Chapter 4925: TRANSPORTATION NETWORK COMPANIES

4925.01 [Effective 3/23/2016] Definitions.

As used in this chapter, "transportation network company," "transportation network company driver," "transportation company services," "digital network," and "transportation network company rider " have the same meanings as in section 3938.01 of the Revised Code.

Added by 131st General Assembly File No. TBD, HB 237, §1, eff. 3/23/2016.

4925.02 [Effective 3/23/2016] Permits.

(A) The public utilities commission shall issue a transportation network company permit to any entity that does all of the following:

(1) Applies for a permit issued in accordance with rules adopted under this section;

(2) Affirms that the entity will maintain compliance with t he applicable requirements established under sections 4925.03 to 4925.08 of the Revised Code and with rules adopted under this section;

(3) Submits along with an application for a permit a permit fee of five thousand dollars.

Any permit issued under this section is effective for one year commencing on the date of issuance.

(B) Nothing in this chapter shall be construed to prohibit the issuance of a transportation network company permit to an entity that is also engaged in providing taxicab services, so long as the entity complies with division (A) of this section, all applicable requirements established under sections 4925.03 t o 4925.08 of the Revised Code, and rules adopted by the public utilities commission under division (C) of this section.

(C) The public utilities commission may adopt rules in accordance with Chapter 119. of the Revised Code for purposes of issuing permits to transportation network companies and implementing the requirements of this chapter.

(D) No entity shall operate a transportation network company without a valid permit issued under this section or without complying with rules adopted by the public utilities commission under this section or the applicable requirements of sections 4925.03 to 4925.08 of the Revised Code.

Added by 131st General Assembly File No. TBD, HB 237, §1, eff. 3/23/2016.

4925.03 [Effective 3/23/2016] Duties of company.

A transportation network company shall do all of the following:

(A) Disclose its fare calculation method on its digital network;

(B) Provide transportation network company riders or potential riders with the applicable rates charged by the transportation network company;

(C) Allow a transportation network company rider or potential rider to request and receive an estimated fare before the rider or potential rider receives transportation network company services;

(D) Ensure that for each transportation network company service request one of the following conditions is met:

(1) The transportation network company's digital network provides a photograph of the transportation network company driver and the license plate number of the motor vehicle that will provide the transportation network company service before the transportation network company rider enters the vehicle ;

(2) The name of the transportation network company is prominently displayed on the vehicle that will provide the transportation network company service.

(E) Establish a process by which the transportation network company may accept payments f or transportation network company services through the company's digital network ;

(F) Within a reasonable period of time after the completion of transportation network services, transmit an electronic receipt to the transportation network company rider that includes the origin and destination of the trip, the distance of the trip, the total time during which transportation network company services were provided, an itemization of the total fare charged , and, if applicable, that the rider made a cash payment to the driver ;

(G) Designate an agent located within this state who is authorized to receive service of process;

(H) Comply with the requirements established under sections 3938.02 to 3938.04 of the Revised Code;

(I) Comply with any other requirements established by the public utilities commission.

Added by 131st General Assembly File No. TBD, HB 237, §1, eff. 3/23/2016.

4925.04 [Effective 3/23/2016] Driver qualifications.

(A) Prior to authorizing a person to act as a transportation network company driver, a transportation network company shall do all of the following:

(1) Require the person to submit an application to the transportation network company that includes at least all of the following:

(a) The person's address;

(b) The person's age;

(c) The person's driver's license number and information on the person's driving history;

(d) A copy of the certificate of motor vehicle registration for the vehicle the person will use to provide transportation network company services;

(e) Proof of automobile insurance.

(2) Conduct a background check on each applicant, including both of the following:

(a) A search of a multi-state/multi-jurisdiction criminal records database, or a similar nationwide criminal records database, and validation of any records through a primary source search ;

(b) A search of the United States department of justice national sex offender public web site;

(3) Obtain and review a driving history report with regard to each applicant.

(B) A transportation network company shall not authorize a person to act as a transportation network company driver if any of the following apply to the person:

(1) The person does not possess a valid driver's license.

(2) The person does not possess a valid certification of motor vehicle registration for the motor vehicle that the person intends to use to provide transportation network company services.

