Sec. 13b-117. Registration of transportation network company. Penalty. Annual report.
Sec. 13b-117. Registration of transportation network company. Penalty. Annual report. (a) On and after January 1, 2018, each transportation network company shall register annually with the Commissioner of Transportation on a form prescribed by the commissioner. The registration form shall include: (1) The transportation network company's name, business address and telephone number; (2) if the company is registered in another state, the name, address and telephone number of the company's agent for service of process in this state; (3) the name, address and telephone number of a person at the company who will serve as the main contact person for the commissioner; and (4) information sufficient to demonstrate, to the commissioner's satisfaction, that the company is in compliance with the provisions of this section and sections 13b-118 to 13b-120, inclusive, and any regulations adopted pursuant to subsection (j) of section 13b-118. Each transportation network company seeking initial registration shall submit with its registration form filed under this section a nonrefundable registration fee as described in subsection (b) of this section. Each registration shall be for a period of one year and may be renewed annually upon receipt by the commissioner of a renewal registration form and accompanying nonrefundable registration fee as described in subsection (b) of this section. The registrant shall file amendments to the registration reporting to the commissioner any material changes in any information contained in the registration not later than thirty calendar days after the registrant knows or reasonably should know of the change.
(b) The initial registration fee and annual renewal fee shall be based on the number of transportation network company drivers with an active account on the transportation network company's digital network at the time of registration or renewal as follows: (1) Five thousand dollars for a transportation network company with less than fifty drivers, (2) ten thousand dollars for a transportation network company with fifty or more drivers, but not more than one hundred ninety-nine drivers, and (3) thirty thousand dollars for a transportation network company with two hundred or more transportation network company drivers.
(c) The commissioner may suspend, revoke or refuse to renew a registration issued pursuant to this subsection if the commissioner determines the transportation network company intentionally: (1) Misled, deceived or defrauded the public or the commissioner; (2) engaged in any untruthful or misleading advertising; (3) engaged in unfair or deceptive business practices; or (4) violated any provision of this section and sections 13b-118 to 13b-120, inclusive, or any regulations adopted pursuant to subsection (j) of section 13b-118. Prior to the suspension, revocation or nonrenewal of the registration, the transportation network company shall be given notice and an opportunity for a hearing. Such hearing shall be held in accordance with the provisions of chapter 54. Any transportation network company whose registration has been suspended may, after ninety days, apply to the commissioner to have such registration reinstated.
(d) Any transportation network company that operates in this state without a valid registration or when such registration has been suspended shall be fined not more than fifty thousand dollars.
(e) Not later than January 1, 2026, and annually thereafter, each transportation network company registered in the state shall submit a report to the Commissioner of Transportation, in a form and manner prescribed by the commissioner. Each such report shall use aggregate data from the preceding year and include the following information: (1) The average fare collected from transportation network company riders, (2) the total time transportation network company drivers spent providing prearranged rides, and (3) the total compensation paid to transportation network company drivers for the provision of prearranged rides.
(P.A. 17-140, S. 2; 17-203, S. 1; P.A. 25-65, S. 25.)
History: P.A. 17-140 effective January 1, 2018; P.A. 17-203 amended subsection (a) to decrease the registration fee from $50,000 to $5,000, effective January 1, 2018; P.A. 25-65 amended Subsec. (a) to replace provision re $5,000 registration and renewal fee with reference to new Subsec. (b), added new Subsec. (b) re initial registration fee and annual renewal fee, redesignated existing Subsecs. (b) and (c) as Subsecs. (c) and (d) and added Subsec. (e) re annual report to Commissioner of Transportation.
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Sec. 13b-118. Real-time messaging. Display of information and decal. Fares, weekly summary and dynamic pricing. Adoption of nondiscrimination policy. Retaliatory action prohibited. Records and audits. Limitations on hours of operation. Prohibition against using taxicab or motor vehicle in livery service as transportation network company vehicle. Regulations. (a)(1) A transportation network company shall provide for real-time messaging between the company and the transportation network company driver through the company's digital network when the driver is using the digital network. Such messaging shall be available in both English and Spanish.
(2) After a potential transportation network company rider submits a request for a prearranged ride, the transportation network company shall display to the rider through its digital network a picture of the transportation network company driver and the license plate number of the transportation network company vehicle that will be used to provide the prearranged ride before the rider enters such vehicle.
(3) A transportation network company driver shall display on a transportation network company vehicle a removable decal at all times when the driver is connected to a digital network or is engaged in the provision of a prearranged ride. Such decal shall be: (A) Issued by the transportation network company; (B) sufficiently large so as to be readable during daylight hours at a distance of at least fifty feet; (C) reflective, illuminated or otherwise visible in darkness; and (D) displayed on the passenger side of the transportation network company vehicle if such decal is illuminated.
(b) (1) A transportation network company may charge a fare to a transportation network company rider for a prearranged ride provided the company discloses such fare to the rider through its digital network: (A) The fare or fare calculation method; (B) the applicable rates being charged; and (C) an option to receive an estimated fare before a prearranged ride.
(2) Within a reasonable period of time following the completion of a prearranged ride, a transportation network company shall transmit an electronic receipt to the transportation network company rider on behalf of the transportation network company driver that includes: (A) The 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.
(3) A transportation network company shall provide, through its digital network, a weekly summary to each transportation network company driver regarding the prearranged rides completed by such driver during the previous week. Such summary shall include, but need not be limited to: (A) The total amount of fares collected from transportation network company riders for the provision of such prearranged rides; (B) the total amount earned by such transportation network company driver; and (C) the percentage earned by such transportation network company driver.
(4) No transportation network company driver shall solicit or accept cash payments for fares from transportation network company riders. Any payment for a prearranged ride shall be made only through the transportation network company's digital network.
(5) (A) For the purposes of this subdivision, “dynamic pricing” means offering a prearranged ride at a price that changes according to the demand for prearranged rides and availability of transportation network company drivers.
(B) If a transportation network company elects to implement dynamic pricing, the transportation network company, through its digital network, shall: (i) Provide notice to a potential transportation network company rider that dynamic pricing is in effect before a request for a prearranged ride may be submitted; (ii) provide a fare estimator that enables the potential rider to estimate the cost of such prearranged ride under dynamic pricing; and (iii) include a feature that requires the potential rider to confirm that he or she understands that dynamic pricing will be applied to the cost of such prearranged ride.
(C) No transportation network company shall increase the price of a prearranged ride to more than two and one-half times the usual price charged for such prearranged ride in an area which is the subject of any disaster emergency declaration issued by the Governor pursuant to chapter 517, any transportation emergency declaration issued by the Governor pursuant to section 3-6b or any major disaster or emergency declaration issued by the President of the United States.
(c) (1) A transportation network company shall adopt a policy of nondiscrimination on the basis of the age, color, creed, destination, intellectual or physical disability, national origin, race, sex, sexual orientation or gender identity with respect to transportation network company riders, potential transportation network company riders and transportation network company drivers. A transportation network company shall notify all drivers who use the company's digital network of such policy.
(2) No transportation network company may take or threaten to take any retaliatory action, including suspending or banning access to its digital network, against a transportation network company driver solely because such driver filed a complaint with such company.
(d) A transportation network company shall provide a potential transportation network company rider with an opportunity to indicate whether such rider requires a transportation network company vehicle that is accessible by wheelchair. If a transportation network company cannot arrange for a wheelchair-accessible transportation network company vehicle to provide a prearranged ride, the company shall direct the potential transportation network company rider to an alternate provider of wheelchair-accessible transportation, if available.
(e) (1) A transportation network company shall maintain: (A) The record of each prearranged ride for a period of not less than three years from the date the prearranged ride was provided; (B) records regarding each transportation network company driver for a period of not less than three years from the date on which the transportation network company driver last connected to the company's digital network; and (C) records regarding each transportation network company vehicle for a period of not less than three years from the date on which the transportation network company vehicle was last used to provide a prearranged ride.
(2) The Commissioner of Transportation or the commissioner's designee, upon reasonable written notice and not more than four times a year, may audit the records maintained by a transportation network company pursuant to subdivision (1) of this subsection and subdivision (3) of subsection (d) of section 13b-119. Each such audit shall occur at a transportation network company's place of business or at a location in this state jointly selected by the commissioner or the commissioner's designee and the transportation network company. The commissioner or the commissioner's designee shall not require a transportation network company to disclose information that identifies or would tend to identify any transportation network company driver or transportation network company rider, unless the identity of the driver or rider is needed to resolve a complaint or investigate an audit finding to ensure compliance with any provision of the general statutes and any regulations adopted pursuant to subsection (j) of this section.
