Click here for Fiscal Note

This information is prepared as an informational service only and should not be relied upon as an official record of action taken by the Colorado General Assembly.

Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0704.01D DHG HOUSE BILL 98­1327

STATE OF COLORADO

BY REPRESENTATIVE Pfiffner;

also SENATOR Mutzebaugh. REENGROSSED

TRANSPORTATION & ENERGY

A BILL FOR AN ACT

CONCERNING DEREGULATION OF PASSENGER TRANSPORTATION, AND, IN CONNECTION THEREWITH, EXEMPTING CAR POOL AND VAN POOL ARRANGEMENTS IN WHICH THE OWNER OR OPERATOR OF A VEHICLE RECEIVES COMPENSATION FROM PASSENGERS.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)

Provides a limited exemption to the common carrier and contract carrier regulatory statutes for car pool and van pool arrangements in which the owner or operator of a vehicle with a passenger capacity of 16 or less receives compensation from passengers.


Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  40­10­104 (3), Colorado Revised Statutes, is amended to read:

40­10­104.  Certificate required ­ exemptions. (3)  This article shall not apply to:

(a)  Motor vehicles designed and used for the nonemergency transportation of individuals with disabilities as defined in section 42­7­510 (2) (b), C.R.S.

(b) (I)  MOTOR VEHICLES WITH A CAPACITY FOR FOURTEEN OR FEWER PASSENGERS USED FOR CAR POOL OR VAN POOL ARRANGEMENTS IN WHICH THE OWNER OR OPERATOR OF THE VEHICLE RECEIVES COMPENSATION FROM, AND SHARES A COMMONALITY OF PURPOSE WITH, PASSENGERS.

(II)  AS USED IN THIS PARAGRAPH (b):

(A)  "METROPOLITAN CAR POOL OR VAN POOL ARRANGEMENT" MEANS THE VEHICULAR TRANSPORTATION OF PASSENGERS TRAVELING TOGETHER BETWEEN POINTS WITHIN COUNTIES HAVING A POPULATION OF AT LEAST ONE HUNDRED THOUSAND WITH A COMMONALITY OF PURPOSE TO AND FROM SUCH PASSENGERS' PLACES OF BUSINESS OR WORK OR TO AND FROM SHOPPING, HEALTH, EDUCATIONAL, RELIGIOUS, ATHLETIC, OR SPORTS FACILITIES IF THE VEHICLE USED IN SUCH TRANSPORTATION IS NOT OPERATED BY AN ENTITY PRIMARILY ENGAGED IN THE TRANSPORTATION BUSINESS AND IF THE OWNER OR OPERATOR OF THE VEHICLE MAKES NO MORE THAN ONE ROUND TRIP PER DAY. NOTHING IN THIS SUB­SUBPARAGRAPH (A) SHALL BE CONSTRUED AS EXCLUDING FROM THIS DEFINITION AN ARRANGEMENT BY AN EMPLOYER ENGAGED IN THE TRANSPORTATION BUSINESS WHO PROVIDES "CAR POOL OR VAN POOL ARRANGEMENTS" FOR ITS EMPLOYEES.

(B)  "COMMONALITY OF PURPOSE" MEANS A DESTINATION OR ROUTE CHOSEN IN ADVANCE BY THE OWNER OR OPERATOR AND ONE OR MORE PASSENGERS FOR THE SAKE OF CONVENIENCE OR EFFICIENCY. IF THE OWNER OR OPERATOR TRAVELS FOR THE SAME PURPOSE AND TO THE SAME OR A NEARBY LOCATION, ACTIVITY, OR EVENT, AS ONE OR MORE OF THE PASSENGERS, IT SHALL BE PRESUMED THAT A COMMONALITY OF PURPOSE EXISTS.

