PRINTER'S NO. 435
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
447
Session of
2015
INTRODUCED BY FONTANA, TEPLITZ, BLAKE, BREWSTER, YUDICHAK, SMITH
AND COSTA, FEBRUARY 13, 2015
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
FEBRUARY 13, 2015
AN ACT
Amending Titles 53 (Municipalities Generally), 66 (Public
Utilities) and 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in taxicabs and limousines in first class cities,
further providing for definitions; in general provisions,
further providing for definitions; in powers and duties,
further providing for power of commission to require
insurance; in contract carrier by motor vehicle and broker,
further providing for declaration of policy and definitions;
providing for transportation network services; in
registration of vehicles, further providing for application
for registration.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "call or demand service,"
"taxicab service" and "limousine service" in section 5701 of
Title 53 of the Pennsylvania Consolidated Statutes are amended
to read:
§ 5701. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
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"Call or demand service" or "taxicab service." Local common
carrier service for passengers, rendered on either an exclusive
or nonexclusive basis, where the service is characterized by the
fact that passengers normally hire the vehicle and its driver
either by telephone call or by hail, or both. The term does not
include limousine service. The term shall not include
transportation network services as defined in 66 Pa.C.S. § 102
(relating to definitions).
* * *
"Limousine service."
(1) Except as provided in paragraph (2), a motor vehicle
providing any of the following services:
(i) Local, nonscheduled common carrier service for
passengers on an exclusive basis for compensation.
(ii) Common carrier service for passengers for
compensation:
(A) from any airport, railroad station or hotel
located in whole or in part in a city of the first
class; or
(B) to any airport, railroad station or hotel
located in whole or in part in a city of the first
class from a point within the city of the first
class.
(2) The term does not include any of the following:
(i) Taxicab service.
(ii) Service that was otherwise exempt from the
jurisdiction of the Pennsylvania Public Utilities
Commission prior to the effective date of this
subparagraph.
(iii) Other paratransit service.
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(iv) Employee commuter van pooling.
(v) A vehicle with a seating capacity of 16 or more
persons, including the driver.
(vi) Transportation network services as defined in
66 Pa.C.S. § 102 (relating to definitions).
* * *
Section 2. The definitions of "common carrier," "motor
carrier" and "public utility" in section 102 of Title 66 are
amended, the definition of "common carrier by motor vehicle" is
amended by adding a paragraph and the section is amended by
adding definitions to read:
§ 102. Definitions.
Subject to additional definitions contained in subsequent
provisions of this part which are applicable to specific
provisions of this part, the following words and phrases when
used in this part shall have, unless the context clearly
indicates otherwise, the meanings given to them in this section:
* * *
"Common carrier." Any and all persons or corporations
holding out, offering, or undertaking, directly or indirectly,
service for compensation to the public for the transportation of
passengers or property, or both, or any class of passengers or
property, between points within this Commonwealth by, through,
over, above, or under land, water, or air, and shall include
forwarders, but shall not include contract carriers by motor
vehicles, or brokers, or any bona fide cooperative association
transporting property exclusively for the members of such
association on a nonprofit basis. The term shall not include a
transportation network company or transportation network company
driver.
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"Common carrier by motor vehicle." Any common carrier who or
which holds out or undertakes the transportation of passengers
or property, or both, or any class of passengers or property,
between points within this Commonwealth by motor vehicle for
compensation, whether or not the owner or operator of such motor
vehicle, or who or which provides or furnishes any motor
vehicle, with or without driver, for transportation or for use
in transportation of persons or property as aforesaid, and shall
include common carriers by rail, water, or air, and express or
forwarding public utilities insofar as such common carriers or
such public utilities are engaged in such motor vehicle
operations, but does not include:
* * *
(10) A person or entity that is any of the following:
(i) A transportation network company.
(ii) A transportation network company driver.
* * *
"Motor carrier." A common carrier by motor vehicle, and a
contract carrier by motor vehicle. The term shall not include a
transportation network company or transportation network company
driver.
