I 

112TH CONGRESS 

1ST SESSION H. R. 1691 

To clarify the application of section 14501(d) of title 49, United States 

Code, to prevent the imposition of unreasonable transportation terminal fees. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 3, 2011 

Ms. RICHARDSON introduced the following bill; which was referred to the 

Committee on Transportation and Infrastructure 

A BILL 

To clarify the application of section 14501(d) of title 49, 

United States Code, to prevent the imposition of unreasonable transportation terminal fees. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Prevention of Unrea5 sonable Fees Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds as follows: 

8 (1) Several airports and other transportation 

9 terminals continue to charge or have imposed fees 

10 on all for-hire vehicles, regardless of whether the veVerDate Mar 15 2010 03:32 May 04, 2011 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1691.IH H1691

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1 hicle is providing interstate or intrastate transpor2 tation. 

3 (2) The imposition of such fees unreasonably 

4 burdens direct for-hire vehicles, many of whom are 

5 small businesses struggling to survive in these dif6 ficult economic times. 

7 SEC. 3. PREVENTION OF UNREASONABLE FEES. 

8 Section 14501(d) of title 49, United States Code is 

9 amended— 

10 (1) in paragraph (1), by striking ‘‘on account of 

11 the fact that a motor vehicle’’ and inserting ‘‘to be 

12 paid with respect to a motor vehicle that’’; 

13 (2) by redesignating paragraphs (2) and (3) as 

14 paragraph (3) and (4), respectively; 

15 (3) by inserting after paragraph (1) the fol16 lowing: 

17 ‘‘(2) TRANSPORTATION TERMINAL FEES PRO18 HIBITED.—An operator of a transportation terminal 

19 that, at any time after the date of enactment of the 

20 Prevention of Unreasonable Fees Act, uses any Fed21 eral funds for the construction, expansion, renova22 tion, or other capital improvement of such transpor23 tation terminal, or for the purchase or lease of any 

24 equipment installed in such transportation terminal 

25 or on its property, may not charge any fee to a proVerDate Mar 15 2010 03:32 May 04, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1691.IH H1691

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1 vider of prearranged ground transportation service 

2 described in paragraph (1), except— 

3 ‘‘(A) a fee charged to the general public 

4 for access to, or use of, any part of the trans5 portation terminal; 

6 ‘‘(B) a fee for the availability of ancillary 

7 facilities at the transportation terminal that is 

8 reasonable in relation to the costs of operating 

9 the ancillary facilities; or 

10 ‘‘(C) a fee for such access, use, or avail11 ability that the Secretary has approved in ad12 vance after making a determination that the fee 

13 is reasonable, nonburdensome, nondiscrim14 inatory, necessary, and appropriate to the pro15 vision of prearranged ground transportation 

16 service.’’; 

17 (4) by amending paragraph (3), as redesig18 nated, to read as follows: 

19 ‘‘(3) DEFINITIONS.—In this section: 

20 ‘‘(A) ANCILLARY FACILITIES.—The term 

21 ‘ancillary facilities’ includes restrooms, vending 

22 machines, monitoring facilities that advise par23 ties accessing the transportation terminal of ar24 rivals or departures of aircraft, buses, trains, 

25 ships, or boats, and such other facilities deterVerDate Mar 15 2010 03:32 May 04, 2011 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1691.IH H1691

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1 mined by the Secretary to be necessary, appro2 priate, desirable, or useful to the business of 

3 providing prearranged ground transportation 

4 service. 

5 ‘‘(B) INTERMEDIATE STOP.—The term ‘in6 termediate stop’, with respect to transportation 

7 by a motor carrier, means a pause in the trans8 portation in order for 1 or more passengers to 

9 engage in personal or business activity if the 

10 driver providing the transportation to such pas11 sengers does not, before resuming the transpor12 tation of at least 1 of such passengers, provide 

13 transportation to any other person not included 

14 among the passengers being transported when 

15 the pause began. 

16 ‘‘(C) TRANSPORTATION TERMINAL.—The 

17 term ‘transportation terminal’ means any air18 port, port facility for ships or boats, train sta19 tion, or bus terminal, including any principal 

20 building and all ancillary buildings, roads, run21 ways, and other facilities.’’; and 

22 (5) in paragraph (4), as redesignated— 

23 (A) in subparagraph (B)— 

24 (i) by striking ‘‘an airport, train, or 

25 bus’’ and inserting ‘‘a transportation’’; and 


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1 (ii) by striking ‘‘and’’ at the end; 

2 (B) by redesignating subparagraph (C) as 

3 subparagraph (D); 

4 (C) by inserting after subparagraph (B) 

5 the following: 

6 ‘‘(C) as prohibiting or restricting a trans7 portation terminal operator from requiring vehi8 cles that cannot safely use parking facilities 

9 that are otherwise available to the general pub10 lic to use segregated facilities, if the fee for 

11 such facilities is not more than the amount 

12 charged to the public for similar facilities;’’; 

13 (D) in subparagraph (D), as redesignated, 

14 by striking the period at the end and inserting 

15 ‘‘; or’’; and 

16 (E) by inserting after subparagraph (D), 

17 as redesignated, the following: 

18 ‘‘(E) as restricting the right of any State 

19 or political subdivision of a State to require a 

20 license or fee (other than a fee by a transpor21 tation terminal operator prohibited under para22 graph (2)) with respect to a vehicle that is pro23 viding transportation not described in para24 graph (1).’’. 


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1 SEC. 4. REGULATIONS. 

2 (a) IN GENERAL.—Not later than one year after the 

3 date of enactment of this Act, the Secretary of Transpor4 tation shall promulgate regulations to carry out the provi5 sions of section 14501(d) of title 49, United States Code, 

6 as amended by section 3. 

7 (b) PROVISIONS.—The regulations promulgated pur8 suant to subsection (a) shall include— 

9 (1) a comprehensive list of the ancillary facili10 ties determined by the Secretary to be necessary, ap11 propriate, desirable, and useful to the business of 

12 the provision of prearranged ground transportation 

13 service; 

14 (2) a schedule of suggested fees that— 

15 (A) may be charged for such ancillary fa16 cilities by any transportation terminal operator 

17 to a provider of prearranged ground transpor18 tation service for the availability of the ancillary 

19 facility; and 

20 (B) are determined by the Secretary to be 

21 reasonable in relation to the costs of operating 

22 the ancillary facility; 

23 (3) a requirement that any fee proposed by a 

24 transportation terminal operator for the availability 

25 of an ancillary facility may not be greater than the 

26 fee for such ancillary facility provided in the schedVerDate Mar 15 2010 03:32 May 04, 2011 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1691.IH H1691

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1 ule described in paragraph (2), unless the fee is ap2 proved in advance by the Secretary after a public 

3 hearing and determination that the proposed fee and 

4 the amount of the fee for the availability of such an5 cillary facility at such transportation terminal— 

6 (A) is reasonable in relation to the costs of 

7 operating the ancillary facility; and 

8 (B) otherwise complies with section 

9 14501(d) of title 49, United States Code; and 

10 (4) such other provisions as the Secretary de11 termines to be necessary or appropriate to carry out 

12 such section 14501(d) in a manner that prevents the 

13 imposition by a transportation terminal operator 

14 of— 

15 (A) fees to be paid by or with respect to 

16 a motor vehicle that is providing prearranged 

17 ground transportation service; or 

18 (B) any other discriminatory or punitive 

19 action or measure against, or with respect to, a 

20 motor vehicle that is providing prearranged 

21 ground transportation service. 

Æ 


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