Bill Text: NJ S2179 | 2016-2017 | Regular Session | Introduced
Bill Title: Regulates transportation network companies.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2016-12-19 - Substituted by A3695 (AS/1R) [S2179 Detail]
Download: New_Jersey-2016-S2179-Introduced.html
Sponsored by:
Senator PAUL A. SARLO
District 36 (Bergen and Passaic)
Senator JOSEPH M. KYRILLOS, JR.
District 13 (Monmouth)
SYNOPSIS
"Transportation Network Company Safety and Regulatory Act."
CURRENT VERSION OF TEXT
As introduced.
An Act concerning transportation network companies and supplementing Title 39 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Sections 1 through 24 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be known and may be cited as the "Transportation Network Company Safety and Regulatory Act."
2. The Legislature finds and declares that:
a. Advances in technology and access to cost-effective smartphone applications have meaningfully improved the quality of life of consumers in this State.
b. Transportation network companies provide innovative services that use digital networks to connect riders with transportation network company drivers who use their personal, noncommercial vehicles to provide transportation.
c. These transportation network companies create economic opportunities for New Jersey residents and provide riders throughout the State with another transportation option where other transportation options may not be readily accessible.
d. Transportation network companies frequently provide transportation service across municipal and county boundaries and are best regulated at the State, rather than the local level.
e. It is in the public interest for the State to preserve and enhance access to this important transportation option for residents and visitors of New Jersey.
3. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
"Applicant" means a person who applies to a transportation network company to be a transportation network company driver.
"Certified background screener" means an entity certified by a professional background screening accreditation organization and subject to the federal Fair Credit Reporting Act (15 U.S.C. s.1681 et seq.).
"Commission" means the New Jersey Motor Vehicle Commission.
"Digital network" means any online-enabled technology application, service, website, or system offered or utilized by a transportation network company that enables the prearrangement of rides between transportation network company riders and transportation network company drivers.
"Division" means the Division of Consumer Affairs in the Department of Law and Public Safety.
"Personal vehicle" means a motor vehicle that is used by a transportation network company driver and is owned, leased, or otherwise authorized for use by the transportation network company driver. A personal vehicle shall not be considered an autocab or taxi as defined in R.S.48:16-1, a limousine as defined in R.S.48:16-13, an autobus or jitney as defined in R.S.48:16-23, a motor bus as defined in section 1 of P.L.1991, c.154 (C.17:28-1.5), or any other for-hire vehicle.
"Prearranged ride" means the provision of transportation by a transportation network company driver to a transportation network company rider, beginning when a driver accepts a ride requested by a rider through a digital network controlled by a transportation network company, continuing while the driver transports a requesting rider, and ending when the last requesting rider departs from the personal vehicle. A prearranged ride shall not include transportation provided using an autocab, taxi, limousine, autobus, jitney, motor bus, or other for-hire vehicle. A prearranged ride shall not include ridesharing, as defined in R.S.39:1-1; or any arrangement or service in which the driver receives a fee that does not exceed the driver's cost associated with providing the ride.
"Transportation network company" means a corporation, partnership, sole proprietorship, or other entity that operates in this State, and uses a digital network to connect a transportation network company rider to a transportation network company driver to provide a prearranged ride. A transportation network company shall not be deemed to control, direct, or manage a transportation network company driver or the driver's personal vehicle that connects to the company's digital network, except where agreed to by written contract.
"Transportation network company driver" or "driver" means a person who: (1) receives connections to potential riders and related services from a transportation network company in exchange for payment of a fee to the transportation network company; and (2) uses a personal vehicle to offer or provide a prearranged ride to a rider upon connection through a digital network controlled by a transportation network company in return for compensation or payment of a fee.
"Transportation network company rider" or "rider" means a person who uses a transportation network company's digital network to connect with a transportation network company driver to receive a prearranged ride from the driver using the driver's personal vehicle between points chosen by the rider.
4. A transportation network company or a transportation network company driver shall not provide a taxi, limousine, or other for-hire vehicle service except as authorized pursuant to applicable law. A transportation network company driver shall not be required to register the driver's personal vehicle used to provide prearranged rides as a commercial or for-hire vehicle.
5. a. The commission shall issue a permit for the lawful operation of a transportation network company in this State to each transportation network company that meets the requirements provided in P.L. , c. (C. ) (pending before the Legislature as this bill), and pays the commission an annual permit fee of $5,000.
b. A transportation network company shall not operate in this State prior to obtaining a permit from the commission; provided that, a transportation network company operating in the State prior to the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) may continue to operate in the State until the commission issues a written decision regarding the transportation network company's permit application.
c. A transportation network company operating in the State prior to the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) shall apply to the commission for a permit pursuant to this section on or before the 30th day after the commission begins accepting permit applications.
6. a. A transportation network company operating in the State shall appoint and maintain an agent for service of process in this State.
b. The transportation network company shall submit to the commission within 10 days of receiving a permit, the name, address, telephone number, or other contact information of the agent. The transportation network company shall notify the commission of any change of the agent, address, telephone number, or other contact information for the agent, within 10 days of the effective date of the change.
7. A transportation network company may, on behalf of a transportation network company driver, collect a fare for transportation service provided to a transportation network company rider; provided that, if a fare is collected from a rider, the transportation network company shall disclose to the rider on its website or digital network the fare or method by which the transportation network company calculates fares. The transportation network company shall provide riders with the applicable rates being charged by a transportation network company driver and the option to receive an estimated fare prior to the rider entering the driver's personal vehicle.
