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 operated by a transportation network company that arranges a ride on a prearranged route among multiple passengers who share the ride in whole or in part, provided that the vehicle seats no more than 7 persons, including the driver, is operated by a participating driver, as defined,begin insert 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,end insert 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 5401 of the Public Utilities Code is
2amended to read:
Charges for the transportation to be offered or afforded
4by a charter-party carrier of passengers shall be computed and
5assessed on a vehicle mileage or time of use basis, or on a
6combination thereof. These charges may vary in accordance with
7the passenger capacity of the vehicle, or the size of the group to
8be transported. However, no charter-party carrier of passengers
9shall, directly or through an agent or otherwise, nor shall any
10broker, contract for, agree to, or demand or receive compensation
11in an amount, or arrange to charge an amount, for the transportation
12offered or afforded, that shall be computed on an individual-fare
13basis, except as follows:
14(a) Schoolbus
contractors who are compensated by parents of
15children attending public, private, or parochial schools.
16(b) Operators of round-trip sightseeing tour services conducted
17under a certificate subject to Section 5371.1, or a permit issued
18pursuant to subdivision (c) of Section 5384.
19(c) A rideshare program operated by a transportation network
20company subject to this chapter that arranges a ride on a
21prearranged route among multiple passengers who share the ride
22in whole or in part, provided thatbegin delete (1) theend deletebegin insert all of the following
23requirements are met:end insert
24begin insert(1)end insertbegin insert end insertbegin insertTheend insert vehicle seats no more than seven persons, including the
25begin delete driver,end deletebegin delete (2) theend deletebegin insert driver.end insert
26begin insert (2)end insertbegin insert end insertbegin insertTheend insert driver is a participating driver as defined in subdivision
27(b) of Sectionbegin delete 5431, and (3) theend deletebegin insert
5431.end insert
28begin insert (3)end insertbegin insert end insertbegin insertThe vehicle is not used to provide public transit services or
29to carry passengers over a fixed route.end insert
30begin insert(4)end insertbegin insert end insertbegin insertThe vehicle is not used to provide pupil transportation
31services.end insert
32begin insert(5)end insertbegin insert end insertbegin insertThe vehicle is not used to provide public paratransit services.end insert
33begin insert(6)end insertbegin insert end insertbegin insertTheend insert individual fare for each passenger is less than the fare
34that would be charged for the same ride to a single passenger
35traveling alone.
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