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General Assembly Raised Bill No. 7243
January Session, 2019
LCO No. 4749
Referred to Committee on PUBLIC SAFETY AND
SECURITY
Introduced by:
(PS)
AN ACT CONCERNING TR ANSPORTATION NETWORK COMPANY
SAFETY AND SECURITY POLICIES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 13b-119 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2019): 2
(a) Prior to permitting an individual to act as a transportation 3
network company driver on its digital network, the transportation 4
network company shall: (1) Require the individual to submit an 5
application to the company that includes information regarding the 6
individual's name, address, date of birth, motor vehicle operator's 7
license number and motor vehicle registration; (2) (A) conduct, or have 8
a consumer reporting agency regulated under the federal Fair Credit 9
Reporting Act conduct, a driving record check and a local, state and 10
national criminal history records check, including a search of state and 11
national sexual offender registry databases provided such databases 12
are accessible to the public, or (B) arrange for the fingerprinting of the 13
individual to be submitted to the Federal Bureau of Investigation for a 14
national criminal history records check and to the State Police Bureau 15 Raised Bill No. 7243
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of Identification for a state criminal history records check conducted in 16
accordance with section 29-17a; and (3) disclose to such individual, 17
electronically or in writing, (A) the insurance coverage, including the 18
types of coverage and any coverage limits, that the company provides 19
while a transportation network company driver is connected to the 20
company's digital network or is engaged in the provision of a 21
prearranged ride, and (B) that a transportation network company 22
driver's personal automobile insurance policy might not provide 23
coverage while such driver is connected to the company's digital 24
network, available to receive a request for a prearranged ride or 25
engaged in the provision of a prearranged ride. 26
(b) A transportation network company shall conduct, or have a 27
consumer reporting agency regulated under the federal Fair Credit 28
Reporting Act conduct, a local, state and national criminal history 29
records check, including a search of state and national sexual offender 30
registry databases, or arrange for the fingerprinting of the individual 31
to be submitted to the Federal Bureau of Investigation for a national 32
criminal history records check and to the State Police Bureau of 33
Identification for a state criminal history records check conducted in 34
accordance with section 29-17a, at least once every three years after 35
permitting an individual to act as a transportation network company 36
driver. 37
(c) (1) No transportation network company shall permit an 38
individual to act as a transportation network company driver on its 39
digital network if such individual: (A) Has, during the three years 40
prior to the date of such individual's application to be a transportation 41
network company driver, (i) committed more than three moving 42
violations, as defined in section 14-111g, (ii) committed one serious 43
traffic violation, as defined in section 14-1, or (iii) had his or her motor 44
vehicle operator's license suspended pursuant to section 14-227b; (B) 45
has been convicted, within seven years prior to the date of such 46
individual's application, of driving under the influence of drugs or 47
alcohol, fraud, sexual offenses, use of a motor vehicle to commit a 48 Raised Bill No. 7243
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felony, acts of violence or acts of terror; (C) is included in the state 49
sexual offenders registry or the United States Department of Justice 50
National Sex Offender Public Website; (D) does not possess a motor 51
vehicle operator's license; (E) does not possess proof of registration for 52
each motor vehicle such individual proposes to use as a transportation 53
network company vehicle; or (F) is not at least nineteen years of age. 54
(2) An individual who is permitted to act as a transportation 55
network company driver shall report to the transportation network 56
company not later than twenty-four hours after the occurrence of any 57
of the following incidents: (A) The commission of a fourth moving 58
violation, as defined in section 14-111g, during the past three years; (B) 59
the commission of one serious traffic violation, as defined in section 60
14-1; (C) the suspension of his or her motor vehicle operator's license 61
pursuant to section 14-227b; (D) the conviction of driving under the 62
influence of drugs or alcohol, fraud, sexual offenses, use of a motor 63
vehicle to commit a felony, acts of violence or acts of terror; (E) 64
inclusion in the state sexual offenders registry or the United States 65