8. A transportation network company shall provide to a transportation network company rider on its website or digital network a picture of the transportation network company driver that is to provide the prearranged ride and the license plate number of the driver's personal vehicle that is to be used to provide the prearranged ride prior to the rider entering the driver's personal vehicle.
9. Within 48 hours following completion of a prearranged ride, a transportation network company shall provide a transportation network company rider with an electronic receipt which shall include:
a. the points of origin and destination of the prearranged ride;
b. the total time and distance of the prearranged ride; and
c. an itemization of the total fare paid, if any.
10. a. A transportation network company driver, a transportation network company, or a combination of the two shall, on or before the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), maintain primary automobile insurance that recognizes that the driver is a transportation network company driver, or otherwise uses a personal vehicle to provide prearranged rides, and covers the driver: (1) while the driver is logged on to the transportation network company's digital network as a transportation network company driver but is not providing a prearranged ride; or (2) while the driver is providing a prearranged ride.
b. Whenever a transportation network company driver is logged on to the transportation network company's digital network as a driver and is available to receive a prearranged ride request, but is not providing a prearranged ride, the transportation network company driver, transportation network company, or any combination of the two shall maintain the following insurance coverage:
(1) primary automobile liability insurance in the amount of at least $50,000 for death or bodily injury per person, $100,000 for death or bodily injury per incident, and $25,000 for property damage;
(2) primary personal injury protection benefits that provide coverage amounts selected pursuant to section 4 of P.L.1972, c.70 (C.39:6A-4); and
(3) uninsured and underinsured motorist coverage to the extent required pursuant to section 2 of P.L.1968, c.385 (C.17:28-1.1).
c. Whenever a transportation network company driver is providing a prearranged ride, the transportation network company driver, transportation network company, or any combination of the two shall maintain the following insurance coverage:
(1) primary automobile liability insurance in the amount of at least $1,500,000 for death, bodily injury, and property damage;
(2) primary automobile insurance for medical payments benefits in an amount of at least $10,000 per person per incident, which shall only apply to and provide coverage for the benefit of the transportation network company driver; and
(3) uninsured and underinsured motorist coverage to the extent required pursuant to section 2 of P.L.1968, c.385 (C.17:28-1.1).
d. If insurance coverage maintained by a transportation network company driver pursuant to subsections b. and c. of this section has lapsed or does not provide the required coverage, insurance maintained by the transportation network company shall provide the coverage required by subsections b. and c. of this section beginning with the first dollar of a claim and the transportation network company shall have the duty to defend the claim.
e. Coverage under an automobile insurance policy maintained by the transportation network company shall not be dependent upon a private passenger automobile insurer first denying a claim nor shall a private passenger automobile insurance policy be required to first deny a claim.
f. Insurance coverage required by this section may be obtained from an insurance company duly licensed to transact business under the insurance laws of this State or by an eligible surplus lines insurer under section 11 of P.L.1960, c.32 (C.17:22-6.45).
g. The coverage required pursuant to subsections b. and c. of this section shall be deemed to meet the financial responsibility requirements of the "Motor Vehicle Security-Responsibility Law," P.L.1952, 173 (C.39:6-23 et seq.), P.L.1972, c.197 (C.39:6B-1 et seq.), and P.L.1972, c.70 (C.39:6A-1 et seq.).
h. A transportation network company driver shall carry proof of insurance required pursuant to subsections b. and c. of this section at all times while using a personal vehicle in connection with a transportation network company's digital network. In the event of an accident, a transportation network company driver shall, upon request, provide insurance coverage information to the directly interested parties, automobile insurers, and investigating law enforcement officers. The insurance coverage information may be displayed or provided in either paper or electronic form as provided in R.S.39:3-29. A transportation network company driver shall, upon request, disclose to the directly interested parties, automobile insurers, and investigating law enforcement officers whether the driver was logged on to a digital network as a driver or whether the driver was providing a prearranged ride at the time of the accident.
11. A transportation network company shall not permit a transportation network company driver to accept a request for a prearranged ride on the transportation network company's digital network until the transportation network company discloses in writing to the driver:
a. the insurance coverage, including the types and limits of coverage, that the transportation network company provides while the driver uses a personal vehicle in connection with a transportation network company's digital network; and
b. that the driver's own private passenger automobile insurance policy, depending on the driver's private passenger automobile insurance policy, may or may not provide any coverage while the driver is logged on to the transportation network company's digital network as a driver and is available to receive requests for prearranged rides, or is providing a prearranged ride.
12. a. Notwithstanding the "Motor Vehicle Security-Responsibility Law," P.L.1952, c.173 (C.39:6-23 et seq.) and P.L.1972, c.197 (C.39:6B-1 et seq.), an insurance company duly licensed to transact business under the insurance laws of this State may exclude any and all coverage afforded under a private passenger automobile insurance policy issued to an owner or operator of a personal vehicle for any loss or injury that occurs while the personal vehicle is being used by a transportation network company driver and the driver is logged on to a transportation network company's digital network as a driver or is providing a prearranged ride. This right to exclude all coverage may apply to any coverage included in a private passenger automobile insurance policy including, but not limited to:
(1) liability coverage for bodily injury and property damage;
(2) personal injury protection coverage;
(3) uninsured and underinsured motorist coverage;
(4) medical payments coverage;
(5) comprehensive physical damage coverage; and
(6) collision physical damage coverage.
Nothing in this section shall imply or require that a private passenger automobile insurance policy provide coverage while the driver is logged on to a transportation network company's digital network as a driver, is providing a prearranged ride, or is otherwise using a vehicle to transport riders for compensation.
Nothing in this section shall be construed to require an insurer to use any particular policy language or reference to this section in order to exclude any and all coverage for any loss or injury that occurs while a driver is logged on to a transportation network company's digital network as a driver or while a driver is providing a prearranged ride.
Nothing in this section shall be deemed to preclude an insurer from providing primary or excess coverage by contract or endorsement for the transportation network company driver's personal vehicle while the transportation network company driver is logged on to a digital network as a driver or while the driver is providing a prearranged ride.
b. An insurance company duly licensed to transact business under the insurance laws of this State that excludes coverage pursuant to subsection a. of this section shall have no duty to defend or indemnify any claim expressly excluded thereunder. Nothing in this section shall be deemed to invalidate or limit an exclusion contained in a policy, including any policy in use or approved for use in the State prior to enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), that excludes coverage for vehicles used to carry persons or property for a charge or available for hire by the public. An automobile insurance company that defends or indemnifies a claim against a driver that is excluded under the terms of its policy shall have a right of contribution against other insurers that provide automobile liability insurance to the same driver in satisfaction of the coverage required pursuant to subsections b. and c. of section 10 of P.L. , c. (C. ) (pending before the Legislature as this bill) at the time of loss.
c. In a claims coverage investigation, a transportation network company shall provide, upon request, to a directly involved party or any insurer of the transportation network company driver, if applicable, the precise times that a transportation network company driver logged on and off of the transportation network company's digital network as a driver in the 12-hour periods immediately preceding and immediately following the accident. Any insurer potentially providing coverage under subsections b. and c. of section 10 of P.L. c. (C. ) (pending before the Legislature as this bill) shall disclose, upon request by any other insurer involved in the particular claim, the applicable coverage, exclusions, and limits provided under any automobile insurance maintained under section 10 of P.L. , c. (C. ) (pending before the Legislature as this bill).
13. a. A transportation network company shall:
(1) maintain a system that permits a transportation network company driver to opt out of any communication with the transportation network company at the driver's discretion;
(2) maintain a system that permits a driver to establish, at the sole discretion of the driver, an independent business while engaging with the transportation network company's digital network; and
(3) maintain a system that permits a driver, at the sole discretion of the driver, to operate in any municipality in the State without providing prior notice to the transportation network company.
b. A transportation network company shall not restrict a driver's ability to utilize another transportation network company's digital network. A driver that connects with more than one transportation network company's digital network shall be deemed to be customarily engaged in an independently established occupation.
c. Nothing in P.L. , c. (C. ) (pending before the Legislature as this bill) shall be construed to establish an employer-employee relationship between a transportation network company and a transportation network company driver.
14. a. A transportation network company shall implement a zero tolerance policy on the use of drugs and alcohol that may impair a transportation network company driver while the driver is providing a prearranged ride or while the driver is logged on to the transportation network company's digital network as a driver but is not providing a prearranged ride.
b. The transportation network company shall provide on its website, digital network, or electronic receipt, notice of the zero tolerance policy and procedures for a transportation network company rider to report a complaint about a driver of a prearranged ride suspected of driving under the influence of drugs or alcohol.
c. Upon receiving a complaint from a rider alleging that a driver violated the zero tolerance policy, the transportation network company shall conduct an investigation into the reported incident and, if results of the investigation corroborate the rider's complaint, revoke the driver's access to the transportation network company's digital network as soon as possible.
d. The transportation network company shall maintain records relevant to the enforcement of the zero tolerance policy required under this section for a period of at least two years from the date that the transportation network company receives a rider's complaint.
15. a. The transportation network company shall adopt a policy of non-discrimination on the basis of destination, race, color, national origin, religious belief or affiliation, sex, disability, age, sexual orientation, or gender identity with respect to transportation network company riders and potential riders. The transportation network company shall notify a transportation network company driver of the non-discrimination policy.
b. A transportation network company driver shall comply with all applicable laws regarding non-discrimination against riders or potential riders on the basis of destination, race, color, national origin, religious belief or affiliation, sex, disability, age, sexual orientation, or gender identity and shall comply with all applicable laws relating to accommodation of service animals.
c. A transportation network company shall not impose additional fees for accommodation of a person with a physical disability.
16. a. A transportation network company shall require a transportation network company driver applicant to submit a transportation network company driver application to the transportation network company. The application shall include the applicant's address, age, and social security number, a copy of the applicant's driver's license, motor vehicle registration, and automobile liability insurance, and any other information required by the transportation network company. A transportation network company may permit an applicant to utilize the transportation network company's digital network as a transportation network company driver and to provide prearranged rides as a transportation network company driver if: (1) the applicant has completed an application under subsection a. of this section; and (2) the applicant is not disqualified from being a transportation network company driver pursuant to subsection c. of this section, based upon the private background check conducted pursuant to subsection b. of this section and the application materials provided pursuant to subsection a. of this section, or pursuant to subsection b. of section 18 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. Prior to allowing an applicant to log on to a transportation network company's digital network as a transportation network company driver or to provide a prearranged ride as a transportation network company driver, the transportation network company, through a certified background screener, shall conduct a private criminal background check, which shall include a search of:
(1) a multi-state and multi-jurisdictional criminal records locator or other similar commercial nationwide database with validation; and
(2) The United States Department of Justice's Dru Sjodin National Sex Offender Public Website.
c. (1) An applicant shall be prohibited from utilizing the transportation network company's digital network as a transportation network company driver or from providing a prearranged ride as a transportation network company driver if the applicant's private criminal background check required pursuant this subsection reveals a record of conviction of the following crimes:
(a) In New Jersey, any violation within the past seven years as follows: aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery, aggravated sexual assault, sexual assault, or endangering the welfare of a child pursuant to N.J.S.2C:24-4, whether or not armed with or having possession of any weapon enumerated in subsection r. of N.J.S.2C:39-1, a crime pursuant to the provisions of N.J.S.2C:39-3, N.J.S.2C:39-4, or N.J.S.2C:39-9, or other than a disorderly persons or petty disorderly persons offense for the unlawful use, possession, or sale of a controlled dangerous substance as defined in N.J.S.2C:35-2.
(b) In any other state, territory, commonwealth, or other jurisdiction of the United States, as a result of a conviction in a court of competent jurisdiction, a crime which in that other jurisdiction is comparable to one of the crimes enumerated in subparagraph (a) of this paragraph; provided however, that if a person who has been convicted of one of the crimes enumerated in subparagraph (a) or (b) of this paragraph produces a valid certificate of rehabilitation issued pursuant to section 2 of P.L.2007, c.327 (C.2A:168A-8) or, if the criminal offense occurred outside the State, an equivalent certificate from the jurisdiction where the criminal offense occurred, the criminal offense shall not disqualify the applicant from accessing the transportation network company's digital network as a transportation network company driver or from providing prearranged rides as a transportation network company driver. A transportation network company, or a third party designated by the transportation network company, shall take reasonable measures to confirm the validity of the certificate, such as contacting the relevant court or government agency.
(2) An applicant shall be prohibited from utilizing the transportation network company's digital network as a transportation network company driver or from providing a prearranged ride as a transportation network company driver if the applicant:
(a) is a match in the United States Department of Justice's Dru Sjodin National Sex Offender Public Website;
(b) is not a holder of a valid basic driver's license;
(c) does not possess proof of valid vehicle registration for the driver's personal vehicle to be used to provide prearranged rides;
(d) does not possess proof of valid automobile liability insurance for the personal vehicle to be used to provide prearranged rides; or
(e) is under 19 years of age.
d. In addition to performing the private criminal background check required pursuant to subsection b. of this section, a transportation network company shall request, within seven days from the commencement of a private criminal background check provided in subsection b. of this section, the State Bureau of Identification in the Division of State Police to conduct a criminal history name search identification check of each driver and applicant, in accordance with regulations adopted under chapter 59 of Title 13 of the New Jersey Administrative Code, by verifying the driver's or applicant's name against the central repository of the State Bureau of Identification. The State Bureau of Identification shall electronically transmit the results of a criminal history name search identification check to the transportation network company.
Notwithstanding subsection a. of this section, if the results of the criminal history name search identification check reveal any criminal convictions for the crimes set forth in paragraph (1) of subsection c. of this section, the transportation network company shall, within 48 hours of receipt of the results, prohibit a transportation network company driver or applicant from logging on to the transportation network company's digital network as a transportation network company driver or providing a prearranged ride as a transportation network company driver.
The transportation network company shall provide a transportation network company driver or applicant who has been prohibited from logging on to the transportation network company's digital network as a transportation network company driver or from providing prearranged rides as a transportation network company driver due to a criminal conviction with adequate notice and an opportunity to confirm or deny the accuracy of the information contained in the criminal history name search identification check in accordance with regulations adopted under chapter 59 of Title 13 of the New Jersey Administrative Code.
e. Notwithstanding the seven day time requirement pursuant to subsection d. of this section, a transportation network company shall have 30 days from the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) to request the State Bureau of Identification to conduct a criminal history name search identification check, as required pursuant to subsection d. of this section, of a transportation network company driver who was subject to a private criminal background check pursuant to subsection b. of this section before the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) and, as a result of the private criminal background check, was found not to have been convicted of any offense set forth in paragraph (1) of subsection c. of this section.
f. Any records or information furnished to the State Bureau of Identification by a transportation network company under subsections d. and e. of this section, any records used to perform the criminal history name search identification check, and the results of a criminal history name search identification check conducted by the State Bureau of Identification pursuant to subsections d. and e. of this section shall not be used by the State Bureau of Identification, the Division of State Police, or any other State agency for any purpose other than performing a criminal history name search identification check pursuant to subsections d. and e. of this section; and shall not be considered a public record pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.), P.L.2001, c.404 (C.47:1A-5 et al.), or the common law concerning access to public records. Nothing in this subsection shall be construed as limiting the applicability of any other exemptions under P.L.1963, c.73 (C.47:1A-1 et seq.) or P.L.2001, c.404 (C.47:1A-5 et al.).
g. Any signature of an applicant, transportation network company driver, or transportation network company that is required to conduct a criminal history name search identification check pursuant to this section may be obtained and transferred electronically. A transportation network company shall submit information and signatures necessary to perform a criminal history name search identification check to the State Bureau of Identification, and the State Bureau of Identification shall provide results of the criminal history name search identification check conducted pursuant to this section to the transportation network company through a file transfer protocol server, until the State Bureau of Identification implements a system to enable:
(1) a transportation network company to securely transfer information and signatures electronically to the State Bureau of Identification for the purpose of conducting a criminal history name search identification check pursuant to this section; and
(2) the State Bureau of Identification to securely transfer results of a criminal history name search identification check conducted pursuant to this section electronically to the transportation network company.
h. A transportation network company shall pay a fee not to exceed $100,000 annually to the State Bureau of Identification for the purpose of processing a criminal history name search identification check pursuant to subsections d. and e. of this section; and no other fee shall be charged to an applicant, transportation network company, or transportation network company driver to conduct a criminal history name search identification check.
