HOUSE DOCKET, NO. 4050 FILED ON: 7/20/2015
HOUSE . . . . . . . . . . . . . . . No. 3702
The Commonwealth of Massachusetts
Michael J. Moran and Linda Dorcena Forry
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to passenger safety.
Michael J. Moran
Linda Dorcena Forry
HOUSE DOCKET, NO. 4050 FILED ON: 7/20/2015
HOUSE . . . . . . . . . . . . . . . No. 3702
By Representative Moran of Boston and Senator Forry, a joint petition (subject to Joint Rule 12) of Michael J. Moran and Linda Dorcena Forry relative to further regulating transportation network livery companies and drivers providing prearranged for-hire ride services for compensation using mobile applications to connect passengers with drivers. Financial Services.
The Commonwealth of Massachusetts
In the One Hundred and Eighty-Ninth General Court
An Act relative to passenger safety.
Whereas, The deferred operation of this act would tend to defeat its purpose, which is to forthwith establish a framework to oversee transportation network companies that establishes safety and consumer protections, a framework which is immediately needed for public safety and marketplace fairness, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Subsection (a) of section 172 of chapter 6 of the General Laws, as amended by section 3 of chapter 10 of the acts of 2015, is hereby amended by inserting after clause (32) the following clauses:
(33) A municipal licensing authority with jurisdiction over livery licensure shall have access to all available criminal offender record information to determine the suitability of any applicant for livery licensure.
(34)The department of public utilities shall have access to all available criminal offender record information to determine the suitability of an applicant for a motor bus driver certificate pursuant to section 9 of chapter 159A or to determine the suitability of an applicant to become a transportation network driver pursuant to section 11G of chapter 159A.
SECTION 2. Chapter 25 of the General Laws is hereby amended by inserting after section 18A the following section:–
SECTION 18B. The department may make an assessment against each transportation network company under the jurisdiction of the department pursuant this act. Each transportation network company shall, annually, report by March 31 its intrastate operating revenues for the previous calendar year to the department. Any assessment shall be apportioned according to each transportation network company’s intrastate operating revenues as shall be determined and certified annually by the department as sufficient to reimburse the Commonwealth for funds expended for the oversight of transportation network companies. If a transportation network company fails to report its intrastate operating revenues to the department, the department shall be permitted to estimate the company’s intrastate operating revenues for purposes of apportioning the assessment or, at the discretion of the department, constitute cause to suspend or revoke a transportation network company’s permit.
Each transportation network company shall pay the amount assessed against it within 30 days after receipt of the notice of assessment from the department. The failure to pay the amount assessed within that timeline may, at the discretion of the department, constitute cause to suspend or revoke a transportation network company’s permit pursuant to section 11F of chapter 159A.
Any funds unexpended in any fiscal year for the purpose for which such assessments were made shall be credited against the assessment to be made the following fiscal year and the assessment in the following fiscal year shall be reduced by any such unexpended amount.
SECTION 3. Chapter 159A of the General Laws is hereby amended by inserting after the section 11B the following:
Section 11C. The following words and phrases used in this section through section 11V of this chapter shall have the following meanings, unless the context clearly requires otherwise:
“emergency condition,” a change in the market regulated under this act, whether actual or imminently threatened, resulting from weather, convulsion of nature, failure or shortage of electric power or other source of energy, strike, civil disorder, war, military action, act of terrorism, national or local emergency or other cause of decreased capacity in the market which results in the declaration of a state of emergency by the governor.
“cruising,” is the driving of a vehicle on the streets, alleys or public places of motorized travel within the Commonwealth in search of or soliciting prospective passengers or riders. Cruising shall be prohibited by transportation network companies, vehicles and drivers.
“department,” the department of public utilities.
“hackney” or “hackney licensee” shall have the meaning set forth by the appropriate municipal agent or officer provided with authority by a general or special law of the Commonwealth.
“livery operator” shall have the meaning set forth by the appropriate municipal agent or officer provided with authority by a general or special law of the Commonwealth.
