2015 -- H 5786

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LC001762

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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: Representatives Craven, and Lombardi

     Date Introduced: March 05, 2015

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

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

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Motor Vehicles" is hereby amended to read as follows:

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

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

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

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vehicle;

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

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

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

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

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

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transportation to and from their place of employment;

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

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

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motor vehicle as defined in this chapter;

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

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

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

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owner;

 

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

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association of individuals;

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

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jitney, as defined in § 39-13-1, or a taxicab or limited public motor vehicle, as defined in § 39-14-

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

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a predetermined or prearranged charge to such points as may be directed by the passenger. All

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vehicles operated under this chapter shall conform to specifications established by the division.

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Transportation services provided by charter carriers, as defined in this chapter, or by funeral

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homes in association with funeral services, and by ambulance companies, by licensed home

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

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

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adult day services providers licensed pursuant to chapter 52 of title 23 and programs of all

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inclusive care for the elderly a (PACE) as certified by the Centers for Medicare and Medicaid

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Services (CMS) shall be exempt from this chapter;

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

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

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

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

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

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

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to transporting only persons using wheelchairs.

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     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 vehicles not considered public motor vehicles

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and would include licensed home care nursing care providers and facilities, assisted living

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

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certified by Centers for Medicare and Medicaid Services.

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     This act would take effect upon passage.

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