(3) The person does not possess automobile liability insurance for the vehicle that the person intends to use to provide transportation network company services that meets the requirements of section 3938.02 of the Revised Code unless the transportation network company provides such insurance on behalf of the driver.

(4) The person has not attained the age of nineteen.

(5) Within the past three years, the person has been convicted of, or pleaded guilty to, more than three violations of section 4511.194, 4511.204, 4511.21, 4511.211, 4511.251, 4511.29, 4511.30, 4 511.39, 4511.46, 4511.47, 4511.711, or 4 511.75 of the Revised Code or an existing or former municipal ordinance or law of this or any other state, or of the United States, that is substantially equivalent to any offense listed in division (B)(5) of this section.

(6) Within the past three years, the person has been convicted of, or pleaded guilty to, any serious vehicle-related offense, including a violation of division (B) of section 2921.331 of the Revised Code or a violation of section 4510.11, 4510.111, 4510.12, 4510.14, 4510.16, 4510.18, 4 511.20, or 4 511.201 of the Revised Code or an existing or former municipal ordinance or law of this or any other state, or of the United States, that is substantially equivalent to any offense listed in division (B)(6) of this section.

(7) Within the past seven years, the person has been convicted of, or pleaded guilty to, any of the following:

(a) Operating a vehicle while under the influence of alcohol, a drug of abuse, or a combination of both, in violation of section 4511.19 of the Revised Code;

(b) The commission of any felony offense while operating, or being a passenger in, a motor vehicle;

(c) A theft or fraud offense in violation of section 2911.01 or 2911.02 of the Revised Code or any provision of Chapter 2913. of the Revised Code;

(d) A property damage offense in violation of section 2909.02, 2909.03, 2909.05, 2909.06, 2 909.07, 2909.09, 2909.10, or 2909.101 of the Revised Code;

(e) A sex offense in violation of any provision of Chapter 2907. of the Revised Code;

(f) An offense of violence as defined in section 2901.01 of the Revised Code;

(g) An act of terrorism as defined in section 2909.21 of the Revised Code;

(h) A violation of an existing or former municipal ordinance or law of this or any other state, or of the United States, that is substantially equivalent to any offense listed in division (B) ( 7) of this section.

(8) A search of the United States department of justice national sex offender public web site indicates that the person is identified as a sex offender.

Added by 131st General Assembly File No. TBD, HB 237, §1, eff. 3/23/2016.

4925.05 [Effective 3/23/2016] Driver access to digital network; rider complaints.

(A)

(1) A transportation network company shall prohibit any transportation network company driver from logging onto the transportation network company's digital network or providing transportation network company services while under the influence of any amount of alcohol or a drug of abuse. A transportation network company shall notify all drivers of this prohibition and shall provide notice of this policy on the digital network of the transportation network company.

(2) As used in division (A)(1) of this section, "drug of abuse" has the same meaning as in section 4506.01 of the Revised Code. For purposes of this section, "drug of abuse" does not include any drug that was obtained pursuant to a prescription issued by a licensed health professional authorized to prescribe drugs if the drug is taken in accordance with the directions of the health professional and does not impair the ability of the person who took the drug to operate a motor vehicle.

(B) A transportation network company shall establish a procedure by which a rider may report a complaint against a transportation network company driver for a violation of the company's prohibition established under division (A) of this section. The transportation network company shall provide information about the complaint procedure on the digital network of the transportation network company. Upon receiving a complaint alleging a violation of the prohibition established under division (A) of this section, a transportation network company shall immediately suspend the access of the driver accused of the violation to the transportation network company's digital network and shall conduct an investigation into the reported incident.

(C) A transportation network company shall retain all complaints submitted under division ( B) of this section, and all records related to the investigation of such a complaint, for a period of two years commencing on the date each complaint was filed.

Added by 131st General Assembly File No. TBD, HB 237, §1, eff. 3/23/2016.

4925.06 [Effective 3/23/2016] Nondiscrmination policies.

(A) No transportation network company driver shall fail to comply with the nondiscrimination policy of a transportation network company for which the driver provides transportation network services if such a policy has been established or with any applicable law regarding nondiscrimination or the accommodation of service animals.

(B) No transportation network company shall charge any additional fee for providing transportation network company services to a person with a disability on the basis of the disability.