“mobile application,” any third party native application installed on a mobile device, including devices such as smartphones, tablets, iPods or iPads used to arrange or coordinate a transportation network company’s service.
“passenger manifest,” a driver produced recording of a trip detailing, at a minimum: (1) the date and time of the mobile application request, (2) the passenger pick-up location, (3) the fare to be charged or method of calculation to be used, which must be consistent with the fare prearranged in advance and/or applicable law, and (4) the passenger drop-off location. The Passenger Manifest must be maintained for a period of at least one (1) calendar year.
“prearranged ride,” a period of time that begins when a transportation network driver accepts a requested ride through a mobile application, and continues while said driver transports the transportation network company rider, and ends when said rider departs from the vehicle.
“taxi” is a vehicle used or designed to be used for the conveyance of persons for hire from place to place within the Commonwealth, except a street or
elevated railway car or a trackless trolley vehicle, within the meaning of Massachusetts General Laws chapter 163 section 2, or a motor vehicle, known as
a jitney, operated in the manner and for the purposes set forth in Massachusetts General Laws chapter 159 A, or a sight-seeing automobile licensed under Chapter
399 of the Acts of 1931. Also known as a taxicab or hackney carriage.
“transportation network company,” an entity, including, but not limited to, a corporation, limited liability company, limited liability partnership, sole proprietor, or any other entity, operating in the Commonwealth that provides prearranged for-hire ride services for compensation using a mobile application to connect passengers with drivers using a vehicle authorized by the appropriate authorities.
“transportation network company permit” or “permit,” a document that may be issued by the department to a qualifying transportation network company under this chapter, effective for a period of two years.
“transportation network driver” or “driver” any licensed driver in the Commonwealth who uses a vehicle in connection with compensation from a transportation network company.
“transportation network driver certificate” or “certificate” is documentation issued by the department or its designated state or municipal agency or office pursuant to this chapter, effective for a period of one year. Notwithstanding the provisions of Chapter 90 of the General Laws or any other general or special law to the contrary, unless otherwise exempted, no person shall engage in the business of a transportation network company on any highway within the Commonwealth on an intrastate basis unless such person has secured from the department documentation authorizing such business.
“transportation network rider” or “rider,” a passenger in a pre-arranged ride provided by a transportation network driver, provided that the passenger personally arranged the ride or an arrangement was made on the passenger’s behalf.
“transportation network services” or “services,” the offering or providing of pre-arranged rides for compensation or on a promotional basis to riders or prospective riders through the transportation network company’s mobile application, covering the period beginning when a transportation network driver is logged onto the transportation network company’s mobile application and is available to receive a prearranged ride or while in the course of providing a prearranged ride.
“vehicle,” a vehicle owned or leased by a driver for operation in connection with compensation from a transportation network company. No transportation network company may dispatch limousines, executive sedans, and/or taxicabs without holding applicable authorizations from the appropriate municipal authority or officer authorized by the general court to do so. Further, every vehicle shall be a livery vehicle in accordance with chapter 90 of the general laws, airport and authority regulations, and regulations of the registry of motor vehicles. Further, a transportation network company shall assign a driver to only one vehicle and shall only authorize a driver to transport passengers in said vehicle. Provided, further, a vehicle shall be registered as a livery vehicle in Massachusetts with seating capacity of no more than eight persons, including the driver. A vehicle shall not have been issued a certificate of title, either in the Commonwealth or any other state, classifying the vehicle as salvage, non-repairable, rebuilt, or any equivalent classification. A vehicle shall be covered under a commercial insurance policy as a livery vehicle meeting the requirements of this chapter, as applicable, and be registered with the department for use as a vehicle and display an identification marker issued by the department under this chapter. A vehicle authorized to be operated by a driver under this chapter shall not be more than 5 model years of age.
