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S3789
SENATE, No. 3789
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED MARCH 5, 2026
Sponsored by:
Senator� PAUL D. MORIARTY
District 4 (Atlantic, Camden and Gloucester)
SYNOPSIS
���� Establishes certain safety requirements concerning
transportation network companies.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning transportation network companies and supplementing
and amending P.L.2017, c.26.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� (New section) The
Legislature finds and declares that:�
���� a.���� According to a New York
Times article published in August 2025, a major transportation network company
(TNC) operating in the State received approximately 400,181 complaints alleging
sexual assault or sexual misconduct in the United States between 2017 and
2022.� Notably, the TNC indicated that the majority of the complaints were made
by female drivers and riders against male drivers and riders who have low
ratings and prior histories of sexual misconduct, with most of the assaults
occurring during prearranged rides originating near bars late at night and on
weekends.
���� b.��� As there is no federal
requirement for TNCs to collect data on the number of physical or sexual
assaults, the exact number of assaults committed against drivers and riders in
New Jersey and across the United States remains unknown.� However, the United
States Government Accountability Office has cautioned that the total number of
assaults may be greater than the current estimates due to the underreporting of
assaults and, in particular, sexual assaults.�
���� c.���� Safety concerns among
TNC riders and drivers are becoming increasingly widespread, with a growing
number of reports of riders� interactions with unauthorized drivers posing as
TNC drivers and between 35 to 79 percent of surveyed TNC drivers reporting feeling
unsafe while working.
���� d.��� Additional safety
measures are needed to address the security risks and mounting safety concerns
among TNC riders and drivers.� Therefore, it is the obligation of the
Legislature to promote the health, safety, and welfare of New Jersey residents
by strengthening current TNC safety laws and enacting additional comprehensive
safety requirements for TNCs operating in this State.
���� 2.��� Section 2 of P.L.2017,
c.26 (C.39:5H-2) is amended to read as follows:�
���� 2.��� As used in P.L.2017,
c.26 (C.39:5H-1 et seq.):�
���� �Applicant� means a person who
applies to a transportation network company to be a transportation network
company driver.
����
�Authorized driver profile�
means a transportation network company driver�s unique user profile on a
transportation network company�s digital network, which profile displays the
driver�s name and other identifying information and is authorized by the
transportation network company for the purpose of providing prearranged rides.
���� �Chief Administrator� means
the Chief Administrator of the New Jersey Motor Vehicle Commission.
���� �Commission� means the New
Jersey Motor Vehicle Commission.
���� �Digital network� means any
online-enabled technology application, service, website, or system offered or
utilized by a transportation network company that enables the prearrangement of
rides between transportation network company riders and transportation network
company drivers.
���� �Division� means the Division
of Consumer Affairs in the Department of Law and Public Safety.
���� �Machine-readable code or
image� means an optical label that can be scanned using a special scanner or a
personal mobile device with a built-in camera.
���� �Personal vehicle� means a
motor vehicle that is used by a transportation network company driver to
provide prearranged rides and is owned, leased, or otherwise authorized for use
by the transportation network company driver.� A personal vehicle shall not be
considered
:
�an autocab or taxi
,
as defined in R.S.48:16-1
[
,
]
;
a
limousine
,
as defined in R.S.48:16-13 or section 2 of P.L.1997, c.356
(C.48:16-13.1)
[
,
]
;
an
autobus or jitney
,
as defined in R.S.48:16-23
[
,
]
a motor bus
,
as defined
in section 1 of P.L.1991, c.154 (C.17:28-1.5)
[
,
]
;
or
any other for-hire vehicle.� A personal vehicle shall not be considered an
automobile
,
as defined in subsection a. of section 2 of P.L.1972, c.70
(C.39:6A-2)
,
while a transportation network company driver is providing
a prearranged ride.
���� �Prearranged ride� means the
provision of transportation by a transportation network company driver to a
transportation network company rider, beginning when a driver accepts a ride
requested by a rider through a digital network controlled by a transportation
network company, continuing while the driver transports a requesting rider, and
ending when the last requesting rider departs from the personal vehicle.� A
prearranged ride shall not include transportation provided using an autocab,
taxi, limousine, autobus, jitney, motor bus, or other for-hire vehicle.� A
prearranged ride shall not include ridesharing, as defined in R.S.39:1-1.
