A N
A C T
RELATING TO MOTOR
AND OTHER VEHICLES -- PUBLIC MOTOR VEHICLES
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Introduced
By: Senators Igliozzi, and Walaska |
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Date
Introduced: February 07, 2002 |
It is enacted by
the General Assembly as follows:
SECTION 1. Title 39 of the General Laws entitled "Public
Utilities and Carriers" is hereby amended by adding thereto the following
chapter:
CHAPTER 14.1
PUBLIC MOTOR VEHICLES
(1)
"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;
(2)
"Division" means the division of public utilities and carriers;
(3)
"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;
(4)
"Certificate" means a certificate of operating authority issued to a
public motor vehicle;
(5)
"Person" means and includes any individual, partnership, corporation,
or other association of individuals;
(6)
"Public motor vehicle" means and includes every motor vehicle for
hire, other than a jitney, as defined in section 39-13-1, or a taxicab or
limited public motor vehicle, as defined in section 39-14-1, used for
transporting members of the general public for compensation in unmarked
vehicles at a predetermined or prearranged rate or fee to such points as may be
directed by the passenger. 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;
(7)
"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;
(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.
39-14.1-2. Powers of division. -- Every person owning or operating
a motor vehicle engaged as a public motor vehicle is declared a common carrier
and subject as such to the jurisdiction of the division of public utilities and
carriers. The division may prescribe such rules and regulations as it deems
proper to assure adequate, economical, safe, and efficient service. Charter
carriers, as defined herein, shall be exempted from the provisions of this
chapter.
39-14.1-3. Certificate required for public
motor vehicle operation -- Application and fee. - No person shall operate a
public motor vehicle in any city or town in the state until the person shall
have obtained a certificate from the division certifying that the applicant is
fit, willing, and able to provide the services as a public motor vehicle in the
transportation of passengers. The certificate shall be issued only after
written application for the same, accompanied by a fee of two hundred fifty
dollars ($250) and after a public hearing has been conducted thereon. All
revenues under this section shall be deposited as general revenues.
Certificates issued under this chapter shall be renewed before the close of
business on December 31, of each calendar year. The renewal fee shall be one
hundred dollars ($100) and shall be submitted with the renewal form. All revenues
received under this section shall be deposited as general revenues.
39-14.1-4. Hearing on application. -- Upon receipt of an application,
the division shall within a reasonable time, fix the time and place for the
hearing. Notice of the hearing shall be given by first class mail to the
applicant and shall be published in a newspaper with statewide distribution.
39-14.1-5. Safety and sanitary condition of
vehicles -- Inspection. - The division of motor vehicles shall have jurisdiction over
the lighting, equipment, safety, and sanitary condition of all public motor
vehicles and shall cause an inspection thereof to be made before registering
the same, and from time to time thereafter, as it shall deem necessary for the
convenience, protection and safety of passengers and of the public. A fee of
twenty-five dollars ($25.00) shall be paid to the division of motor vehicles
for each annual inspection.
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 thereof transport any passenger for hire
unless the transportation is requested by the passenger at an office of the
owner 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 rate or fee for the requested
transportation service will be prior to picking up the passenger(s).
39-14.1-7. Proof of financial responsibility.
-- The
owner of any public motor vehicle, operating under this section, shall file
with the division of public utilities and carriers a certificate of insurance
issued by an insurance company authorized to transact business in this state,
showing that the owner has a policy insuring the public motor vehicle company
against liability for injury to persons and damage to property which may be
caused by the operation of the public motor vehicle, such policy to provide for
the indemnity in the sum of not less than one million five hundred thousand
dollars ($1,500,000) for personal injury and indemnity of not less than one
hundred thousand dollars ($100,000) for damage to property.
39-14.1-8. Licensing of operators. -- No person shall operate a
public motor vehicle upon the public highways until the person shall have first
obtained an operator's license as provided for in chapter 10 of title 31.
Further, no person shall operate a public motor vehicle upon the highways until
the person shall have first obtained a special license from the division of
public utilities and carriers under such rules and regulations as the division
of public utilities and carriers shall require.
39-14.1-9. Penalty for violations. -- (a) Any person, firm or
corporation, subject to the provisions of this chapter and/or any rules and
regulations promulgated thereunder, who shall knowingly or willfully cause to
be done any act prohibited by this chapter, or who shall be guilty of any
violation of this chapter or the rules and regulations shall be deemed guilty
of a misdemeanor; and shall, upon conviction thereof, be subject to a fine not
to exceed one thousand dollars ($1,000) or imprisonment for a term not
exceeding one (1) year, or both for each offense.
(b) The
administrator may in his or her discretion in lieu of seeking criminal
sanctions, and/or in lieu of revoking or suspending the carrier's operating
authority as conferred under this chapter, impose upon its regulated common
carriers an administrative civil penalty (fine). Said fine shall not exceed one
thousand dollars ($1,000) per each violation of the sections contained in this
chapter or the division's rules and regulations promulgated thereunder.
39-14.1-10. Certification of business
previously established. -- The business of operating any public motor vehicle heretofore
not subject to regulation shall now be subject to the provisions of this
chapter. However, businesses that have been providing continuous transportation
services akin to the public motor vehicle services defined and described in
this chapter since January 1, 2002, shall have ninety (90) days from the
passage of this legislation to file a relevant application with the division.
Such businesses may continue to operate without a certificate during the
aforementioned ninety (90) day period and through the period of time required
by the division to issue a final decision on the application.
SECTION 2. This act shall take effect upon passage.