Section 11D. The department shall have general oversight of all transportation network companies and the manner in which transportation network services are provided with reference to the safety and convenience of the public, as expressly set forth in this chapter. Notwithstanding any other provision of general or session law, transportation network companies are not subject to the department’s rate or common carrier requirements, other than those expressly set forth in this chapter. Except as otherwise provided in the general laws, every transportation network company, driver, and vehicle shall be subject to the oversight of the department; further, statutes and regulations of the department promulgated under this chapter shall be enforced by the department and all other law-enforcement agents and officers with appropriate jurisdiction.
(a)No transportation network company shall operate in the Commonwealth without a permit issued to it by the department.
(b)No driver shall provide services unless, said driver: (i) is affiliated with a transportation network company that holds a permit issued by the department; (ii) has been authorized to provide transportation network services by the department; (iii) holds a current and valid certificate identifying him as a transportation network driver; (iv) uses a vehicle that is listed on the driver certificate and displays the recognizable, vehicle markings required by the department; and (v) carries the proof of insurance required by this chapter.
(c)A driver shall carry at all times, while operating a vehicle, proof of coverage under each in-force primary commercial insurance policy established in accordance with this chapter, which shall also be displayed as part of the mobile application. The transportation network company shall require proof of the driver's compliance with this requirement.
At minimum, and subject to such other requirements as the department may establish by regulation, no application for a permit may be granted unless the department determines that the rendering of a transportation network company’s services by the applicant is consistent with the public interest; and, that the transportation network company attests each respective driver being fit, responsible, willing and able to perform such services. Further, each applicant for a permit must meet the insurance requirements set forth in this chapter; and, a transportation network company shall not allow the provision of services by any driver who has not been determined to be suitable to provide transportation network services through the process set forth in this chapter.
The transportation network company shall submit a verification setting forth, in detail, its protocols for complying with the background check requirements under this chapter.
Each vehicle used to provide transportation network services shall be inspected yearly through a process approved by the department.
(a)A driver who applies for a transportation network company certificate shall, at minimum, and be subject to the following and such other requirements as the department may establish: the transportation network company shall conduct a background check of each applicant. Further, before hiring an individual to act as a driver, a transportation network company shall confirm that the person is at least 21 years of age and possesses a valid driver's license; and, as part of the department’s certification and approval of the background check process of a transportation network company, a drivers and vehicles, the department, in conjunction with the department of public safety and the office of criminal justice information, prior to authorizing an individual to act as a driver, and at least once every year after authorizing an individual to act as a driver, shall obtain a national criminal history records check of that person. Such criminal history records check shall be conducted by an authorized agent within the department of public safety. Background checks shall include (i) a multi-state/multi-Jurisdiction criminal records database Search or a search of a similar nationwide database with primary source search validation and (ii) a search of the sex offender registry and criminal offender records information (CORI) database and the U.S. department of justice's national sex offender public website (iii) shall conduct fingerprint-based checks of the state and national criminal history databases, as authorized by 28 CFR 20.33 and public law 92-544. The fingerprint-based checks shall be conducted on any applicant seeking to be a transportation network company driver. The department may receive all criminal offender record information and the results of checks of state and national criminal history databases under said Public Law 92-544. When the department obtains information from state and national criminal history databases, it shall treat the information in accordance with sections 167 to 178, inclusive, of chapter 6 and the regulations thereunder regarding criminal offender record information.
Fingerprints shall be submitted to the identification section of the department of state police for a state criminal history check and forwarded to the federal bureau of investigation for a national criminal history check, according to the policies and procedures established by the state identification section and by the department of criminal justice information services. Fingerprint submissions may be retained by the federal bureau of investigation, the state identification section and the department of criminal justice information services to assist the department in its review of suitability for initial or continued employment, licensure, certification or approval. The department of criminal justice information services may disseminate the results of a state and national criminal history check to the department to determine the suitability of an applicant that is consistent with the provisions of this section. The department shall promulgate rules and regulations for the recovery of cost associated with this program from the transportation network company.
