PRINTER'S NO. 2246
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY FONTANA, FERLO, HUTCHINSON, BREWSTER, SOLOBAY, WOZNIAK, KASUNIC, VANCE, SMITH, BLAKE, COSTA AND VULAKOVICH, JULY 17, 2014
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, JULY 17, 2014
1Amending Titles 53 (Municipalities Generally), 66 (Public
2Utilities) and 75 (Vehicles) of the Pennsylvania Consolidated
3Statutes, in taxicabs and limousines in first class cities,
4further providing for definitions; in general provisions,
5further providing for definitions; in powers and duties,
6further providing for assessment for regulatory expenses upon
7public utilities and for power of commission to require
8insurance; in contract carrier by motor vehicle and broker,
9further providing for declaration of policy and definitions;
10providing for transportation network services; in general
11provisions, further providing for definitions; and, in
12registration of vehicles, further providing for application
20§ 5701. Definitions.
1context clearly indicates otherwise:
2* * *
3"Call or demand service" or "taxicab service." Local common
4carrier service for passengers, rendered on either an exclusive
5or nonexclusive basis, where the service is characterized by the
6fact that passengers normally hire the vehicle and its driver
7either by telephone call or by hail, or both. The term does not
8include limousine service. The term shall not include
9transportation network services as defined in 66 Pa.C.S. § 102
10(relating to definitions).
11* * *
26(2) The term does not include any of the following:
27(i) Taxicab service.
2(iii) Other paratransit service.
3(iv) Employee commuter van pooling.
8* * *
9Section 2. The definitions of "common carrier" and "motor
10carrier" in section 102 of Title 66 are amended, the definition
11of "common carrier by motor vehicle" is amended by adding a
12paragraph and the section is amended by adding definitions to
14§ 102. Definitions.
15Subject to additional definitions contained in subsequent
16provisions of this part which are applicable to specific
17provisions of this part, the following words and phrases when
18used in this part shall have, unless the context clearly
19indicates otherwise, the meanings given to them in this section:
20* * *
21"Common carrier." Any and all persons or corporations
22holding out, offering, or undertaking, directly or indirectly,
23service for compensation to the public for the transportation of
24passengers or property, or both, or any class of passengers or
25property, between points within this Commonwealth by, through,
26over, above, or under land, water, or air, and shall include
27forwarders, but shall not include contract carriers by motor
28vehicles, or brokers, or any bona fide cooperative association
29transporting property exclusively for the members of such
30association on a nonprofit basis. The term shall not include a
3"Common carrier by motor vehicle." Any common carrier who or
4which holds out or undertakes the transportation of passengers
5or property, or both, or any class of passengers or property,
6between points within this Commonwealth by motor vehicle for
7compensation, whether or not the owner or operator of such motor
8vehicle, or who or which provides or furnishes any motor
9vehicle, with or without driver, for transportation or for use
10in transportation of persons or property as aforesaid, and shall
11include common carriers by rail, water, or air, and express or
12forwarding public utilities insofar as such common carriers or
13such public utilities are engaged in such motor vehicle
14operations, but does not include:
15* * *
16(10) A person or entity that is any of the following:
17(i) A transportation network company.
18(ii) A transportation network company driver.
19* * *
20"Motor carrier." A common carrier by motor vehicle, and a
21contract carrier by motor vehicle. The term shall not include a
22transportation network company or transportation network company
24* * *
9(2) Is rendered on an exclusive basis.
17(a) Determination of assessment.--Before November 1 of each
18year, the commission shall estimate its total expenditures in
19the administration of this part for the fiscal year beginning
20July of the following year, which estimate shall not exceed
21three-tenths of 1% of the total gross intrastate operating
22revenues of the public utilities or transportation network
23companies in accordance with section 2608 (relating to
24commission costs) under its jurisdiction for the preceding
25calendar year. Such estimate shall be submitted to the Governor
26in accordance with section 610 of the act of April 9, 1929
27(P.L.177, No.175), known as "The Administrative Code of 1929."
28At the same time the commission submits its estimate to the
29Governor, the commission shall also submit that estimate to the
30General Assembly. The commission or its designated
1representatives shall be afforded an opportunity to appear
2before the Governor and the Senate and House Appropriations
3Committees regarding their estimates. The commission shall
4subtract from the final estimate:
5* * *
6§ 512. Power of commission to require insurance.
