THE REAL INTERSTATE DRIVER'S EQUITY ACT Frequently Asked Questions On HR2546 (Public Law 107-298) Prepared by Barry Lefkowitz of MGR, Inc. on behalf of the National Limousine Association 12/5/2018

President Bush signed HR2546, The Real Interstate Drivers’ Equity Act (RIDE) into law on November 26, 2002 The new law provides the following: Prohibits a State, a political subdivision of a state, or an interstate agency of two or more States, other than the home licensing State or jurisdiction, from enacting or enforcing any law, rule or regulation requiring a license or fee on a motor vehicle (on account of …) that is providing pre-arranged interstate ground transportation service, but must meet the following requirements:

Proper licensure are in home state. Registration with the USDOT and must meet applicable federal interstate carrier licensing requirements. a. A letter from the old ICC or USDOT listing the USDOT number. b. Carry $1.5 million liability insurance. c. Provide service with a vehicle that transports 15 passengers or less (including driver). The trip must be prearranged. The driver must comply with a criminal background check or drug testing requirements of any jurisdiction where pickups are made along the interstate trip if and only if drivers from that state or municipality are required to do so for licensing. List location or contact for specification (or other related documents) here

Q. What is considered an interstate trip? Interstate ground transportation includes any pre-arranged trip in which one or more passengers is picked up in one state and transported to an intermediate or final stop in another state.

Q. Is it considered an interstate trip if a pre-arranged trip originates in a state different than the state where the vehicle is licensed and the passenger(s) are transported to the state of licensure? A. Yes, as long as the trip was pre-arranged and the applicable federal requirements as previously noted were met, passenger(s) may be picked-up and transported to an intermediate or final stop in another state.

What is an intermediate stop? An intermediate stop is a stop or stops made prior to arrival at your final destination in which the driver does not perform any service for any other person while waiting to resume transport of the first passenger or passengers Note this is different for intercity buses – may pickup & drop off intermediate stoppers as long as the route is interstate in design and operation

What would be examples of an intermediate stop according to the law? 1. The pick-up of passengers in the vehicle’s home state and transporting them to dinner in another state. After dinner, the passengers are transported to the theatre; after the theatre, the passengers are transported to their home state. 2. A passenger is picked-up at the airport in a state other than the vehicle’s home state. The passenger is taken to a meeting or dinner in the other state and after the dinner or meeting the passenger is transported to the vehicle’s home state. 3. It is prom night and a passenger is picked-up in the vehicle’s home state. The passenger is transported to another state to pick-up his/her date, and to proceed to the prom in another state. The process is reversed and the passenger drops off his/her date home and returns to the passenger’s place of pick-up in the vehicle’s home state.

These are examples of some of the ways For-Hire vehicles would be in compliance with interstate transportation involving immediate stops. However, such vehicles must be properly licensed in their home state and have federal authority to cross the border.

Does the law apply to pickups and drop offs at airports, train stations or bus terminals? Yes, as long as a passenger or passengers are taken across state lines and the trip is pre-arranged.

What if a van picks-up prearranged passengers at the airport, train station or a bus terminal, but not all will be involved in an interstate trip, will the law be violated? No, according to legal experts, as long as one passenger is taken across state lines, the entire trip is interstate with the non-interstate stops being intermediate stops within the same state as the airport. Applies to both interstate limousines and buses.

Can airports, train stations or bus terminals charge a licensing or permitting fee? A. No, the intent of the law is to eliminate duplicative licensing and fees, including vehicle or driver inspections, when the same is being performed by its home or state jurisdiction. However, an airport has the right to charge for services and manage their curbs for safety and security reasons. Airports may charge a per trip fee which is reasonable and assist drivers in meeting and greeting customers.

Must an airport, train station or bus terminal provide preferential curb space or parking areas? No, Under the law airports retain the right to enter into exclusive arrangements for ground transportation service. For-hire vehicles are granted the right to use the public parking garage at the normal parking rates. (AGTA: NOT SO)

Non License – Airport Fees AGTA Memorandum b. “Airport officials have the right to charge a specific local access or use fee to pre-arranged interstate limousine carriers for the use of their airport facilities. These facilities may include, but not be limited to, vehicle holding lots, driver lounges and information systems, commercial roadways and curbs, and designated parking areas.”

Non License – Airport Fees AGTA Memorandum c. “Airport officials can require drivers of interstate transportation vehicles to abide by airport rules and regulations for ground transportation drivers and the operation of their vehicles. That said, drivers can be fined or otherwise disciplined when not following these rules up to and including exclusion from the airport premises.”

Problematic Areas Requirements for a license to conduct a commercial business at the airport. Requirements for airport limousine fees where there are no specific facilities or curb space set aside for pre-arranged interstate limousine operations. Determination of whether a specific pre-arranged passenger or trip is interstate or not.

Actions AGTA feels are not currently required by the RIDE Act That airport officials must permit the pre-arranged limousine operator to park in the public parking facility at the regular public rate and greet their customer in the same manner as any private individual would without any additional charges. That airport officials must provide equal access to pre-arranged interstate limousine operators. That airport officials cannot restrict or prohibit a legitimate pre-arranged limousine or other ground transportation provider from picking up passengers at their airport.

Legislative Update NLS Attempts to strengthen Ride Act DOT “Clarification Letter” Hiring additional lobbying firm Nothing likely accomplished this session Georgia State Initiative

Georgia State Limousine Assoc. Three Step Process Gather all regulation of limousines unto to the Public Service Commission Pass a law stipulating no one else except Ga. PSC can levy fees or taxes on all vehicles under PSC jurisdiction Passed Airport related legislation relating to fees, charges and regulation by Ga. airports

Georgia Results Fixed fees for airport transponders Weeds out the “illegals” ??? Eliminates most dwell time & other fees?? Parking is to be no more than the general public’s cost???

Other Issues Being Monitored by AGTA 13 (b) or Commercial Motor Carrier Exemption – FLSA/Overtime Pay Definition(s) of Independent Contractors ADA revisions

Questions ????