���� �Transportation network
company� means a corporation, partnership, sole proprietorship, or other entity
that is registered as a business in the State or operates in this State, and
uses a digital network to connect a transportation network company rider to a
transportation network company driver to provide a prearranged ride.� A
transportation network company shall not include an individual, corporation,
partnership, sole proprietorship, or other entity arranging non-emergency
medical transportation for individuals qualifying for Medicaid under P.L.1968,
c.413 (C.30:4D-1 et seq.) or Medicare under Pub.L.89-97 (42 U.S.C. s.1395 et
seq.) pursuant to a contract with the State or a managed care organization,
whereby Medicaid or Medicare funding is used to pay for the non-emergency
medical transportation services.
���� �Transportation network
company driver� or �driver� means a person who receives connections to
potential riders and related services from a transportation network company in
exchange for payment of a fee to the transportation network company, and
who
uses a personal vehicle to offer or provide a prearranged ride to a rider upon
connection through
[
a
digital network controlled by a transportation network company
]
an
authorized driver profile
in return for compensation or payment of a fee.
���� �Transportation network
company rider� or �rider� means a person who uses a transportation network
company�s digital network to connect with a transportation network company
driver to receive a prearranged ride from the driver using the driver�s
personal vehicle.
(cf:� P.L.2019, c.128, s.1)
���� 3.��� Section 20 of P.L.2017,
c.26 (C.39:5H-20) is amended to read as follows:�
���� 20.� An applicant or driver
shall be prohibited from utilizing the transportation network company�s digital
network as a transportation network company driver or from providing a
prearranged ride
[
as
a transportation network company driver
]
if:�
���� a.����
[
The
]
the
applicant or driver has been convicted of
or pled guilty or nolo contendere
to
one or more of the following crimes:�
���� (1)��
[
In
]
in
New
Jersey
[
,
any crime as follows
]
:�
aggravated assault
[
,
]
;
arson
[
,
]
;
burglary
[
,
]
;
escape
[
,
]
;
extortion
[
,
]
;
homicide
[
,
]
;
kidnapping
[
,
]
;
robbery
[
,
]
;
aggravated sexual assault
[
,
]
;
sexual assault
[
,
]
;
or
endangering the welfare of a child pursuant to N.J.S.2C:24-4, whether or not
armed with or having possession of any weapon enumerated in subsection r. of
N.J.S.2C:39-1
[
,
]
;
human trafficking pursuant to section 1 of P.L.2005, c.77 (C.2C:13-8)
,
or any crime involving an act or practice of one or more of the severe forms of
trafficking in persons as described in paragraph (11) of 22 U.S.C.
[
S.7102
]
s.7102
,
the federal �Trafficking Victims Protection Act of 2000
[
,
]
�
;
a
crime pursuant to the provisions of N.J.S.2C:39-3, N.J.S.2C:39-4, or
N.J.S.2C:39-9
[
,
or other than a disorderly persons or petty disorderly persons offense for
]
;
the
unlawful use, possession
,
or sale of a controlled dangerous substance
,
as defined in N.J.S.2C:35-2
[
.
]
, other
than a disorderly persons or petty disorderly persons offense; an indictable
offense involving fraud; theft of property under N.J.S.2C:20-1 et al.; domestic
violence, as defined in section 3 of P.L.1991, c.261 (C.2C:25-19); harassment
pursuant to N.J.S.2C:33-4; or stalking pursuant to section 1 of P.L.1992, c.209
(C.2C:12-10); or
���� (2)��
[
In
]
in
any
other state, territory, commonwealth, or other jurisdiction of the United
States, as a result of a conviction
, a guilty plea, or a plea of nolo
contendere
in a court of competent jurisdiction, a crime which in that
other jurisdiction is comparable to one of the crimes enumerated in paragraph
(1) of this subsection.
