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7 LONG TITLE
8 General Description:
9 This bill amends the Transportation Network Company Registration Act.
10 Highlighted Provisions:
11 This bill:
12 ▸ requires a transportation network company to allow a passenger to notify the driver
13 of oversize luggage;
14 ▸ requires a transportation network company to notify passengers of child restraint
15 device requirements; and
16 ▸ provides that an adult passenger of a transportation network company or a taxicab is
17 responsible for the use of a restraint device or a seatbelt for certain minors under the
18 adult passenger's supervision.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 13-51-105, as enacted by Laws of Utah 2015, Chapter 461
26 41-6a-1803, as last amended by Laws of Utah 2017, Chapter 406
27
28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 13-51-105 is amended to read:
30 13-51-105. Operating requirements.
31 (1) A transportation network company shall maintain an agent for service of process in
32 the state and shall notify the division of the name and address of the agent.
33 (2) A transportation network company may collect, on behalf of a transportation
34 network driver, a fare for a prearranged ride if the transportation network company:
35 (a) posts the method for calculating the fare on the transportation network company's
36 software application;
37 (b) provides a passenger the rate used to calculate the fare for a prearranged ride; and
38 (c) allows a passenger the option to obtain an estimated fare for a prearranged ride
39 before the passenger enters a transportation network driver's vehicle.
40 (3) For each prearranged ride, a transportation network company shall:
41 (a) before a passenger enters a transportation network driver's vehicle, display on the
42 transportation network company's software application a picture of the transportation network
43 driver; [
44 (b) shortly after the prearranged ride is complete, transmit an electronic receipt to the
45 passenger that lists:
46 (i) the prearranged ride's origin and destination;
47 (ii) the prearranged ride's total time and distance; and
48 (iii) an itemization of the total fare the passenger paid, if any[
49 (c) allow a passenger to notify a transportation network driver if a passenger has skis, a
50 snowboard, or other oversize luggage;
51 (d) provide the passenger with a link to current federal and state law relating to child
52 restraint devices; and
53 (e) notify the passenger that an adult traveling with a child is responsible for providing
54 and installing a child restraint device when needed.
55 (4) A transportation network driver may not, while providing transportation network
56 services:
57 (a) provide a ride to an individual who requests the ride by a means other than a
58 transportation network company's software application;
59 (b) solicit or accept cash payments from a passenger; or
60 (c) accept any means of payment other than payment through a transportation network
61 company's software application.
62 (5) A transportation network company shall maintain a record of:
63 (a) all trips, for a minimum of five years after the day on which the trip occurred; and
64 (b) all information in a transportation network company's possession regarding a
65 transportation network driver, for a minimum of five years after the day on which the
66 transportation network driver last provided transportation network services using the
67 transportation network company's software application.
68 (6) A transportation network company shall adopt a policy that prohibits unlawful
69 discrimination with respect to a passenger and shall:
70 (a) provide a copy of the policy to each transportation network driver; or
71 (b) post the policy on the transportation network company's website.
72 (7) (a) A transportation network driver shall accommodate:
73 (i) a service animal; or
74 (ii) an individual with a physical disability.
75 (b) A transportation network driver or transportation network company may not impose
76 an additional charge to provide the accommodations described in Subsections (7)(a) and (8).
77 (8) A transportation network company shall:
78 (a) allow a passenger to request a prearranged ride in a wheelchair-accessible vehicle;
79 and
80 (b) if a wheelchair-accessible vehicle is not available to a passenger who requests a
81 wheelchair-accessible vehicle under Subsection (8)(a), direct the passenger to a transportation
82 service that provides wheelchair-accessible service, if available.
83 (9) A transportation network company shall disclose to a transportation network driver:
84 (a) a description of the insurance coverage the transportation network company
85 provides the transportation network driver while the transportation network driver is providing
86 transportation network services, including the insurance coverage's liability limit;
87 (b) that the transportation network company's personal automobile insurance policy
88 may not provide coverage to the transportation network driver during a waiting period or a
89 prearranged ride;
90 (c) that if the vehicle the transportation network driver uses to provide transportation
91 network services has a lien against the vehicle, the transportation network driver is required to
92 notify the lienholder that the transportation network driver is using the vehicle to provide
93 transportation network services; and
94 (d) that using a vehicle with a lien against the vehicle to provide transportation network
95 services may violate the transportation network driver's contract with the lienholder.
96 (10) A transportation network company and the transportation network company's
97 insurer shall, for an incident that occurs while a transportation network driver is providing
98 transportation network services:
99 (a) cooperate with a liability insurer that insures the vehicle the transportation network
100 driver uses to provide the transportation network services;
101 (b) provide, to the liability insurer, the precise date and time that an incident occurred,
102 including the precise time when a driver logged in or out of the transportation network
103 company's software application; and
104 (c) provide the information described in Subsection (10)(b) to a liability insurer no
105 later than 10 business days after the day on which the liability insurer requests the information
106 from the transportation network company.
107 (11) If a transportation network company's insurer insures a vehicle with a lien against
108 the vehicle, and the transportation network company's insurer covers a claim regarding the
109 vehicle under comprehensive or collision coverage, the transportation network company shall
110 direct the transportation network company's insurer to issue the payment for the claim:
111 (a) directly to the person that is repairing the vehicle; or
112 (b) jointly to the owner of the vehicle and the primary lienholder.
113 Section 2. Section 41-6a-1803 is amended to read:
114 41-6a-1803. Driver and passengers -- Seat belt or child restraint device required.
115 (1) (a) [
116 operated on a highway shall:
117 (i) wear a properly adjusted and fastened safety belt;
118 (ii) provide for the protection of each person younger than eight years [
119 using a child restraint device to restrain each person in the manner prescribed by the
120 manufacturer of the device; and
121 (iii) provide for the protection of each person that is at least eight years [
122 old and no less than 16 years [
123 adjusted and fastened safety belt on each person.
124 (b) Notwithstanding the requirement under Subsection (1)(a)(ii), a child under eight
125 years [
126 (i) is exempt from the requirement in Subsection (1)(a)(ii) to be in a child restraint
127 device; and
128 (ii) shall use a properly adjusted and fastened safety belt as required in Subsection
129 (1)(a)(iii).
130 (c) An adult passenger who is utilizing transportation network services described in
131 Section 13-51-102 or a taxicab described in Section 53-3-102 shall:
132 (i) provide for the protection of each person younger than eight years old who is under
133 the adult's supervision by using a child restraint device to restrain the person in the manner
134 prescribed by the manufacturer of the device; and
135 (ii) provide for the protection of each person who is under the adult's supervision and is
136 at least eight years old and no less than 16 years old by securing, or causing to be secured, a
137 properly adjusted and fastened safety belt on the person.
138 (2) A person 16 years [
139 operated on a highway shall wear a properly adjusted and fastened safety belt.
140 (3) If more than one person is not using a child restraint device or wearing a safety belt
141 in violation of Subsection (1), it is considered only one offense, and the driver may receive
142 only one citation for that offense.
143 Section 3. Effective date.
144 This bill takes effect on May 1, 2024.