Department of Justice National Sex Offender Public Website; (F) failure 66
to possess an operator's license; or (G) failure to possess proof of 67
registration for a transportation network company vehicle. Each 68
transportation network company that receives a report pursuant to this 69
subdivision or becomes aware of such incident shall prohibit the 70
individual from acting as a transportation network company driver on 71
the company's digital network until the individual meets the 72
qualifications of this section to be a transportation network company 73
driver. 74
(d) (1) A transportation network company shall adopt a policy that a 75
transportation network company driver shall not use or be under the 76
influence of drugs or alcohol while the driver is connected to the 77
company's digital network or engaged in the provision of a 78
prearranged ride. The company shall provide notice of such policy on 79
its Internet web site, and include procedures for a transportation 80
network company rider to report a complaint about a driver whom the 81 Raised Bill No. 7243
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rider reasonably suspects was using or under the influence of drugs or 82
alcohol while engaged in the provision of a prearranged ride. 83
(2) Upon the company's receipt of a complaint by a rider alleging a 84
violation of such policy, the company shall suspend the driver's access 85
to the company's digital network as soon as possible and conduct an 86
investigation into the reported incident. The suspension shall last until 87
completion of the investigation. If the investigation confirms the driver 88
used or was under the influence of drugs or alcohol while engaged in 89
the provision of a prearranged ride or while connected to the 90
company's digital network, the company shall ban the driver's access 91
to the digital network on a permanent basis. 92
(3) The company shall maintain all records related to the 93
enforcement of such policy for a period of not less than three years 94
from the date that a complaint by a rider is received by the company. 95
(e) A transportation network company shall adopt a policy that 96
prohibits a transportation network company driver from providing a 97
prearranged ride when such driver's ability to operate a transportation 98
network company motor vehicle is impaired by illness, fatigue or any 99
other condition that would likely preclude safe operation of such 100
vehicle. 101
(f) (1) A transportation network company shall adopt a rider safety 102
and security policy. Under the policy, the transportation network 103
company shall: 104
(A) Establish a central telephone number for riders and other 105
individuals to contact the company in an emergency or other situation 106
that threatens a rider's safety or security, including a situation where a 107
rider may be a danger to himself or herself or another individual; 108
(B) Ensure that each transportation network company driver 109
prominently displays the central telephone number in the 110
transportation network company vehicle; 111 Raised Bill No. 7243
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(C) Prominently display the central telephone number on the 112
company's Internet web site and digital network; 113
(D) Ensure that calls to the central telephone number are answered 114
immediately with an option for the caller to speak immediately with a 115
representative; and 116
(E) Establish a protocol to provide prompt responses to emergencies 117
and other situations, including guidelines on when the company shall 118
contact the driver or emergency personnel to provide information 119
necessary to address the emergency or other situation. 120
(2) The Commissioner of Transportation may impose a civil penalty 121
of not more than five thousand dollars for failure to adopt or comply 122
with a rider safety and security policy pursuant to subdivision (1) of 123
this subsection. 124
[(f)] (g) A transportation network company driver shall: (1) Comply 125
with all applicable laws regarding nondiscrimination against 126
transportation network company riders or potential transportation 127
network company riders on the basis of age, color, creed, destination, 128
intellectual or physical disability, national origin, race, sex, sexual 129
orientation or gender identity; (2) comply with all applicable laws 130
relating to the accommodation of service animals and accommodate 131
service animals without imposing additional charges for such 132
accommodation; (3) comply with the policies adopted by the 133
transportation network company pursuant to subsection (c) of section 134
13b-118 and subsections (d), [and] (e) and (f) of this section; (4) not 135
impose additional charges for providing prearranged rides to persons 136
with physical disabilities because of such disabilities; and (5) not solicit 137
or accept a request for transportation unless the request is accepted 138