7(a) Motor carriers.--The commission may, as to motor
8carriers, prescribe, by regulation or order, such requirements
9as it may deem necessary for the protection of persons or
10property of their patrons and the public, including the filing
11of surety bonds, the carrying of insurance, or the
12qualifications and conditions under which such carriers may act
13as self-insurers with respect to such matters. All motor
14carriers of passengers, whose current liquid assets do not
15exceed their current liabilities by at least $100,000, shall
16cover each and every vehicle, transporting such passengers, with
17a public liability insurance policy or a surety bond issued by
18an insurance carrier or a bonding company authorized to do
19business in this Commonwealth, in such amounts as the commission
20may prescribe, but not less than $5,000 for one and $10,000 for
21more than one person injured in any one accident.
22(b) Transportation network companies.--The commission may,
23in respect to transportation network companies, promulgate
24regulations or issue orders establishing requirements necessary
25for the protection of persons or property of their patrons and
26the public, including the carrying of insurance as required
27under section 2603 (relating to service standards and
28requirements of transportation network companies).
3§ 2501. Declaration of policy and definitions.
4* * *
8"Broker." Any person or corporation not included in the term
9"motor carrier" and not a bona fide employee or agent of any
10such carrier, or group of such carriers, who or which, as
11principal or agent, sells or offers for sale any transportation
12by a motor carrier, or the furnishing, providing, or procuring
13of facilities therefor, or negotiates for, or holds out by
14solicitation, advertisement, or otherwise, as one who sells,
15provides, furnishes, contracts, or arranges for such
16transportation, or the furnishing, providing, or procuring of
17facilities therefor, other than as a motor carrier directly or
18jointly, or by arrangement with another motor carrier, and who
19does not assume custody as a carrier. The term shall not include
20a transportation network company or a transportation network
22"Contract carrier by motor vehicle."
23* * *
26* * *
29* * *
30Section 6. Title 66 is amended by adding a chapter to read:
2TRANSPORTATION NETWORK SERVICES
52602. Applicability of certain laws and prohibition.
102605. Transportation network company vehicle requirements.
112606. Rates and forms of compensation.
132608. Commission costs.
14§ 2601. Definitions.
18"License." Proof of the commission's approval authorizing a
19transportation network company to operate a transportation
20network service in this Commonwealth in accordance with this
21chapter. The term does not include a certificate of public
22convenience as described under Ch. 11 (relating to certificates
23of public convenience).
24§ 2602. Applicability of certain laws and prohibition.
5(2) 53 Pa.C.S (relating to municipalities generally).
6(3) Laws and regulations containing special insurance
7requirements for motor carriers, except as provided in
8section 2603(a)(3)(vii) (relating to service standards and
9requirements for transportation network companies).
21(a) Requirements for transportation network companies.--
25(2) An application for a license shall be made to the
26commission in writing, be verified by oath or affirmation and
27be in the form and contain the information as the commission
28may, by regulation or order, require.
1the applicant will do all of the following:
2(i) Maintain accurate records of all transportation
3network company drivers providing services arranged
4through the transportation network company's digital
5network. The commission shall determine, by regulation or
6order, the appropriate time period for which the
7transportation network company shall retain the records
8of all transportation network company drivers.
9(ii) Establish a driver-training program designed to
10ensure that each transportation network company driver
11safely operates his or her vehicle prior to the driver
12being permitted to offer transportation network services
13through the transportation network company. The following
14shall apply to the driver-training program:
22(C) Each transportation network company must
23file an annual report with the commission on the
24number of transportation network company drivers
25currently providing service for the transportation
26network company that became eligible and completed
27the driver-training program.
1provide notice of the zero tolerance policy on its
2publicly accessible Internet website and procedures to
3report a complaint about a transportation network company
4driver with whom the passenger was matched and whom the
5passenger reasonably suspects was under the influence of
6drugs or alcohol during the course of the ride and
7immediately suspend the transportation network company
8driver upon receipt of a passenger complaint alleging a
9violation of the zero tolerance policy. The suspension
10shall last the duration of the investigation.
