HOUSE BILL 272
52nd legislature - STATE OF NEW MEXICO - first session, 2015
INTRODUCED BY
Monica Youngblood and Phil A. Griego
AN ACT
RELATING TO TRANSPORTATION; ENACTING THE TRANSPORTATION NETWORK COMPANY SERVICES ACT AND PROVIDING FOR ADMINISTRATION OF THE ACT BY THE PUBLIC REGULATION COMMISSION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Transportation Network Company Services Act".
SECTION 2. [NEW MATERIAL] PURPOSE.--The purpose of the Transportation Network Company Services Act is to ensure the safety, reliability and cost-effectiveness of transportation network company services within New Mexico and to preserve and enhance access to these transportation options for residents and visitors to the state.
SECTION 3. [NEW MATERIAL] DEFINITIONS.--As used in the Transportation Network Company Services Act:
A. "transportation network company" means an entity that is licensed pursuant to the Transportation Network Company Services Act, that is operating in New Mexico and that uses a digital network or software application service to connect passengers to transportation network company services provided by transportation network company drivers. A transportation network company is not deemed to own, control, operate or manage the vehicles used by the transportation network company drivers and is not a taxicab association or a for-hire vehicle owner;
B. "transportation network company driver" means an individual who operates a motor vehicle that is:
(1) owned, leased or otherwise authorized for use by the individual;
(2) not a taxicab or a for-hire vehicle; and
(3) used to provide transportation network company services; and
C. "transportation network company services" means transportation of a passenger between points chosen by the passenger and prearranged with a transportation network company driver through the use of a transportation network company digital network or software application. Transportation network company services shall begin when a transportation network company driver accepts a request for transportation received through the use of a transportation network company digital network or software application service, continue while the transportation network company driver transports the passenger in the transportation network company driver's vehicle and ends when the passenger exits the transportation network company driver's vehicle. "Transportation network company services" do not include taxicab, for-hire vehicle or street hail services.
SECTION 4. [NEW MATERIAL] NOT OTHER CARRIERS.-- Transportation network companies or transportation network company drivers are not motor carriers as defined in the Motor Carrier Act nor do they provide taxicab or for-hire service. A transportation network company driver's vehicle is not a commercial or for-hire vehicle and is not subject to registration as a commercial or for-hire motor vehicle.
SECTION 5. [NEW MATERIAL] TRANSPORTATION NETWORK COMPANY PERMIT.--
A. A person shall not operate a transportation network company in New Mexico without first having obtained a permit from the public regulation commission.
B. The public regulation commission shall issue a permit to each applicant that meets the requirements for a transportation network company as defined in the Transportation Network Company Services Act. The transportation network company shall pay an annual permit fee of five thousand dollars ($5,000) to the commission.
SECTION 6. [NEW MATERIAL] AGENT.--A transportation network company shall maintain an agent for services of process in New Mexico.
SECTION 7. [NEW MATERIAL] FARE CHARGED FOR SERVICES.--A transportation network company may charge a fare for the services provided to passengers; provided that the transportation network company shall disclose to passengers the fare calculation method on its web site or within the software application service. The transportation network company shall also provide passengers with the applicable rates being charged and the option to receive an estimated fare before the passenger enters the transportation network company's driver's vehicle.
SECTION 8. [NEW MATERIAL] IDENTIFICATION OF THE VEHICLES AND DRIVERS.--The transportation network company's web site or software application shall display a picture of the transportation network company driver and the license plate number of the motor vehicle used for providing the transportation network company service before the passenger enters the transportation network company driver's vehicle.
SECTION 9. [NEW MATERIAL] ELECTRONIC RECEIPT.--Within a reasonable period of time following the completion of a trip, a transportation network company shall transmit an electronic receipt to the passenger that lists:
A. the origin and destination of the trip;
B. the total time and distance of the trip; and
C. an itemization of the total fare paid, if any.
SECTION 10. [NEW MATERIAL] INSURANCE.--
A. After July 1, 2015, transportation network companies and transportation network company drivers shall comply with the Mandatory Financial Responsibility Act.
B. The following automobile liability insurance requirements shall apply during the time that a transportation network company driver is logged into the transportation network company's digital network and available to receive requests for transportation but is not providing transportation network company services:
(1) insurance that meets at least the minimum coverage requirements of Section 66-5-208 NMSA 1978; and
(2) insurance in the amounts required in Paragraph (1) of this subsection shall be maintained by a transportation network company and provide coverage in the event that a participating transportation network company driver's own automobile liability policy excludes coverage according to its policy terms or does not provide coverage of at least the limits required in Paragraph (1) of this subsection.
C. The following automobile liability insurance requirements shall apply while a transportation network company driver is providing transportation network company services:
(1) primary automobile liability insurance that recognizes the transportation driver's provision of transportation network company services;
(2) automobile liability insurance of at least one million dollars ($1,000,000) for death, personal injury and property damage; and
(3) either:
(a) automobile liability insurance maintained by the transportation network company driver; or
(b) automobile liability insurance maintained by the transportation network company.
SECTION 11. [NEW MATERIAL] TRANSPORTATION NETWORK COMPANY INSURANCE DISCLOSURE REQUIREMENTS.--A transportation network company shall disclose in writing to transportation network company drivers, before they are allowed to accept a request for services on the company's digital network, of the insurance coverage and limits of liability that the company provides while the driver uses a personal vehicle in connection with the company's digital network and that the driver's own insurance policy may not provide coverage while the driver uses a vehicle in connection with the company's digital network, depending on its terms.