* * *
"Providing transportation network services." The time period
beginning when a transportation network company driver logs on
to a transportation network company's online-enabled application
or platform and is available to receive requests for
transportation network services and ending when a transportation
network company driver logs off of a transportation network
company's online-enabled application or platform or when the
passenger safely exits the vehicle, whichever occurs later. For
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purposes of this definition, the phrase "available to receive
requests for transportation network service" includes the time
period where the transportation network company driver is
waiting for a request for transportation or is waiting to pick
up a passenger and from the time a passenger is picked up until
the passenger safely exits the vehicle.
"Public utility."
(1) Any person or corporations now or hereafter owning
or operating in this Commonwealth equipment or facilities
for:
(i) Producing, generating, transmitting,
distributing or furnishing natural or artificial gas,
electricity, or steam for the production of light, heat,
or power to or for the public for compensation.
(ii) Diverting, developing, pumping, impounding,
distributing, or furnishing water to or for the public
for compensation.
(iii) Transporting passengers or property as a
common carrier.
(iv) Use as a canal, turnpike, tunnel, bridge,
wharf, and the like for the public for compensation.
(v) Transporting or conveying natural or artificial
gas, crude oil, gasoline, or petroleum products,
materials for refrigeration, or oxygen or nitrogen, or
other fluid substance, by pipeline or conduit, for the
public for compensation.
(vi) Conveying or transmitting messages or
communications, except as set forth in paragraph (2)(iv),
by telephone or telegraph or domestic public land mobile
radio service including, but not limited to, point-to-
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point microwave radio service for the public for
compensation.
(vii) Sewage collection, treatment, or disposal for
the public for compensation.
(viii) Providing limousine service in a county of
the second class pursuant to Subchapter B of Chapter 11
(relating to limousine service in counties of the second
class).
(2) The term does not include:
(i) Any person or corporation, not otherwise a
public utility, who or which furnishes service only to
himself or itself.
(ii) Any bona fide cooperative association which
furnishes service only to its stockholders or members on
a nonprofit basis.
(iii) Any producer of natural gas not engaged in
distributing such gas directly to the public for
compensation.
(iv) Any person or corporation, not otherwise a
public utility, who or which furnishes mobile domestic
cellular radio telecommunications service.
(v) Any building or facility owner/operators who
hold ownership over and manage the internal distribution
system serving such building or facility and who supply
electric power and other related electric power services
to occupants of the building or facility.
(vi) Electric generation supplier companies, except
for the limited purposes as described in sections 2809
(relating to requirements for electric generation
suppliers) and 2810 (relating to revenue-neutral
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reconciliation).
(3) For the purposes of sections 2702 (relating to
construction, relocation, suspension and abolition of
crossings), 2703 (relating to ejectment in crossing cases)
and 2704 (relating to compensation for damages occasioned by
construction, relocation or abolition of crossings) and those
portions of sections 1501 (relating to character of service
and facilities), 1505 (relating to proper service and
facilities established on complaint) and 1508 (relating to
reports of accidents), as those sections or portions thereof
relate to safety only, a municipal authority or
transportation authority organized under the laws of this
Commonwealth shall be considered a public utility when it
owns or operates, for the carriage of passengers or goods by
rail, a line of railroad composed of lines formerly owned or
operated by the Pennsylvania Railroad, the Penn-Central
Transportation Company, the Reading Company or the
Consolidated Rail Corporation.
(4) For the purposes of section 510 (relating to
assessment for regulatory expenses upon public utilities) and
Ch. 26 (relating to transportation network services), a
transportation network company shall be considered a public
utility.
* * *
"Transportation network company." A company that operates or
uses an online-enabled application or platform to connect a
passenger with a transportation network company driver for the
purpose of transportation between points within this
Commonwealth for compensation.
"Transportation network company driver." An individual who
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uses the individual's personal vehicle to provide a ride for a
passenger arranged through a transportation network company's
online-enabled application or platform.
"Transportation network company vehicle." A vehicle used by
a transportation network company driver to provide
transportation network services.
"Transportation network service." A service which meets all
of the following:
(1) Matches a passenger and driver using an online-
enabled application or platform in advance of the service
being provided.
(2) The first or principal person, party or group hiring
a transportation network company vehicle has the exclusive
right to determine where, when or if another passenger shall
be carried on that trip.
(3) Is characterized by an individual offering a ride to
a passenger in the individual's personal vehicle through an
online-enabled application or platform for compensation.
Section 3. Section 512 of Title 66 is amended to read:
§ 512. Power of commission to require insurance.