���� If an applicant or driver who
has been convicted of one of the crimes enumerated in paragraph (1) or (2) of
this subsection produces a valid certificate of rehabilitation issued pursuant
to section 2 of P.L.2007, c.327 (C.2A:168A-8) or, if the criminal offense
occurred outside the State, an equivalent certificate from the jurisdiction
where the criminal offense occurred, the criminal offense shall not disqualify
the applicant or driver from accessing the transportation network company�s
digital network as a transportation network company driver or from providing
prearranged rides
[
as
a transportation network company driver, except that
]
.� However,
this
provision shall not apply to an applicant or driver who has been convicted of
human trafficking pursuant to section 1 of P.L.2005, c.77 (C.2C:13-8), any
crime involving an act or practice of one or more of the severe forms of
trafficking in persons as described in paragraph (11) of 22 U.S.C.
[
S.7102
]
s.7102
,
the federal �Trafficking Victims Protection Act of 2000,� or a comparable crime
in another jurisdiction.� A transportation network company, or a third party
designated by the transportation network company, shall take reasonable
measures to confirm the validity of the certificate, such as contacting the
relevant court or government agency;
���� b.���
[
The
]
the
applicant�s or driver�s driving record check reveals more than three moving
violations in the prior three-year period, or one of the following violations
in the prior three-year period:
���� (1)�� driving under the
influence pursuant to R.S.39:4-50;
���� (2)�� resisting arrest;
eluding an officer pursuant to N.J.S.2C:29-2;
���� (3)�� reckless driving
pursuant to R.S.39:4-96;
���� (4)�� driving with a suspended
or revoked license pursuant to R.S.39:3-40; or
���� (5)�� a violation committed in
any other state, territory, commonwealth, or other jurisdiction of the United
States that is comparable to one of the violations enumerated in paragraph (1),
(2), (3), or (4) of this subsection;
���� c.����
[
The
]
the
applicant or driver is a match in the United States Department of Justice�s Dru
Sjodin National Sex Offender Public Website;
���� d.���
[
The
]
the
applicant or driver is not a holder of a valid basic driver's license;
���� e.����
[
The
]
the
applicant or driver does not possess proof of valid vehicle registration for
the driver�s personal vehicle to be used to provide prearranged rides;
���� f.����
[
The
]
the
applicant or driver does not possess proof of valid automobile liability
insurance for the personal vehicle;
[
or
]
���� g.���
[
The
]
the
applicant or driver is under 21 years of age
; or
����
h.��� the applicant or
driver allows an unauthorized individual to drive for a transportation network
company under the applicant�s or driver�s authorized driver profile or uses
another individual�s authorized driver profile to accept a prearranged ride for
a transportation network company
.
(cf:� P.L.2022, c.11. s.2)
���� 4.��� (New section) a.� An
applicant or driver who has been convicted of or pled guilty or nolo contendere
to an offense listed in paragraph (1) or (2) of subsection a. of section 20 of
P.L.2017, c.26 (C.39:5H-20) shall notify the transportation network company
within 48 hours after the conviction was pronounced or plea was entered.�
���� b.��� Each transportation
network company shall create a procedure by which:�
���� (1)�� an applicant or driver
shall notify the transportation network company of a conviction, in writing;
and
���� (2)�� the transportation
network company shall acknowledge receipt of the notification received pursuant
to subsection a. of this section.
���� 5.��� (New section) a.� A
transportation network company shall establish and implement a zero tolerance
policy on the following crimes against drivers and riders:�
���� (1)�� simple assault or
aggravated assault;
���� (2)�� sexual assault or
aggravated sexual assault;
���� (3)�� kidnapping;
���� (4)�� robbery; and
���� (5)�� homicide.
���� A transportation network
company shall post the zero tolerance policy on its Internet website and
digital network.
���� b.��� A transportation network
company shall develop a procedure for investigating a complaint filed against a
driver or rider with the transportation network company or the commission, or
through contact by the commission, the Office of the Attorney General, a
district attorney�s office, or law enforcement agency alleging a violation of
the zero tolerance policy established by subsection a. of this section.�
���� c.���� Within seven business
days after receiving the complaint, the transportation network company shall
conduct a good faith investigation into the complaint, in accordance with the
procedure established pursuant to subsection b. of this section.� If the results
of the investigation corroborate the allegations set forth in the complaint,
the transportation network company shall revoke the driver�s or rider�s access
to the digital network within 24 hours of completing the investigation.� The
transportation network company shall provide the driver or rider with written
notice that the driver�s or rider�s access to the digital network has been
revoked within 24 hours of the revocation.