through the transportation network company's digital network. 139
[(g)] (h) (1) Any person who holds himself or herself out to be a 140
transportation network company driver who is not permitted by a 141
transportation network company to use its digital network shall be 142 Raised Bill No. 7243
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guilty of a class B misdemeanor. 143
(2) The state shall remit to a municipality fifty per cent of the fine 144
amount received for a violation of subdivision (1) of this subsection 145
with respect to each summons issued by such municipality. Each clerk 146
of the Superior Court or the Chief Court Administrator, or any other 147
official of the Superior Court designated by the Chief Court 148
Administrator, shall, on or before the thirtieth day of January, April, 149
July and October in each year, certify to the Comptroller the amount 150
due for the previous quarter under this subsection to each 151
municipality served by the office of the clerk or official. 152
[(h)] (i) (1) A transportation network company vehicle shall (A) have 153
four doors; (B) not be older than twelve model years old; and (C) be 154
designed to transport no more than eight passengers, including the 155
driver. 156
(2) Before any motor vehicle is used by a transportation network 157
company driver as a transportation network company vehicle, and 158
every two years thereafter, the driver shall certify to the transportation 159
network company that the following equipment is in good working 160
order: (A) Foot brakes; (B) emergency brakes; (C) steering mechanism; 161
(D) windshield; (E) rear window and other glass; (F) windshield 162
wipers; (G) headlights; (H) tail lights; (I) turn indicator lights; (J) brake 163
lights; (K) front seat adjustment mechanism; (L) doors; (M) horn; (N) 164
speedometer; (O) bumpers; (P) muffler and exhaust system; (Q) 165
condition of tires, including tread depth; (R) interior and exterior 166
rearview mirrors; and (S) seat safety belts and air bags for driver and 167
passengers. The transportation network company shall maintain such 168
certification for not less than three years. 169
Sec. 2. Section 13b-116 of the general statutes is repealed and the 170
following is substituted in lieu thereof (Effective October 1, 2019): 171
As used in this section and sections 13b-117 to 13b-120, inclusive: 172
(1) "Transportation network company" means a company, 173 Raised Bill No. 7243
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corporation, partnership, trust, association, sole proprietorship or 174
similar organization that operates in this state and uses a digital 175
network to connect transportation network company riders to 176
transportation network company drivers to provide prearranged rides. 177
"Transportation network company" does not include the holder of a 178
certificate of public convenience and necessity issued under the 179
provisions of section 13b-97 to operate a taxicab or the holder of a 180
permit issued under the provision of section 13b-103 to operate a 181
motor vehicle in livery service. 182
(2) "Transportation network company driver" or "driver" means an 183
individual who is not an employee of a transportation network 184
company, but who uses a transportation network company vehicle to 185
provide prearranged rides. 186
(3) "Transportation network company rider" or "rider" means an 187
individual or individuals who use a digital network to connect with a 188
transportation network company driver to receive a prearranged ride 189
between points chosen by the individual or individuals. 190
(4) "Potential transportation network company rider" or "potential 191
rider" means an individual or individuals who use a digital network to 192
request a prearranged ride but have not entered the transportation 193
network company vehicle. 194
(5) "Digital network" means any online-enabled application, web 195
site or system offered or utilized by a transportation network company 196
that enables the provision of prearranged rides. 197
(6) "Prearranged ride" means transport by a transportation network 198
company driver of a transportation network company rider, (A) 199
beginning when the driver accepts a request from the rider through a 200
digital network, (B) continuing while the driver transports the rider, 201
and (C) ending when the last rider exits the transportation network 202
company vehicle. 203
(7) "Transportation network company vehicle" means a motor 204 Raised Bill No. 7243
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vehicle as described in subsection [(h)] (i) of section 13b-119, as 205
amended by this act, that is owned, leased or otherwise used by a 206
transportation network company driver when the driver is connected 207
to a digital network or is engaged in the provision of a prearranged 208
ride. 209
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2019 13b-119
Sec. 2 October 1, 2019 13b-116
PS Joint Favorable