11(iv) Obtain and review, prior to permitting a person
12to act as a transportation network company driver on its
13digital network, a criminal history research report for
14the person. The following shall apply:
18(B) A person who has been convicted, within the
19past seven years, of driving under the influence of
20drugs or alcohol or of a crime involving property
21damage and theft may not be a transportation network
23(C) A person who has been convicted at any time
24for fraud, sexual offenses, use of a motor vehicle to
25commit a felony, acts of violence or acts of terror
26may not be a transportation network company driver.
27(v) Obtain and review, prior to permitting a person
28to act as a transportation network company driver on its
29digital network, a driving history research report for
30the person. A person with more than three moving
1violations in the three-year period prior to the check or
2a major violation in the three-year period prior to the
3check may not be a transportation network company
4driver. The commission shall determine, through
5regulation or order, the frequency with which the
6transportation network company must review the driving
7history of each transportation network company driver.
8(vi) Display, on the digital application used by the
9transportation network company to connect transportation
10network company drivers and passengers, a picture of the
11transportation network company driver taken within the
12preceding 12 months, a description of the individual's
13vehicle used in providing transportation network services
14and the license plate number of the vehicle.
15(vii) Maintain commercial liability insurance
16coverage in the amount of not less than $1,000,000,
17medical payments coverage in the amount of not less than
18$5,000, comprehensive and collision coverage in the
19amount of not less than $50,000 and
20uninsured/underinsured motorist coverage in the amount of
21not less than $1,000,000 per incident for incidents
22involving a transportation network company driver while
23providing transportation network company services. The
24following shall apply:
25(A) Transportation network companies that file
26as provided for under subparagraph (viii) with the
27commission at least $1,000,000 of commercial
28liability insurance coverage may operate vehicles
29with a seating capacity of not more than 8
30passengers, including the driver.
1(B) Transportation network companies that file
2with the commission at least $1,500,000 of commercial
3liability insurance coverage may operate vehicles
4with a seating capacity of no more than 10
5passengers, including the driver.
6(C) The insurance required under this
7subparagraph must apply from the time at which the
8transportation network company driver opens the
9digital application used by a transportation network
10company to connect transportation network company
11drivers and passengers, until the time at which the
12transportation network company driver closes the
13application or the passenger safely exits the
14vehicle, whichever is later.
15(D) Notwithstanding any insurance coverage held
16or maintained by the transportation network company
17driver, the transportation network company's
18insurance coverage required under this subparagraph
19shall cover each claim arising for an injury from an
20incident involving a transportation network company
21driver while providing transportation network company
23(viii) File with the commission a Form E evidencing
24its commercial insurance coverage and other coverage as
25required under subparagraph (vii). Except for the Form E,
26the commission may not disclose to a third party any
27information related to the insurance policy. A record
28disclosed under this subparagraph shall not be subject to
29disclosure to a third party by the commission, including
30through a request submitted under the act of February 14,
12008 (P.L.6, No.3), known as the Right-to-Know Law.
6(1) The commission shall prescribe, through regulations
7or orders, the privileges, rights and authority provided
8with, and suspension, revocation or renewal requirements for,
9the issuance of a license under this chapter.
14(c) Inspection of records.--Subject to reasonable
15confidentiality obligations and confidentiality laws, the
16commission may inspect records to investigate compliance with
17the requirements of this chapter and a regulations issued under
18section 2606 (relating to rates and forms of compensation).
19(d) Discrimination in service.--A transportation network
20company may not, in regard to service, make or grant an
21unreasonable preference or advantage to a person, corporation or
22municipal corporation or subject a person, corporation or
23municipal corporation to an unreasonable prejudice or
24disadvantage. A transportation network company may not establish
25or maintain an unreasonable difference, in regard to service,
26between localities or between classes of service. This
27subsection does not prohibit the establishment of reasonable
28classifications of service.
1(a) Separate licenses prohibited.--A separate license may
2not be required for a transportation network company driver that
3is approved to provide transportation network services by an
4approved transportation network company.
8(1) Each transportation network company driver must pass
9a criminal history search and a driving history search as
10specified in section 2603 (relating to service standards and
11requirements for transportation network companies).