17. Prior to allowing an applicant to log on to a transportation network company's digital network as a transportation network company driver or to provide a prearranged ride as a transportation network company driver, the transportation network company, or a third party designated by the transportation network company, shall conduct a social security trace that identifies the addresses of the applicant for at least seven years prior to the date the application is received by the transportation network company. An applicant shall provide at least four of the following documents, in paper or electronic form, to the transportation network company for purposes of conducting a social security trace:
a. the applicant's driver's license;
b. the applicant's motor vehicle registration;
c. the applicant's automobile liability insurance policy;
d. a utility or credit card statement containing the applicant's name and address issued within the past 90 days;
e. a high school or college transcript containing the applicant's name and address issued within the past two years;
f. a current lease or rental agreement containing the applicant's name as the lessee or renter; or a property tax bill containing the applicant's name as the property owner or co-owner issued within the past year;
g. a letter or correspondence addressed to the applicant and received from the Internal Revenue Service or New Jersey Division of Taxation within the past year;
h. first-class mail addressed to the applicant and received from a federal, state, or local government agency within the past six months;
i. a valid active duty United States military photo identification card;
j. a valid United States passport; or
k. a valid United States permanent resident card.
18. a. Prior to allowing an applicant to log on to a transportation network company's digital network as a transportation network company driver or to provide a prearranged ride as a transportation network company driver, the transportation network company, or a third party designated by the transportation network company, shall conduct a driving record check, which shall include information concerning the applicant's driving violations and driver's status.
b. An applicant shall be prohibited from utilizing a transportation network company's digital network as a transportation network company driver or providing a prearranged ride as a transportation network company driver if the applicant's driving record reveals more than three moving violations in the prior three-year period, or one of the following violations in the prior three-year period:
(1) driving under the influence pursuant to R.S.39:4-50;
(2) resisting arrest; eluding an officer pursuant to N.J.S.2C:29-2;
(3) reckless driving pursuant to R.S.39:4-96; or
(4) driving with a suspended or revoked license pursuant to R.S.39:3-40.
19. A transportation network company shall take steps to prohibit unauthorized drivers from logging on to the transportation network company's digital network as a transportation network company driver, including:
a. assigning a unique network access key, which shall include a username and password, for each authorized transportation network company driver to enable the driver to log on to the transportation network company's digital network;
b. requiring each driver to keep the network access key confidential and prohibiting the driver from sharing this information with a third party; and
c. establishing procedures for responding to complaints from a transportation network company rider claiming the picture provided of the driver on the transportation network company's website or digital network does not match the driver of the prearranged ride.
20. A transportation network company shall require an applicant's personal vehicle to be used to provide a prearranged ride to meet the vehicle inspection requirements pursuant to R.S.39:8-1 prior to permitting the applicant to log on to its digital network as a transportation network company driver or to provide a prearranged ride as a transportation network company driver. A transportation network company shall require a transportation network company driver to maintain a valid decal or inspection certificate of approval for the driver's personal vehicle used to provide prearranged rides.
21. A transportation network company driver shall not solicit or accept any ride that is not prearranged through a transportation network company's digital network.
22. A transportation network company driver providing a prearranged ride shall produce, upon the request of a law enforcement officer, in paper or electronic form, a valid driver's license, valid motor vehicle registration card, proof of valid insurance required pursuant to subsections b. and c. of section 10 of P.L. , c. (C. ) (pending before the Legislature as this bill), and proof that the driver is authorized to provide prearranged rides through the transportation network company's digital network.
23. a. Notwithstanding any other provision of law, a transportation network company shall maintain the following records: (1) individual prearranged ride records for at least six years following the date of the prearranged ride; and (2) individual records of each transportation network company driver, including, but not limited to, any records provided to the transportation network company pursuant to sections 16 through 18 of P.L. , c. (C. ) (pending before the Legislature as this bill), for at least six years after the driver terminates status as a transportation network company driver.
b. The New Jersey Motor Vehicle Commission or the Division of Consumer Affairs in the Department of Law and Public Safety may inspect records held by the transportation network company to investigate and resolve a specific complaint filed against a transportation network company driver. A record provided to the commission or division pursuant to this section may exclude information that tends to identify specific drivers or transportation network company riders, unless the identity of the driver or rider is relevant to the complaint.
c. The commission or division may require transportation network company records maintained in-State or out-of-State to be available to the commission or division within 14 business days of the commission's or division's request to inspect records to investigate and resolve a complaint pursuant to subsection b. of this section.
A transportation network company shall make out-of-State records available to the commission or division, no later than 14 business days after the commission's or division's request to inspect the records. The transportation network company may request an extension if the 14 business day deadline imposes an undue burden upon the transportation network company.