���� d.��� A driver or rider may challenge
the transportation network company�s decision to revoke the driver�s or rider�s
access to the digital network by submitting a written request for
reconsideration to the transportation network company within 30 calendar days
after receiving the written notice pursuant to subsection c. of this section.�
A transportation network company shall decide the driver�s or rider�s request
for reconsideration within 14 calendar days after receiving the written
request.� However, the transportation network company may notify the driver or
rider, in writing, of a continuance of the reconsideration if:�
���� (1)�� the driver or rider has
not provided sufficient evidence or documentation for consideration by the
transportation network company; or
���� (2)�� circumstances outside of
the transportation network company�s control necessitate additional time to
reconsider the driver�s request for reconsideration.
���� e.���� The transportation
network company�s resolution of a driver�s or rider�s request for
reconsideration shall include a written statement that the transportation
network company sends the driver or rider via mail and electronic mail or
through another mechanism that the transportation network company reasonably
expects will remain accessible to the driver or rider for at least one year.�
The written statement shall include a determination:�
���� (1)�� affirming the
transportation network company�s decision, including a summary of the reasons
for revoking the driver�s or rider�s access to the digital network; or
���� (2)�� that the driver or rider
did not violate the transportation network company�s zero tolerance policy
established pursuant to subsection a. of this section, which determination
shall be accompanied by restoration of the driver�s or rider�s access to the digital
network within 24 hours of rendering the determination.
���� The transportation network
company�s resolution of the driver�s or rider�s request for reconsideration
shall include the option for the party that filed a complaint alleging a
violation of the transportation network company�s zero tolerance policy, established
pursuant to subsection a. of this section, to opt in to receive updates that
the transportation network company sends via mail and electronic mail detailing
the disposition of the request for reconsideration.
���� f.���� A driver or rider may
initiate a civil proceeding in a district court against the transportation
network company, driver, or rider if the driver or rider has a claim for
damages suffered because of an alleged violation of
this
section
by a transportation network company, a driver, or a rider, which
alleged violation resulted in the death, sexual assault, kidnapping, or
personal injury of the driver or rider.
���� 6.��� (New section) a.� As
used in this section, �biometric data� means the same as that term is defined
in P.L.2023, c.266 (C.56:8-166.4).
���� b.��� After a driver accepts a
prearranged ride through a digital network, but before the driver picks up the
rider, a transportation network company shall verify that the driver providing
the prearranged ride is the same driver authorized by the transportation
network company to provide the prearranged ride through:�
���� (1)�� an in-vehicle dashboard
camera;
���� (2)�� a live
self-identification photograph or video;
���� (3)�� biometric verification
by fingerprint or optical scan; or
���� (4)�� another verification
method.
���� c.���� A transportation
network company shall not collect biometric data from a driver or rider without
first obtaining the consent of the driver or rider.
���� 7.��� (New section) a.� Each
prearranged ride shall be audio recorded beginning from when the driver picks
up the rider in a personal vehicle and continuing until the rider departs from
the personal vehicle.� In addition to the audio recording, each driver and
rider may elect to have the prearranged ride video recorded.
���� b.��� A transportation network
company shall be responsible for providing its drivers with the necessary audio
and video recording equipment and maintaining the equipment, as needed.
���� c.���� A driver shall display
a sign in a conspicuous manner on the interior of the driver�s personal
vehicle, which sign shall indicate that the prearranged ride is being audio
recorded and, if applicable, video recorded.
���� d.��� Each transportation
network company shall:�
���� (1)�� establish a policy and
procedure by which a driver and a rider shall consent to having a prearranged
ride continuously audio recorded and, if a driver or rider elects, video
recorded, pursuant to subsection a. of this section, as a condition of
providing or receiving a prearranged ride; and
���� (2)�� ensure that no rider is
charged a fee or increased cost for a prearranged ride that is recorded
pursuant to subsection a. of this section.
���� 8.��� Section 25 of P.L.2017,
c.26 (C.39:5H-25) is amended to read as follows:�
���� 25.� a.� Notwithstanding any
[
other
provision of
]
law,
rule, or regulation to the contrary,
a transportation network
company shall maintain the following records:�
���� (1)�� individual prearranged
ride records
, including the audio and video recordings captured pursuant to
subsection a. of section 7 of
P.L. ,
c. (C. )
(pending before the Legislature as this bill),
for at least six
years following the date of the prearranged ride; and
���� (2)�� individual records of
each transportation network company driver, including, but not limited to, any
records provided to the transportation network company pursuant to sections 16
through 19 of P.L.2017, c.26 (C.39:5H-16 through C.39:5H-19), for at least five
years after the driver terminates status as a transportation network company
driver.
