SALE PROCEEDS.--THE PROCEEDS OF THE SALE

OF A VEHICLE BY THE COMMISSION UNDER THIS SECTION SHALL FIRST BE

USED TO SATISFY ANY LIENS ON THE VEHICLE OR, IF THE VEHICLE IS

SUBJECT TO A LEASE, TO PAY THE LESSOR DAMAGES DUE TO LESSOR UPON

DEFAULT BY THE LESSEE AS PROVIDED BY 13 PA.C.S. § 2A527

(RELATING TO LESSOR'S RIGHTS TO DISPOSE OF GOODS) PRIOR TO

PAYING ANY FINES, PENALTIES AND COSTS.

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,

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provides, furnishes, contracts, or arranges for such

transportation, or the furnishing, providing, or procuring of

facilities therefor, other than as a motor carrier directly or

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

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

a transportation network company or a transportation network

company driver.

"Contract carrier by motor vehicle."

* * *

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

not include:

* * *

(x) A transportation network company or 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.

§ 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

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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

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.

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(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

consideration the amount required for dual motor carriers.

§ 2403. Lease to own.

(a) Insurance CONDITIONS .--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 AND COMMISSION REGULATIONS .

(b) Responsibility.--The taxi or limousine service shall not

be required to provide insurance to a driver who completes

purchase of the vehicle and OR who no longer provides driver

services to the taxi or limousine company.

CHAPTER 26

TRANSPORTATION NETWORK SERVICE

Sec.

2601. Definitions.

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2602. Exclusions.

2603. Applicability of certain laws and prohibition.

2603.1. Financial responsibility requirements.

2603.2. Disclosures.

2604. Licenses , certificates and regulations .

2604.1. Licensure requirements.

2604.2. Records.

2604.3. Discrimination in service SERVICE STANDARDS .

2604.4. Dual motor carrier authority .

2604.5. Lienholder AND LESSOR 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).

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§ 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 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.

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) CITIES OF THE FIRST CLASS.--THE PROVISIONS OF THIS

CHAPTER SHALL NOT APPLY TO TRANSPORTATION NETWORK COMPANIES,

TRANSPORTATION NETWORK COMPANY DRIVERS OR TRANSPORTATION NETWORK

SERVICES ORIGINATING WITHIN A CITY OF THE FIRST CLASS.

(B) 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

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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).

(3) Laws and regulations containing insurance

requirements for motor carriers, except as provided in

section 2604.1(b)(8) 2604.1(B)(9) (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 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;

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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

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 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

(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.

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(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

any of the following:

(A) automobile insurance maintained by the

transportation network company driver;

(B) automobile insurance maintained by the

transportation network company; or

(3.1) Notwithstanding paragraphs (1), (2) and (3),

insurance required for dual motor carriers that are

transportation network company vehicles shall be the same as

insurance coverage for taxis. The commission may increase the

insurance coverage for dual motor carriers and taxis, as

appropriate.

(3.1) A TRANSPORTATION NETWORK COMPANY OR TRANSPORTATION

NETWORK COMPANY DRIVER SHALL MAINTAIN INSURANCE COVERAGE TO

REPAIR A PERSONAL VEHICLE IN THE EVENT OF AN ACCIDENT WHILE

PROVIDING TRANSPORTATION NETWORK SERVICE. THE AMOUNT OF

COVERAGE SHALL BE BASED UPON THE VALUE OF THE VEHICLE AS

DETERMINED BY KELLY BLUE BOOK OR OTHER SOURCE, AS APPROVED BY

THE COMMISSION.

(3.2) NOTWITHSTANDING PARAGRAPHS (1), (2) AND (3),

INSURANCE COVERAGE REQUIRED FOR DUAL MOTOR CARRIER DRIVERS

THAT ARE USING PERSONAL VEHICLES TO PROVIDE TRANSPORTATION

NETWORK SERVICES SHALL BE THE SAME AS THE INSURANCE COVERAGE

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REQUIRED FOR TAXIS. THE COMMISSION SHALL REVIEW AND INCREASE

THE INSURANCE COVERAGE REQUIREMENTS FOR DUAL MOTOR CARRIERS

AND TAXIS AS NECESSARY IN THE PUBLIC INTEREST.

