[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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