Connecticut General Statutes 13b-119 – Transportation network company driver requirements. Adoption of policies re drugs and alcohol and illness and fatigue. Operation as transportation network company driver without authority; penalty. Certification…
(a) Prior to permitting an individual to act as a transportation network company driver on its digital network, the transportation network company shall: (1) Require the individual to submit an application to the company that includes information regarding the individual’s name, address, date of birth, motor vehicle operator’s license number and motor vehicle registration; (2) (A) conduct, or have a consumer reporting agency regulated under the federal Fair Credit Reporting Act conduct, a driving record check and a local, state and national criminal history records check, including a search of state and national sexual offender registry databases provided such databases are accessible to the public, or (B) arrange for the fingerprinting of the individual to be submitted to the Federal Bureau of Investigation for a national criminal history records check and to the State Police Bureau of Identification for a state criminal history records check conducted in accordance with section 29-17a; and (3) disclose to such individual, electronically or in writing, (A) the insurance coverage, including the types of coverage and any coverage limits, that the company provides while a transportation network company driver is connected to the company’s digital network or is engaged in the provision of a prearranged ride, and (B) that a transportation network company driver’s personal automobile insurance policy might not provide coverage while such driver is connected to the company’s digital network, available to receive a request for a prearranged ride or engaged in the provision of a prearranged ride.
Attorney's Note
Under the Connecticut General Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Connecticut General Statutes 13b-119
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conviction: A judgement of guilt against a criminal defendant.
- Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
- Fraud: Intentional deception resulting in injury to another.
- Summons: Another word for subpoena used by the criminal justice system.
(b) A transportation network company shall conduct, or have a consumer reporting agency regulated under the federal Fair Credit Reporting Act conduct, a local, state and national criminal history records check, including a search of state and national sexual offender registry databases, or arrange for the fingerprinting of the individual to be submitted to the Federal Bureau of Investigation for a national criminal history records check and to the State Police Bureau of Identification for a state criminal history records check conducted in accordance with section 29-17a, at least once every three years after permitting an individual to act as a transportation network company driver.
(c) (1) No transportation network company shall permit an individual to act as a transportation network company driver on its digital network if such individual: (A) Has, during the three years prior to the date of such individual’s application to be a transportation network company driver, (i) committed more than three moving violations, as defined in section 14-111g, (ii) committed one serious traffic violation, as defined in section 14-1, or (iii) had his or her motor vehicle operator’s license suspended pursuant to section 14-227b; (B) has been convicted, within seven years prior to the date of such individual’s application, of driving under the influence of drugs or alcohol, fraud, sexual offenses, use of a motor vehicle to commit a felony, acts of violence or acts of terror; (C) is included in the state sexual offenders registry or the United States Department of Justice National Sex Offender Public Website; (D) does not possess a Connecticut motor vehicle operator’s license or a motor vehicle operator’s license issued by a reciprocal state; (E) does not possess proof of registration for each motor vehicle such individual proposes to use as a transportation network company vehicle; or (F) is not at least nineteen years of age. For the purposes of this subsection, “reciprocal state” means a state that permits transportation network company drivers who possess a Connecticut motor vehicle operator’s license to provide a prearranged ride that originates in such state.
(2) An individual who is permitted to act as a transportation network company driver shall report to the transportation network company not later than twenty-four hours after the occurrence of any of the following incidents: (A) The commission of a fourth moving violation, as defined in section 14-111g, during the past three years; (B) the commission of one serious traffic violation, as defined in section 14-1; (C) the suspension of his or her motor vehicle operator’s license pursuant to section 14-227b; (D) the conviction of driving under the influence of drugs or alcohol, fraud, sexual offenses, use of a motor vehicle to commit a felony, acts of violence or acts of terror; (E) inclusion in the state sexual offenders registry or the United States Department of Justice National Sex Offender Public Website; (F) failure to possess an operator’s license; or (G) failure to possess proof of registration for a transportation network company vehicle. Each transportation network company that receives a report pursuant to this subdivision or becomes aware of such incident shall prohibit the individual from acting as a transportation network company driver on the company’s digital network until the individual meets the qualifications of this section to be a transportation network company driver.
(d) (1) A transportation network company shall adopt a policy that a transportation network company driver shall not use or be under the influence of drugs or alcohol while the driver is connected to the company’s digital network or engaged in the provision of a prearranged ride. The company shall provide notice of such policy on its Internet web site, and include procedures for a transportation network company rider to report a complaint about a driver whom the rider reasonably suspects was using or under the influence of drugs or alcohol while engaged in the provision of a prearranged ride.
(2) Upon the company’s receipt of a complaint by a rider alleging a violation of such policy, the company shall suspend the driver’s access to the company’s digital network as soon as possible and conduct an investigation into the reported incident. The suspension shall last until completion of the investigation. If the investigation confirms the driver used or was under the influence of drugs or alcohol while engaged in the provision of a prearranged ride or while connected to the company’s digital network, the company shall ban the driver’s access to the digital network on a permanent basis.
(3) The company shall maintain all records related to the enforcement of such policy for a period of not less than three years from the date that a complaint by a rider is received by the company.
(e) A transportation network company shall adopt a policy that prohibits a transportation network company driver from providing a prearranged ride when such driver’s ability to operate a transportation network company motor vehicle is impaired by illness, fatigue or any other condition that would likely preclude safe operation of such vehicle.
(f) A transportation network company driver shall: (1) Comply with all applicable laws regarding nondiscrimination against transportation network company riders or potential transportation network company riders on the basis of age, color, creed, destination, intellectual or physical disability, national origin, race, sex, sexual orientation or gender identity; (2) comply with all applicable laws relating to the accommodation of service animals and accommodate service animals without imposing additional charges for such accommodation; (3) comply with the policies adopted by the transportation network company pursuant to subsection (c) of section 13b-118 and subsections (d) and (e) of this section; (4) not impose additional charges for providing prearranged rides to persons with physical disabilities because of such disabilities; and (5) not solicit or accept a request for transportation unless the request is accepted through the transportation network company’s digital network.
(g) (1) Any person who holds himself or herself out to be a transportation network company driver who is not permitted by a transportation network company to use its digital network shall be guilty of a class B misdemeanor.
(2) The state shall remit to a municipality fifty per cent of the fine amount received for a violation of subdivision (1) of this subsection with respect to each summons issued by such municipality. Each clerk of the Superior Court or the Chief Court Administrator, or any other official of the Superior Court designated by the Chief Court Administrator, shall, on or before the thirtieth day of January, April, July and October in each year, certify to the Comptroller the amount due for the previous quarter under this subsection to each municipality served by the office of the clerk or official.
(h) (1) A transportation network company vehicle shall (A) have four doors; (B) not be older than twelve model years old; and (C) be designed to transport no more than eight passengers, including the driver.
(2) Before any motor vehicle is used by a transportation network company driver as a transportation network company vehicle, and every two years thereafter, the driver shall certify to the transportation network company that the following equipment is in good working order: (A) Foot brakes; (B) emergency brakes; (C) steering mechanism; (D) windshield; (E) rear window and other glass; (F) windshield wipers; (G) headlights; (H) tail lights; (I) turn indicator lights; (J) brake lights; (K) front seat adjustment mechanism; (L) doors; (M) horn; (N) speedometer; (O) bumpers; (P) muffler and exhaust system; (Q) condition of tires, including tread depth; (R) interior and exterior rearview mirrors; and (S) seat safety belts and air bags for driver and passengers. The transportation network company shall maintain such certification for not less than three years.