(3) Any records obtained during an audit pursuant to subdivision (2) of this subsection shall be confidential and not subject to disclosure under the Freedom of Information Act, as defined in section 1-200, except that the Commissioner of Transportation may disclose such records: (A) To law enforcement for law enforcement purposes, provided such disclosure is made in cooperation with the transportation network company, (B) to any state or federal agency for any action undertaken by the commissioner to enforce the provisions of this section or any regulation adopted pursuant to subsection (j) of this section, (C) at the request of any state or federal agency conducting an audit or investigation pursuant to such agency's legal authority, provided the commissioner gives the transportation network company an opportunity to object and propose an alternative method of cooperation with such disclosure, or (D) pursuant to a court order. If the commissioner discloses such records pursuant to this subdivision, the commissioner shall (i) provide written notice to the transportation network company prior to disclosing such company's records, and (ii) redact any information that is not required to be disclosed pursuant to subsection (b) of section 1-210, including, but not limited to, any trade secret or commercial or financial information described in subdivision (5) of said subsection, unless such disclosure is expressly required under subparagraph (A), (B), (C) or (D) of this subdivision.
(f) A transportation network company shall not disclose any transportation network company rider's personally identifiable information, except pursuant to the publicly disclosed terms of the company's privacy policy, if any. For any disclosure not governed by a transportation network company's privacy policy, the company must obtain a transportation network company rider's consent before the company may disclose the rider's personally identifiable information.
(g) No transportation network company driver shall use a digital network or provide prearranged rides for more than: (1) Fourteen consecutive hours; or (2) sixteen hours within a twenty-four-hour period.
(h) The Commissioner of Motor Vehicles shall not require a transportation network company driver to: (1) Obtain a commercial driver's license or commercial learner's permit pursuant to section 14-44c; or (2) register the driver's transportation network company vehicle as a commercial vehicle.
(i) (1) For the purposes of this subsection, “certificate or permit holder” means any person, association, limited liability company or corporation that holds a certificate of public convenience and necessity to operate a taxicab, as described in section 13b-97 or holds a permit to operate a motor vehicle in livery service, as described in section 13b-103.
(2) In no event may a certificate or permit holder use or allow to be used a motor vehicle operated as a taxicab or motor vehicle in livery service to also be used or operated as a transportation network company vehicle.
(j) The Commissioner of Transportation may adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section.
(P.A. 17-140, S. 3; P.A. 19-161, S. 11; P.A. 24-20, S. 14; P.A. 25-65, S. 26.)
History: P.A. 19-161 added Subsec. (a)(2)(D) re display of illuminated decal; P.A. 24-20 amended Subsec. (h) by replacing reference to commercial driver's instruction permit with reference to commercial learner's permit; P.A. 25-65 amended Subsec. (a) by adding new Subdiv. (1) re real-time messaging between company and driver and redesignating existing Subdivs. (1) and (2) as Subdivs. (2) and (3), amended Subsec. (b) by adding new Subdiv. (3) re weekly summary of prearranged rides and redesignating existing Subdivs. (3) and (4) as Subdivs. (4) and (5), amended Subsec. (c) by designating existing provision re nondiscrimination policy as Subdiv. (1) and adding Subdiv. (2) re prohibiting retaliatory action, amended Subsec. (e)(3) by replacing reference to Subdiv. (3) with reference to Subdiv. (2) and made a technical change.
