The Limos.com Forum Has Moved!!!

After abandoning plans to seek federal jurisdiction under re-defining the meaning of through ticketing under fears that such will pull economic regulation & politico influence away from the locals holding interstate hubs, the NLA & TLPA is embarking on the RIDE Act part II.

Without doubt, much of the stakeholders paid dues will be put towards this endeavor for lobbying & the attention that could be dedicated towards other endeavors will be committed to amending the current law.

What is the Amendment being presented? Unknown & it's up to the stakeholders to press the boards for release of this information.

The Current Law: Title 49 U.S.C. ss 14501 ( d ) Federal Authority Over Intrastate Transportation

( d ) Pre-Arranged Ground Transportation -
( 1 ) In General - No State or political subdivision thereof and no interstate agency or other political agency of 2 or more States shall enact or enforce any law, rule, regulation, standard or other provision having the force and effect of law requiring a license or fee on account of the fact that a motor vehicle is providing pre-arranged ground transportation service if the motor carrier providing such service-
( A ) meets all applicable registration under chapter 139 for the interstate transportation of passengers;
( B ) meets all applicable vehicle and intrastate passsenger licensing requirements of the State or States in which the motor carrier is domiciled or registered to do business; and
( C ) is providing such service pursuant to a contract for-
( i ) transportation by the motor carrier from one State, including intermediate stops, to a destination in another State; or
( ii ) transportation by the motor carrier from one State, including intermediate stops in another State, to a destination in the original State.

So for starters, does this preemption actually have any impact on your operations?

With the understanding that prearranged transportation is not "chartered" transportation whereas a group has entered into a contractual agreement with exclusive use of the vehicle, are you engaged in providing prearranged interstate transportation?

quote:

Originally posted by Dean Schuler:
Lurkers are generally industry short timers.

The Lightbulb Changing & the No Guts crowd.

Lurkers are generally industry short timers.

Forgot something:
For the Lurkers yeah you know who you are.

( 3 ) Transportation Terminal Fees.
( A ) Fees prohibited. - An operator of a transportation terminal that is a recipient of any federal funds may not charge any fee (other than a fee charged to the general public for access to or use of any part of the terminal) to any provider of prearranged ground transportation service described in subparagraph ( 1 )( B ).

Proof Enough?

You all better have your shit together on this one as when the airports find out, betcha their lobbyist can beat up yours.

Time for a "Limousine Bill Could Cost Airports Millions" press release?

I am in receipt of the Final Draft to Amend 14501 ( d ) & in its reading it does seem as though if passed into law no airport receiving federal funding may charge ground transportation services anymore then charged to the general public for entering the airport to load prearranged passengers. The wording would be applicable to both interstate & intrastate transfers.

This is a worthy law that should be backed by all plus the traveling consumers themselves.

quote:

Originally posted by DR LIMO:
Gunny, Whe we purchased a limousine company, I read the RIDE act carefully. If I read it correctly, the transportation has to leave the state it originated in or leave the state and return in order for there to be the fee exemption. Any transport within the state of origin constitutes INTRASTATE transportation, leaving the door open to fees and such levied by the states. Please let me know if you have gotten a differant answer from your lawyers.

See C (i) & C (ii)

#1 My Lawyers are confused enough without me interjecting this into the fray.

Currently the RIDE Act is applicable only to those motor carriers registered as interstate carriers with the DOT providing prearranged "interstate transportation". That is, crossing state lines in prearranged passenger transportation.

So, if one doesn't cross state lines in provision of prearranged passenger transportation, the RIDE Act is of no importance nor for motor carriers engaged in providing interstate chartered transportation.

Gunny, Whe we purchased a limousine company, I read the RIDE act carefully. If I read it correctly, the transportation has to leave the state it originated in or leave the state and return in order for there to be the fee exemption. Any transport within the state of origin constitutes INTRASTATE transportation, leaving the door open to fees and such levied by the states. Please let me know if you have gotten a differant answer from your lawyers.

See C (i) & C (ii)

With it already established through Federal Circuits & the US Supreme Court that transfers that are planned events from & to interstate transportation hubs are deemed to be within the stream of interstate commerce. Would the following Federal Preemptive Law be applicable to airports who meet the definition of a political subdivision of a State?

Title 49 U.S.C. 14501

A State or political subdivision thereof may not collect or levy a tax, fee, head charge, or other charge on -
( 1 ) a passenger traveling in interstate commerce by motor carrier;
( 2 ) the transportation of a passenger traveling in interstate commerce by motor carrier;
( 3 ) the sale of passenger transportation in interstate commerce by motor carrier; or
( 4 ) the gross receipts derived from such transportation.

Would it be more prudent to set a precedent using this law through the courts on the current fees being levied upon interstate transportation services by airports then to spend untold tens of thousands of dollars to maybe amend the RIDE Act?