2016 -- S 2791

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LC005016

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS - PUBLIC MOTOR VEHICLES

     Introduced By: Senator Louis P. DiPalma

     Date Introduced: March 23, 2016

     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 that 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) "Prearranged" or "prearrange" means a reservation for transportation services to be

provided by a public motor vehicle, made at least two (2) hours in advance of the delivery of

services to the passenger. Transportation services commence at the time the passenger is initially

picked up by the driver.

      (7) (8) "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) (9) "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 Rhode Island department of health, pursuant to chapters 17 and 17.4 of

title 23 and § 23-1-52, 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 service 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) (10) "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.

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     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 and prearranged by the passenger at an

office of the owner of the vehicle, either personally or by telephone and/or other electronic means

at least two (2) hours in advance of the delivery of the services to the passenger. 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 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 prohibit the operator of a public motor vehicle from transporting any

passenger unless the pickup time is prearranged at least two (2) hours before the actual pickup.

     This act would take effect upon passage.

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