BILL NUMBER: AB 1360 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 29, 2015
AMENDED IN ASSEMBLY APRIL 23, 2015
AMENDED IN ASSEMBLY APRIL 14, 2015
INTRODUCED BY Assembly Member Ting
FEBRUARY 27, 2015
An act to amend Section 5401 of the Public Utilities Code,
relating to charter-party carriers of passengers.
LEGISLATIVE COUNSEL'S DIGEST
AB 1360, as amended, Ting. Charter-party carriers of passengers:
individual fare exemption.
The Passenger Charter-Party Carriers' Act generally requires
charges for transportation offered or afforded by a charter-party
carrier of passengers to be computed and assessed on a vehicle
mileage or time-of-use basis, rather than on an individual-fare
basis, subject to certain exemptions.
This bill would also exempt from these provisions a rideshare
program operated by a transportation network company that
arranges a ride on a prearranged route prearranges a
ride among multiple passengers who share the ride in whole or
in part, provided that the vehicle seats no more than 7
persons, passengers, not including the driver,
is operated by a participating driver, as defined, is not used to
provide public transit services or carry passengers over a fixed
route, and is not used to provide pupil transportation services or
public paratransit services, and the fare for each passenger is less
than the fare that would be charged to a single passenger traveling
alone.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5401 of the Public Utilities Code is amended to
read:
5401. Charges for the transportation to be offered or afforded by
a charter-party carrier of passengers shall be computed and assessed
on a vehicle mileage or time of use basis, or on a combination
thereof. These charges may vary in accordance with the passenger
capacity of the vehicle, or the size of the group to be transported.
However, no charter-party carrier of passengers shall, directly or
through an agent or otherwise, nor shall any broker, contract for,
agree to, or demand or receive compensation in an amount, or arrange
to charge an amount, for the transportation offered or afforded, that
shall be computed on an individual-fare basis, except as follows:
(a) Schoolbus contractors who are compensated by parents of
children attending public, private, or parochial schools.
(b) Operators of round-trip sightseeing tour services conducted
under a certificate subject to Section 5371.1, or a permit issued
pursuant to subdivision (c) of Section 5384.
(c) (1) A rideshare program operated by a
transportation network company subject to this chapter that
arranges a ride on a prearranged route prearranges a
ride among multiple passengers who share the ride in whole or
in part, provided that all of the following requirements are met:
(1)
(A) The vehicle seats no more than seven
persons, passengers, not including the driver.
(2)
(B) The driver is a participating driver as defined in
subdivision (b) of Section 5431.
(3)
(C) The vehicle is not used to provide public transit
services or to carry passengers over a fixed route.
(4)
(D) The vehicle is not used to provide pupil
transportation services.
(5)
(E) The vehicle is not used to provide public
paratransit services.
(6)
(F) The individual fare for each passenger is less than
the fare that would be charged for the same ride to a single
passenger traveling alone.
(2) This subdivision does not change the insurance requirements
established under Section 5433 for a transportation network company
and any participating driver. This subdivision does not change the
insurance limitations set forth in Section 5434.