(a) Motor carriers.--The commission may, as to motor
carriers, prescribe, by regulation or order, such requirements
as it may deem necessary for the protection of persons or
property of their patrons and the public, including the filing
of surety bonds, the carrying of insurance, or the
qualifications and conditions under which such carriers may act
as self-insurers with respect to such matters. All motor
carriers of passengers, whose current liquid assets do not
exceed their current liabilities by at least $100,000, shall
cover each and every vehicle, transporting such passengers, with
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a public liability insurance policy or a surety bond issued by
an insurance carrier or a bonding company authorized to do
business in this Commonwealth, in such amounts as the commission
may prescribe, but not less than $5,000 for one and $10,000 for
more than one person injured in any one accident.
(b) Transportation network companies.--The commission may,
in respect to transportation network companies, promulgate
regulations or issue orders establishing requirements necessary
for the protection of persons or property of their patrons and
the public, including the carrying of insurance as required
under section 2603 (relating to service standards and
requirements of transportation network companies).
Section 4. The definition of "broker" in section 2501(b) of
Title 66 is amended and paragraph (2) of the definition of
"contract carrier by motor vehicle" is amended by adding a
subparagraph to read:
§ 2501. Declaration of policy and definitions.
* * *
(b) Definitions.--The following words and phrases when used
in this part shall have, unless the context clearly indicates
otherwise, the meanings given to them in this subsection:
"Broker." Any person or corporation not included in the term
"motor carrier" and not a bona fide employee or agent of any
such carrier, or group of such carriers, who or which, as
principal or agent, sells or offers for sale any transportation
by a motor carrier, or the furnishing, providing, or procuring
of facilities therefor, or negotiates for, or holds out by
solicitation, advertisement, or otherwise, as one who sells,
provides, furnishes, contracts, or arranges for such
transportation, or the furnishing, providing, or procuring of
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facilities therefor, other than as a motor carrier directly or
jointly, or by arrangement with another motor carrier, and who
does not assume custody as a carrier. The term shall not include
a transportation network company or a transportation network
company driver.
"Contract carrier by motor vehicle."
* * *
(2) The term "contract carrier by motor vehicle" does
not include:
* * *
(x) A transportation network company or
transportation network company driver.
* * *
Section 5. Title 66 is amended by adding a chapter to read:
CHAPTER 26
TRANSPORTATION NETWORK SERVICES
Sec.
2601. Definitions.
2602. Applicability of certain laws and prohibition.
2603. Service standards and requirements for transportation
network companies.
2604. Service standards and requirements for transportation
network company drivers.
2605. Transportation network company vehicle requirements.
2606. Rates and forms of compensation.
2607. Regulations and enforcement.
2608. Commission costs.
§ 2601. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
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context clearly indicates otherwise:
"License." Proof of the commission's approval authorizing a
transportation network company to operate a transportation
network service in this Commonwealth in accordance with this
chapter. The term does not include a certificate of public
convenience as described under Ch. 11 (relating to certificates
of public convenience).
§ 2602. Applicability of certain laws and prohibition.
(a) Motor carrier laws.--Except as otherwise specifically
provided, the following laws and regulations of this
Commonwealth shall not apply to a transportation network company
or transportation network company driver:
(1) 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."
(2) This title, except that the commission shall
regulate transportation network companies, drivers and
services under Chapters 3 (relating to public utility
commission), 5 (relating to powers and duties), 7 (relating
to procedure on complaints), 26 (relating to transportation
network services) and 33 (relating to violations and
penalties).
(3) 53 Pa.C.S (relating to municipalities generally).
(4) Laws and regulations containing special insurance
requirements for motor carriers, except as provided in
section 2603(a)(3)(vii) (relating to service standards and
requirements for transportation network companies).
(5) Laws imposing a greater standard of care on motor
carriers than that imposed on other drivers or owners of
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motor vehicles.
(6) Laws and regulations imposing special equipment
requirements and special accident reporting requirements on
motor carriers.
(b) Municipal licenses and taxes.--A municipality may not
impose a tax on or require a license for a transportation
network company or transportation network service.
(c) Waiver of liability prohibited.--
(1) A transportation network company or transportation
network company driver may not request or require a passenger
to sign a waiver of potential liability for losses of
personal property or injury.
