BILL NUMBER: AB 1360	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 23, 2015
	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 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,  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) 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   all of the
following requirements are met: 
    (1)     The  vehicle seats no more
than seven persons, including the  driver,  
(2) the   driver. 
    (2)     The  driver is a participating
driver as defined in subdivision (b) of Section  5431, and
(3) the   5431. 
    (3)     The vehicle is not used to provide
public transit services or to carry passengers over a fixed route.

    (4)     The vehicle is not used to provide
pupil transportation services. 
    (5)     The vehicle is not used to provide
public paratransit services. 
    (6)     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.