(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 by FOR 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 , WITH THE COMMISSION,

by the insurance carrier and must be in the form specified by

the commission by order or regulation.

(7) Insurance required under this subsection 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

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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.

(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:

20150SB0984PN1753 - 75 -

(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.

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

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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).

(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

require a transportation network company driver to sign a

waiver of potential liability for a loss of personal property

or injury.

(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.

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(a) Requirement.-- A disclosure under THE DISCLOSURES

REQUIRED BY 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

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 AND LESSOR requirements under

section 2604.5 (relating to lienholder AND LESSOR

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requirements).

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

(i) The driver's auto insurance company OR INSURANCE

AGENT that the driver will be using the vehicle to

provide services under this chapter.

(II) THE LIENHOLDER OR LESSOR THAT THE DRIVER WILL

BE USING THE VEHICLE TO PROVIDE SERVICES UNDER THIS

CHAPTER.

(ii) (III) 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. 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:

(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

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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

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

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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.

(II) RECORDS REQUIRED UNDER THIS CHAPTER AND MAKE

THEM AVAILABLE FOR INSPECTION BY THE COMMISSION, AT A

LOCATION WITHIN THIS COMMONWEALTH OR ELECTRONICALLY, 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 PROOF OF VALID

personal automobile insurance.

(ii) Criminal history records checks .

(iii) Driving record checks HISTORY REPORTS .

(iv) Valid driver's license and vehicle registration

and proof of vehicle inspections. COPIES OF VALID

DRIVER'S LICENSES FOR EACH DRIVER AND VEHICLE

REGISTRATION AND PROOF OF VEHICLE INSPECTIONS FOR ALL

PERSONAL VEHICLES AFFILIATED WITH THE TRANSPORTATION

NETWORK COMPANY.

(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.

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(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

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 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.

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(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

network company driver.

(7) Establish and provide driver training program

materials designed to ensure that each driver understands

safety and driving requirements. The materials shall be

provided prior to the driver being permitted to offer

transportation network services through the transportation

network company's digital network. The program may be

provided online.

(5) PRIOR TO PERMITTING A PERSON TO ACT AS A

TRANSPORTATION NETWORK COMPANY DRIVER ON ITS DIGITAL NETWORK,

A TRANSPORTATION NETWORK COMPANY SHALL DO ALL OF THE

FOLLOWING:

(I) CONDUCT OR HAVE A THIRD PARTY CONDUCT A LOCAL

AND NATIONAL CRIMINAL BACKGROUND CHECK FOR EACH DRIVER

APPLICANT. THE BACKGROUND CHECK SHALL INCLUDE A

MULTISTATE OR MULTIJURISDICTIONAL CRIMINAL RECORDS

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LOCATOR OR OTHER SIMILAR COMMERCIAL NATIONWIDE DATABASE

WITH PRIMARY SOURCE SEARCH VALIDATION AND A REVIEW OF THE

UNITED STATES DEPARTMENT OF JUSTICE NATIONAL SEX OFFENDER

PUBLIC WEBSITE. THE TRANSPORTATION NETWORK COMPANY SHALL

DISQUALIFY AN APPLICANT CONVICTED OF CERTAIN CRIMES IN

ACCORDANCE WITH THE FOLLOWING:

(A) AN APPLICANT CONVICTED OF ANY OF THE

FOLLOWING WITHIN THE PRECEDING SEVEN YEARS:

(I) DRIVING UNDER THE INFLUENCE OF DRUGS OR

ALCOHOL.

(II) A FELONY CONVICTION INVOLVING THEFT.

(III) A FELONY CONVICTION FOR FRAUD.

(IV) 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.

(B) AN APPLICANT CONVICTED OF ANY OF THE

FOLLOWING WITHIN THE PRECEDING 10 YEARS:

(I) USE OF A MOTOR VEHICLE TO COMMIT A

FELONY.

(II) BURGLARY OR ROBBERY.

FOLLOWING AT ANY TIME:

(I) 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.

(II) A CRIME OF VIOLENCE AS DEFINED IN 18

PA.C.S. § 5702 (RELATING TO DEFINITIONS).

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(III) AN ACT OF TERROR.

(II) OBTAIN AND REVIEW A DRIVING HISTORY RESEARCH

REPORT FOR THE PERSON FROM THE DEPARTMENT OF

TRANSPORTATION AND OTHER RELEVANT SOURCES. A PERSON WITH

MORE THAN THREE MOVING VIOLATIONS IN THE THREE-YEAR

PERIOD PRIOR TO THE CHECK OR A MAJOR VIOLATION IN THE

THREE-YEAR PERIOD PRIOR TO THE CHECK MAY NOT BE A

TRANSPORTATION NETWORK COMPANY DRIVER.

(III) ONE YEAR AFTER ENGAGING A TRANSPORTATION

NETWORK COMPANY DRIVER AND EVERY SECOND YEAR THEREAFTER,

CONDUCT THE CRIMINAL BACKGROUND AND DRIVING HISTORY

CHECKS REQUIRED BY THIS SUBSECTION AND VERIFY THAT A

TRANSPORTATION NETWORK COMPANY DRIVER CONTINUES TO BE

ELIGIBLE TO BE A DRIVER.

(6) (RESERVED).

(7) ESTABLISH AND PROVIDE, IN WRITING OR ELECTRONICALLY,

DRIVER TRAINING PROGRAM MATERIALS DESIGNED TO ENSURE THAT

EACH DRIVER UNDERSTANDS SAFETY AND DRIVING REQUIREMENTS WHILE

LOGGED ON TO A DIGITAL NETWORK OR PROVIDING A PREARRANGED

RIDE. DRIVER PROGRAM MATERIALS SHALL CONTAIN INFORMATION

RELATED TO PROVIDING SERVICE TO PEOPLE WITH DISABILITIES.

DRIVERS SHALL BE REQUIRED TO ACKNOWLEDGE RECEIPT OF PROGRAM

MATERIALS.

(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

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of insurance with the commission.

(10) Establish and maintain a publicly accessible

Internet website that provides:

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

address.

(I) AT LEAST TWO OF THE FOLLOWING:

(A) A CUSTOMER SERVICE TELEPHONE NUMBER.

(B) AN E-MAIL ADDRESS.

(D) ANY OTHER COMMUNICATION METHOD THAT ALLOWS A

PERSON TO COMMUNICATE DIRECTLY WITH THE CUSTOMER

SERVICE DEPARTMENT OF A TRANSPORTATION NETWORK

COMPANY.

(ii) The telephone number to file a consumer

complaint with the commission AND THE COMMISSION'S

INTERNET WEBSITE ADDRESS .

(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

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driver is logged onto ON TO 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

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 SERVICE STANDARDS .

(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:

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(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) WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS

SECTION, THE DIGITAL NETWORK USED BY A TRANSPORTATION NETWORK

COMPANY TO CONNECT DRIVERS AND PASSENGERS MUST BE ACCESSIBLE

TO CONSUMERS WHO ARE BLIND, VISUALLY IMPAIRED, DEAF AND HARD

OF HEARING.

(3) 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. SERVICE ANIMALS SHALL BE PERMITTED TO RIDE

IN THE PASSENGER COMPARTMENT OF A VEHICLE. IT SHALL BE A

VIOLATION OF THIS CHAPTER FOR A TRANSPORTATION NETWORK

COMPANY DRIVER TO PLACE A SERVICE ANIMAL IN ANY PART OF A

VEHICLE OTHER THAN THE PASSENGER COMPARTMENT.

(3) (4 ) A transportation network company may not impose

additional charges for service to an individual with a

physical or mental disability.

(4) (5) A transportation network company shall , IN AN

AREA WHERE WHEELCHAIR ACCESSIBLE SERVICE IS AVAILABLE,

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 , IF WHEELCHAIR

ACCESSIBLE SERVICE IS AVAILABLE, facilitate transportation

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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.

