AN ACT

 

1Amending the act of December 14, 1982 (P.L.1211, No.279),
2entitled "An act providing for ridesharing arrangements and
3providing that certain laws shall be inapplicable to
4ridesharing arrangements," providing for a short title; 
5further providing for definitions and for motor carrier laws 
6not applicable to ridesharing; and making editorial changes.

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

9Section 1. Section 1 of the act of December 14, 1982
10(P.L.1211, No.279), entitled "An act providing for ridesharing
11arrangements and providing that certain laws shall be
12inapplicable to ridesharing arrangements," is repealed:

13[Section 1. Ridesharing arrangement defined.

14As used in this act, "ridesharing arrangement" shall mean any
15one of the following forms of transportation:

16(1) The transportation of not more than 15 passengers
17where such transportation is incidental to another purpose of
18the driver who is not engaged in transportation as a
19business. The term shall include ridesharing arrangements
20commonly known as carpools and vanpools, used in the

1transportation of employees to or from their place of
2employment.

3(2) The transportation of employees to or from their
4place of employment in a motor vehicle owned or operated by
5their employer.

6(3) The transportation of persons in a vehicle designed
7to hold no more than 15 people and owned or operated by a
8public agency or nonprofit organization for that agency's
9clientele or for a program sponsored by the agency.]

10Section 2. The act is amended by adding sections to read:

11Section 1.1. Short title.

12This act shall be known and may be cited as the Ridesharing
13Arrangements Act.

14Section 1.2. Definitions.

15The following words and phrases when used in this act shall
16have the meanings given to them in this section unless the
17context clearly indicates otherwise:

18"Ridesharing arrangement." Any one of the following forms of
19transportation provided by a ridesharing operator:

20(1) The transportation of not more than 15 passengers
21where the transportation is incidental to another purpose of
22the driver who is not engaged in transportation as a
23business. The term includes a carpool and vanpool used in the
24transportation of employees to or from their place of
25employment.

26(2) The transportation of employees to or from their
27place of employment in a motor vehicle owned or operated by
28their employer.

29(3) The transportation of persons in a vehicle designed
30to hold no more than 15 people and owned or operated by a

1public agency or nonprofit organization for that agency's
2clientele or for a program sponsored by the agency.

3(4) A carpool or vanpool arrangement in which the driver
4is not engaged in transportation as a business and one or
5more groups are transported in a passenger motor vehicle
6between a place of abode or terminus near the place of abode
7and a place of employment or educational or other
8institution, provided that:

9(i) The group consists of at least two persons
10including the driver and does not exceed 15 persons,
11including the driver.

12(ii) The group does not consist of school-aged
13children in grades 12 and under being transported to or
14from an educational institution.

15(iii) The gross vehicle weight of the passenger
16motor vehicle does not exceed 10,000 pounds, excluding
17special rider equipment.

18(iv) The group is transported in a round trip where
19the driver is also driving to or from the driver's place
20of employment or educational or other institution.

21"Ridesharing operator." The person, entity or concern
22responsible for the existence and continuance of a ridesharing
23arrangement. The party responsible may or may not be the driver.
24The term includes, but is not limited to:

25(1) an employer;

26(2) an employer's agent;

27(3) an employer-organized association;

28(4) a State, regional or local agency;

29(5) a nonprofit organization; or

30(6) an entity that owns, rents or leases a vehicle used

1in a ridesharing arrangement.

2"Ridesharing promotional activities." The activities
3involved in forming a ridesharing arrangement, including, but
4not limited to:

5(1) public promotional and advertising activities;

6(2) receiving information from existing and prospective
7ridesharing participants;

8(3) sharing the information received under paragraph (2)
9with other existing and prospective ridesharing participants;

10(4) matching the persons under paragraph (2) with other
11existing or prospective ridesharing participants; and

12(5) making assignments of persons to ridesharing
13arrangements.

14Section 3. Sections 2, 3, 4, 5, 6 and 9 of the act are
15amended to read:

16Section 2. [Motor carrier laws not applicable to ridesharing]
17Applicability of motor carrier and other laws.

18(a) General rule.--The following laws and regulations of
19this State shall not apply to any ridesharing arrangement:

20(1) Title 66 of the Pennsylvania Consolidated Statutes
21(relating to public utilities).

22(2) Laws and regulations containing special insurance
23requirements for motor carriers.

24(3) Laws imposing a greater standard of care on motor
25carriers than that imposed on other drivers or owners of
26motor vehicles.

27(4) Laws and regulations imposing special equipment
28requirements and special accident reporting requirements on
29motor carriers.

30(b) Ridesharing promotional activities.--The provisions of

1Title 66 of the Pennsylvania Consolidated Statutes shall not
2apply to any person or corporation that is conducting,
3supporting, promoting or coordinating ridesharing promotional
4activities.

5Section 3. [Workmen's] Workers' compensation act not applicable
6to ridesharing.

7The act of June 2, 1915 (P.L.736, No.338), known as ["The
8Pennsylvania Workmen's Compensation Act,"] the Workers' 
9Compensation Act, shall not apply to a passenger injured while
10participating in a ridesharing arrangement between such
11passenger's place of residence and place of employment. ["The
12Pennsylvania Workmen's Compensation Act"] The Workers' 
13Compensation Act shall apply to the driver of [a company-owned
14or leased] an employer-owned vehicle used in a ridesharing
15arrangement.

16Section 4. Liability of employer.

17(a) General rule.--An employer shall not be liable for
18injuries to passengers and other persons resulting from the
19operation or use of a motor vehicle, not owned[, leased or
20contracted for] by the employer, in a ridesharing arrangement.

21(b) Encouraging participation.--An employer shall not be
22liable for injuries to passengers and other persons because he
23provides information, incentives or otherwise encourages his
24employees to participate in ridesharing arrangements.

25Section 5. Insurance rates and policy exclusions.

26(a) General rule.--Provisions in an insurance policy which
27deny coverage for any motor vehicle used for commercial purposes
28or as a public or livery conveyance shall not apply to a vehicle
29used in a ridesharing arrangement.

30(b) Approval of Insurance Commissioner.--Premiums charged

1for ridesharing vehicles shall be approved by the Insurance
2Commissioner in conformity with the act of June 11, 1947 (P.L.
3538, No.246), known as ["The Casualty and Surety Rate Regulatory
4Act."] The Casualty and Surety Rate Regulatory Act.

5Section 6. Sales taxes and ridesharing.

6Money received by a driver who is not engaged in 
7transportation as a business as part of a ridesharing
8arrangement shall not be subject to taxation under Article II of
9the act of March 4, 1971 (P.L.6, No.2), known as the ["Tax
10Reform Code of 1971."] Tax Reform Code of 1971.

11Section 9. Ridesharing vehicles are not commercial vehicles or
12buses.

13[(a)] A motor vehicle:

14(1) designed for carrying not more than 15 passengers,
15exclusive of the driver, that is used in a ridesharing
16arrangement shall not be a "bus" as that term is defined in
1775 Pa.C.S. § 102 (relating to definitions)[.]; and

18[(b) A motor vehicle] (2) used in a ridesharing
19arrangement shall not be considered a "bus" or a "taxi" under
20the provisions of 75 Pa.C.S. § 1305 (relating to application
21for registration).

22Section 4. This act shall take effect in 30 days.