BILL REQ. #:  H-0567.2 

Read first time 01/24/2005.   Referred to Committee on Transportation.

     AN ACT Relating to promotional fares offered by auto transportation companies; amending RCW 81.68.010; adding a new section to chapter 81.68 RCW; and creating a new section.

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

Sec. 1   RCW 81.68.010 and 1989 c 163 s 1 are each amended to read as follows:
     The definitions set forth in this section shall apply throughout this chapter, unless the context clearly indicates otherwise.
     (1) "Corporation" means a corporation, company, association, or joint stock association.
     (2) "Person" means an individual, firm, or a copartnership.
     (3) "Auto transportation company" means every corporation or person, their lessees, trustees, receivers, or trustees appointed by any court whatsoever, owning, controlling, operating, or managing any motor propelled vehicle not usually operated on or over rails used in the business of transporting persons, and baggage, mail, and express on the vehicles of auto transportation companies carrying passengers, for compensation over any public highway in this state between fixed termini or over a regular route, and not operating exclusively within the incorporated limits of any city or town.
     (4) "Promotional fares" means rates, fares, charges, and tickets at a free or reduced rate from existing or approved rates, fares, or charges that are reasonably calculated to increase ridership and revenues or decrease average costs per passenger in the long run, to meet competitive demands, or to resolve passenger complaints or compensate passengers for service quality issues.
     (5) "Public highway" means every street, road, or highway in this state.
     (((5))) (6) The words "between fixed termini or over a regular route" mean the termini or route between or over which any auto transportation company usually or ordinarily operates any motor propelled vehicle, even though there may be departure from the termini or route, whether the departures are periodic or irregular. Whether or not any motor propelled vehicle is operated by any auto transportation company "between fixed termini or over a regular route" within the meaning of this section is a question of fact, and the finding of the commission thereon is final and is not subject to review.

NEW SECTION.  Sec. 2   A new section is added to chapter 81.68 RCW to read as follows:
     Notwithstanding the provisions of RCW 81.28.080, 81.28.180, 81.28.190, and 81.68.030, an auto transportation company may:
     (1) Offer promotional fares. Promotions lasting more than fourteen consecutive calendar days or offered to the same person or persons more than twice in a calendar year must cover the incremental cost to the company of the transportation and promotion.
     (2) Increase or decrease aggregate revenues incrementally by up to ten percent each year for passenger service between points for which passengers have reasonable alternative means of public transportation between the points. The incremental revenue increases or decreases must be excluded from revenues if the commission undertakes a traditional rate review or rate case under RCW 81.68.030, which rate case or review must be limited to operations between points for which passengers do not have reasonable alternative means of public transportation. For purposes of this section, "reasonable alternative means of public transportation" means alternatives that have reasonably comparable costs to the passenger and quality of service and may include the following or a combination of the following, whether regulated by the commission or not: Another auto transportation company, taxi service, public mass transit, airline, charter or excursion company, but a "reasonable alternative means of public transportation" does not have to be the same or lesser fare nor offer the same speed or convenience to the passenger to be considered to be "reasonably comparable" as used in this subsection.

NEW SECTION.  Sec. 3   This act may be known and cited as the Airport Ground Transportation Recovery Act.