(II) IF CONNECTION UNDER SUBPARAGRAPH (I) IS NOT

AVAILABLE, DIRECTING THE PASSENGER TO AN ALTERNATIVE

PROVIDER WITH THE LEGAL AUTHORITY AND ABILITY TO DISPATCH

A WHEELCHAIR-ACCESSIBLE VEHICLE TO THE PASSENGER.

§ 2604.4. Dual motor carrier authority .

A dual motor carrier that provides call 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 or demand vehicle or a

personal vehicle driven by a transportation network company DUAL

MOTOR CARRIER driver to provide service in its authorized

service territory. THE CERTIFICATE HOLDER SHALL ENSURE, IN THE

SAME MANNER USED FOR CALL OR DEMAND FLEET VEHICLES, THAT

PERSONAL VEHICLES USED TO PROVIDE SERVICE UNDER THIS SECTION ARE

IN CONTINUOUS COMPLIANCE WITH DEPARTMENT OF TRANSPORTATION

INSPECTION STANDARDS AND THE COMMISSION'S VEHICLE STANDARDS.

§ 2604.5. Lienholder AND LESSOR 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 notify the driver to provide a signed document that

affirms that the driver has the comprehensive and collision

insurance required by the lienholder or lessor. The 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.

(A) ACKNOWLEDGMENT OF LIEN AND LEASE OBLIGATIONS.--

(1) A TRANSPORTATION NETWORK COMPANY SHALL DISCLOSE THE

FOLLOWING PROMINENTLY AND WITH A SEPARATE ACKNOWLEDGMENT OF

ACCEPTANCE TO ALL PROSPECTIVE TRANSPORTATION NETWORK COMPANY

DRIVERS IN ITS WRITTEN TERMS OF SERVICE FOR DRIVERS. THE

DISCLOSURE SHALL BE PROVIDED BEFORE A DRIVER IS ALLOWED TO

OFFER PREARRANGED RIDES ON A TRANSPORTATION NETWORK COMPANY'S

DIGITAL NETWORK:

[NAME OF TRANSPORTATION NETWORK COMPANY] WILL PROVIDE

YOU WITH A NOTICE EXPLAINING WHETHER IT PROVIDES

INSURANCE TO REPAIR YOUR PERSONAL VEHICLE IF YOU HAVE

AN ACCIDENT WHEN USING YOUR VEHICLE IN A

TRANSPORTATION NETWORK. IF [NAME OF TRANSPORTATION

NETWORK COMPANY] DOES NOT PROVIDE COVERAGE FOR DAMAGE

TO YOUR CAR, YOUR PERSONAL AUTOMOBILE INSURANCE

POLICY MIGHT NOT PROVIDE THE COVERAGE AND YOU MAY BE

REQUIRED TO PAY ALL COSTS TO REPAIR THE VEHICLE

YOURSELF IN THE EVENT OF AN ACCIDENT FOR WHICH YOU

ARE AT FAULT UNLESS YOU PURCHASE EXTRA INSURANCE. IF

YOU FINANCED THE PURCHASE OF THE VEHICLE OR LEASE THE

VEHICLE, YOU MUST NOTIFY YOUR LENDER OR LESSOR THAT

YOU WILL USE YOUR VEHICLE TO PROVIDE TRANSPORTATION

NETWORK SERVICE. YOUR LENDER OR LESSOR MAY REQUIRE

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YOU TO PURCHASE EXTRA INSURANCE COVERAGE OR IF YOU DO

NOT DO SO, MAY PURCHASE INSURANCE ON YOUR BEHALF AND

BILL YOU FOR THE COSTS OF THE POLICY. THE FAILURE TO

NOTIFY A LENDER OR LESSOR OR TO HAVE INSURANCE TO

COVER THE COST OF DAMAGE TO THE VEHICLE MAY CAUSE

YOUR VEHICLE TO BE REPOSSESSED OR YOUR LEASE TO BE

REVOKED. IF YOU HAVE QUESTIONS ABOUT THIS NOTICE, YOU

SHOULD CONTACT YOUR INSURANCE AGENT, YOUR LENDER OR

LESSOR OR THE PENNSYLVANIA INSURANCE DEPARTMENT.