SECTION 2.  40­11­102 (2), Colorado Revised Statutes, is amended to read:

40­11­102.  Compliance required ­ exceptions. (2)  Nothing in this article shall apply to:

(a)  Any motor vehicle carrier as defined by section 40­10­101 (4) (a); nor to

(b)  A private individual who carries a neighbor or a friend on a trip; nor to

(c)  Hearses or ambulances or other emergency vehicles; nor to

(d)  Motor vehicles designed and used for the nonemergency transportation of individuals with disabilities as defined in section 42­7­510 (2) (b), C.R.S.; OR

(e) (I)  MOTOR VEHICLES WITH A CAPACITY FOR FOURTEEN OR FEWER PASSENGERS USED FOR CAR POOL OR VAN POOL ARRANGEMENTS IN WHICH THE OWNER OR OPERATOR OF THE VEHICLE RECEIVES COMPENSATION FROM, AND SHARES A COMMONALITY OF PURPOSE WITH, PASSENGERS.

(II)  AS USED IN THIS PARAGRAPH (e):

(A)  "METROPOLITAN CAR POOL OR VAN POOL ARRANGEMENT" MEANS THE VEHICULAR TRANSPORTATION OF PASSENGERS TRAVELING TOGETHER BETWEEN POINTS WITHIN COUNTIES HAVING A POPULATION OF AT LEAST ONE HUNDRED THOUSAND WITH A COMMONALITY OF PURPOSE TO AND FROM SUCH PASSENGERS' PLACES OF BUSINESS OR WORK OR TO AND FROM SHOPPING, HEALTH, EDUCATIONAL, RELIGIOUS, ATHLETIC, OR SPORTS FACILITIES IF THE VEHICLE USED IN SUCH TRANSPORTATION IS NOT OPERATED BY AN ENTITY PRIMARILY ENGAGED IN THE TRANSPORTATION BUSINESS AND IF THE OWNER OR OPERATOR OF THE VEHICLE MAKES NO MORE THAN ONE ROUND TRIP PER DAY. NOTHING IN THIS SUB­SUBPARAGRAPH (A) SHALL BE CONSTRUED AS EXCLUDING FROM THIS DEFINITION AN ARRANGEMENT BY AN EMPLOYER ENGAGED IN THE TRANSPORTATION BUSINESS WHO PROVIDES "CAR POOL OR VAN POOL ARRANGEMENTS" FOR ITS EMPLOYEES.

(B)  "COMMONALITY OF PURPOSE" MEANS A DESTINATION OR ROUTE CHOSEN IN ADVANCE BY THE OWNER OR OPERATOR AND ONE OR MORE PASSENGERS FOR THE SAKE OF CONVENIENCE OR EFFICIENCY. IF THE OWNER OR OPERATOR TRAVELS FOR THE SAME PURPOSE AND TO THE SAME OR A NEARBY LOCATION, ACTIVITY, OR EVENT, AS ONE OR MORE OF THE PASSENGERS, IT SHALL BE PRESUMED THAT A COMMONALITY OF PURPOSE EXISTS.

SECTION 3.  10­4­707.5 (2), Colorado Revised Statutes, is amended to read:

10­4­707.5.  Ridesharing arrangements ­ benefits payable ­ required coverage. (2)  As used in this section, "ridesharing arrangement" means the vehicular transportation of passengers traveling together primarily to and from such passengers' places of business or work or traveling together on a regularly scheduled basis with a commonality of purpose to and from shopping, health, educational, religious, athletic, or sports facilities if the vehicle used in such transportation is not operated for profit by an entity primarily engaged in the transportation business and if no charge is made therefor other than that reasonably calculated to recover the direct and indirect costs of the "ridesharing arrangement", including, but not limited to, a reasonable incentive to maximize occupancy of the vehicle. However, nothing in this subsection (2) shall be construed as excluding from this definition an arrangement by an employer engaged in the transportation business who provides "ridesharing arrangements" for its employees. The term includes "ridesharing arrangements" commonly known as carpools and vanpools, INCLUDING A "CAR POOL OR VAN POOL ARRANGEMENT" AS DEFINED IN SECTION 40­10­104 (3) (b), C.R.S.; however, this term does not include school transportation vehicles operated by elementary and secondary schools when they are operated for the transportation of children to or from school or on school­related events.

SECTION 4.  Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety­day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.