2014 -- H 7990

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LC005198

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS - PUBLIC MOTOR VEHICLES

     Introduced By: Representatives Tanzi, and Ucci

     Date Introduced: March 27, 2014

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 39-14.1-1 and 39-14.1-6 of the General Laws in Chapter 39-14.1

entitled "Public Motor Vehicles" are hereby amended to read as follows:

     39-14.1-1. Definitions. -- Terms used in this chapter shall be construed as follows, unless

another meaning is expressed or is clearly apparent from the language or context:

      (1) "Certificate" means a certificate of operating authority issued to a public motor

vehicle;

      (2) "Charter carrier" means a provider of transportation services to groups such as:

lodges, bands, athletic teams, schools or other travel groups, assembled by someone other than

the carrier who collectively contracts for the exclusive use of certain equipment for the duration

of a particular trip or tour. Charter carrier services shall also include transportation services

provided by employment agencies or employers to individuals in the context of providing

transportation to and from their place of employment;

      (3) "Common carrier" as used in this chapter, means any person engaging in the business

of providing transportation services for compensation to passengers through the use of a public

motor vehicle as defined in this chapter;

      (4) "Division" means the division of public utilities and carriers;

      (5) "Driver" means any person operating a motor vehicle used for the transportation of

passengers which he or she owns or is operating with the expressed or implied consent of the

owner;

      (6) "Person" means and includes any individual, partnership, corporation, or other

association of individuals;

      (7) "Public motor vehicle" means and includes every motor vehicle for hire, other than a

jitney, as defined in section 39-13-1, or a taxicab or limited public motor vehicle, as defined in

section 39-14-1, used for transporting members of the general public for compensation in

unmarked vehicles at a predetermined or prearranged charge, and for which the rate is disclosed

to the passenger, in advance, through a software application to such points as may be directed by

the passenger. All vehicles operated under this chapter shall conform to specifications established

by the division. Transportation services provided by charter carriers, as defined in this chapter, or

by funeral homes in association with funeral services, and by ambulance companies shall be

exempt from this chapter;

      (8) "Unmarked vehicles" means motor vehicles that do not display the transportation

company's name, address or telephone number, or any advertisements or commercial information

beyond that included by the vehicle's manufacturer on the vehicle's exterior surfaces.

      (9) "Wheelchair accessible public motor vehicle" means a public motor vehicle designed

and equipped to allow the transportation of a person(s) who uses a wheelchair without requiring

that person(s) to be removed from the wheelchair, but such public motor vehicle is not restricted

to transporting only persons using wheelchairs.

     39-14.1-6. Operations of public motor vehicles. -- No public motor vehicle shall be

operated from any taxicab stand on any public highway; nor shall the operator of it transport any

passenger for hire unless the transportation is requested by the passenger at an office of the owner

of the vehicle, either personally or by telephone and/or other electronic means. When solicited by

a prospective customer the certificate holder or its representative shall quote what the actual

charge for the requested transportation service will be prior to picking up the passenger(s).

      The division shall establish and set a minimum allowable charge for public motor

vehicle services. The minimum allowable charge provisions of this section shall not apply to

public motor vehicle service that is prearranged, and for which the rate is disclosed to the

passenger in advance through a software application; or coordinated by or paid for by a state

department, authority or agency on behalf of clients of said state department, authority or agency;

provided, however, that the state department, authority or agency requests the service no later

than the day before the service is to be rendered.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS - PUBLIC MOTOR VEHICLES

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     This act would eliminate the requirement for a minimum allowable charge for public

motor vehicles when the service is prearranged and for which the rate is disclosed to the

passenger in advance through a software application.

     This act would take effect upon passage.

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LC005198

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