(2) A TRANSPORTATION NETWORK COMPANY SHALL PROVIDE THE

NOTICE REQUIRED UNDER PARAGRAPH (1) UPON ANY SUBSEQUENT

MATERIAL REDUCTION IN INSURANCE COVERAGE BY THE COMPANY. FOR

PURPOSES OF THIS PARAGRAPH, "MATERIAL REDUCTION IN INSURANCE

COVERAGE" SHALL NOT INCLUDE THE REPLACEMENT OF INSURANCE

COVERAGE WITH SUBSTANTIALLY SIMILAR INSURANCE COVERAGE FROM A

DIFFERENT INSURER BY A TRANSPORTATION NETWORK COMPANY.

(3) A TRANSPORTATION NETWORK COMPANY SHALL NOTIFY

DRIVERS IN WRITING WHETHER IT IS PROVIDING COMPREHENSIVE AND

COLLISION COVERAGE DURING SERVICE.

(B) PAYMENT OF DAMAGE CLAIMS.--IF A TRANSPORTATION NETWORK

COMPANY'S INSURER MAKES A PAYMENT FOR A CLAIM COVERED UNDER

COMPREHENSIVE OR COLLISION COVERAGE, THE TRANSPORTATION NETWORK

COMPANY SHALL CAUSE ITS INSURER TO ISSUE THE PAYMENT DIRECTLY TO

THE BUSINESS REPAIRING THE VEHICLE OR JOINTLY TO THE OWNER OF

THE VEHICLE AND THE PRIMARY LIENHOLDER OR LESSOR.

PERSONAL VEHICLE USED IN TRANSPORTATION NETWORK SERVICE THAT IS

SUBJECT TO A LIEN OR LEASE FAILS TO MAINTAIN COMPREHENSIVE OR

COLLISION DAMAGE COVERAGE REQUIRED BY THE LIENHOLDER OR LESSOR,

OR TO SHOW EVIDENCE TO THE LIENHOLDER OR LESSOR OF THE COVERAGE

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UPON REASONABLE REQUEST, THE LIENHOLDER OR LESSOR MAY OBTAIN THE

COVERAGE AT THE EXPENSE OF THE DRIVER WITHOUT PRIOR NOTICE TO

THE DRIVER.

§ 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). SATISFY

THE CRIMINAL HISTORY RECORD CHECK AND DRIVING HISTORY RECORD

CHECK REQUIREMENTS OF 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,

of the transportation network company's liability insurance

required under section 2603.1(b) (relating to financial

responsibility requirements) for any PERSONAL 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

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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 if required by the

driver's policy ;

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

not the owner of the automobile;

under section 2603.1 ; and

(D) the holder of the insurance policy covering

the automobile if the driver is not the holder of the

policy.

(6) Notify the transportation network company

immediately upon conviction for any offense listed under

section 2604.1(b)(5) or (6) 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 . TRANSPORTATION NETWORK COMPANY DRIVERS MAY 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 is logged

onto the digital network or is offering or providing a

prearranged ride under this chapter. Placards or other

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markings must be clearly distinguishable and clearly visible

from the outside of the vehicle.

(7.1) (I) NOT OPERATE OR CAUSE TO BE OPERATED A

PERSONAL VEHICLE AFFILIATED WITH THE TRANSPORTATION

NETWORK COMPANY IN ANY AREA WHERE THE OPERATION OF THE

VEHICLE IS PROHIBITED BY LAW, INCLUDING ANY AREA AT A

COMMERCIAL SERVICE AIRPORT.

(II) NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO

LIMIT THE ABILITY OF A MUNICIPALITY OR OTHER GOVERNING

AUTHORITY THAT OWNS OR OPERATES A COMMERCIAL SERVICE

AIRPORT FROM ADOPTING CONTRACTS OR REGULATIONS RELATING

TO THE DUTIES AND RESPONSIBILITIES OF A TRANSPORTATION

NETWORK COMPANY, TRANSPORTATION NETWORK COMPANY DRIVER OR

TRANSPORTATION NETWORK SERVICE ON AIRPORT PROPERTY.

