PRIOR PRINTER'S NO. 548 PRINTER'S NO. 751
No. 521 Session of 1981
INTRODUCED BY TADDONIO, RASCO, KOLTER, PETRARCA, COWELL, KUKOVICH, McVERRY, MARMION, FLECK, FRAZIER AND STAIRS, FEBRUARY 10, 1981
AS REPORTED FROM COMMITTEE ON CONSUMER AFFAIRS, HOUSE OF REPRESENTATIVES, AS AMENDED, MARCH 9, 1981
AN ACT 1 Providing for ridesharing arrangements and providing that 2 certain laws shall be inapplicable to ridesharing 3 arrangements. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Ridesharing arrangement defined. 7 As used in this act, "ridesharing arrangement" shall mean: 8 (1) The transportation of not more than 15 passengers 9 where such transportation is incidental to another purpose of 10 the driver who is not engaged in transportation as a 11 business. The term shall include ridesharing arrangements 12 commonly known as carpools and vanpools. 13 (2) The transportation of employees to or from their 14 place of employment in a motor vehicle owned or operated by 15 their employer. 16 (3) The transportation of not more than 15 persons in a 17 vehicle owned or operated by a public agency or nonprofit
1 organization. 2 Section 2. Motor carrier laws not applicable to ridesharing. 3 The following laws and regulations of this State shall not 4 apply to any ridesharing arrangement: 5 (1) Title 66 of the Pennsylvania Consolidated Statutes 6 (relating to public utilities). 7 (2) Laws and regulations containing special insurance 8 requirements for motor carriers. 9 (3) Laws imposing a greater standard of care on motor 10 carriers than that imposed on other drivers or owners of 11 motor vehicles. 12 (4) Laws and regulations imposing special equipment 13 requirements and special accident reporting requirements on 14 motor carriers. 15 Section 3. Workmen's compensation act not applicable to 16 ridesharing. 17 The act of June 2, 1915 (P.L.736, No.338), known as "The 18 Pennsylvania Workmen's Compensation Act," shall not apply to a 19 passenger injured while participating in a ridesharing 20 arrangement between such passenger's place of residence and 21 place of employment. "The Pennsylvania Workmen's Compensation 22 Act," shall apply to the driver of a company owned or leased 23 vehicle used in a ridesharing arrangement. 24 Section 4. Liability of employer. 25 (a) An employer shall not be liable for injuries to 26 passengers and other persons resulting from the operation or use 27 of a motor vehicle, not owned, leased or contracted for by the 28 employer, in a ridesharing arrangement. 29 (b) An employer shall not be liable for injuries to 30 passengers and other persons because he provides information, 19810H0521B0751 - 2 -
1 incentives or otherwise encourages his employees to participate 2 in ridesharing arrangements. 3 Section 5. Insurance rates and policy exclusions. 4 (a) Insurers shall not increase any premium because a motor <-- 5 vehicle is used in a ridesharing arrangement. 6 (A) INSURERS SHALL NOT REFUSE TO ISSUE AN INSURANCE POLICY <-- 7 OR SECURITY SOLELY ON THE BASIS THAT A VEHICLE IS USED IN A 8 RIDESHARING ARRANGEMENT. 9 (b) Provisions in an insurance policy which deny coverage 10 for any motor vehicle used for commercial purposes or as a 11 public or livery conveyance shall not apply to a vehicle used in 12 a ridesharing arrangement. 13 (C) PREMIUMS CHARGED FOR RIDESHARING VEHICLES SHALL BE <-- 14 APPROVED BY THE INSURANCE COMMISSIONER IN CONFORMITY WITH THE 15 ACT OF JUNE 11, 1947 (P.L. 538, NO.246), KNOWN AS "THE CASUALTY 16 AND SURETY RATE REGULATORY ACT." 17 Section 6. Sales taxes and ridesharing. 18 Money received by a driver as part of a ridesharing 19 arrangement shall not be subject to taxation under Article II of 20 the act of March 4, 1971 (P.L.6, No.2), known as the "Tax Reform 21 Code of 1971." 22 Section 7. Municipal licenses and taxes. 23 No municipality may impose a tax on, or require a license 24 for, a ridesharing arrangement. 25 Section 8. Overtime compensation and minimum wage laws do not 26 apply to ridesharing arrangements. 27 The laws of this State requiring payment of a minimum wage, 28 overtime pay or otherwise regulating the hours a person may work 29 shall not apply to employees while traveling between their 30 residences and places of employment. 19810H0521B0751 - 3 -
1 Section 9. Ridesharing vehicles are not commercial vehicles 2 or buses. 3 (a) A motor vehicle designed for carrying not more than 15 4 passengers exclusive of the driver that is used in a ridesharing 5 arrangement shall not be a "bus" as that term is defined in 75 6 Pa.C.S. § 102 (relating to definitions). 7 (b) A motor vehicle used in a ridesharing arrangement shall 8 not be considered a "bus" or a "taxi" under the provisions of 75 9 Pa.C.S. § 1305 (relating to application for registration). 10 Section 10. Effective date. 11 This act shall take effect in 60 days. L8L74WMB/19810H0521B0751 - 4 -