���� b.���
(1)
The New
Jersey Motor Vehicle Commission or the Division of Consumer Affairs in the
Department of Law and Public Safety may inspect records held by the
transportation network company
that are
necessary to investigate and
resolve a specific complaint filed against a transportation network company
driver if the commission or division provides a written request for the records
and a basis for the request.� A record provided to the commission or division
pursuant to this section may exclude information that tends to identify
specific drivers or transportation network company riders, unless the identity
of the driver or rider is relevant to the complaint.
����
(2)�� If a person files a
complaint against a transportation network company or driver, the
transportation network company shall respond to a subpoena or search warrant
for information related to the complaint from a court, the Office of the
Attorney General, a district attorney�s office, the commission, or a law
enforcement agency no later than two business days after the request is made,
unless otherwise agreed upon by the subpoenaing party.
���� c.���� The commission or
division may require transportation network company records maintained in-State
or out-of-State to be available to the commission or division within 14
business days of the commission�s or division�s request to inspect records to
investigate and resolve a complaint pursuant to subsection b. of this section.�
The transportation network company may request an extension if the
[
14 business
]
14-business
day deadline imposes an undue burden upon the transportation network company.
���� In the event of exigent
circumstances, the commission or division may require a transportation network
company to make its records available before 14 business days from the time of
the commission�s or division�s request if receipt of the records before 14
business days is reasonably necessary under the circumstances for the
investigation or resolution of a complaint pursuant to subsection b. of this
section.
���� d.��� For the purpose of
verifying that a transportation network company is in compliance with the
requirements of P.L.2017, c.26 (C.39:5H-1 et seq.) or to assure the integrity
and performance of a transportation network company or a transportation network
company driver, the commission, division, or an authorized representative may
inspect transportation network company records
,
including all books,
records, documents, papers, reports, or data relating to the operation of a
transportation network company, in whatever form kept, including, but not
limited to, records required to be maintained by a transportation network
company pursuant to subsection a. of this section.� The inspection shall take
place at a mutually agreed upon location in the State.� Any record provided to
the commission, division, or authorized representative may exclude information
that tends to identify specific drivers or riders.
���� e.���� Any records inspected
by the commission, division, or authorized representative under this section
[
,
]
shall be
deemed confidential, shall not be disclosed to a third party except with the
prior written consent of the transportation network company, and shall not be
considered a government record pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.),
P.L.2001, c.404 (C.47:1A-5 et al.), or the common law concerning access to
government records.� Nothing in this section shall be construed as limiting the
applicability of any other exemptions under P.L.1963, c.73 (C.47:1A-1 et seq.)
or P.L.2001, c.404 (C.47:1A-5 et al.).
���� f.���� A transportation
network company�s failure to comply with the provisions of this section or
permit the commission or division on the transportation network company�s
premises during regular business hours to conduct investigations or reviews
shall be cause for suspension or revocation of the permit issued by the
commission to operate as a transportation network company pursuant to section 4
of P.L.2017, c.26 (C.39:5H-4), or any other fine, penalty, or enforcement
action as determined by the commission or division.� The commission�s or division�s
investigation or review of the transportation network company may include, but
shall not be limited to, discussions with customers and transportation network
company drivers, examination of motor vehicle records, questioning of
employees, and the use of other investigatory techniques as may be necessary
[
for the
enforcement of
]
to enforce
this section and
the
regulations adopted by the
commission or division.
���� g.��� The commission and
division shall enter into a memorandum of understanding to effectuate the
authority granted to the commission and division pursuant to this section.
����
h.��� A transportation
network company shall process the data collected or maintained pursuant to this
section in accordance with P.L.2023, c.266 (C.56:8-166.4 et seq.).
(cf:� P.L.2017, c.26, s.25)
���� 9.��� (New section) a.� A
transportation network company shall not:�
���� (1)�� alter the rating that a
rider assigned a driver or the rating that a driver assigned a rider on a
transportation network company�s digital network;
���� (2)�� assign an automatic or
default driver rating that the rider did not assign; or
���� (3)�� assign an automatic or
default rider rating that the driver did not assign.