In the event of exigent circumstances, the commission or division may require a transportation network company to make its records available before 14 business days from the time of the commission's or division's request if receipt of the records before 14 business days is reasonably necessary under the circumstances for the investigation or resolution of a complaint pursuant to subsection b. of this section.
d. For the purpose of verifying that a transportation network company is in compliance with the requirements of P.L. , c. (C. ) (pending before the Legislature as this bill) or to assure the integrity and performance of a transportation network company or a transportation network company driver, the commission, division, or an authorized representative may visually inspect transportation network company driver records including all books, records, documents, papers, reports, or data relating to the operation of a transportation network company, in whatever form kept, including, but not limited to, records required to be maintained by a transportation network company pursuant subsection a. of this section. The inspection shall take place at a mutually agreed location in the State. Any record provided to the commission, division, or authorized representative may exclude information that tends to identify specific drivers or riders.
e. Any records inspected by the commission, division, or authorized representative under this section, shall be deemed confidential, shall not be disclosed to a third party except with the prior written consent of the transportation network company, and shall not be considered a public record pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.), P.L.2001, c.404 (C.47:1A-5 et al.), or the common law concerning access to public records. Nothing in this section shall be construed as limiting the applicability of any other exemptions under P.L.1963, c.73 (C.47:1A-1 et seq.) or P.L.2001, c.404 (C.47:1A-5 et al.).
f. A transportation network company's repeated failure to comply with the provisions of this section or permit the commission or division on the transportation network company's premises during regular business hours to conduct investigations or reviews shall be cause for suspension or revocation of the permit issued by the commission to operate as a transportation network company pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill), or any other fine, penalty, or enforcement action as determined by the commission or division. The commission's or division's investigation or review of the transportation network company may include, but shall not be limited to, discussions with customers and transportation network company drivers, examination of motor vehicle records, questioning of employees, and the use of other investigatory techniques as may be necessary for the enforcement of this section and regulations adopted by the commission or division.
g. The commission and division shall enter into a memorandum of understanding to effectuate the authority granted to the commission and division pursuant to this section.
24. Notwithstanding any other provision of law, a transportation network company and a transportation network company driver shall be governed exclusively by P.L. , c. (C. ) (pending before the Legislature as this bill), any supplements or amendments thereto, and any rules promulgated by the commission or division pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill).
A county or municipality shall not require a transportation network company or transportation network company driver to obtain a license or permit to provide a prearranged ride in that county or municipality, or require a driver to obtain a license or permit for the driver's personal vehicle in order to provide a prearranged ride in that county or municipality.
A county or municipality shall not impose a tax or fee that only applies to a transportation network company or transportation network company driver; provided that a transportation network company or driver shall be subject to a tax or fee that applies generally to all businesses or residents of the county or municipality.
Except for the permit fee authorized pursuant to section 5 P.L. , c. (C. ) (pending before the Legislature as this bill) and applicable fee to process a criminal history name search identification check, the State shall not impose a tax or fee that only applies to a transportation network company or transportation network company driver; provided that, a transportation network company or driver shall be subject to a tax or fee that applies generally to all businesses or residents of the State.
25. The Chief Administrator of the New Jersey Motor Vehicle Commission and the Director of the Division of Consumer Affairs in the Department of Law and Public Safety are authorized to adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations to implement the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).
26. This act shall take
effect on the first day of the third month following enactment, except the New
Jersey Motor Vehicle Commission and the Division of Consumer Affairs in the Department
of Law and Public Safety may take anticipatory actions necessary to implement
the provisions of this act.
STATEMENT
This bill regulates transportation network companies and may be cited as the "Transportation Network Company Safety and Regulatory Act." A transportation network company (TNC) is defined as a corporation, partnership, sole proprietorship, or other entity operating in New Jersey that uses a digital network to connect a TNC rider (rider) to a TNC driver (driver) to provide a prearranged ride.
The bill establishes safety and insurance requirements for TNCs that conduct business in New Jersey. Under the bill, a TNC is required to obtain a permit from the New Jersey Motor Vehicle Commission (MVC) upon payment of an annual $5,000 fee, and to appoint and maintain an agent for service of process in New Jersey. Prearranged rides provided by a driver are not to be considered transportation provided by an autocab, taxi, limousine, autobus, jitney, motor bus, or other for-hire vehicle, and is not to be considered ridesharing. A TNC or a driver is not to provide taxi, limousine, or other for-hire vehicle service. A driver is not to be required to register his or her personal vehicle used to provide prearranged rides as a commercial or for-hire vehicle and is not to solicit or accept any ride that is not prearranged through a transportation network company's digital network. The bill provides that TNCs are to be regulated by the State, and that a county or municipality is not to require a TNC or driver to obtain a license or permit to provide prearranged rides in that county or municipality, or require a driver to obtain a license or permit to use a personal vehicle to provide prearranged rides in that county or municipality. A county or municipality and the State, with certain limited exceptions, are not to impose a tax or fee that only applies to a TNC or driver; provided that, the TNC or driver is subject to a tax or fee that applies generally to all businesses or residents of the jurisdiction.
Information to Riders
The bill requires a TNC to provide riders, on its website or digital network, the fare or method by which the TNC calculates fares, the applicable rates being charged, and the option to receive an estimated fare prior to entering the driver's vehicle. A TNC is also required to provide a rider with the picture of the driver that is to provide the prearranged ride and the license plate number of the driver's vehicle used to provide the prearranged ride prior to the rider entering the driver's personal vehicle. Within 48 hours following the completion of the prearranged ride, the TNC is to provide the rider with an electronic receipt detailing the points of origin and destination of the prearranged ride, the total time and distance of the prearranged ride, and an itemization of the total fare paid.