(C) A transportation network company shall provide an option on the digital network of the transportation network company f or a potential rider to request a wheelchair-accessible vehicle. If the transportation network company cannot arrange such a service for a potential rider who requests a wheelchair- accessible vehicle, the transportation network company shall direct the potential rider to another provider if possible.

Added by 131st General Assembly File No. TBD, HB 237, §1, eff. 3/23/2016.

4925.07 [Effective 3/23/2016] Records.

A transportation network company shall maintain records of both of the following:

(A) All transportation network company drivers for not less than two years after the date each driver last provided transportation network company services;

(B) Each instance in which transportation network company services are provided for not less than two years after the services are provided.

Added by 131st General Assembly File No. TBD, HB 237, §1, eff. 3/23/2016.

4925.08 [Effective 3/23/2016] Cash payments.

(A) A transportation network company driver m ay accept cash payments for transportation network company services if authorized to do so by the transportation network company that controls the digital network through which the driver provides the services. If a transportation network company driver accepts a cash payment for a transportation network company service, the driver shall notify the transportation network company through the digital network that a cash payment has been made and of the amount of the cash payment. In addition, the rider shall confirm the amount of the cash payment through the digital network. Nothing in this section shall be construed to require a transportation network company to authorize the acceptance of cash payments.

(B) No transportation network company driver shall solicit or accept any passenger other than through the digital network of the transportation network company at any time during which the transportation network company driver is logged onto the digital network.

Added by 131st General Assembly File No. TBD, HB 237, §1, eff. 3/23/2016.

4925.09 [Effective 3/23/2016] Regulations.

(A)

(1) The regulation of transportation network companies, transportation network company drivers, and transportation network company services is a matter of general statewide interest that requires statewide regulation. Chapter 4 925. and sections 3938.01 to 3938.04 of the Revised Code constitute a comprehensive plan with respect to all aspects of the regulation of transportation network companies, transportation network company drivers, and transportation network company services. Accordingly, except as authorized in division (A)(2) of this section, it is t he intent of the general assembly to preempt any local ordinance, resolution, or other law adopted to license, register, tax, or otherwise regulate transportation network companies, transportation network company drivers, or transportation network company services.

(2) The operator of a public-use airport, as defined in section 4563.30 of the Revised Code, may adopt reasonable standards, regulations, procedures, and fees that are applicable t o transportation network company services that are provided to any transportation network company rider who requests service to, from, or on the property of the public-use airport. A transportation network company or transportation network company driver shall comply with any applicable standards, regulations, or procedures adopted by a public-use airport and shall pay any applicable fees in a timely manner.

(B) With regard to the provision of transportation network company services, no transportation network company or transportation network company driver is subject to regulation as a chauffeured limousine under section 4511.85 of the Revised Code, as a taxicab or vehicle for hire , or as a for-hire motor carrier under Chapters 4921. and 4923. of the Revised Code. No vehicle used to provide transportation network company services shall be required to register as a chauffeured limousine, taxicab or vehicle for hire , commercial car, or for-hire motor carrier in order to provide transportation network company services.

Added by 131st General Assembly File No. TBD, HB 237, §1, eff. 3/23/2016.

4925.10 [Effective 3/23/2016] Construction with other laws.

(A) Chapters 4111., 4121., 4123., 4141., and sections 4113.15 and 4113.16 of the Revised Code do not apply to transportation network companies with regard to transportation network company drivers and transportation network company drivers are not employees for purposes of those chapters or sections, except where agreed to by written contract. If the parties agree to the application of one or more of these laws in a written contract, the transportation network company shall notify the appropriate agency of the election to cover the driver. If the parties subsequently change this election, the transportation network company shall notify the appropriate agency of the change.

(B) Except where agreed to by written contract, a transportation network company driver is not an agent of a transportation network company.

(C) A driver may bring an action and recover under section 4113.52 of the Revised Code if a transportation network company has discontinued or otherwise removed the driver's access to the transportation network company's digital network because of the driver making a report under that section. If a driver brings an action under that section, the driver shall comply with the procedures for employees established in that section to receive the relief and remedies listed in division (E) of that section.

A driver is not an employee for purposes of sections 4113.51 and 4113.52 of the Revised C ode. Nothing in this division shall be construed to create an employer and employee relationship between a transportation network company driver and a transportation network company.

Added by 131st General Assembly File No. TBD, HB 237, §1, eff. 3/23/2016.