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Sec. 13b-119. Transportation network company driver requirements. Adoption of policies re drugs and alcohol and illness and fatigue. Operation as transportation network company driver without authority; penalty. Certification re condition of transportation network company vehicle. (a) Prior to permitting an individual to act as a transportation network company driver on its digital network, the transportation network company shall:
(1) Require the individual to submit an application to the company that includes information regarding the individual's name, address, date of birth, motor vehicle operator's license number and motor vehicle registration;
(2) (A) Conduct, or have a consumer reporting agency regulated under the federal Fair Credit Reporting Act conduct, a driving record check and a local, state and national criminal history records check, including a search of state and national sexual offender registry databases provided such databases are accessible to the public, or (B) arrange for the fingerprinting of the individual to be submitted to the Federal Bureau of Investigation for a national criminal history records check and to the State Police Bureau of Identification for a state criminal history records check conducted in accordance with section 29-17a;
(3) Disclose to such individual, electronically or in writing, (A) the insurance coverage, including the types of coverage and any coverage limits, that the company provides while a transportation network company driver is connected to the company's digital network or is engaged in the provision of a prearranged ride, and (B) that a transportation network company driver's personal automobile insurance policy might not provide coverage while such driver is connected to the company's digital network, available to receive a request for a prearranged ride or engaged in the provision of a prearranged ride; and
(4) Inform such individual, electronically or in writing, (A) that such individual may enroll in the Paid Family and Medical Leave Insurance Program pursuant to section 31-49m and obtain information about such program from the Paid Family and Medical Leave Insurance Authority established in section 31-49f, (B) of the requirements to become qualified to provide prearranged rides that originate in a neighboring state, and (C) of the transportation network company's deactivation process for transportation network company drivers. For the purposes of this subdivision, “deactivation process” means procedures a transportation network company undertakes to materially restrict a transportation network company driver's access to the digital network, including blocking access to the digital network, suspending a driver from the digital network or changing a driver's status on the digital network from eligible to provide prearranged rides to ineligible to provide prearranged rides.
(b) A transportation network company shall conduct, or have a consumer reporting agency regulated under the federal Fair Credit Reporting Act conduct, a local, state and national criminal history records check, including a search of state and national sexual offender registry databases, or arrange for the fingerprinting of the individual to be submitted to the Federal Bureau of Investigation for a national criminal history records check and to the State Police Bureau of Identification for a state criminal history records check conducted in accordance with section 29-17a, at least once every three years after permitting an individual to act as a transportation network company driver.
(c) (1) No transportation network company shall permit an individual to act as a transportation network company driver on its digital network if such individual: (A) Has, during the three years prior to the date of such individual's application to be a transportation network company driver, (i) committed more than three moving violations, as defined in section 14-111g, (ii) committed one serious traffic violation, as defined in section 14-1, or (iii) had his or her motor vehicle operator's license suspended pursuant to section 14-227b; (B) has been convicted, within seven years prior to the date of such individual's application, of driving under the influence of drugs or alcohol, fraud, sexual offenses, use of a motor vehicle to commit a felony, acts of violence or acts of terror; (C) is included in the state sexual offenders registry or the United States Department of Justice National Sex Offender Public Website; (D) does not possess a Connecticut motor vehicle operator's license or a motor vehicle operator's license issued by a reciprocal state; (E) does not possess proof of registration for each motor vehicle such individual proposes to use as a transportation network company vehicle; or (F) is not at least nineteen years of age. For the purposes of this subsection, “reciprocal state” means a state that permits transportation network company drivers who possess a Connecticut motor vehicle operator's license to provide a prearranged ride that originates in such state.
(2) An individual who is permitted to act as a transportation network company driver shall report to the transportation network company not later than twenty-four hours after the occurrence of any of the following: (A) The commission of a fourth moving violation, as defined in section 14-111g, during the past three years; (B) the commission of one serious traffic violation, as defined in section 14-1; (C) the suspension of his or her motor vehicle operator's license pursuant to section 14-227b; (D) the conviction of driving under the influence of drugs or alcohol, fraud, sexual offenses, use of a motor vehicle to commit a felony, acts of violence or acts of terror; (E) inclusion in the state sexual offenders registry or the United States Department of Justice National Sex Offender Public Website; (F) failure to possess an operator's license; or (G) failure to possess proof of registration for a transportation network company vehicle. Each transportation network company that receives a report pursuant to this subdivision or becomes aware of such occurrence shall prohibit the individual from acting as a transportation network company driver on the company's digital network until the individual meets the qualifications of this section to be a transportation network company driver.
(d) (1) A transportation network company shall adopt a policy that a transportation network company driver shall not use or be under the influence of drugs or alcohol while the driver is connected to the company's digital network or engaged in the provision of a prearranged ride. The company shall provide notice of such policy on its Internet web site, and include procedures for a transportation network company rider to report a complaint about a driver whom the rider reasonably suspects was using or under the influence of drugs or alcohol while engaged in the provision of a prearranged ride.