(b)Before authorizing an individual to act as a driver, and at least once each year thereafter after authorizing an individual to act as a driver, a transportation network company shall obtain and review a driving history research report of a driver. Further, before authorizing an individual to act as a driver, and at least once every year thereafter authorizing a person to act as a driver, a transportation network company shall verify that the person is not listed in the Massachusetts CORI database, on the sex offender registry or on the U.S. department of justice's national sex offender public website. A transportation network company shall not authorize an individual to act as a driver if the criminal history records check reveals that the individual: (a) Is a person for whom registration with the sex offender registry is required pursuant to chapter 6, section 178L through 178P and chapter 123A or is listed on the U.S. department of justice's national sex offender public website; (b) has ever been convicted of or has ever pled guilty or nolo contendere to a felony offense in accordance with the laws of the Commonwealth or a substantially similar law of another state or of the United States; (c) within the preceding seven years has been convicted of or has pled guilty or nolo contendere to any offenses, either under the law of the Commonwealth or a substantially similar law of another state or of the United States resulting in revocation of a driver's license, or (d) within the preceding three years has been convicted of or has pled guilty or nolo contendere to any of the following offenses, either under the laws of the Commonwealth or a substantially similar law of another state or of the United States: (i) three or more moving violations, (ii) failure to stop for a law-enforcement officer, (iii) reckless driving, or (iv) refusing to submit to a chemical test to determine the alcohol or drug content of the person's blood or breath.
If the department does not act upon an application within 45 days of receipt, and upon notifying the department and satisfying the customary fee, a transportation network company may provisionally allow an applicant to provide the transportation network company’s services, provided that the transportation network company has determined that the applicant meets the department’s requirements and that all of the other requirements of Section 11E(b) are satisfied. If the department subsequently notifies denies the applicant’s certificate the transportation network company shall immediately prohibit the driver from providing transportation network services.
As a condition of employment, a driver shall submit to a random and reasonable suspicion 5 panel drug testing program in accordance with the applicable rules, regulations and policies established and implemented by the department of transportation.
A driver shall inform each transportation network company that has authorized the driver to act as a driver of any event that may disqualify him from continuing to act as a driver, including any of the following: a change in the registration status of the vehicle; the revocation, suspension, cancellation, or restriction of the driver's license to operate a motor vehicle; a change in the insurance coverage of the vehicle; a motor vehicle moving violation in any jurisdiction; or, a criminal arrest, plea, or conviction.
(c)The requirements set forth in subsection (b) shall apply to each renewal of a transportation network company permit and certificate.
(d)A transportation company shall provide to the department a register of each driver authorized by it to be a transportation network driver, and shall update said register each calendar month. The department shall make this register available to the registry of motor vehicles and state and local law enforcement. Failure to comply for three consecutive months shall result in revocation of the transportation network company’s authority to operate in the Commonwealth.
(e)The department shall approve the form of a transportation network driver certificate; provided, however, that each such certificate shall contain the name, address, and picture of the driver, and the license plate number of the vehicle used by him to provide transportation network services.
(f)For each transportation network company driver vehicle it authorizes, a transportation network company shall issue vehicle markings to the driver associated with that vehicle. The vehicle markings shall be sufficient to identify the transportation network company or mobile application with which the vehicle is affiliated and shall be displayed in a manner that complies with the laws of the Commonwealth. The vehicle markings shall be of such size, shape, and color as to be readily identifiable during daylight hours from a distance of 75 feet while the vehicle is not in motion and shall be reflective, illuminated, or otherwise patently visible at all times. The vehicle markings may take the form of a removable vehicle marking that meets the identification and visibility requirements of this section. The transportation network company shall submit to the appropriate regulatory authority proof that the transportation network company has established the vehicle markings required under this subsection by filing with the Commonwealth an illustration or photograph of the vehicle markings. A transportation network company driver shall keep the vehicle markings visible at all times while the vehicle is being operated. Every driver must have a valid identification, photo and certificate placed in a position visible to the passenger in the vehicle.
Notwithstanding the provisions of Chapter 175 of the General Laws or any other special or general law to the contrary, every vehicle shall be registered and insured as a livery vehicle at all times and maintain commercial automobile insurance with a minimum of $1,000,000 in bodily injury coverage.
(A) Personal injury protection as defined in section 34A, and as prescribed by section 34M, of chapter 90 of the General Laws.
(B) Uninsured motorist coverage in accordance with section 113L(1) of chapter 175 of the General Laws in the amount of $100,000 per person and $300,000 per accident, and underinsured motorist coverage in accordance section 113L(2) of chapter 175 of the General Laws if the participating driver carries that coverage.
(C) Collision coverage as described in section 34O of chapter 90 of the General Laws and comprehensive coverage as described in section 113O of chapter 175 of the General Laws if the participating driver carries those coverages on their personal auto policy unless that insurer is providing transportation network company insurance to the driver.
Insurance policy coverage under this section shall not be dependent on a personal automobile insurance policy first denying a claim nor shall a personal automobile insurance policy be required to first deny a claim.
In every instance where the insurance maintained by a participating driver to fulfill the insurance obligations of this section has lapsed or ceased to exist, the transportation network company shall provide the coverage required by this section beginning with the first dollar of a claim.
In a claims coverage investigation, a transportation network company or its insurer shall cooperate with insurers that are involved in the claims coverage investigation to facilitate the exchange of information, including the provision of dates and times at which an accident occurred that involved a participating driver and the precise times that the participating driver logged on and off the transportation network company’s mobile application.
A driver shall carry proof of transportation network company insurance coverage with him or her at all times during his or her use of a vehicle in connection with a transportation network company’s mobile application. In the event of an accident, a participating driver shall provide this insurance coverage information to any other party involved in the accident, and to a police officer, upon request.
The transportation network company shall verify that the vehicle to be used by the driver to provide transportation network services has been registered in the Commonwealth and inspected pursuant to section 7 of chapter 90 and regulations promulgated thereunder at a facility licensed by the registry of motor vehicles.
A transportation network company shall make the following disclosures in writing to a driver or prospective driver: The primary commercial liability insurance coverage and limits of liability that the driver is required to maintain for himself and for the vehicle; the obligation of the driver to notify any holder of a lien on the vehicle that such vehicle is being used as a transportation network company designated vehicle, and the rules, regulations and requirements to be an authorized driver under this act. Said disclosures shall be provided to the driver in an easy to understand presentation and the driver must acknowledge, in writing under the pains and penalties of perjury, that he or she has reviewed the disclosures, understands the disclosures and will comply with all rules, regulations and requirements contained therein and herein.
(a)The department may, following notice and a hearing, suspend or revoke a transportation network company permit at its discretion. Further, the department may order a transportation network company to suspend or revoke the authorization of a driver to operate a vehicle.
(b)A transportation network company must immediately report to the department a driver’s arrest for any crime or a citation for a driving infraction. Failure of the company to do so within three days of it having knowledge of such a driver crime or infraction shall result in discipline by the department, including but not limited to revocation of the transportation network company’s and/or drivers authorization to operate in the Commonwealth.
(a)Whenever the department determines that any transportation network company is in violation of any provision of this chapter or any regulation or rule promulgated hereunder, the department may impose a monetary penalty, suspend or revoke a permit, or take such other action as the department deems necessary. In determining the amount of the penalty, the department shall consider the size of the transportation network company, the gravity of the violation, the good faith, if any, of the transportation network company in attempting to achieve compliance and remedying non-compliance, and any previous violations.
(b)Any driver providing transportation network services who is not in compliance with clause (b) of section 11E has committed a civil motor vehicle infraction as that term is used in section 1 of chapter 90C; may be issued a civil citation by state or local law enforcement; and, if so cited, shall be subject to a fine of not less than 750 dollars.
The department shall recommend and the secretary of administration and finance shall establish, pursuant to section 3B of chapter 7, the cost associated with undertaking a determination under section 11G, which cost may be payable by the applicant or the transportation network company.
Within 90 days of enactment of this chapter, the department shall establish regulations, rules, and orders to effectuate this chapter; provided that the department shall consult with the division of insurance in the development of any regulations related to insurance coverage; provided further that the department shall consult with the executive office of public safety and security, municipalities as identified by the department, in the development of any regulations related to this chapter.
(a)For enforcement actions under this chapter, the department shall prescribe records to be maintained by transportation network companies, including, but not limited to, records pertaining to service accessibility and pricing. Each transportation network company or any applicant for a transportation network company permit shall furnish all information and documents related to the condition, management, and operation of the company upon the department’s request; provided, however, that any such request must be reasonably related to the requirement set forth in this chapter and any regulations promulgated thereunder.
(b)Any record furnished to the department may exclude information that would tend to identify specific passengers, unless such information is pertinent to the enforcement processes established in this chapter.
(c)Unless already disclosed to the public by lawful means, any record furnished to the department or any other state agency by a transportation network company pursuant to this chapter, including but not limited to the register of authorized transportation network drivers shall not be considered a public record as that term is used in clause 26 of section 7 of chapter 4 or chapter 66; provided, however, that an application for a permit shall be a public record; provided further, that any such application may be withheld from disclosure, in whole or in part, for reasons set forth in clause 26 of section 7 of chapter 4 or chapter 66.
A transportation network company and a driver shall only provide services by prearranged ride using a mobile application, without exception. No driver shall transport a passenger unless a transportation network company has matched the driver to that passenger through a prearranged ride using a mobile application. A driver shall not solicit, accept, arrange, or provide transportation in any other manner, including street hails, cruising, or street solicitations. Any driver found to be in violation of this prohibition shall be fined no less than $1,500.00. Any driver found to have violated the provisions of this section on more than 2 occasions shall have his or her vehicle impounded for a period of 72 hours by the relevant law enforcement agency and shall be suspended from operating as a driver for a period of no less than one year.
A transportation network company shall authorize collection of fares for transporting passengers solely through a mobile application. A driver shall not accept payment of fares directly from a rider, passenger, or any other person. Any driver found to be in violation of this prohibition shall be fined $10,000.00 and said vehicle shall be impounded by the relevant law enforcement agency for 72 hours. Further, the department shall revoke any driver’s authorization to operate under this chapter who has been found to be in violation of this section for no less than one year.
A transportation network company shall publish the following information on its public website and associated mobile application: The method used to calculate fares or the applicable rates being charged and an option to receive an estimated fare; information about its driver screening criteria, including a description of causes for disqualification as an authorized driver; the means for a passenger or other person to report unlawful, unsafe, or discourteous operation of a vehicle; information about the driver training and testing requirements; information about the department’s standards for drivers and vehicles; and, a toll free passenger support telephone number and an easily remembered email address for reporting a complaint, including contact information for the attorney general, department, and state and local law enforcement. Further, free of charge, a transportation network company shall maintain a live customer service representative who can be contacted via the internet or telephone 24 hours per day and seven days per week.
A transportation network company and its driver shall, at all times, make the following information available through its mobile application upon request of the department, law-enforcement, and airport agents: the name of the transportation network company, driver permit, license plate number of the vehicle, and a passenger manifest.
Upon completion of a prearranged ride, a transportation network company shall transmit to the passenger a receipt that includes: the date and the times the trip began and ended; total fare, including the base fare and any additional charges incurred for distance traveled or duration of the transport, tolls and fuel, and contact information of the transportation network company.
