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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
COMMITTEE SUBSTITUTE
FOR ENGROSSED
SENATE BILL NO. 999 By: Bergstrom of the Senate
and
Frix of the House
COMMITTEE SUBSTITUTE
An Act relating to transportation; creating the
Oklahoma Courier Application Services Act; providing
definitions; excluding motor carrier classification
for certain entities and people; requiring courier
service implement zero tolerance policy for drugs or
alcohol; requiring services suspend access and
conduct investigation in certain circumstance;
requiring applicants submit certain information to
courier service; prohibiting courier service from
hiring certain persons; requiring updates; requiring
certain equipment sta ndards be met by courier
application service drivers; providing for
codification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1050 of Title 47, unless there
is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the “Oklahoma
Courier Application Services Act”.
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SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1051 of Title 47, unless there
is created a duplication in numbering, reads as follows:
As used in the Oklahoma Courier Application Services Act:
A. "Digital network" means any online -enabled application,
software, website or system offered or utilized by a courier
application service (CAS) that enables the prearrangement of courier
services with CAS drivers.
B. "Personal vehicle" means a vehicle that is used by a CAS
driver in connection with providing courier services and is:
1. Owned, leased or otherwise authorized for use by the CAS
driver; and
2. Has an actual weight of less than eight thousand (8,000)
pounds; and
3. Has no more than two axles or axle combination.
C. "Courier application services (CAS)" means a business entity
operating in Oklahoma that uses a digital network to connect
business entities including itself, its affiliates or people to CAS
drivers for the purpose of providing courier services on an on -
demand basis. Courier services are provided on an on -demand basis
if the CAS drivers are free to accept or reject courier requests and
the CAS does not require the CAS driver to accept any specific
delivery request as a condition of maintaining access to the CAS
digital network. A CAS does not provide other for -hire motor
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carrier services. A CAS shall not be deemed to control, direct or
manage the personal vehicles or participating drivers that connect
to its digital network, except where agreed to by written contrac t.
D. "Courier application service driver (CAS driver)" means an
individual who uses a personal vehicle to provide courier services
for business or people upon connection through a digital network
controlled by a CAS in return for compensation or payment of a fee.
E. "Courier service" means the for -hire transportation of
property in a personal vehicle, with each individual piece of
property weighing less than one hundred (100) pounds, beginning
either when
1. A CAS driver accepts a courier request throug h a digital
network controlled by a CAS; or
2. If a CAS driver accepts such courier request for delivery
during a fixed block of time, when the CAS driver picks up the
property for delivery.
The courier service continues while the CAS driver is actively
transporting the requested property to the recipient and ends when
the property has been delivered. A courier service does not include
shared expense or transporting property not for profit, or other
for-hire motor carrier operations authorized by the laws of this
state.
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SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1052 of Title 47, unless there
is created a duplication in numbering, reads as follows:
Courier application service companies or courier application
service drivers shall not be considered motor carriers of property,
nor shall CAS or CAS drivers be considered for -hire motor carrier,
as defined in Section 230.23 of Title 47 of the Oklahoma Statutes.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1053 of Title 47, unless there
is created a duplication in numbering, reads as follows:
Courier application service companies shall implement a zero -
tolerance policy again st CAS drivers operating under the influence
of drugs or alcohol while providing courier services and shall
provide notice of this policy on its digital network. Upon receipt
of a credible complaint alleging a violation of the zero -tolerance
policy, the CAS shall suspend the CAS driver’s access to the CAS's
digital network and shall conduct an investigation into the reported
incident. The suspension shall last the duration of the
investigation.
SECTION 5. NEW LAW A new section of l aw to be codified
in the Oklahoma Statutes as Section 1054 of Title 47, unless there
is created a duplication in numbering, reads as follows:
A. Prior to permitting an individual to act as a courier
application service driver on its digital network, the c ourier
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application service shall require the individual to submit to the
CAS information regarding his or her address, age, driver license
and other information required by the CAS.
B. A CAS shall not knowingly permit an individual to act as a
CAS driver on its digital network who:
1. Does not possess a valid driver license;
2. Does not possess current proof of motor vehicle registration
for the motor vehicles used to provide courier services; and
3. Is not at least eighteen (18) years of age.
C. Every CAS operating in this state shall implement a
procedure for periodic information updates to ensure continued
compliance by each driver with the requirements of this section.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1055 of Title 47, unless there
is created a duplication in numbering, reads as follows:
Every courier application service shall require that any motor
vehicles that a CAS driver will use to provide courier services
meets the equipment standards required of private motor vehicles
under Section 12-101 et seq. of Title 47 of the Oklahoma Statutes.
SECTION 7. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON TRANSPORTATION, da ted 03/25/2021 -
DO PASS, As Amended.