Arizona Laws 28-9554. Zero-tolerance policy; drug and alcohol use by driver; passenger complaints
A. A transportation network company shall implement a zero-tolerance policy on the use of drugs and alcohol while a transportation network company driver is providing transportation network services or is logged in to the digital network or software application but is not providing transportation network services. The transportation network company shall provide notice of this policy on its website, including procedures to file a complaint about a transportation network company driver with whom a passenger was matched and who the passenger reasonably suspects was under the influence of drugs or alcohol during the course of the trip.
Terms Used In Arizona Laws 28-9554
- Alcohol: means any substance containing any form of alcohol, including ethanol, methanol, propynol and isopropynol. See Arizona Laws 28-101
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Department: means the department of transportation acting directly or through its duly authorized officers and agents. See Arizona Laws 28-101
- Digital network or software application: means any online-enabled application, software, website or system that is offered or used by a transportation network company and that enables a potential passenger to arrange a ride with a transportation network company driver. See Arizona Laws 28-9551
- Driver: means a person who drives or is in actual physical control of a vehicle. See Arizona Laws 28-101
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Transportation network company: means an entity that has been issued a permit pursuant to this article, that operates in this state, that uses a digital network or software application to connect passengers to transportation network services provided by transportation network company drivers and that may but is not deemed to own, operate or control a personal motor vehicle of a transportation network company driver. See Arizona Laws 28-9551
- Transportation network company driver: means an individual who receives connections to potential passengers and related services from a transportation network company in exchange for payment of a fee to the transportation network company and who operates a motor vehicle that is both of the following:
(a) Owned, leased or otherwise authorized for use by the individual. See Arizona Laws 28-9551
- Transportation network services: means the transportation of a passenger between points chosen by the passenger and arranged with a transportation network company driver through the use of a transportation network company's digital network or software application beginning when a transportation network company driver accepts a request for transportation network services received through the transportation network company's digital network or software application, continuing while the transportation network company driver provides transportation network services in a transportation network company vehicle and ending when the passenger exits the transportation network company vehicle or when the trip is canceled. See Arizona Laws 28-9551
B. On receipt of a passenger complaint alleging a violation of the zero-tolerance policy, the transportation network company shall do both of the following:
1. Immediately suspend the transportation network company driver’s access to the transportation network company’s digital network or software application.
2. Conduct an investigation into the filed complaint. The suspension shall last the duration of the investigation.
C. If the transportation network company’s investigation confirms that the transportation network company driver has violated this section, the transportation network company shall permanently deactivate the driver’s access to the transportation network company’s digital network or software application. The transportation network company shall maintain enforcement records for at least two years after the date a passenger complaint is received by the transportation network company and make the records available to the department on request.