2012 -- S 2603 SUBSTITUTE A

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LC01291/SUB A

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS - PUBLIC MOTOR VEHICLES

     Introduced By: Senator William A. Walaska

     Date Introduced: March 01, 2012

     Referred To: Senate 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 section 39-13-1, or a taxicab or limited public motor vehicle, as defined in

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section 39-14-1, used for transporting members of the general public for compensation in

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unmarked vehicles at a predetermined or prearranged rate or fee charge to such points as may be

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directed by the passenger. All vehicles operated under this chapter shall conform to specifications

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established by the division. Transportation services provided by charter carriers, as defined in this

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chapter, or by funeral homes in association with funeral services, and by ambulance companies

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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. Section 39-14.1-6 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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     39-14.1-6. Operations of public motor vehicles. -- No public motor vehicle shall be

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operated from any taxicab stand on any public highway; nor shall the operator of it transport any

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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

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a prospective customer the certificate holder or its representative shall quote what the actual rate

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or fee charge for the requested transportation service will be prior to picking up the passenger(s).

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     The division shall establish and set a minimum allowable charge for public motor vehicle

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services; provided, however, that such minimum charge shall be no less than thirty-five dollars

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($35.00) per trip. The minimum allowable charge provisions of this section shall not apply to

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public motor vehicle service coordinated by or paid for by a state department, authority or agency

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on behalf of clients of said state department, authority or agency; provided, however, that the

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state department, authority or agency requests the service no later than the day before the service

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is to be rendered.

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     SECTION 3. This act shall take effect upon passage.

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LC01291/SUB A

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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 establish a minimum charge for transportation services provided by public

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motor vehicles, and would authorize the division of motor vehicles to set minimum standards for

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the vehicles used.

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     This act would take effect upon passage.

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LC01291/SUB A

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