15(3) A transportation network company driver must:
18(ii) In the case of an accident, provide proof of
19personal insurance and the transportation network
20company's commercial liability insurance and other
21coverage as required under section 2603(a)(3)(vii). A
22transportation network company driver shall have 24 hours
23to provide proof of the transportation network company's
24commercial liability insurance and other coverage as
25required under section 2603(a)(3)(vii).
26(4) A transportation network company driver may only
27accept a ride arranged through the approved transportation
28network company's digital network and may not solicit or
29accept street-hails or telephone calls.
30§ 2605. Transportation network company vehicle requirements.
1(a) Authorized vehicles.--A transportation network company
2vehicle must be street-legal coupes, sedans or light-duty
3vehicles including vans, minivans, sport utility vehicles,
4hatchbacks, convertibles and pickup trucks.
9(c) Inspections required.--
10(1) An annual certificate of inspection must be obtained
11from an inspection station approved by the Department of
12Transportation under 67 Pa. Code Ch. 175 (relating to vehicle
13equipment and inspection) for each transportation network
15(2) A safety inspection must conducted by the
16transportation network company or a third party on each
17transportation network company vehicle before the vehicle is
18used to provide transportation network services, and annually
20(3) An inspection under paragraph (2) shall be conducted
21by an individual who is competent and qualified to make an
22inspection to ensure that the equipment is in a safe
23condition to be operated on the highway. The inspection shall
24include the following:
25(i) Foot brakes.
26(ii) Emergency brakes.
27(iii) Steering mechanism.
29(v) Rear window and other glass.
30(vi) Windshield wipers.
2(viii) Tail lights.
3(ix) Turn indicator lights.
4(x) Stop lights.
5(xi) Front seat adjustment mechanism.
6(xii) The opening, closing and locking of doors.
10(xvi) Muffler and exhaust system.
11(xvii) Condition of tires, including tread depth.
12(xviii) Interior and exterior rear view mirrors.
13(xix) Safety belts for driver and passenger.
17§ 2606. Rates and forms of compensation.
18(a) Passenger receipt.--Upon completion of a trip, each
19transportation network company shall transmit an electronic
20receipt to the passenger's email address or mobile application
21documenting the origination and destination of the trip and the
22total amount paid, if any.
23(b) Fares.--A transportation network company may offer
24transportation network services at no-charge, suggest a donation
25or charge a fare. If a fare is charged, a transportation network
26company must disclose the fare calculation method, the
27applicable rates being charged and the option for an estimated
28fare to the passenger before booking the ride. The amount of a
29donation, charge, fare or other compensation provided or
30received for transportation network services shall not be
3§ 2607. Regulations.
6§ 2608. Commission costs.
7The program costs for commission implementation and
8enforcement of this chapter shall be included in the
9commission's proposed budget and shall be assessed upon
10transportation network companies in accordance with section
11510(a) (relating to assessment for regulatory expenses upon
15§ 102. Definitions.
16Subject to additional definitions contained in subsequent
17provisions of this title which are applicable to specific
18provisions of this title, the following words and phrases when
19used in this title shall have, unless the context clearly
20indicates otherwise, the meanings given to them in this section:
21* * *
1(P.L.1211, No.279), entitled "An act providing for ridesharing
2arrangements and providing that certain laws shall be
3inapplicable to ridesharing arrangements," or a school bus[.] or
4a motor vehicle designed for carrying not more than 15
5passengers, exclusive of the driver, that is used as a
6transportation network company vehicle as defined in 66 Pa.C.S.
7§ 102 (relating to definitions).
8* * *
9Section 8. Section 1305(b) of Title 75 is amended to read:
10§ 1305. Application for registration.
11* * *
12(b) Evidence of P.U.C. approval for buses and taxis.--Before
13registering any bus or taxi which is required under the laws of
14this Commonwealth to obtain a certificate of public convenience
15from the Pennsylvania Public Utility Commission, the department
16shall require evidence that the certificate has been issued and
17has not been revoked or has not expired. This subsection shall
18not apply to a transportation network company vehicle as defined
19in 66 Pa.C.S. § 102 (relating to definitions).
20* * *
21Section 9. This act shall take effect in 60 days.