SENATE AMENDED
PRIOR PRINTER'S NOS. 548, 751, 1078 PRINTER'S NO. 3699
No. 521 Session of 1981
INTRODUCED BY TADDONIO, RASCO, KOLTER, PETRARCA, COWELL,
KUKOVICH, McVERRY, MARMION, FLECK, FRAZIER AND STAIRS,
FEBRUARY 10, 1981
SENATOR MANBECK, TRANSPORTATION, IN SENATE, AS AMENDED,
NOVEMBER 10, 1982
AN ACT
1 Providing for ridesharing arrangements and providing that
2 certain laws shall be inapplicable to ridesharing
3 arrangements.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Ridesharing arrangement defined.
7 As used in this act, "ridesharing arrangement" shall mean:
8 (1) The transportation of not more than 15 passengers
9 where such transportation is incidental to another purpose of
10 the driver who is not engaged in transportation as a
11 business. The term shall include ridesharing arrangements
12 commonly known as carpools and vanpools.
13 (2) The transportation of employees to or from their
14 place of employment in a motor vehicle owned or operated by
15 their employer.
16 (3) The transportation of not more than 15 persons in a
17 vehicle owned or operated by a public agency or nonprofit
1 organization.
2 Section 2. Motor carrier laws not applicable to ridesharing.
3 The following laws and regulations of this State shall not
4 apply to any ridesharing arrangement:
5 (1) Title 66 of the Pennsylvania Consolidated Statutes
6 (relating to public utilities).
7 (2) Laws and regulations containing special insurance
8 requirements for motor carriers.
9 (3) Laws imposing a greater standard of care on motor
10 carriers than that imposed on other drivers or owners of
11 motor vehicles.
12 (4) Laws and regulations imposing special equipment
13 requirements and special accident reporting requirements on
14 motor carriers.
15 Section 3. Workmen's compensation act not applicable to
16 ridesharing.
17 The act of June 2, 1915 (P.L.736, No.338), known as "The
18 Pennsylvania Workmen's Compensation Act," shall not apply to a
19 passenger injured while participating in a ridesharing
20 arrangement between such passenger's place of residence and
21 place of employment. "The Pennsylvania Workmen's Compensation
22 Act," shall apply to the driver of a company owned or leased
23 vehicle used in a ridesharing arrangement.
24 Section 4. Liability of employer.
25 (a) An employer shall not be liable for injuries to
26 passengers and other persons resulting from the operation or use
27 of a motor vehicle, not owned, leased or contracted for by the
28 employer, in a ridesharing arrangement.
29 (b) An employer shall not be liable for injuries to
30 passengers and other persons because he provides information,
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1 incentives or otherwise encourages his employees to participate
2 in ridesharing arrangements.
3 Section 5. Insurance rates and policy exclusions.
4 (a) Insurers shall not refuse to issue an insurance policy <--
5 or security solely on the basis that a vehicle is used in a
6 ridesharing arrangement.
7 (b) (A) Provisions in an insurance policy which deny <--
8 coverage for any motor vehicle used for commercial purposes or
9 as a public or livery conveyance shall not apply to a vehicle
10 used in a ridesharing arrangement.
11 (c) (B) Premiums charged for ridesharing vehicles shall be <--
12 approved by the Insurance Commissioner in conformity with the
13 act of June 11, 1947 (P.L. 538, No.246), known as "The Casualty
14 and Surety Rate Regulatory Act."
15 (d) Insurers shall not increase any premium because a motor <--
16 vehicle is used in a carpooling arrangement if the driving share
17 of the insured is equal to that of each individual participant
18 in the carpool.
19 Section 6. Sales taxes and ridesharing.
20 Money received by a driver as part of a ridesharing
21 arrangement shall not be subject to taxation under Article II of
22 the act of March 4, 1971 (P.L.6, No.2), known as the "Tax Reform
23 Code of 1971."
24 Section 7. Municipal licenses and taxes.
25 No municipality may impose a tax on, or require a license
26 for, a ridesharing arrangement.
27 Section 8. Overtime compensation and minimum wage laws do not
28 apply to ridesharing arrangements.
29 The laws of this State requiring payment of a minimum wage,
30 overtime pay or otherwise regulating the hours a person may work
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1 shall not apply to employees while traveling between their
2 residences and places of employment.
3 Section 9. Ridesharing vehicles are not commercial vehicles
4 or buses.
5 (a) A motor vehicle designed for carrying not more than 15
6 passengers exclusive of the driver that is used in a ridesharing
7 arrangement shall not be a "bus" as that term is defined in 75
8 Pa.C.S. § 102 (relating to definitions).
9 (b) A motor vehicle used in a ridesharing arrangement shall
10 not be considered a "bus" or a "taxi" under the provisions of 75
11 Pa.C.S. § 1305 (relating to application for registration).
12 Section 10. Effective date.
13 This act shall take effect in 60 days.
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