(III) FOR PURPOSES OF THIS PARAGRAPH, THE TERM

"COMMERCIAL SERVICE AIRPORT" SHALL HAVE THE SAME MEANING

AS PROVIDED UNDER 49 U.S.C. § 47102 (RELATING TO

DEFINITIONS).

(8) DISPLAY A COMMISSION-APPROVED REMOVABLE PLACARD OR

DECAL PROVIDED BY THE TRANSPORTATION NETWORK COMPANY ON THE

AUTOMOBILE AT ANY TIME THE DRIVER IS LOGGED ON TO THE DIGITAL

NETWORK OR IS OFFERING OR PROVIDING A PREARRANGED RIDE UNDER

THIS CHAPTER. PLACARDS OR OTHER MARKINGS MUST BE CLEARLY

DISTINGUISHABLE TO IDENTIFY THAT A PARTICULAR VEHICLE IS

ASSOCIATED WITH A PARTICULAR TRANSPORTATION NETWORK COMPANY

AND BE SUFFICIENTLY LARGE AND COLOR-CONTRASTED TO BE READABLE

DURING DAYLIGHT HOURS AT A DISTANCE OF AT LEAST 50 FEET.

(9) NOT SMOKE WHILE ENGAGING IN A PREARRANGED RIDE.

(1) A driver shall provide affirmation to the

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transportation network company of the following:

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

of the vehicle and has received notification of all

requirements under ALL OF THE DISCLOSURES REQUIRED BY

section 2603.2 (relating to disclosures).

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

personal insurance company or policyholder 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

CONTAINED in a written or an electronic form and shall

include the driver's electronic or written signature.

§ 2606. Personal vehicle requirements.

(a) Authorized vehicles.-- Personal vehicles used by a

transportation network company driver to provide transportation

network service may be a coupe, sedan or other light-duty

vehicle, including a van, minivan, sport utility vehicle,

hatchback, convertible or pickup truck that is equipped and

licensed for use on a public highway. At no time may a vehicle

used to provide transportation network service transport a

greater number of individuals, including the driver, than the

number of seat belts factory installed in the vehicle.

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

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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 under section 2605(b)(8) (relating to

transportation network company drivers).

(1) An annual certificate of inspection under 75 Pa.C.S.

Ch. 47 (relating to inspection of vehicles) 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,

inspection must be conducted by a facility approved by the

Department of Transportation.

(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

compliance with this section.

§ 2607. Rates and forms of compensation.

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

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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, or, in a city of the

first class, with the parking authority of a city of the first

class, including the basis for its fares and its policies

regarding surge DYNAMIC 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.

(D) DYNAMIC PRICING.--A TRANSPORTATION NETWORK COMPANY SHALL

PROVIDE NOTICE TO POTENTIAL PASSENGERS PRIOR TO ACCEPTING A RIDE

THROUGH ITS DIGITAL NETWORK ANY TIME DYNAMIC PRICING IS IN

EFFECT.

(E) LIMITATION.--WHEN A STATE OF DISASTER EMERGENCY IS

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DECLARED UNDER 35 PA.C.S. § 7301 (RELATING TO GENERAL AUTHORITY

OF GOVERNOR), A TRANSPORTATION NETWORK COMPANY THAT ENGAGES IN

DYNAMIC PRICING SHALL LIMIT THE MULTIPLIER BY WHICH ITS BASE

RATE IS MULTIPLIED TO THE NEXT HIGHEST MULTIPLE BELOW THE THREE

HIGHEST MULTIPLES SET ON DIFFERENT DAYS IN THE 60 DAYS PRECEDING

THE DECLARATION OF EMERGENCY. IT SHALL BE A VIOLATION OF THE ACT

OF OCTOBER 31, 2006 (P.L.1210, NO.133), KNOWN AS THE PRICE

GOUGING ACT, FOR A TRANSPORTATION NETWORK COMPANY TO CHARGE A

PRICE THAT EXCEEDS THE LIMITS OF THIS SUBSECTION DURING A STATE

OF DISASTER EMERGENCY.

