PRINTER'S NO. 124
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
140
Session of
2015
INTRODUCED BY KILLION, MUSTIO, V. BROWN, O'BRIEN, KNOWLES,
WATSON, GODSHALL, EVANKOVICH, QUIGLEY, TRUITT AND ELLIS,
JANUARY 21, 2015
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, JANUARY 21, 2015
AN ACT
Amending 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," providing for a short title;
further providing for definitions and for motor carrier laws
not applicable to ridesharing; and making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1 of 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inapplicable to ridesharing arrangements," is repealed:
[Section 1. Ridesharing arrangement defined.
As used in this act, "ridesharing arrangement" shall mean any
one of the following forms of transportation:
(1) The transportation of not more than 15 passengers
where such transportation is incidental to another purpose of
the driver who is not engaged in transportation as a
business. The term shall include ridesharing arrangements
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commonly known as carpools and vanpools, used in the
transportation of employees to or from their place of
employment.
(2) The transportation of employees to or from their
place of employment in a motor vehicle owned or operated by
their employer.
(3) The transportation of persons in a vehicle designed
to hold no more than 15 people and owned or operated by a
public agency or nonprofit organization for that agency's
clientele or for a program sponsored by the agency.]
Section 2. The act is amended by adding sections to read:
Section 1.1. Short title.
This act shall be known and may be cited as the Ridesharing
Arrangements Act.
Section 1.2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Ridesharing arrangement." Any one of the following forms of
transportation provided by a ridesharing operator:
(1) The transportation of not more than 15 passengers
where the transportation is incidental to another purpose of
the driver who is not engaged in transportation as a
business. The term includes a carpool and vanpool used in the
transportation of employees to or from their place of
employment.
(2) The transportation of employees to or from their
place of employment in a motor vehicle owned or operated by
their employer.
(3) The transportation of persons in a vehicle designed
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to hold no more than 15 people and owned or operated by a
public agency or nonprofit organization for that agency's
clientele or for a program sponsored by the agency.
(4) A carpool or vanpool arrangement in which the driver
is not engaged in transportation as a business and one or
more groups are transported in a passenger motor vehicle
between a place of abode or terminus near the place of abode
and a place of employment or educational or other
institution, provided that:
(i) The group consists of at least two persons
including the driver and does not exceed 15 persons,
including the driver.
(ii) The group does not consist of school-aged
children in grades 12 and under being transported to or
from an educational institution.
(iii) The gross vehicle weight of the passenger
motor vehicle does not exceed 10,000 pounds, excluding
special rider equipment.
(iv) The group is transported in a round trip where
the driver is also driving to or from the driver's place
of employment or educational or other institution.
"Ridesharing operator." The person, entity or concern
responsible for the existence and continuance of a ridesharing
arrangement. The party responsible may or may not be the driver.
The term includes, but is not limited to:
(1) an employer;
(2) an employer's agent;
(3) an employer-organized association;
(4) a State, regional or local agency;
(5) a nonprofit organization; or
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(6) an entity that owns, rents or leases a vehicle used
in a ridesharing arrangement.
"Ridesharing promotional activities." The activities
involved in forming a ridesharing arrangement, including, but
not limited to:
(1) public promotional and advertising activities;
(2) receiving information from existing and prospective
ridesharing participants;
(3) sharing the information received under paragraph (2)
with other existing and prospective ridesharing participants;
(4) matching the persons under paragraph (2) with other
existing or prospective ridesharing participants; and
(5) making assignments of persons to ridesharing
arrangements.
Section 3. Sections 2, 3, 4, 5, 6 and 9 of the act are
amended to read:
Section 2. [Motor carrier laws not applicable to ridesharing]
Applicability of motor carrier and other laws.
(a) General rule.--The following laws and regulations of
this State shall not apply to any ridesharing arrangement:
(1) Title 66 of the Pennsylvania Consolidated Statutes
(relating to public utilities).
(2) Laws and regulations containing special insurance
requirements for motor carriers.
(3) Laws imposing a greater standard of care on motor
carriers than that imposed on other drivers or owners of
motor vehicles.
(4) Laws and regulations imposing special equipment
requirements and special accident reporting requirements on
motor carriers.
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(b) Ridesharing promotional activities.--The provisions of
66 Pa.C.S. (relating to public utilities) shall not apply to any
person or corporation that is conducting, supporting, promoting
or coordinating ridesharing promotional activities.
Section 3. [Workmen's] Workers' compensation act not applicable
to ridesharing.
The act of June 2, 1915 (P.L.736, No.338), known as ["The
Pennsylvania Workmen's Compensation Act,"] the Workers'
Compensation Act, shall not apply to a passenger injured while
participating in a ridesharing arrangement between such
passenger's place of residence and place of employment. ["The
Pennsylvania Workmen's Compensation Act"] The Workers'
Compensation Act shall apply to the driver of [a company-owned
or leased] an employer-owned vehicle used in a ridesharing
arrangement.
Section 4. Liability of employer.
(a) General rule.--An employer shall not be liable for
injuries to passengers and other persons resulting from the
operation or use of a motor vehicle, not owned[, leased or
contracted for] by the employer, in a ridesharing arrangement.
(b) Encouraging participation.--An employer shall not be
liable for injuries to passengers and other persons because he
provides information, incentives or otherwise encourages his
employees to participate in ridesharing arrangements.
Section 5. Insurance rates and policy exclusions.
(a) General rule.--Provisions in an insurance policy which
deny coverage for any motor vehicle used for commercial purposes
or as a public or livery conveyance shall not apply to a vehicle
used in a ridesharing arrangement.
(b) Approval of Insurance Commissioner.--Premiums charged
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for ridesharing vehicles shall be approved by the Insurance
Commissioner in conformity with the act of June 11, 1947 (P.L.
538, No.246), known as ["The Casualty and Surety Rate Regulatory
Act."] The Casualty and Surety Rate Regulatory Act.
Section 6. Sales taxes and ridesharing.
Money received by a driver who is not engaged in
transportation as a business as part of a ridesharing
arrangement shall not be subject to taxation under Article II of
the act of March 4, 1971 (P.L.6, No.2), known as the ["Tax
Reform Code of 1971."] Tax Reform Code of 1971.
Section 9. Ridesharing vehicles are not commercial vehicles or
buses.
[(a)] A motor vehicle:
(1) designed for carrying not more than 15 passengers,
exclusive of the driver, that is used in a ridesharing
arrangement shall not be a "bus" as that term is defined in
75 Pa.C.S. § 102 (relating to definitions)[.]; and
[(b) A motor vehicle] (2) used in a ridesharing
arrangement shall not be considered a "bus" or a "taxi" under
the provisions of 75 Pa.C.S. § 1305 (relating to application
for registration).
Section 4. This act shall take effect in 30 days.
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