Insurance Requirements
Under the bill, a TNC, driver, or combination of the two, is required to maintain primary automobile liability insurance in an amount of at least $50,000 for death or bodily injury per person, $100,000 for death or bodily injury per incident, and $25,000 for property damage while the driver is logged on to the TNC's digital network as a driver and is available to receive requests for a prearranged ride, but is not providing a prearranged ride. In this situation, the TNC, driver, or a combination of the two, is also required to maintain primary personal injury protection benefits.
A TNC, driver, or combination of the two, is to maintain primary automobile liability insurance in an amount of at least $1,500,000 for death, bodily injury, and property damage while the driver is providing a prearranged ride. In this situation, a TNC, driver, or combination of the two is also required to maintain primary automobile insurance for medical payments benefits to provide coverage only for the benefit of the driver in an amount of at least $10,000 per person per incident.
While accessing the TNC's digital network but not providing a prearranged ride, and while providing a prearranged ride, the TNC, driver, or a combination of the two, is required to maintain uninsured and underinsured motorist coverage. The bill provides that if the insurance coverage maintained by a driver has lapsed or does not provide the required coverage, insurance maintained by the TNC is required to provide the necessary coverage and the TNC has a duty to defend the claim.
In addition, the bill requires a driver to carry paper or electronic proof of the required insurance at all times while using a personal vehicle in connection with a TNC's digital network. In the event of an accident, a driver is required, upon request, to provide insurance coverage information to the directly interested parties, automobile insurers, and investigating law enforcement officers. A driver is also required, upon request, to disclose to the directly interested parties, automobile insurers, and investigating law enforcement officers whether the driver was logged on to a digital network as a driver or whether the driver was providing a prearranged ride at the time of the accident.
The bill also provides that a TNC is not to permit a driver to accept a request for prearranged ride on the TNC's digital network until the TNC discloses in writing to the driver: (1) the insurance coverage, including the types and limits of coverage, that the TNC provides; and (2) that the driver's own private passenger automobile insurance policy may or may not provide any coverage while the driver is logged on to the digital network as a driver and is available to receive a request for a prearranged ride or while the driver is providing a prearranged ride.
Under the bill, an insurance company may exclude any and all coverage afforded under a private passenger automobile insurance policy issued to an owner or operator of a personal vehicle for loss or injury that occurs while the personal vehicle is being used by a driver and the driver is logged on to the TNC's digital network as a driver or is providing a prearranged ride.
TNC Maintenance of Certain Systems
The bill requires a TNC to maintain a system that permits a driver to: (1) opt out of any communication with the TNC; (2) establish an independent business while engaging with the TNC's digital network; and (3) operate in any municipality in the State, without providing notice to the TNC. A TNC is not to restrict a driver from utilizing another TNC's digital network.
Zero Tolerance Alcohol and Drug Policy
Under the bill, a TNC is to implement a zero tolerance drug and alcohol policy while a driver is logged on to the TNC's digital network as a driver or is providing a prearranged ride through the TNC's digital network. The TNC is to provide riders, on its website, digital network, or electronic receipt, notice of the zero tolerance policy and procedures to report a complaint about a driver's suspected violation of the policy. The TNC is to investigate the complaint and, if results of the investigation corroborate the rider's complaint, revoke the driver's access to the TNC's digital network as soon as possible. The TNC is to maintain records concerning the enforcement of the zero tolerance policy
Non-Discrimination and Accessibility Policy
Under the bill, a TNC is required to implement a non-discrimination policy against riders or potential riders on the basis of destination, race, color, national origin, religious belief or affiliation, sex, disability, age, sexual orientation, or gender identity. Drivers are required to comply with all applicable laws regarding non-discrimination as well as laws relating to the accommodation of service animals. A TNC is prohibited from charging an additional fee for accommodation of a person with a physical disability.
Driver Application Materials and Criminal History Checks
A TNC is to require each person who applies to a TNC to be a driver to submit an application with the applicant's address, age, and social security number, and a copy of the applicant's driver's license, motor vehicle registration, and automobile liability insurance.
The TNC, through a certified background screener, is required to conduct a private criminal background check before allowing an applicant to log on to the TNC's digital network as a driver or to provide a prearranged ride as a driver. The check is to include a search of a multi-state and multi-jurisdictional criminal records locator or similar commercial nationwide database with validation and the United States Department of Justice's Dru Sjodin National Sex Offender Public Website.
An applicant is disqualified from being a driver if the applicant was convicted for any of the disqualifying crimes provided in the bill unless the applicant can provide a valid certificate of rehabilitation. An applicant is also disqualified if the applicant is a match on the United States Department of Justice's Dru Sjodin National Sex Offender Public Website, is not a holder of a valid basic driver's license, does not possess proof of a valid vehicle registration, or proof of valid personal automobile liability insurance, or is less than 19 years old.
A TNC may permit an applicant to utilize the transportation network company's digital network as a driver if: the applicant completes an application and is not disqualified from being a transportation network company driver based upon the application materials submitted to the TNC, the private background check conducted through a certified background screener, and the driving record check conducted by the TNC or third party.
In addition to conducting a private criminal background check, a TNC is required to request, within seven days of starting to perform the private criminal background check, the State Bureau of Identification to conduct a criminal history name search identification check, in accordance with regulations adopted under the New Jersey Administrative Code. If the results of the criminal history name search identification check reveal that a driver or applicant was convicted of a disqualifying crime provided in the bill, the TNC is required to, within 48 hours of receipt of the results, prohibit the driver or applicant from logging on to the TNC's digital network as a driver or providing prearranged rides as a driver. The TNC is to provide a driver or applicant with adequate notice and the opportunity to confirm or deny the accuracy of the information contained in the criminal history name search identification check.