(2) A transportation network company may not request or
require a transportation network company driver to sign a
waiver of potential liability for losses of personal property
or injury.
§ 2603. Service standards and requirements for transportation
network companies.
(a) Requirements.--
(1) A transportation network company may not operate in
this Commonwealth unless the transportation network company
holds and maintains a license issued by the commission.
(2) An application for a license must be made to the
commission in writing, be verified by oath or affirmation and
be in the form and contain the information as the commission
may, by regulation or order, require.
(3) A license shall be issued to a transportation
network company if the transportation network company meets
all the requirements of paragraph (4) and any conditions as
the commission deems necessary and in the public interest.
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(4) A transportation network company seeking a license
under this section must do all of the following as a
condition of receipt and maintenance of a license:
(i) Maintain accurate records of all of the
following for the time period determined by the
commission by regulation or order:
(A) All transportation network company drivers
providing services arranged through the
transportation network company's online-enabled
application or platform, including each driver's
identity, the driver's license number and the
information related to the driver's personal
automobile insurance policy including the name of the
insurer, policy number and expiration date.
(B) The number of transactions or rides provided
to passengers in this Commonwealth through the
transportation network company's online-enabled
application or platform, including the date, time,
origination, destination and fare of each of those
rides.
(C) Transportation network company vehicle
information for all vehicles used by the
transportation network company's drivers to provide
transportation network services, including the year,
make, vehicle identification number and registration
number for each vehicle.
(ii) Establish a driver-training program to ensure
that each transportation network company driver safely
operates his or her vehicle prior to the driver being
permitted to offer transportation network services
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through the transportation network company. The following
shall apply to the driver-training program:
(A) Each transportation network company shall
file the transportation network company's driver-
training program with the commission upon application
for a license to provide a transportation network
service.
(B) The commission shall establish, through
regulations or orders, the components each driver-
training program must include at a minimum.
(C) Each transportation network company must
file an annual report with the commission on the
number of transportation network company drivers
currently providing service for the transportation
network company that became eligible and completed
the driver-training program.
(iii) Implement a zero tolerance policy on the use
of drugs or alcohol while a transportation network
company driver provides transportation network services,
provide notice of the zero tolerance policy on the
transportation network company's publicly accessible
Internet website and implement procedures to report a
complaint about a transportation network company driver
with whom the passenger was matched and whom the
passenger reasonably suspects was under the influence of
drugs or alcohol during the course of the ride. A
transportation network company shall immediately suspend
a transportation network company driver who is the
subject of a passenger complaint alleging a violation of
the zero tolerance policy. The suspension shall last
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until the time the complaint investigation is complete.
(iv) Obtain and review, prior to permitting a person
to act as a transportation network company driver on the
transportation network company's online-enabled
application or platform, a criminal history research
report for the person from the Pennsylvania State Police
and other relevant law enforcement sources. The following
shall apply:
(A) The criminal history research report must be
a national criminal background check, including the
national sex offender database.
(B) A person who has been convicted, within the
past seven years, of driving under the influence of
drugs or alcohol or of a crime involving property
damage and theft may not be a transportation network
company driver.
(C) A person who has been convicted at any time
for fraud, sexual offenses, use of a motor vehicle to
commit a felony, acts of violence or acts of terror
may not be a transportation network company driver.
(v) Obtain and review, prior to permitting a person
to act as a transportation network company driver on the
transportation network company's online-enabled
application or platform, a driving history research
report for the person from the Department of
Transportation and other relevant sources. The following
shall apply:
(A) A person with more than three moving
violations in the three-year period prior to the
check or a major violation in the three-year period
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prior to the check may not be a transportation
network company driver.
(B) The commission shall determine, through
regulation or order, the frequency with which the
transportation network company must review the
driving history of each transportation network
company driver.
(vi) Display, on the online-enabled application or
platform used by the transportation network company to
connect transportation network company drivers and
passengers, a picture of the transportation network
company driver taken within the preceding 12 months, a
description of the individual's vehicle used in providing
transportation network services, including the make,
model, color and other identifying features and the
license plate number of the vehicle.