���� b.��� Notwithstanding
subsection a. of this section, a transportation network company may delete
ratings or reviews that are motivated by bias or fraud, as determined by the
Division of Consumer Affairs in the Department of Law and Public Safety.� A
transportation network company shall not consider negative ratings or reviews
that are motivated by bias or fraud while investigating a complaint pursuant to
subsection c. of section 5 of
P.L. ,
c. (C. )
(pending before the Legislature as this bill) or deciding a request for
reconsideration pursuant to subsection d. of section 5 of P.L. ,
c. (C. )
(pending before the Legislature as this bill).
���� 10.� (New section) a.� Each
transportation network company shall prohibit a driver or rider from offering,
selling, or otherwise providing food or beverage to another driver or rider.
���� b.��� The commission may
conduct randomized compliance checks to ensure that a transportation network
company is in compliance with subsection a. of this section.
���� 11.� (New section) a.� Within
three months after the effective date of
P.L. ,
c. (C. )
(pending before the Legislature as this bill), each transportation network
company shall develop policies to:�
���� (1)�� prevent
the creation of unauthorized driver profiles, detect and deactivate
unauthorized driver profiles already formed, and prevent account sharing and
account renting;
���� (2)�� prevent
crimes committed by or against a driver;
���� (3)�� prohibit
the transportation of an unaccompanied minor unless the minor is part of a duly
authorized family account whereby a parent or guardian is required to be
present when the minor confirms authorization for the prearranged ride or
enters the personal vehicle;
���� (4)�� permit
a driver to refuse a prearranged ride to an individual who is not authorized to
use the account requesting the prearranged ride, which policy shall ensure that
the driver is not penalized by the transportation network company for refusing
the prearranged ride; and
���� (5)�� notify
riders and drivers of any updates to the transportation network company�s
safety policies.
���� b.��� Each
transportation network company shall provide copies of the policies created
pursuant to subsection a. of this section to the commission, the Attorney
General, and every driver who provides prearranged rides for the transportation
network company�s digital network.
���� c.���� Within
10 business days after updating a policy established pursuant to subsection a.
of this section, each transportation network company shall provide a copy of
the updated policy to the commission, the Attorney General, and every driver
who provides prearranged rides for the transportation network company�s digital
network.
���� 12.� (New section) A provision
in a contract between a transportation network company and a driver or rider
shall be void as against public policy if the provision:�
���� a.���� attempts to immunize
the transportation network company from a civil penalty established pursuant to
the �Transportation Network Company Safety and Regulatory Act,� P.L.2017, c.26
(C.39:5H-1 et seq.)
;
���� b.��� attempts to waive or
waives a right or protection established pursuant to the �Transportation
Network Company Safety and Regulatory Act,� P.L.2017, c.26 (C.39:5H-1 et seq.)
or
P.L.1960, c.39 (C.56:8-1 et seq.);
���� c.���� attempts
to waive or waives the right to a jury trial for a claim involving sexual
misconduct or sexual assault; or
���� d.��� contains
a mandatory arbitration clause that limits the rights of a driver or rider to
seek judicial relief for a claim involving sexual misconduct or sexual assault.
���� 13.� (New section) a.�
Beginning one year after the effective date of
P.L. ,
c. (C. )
(pending before the Legislature as this bill), each transportation network
company shall submit an annual report
to the Governor and, pursuant to
section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature.
���� b.��� At a minimum, the report
required pursuant to subsection a. of this section shall include the number
of:�
���� (1)�� reported safety
incidents involving a driver who provided prearranged rides for, or a rider who
received prearranged rides from, the transportation network company in the
preceding calendar year, including the number of reported instances of:�
���� (a)�� physical assaults;
���� (b)�� sexual assaults;
���� (c)�� verbal threats;
���� (d)�� stalking;
���� (e)�� harassment;
���� (f)�� theft;
���� (g)�� motor vehicle accidents;
and
���� (h)�� homicide; and
���� (2)�� reported incidents of
discriminatory speech or discriminatory conduct involving a driver who provided
prearranged rides for, or a rider who received prearranged rides from, the
transportation network company.
