Amended in Assembly April 14, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1360


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 transportationbegin delete to beend delete 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 ridebegin insert on a prearranged routeend insert among multiple passengers who share the ride in whole or in part, provided that thebegin insert vehicle seats no more than 7 persons, including the driver, is operated by a participating driver, as defined, and theend insert 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:

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SECTION 1.  

Section 5401 of the Public Utilities Code is
2amended to read:

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5401.  

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 ridebegin insert on a
21prearranged routeend insert
among multiple passengers who share the ride
22in whole or in part, provided thatbegin insert (1) the end insertbegin insertvehicle seats no more
23than seven persons, including the driver, (2) the driver is a
24participating driver as defined in subdivision (b) of Section 5431,
25and (3)end insert
the individual fare for each passenger is less than the fare
26that would be charged for the same ride to a single passenger
27traveling alone.



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