(vii) Maintain primary automobile insurance in the
amount and for coverages required by the commission's
regulations under section 512 (relating to power of
commission to require insurance) while the vehicle is
providing transportation network service. The coverage
shall include first party medical benefits as required by
75 Pa.C.S. § 1711 (relating to required benefits). The
following shall apply:
(A) In addition to the liability insurance
coverage requirements under this subparagraph, a
transportation network company must maintain third
party liability insurance coverage as determined by
the commission during the time period beginning when
the transportation network company driver receives
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and accepts a passenger's request for transportation
network services until the time the passenger safely
exits the vehicle.
(B) It shall be the sole and exclusive
responsibility of a transportation network company to
ensure that coverage required under this subparagraph
is in force prior to permitting a transportation
network company to provide transportation network
services through the transportation network company's
online-enabled application or platform. Each policy
maintained under this subparagraph, including each
policy maintained under clause (A), shall:
(I) Provide primary liability coverage for
incidents involving a transportation network
company driver while providing transportation
network services.
(II) Include a duty of the insurer to defend
against claims made against a transportation
network company driver or the owner of a personal
vehicle used to provide transportation network
services.
(C) The coverage requirements under this
subparagraph may be met by one of the following:
(I) A transportation network company
maintaining the insurance on the transportation
network company's own.
(II) With any combination of a policy
maintained by a transportation network company
and a policy maintained by a transportation
network company driver that is specifically
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written for the purpose of providing
transportation network services. Notwithstanding
any insurance coverage held or maintained by the
transportation network company driver, nothing
under this section shall limit the liability of a
transportation network company arising out of an
incident involving a transportation network
company driver while providing transportation
network services in a claim for damages against a
transportation network company for an amount
above the required insurance coverage under this
subparagraph.
(III) The coverage required under this
subparagraph may not be dependent on a
transportation network company driver's personal
automobile insurance policy first denying a claim
nor shall a personal automobile insurance policy
be required to first deny a claim.
(viii) File with the commission a Form E evidencing
its commercial insurance coverage and other coverage as
required under subparagraph (vii). Except for the Form E,
the commission may not disclose to a third party any
information related to the insurance policy. A record
disclosed by the commission shall not be subject to
disclosure to a third party by the commission, including
through a request submitted under the act of February 14,
2008 (P.L.6, No.3), known as the Right-to-Know Law.
(ix) Establish and maintain a publicly accessible
website that provides:
(A) A customer service telephone number.
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(B) A customer service email address or Internet
form.
(C) The telephone number to file a customer
complaint with the commission.
(D) Information regarding how to file an
insurance claim arising from an accident occurring
while a transportation network company driver is
providing transportation network services.
(x) File with the commission the transportation
network company's pricing policy effective during
emergencies and natural disasters which is designed to
prevent unconscionably excessive prices in compliance
with the act of October 31, 2006 (P.L.1210, No.133),
known as the Price Gouging Act.
(xi) Comply with the commission's regulations and
orders regarding the reporting of motor carrier accidents
for any accidents involving the transportation company's
drivers.
(xii) Maintain verifiable records regarding the
transportation company's operations and obligations under
this chapter for a minimum period of three years, or
other time period and details as may be required by the
commission.
(xiii) Comply with other requirements established by
the commission that are necessary and in the public
interest.
(b) License.--
(1) The commission shall prescribe, through regulations
or orders, the privileges, rights, obligations and authority
provided with, and suspension, revocation or renewal
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requirements for, the issuance of a license under this
chapter.
(2) A license under this chapter shall not provide the
same authority as a certificate of public convenience as
described under Ch. 11 (relating to certificates of public
convenience).
(c) Inspection of records.--The commission may inspect,
audit and investigate books, records and facilities of the
transportation network company and affiliated entities as the
books, records and facilities relate to the licensed services
provided by the transportation network company. A document or
record marked as confidential must be treated according to the
commission's practices and regulations regarding confidential
and trade secret information.
(d) Discrimination in service.--A transportation network
company must provide safe, reasonable and adequate service to
localities where services are offered. A transportation network
company may not, in regard to service, make or grant an
unreasonable preference or advantage to a person, corporation or
municipal corporation or subject a person, corporation or
municipal corporation to an unreasonable service, prejudice or
disadvantage. A transportation network company may not establish
or maintain an unreasonable difference, in regard to service,
between localities or between classes of service. This
subsection shall not prohibit the establishment of reasonable
classifications of service.
