[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2546 Reported in Senate (RS)]






                                                       Calendar No. 546
107th CONGRESS
  2d Session
                                H. R. 2546

                          [Report No. 107-237]


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 14, 2001

    Received; read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

                             August 1, 2002

               Reported by Mr. Hollings, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Real Interstate Driver Equity Act of 
2001''.

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--
                        <DELETED>    ``(i) travel from one State, 
                        including intermediate stops, to a destination 
                        in another State; or</DELETED>
                        <DELETED>    ``(ii) travel from one State, 
                        including one or more intermediate stops in 
                        another State, to a destination in the original 
                        State.</DELETED>
                            ``(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), provide transportation to any other person not 
        included among the passengers being transported when the pause 
        began.
            ``<DELETED>(2) </DELETED>(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 <DELETED>require 
                </DELETED>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, <DELETED>by the motor carrier 
                providing such service or</DELETED> 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:
            ``(2) providing taxicab service (as defined in section 
        13102);''.




                                                       Calendar No. 546

107th CONGRESS

  2d Session

                               H. R. 2546

                          [Report No. 107-237]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             August 1, 2002

                        Reported with amendments