Text: H.R.2546 — 107th Congress (2001-2002)All Information (Except Text)

Text available as:

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Public Law No: 107-298 (11/26/2002)

 
[107th Congress Public Law 298]
[From the U.S. Government Printing Office]


[DOCID: f:publ298.107]

[[Page 2341]]

                REAL INTERSTATE DRIVER EQUITY ACT OF 2002

[[Page 116 STAT. 2342]]

Public Law 107-298
107th Congress

                                 An Act


 
To amend title 49, United States Code, to prohibit States from requiring 
    a license or fee on account of the fact that a motor vehicle is 
providing interstate pre-arranged ground transportation service, and for 
         other purposes. <<NOTE: Nov. 26, 2002 -  [H.R. 2546]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Real Interstate Driver 
Equity Act of 2002.>> assembled,

SECTION 1. <<NOTE: 49 USC 10101 note.>> SHORT TITLE.

    This Act may be cited as the ``Real Interstate Driver Equity Act of 
2002''.

SEC. 2. REGULATION OF INTERSTATE PRE-ARRANGED GROUND TRANSPORTATION 
            SERVICE.

    Section 14501 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(d) Pre-Arranged Ground Transportation.--
            ``(1) In general.--No State or political subdivision thereof 
        and no interstate agency or other political agency of 2 or more 
        States shall enact or enforce any law, rule, regulation, 
        standard or other provision having the force and effect of law 
        requiring a license or fee on account of the fact that a motor 
        vehicle is providing pre-arranged ground transportation service 
        if the motor carrier providing such service--
                    ``(A) meets all applicable registration requirements 
                under chapter 139 for the interstate transportation of 
                passengers;
                    ``(B) meets all applicable vehicle and intrastate 
                passenger licensing requirements of the State or States 
                in which the motor carrier is domiciled or registered to 
                do business; and
                    ``(C) is providing such service pursuant to a 
                contract for--
                          ``(i) transportation by the motor carrier from 
                      one State, including intermediate stops, to a 
                      destination in another State; or
                          ``(ii) transportation by the motor carrier 
                      from one State, including intermediate stops in 
                      another State, to a destination in the original 
                      State.
            ``(2) Intermediate stop defined.--In this section, the term 
        `intermediate stop', with respect to transportation by a motor 
        carrier, means a pause in the transportation in order for one or 
        more passengers to engage in personal or business activity, but 
        only if the driver providing the transportation to such 
        passenger or passengers does not, before resuming the 
        transportation of such passenger (or at least 1 of such 
        passengers),

[[Page 116 STAT. 2343]]

        provide transportation to any other person not included among 
        the passengers being transported when the pause began.
            ``(3) Matters not covered.--Nothing in this subsection shall 
        be construed--
                    ``(A) as subjecting taxicab service to regulation 
                under chapter 135 or section 31138;
                    ``(B) as prohibiting or restricting an airport, 
                train, or bus terminal operator from contracting to 
                provide preferential access or facilities to one or more 
                providers of pre-arranged ground transportation service; 
                and
                    ``(C) as restricting the right of any State or 
                political subdivision of a State to require, in a 
                nondiscriminatory manner, that any individual operating 
                a vehicle providing prearranged ground transportation 
                service originating in the State or political 
                subdivision have submitted to pre-licensing drug testing 
                or a criminal background investigation of the records of 
                the State in which the operator is domiciled, by the 
                State or political subdivision by which the operator is 
                licensed to provide such service, or by the motor 
                carrier providing such service, as a condition of 
                providing such service.''.

SEC. 3. DEFINITIONS.

    (a) In General.--Section 13102 of title 49, United States Code, is 
amended--
            (1) by redesignating paragraphs (17), (18), (19), (20), 
        (21), and (22) as paragraphs (18), (19), (21), (22), (23), and 
        (24), respectively;
            (2) by inserting after paragraph (16) the following:
            ``(17) Pre-arranged ground transportation service.--The term 
        `pre-arranged ground transportation service' means 
        transportation for a passenger (or a group of passengers) that 
        is arranged in advance (or is operated on a regular route or 
        between specified points) and is provided in a motor vehicle 
        with a seating capacity not exceeding 15 passengers (including 
        the driver).''; and
            (3) by inserting after paragraph (19) (as so redesignated) 
        the following:
            ``(20) Taxicab service.--The term `taxicab service' means 
        passenger transportation in a motor vehicle having a capacity of 
        not more than 8 passengers (including the driver), not operated 
        on a regular route or between specified places, and that--
                    ``(A) is licensed as a taxicab by a State or a local 
                jurisdiction; or
                    ``(B) is offered by a person that--
                          ``(i) provides local transportation for a fare 
                      determined (except with respect to transportation 
                      to or from airports) primarily on the basis of the 
                      distance traveled; and
                          ``(ii) does not primarily provide 
                      transportation to or from airports.''.

    (b) Conforming Amendments.--
            (1) Motor carrier transportation.--Section 13506(a)(2) of 
        title 49, United States Code, is amended to read as follows:
            ``(2) a motor vehicle providing taxicab service;''.
            (2) Minimum financial responsibility.--Section 31138(e)(2) 
        of such title is amended to read as follows:

[[Page 116 STAT. 2344]]

            ``(2) providing taxicab service (as defined in section 
        13102);''.

    Approved November 26, 2002.

LEGISLATIVE HISTORY--H.R. 2546:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 107-282 (Comm. on Transportation and Infrastucture).
SENATE REPORTS: No. 107-237 (Comm. on Commerce, Science, and 
Transportation).
CONGRESSIONAL RECORD:
                                                        Vol. 147 (2001):
                                    Nov. 13, considered and passed 
                                        House.
                                                        Vol. 148 (2002):
                                    Oct. 17, considered and passed 
                                        Senate, amended.
                                    Nov. 12, House concurred in Senate 
                                        amendments.

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