(e) Persons with disabilities.--A transportation network
company may not subject a person with physical or mental
disabilities to an unreasonable service, prejudice or
disadvantage. In regard to providing a service to a person with
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a disability in a nondiscriminatory manner, a transportation
network company and the transportation company's drivers shall
comply with all of the following:
(1) A transportation network company may not impose
additional charges for providing services to a person with
physical or mental disabilities because of those
disabilities.
(2) A transportation network company driver must
transport a service animal when accompanying a passenger with
physical or mental disabilities.
(3) If a passenger with physical or mental disabilities
requires the use of the passenger's mobility equipment, the
transportation network company driver must store the mobility
equipment in the vehicle during a ride if the vehicle is
reasonably capable of storing the mobility equipment. If the
driver is unable to store the passenger's mobility equipment
in the driver's vehicle, the driver shall refer the passenger
to another transportation network company driver or
transportation network company with a vehicle that is
equipped to accommodate the passenger's mobility equipment.
(4) The following shall apply to a transportation
network company driver's violation or alleged violation of
this subsection:
(i) A transportation network company shall not be
not liable for the transportation network company
driver's violation of this subsection unless the driver's
violation has been previously reported to the
transportation network company in writing and the
transportation network company has failed to reasonably
address the alleged violation.
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(ii) Within 10 days of receiving a complaint about a
driver's alleged violation of this subsection, the
commission shall report the complaint to the
transportation network company for which the driver
provides transportation network services.
(iii) The commission shall provide a transportation
network company the same due process rights provided
transportation providers in defending against civil
penalties assessed by the commission.
(f) Disclosures for prospective transportation network
company drivers.--
(1) A transportation network company must make the
following disclosures to a prospective driver in the
prospective driver's written terms of service:
(i) While operating on the transportation network
company's online-enabled application or platform, the
driver's personal vehicle insurance policy might not
afford liability coverage, depending on the policy's
terms.
(ii) The vehicle may not be used to provide
transportation network services until the insured
notifies the vehicle insurance provider that the driver
plans to use the vehicle to provide transportation
network services for the transportation network company
as required under section 2605(d) (relating to
transportation network company vehicle requirements).
(iii) A list of all requirements for transportation
network company drivers as provided under section 2604
(relating to service standards and requirements for
transportation network company drivers).
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(2) The disclosures required under this subsection must
be placed conspicuously in the prospective driver's written
terms of service.
(3) The prospective driver must acknowledge the terms of
service electronically or by signature.
§ 2604. Service standards and requirements for transportation
network company drivers.
(a) Separate licenses prohibited.--A separate license may
not be required for a transportation network company driver to
provide transportation network services for a licensed
transportation network company.
(b) Service requirements for transportation network company
drivers.--A transportation network company driver must do all of
the following:
(1) Pass a criminal history search and a driving history
search as specified under section 2603 (relating to service
standards and requirements for transportation network
companies).
(2) Possess a valid driver's license, proof of personal
automobile insurance and be at least 21 years of age.
(3) Carry a paper copy or electronic copy of the
transportation network company's liability insurance required
under section 2603(a)(3)(vii) (relating to service standards
and requirements for transportation network companies).
(4) In the case of an accident, provide proof of the
transportation network company's liability insurance and
other coverage as required under paragraph (3) to any other
party involved in the accident and, if applicable, to the law
enforcement officer who responds to the scene of an accident
and report the accident to the transportation network
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company.
(c) Prohibitions.--A tra nsportation network company driver
may only accept a ride arranged through the licensed
transportation network company's online-enabled application or
platform and may not solicit or accept street-hails or telephone
calls requesting transportation network service.
(d) Commission authority.--Each transportation network
company driver shall be subject to sections 501 (relating to
general powers) and 3301 (relating to civil penalties for
violations).
§ 2605. Transportation network company vehicle requirements.
(a) Authorized vehicles.--A transportation network company
vehicle must be a street-legal coupe, sedan or light-duty
vehicle, including a van, minivan, sport utility vehicle,
hatchback, convertible and pickup truck. A vehicle used to
provide transportation network service may not transport a
greater number of individuals, including the driver, than the
number of seatbelts that were factory installed in the vehicle.