A TNC has 30 days after the effective date of the bill to request a criminal history name search identification check for a driver who was subject to a private criminal background check prior to the effective date of the bill and was found not to have been convicted of a disqualifying offense. Any records or information provided to the State Bureau of Identification to conduct a check and the results of a check are not to be used for any other purpose and are not considered public records. An applicant's, driver's, or TNC's signature needed to perform a criminal history name search identification check may be obtained and transferred electronically and the results of the check are to be transferred electronically through a file transfer protocol server until the State Bureau of Identification implements a system to enable: (1) a TNC to securely transfer information and signatures electronically to the State Bureau of Identification, and (2) the State Bureau of Identification to securely transfer results of the check electronically to the TNC. A TNC is required to pay a fee not to exceed $100,000 annually to the State Bureau of Identification to process the criminal history name search identification checks. No other fee is to be assessed against a TNC, driver, or applicant to conduct a criminal history name search identification check.
Social Security Trace
Before allowing an applicant to log on to the TNC's digital network as a driver or to provide prearranged rides as a driver, a TNC or a third party is to conduct a social security trace that identifies the applicant's address for the past seven years. The applicant is to provide four of the following documents for purposes of conducting the social security trace: (1) the applicant's driver's license; (2) the applicant's motor vehicle registration; (3) the applicant's automobile liability insurance policy; (4) a utility or credit card statement containing the applicant's name and address issued within the past 90 days; (5) a high school or college transcript containing the applicant's name and address issued within the past two years; (6) a current lease or rental agreement containing the applicant's name as the lessee or renter, or a property tax bill containing the applicant's name as the property owner or co-owner issued within the past year; (7) a letter or correspondence addressed to the applicant and received from the Internal Revenue Service or New Jersey Division of Taxation within the past year; (8) first-class mail addressed to the applicant and received from a federal, state, or local government agency within the past six months; (9) a valid active duty United States military photo identification card; (10) a valid United States passport; or (11) a valid United States permanent resident card.
Driving Record Check
The TNC or a third party is required to conduct a driving record check before allowing an applicant to log on to the TNC's digital network as a driver or to provide prearranged rides as a driver. An applicant is disqualified from being a driver if the applicant has received more than three moving violations in the past three years, or a violation for driving under the influence; resisting arrest, eluding an officer; reckless driving; or driving with a suspended or revoked license within the past three years.
Restricted Access to TNC Digital Network
The TNC is to restrict access to its digital network and prohibit unauthorized drivers from logging on to the digital network as a driver by assigning a unique network access key, which is to include a username and password, that is not to be shared with a third party. A TNC is to respond to complaints from riders that the picture provided of the driver does not match the driver of the prearranged ride.
Vehicle Inspection
Prior to allowing an applicant to log on to the TNC's digital network as a driver or to provide a prearranged ride as a driver, a TNC is to require that the applicant's personal vehicle to be used to provide prearranged rides meets the State's inspection requirements for passenger automobiles. The TNC is to require a driver to maintain a valid decal or inspection certificate of approval for the personal vehicle.
Law Enforcement Request for Documents
A driver providing a prearranged ride is to produce in paper or electronic form upon the request of a law enforcement officer, a valid driver's license, valid motor vehicle registration card, proof of valid insurance, and proof that the driver is authorized to provide prearranged rides through the TNC's digital network.
Maintenance and Inspection of TNC Records
A TNC is to maintain records of individual prearranged ride records for at least six years after the date of the prearranged ride and individual records of each driver for at least six years after the driver terminates status as a driver.
The bill authorizes the MVC and the Division of Consumer Affairs in the Department of Law and Public Safety (division) to inspect TNC records to investigate and resolve a specific complaint against a driver. The MVC or division may require TNC records maintained in-State or out-of-State to be available to the MVC or division within 14 business days of the MVC's or division's request to inspect the records. A TNC may request an extension of the 14 business day deadline for out-of-State TNC records if the deadline imposes an undue burden upon the TNC. In the event of exigent circumstances, the MVC or division may require a TNC to make its records available before 14 business days from the time of the MVC's or division's request if receipt of the records before 14 business days is reasonably necessary under the circumstances for the investigation or resolution of a complaint.
The bill also authorizes the MVC or division to visually inspect certain TNC records to verify the TNC's compliance with provisions of the bill or to assure the integrity and performance of a TNC or driver. The inspection is to take place in a mutually agreed upon location in New Jersey.
Records provided to or inspected by the MVC or division may exclude information tending to identify a specific driver or rider and are not considered public records.
A TNC that repeatedly fails to comply with the maintenance and inspection provisions of the bill or to permit the MVC or division on the TNC's premises during regular business hours to conduct investigations or reviews is subject to suspension or revocation of its permit to operate in the State. The TNC is also subject to any other fine, penalty, or enforcement action determined by the MVC or division.
An investigation or review conducted by the MVC or division may include, but is not limited to, discussions with customers and drivers, examination of motor vehicle records, questioning of employees, and the use of other investigatory techniques that may be necessary for the enforcement of the maintenance and inspection provisions of the bill or regulations adopted by the MVC or division.
The commission and division are required to enter into a memorandum of understanding to effectuate the authority granted to them by the record maintenance and inspection provisions of the bill.
