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.
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.