BILL NUMBER: AB 1360 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 14, 2015
INTRODUCED BY Assembly Member Ting
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 to be 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, 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) A rideshare program operated by a transportation network
company subject to this chapter that arranges a ride on a
prearranged route among multiple passengers who share the ride
in whole or in part, provided that (1) the vehicle
seats no more than seven persons, including the driver,
(2) the driver is a participating driver as defined in subdivision
(b) of Section 5431, and (3) 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.