A5076

An Act requiring transportation network companies to provide a live customer service representative and certain notification to riders 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) a. A transportation network company shall promptly provide a transportation network company rider with electronic notification when:

(1) information associated with the account the rider maintains with the transportation network company is updated, including when a change is made to the password, email address, or telephone number associated with the rider’s account; and

(2) the account the rider maintains with the transportation network company has been used to request or take an unusual number or frequency of prearranged rides or has been used to request or take prearranged rides that deviates substantially from an historic pattern of prearranged rides requested or taken by the rider.

b. Notification shall be provided to the transportation network company rider no later than 48 hours after one of the circumstances in subsection a. has occurred.

c. A transportation network company shall make available to a transportation network company rider a live customer service representative of the transportation network company that a rider may contact 24 hours a day through the transportation network company’s digital network, by telephone, or by other electronic means to:

(1) resolve issues pertaining to changes made to information associated with the account the rider maintains with the transportation network company, including a change made to the password, email address, or telephone number associated with the rider’s account; and

(2) dispute charges for prearranged rides that the rider did not request or take.

d. A transportation network company shall annually submit to the New Jersey Motor Vehicle Commission a written description of how the transportation network company will comply with the notification requirements established pursuant to this section.

2. Section 4 of P.L.2017, c.26 (C.39:5H-4) is amended to read as follows:

4. a. The commission shall issue a transportation network company a permit to allow for the lawful operation of a transportation network company in this State upon receipt of the following information:

(1) proof of insurance as required pursuant to section 10 of P.L.2017, c.26 (C.39:5H-10);

(2) proof that the transportation network company is registered as a business in this State;

(3) a written description of the transportation network company's zero tolerance policy, as required by section 14 of P.L.2017, c.26 (C.39:5H-14);

(4) a written description of the transportation network company's policy of non-discrimination, as required by section 15 of P.L.2017, c.26 (C.39:5H-15); [and]

(5) a written description of how the transportation network company will comply with the criminal background check requirements pursuant to section 17 of P.L.2017, c.26 (C.39:5H-17); and

(6) a written description of how the transportation network company will comply with the notification requirements pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).

b. A transportation network company shall pay an initial and annual permit fee of $25,000.

c. The commission may revoke the permit, after notice and a hearing, if the transportation network company fails to comply with the provisions of P.L.2017, c.26 (C.39:5H-1 et seq.) and any amendments or supplements thereto.

d. A transportation network company shall not operate in this State prior to obtaining a permit from the commission; except that, any transportation network company registered as a business in the State or operating in the State prior to the effective date of P.L.2017, c.26 (C.39:5H-1 et seq.) may continue to operate in this State until the commission issues a written decision regarding the transportation network company's permit application, provided that the transportation network company has conducted a driving record check of each driver that logs on to the transportation network company's digital network as a driver and provides to the commission proof of insurance required pursuant to section 10 of P.L.2017, c.26 (C.39:5H-10).

e. A transportation network company registered as a business in the State or operating in the State prior to the effective date of P.L.2017, c.26 (C.39:5H-1 et seq.) shall apply to the commission for a permit pursuant to this section on or before the 30th day after the commission begins accepting permit applications.

f. A transportation network company that operates without a permit in violation of this section shall be subject to a penalty of $500. Actions to impose a penalty under this subsection shall be brought, and the penalty shall be collected, in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court shall have jurisdiction to hear any action brought pursuant to this subsection. All penalties collected pursuant to this subsection shall be forwarded as provided in R.S.39:5-40 and subsection b. of R.S.39:5-41. If the violation is of a continuing nature, each day during which it continues shall constitute an additional, separate, and distinct offense.

(cf: P.L.2017, c.26, s.4)

3. This act shall take effect immediately.

STATEMENT

This bill requires a transportation network company (TNC) to promptly notify a TNC rider (rider) by electronic means when information associated with the account the rider maintains with the TNC is updated, including when a change is made to the password, email address, or telephone number associated with the rider’s account. A TNC is also to provide electronic notification to a rider when the account the rider maintains with the TNC has been used to request or take an unusual number or frequency of prearranged rides or has been used to request or take prearranged rides that deviates substantially from an historic pattern of prearranged rides requested or taken by the rider. The bill requires a TNC to notify a rider no later than 48 hours after one of these circumstances has occurred.

A TNC is required to submit to the New Jersey Motor Vehicle Commission (MVC) a written description of how the TNC will comply with these notification requirements in order to be issued a TNC permit to lawfully operate in the State. A TNC is also required to submit the written description to the MVC on an annual basis.

The bill requires a TNC to make available to riders a live customer service representative of the transportation network company that a rider may contact 24 hours a day to resolve issues pertaining to changes made to information associated with the account the rider maintains with the TNC and to dispute charges for prearranged rides that the rider did not request or take.