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 Jeff Greene 11/20/2018

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 that is providing pre-arranged interstate ground transportation service, but that motor vehicle must meet the following requirements:

Proper licensure are in home state. 2. The trip must be prearranged. 3. 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. 4. For vehicles designed to transport 9 to 15 passengers (including the driver) registration with the USDOT and must meet applicable federal interstate carrier licensing requirements. a. A letter from the old ICC or listing the USDOT number. b. Carry $1.5 million liability insurance. List location or contact for specification (or other related documents) here

Q. Is it considered an interstate trip if a pre-arranged trip that originates in a state different than the state where the vehicle is licensed and the passenger(s) are transported to the state of licensure? c. Provide service with a vehicle that transports 9 to 15 passengers (including driver). 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.

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.

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.

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 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 pickup 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 intermediate stops. However, such vehicles must be properly licensed in their home state and when applicable 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 bus terminal, but not all will be involved in an interstate trip, will the law be violated? No, according to the Senate Report, 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.

Can airports, train stations or bus terminals charge me 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. Pre-arranged interstate trip for-hire vehicles are granted the right to use the public parking garage at the normal parking rates.

How are the driver drug testing and/or criminal background checks expected to be implemented? Remember, an out of state jurisdiction can only require drug testing and/or criminal background checks if they require it of their own local drivers. The law is clear that the performance of driver drug testing and/or criminal background checks may be conducted by a public or private entity. Thus, if a licensing jurisdiction already requires either or both, than there is automatic compliance with the law. Driver background checks are to be performed for the state where the operator’s company is domiciled.

What kind of documentation should each vehicle contain that conducts interstate transactions? As a best practice the following documents should be readily available in the glove compartments of each vehicle for authorities to review: 1. Letter of federal authority to conduct interstate transportation for vehicles designed to transport 9 to 15 passengers (including driver). 2. Proof of insurance in the amount of at least $1.5 million liability insurance as is the federal requirement for vehicles designed to transport 9 to 15 passengers (including driver), 3. Official copy of the driver’s criminal background check if the other state or other state’s jurisdiction requires such.

4. Documentation of drug testing if the other state 4. Documentation of drug testing if the other state or states jurisdictions require such. 5. For 9 to 15 passenger (including driver) vehicle conducting an interstate trip, have marked on both sides of the vehicle the USDOT number as distinguished from the MC number awarded by the former Interstate Commerce Commission or the DOT when the vehicle initially applied for the for-hire operating authority. Vehicles designed to transport 1 to 8 passengers (including the driver) are now exempt from the federal interstate carrier regulations.

For vehicles designed to transport 9 to 15 passengers (including the driver) an ICC number or “MC Number” is required for all “FOR HIRE” companies that transport passengers for a fare or charter fee in interstate travel. This registration is required to demonstrate to the Federal Motor Carrier Safety Administration that a carrier is aware of the safety regulations that are in effect, as well as to prove that an interstate carrier is in possession of Liability Insurance that meets these FMCSA minimum requirements:

Any vehicle with a seating capacity of 9 to 15 (including the driver) Any vehicle with a seating capacity of 16 or more (are not covered by the RIDE Act) $5,000,000.00

A USDOT number can be obtained by filling out forms MCS-150 and MCS-150A at WWW.FMCSA.DOT.GOV. There is no charge for this number, although you will need a valid credit card in your name to serve as an electronic “signature” on the application.

The limousine service with vehicles designed to transport 9 to 15 passengers (including the driver) that are used in interstate transportation will also need to identify “Process Agents” who will accept warrants, subpoenas and other official communications in each state they plan to do business. Please note that the federal fine for transporting passengers in interstate travel without a valid MC number is $10,000.00 for vehicles designed to transport 9 to 15 passengers (including the driver).