FINAL BILL REPORT

SSB 5502

C 374 L 11

Synopsis as Enacted

Brief Description: Concerning the regulation, operations, and safety of limousine carriers.

Sponsors: Senate Committee on Transportation (originally sponsored by Senators White, Nelson, Keiser, Ranker, Kohl-Welles, Rockefeller, Murray, Litzow, Harper, Fain, Swecker, Delvin and Shin).

Senate Committee on Transportation

House Committee on Transportation

House Committee on General Government Appropriations & Oversight

Background: Currently, all limousine carriers must operate from a main office. However, no office may be solely in a vehicle. All arrangements for the carrier's services must be made through its offices and dispatched to the carrier's vehicles.

The Department of Licensing (DOL) and/or the Washington State Patrol (WSP) must regulate limousine carriers with respect to entry, safety equipment inspections, chauffeur qualifications, and operations. Under certain circumstances, a port district, city, or county may regulate limousines.

A limousine carrier may advertise its services with a number of limitations.

A chauffeur may not operate a limousine unless he or she is at least 21 years of age, holds a valid driver's license, has successfully completed a training course approved by DOL, has successfully passed a written examination, has successfully completed a background check, and has submitted a medical certificate certifying his or her fitness as a chauffeur.

DOL may adopt and enforce fee setting rules.

Summary: Contact by a customer or customer's agent to engage the services of a carrier's limousine must be initiated by a customer or customer's agent at a time and place different from the customer's time and place of departure. Under no circumstances may customers or customers' agents make arrangements to immediately engage the services of a carrier's limousine with the chauffeur. However, a limousine carrier is no longer required to operate from a main office.

Further, chauffeurs are required to do the following:

• generally substantiate the prearrangement of business through written electronic records;

• list a physical address on their master business license where records may be reviewed; and

• list a telephone number or pager number on their master business license that is used to prearrange the carrier's services.

WSP, and in some instances a port district or city, must conduct annual limousine safety inspections, random records inspections, and other law enforcement activities relating to state laws or rules applicable to limousine carriers and chauffeurs.

No limousine carrier may operate a limousine upon the highways of this state without the following:

• registration as a business in Washington;

• a unified business identifier;

• a limousine carrier license;

• liability and property damage insurance;

• a limousine vehicle certificate for each limousine operated by a carrier.

A number of penalties may be incurred by a carrier, chauffeur, or a third party for not complying with rules regarding proper advertisement.

Among other requirements for a chauffeur to operate a limousine, the chauffeur must have passed an initial controlled substance test, participate in random controlled substance testing, and have a satisfactory driving record.

Any fee related to limousine vehicle certificates must not exceed $75; any fee related to a limousine carrier license for a business must not exceed $350; and any fee related to limousine vehicle inspections must not exceed $25.

DOL must convene an internal workgroup regarding the issuance of chauffeur licenses and must provide a report on its recommendations on this issue to the Legislature.

A Limousine Carriers Account is created in the state treasury where all receipts from each civil infraction and violation regarding limousine regulations must be deposited.

A cooperative agreement is required that allows for local enforcement of limousine laws to restrict the fee revenue use by a city to the costs of enforcing state laws or rules applicable to limousine carriers and chauffeurs.

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A contract for payment to a third party to solicit customers is required to be stored at the limousine carrier's business premises and requires limousines engaged in the services detailed in the contract to carry a certificate verifying the existence of a current contract.

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A limousine chauffeur is required to file a physician's certification with the limousine carrier upon initial application and every two years thereafter.

Votes on Final Passage: