Amendment #74 to H4508

Data Reporting Requirements for Transportation Network Companies

Mr. Day of Stoneham moves to amend the bill in Section 20, by striking lines 513 to 610 inclusive and inserting in place thereof the following words:-

“Section 13. (a) By the first of each month, each transportation network company shall submit to the division, in a format approved by the division, data related to each pre-arranged ride provided in the previous month including:

(i)for each non-shared ride:(1) the latitude and longitude for the points of origination and termination, calculated to 2 decimal degrees; (2) the date and time, calculated to the nearest minute, of the origination and termination; (3) the total cost paid by the rider for the ride; (4) the universally unique identifier associated with the transportation network driver; (5) whether the pre-arranged ride was provided by a wheelchair accessible vehicle; (6) the total time that the transportation network driver spent en route to pick up the rider; (7) the total time the transportation network driver spent providing the pre-arranged ride; (8) the total mileage driven by the transportation network driver while en route to pick up the rider; (9) the total mileage driven by the transportation network driver while providing the pre-arranged ride; (10) the transportation network vehicle’s license plate; (11) whether the transportation network vehicle was a livery vehicle; and (13) whether the rider selected a luxury or premium ride, regardless of whether the transportation network vehicle was registered as a livery vehicle; provided, that if the pre-arranged ride was advertised by the transportation network company as a luxury or premium ride the factors that were considered in that designation, including, but not limited to, vehicle make, model, year, and, if available, trim, whether the transportation network driver was a professional driver, as advertised by the  transportation network company and whether the ride was available by an exclusive membership option;

(ii)for each shared ride: (1) the latitude and longitude for the points of the origination and termination of the entire shared ride, calculated to 2 decimal degrees; (2) the total number of riders in the vehicle; and (3) for each pre-arranged ride that was part of a shared ride:

(A) the latitude and longitude for the points of each respective pre-arranged ride’s origination and termination, calculated to 2 decimal degrees; (B) the date and time, calculated to the nearest minute, of each respective pre-arranged ride’s origination and termination; (C) the total time that the transportation network driver spent en route to pick up each rider;  (D) the total time that the transportation network driver spent providing each pre-arranged ride;  (E) the total mileage driven by the transportation network driver while en route to pick up each rider; (F) the total mileage driven by the transportation network driver while providing each pre-arranged ride; (G) the total cost paid by each rider for each pre-arranged ride; (H) the universally unique identifier associated with the transportation network driver; (I) the transportation network vehicle license plate; and (J) whether the rider requested a shared ride but was not successfully matched with another rider;

(iii) for each transportation network vehicle that provided at least 1 pre-arranged ride: (1) the vehicle license plate; (2) whether the transportation network vehicle was a livery vehicle; (3) the vehicle make, model, year and, if available, trim; (4) the vehicle identification number; (5) the total number of minutes and miles the vehicle was en route to pick up transportation network riders; (6) total number of minutes and miles the vehicle was engaged in prearranged rides, whether shared or non-shared; and (7) the total number of minutes and miles while the vehicle was logged into the transportation network vehicle’s digital network for purposes of accepting a pre- arranged ride, but not en route to pick up a rider engaged in a pre-arranged ride;

(iv) for each accident or crash involving a transportation network driver while logged into the transportation network company’s digital network: (1) the street address of the crash, as reported to the transportation network company; (2) the date and time of the accident or crash, as reported to the transportation network company; (3) the license plate of the transportation network vehicle involved in the crash; and (4) the universally unique identifier associated with the transportation network driver.

(b)On an annual basis not later than June 30, the division shall post on its website in

aggregate form, the total number of rides provided by all transportation network companies that originated in each city or town, the cities or towns where said rides originating in each city or town terminated, and the average miles and minutes of the rides that originated in each city or town and terminated in each other respective city or town.

(c)The division may, for purposes of congestion management, transportation planning or emissions tracking, enter into confidential data sharing agreements to share anonymized and aggregated data received by the division pursuant to this section with the executive office of technology services and security, executive office of energy and environmental affairs, Massachusetts Department of Transportation, the Massachusetts Port Authority, the Massachusetts Bay Transportation Authority, the department of environmental protection,, a Massachusetts regional transit authority formed pursuant to section 3 of chapter 161B or predecessor statutes, a Massachusetts regional planning agency and a Massachusetts metropolitan planning organization.

The division shall prescribe the form and content of a confidential data sharing

agreement, and the manner of transmitting the information. Any confidential data sharing

agreement shall specify that the information provided by the division shall be aggregated and anonymized and may be used only for the purposes set forth in said agreement. Any data

received by an entity from the division through a confidential data sharing agreement as described in this subsection shall not be considered a public record as defined in clause Twenty- sixth of section 7 of chapter 4 and section 10 of chapter 66, and shall not be disclosed to any person or entity other than those listed or described in the confidential data sharing agreement.

(d)Notwithstanding subsection (d), a state or municipal government agency or transportation planning entity may disclose conclusions and analysis derived from the information received pursuant to a confidential data sharing agreement, but may not disclose the underlying information and data received.

(e)Any violation of the terms of a confidential data sharing agreement by any of the entities listed in subsection (d) shall result in the division declining to enter into future confidential data sharing agreements with the violating entity and in the termination of any existing data sharing agreement. The division shall notify each transportation network company whose data was shared in violation of the terms of a confidential data sharing agreement of the violating entity and what data was shared. An entity listed in subsection (d) of section 12 which violates the terms of a confidential data sharing agreement shall delete all data received as a result of the confidential data sharing agreement.

(f) For the purposes of this section, “aggregated” means that the data reflects average information, including trip length, trip duration, approximate trip, and in a location which has no less than ten separate trips by no less than ten separate users and has been anonymized and deidentified.”