(b) Age and mileage of vehicle.--The commission shall
promulgate regulations regarding a tra nsportation network
company's vehicle age, mileage and condition.
(c) Inspections required.--
(1) An annual certificate of inspection must be obtained
from an inspection station approved by the Department of
Transportation under 67 Pa. Code Ch. 175 (relating to vehicle
equipment and inspection) for each transportation network
company vehicle. A valid certificate of inspection shall be
maintained in all vehicles.
(2) A safety inspection must be conducted by the
transportation network company or a third party on each
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transportation network company vehicle before the vehicle is
used to provide transportation network services and annually
thereafter.
(3) An inspection under paragraph (2) shall be conducted
by an individual who is competent and qualified to make an
inspection to ensure that the equipment is in a safe
condition to be operated on the highway. The inspection shall
include the following:
(i) Foot brakes.
(ii) Emergency brakes.
(iii) Steering mechanism.
(iv) Windshield.
(v) Rear window and other glass.
(vi) Windshield wipers.
(vii) Headlights.
(viii) Tail lights.
(ix) Turn indicator lights.
(x) Stop lights.
(xi) Front seat adjustment mechanism.
(xii) The opening, closing and locking of doors.
(xiii) Horn.
(xvi) Speedometer.
(xv) Bumpers.
(xvi) Muffler and exhaust system.
(xvii) Condition of tires, including tread depth.
(xviii) Interior and exterior rear view mirrors.
(xix) Safety belts for driver and passenger.
(4) A commission officer may inspect the transportation
network company vehicles to ensure compliance with this
section.
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(5) The transportation network company shall ensure that
tra nsportation network company vehicles remain in continuous
compliance with the commission's vehicle standards and the
Department of Transportation inspection standards.
(6) Each vehicle shall be marked as required by
commission regulations or order when providing transportation
network service.
(d) Disclosure required.--A vehicle may not be operated for
purposes of providing transportation network services until the
insured notifies the vehicle insurance provider that the driver
plans to use the vehicle to provide transportation network
services for the transportation network company.
§ 2606. Rates and forms of compensation.
(a) Tariff.--A transportation network company must file and
maintain with the commission a tariff that sets forth the terms
and conditions of service, including the basis for its fares and
its policies regarding surge pricing.
(b) Passenger receipt.--Upon completion of transportation
under this chapter, each transportation network company must
transmit an electronic receipt to the passenger's email address
or account on a transportation network company's online-enabled
application or platform documenting the origination and
destination of the trip and the total amount paid, if any.
(c) Fares.--A transportation network company may offer
transportation network services at no-charge directly to the
passenger, suggest a donation or charge a fare directly to the
passenger or the transportation network company driver. If a
fare is charged, a transportation network company must disclose
the fare calculation method, the applicable rates being charged
and the option for an estimated fare to the passenger before
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booking the ride. The amount of a donation, charge, fare or
other compensation provided or received for transportation
network services shall not be subject to review or approval by
the commission under Ch. 13 (relating to rates and distribution
systems).
§ 2607. Regulations and enforcement.
(a) Regulations.--The commission may promulgate regulations
and orders to enforce this chapter.
(b) Enforcement.--The commission may, after notice and
opportunity to be heard, impose a civil fine, license suspension
or revocation, and other appropriate remedies for violations of
this chapter and commission regulations and orders.
§ 2608. Commission costs.
(a) Costs.--The costs for commission implementation and
enforcement of this chapter shall be included in the
commission's proposed budget and shall be assessed upon
transportation network companies in accordance with section 510
(relating to assessment for regulatory expenses upon public
utilities).
(b) Report.--The transportation network company shall report
annually to the commission the gross intrastate operating
revenues derived from transportation network service regardless
of the entity that collects the revenues.
Section 6. Section 1305(b) of Title 75 is amended to read:
§ 1305. Application for registration.
* * *
(b) Evidence of P.U.C. approval for buses and taxis.--Before
registering any bus or taxi which is required under the laws of
this Commonwealth to obtain a certificate of public convenience
from the Pennsylvania Public Utility Commission, the department
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shall require evidence that the certificate has been issued and
has not been revoked or has not expired. This subsection shall
not apply to a transportation network company vehicle as defined
in 66 Pa.C.S. § 102 (relating to definitions).
* * *
Section 7. This act shall take effect in 60 days.
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