Bill Text: CA AB1360 | 2015-2016 | Regular Session | Amended

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Bill Title: Charter-party carriers of passengers: individual fare exemption.

Spectrum: Bipartisan Bill

Status: (Failed) 2016-11-30 - From Senate committee without further action. [AB1360 Detail]

Download: California-2015-AB1360-Amended.html

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BILL NUMBER: AB 1360	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 2, 2015
	AMENDED IN ASSEMBLY  MAY 13, 2015
	AMENDED IN ASSEMBLY  APRIL 29, 2015
	AMENDED IN ASSEMBLY  APRIL 23, 2015
	AMENDED IN ASSEMBLY  APRIL 14, 2015

INTRODUCED BY   Assembly Member Ting
   (Coauthors: Assembly Members Chang, Gatto, and Wilk)

                        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   service operated by a
transportation network company  or a charter-party carrier of
passengers  that prearranges a ride among multiple passengers
who share the ride in whole or in part, provided that the vehicle
seats no more than 7 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   service 
operated by a transportation network company  or charter-party
carrier of passengers  subject to this chapter that prearranges
a ride among multiple passengers who share the ride in whole or in
part, provided that all of the following requirements are met:
   (A) The vehicle seats no more than seven passengers, not including
the driver.
    (B) The driver is a participating driver as defined in
subdivision (b) of Section 5431.
    (C) The vehicle is not used to provide public transit services or
to carry passengers over a fixed route.
   (D) The vehicle is not used to provide pupil transportation
services.
   (E) The vehicle is not used to provide public paratransit
services.
   (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 or the requirements
set forth in Section 5435.