(e) (F) 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 systems).

§ 2608. Nondisclosure of passenger information.

(A) PROHIBITION ON DISCLOSURE.-- 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. AS USED IN THIS

PARAGRAPH, THE TERM "KNOWINGLY CONSENTS" MEANS:

(I) THE CUSTOMER IS NOT REQUIRED TO CONSENT TO THE

DISCLOSURE OF PERSONALLY IDENTIFIABLE OR FINANCIAL

INFORMATION TO A THIRD PARTY IN ORDER TO USE A DIGITAL

NETWORK OR RECEIVE A PREARRANGED RIDE.

(II) THE CUSTOMER CONSENTS TO DISCLOSURE OF

PERSONALLY IDENTIFIABLE OR FINANCIAL INFORMATION IN A

DOCUMENT THAT IS SEPARATE FROM THE TRANSPORTATION NETWORK

COMPANY'S TERMS OF SERVICE AGREEMENT.

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(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 or a

transportation network company driver 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:

(i) facilitate correct identification of the

passenger by the transportation network company driver;

(ii) to facilitate communication between the

passenger and the transportation network company driver.

(B) PROHIBITION ON SALES.--A TRANSPORTATION NETWORK COMPANY

SHALL NOT SELL THE PERSONALLY IDENTIFIABLE OR FINANCIAL

INFORMATION OF A TRANSPORTATION NETWORK COMPANY PASSENGER. THE

PROHIBITION UNDER THIS SUBSECTION SHALL NOT APPLY TO THE SALE,

MERGER OR ACQUISITION OF A TRANSPORTATION NETWORK COMPANY BY

ANOTHER ENTITY.

PARTY" SHALL NOT INCLUDE VENDORS OF A TRANSPORTATION NETWORK

COMPANY WHO MUST ACCESS PASSENGER PERSONALLY IDENTIFIABLE OR

FINANCIAL INFORMATION TO CARRY OUT CONTRACTED FOR WORK ON BEHALF

OF A TRANSPORTATION NETWORK COMPANY.

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§ 2609. Fines and penalties.

(a) Imposition.--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. The commission shall adopt a schedule of penalties to be

imposed for specific violations, including multiple violations.

The schedule shall delineate those offenses deemed to be serious

and appropriate penalties. CIVIL PENALTIES UNDER SECTION 3301

(RELATING TO CIVIL PENALTIES FOR VIOLATIONS) AND NONMONETARY

PENALTIES, INCLUDING LICENSE SUSPENSIONS, REVOCATIONS AND OTHER

APPROPRIATE REMEDIES FOR VIOLATIONS OF THIS CHAPTER AND

COMMISSION REGULATIONS AND ORDERS. THE COMMISSION SHALL ADOPT A

SCHEDULE OF PENALTIES TO BE IMPOSED FOR SPECIFIC VIOLATIONS,

INCLUDING MULTIPLE VIOLATIONS. THE SCHEDULE SHALL DELINEATE

OFFENSES DEEMED TO BE SERIOUS AND THE CORRESPONDING PENALTIES.

(b) Disqualification.--

(1) The commission may issue an order to a

transportation network company requiring disqualification of

a driver from being a transportation network company driver

if:

(i) during any three-year period the driver commits

five or more violations under this title; or

(ii) at any time after the date of enactment of this

act, the driver is convicted of any criminal offense

described under section 2604.1(b)(5) (relating to

licensure requirements).

(2) A commission directive to the transportation network

company to disqualify a driver from being a transportation

network company driver may occur only after the filing and

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adjudication of a formal complaint pursuant to Chapter 7

(relating to procedure on complaints) and 52 Pa. Code Ch. 5

(relating to formal proceedings), by which the COMMISSION

REGULATIONS. A transportation network company shall be

afforded full due process, including notice and opportunity

to be heard.

