[Congressional Record Volume 148, Number 137 (Thursday, October 17, 2002)]
[Senate]
[Pages S10745-S10746]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               REAL INTERSTATE DRIVER EQUITY ACT OF 2001

  Mr. REID. I ask unanimous consent the Senate proceed to the 
consideration of H.R. 2546.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 2546) 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.

  There being no objection, the Senate proceeded to consider the 
bill, which had been reported from the Committee on Commerce, Science, 
and Transportation, with amendments, as follows:

  (The parts of the bill intended to be stricken are shown in boldface 
brackets and the parts of the bill intended to be inserted are shown in 
italic.)

                               H.R. 2546

       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;

[[Page S10746]]

       ``(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) travel from one State, including intermediate stops, 
     to a destination in another State; or
       ``(ii) travel from one State, including one or more 
     intermediate stops in another State, to a destination in the 
     original State.]
       ``(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.
       [``(2)] (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] 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 motor carrier providing 
     such service or] 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);''.
  Mr. REID. Mr. President, I ask unanimous consent that the committee-
reported amendments be agreed to, the bill, as amended, be read three 
times and passed, the motion to reconsider be laid upon the table, and 
any statements be printed in the Record, with no intervening action or 
debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendments were agreed to.
  The bill (H.R. 2546), as amended, was read the third time and passed.

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