S.22-4.35: No Creepy Rideshare Drivers Act (PASSED)

[fhtagn]

NO CREEPY RIDESHARE DRIVERS ACT

1. As used in this act ride share service means any business who provides prearranged rides using a digital platform that connects passengers with drivers or who contracts or enters into an agreement, or arrangement, with a customer and who, in accordance with such contract, agreement, or arrangement, arranges any transportation or negotiates for or holds itself out by solicitation, advertisement, or otherwise as one who arranges for such transportation but does not control the manner in which such transportation is provided.

2. No ride share service may operate in the Southern Region, unless it has obtained a commercial transportation broker's license from every State in which the ride share service seeks to operate.

3. Each State DMV shall issue commercial transportation broker's licenses to ride share services provided the ride share service adopts a safety policy consisting of the following provisions:

A. Extensive background checks of all drivers, with immediate disqualification of persons convicted for any fraud, sexual offenses, or violent crimes, or registration as a sex offender.

B. A review of driving history of all drivers, with disqualification of persons convicted of three (3) or more moving violations in the last three (3) years, DUI, underage drinking, refusal to submit to a breathalyzer, hit and run, or eluding law-enforcement, or a revocation of a driver's license.

C. Zero tolerance for the use of illegal drugs or alcohol by any drivers while driving, and a suspension pending investigation of any driver accused of violating the zero tolerance policy.

D. Only employing drivers who are properly licensed and over nineteen (19) years old, and vehicles that carry a maximum of seven (7) passengers and are properly registered and inspected for safety where applicable.

E. Rigorous insurance requirements, including a requirement for drivers to maintain automobile liability insurance, maintaining on behalf of all drivers an additional $1 million of coverage from the moment a driver accepts a trip request until the passenger leaves the vehicle, and liability insurance for drivers who are logged onto the ride share service's software but not providing services.

F. Maintaining documentation for each driver of his or her background check, sex offender registry check, driving record, proof of insurance, valid driver's license, Social Security number, vehicle registration, and proof of vehicle safety inspection. Documentation must be available to the DMV of any State in which the ride share service is operating on demand to investigate any complaints, and must be available for periodic audits to ensure compliance.

G. Requiring features to help customers identify their driver and vehicle, including from the outside of the vehicle.

H. Requiring drivers to notify the ride share service of any change in their license status, vehicle registration, insurance, or any arrest for a crime that would disqualify them from being a driver.

I. Rate transparency and documentation thereof

J. Prohibiting the accepting of rides not booked through the ride share service’s mobile device apps, including street hails.

K. Prohibiting price discrimination or pay discrimination on the basis of any classification protected under the Southern Constitution. Price discrimination shall include but not limited to reduced fares to businesses owned by persons of any classification protected under the Southern Constitution.

L. Prohibiting the sale of customer location data.

4. Any ride share service that operates in violation of this law shall be fined $10,000.00 per day of illegal operation per State and be disgorged of all profits. The Attorney General or any State Attorney General may also seek appropriate equitable remedies including but not limited to an injunction.

5. This act shall take effect January 1, 2023.

Sponsor: fhtagn

[Mr. Reactionary]

This imposes certain safety requirements on rideshare apps like uber and lyft as is now allowed by federal law.

[fhtagn]

Motioning for a final vote. 24 hours for objections.

[President Punxsutawney Phil]

No objection.

[fhtagn]

A final vote on this bill is now open for 72 hours, or until 24 hours after this has enough votes to pass or fail, or until everybody votes, whichever occurs soonest.

[fhtagn]

Aye

[reagente]

Aye

[UlmerFudd]

aye

[President Punxsutawney Phil]

Aye

[RFayette]

Aye

[fhtagn]

The bill now passes and awaits gubernatorial action.

Aye: 5
Nay:0
Present: 0
Not voting: 0

NO CREEPY RIDESHARE DRIVERS ACT

1. As used in this act ride share service means any business who provides prearranged rides using a digital platform that connects passengers with drivers or who contracts or enters into an agreement, or arrangement, with a customer and who, in accordance with such contract, agreement, or arrangement, arranges any transportation or negotiates for or holds itself out by solicitation, advertisement, or otherwise as one who arranges for such transportation but does not control the manner in which such transportation is provided.

2. No ride share service may operate in the Southern Region, unless it has obtained a commercial transportation broker's license from every State in which the ride share service seeks to operate.

3. Each State DMV shall issue commercial transportation broker's licenses to ride share services provided the ride share service adopts a safety policy consisting of the following provisions:

A. Extensive background checks of all drivers, with immediate disqualification of persons convicted for any fraud, sexual offenses, or violent crimes, or registration as a sex offender.

B. A review of driving history of all drivers, with disqualification of persons convicted of three (3) or more moving violations in the last three (3) years, DUI, underage drinking, refusal to submit to a breathalyzer, hit and run, or eluding law-enforcement, or a revocation of a driver's license.

C. Zero tolerance for the use of illegal drugs or alcohol by any drivers while driving, and a suspension pending investigation of any driver accused of violating the zero tolerance policy.

D. Only employing drivers who are properly licensed and over nineteen (19) years old, and vehicles that carry a maximum of seven (7) passengers and are properly registered and inspected for safety where applicable.

E. Rigorous insurance requirements, including a requirement for drivers to maintain automobile liability insurance, maintaining on behalf of all drivers an additional $1 million of coverage from the moment a driver accepts a trip request until the passenger leaves the vehicle, and liability insurance for drivers who are logged onto the ride share service's software but not providing services.

F. Maintaining documentation for each driver of his or her background check, sex offender registry check, driving record, proof of insurance, valid driver's license, Social Security number, vehicle registration, and proof of vehicle safety inspection. Documentation must be available to the DMV of any State in which the ride share service is operating on demand to investigate any complaints, and must be available for periodic audits to ensure compliance.

G. Requiring features to help customers identify their driver and vehicle, including from the outside of the vehicle.

H. Requiring drivers to notify the ride share service of any change in their license status, vehicle registration, insurance, or any arrest for a crime that would disqualify them from being a driver.

I. Rate transparency and documentation thereof

J. Prohibiting the accepting of rides not booked through the ride share service’s mobile device apps, including street hails.

K. Prohibiting price discrimination or pay discrimination on the basis of any classification protected under the Southern Constitution. Price discrimination shall include but not limited to reduced fares to businesses owned by persons of any classification protected under the Southern Constitution.

L. Prohibiting the sale of customer location data.

4. Any ride share service that operates in violation of this law shall be fined $10,000.00 per day of illegal operation per State and be disgorged of all profits. The Attorney General or any State Attorney General may also seek appropriate equitable remedies including but not limited to an injunction.

5. This act shall take effect January 1, 2023.