(3) The commission may adopt regulations to allow for

the reinstatement of a driver following an appropriate

disqualification period and compliance with any conditions

imposed by the commission.

§ 2610. Commission costs.

The program costs for commission implementation and

enforcement of this chapter shall be included in the

commission's proposed budget and shall be assessed upon

transportation network companies in accordance with section 510

(relating to assessment for regulatory expenses upon public

utilities). For the purposes of section 510 only, the definition

of public utility shall include a transportation network 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 , PROVIDED UNDER THIS CHAPTER, regardless of the entity

that collects the revenues. Gross intrastate receipts under this

section shall not include gross receipts assessed by a parking

authority in a city of the first class under section 2611(d)

(relating to city of the first class).

§ 2611. City of the first class.

(a) Authority.--A transportation network company that has

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been licensed by the commission may apply to the parking

authority of a city of the first class for a certificate to

operate in the city of the first class. The certificate shall be

granted to the transportation network company within 90 days if

the parking authority determines that the transportation network

company is in compliance with the following:

(1) Section 2603.1 (relating to financial responsibility

requirements).

(2) Section 2603.2 (relating to disclosures).

(3) Section 2604 (relating to licenses, certificates and

regulations).

(4) Section 2604.1 (relating to licensure requirements).

(5) Section 2604.3 (relating to discrimination in

service).

(6) Section 2604.4 (relating to dual motor carrier

authority).

(7) Section 2604.5 (relating to lienholder

requirements).

(8) Section 2605 (relating to transportation network

company drivers).

(9) Section 2606 (relating to personal vehicle

requirements).

(10) Section 2607 (relating to rates and forms of

compensation).

(11) Section 2608 (relating to nondisclosure of

passenger information).

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

first class may adopt reasonable regulations relating to

enforcement under this section that do not impose additional

burdens on the transportation network company than those imposed

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by the commission on transportation network company vehicles

outside the city of the first class.

holds a certificate from a parking authority of a city of the

first class shall comply with section 2604.3.

(d) 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 1% of the gross receipts from all

fares 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 and deposited into a

special account in the State Treasury. The Treasurer shall

annually distribute 66.67% to a school district of the first

class and 33.33% to the parking authority of the city of the

first class.

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

collects money under subsection (d) 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 . Information reported shall not be subject to the act of

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

(f) 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.

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(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.

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

(1) If the parking authority of a city of the first

class has evidence that the appropriate assessment amount is

not being remitted under subsection (d) , it 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

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

(3) The following shall apply:

(i) The authority may issue an order to a

transportation network company requiring disqualification

of a driver from being a transportation network company

driver if:

(A) during any three-year period the driver

commits five or more violations under this title; or

(B) at any time after the effective date of this

act, the driver is convicted of a criminal offense

described under section 2604.1(b)(5) (relating to

licensure requirements).

(ii) An authority directive to the transportation

network company to disqualify a driver from being a

transportation network company driver may occur only

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after the filing and adjudication of a formal complaint

pursuant to 52 Pa. Code Ch. 1005 (relating to formal

proceedings) , by which the transportation network company

shall be afforded full due process, including notice and

opportunity to be heard.

(iii) The authority may adopt regulations to allow

reinstatement of a driver following an appropriate

disqualification period and compliance with any

conditions imposed by the authority.

(iv) The authority may only confiscate the vehicle

of a driver who continues to provide transportation

network company service while disqualified or following

suspension or revocation of a transportation network

company's license.

Section 6. The definition of "bus" in section 102 of Title

75 is amended to read:

§ 102. Definitions.

Subject to additional definitions contained in subsequent

provisions of this title which are applicable to specific

provisions of this title, the following words and phrases when

used in this title shall have, unless the context clearly

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

* * *

"Bus."

(1) a motor vehicle designed to transport 16 or more

passengers, including the driver; or

(2) a motor vehicle, other than a taxicab [or],

limousine or personal vehicle as defined in 66 Pa.C.S. § 102

(relating to definitions), designed to transport not more

than 15 passengers, including the driver, and used for the

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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 immediately.

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