2015 -- S 0697

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LC002116

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS -- PUBLIC MOTOR VEHICLES

     Introduced By: Senators Pearson, Crowley, Picard, and Archambault

     Date Introduced: March 18, 2015

     Referred To: Senate Commerce

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 39-14.1-1 of the General Laws in Chapter 39-14.1 entitled "Public

Motor Vehicles" is 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 § 39-13-1, or a taxicab or limited public motor vehicle, as defined in § 39-14-

1, used for transporting members of the general public for compensation in unmarked vehicles at

a predetermined or prearranged charge 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, by licensed home

nursing care providers or nursing facilities licensed pursuant to the provisions of chapter 17 of

title 23, assisted living residence providers licensed pursuant to chapter 17.4 of title 23, licensed

adult day services providers licensed pursuant to § 23-1-52 and programs of all inclusive care for

the elderly (PACE) as certified by the Centers for Medicare and Medicaid Services (CMS) 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.

     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 expand the definition of public motor vehicles to include transportation

services, licensed home care nursing care providers and facilities, assisted living providers,

licensed adult day services as well as programs for inclusive care for the elderly.

     This act would take effect upon passage.

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