SECTION 12. [NEW MATERIAL] ZERO TOLERANCE FOR DRUG OR ALCOHOL USE.--
A. The transportation network company shall implement a zero tolerance policy on the use of drugs or alcohol while a transportation network company driver is providing transportation network company services or is logged into the transportation network company's digital network but is not providing transportation network company services. The transportation network company shall provide notice of this policy on its web site as well as procedures to report a complaint about a driver with whom a passenger was matched and who the passenger reasonably suspects was under the influence of drugs or alcohol during the course of the trip.
B. Upon receipt of such passenger complaint alleging a violation of the zero tolerance policy, the transportation network company shall immediately suspend the transportation network company driver's access to the transportation network company's digital platform and shall conduct an investigation into the reported incident. The suspension shall last the duration of the investigation.
C. The transportation network company shall maintain records relevant to the enforcement of this requirement for a period of at least two years from the date that a passenger complaint is received by the transportation network company.
SECTION 13. [NEW MATERIAL] TRANSPORTATION NETWORK COMPANY DRIVER REQUIREMENTS.--
A. Prior to permitting an individual to act as a transportation network company driver on its digital platform, the transportation network company shall:
(1) require the individual to submit an application to the transportation network company, which includes information regarding the individual's address, age, driver's license, driving history, motor vehicle registration, automobile liability insurance and other information required by the transportation network company;
(2) conduct, or have a third party conduct, a local and national criminal background check for each applicant that shall include:
(a) a multistate, multi-jurisdiction criminal records locator or other similar commercial nationwide database with validation; and
(b) the national sex offender registry database; and
(3) obtain and review a driving history research report for such individual.
B. The transportation network company shall not permit an individual to act as a transportation network company driver on its digital platform who:
(1) has had more than three moving violations in the prior three-year period, or one major violation in the prior three-year period, including but not limited to attempting to evade the police, reckless driving or driving on a suspended or revoked license;
(2) has been convicted, within the past seven years, of driving under the influence of drugs or alcohol, or who has been convicted at any time of fraud, sexual offenses, use of a motor vehicle to commit a felony, a crime involving property damage or theft, acts of violence or acts of terror;
(3) is a match in the national sex offender registry database;
(4) does not possess a valid driver's license;
(5) does not possess proof of registration for the motor vehicle used to provide transportation network company services;
(6) does not possess proof of automobile liability insurance for the motor vehicle used to provide transportation network company services; or
(7) is not at least nineteen years of age. SECTION 14. [NEW MATERIAL] VEHICLE SAFETY AND EMISSIONS.--The transportation network company shall require that any motor vehicle that a transportation network company driver uses to provide transportation network company services meets New Mexico's vehicle equipment standards pursuant to the Motor Vehicle Code.
SECTION 15. [NEW MATERIAL] NO STREET HAILS.--A transportation network company driver shall exclusively accept rides booked through a transportation network company's digital network or software application service and shall not solicit or accept street hails.
SECTION 16. [NEW MATERIAL] NO CASH TIPS.--The transportation network company shall adopt a policy prohibiting solicitation or acceptance of cash payments from passengers and notify transportation network company drivers of such policy. Transportation network company drivers shall not solicit or accept cash payments from passengers. Any payment for transportation network company services shall be made only electronically using the transportation network company's digital network or software application.
SECTION 17. [NEW MATERIAL] NO DISCRIMINATION--ACCESSIBILITY.--
A. The transportation network company shall adopt a policy of nondiscrimination on the basis of race, color, national origin, religious belief or affiliation, sex, disability, age, sexual orientation or gender identity with respect to passengers and potential passengers. The transportation network company shall notify transportation network company drivers of such policy.
B. Transportation network company drivers shall comply with all applicable laws regarding nondiscrimination against passengers or potential passengers on the basis of destination, race, color, national origin, religious belief or affiliation, sex, disability, age, sexual orientation or gender identity.
C. Transportation network company drivers shall comply with all applicable laws relating to accommodation of service animals.
D. A transportation network company shall not impose additional charges for providing services to persons with physical disabilities because of those disabilities.
E. A transportation network company shall provide passengers an opportunity to indicate whether they require a wheelchair-accessible vehicle. If a transportation network company cannot arrange wheelchair-accessible transportation network company service in any instance, it shall direct the passenger to an alternate provider of wheelchair-accessible service, if available.
SECTION 18. [NEW MATERIAL] RECORDS.--A transportation network company shall maintain:
A. individual trip records for at least one year from the date each trip was provided; and
B. transportation network company driver records at least until the one-year anniversary of the date on which a transportation network company driver's activation on the transportation network company digital network has ended.
SECTION 19. [NEW MATERIAL] PERSONALLY IDENTIFIABLE INFORMATION.--A transportation network company shall not disclose a passenger's personally identifiable information to a third party unless:
A. the passenger consents;
B. disclosure is required by a legal obligation; or
C. disclosure is required to protect or defend the terms of use of the service or to investigate violations of those terms. In addition to the foregoing, a transportation network company shall be permitted to share a passenger's name or telephone number with the transportation network company driver providing transportation network company services to such passenger in order to facilitate correct identification of the passenger by the transportation network company driver or to facilitate communication between the passenger and the transportation network company driver.
SECTION 20. [NEW MATERIAL] CONTROLLING AUTHORITY.--Notwithstanding any other provision of law, transportation network companies and transportation network company drivers are governed exclusively by the Transportation Network Company Services Act and any rules or regulations promulgated by the public regulation commission consistent with that act. No municipality or other local entity may impose a tax on, or require a license for, a transportation network company or a transportation network company driver or subject a transportation network company to the municipality's or other local entity's rate, entry, operational or other requirements.
SECTION 21. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2015.
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