Each transportation network company shall adopt and enforce a policy of nondiscrimination on the basis of a passenger's points of departure and destination and shall notify drivers of such policy. Transportation network companies and drivers shall comply with all applicable laws regarding nondiscrimination against riders and passengers or potential riders or passengers. A transportation network company shall maintain a ratio of at least 1 wheelchair accessible vehicle per 100 of its designated vehicles operating in any one service area. A transportation network company shall provide passengers an opportunity to indicate whether they require a wheelchair-accessible vehicle and, if the transportation network company cannot provide for a wheelchair-accessible vehicle, it must arrange for rider pick-up by a provider of a wheelchair-accessible vehicle authorized do so in the Commonwealth. A transportation network company shall not impose additional charges for providing services to persons with disabilities. Drivers shall comply with all applicable laws, rules, and regulations relating to accommodation of service animals. A driver may only refuse to transport a rider or passenger for reason not prohibited by law. A driver shall immediately report to the transportation network company any refusal to transport a rider or passenger. The transportation network company shall log such refusal and report those statistics every January 15th and June 15th of each calendar year.
A transportation network company shall deploy a zero-tolerance policy with regard to substance abuse and shall include a notice concerning the policy on its website and mobile application, along with reporting protocols.
A transportation network company or driver shall not conduct any business or operate a vehicle on any property under control and management of an airport or authority unless authorized by the respective airport or authority to do so. The department may sanction, at its discretion, a transportation network company and/or driver that violates any regulation of an airport or an authority, including, but not limited to, the suspension or revocation of a certificate and/or permit.
Notwithstanding any general or special law, rule, regulation, or ordinance to the contrary, a transportation network company, hackney licensee and livery operator may not raise base fares based upon supply and demand, provided, however that base fares may be raised during an emergency condition, as follows: During an emergency condition, a driver under authorization and as directed by a transportation network company, hackney licensee or livery operator shall not raise their base fares by an amount greater than two times that which was in effect prior to the emergency condition. Any violation of this statute shall result in the suspension of operating privileges of a transportation network company and/or driver for no less than one year, as determined by the department.
A transportation network company is prohibited from requiring a rider or passenger to waive his or her right to initiate a claim for damages or other remedy at law and equity against the transportation network company or the driver as a condition of agreement for services.
No vehicle shall solicit passengers for transportation services on any public way nor shall a vehicle be parked on any public way for a time longer than is reasonably necessary to accept passengers as a result of a call for service. No passenger shall be accepted for any trip in such vehicle without previous engagement, at a fixed fare.
A transportation network company shall submit proposed fares and rates, including the per mile and tolls, idling/waiting time, hourly rates, for approval by the department prior to receiving a permit under this chapter.
The mobile application used by the transportation network company to prearrange rides must submit to the department for approval an explanation of the total cost or pricing structure applicable to each pre-arranged ride before such ride begins, and if approved, clearly make said explanation available and visible to passengers.
Any devise provided to drivers used to calculate an approved pricing structure, including smartphones provided by transportation network companies, shall be subject to approval in accordance with section 45 of chapter 98 of the general laws.
No vehicle shall use or otherwise benefit from any public or privately designated taxi or hackney stand.
SECTION 4. There shall be a task force established to review the current laws, regulations, and local ordinances governing licensed hackneys, taxis, livery, and transportation network companies in the Commonwealth and to make recommendations concerning public safety, consumer protection, and the economic fairness and equity of the regulatory structure governing the ride for hire business in the Commonwealth. The task force shall be comprised of 11 members with one member of the house appointed by the speaker, one member of the senate appointed by the president, the chair of the department of public utilities or designee, the Attorney General of the Commonwealth or designee, a representative of the disability law center, a representative of the Massachusetts municipal association, a representative of the Massachusetts police association, a representative of the transportation network companies appointed by the governor, a representative of the hackney and taxi industry to be appointed by the governor, member of the legal community to be appointed by the governor, and a member of the livery industry to be appointed by the governor. The task force shall meet and report back its findings and any accompanying legislation no later than January 31, 2016 and file the same with the clerks of the house and the senate.
SECTION 5. That portion of SECTION 3 codifying section 11E of chapter 159A of the General Laws shall take effect 1 month after the enactment of this act; provided, however, that on no more than 2 occasions, the department of public utilities, in its sole discretion, may extend the effective date of section 11E by one month.
SECTION 6. If any section or clause of this act is held invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not be affected thereby.