(2) Upon the company's receipt of a complaint by a rider alleging a violation of such policy, the company shall suspend the driver's access to the company's digital network as soon as possible and conduct an investigation into the reported incident. The suspension shall last until completion of the investigation. If the investigation confirms the driver used or was under the influence of drugs or alcohol while engaged in the provision of a prearranged ride or while connected to the company's digital network, the company shall ban the driver's access to the digital network on a permanent basis.
(3) The company shall maintain all records related to the enforcement of such policy for a period of not less than three years from the date that a complaint by a rider is received by the company.
(e) A transportation network company shall adopt a policy that prohibits a transportation network company driver from providing a prearranged ride when such driver's ability to operate a transportation network company motor vehicle is impaired by illness, fatigue or any other condition that would likely preclude safe operation of such vehicle.
(f) A transportation network company driver shall: (1) Comply with all applicable laws regarding nondiscrimination against transportation network company riders or potential transportation network company riders on the basis of age, color, creed, destination, intellectual or physical disability, national origin, race, sex, sexual orientation or gender identity; (2) comply with all applicable laws relating to the accommodation of service animals and accommodate service animals without imposing additional charges for such accommodation; (3) comply with the policies adopted by the transportation network company pursuant to subdivision (1) of subsection (c) of section 13b-118 and subsections (d) and (e) of this section; (4) not impose additional charges for providing prearranged rides to persons with physical disabilities because of such disabilities; and (5) not solicit or accept a request for transportation unless the request is accepted through the transportation network company's digital network. For the purposes of this subsection, “service animal” has the same meaning as provided in section 22-345.
(g) (1) Any person who holds himself or herself out to be a transportation network company driver who is not permitted by a transportation network company to use its digital network shall be guilty of a class B misdemeanor.
(2) The state shall remit to a municipality fifty per cent of the fine amount received for a violation of subdivision (1) of this subsection with respect to each summons issued by such municipality. Each clerk of the Superior Court or the Chief Court Administrator, or any other official of the Superior Court designated by the Chief Court Administrator, shall, on or before the thirtieth day of January, April, July and October in each year, certify to the Comptroller the amount due for the previous quarter under this subsection to each municipality served by the office of the clerk or official.
(h) (1) A transportation network company vehicle shall (A) have four doors; (B) not be older than twelve model years old; and (C) be designed to transport no more than eight passengers, including the driver.
(2) Before any motor vehicle is used by a transportation network company driver as a transportation network company vehicle, and every two years thereafter, the driver shall certify to the transportation network company that the following equipment is in good working order: (A) Foot brakes; (B) emergency brakes; (C) steering mechanism; (D) windshield; (E) rear window and other glass; (F) windshield wipers; (G) headlights; (H) tail lights; (I) turn indicator lights; (J) brake lights; (K) front seat adjustment mechanism; (L) doors; (M) horn; (N) speedometer; (O) bumpers; (P) muffler and exhaust system; (Q) condition of tires, including tread depth; (R) interior and exterior rearview mirrors; and (S) seat safety belts and air bags for driver and passengers. The transportation network company shall maintain such certification for not less than three years.
(P.A. 17-140, S. 4; P.A. 19-161, S. 3; P.A. 24-18, S. 3; P.A. 25-65, S. 27.)
History: P.A. 17-140 effective January 1, 2018; P.A. 19-161 amended Subsec. (c)(1)(D) to add provision re motor vehicle operator's license issued by reciprocal state, amended Subsec. (c) by defining “reciprocal state” and made a conforming change; P.A. 24-18 amended Subsec. (f) by defining “service animal”, effective July 1, 2024; P.A. 25-65 amended Subsec. (a) by adding Subdiv. (4) re provision of information re enrollment in Paid Family and Medical Leave Insurance Program, becoming qualified to provide prearranged rides that originate in neighboring state and company's deactivation process, amended Subsec. (c)(2) by replacing “incident” with “occurrence”, amended Subsec. (f) by replacing reference to Sec. 13b-118(c) with reference to Sec. 13b-118(c)(1) and made technical and conforming changes.
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