BP BHEAD INT S

AN ACT Relating to the regulation of limousines, taxicabs, and other for hire vehicle services; amending RCW 81.90.010, 81.90.020, 81.90.030, 46.72.010, 46.72.020, and 81.72.210; adding new sections to chapter 81.90 RCW; and adding a new section to chapter 46.72 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. A new section is added to chapter 81.90 RCW to read as follows:

The legislature finds and declares that privately operated limousine charter party carriers of passengers are a vital part of the transportation system within the state. Consequently, the safety, reliability, and economic viability and stability of privately operated limousine charter party carriers of passengers are matters of state-wide importance, and the regulation of such carriers is thus an essential governmental function. For these reasons it is the intent of the legislature to permit counties and port districts of the state to regulate limousine charter party carriers of passengers without liability under federal antitrust laws.

Sec. 2. RCW 81.90.010 and 1989 c 283 s 1 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) ((~~"Commission" means the Washington utilities and transportation commission.~~

~~(2)~~)) "Limousine" means a chauffeur-driven, luxurious automobile with a seating capacity in the rear seating area of not less than four nor more than twelve passengers; a wheelbase that has been expanded by the manufacturer or otherwise beyond the original manufacturer's specifications, and that meets current standards of the department of transportation; one or more amenities in the rear seating area including, but not limited to a television, a musical sound system, telephone, ice storage, power-operated divider, or additional interior lighting. The term "limousine" excludes taxicabs or other for hire vehicles, hearses or other funeral home vehicles, station wagons, trucks, vans, minivans, buses, or minibuses.

(2) "Person or persons" means an individual, a corporation, association, joint stock association, and partnership, or their lessees, trustees, or receivers.

(3) "Public highway" includes every public street, road, or highway in this state.

(4) ((~~"Motor vehicle" means every self-propelled vehicle, commonly referred to as a limousine, with seating capacity for four to sixteen persons, excluding the driver.~~

~~(5)~~)) Subject to the exclusions of RCW 81.90.020, "limousine charter party carrier of passengers" means every person engaged in the transportation of a person or group of persons, who, under a single contract, acquires the use of a limousine to travel to a specified destination or for a particular itinerary, either agreed upon in advance or modified by the person or group of persons after having left the place of origin.

((~~(6)~~)) (5) "Chauffeur" means any person ((~~with~~)) who possesses both a valid Washington state driver's license ((~~authorized by the Washington utilities and transportation commission to drive a limousine under this chapter~~)) and a valid for hire driver's license issued under chapter 46.72 RCW.

NEW SECTION. Sec. 3. A new section is added to chapter 81.90 RCW to read as follows:

To protect the public health, safety, and welfare, counties and port districts of the state may license, control, and regulate limousine charter party carriers of passengers operating within their respective jurisdictions. The power to regulate includes:

(1) Regulating entry into the business of operating as a limousine charter party carrier of passengers;

(2) Requiring a license to be purchased as a condition of operating as a limousine charter party carrier of passengers and the right to revoke, cancel, or refuse to reissue a license for failure to comply with regulatory requirements;

(3) Controlling the rates charged for providing services as a limousine charter party carrier of passengers and the manner in which rates and charges are calculated and collected;

(4) Regulating the routes of limousine charter party carriers of passengers, including restricting access to airports;

(5) Establishing safety, equipment, and insurance requirements; and

(6) Any other requirements adopted to ensure safe and reliable services by limousine charter party carriers of passengers.

NEW SECTION. Sec. 4. A new section is added to chapter 81.90 RCW to read as follows:

A county or port district may enter into cooperative agreements with any other county or port district for the joint regulation of limousine charter party carriers of passengers. Cooperative agreements may provide for, but are not limited to, the granting, revocation, and suspension of joint licenses for limousine charter party carriers of passengers.

Sec. 5. RCW 81.90.020 and 1989 c 283 s 2 are each amended to read as follows:

The provisions of this chapter do not apply to:

(1) Persons or their lessees, receivers, ((or)) trustees, or employees or agents insofar as they own, control, operate, or manage taxicabs when operated as such;

(2) Private passenger vehicles carrying passengers on a noncommercial enterprise basis;

(3) Charter party carriers of passengers under chapter 81.70 RCW; and

(4) Persons who operate vehicles in private carriage.

Sec. 6. RCW 81.90.030 and 1989 c 283 s 3 are each amended to read as follows:

(1) No person may engage in the business of a limousine charter party carrier of persons over any public highway without first having obtained a ((~~certificate or registration from the commission to do so~~)) for hire permit and any other permit required and issued by a county or a port district.

(2) All limousine charter party carriers of passengers shall operate out of one or more offices, but none of the offices may be in a vehicle of any type. All arrangements for the limousine charter party carrier's services must be prearranged through the carrier's office and transmitted from the office to the carrier's limousines at least one hour before the time at which the carrier's vehicle is scheduled to pick up the customer or customers. Under no circumstances may customers or customers' agents make arrangements for immediate rental of a carrier's limousines.

(3) A limousine may display no advertising or other informational material other than the name and telephone number of the limousine charter party carrier of passengers, which may be displayed in an area no greater than twelve inches by twelve inches on the side or rear of the limousine.

Sec. 7. RCW 46.72.010 and 1991 c 99 s 1 are each amended to read as follows:

When used in this chapter:

(1) The term "for hire vehicle" includes all vehicles used for the transportation of passengers for compensation, except auto stages, school buses operating exclusively under a contract to a school district, ride-sharing vehicles under chapter 46.74 RCW, ((~~and limousine charter party carriers licensed under chapter 81.90 RCW whose sole use as a for hire vehicle is that of a limousine charter party carrier~~)) vehicles used by nonprofit transportation providers for elderly or handicapped persons and their attendants under chapter 81.66 RCW, vehicles used by auto transportation companies licensed under chapter 81.68 RCW, and vehicles used by charter party carriers of passengers and excursion service carriers licensed under chapter 81.70 RCW;

(2) The term "for hire operator" means and includes any person, concern, or entity engaged in the transportation of passengers for compensation in for hire vehicles.

Sec. 8. RCW 46.72.020 and 1992 c 114 s 1 are each amended to read as follows:

No for hire operator shall cause operation of a for hire vehicle upon any highway of this state without first obtaining a permit from ((~~the director of licensing, except for those for hire operators regulated by cities or~~)) counties or port districts in accordance with this chapter, chapter 81.72 RCW, or chapter 81.90 RCW. Application for a permit shall be made on forms provided by the ((~~director~~)) county or port district and shall include (1) the name and address of the owner or owners, and if a corporation, the names and addresses of the principal officers thereof; (2) ((~~city, town or~~)) locality in which any vehicle will be operated; (3) name and motor number of any vehicle to be operated; (4) the endorsement of a ((~~city~~)) county official authorizing an operator under a law or ordinance requiring a license; and (5) such other information as the ((~~director~~)) county or port district may require.

NEW SECTION. Sec. 9. A new section is added to chapter 46.72 RCW to read as follows:

Counties and port districts may license, control, and regulate all for hire vehicles operating within their respective jurisdictions. The power to regulate includes:

(1) Regulating entry into the business of providing for hire vehicle transportation services;

(2) Requiring a license to be purchased as a condition of operating a for hire vehicle and the right to revoke, cancel, or refuse to reissue a license for failure to comply with regulatory requirements;

(3) Controlling the rates charged for providing for hire vehicle transportation service and the manner in which rates are calculated and collected;

(4) Regulating the routes and operations of for hire vehicles, including restricting access to airports;

(5) Establishing safety, equipment, and insurance requirements; and

(6) Any other requirements adopted to ensure safe and reliable for hire vehicle transportation service.

Sec. 10. RCW 81.72.210 and 1984 c 126 s 2 are each amended to read as follows:

To protect the public health, safety, and welfare, ((~~cities, towns,~~)) counties((,)) and port districts of the state may license, control, and regulate privately operated taxicab transportation services operating within their respective jurisdictions. The power to regulate includes:

(1) Regulating entry into the business of providing taxicab transportation services;

(2) Requiring a license to be purchased as a condition of operating a taxicab and the right to revoke, cancel, or refuse to reissue a license for failure to comply with regulatory requirements;

(3) Controlling the rates charged for providing taxicab transportation service and the manner in which rates are calculated and collected, including the establishment of zones as the basis for rates;

(4) Regulating the routes of taxicabs, including restricting access to airports;

(5) Establishing safety, equipment, and insurance requirements; and

(6) Any other requirements adopted to ensure safe and reliable taxicab service.