A3951

An Act exempting certain vehicles from “Angelie’s Law” and amending P.L.2013, c.224.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 4 of P.L.2013, c.224 (C.56:16-2) is amended to read as follows:

4. For the purposes of sections 3 through 9 of P.L.2013, c.224 (C.56:16-1 et seq.):

"Autobus" means a privately-owned autobus operated over the public highways in this State for the transportation of not more than 40 passengers for hire in intrastate or interstate business except that "autobus" shall not include:

(1) a vehicle engaged in motorbus regular route service as defined in section 3 of P.L.1979, c. 150 (C.27:25-3);

(2) a vehicle engaged in the transportation of passengers for hire in the manner and form commonly called taxicab service unless that service becomes or is held out to be regular service between stated termini;

(3) a hotel bus used exclusively for the transportation of hotel patrons to or from local railroad or other common carrier stations including local airports;

(4) a bus operated for the transportation of enrolled children and adults only when serving as chaperones to or from a school, school connected activity, day camp, summer day camp, nursery school, child care center, pre-school center, or other similar places of education, including "School Vehicle Type I" and "School Vehicle Type II" as defined in R.S.39:1-1;

(5) an autobus with a carrying capacity of not more than 13 passengers operated under municipal consent upon a route established wholly within the limits of a single municipality or with a carrying capacity of not more than 20 passengers operated under municipal consent upon a route established wholly within the limits of not more than four contiguous municipalities within any county of the fifth or sixth class, which route in either case does not, in whole or in part, parallel upon the same street the line of any street railway or traction railway or any other autobus route;

(6) an autocab, limousine, or livery service as defined in R.S.48:16-13, unless that service becomes or is held out to be regular service between stated termini;

(7) a vehicle used in a "ridesharing" arrangement, as defined by the "New Jersey Ridesharing Act of 1981," P.L.1981, c.413 (C.27:26-1 et al.);

(8) a motor bus owned by, or operated under a contract with, the New Jersey Transit Corporation;

(9) charter bus operations, as defined in R.S.48:4-1;

(10) a vehicle designed to transport 8 or more, but less than 16, persons, including the driver, which is used exclusively for the transportation of persons between an off-airport parking facility and an airport; [or]

(11) a special paratransit vehicle, as defined in R.S.48:4-1 ; or

(12) a vehicle that is owned or leased by a “boarding or nursing home,” as defined by section 2 of P.L.1977, c.238 (C.26:2H-37), by an “assisted living facility,” as defined by section 1 of P.L.2009, c.234, by an adult day health care facility or pediatric day health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et al.), or by a facility or other entity approved by the Department of Human Services to provide services for persons with developmental disabilities, as defined by section 3 of P.L.1985, c.145 (C.30:6D-25), and which is used to transport eight or more, but not less than 16 persons, including the driver, to and from recreational and social activities, shopping, and other health care providers; provided that no charge is assessed each time a patient, resident, or client utilizes the transportation service.

"Bill of Rights for Customers of Certain Autobuses" means the consumer protections, obligations of the owners and operators of autobuses, and basic expectations and guarantees of health, safety, and welfare established pursuant to section 6 of P.L.2013, c.224 (C.56:16-4).

“For hire” means for direct or indirect hire, any service for which the driver of the vehicle is compensated, or which is included in the duties of the person who renders services for compensation, but shall not include transportation services that are provided to patients or residents of a “boarding or nursing home,” as defined by section 2 of P.L.1977, c.238 (C.26:2H-37), an “assisted living facility,” as defined by section 1 of P.L.2009, c.234, an adult day health care facility or pediatric day health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et al.), or to patients or residents of a facility or other entity that is approved by the Department of Human Services to provide services for persons with developmental disabilities, as defined by section 3 of P.L.1985, c.145 (C.30:6D-25), unless a charge is assessed each time a patient, resident, or client utilizes the transportation services.

"Operator" means a person who is in actual physical control of an autobus.

"Owner" means a person who holds the legal title of an autobus, or if an autobus is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or if a mortgagor of an autobus is entitled to possession, then the conditional vendee, lessee or mortgagor shall be considered the owner.

(cf: P.L.2013, c.224, s.4)

2. This act shall take effect immediately.

STATEMENT

This bill exempts vehicles which are owned or leased by a boarding or nursing home, an assisted living facility, an adult day health care facility, a pediatric day health care facility, or a facility or agency approved by the Department of Human Services to serve persons with developmental disabilities from the provisions of “Angelie’s Law” if the vehicle is used to transport eight or more but less than 16 persons, including the driver, to and from recreational and social activities, shopping, and other health care providers, provided that a charge is not assessed each time a patient, resident, or client utilizes the transportation service.

Angelie’s Law (P.L.2013, c.244): (1) establishes a “Bill of Rights for Customers of Certain Autobuses”; (2) prohibits an owner of an autobus from allowing, requiring, permitting, or authorizing any operator of an autobus from operating an autobus without a valid commercial driver license; and (3) requires a police officer to obtain a blood sample from an operator of an autobus if the autobus was involved in an accident resulting in the death or serious bodily injury of any person. Angelie’s Law defines an “autobus” as a privately-owned passenger motor vehicle operated in intrastate or interstate business over the public highways in this State for the transportation of not more than 40 passengers for hire. The following types of vehicles are excluded from the definition of “autobus”: vehicles engaged in motorbus regular route service, taxicabs, hotel buses, school buses, Atlantic County and Cape May County jitney buses, limousines, vehicles used in a ridesharing arrangement, motor buses owned by, or under contract with, the New Jersey Transit Corporation, charter bus operations, off-airport parking shuttles, and special paratransit vehicles.

This bill excludes vehicles which are owned or leased by a boarding or nursing home, an assisted living facility, an adult day health care facility, a pediatric day health care facility, or a facility or agency approved by the Department of Human Services to serve persons with developmental disabilities from the definition of “autobus” for the purposes of Angelie’s Law if the vehicle is used to transport eight or more but less than 16 persons, including the driver, to and from recreational and social activities, shopping, and other health care providers, provided that a charge is not assessed each time a patient, resident, or client utilizes the transportation service.