2015 -- S 0697 SUBSTITUTE A

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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. 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 § 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 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; provided,

however, that public motor vehicles that display markings identifying them as service or courtesy

vehicles used by licensed health care facilities, assisted living residences, and adult day care

programs, licensed by the department of health pursuant to chapter 17 of title 23 (licensing of

health care facilities), chapter 17.4 of title 23 (assisted living residence licensing act) and § 23-1-

52 (adult day care program licensure), respectively, shall be permitted to operate with such

markings provided the vehicles are registered to these licensed entities, operated by employees of

these licensed entities and that the services provided with these vehicles, when being used as

public motor vehicles, is limited to transportation services provided to passengers receiving

transportation services through a program funded by the federal government and/or the state of

Rhode Island; provided, further, that public motor vehicles providing transportation services

under a program funded by the federal government and/or the state of Rhode Island may display

temporary and easily removable markings (e.g., magnetic placards) on their vehicles for the sole

purpose of identifying the vehicles as authorized transportation service vehicles operating in

association with the publicly-funded program.

      (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

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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 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. This exemption shall also apply in cases where the state has contracted with a

private company to coordinate the scheduling and provision of such transportation services,

provided the funding for such transportation services comes exclusively through a program

funded by the federal government and/or the state of Rhode Island.

     SECTION 3. 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 exempt private transportation companies that contract with the state from

both the minimum allowable charge requirement and that the service be provided in "unmarked

vehicles", provided that the funding for such services comes exclusively from the federal and/or

state government.

     This act would take effect upon passage.

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