���� 14.� (New section) a.� The
commission shall adopt, pursuant to the �Administrative Procedure Act,�
P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations as may be necessary
to implement the provisions of
P.L. ,
c. (C. )
(pending before the Legislature as this bill)
.
���� b.��� At a minimum, the rules
and regulations shall:�
���� (1)�� establish requirements
and procedures for the audio and video recording of a prearranged ride, as
provided by subsection a. of section 7 of
P.L. ,
c. (C. )
(pending before the Legislature as this bill)
, including:�
���� (a)�� the deadline by which a
driver shall equip the driver�s personal vehicle with the audio and video
recording capabilities;
���� (b)�� access to and encryption
and storage of audio and video recordings, including measures to promote
victim-survivor privacy and choice;
���� (c)�� procedures for
transferring audio and video recordings and related data between a
transportation network company and the driver, the rider, or both the driver
and rider;
���� (d)�� education provided by a
transportation network company to a driver and rider regarding the safety
benefits of recording a prearranged ride; and
���� (e)�� technological failures
related to audio and video recordings captured pursuant subsection a. of
section 7 of
P.L. ,
c. (C. )
(pending before the Legislature as this bill)
, including rules that hold
harmless a transportation network company for a technological failure outside
of the transportation network company�s control if the transportation network
company is otherwise acting in good faith to record a prearranged ride; and
���� (2)�� govern a complainant�s
access to the data collected by a transportation network company related to a
complaint alleging a violation of the zero tolerance policy established by
subsection a. of section 5 of
P.L. ,
c. (C. )
(pending before the Legislature as this bill).
���� 15.� This act shall take
effect on the first day of the sixth month following enactment.� The commission
shall take such anticipatory administrative action as shall be necessary to
implement the provisions of this act.
STATEMENT
���� This bill establishes certain
safety requirements for transportation network company (TNC) drivers and
riders.� Specifically, the bill prohibits an applicant or driver from utilizing
a TNC�s digital network and providing prearranged rides if the applicant or
driver has been convicted of or pled guilty or nolo contendere to certain
crimes or allows an unauthorized individual to use the applicant�s or driver�s
authorized driver profile.� The bill requires applicants and drivers who have
been convicted of or pled guilty or nolo contendere to certain crimes to notify
a TNC within 48 hours after the conviction was pronounced or the plea was
entered.
���� Additionally, the bill
requires each TNC to establish and implement a zero tolerance policy (policy)
on certain crimes against drivers and riders and to develop a procedure for
investigating complaints alleging violations of the policy.� If the results of
the investigation corroborate the complaint, the TNC is required to revoke the
driver�s or rider�s access to the digital network.� The bill requires each TNC
to establish procedures by which the driver or rider may submit a request for
reconsideration and by which the TNC may resolve the request for
reconsideration.
���� The bill requires each TNC to
establish certain verification methods to ensure that the driver providing a
prearranged ride is the authorized driver.� Each prearranged ride is to be
continuously audio recorded and, if the driver or rider elects, video recorded,
using technology provided by and maintained by the TNC, at no additional
expense to the rider.� Drivers are to display signs indicating the prearranged
ride is being audio recorded and, if applicable, video recorded.
���� The bill establishes certain
requirements regarding data obtained and records maintained by TNCs and
prohibits TNCs from altering any ratings or reviews assigned by riders and
drivers, unless the ratings or reviews are motivated by bias or fraud.
���� Further, the bill requires
TNCs to prohibit drivers and riders from offering, selling, or otherwise
providing food or beverage to another driver or rider and authorizes the New
Jersey Motor Vehicle Commission (commission) to conduct randomized compliance
checks.� Under the bill, TNCs are to establish additional safety policies,
which policies and any updates to the policies are to be distributed to the
commission, the Attorney General, and the drivers.
���� Finally,
the bill establishes certain causes of action for certain individuals who have
been injured due to a violation of certain provisions of the bill and requires
TNCs to issue annual reports to the Governor and the Legislature concerning the
number of reported instances of certain crimes and discrimination.
���� Under the bill, �authorized
driver profile� means a TNC driver�s unique user profile on a TNC�s digital
network, which profile displays the driver�s name and other identifying
information, and is authorized by the TNC for the purpose of providing
prearranged rides.