AN ACT

 

1Amending Title 66 (Public Utilities) of the Pennsylvania
2Consolidated Statutes, in general provisions, further
3providing for definitions; in contract carrier by motor
4vehicle and broker, further providing for declaration of
5policy and definitions; and providing for liability for
6commuter ride-sharing vehicles.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. The definition of "common carrier by motor
10vehicle" in section 102 of Title 66 of the Pennsylvania
11Consolidated Statutes is amended by adding a paragraph and the
12section is amended by adding definitions to read:

13§ 102. Definitions.

14Subject to additional definitions contained in subsequent
15provisions of this part which are applicable to specific
16provisions of this part, the following words and phrases when
17used in this part shall have, unless the context clearly
18indicates otherwise, the meanings given to them in this section:

19* * *

1"Common carrier by motor vehicle." Any common carrier who or
2which holds out or undertakes the transportation of passengers
3or property, or both, or any class of passengers or property,
4between points within this Commonwealth by motor vehicle for
5compensation, whether or not the owner or operator of such motor
6vehicle, or who or which provides or furnishes any motor
7vehicle, with or without driver, for transportation or for use
8in transportation of persons or property as aforesaid, and shall
9include common carriers by rail, water, or air, and express or
10forwarding public utilities insofar as such common carriers or
11such public utilities are engaged in such motor vehicle
12operations, but does not include:

13* * *

14(10) A person or entity that:

15(i) is conducting, supporting, promoting or
16coordinating ride-sharing promotional activities or
17commuter ride sharing; or

18(ii) engaged in the business of a ride-sharing
19operator.

20"Commuter ride sharing." A car pool or van pool arrangement 
21whereby one or more groups are transported in a passenger motor 
22vehicle between a place of abode or terminus near the place of 
23abode and a place of employment or educational or other 
24institution. A group may not exceed 15 persons, including the 
25driver and may not be fewer than two persons including the 
26driver. The gross vehicle weight of the passenger motor vehicle
27may not exceed 10,000 pounds, excluding special rider equipment.
28The group must be transported in a round trip where the driver
29is also driving to or from the driver's place of employment or
30educational or other institution.

1* * *

2"Ride-sharing operator." The person, entity or concern
3responsible for the existence and continuance of commuter ride
4sharing. The party responsible is not necessarily the driver.
5The term includes, but is not limited to:

6(1) an employer;

7(2) an employer's agent;

8(3) an employer-organized association;

9(4) a State, regional or local agency; or

10(5) an entity that owns or leases a ride-sharing
11vehicle.

12"Ride-sharing promotional activities." The activities
13involved in forming a commuter ride-sharing arrangement,
14including, but not limited to:

15(1) public promotional and advertising activities;

16(2) receiving information from existing and prospective
17ride-sharing participants;

18(3) sharing the information received under paragraph (2)
19with other existing and prospective ride-sharing
20participants;

21(4) matching the persons under paragraph (2) with other
22existing or prospective ride-sharing participants; and

23(5) making assignments of persons to ride-sharing
24arrangements.

25* * *

26Section 2. Paragraph (2) of the definition of "contract 
27carrier by motor vehicle" in section 2501(b) of Title 66 is
28amended by adding a subparagraph to read:

29§ 2501. Declaration of policy and definitions.

30* * *

1(b) Definitions.--The following words and phrases when used
2in this part shall have, unless the context clearly indicates
3otherwise, the meanings given to them in this subsection:

4* * *

5"Contract carrier by motor vehicle."

6* * *

7(2) The term "contract carrier by motor vehicle" does
8not include:

9* * *

10(x) Any person or corporation that is conducting,
11supporting, promoting or coordinating ride-sharing
12promotional activities or commuter ride sharing, or who
13engages in the business of a ride-sharing operator.

14Section 3. Title 66 is amended by adding a section to read:

15§ 2510. Liability for commuter ride-sharing vehicles.

16(a) Standard of care and limitation.--The operator and the
17driver of a commuter ride-sharing vehicle shall be held to a
18reasonable and ordinary standard of care and are not subject to
19an ordinance or regulation that relates to the regulation of a
20driver or owner of a motor vehicle operated for hire or other
21common carrier or public transit carrier.

22(b) Prohibition.--As a result of engaging in ride-sharing
23promotional activities, a person, entity or concern may not be
24liable for civil damages arising directly or indirectly from:

25(1) the maintenance and operation of a commuter ride-
26sharing vehicle; or

27(2) a negligent or intentional act of another person who
28is participating or proposing to participate in a commuter
29ride-sharing arrangement, unless the ride-sharing operator or
30promoter had:

1(i) prior knowledge the intentional act was likely
2to occur; and

3(ii) a commercially reasonable ability to prevent
4the act from occurring.

5Section 4. This act shall take effect in 60 days.