Code Section Group

Public Utilities Code - PUC

DIVISION 2. REGULATION OF RELATED BUSINESSES BY THE PUBLIC UTILITIES COMMISSION [3901 - 5513]

  ( Division 2 enacted by Stats. 1951, Ch. 764. )

CHAPTER 8. Charter-Party Carriers of Passengers [5351 - 5450]

  ( Chapter 8 added by Stats. 1961, Ch. 2146. )

ARTICLE 7. Transportation Network Companies [5430 - 5450]
  ( Article 7 added by Stats. 2014, Ch. 389, Sec. 1. )

5430.
  

Notwithstanding any other provision of this chapter, this article shall apply to transportation network companies.

(Added by Stats. 2014, Ch. 389, Sec. 1. (AB 2293) Effective January 1, 2015.)

5431.
  

For purposes of this article, the following terms have the following meanings:

(a) “Participating driver” or “driver” means any person who uses a vehicle in connection with a transportation network company’s online-enabled application or platform to connect with passengers.

(b) “Personal vehicle” means a vehicle that is used by a participating driver to provide prearranged transportation services for compensation that meets all of the following requirements:

(1) Has a passenger capacity of eight persons or less, including the driver.

(2) Is owned, leased, rented for a term that does not exceed 30 days, or otherwise authorized for use by the participating driver.

(3) Meets all inspection and other safety requirements imposed by the commission.

(4) Is not a taxicab or limousine.

(c) “Transportation network company” means an organization, including, but not limited to, a corporation, limited liability company, partnership, sole proprietor, or any other entity, operating in California that provides prearranged transportation services for compensation using an online-enabled application or platform to connect passengers with drivers using a personal vehicle.

(d) “Transportation network company insurance” means a liability insurance policy that specifically covers liabilities arising from a driver’s use of a vehicle in connection with a transportation network company’s online-enabled application or platform.

(e) “Zero-emission vehicle” has the same meaning as in Section 44258 of the Health and Safety Code.

(Amended by Stats. 2018, Ch. 369, Sec. 3. (SB 1014) Effective January 1, 2019.)

5431.5.
  

In addition to the definitions provided in Section 5431, the following terms have the following meanings:

(a) “Access provider” means an organization or entity that directly provides, or contracts with a separate organization or entity to provide, on-demand transportation to meet the needs of persons with disabilities.

(b) “Wheelchair accessible vehicle” or “WAV” means a vehicle equipped with a ramp or lift capable of transporting nonfolding motorized wheelchairs, mobility scooters, or other mobility devices.

(Added by Stats. 2018, Ch. 701, Sec. 2. (SB 1376) Effective January 1, 2019.)

5432.
  

(a) A transportation network company shall disclose in writing to participating drivers, as part of its agreement with those drivers, the insurance coverage and limits of liability that the transportation network company provides while the driver uses a vehicle in connection with a transportation network company’s online-enabled application or platform, and shall advise a participating driver in writing that the driver’s personal automobile insurance policy will not provide coverage because the driver uses a vehicle in connection with a transportation network company’s online-enabled application or platform.

(b) A transportation network company shall also disclose in writing to participating drivers, as part of its agreement with those drivers, that the driver’s personal automobile insurance policy will not provide collision or comprehensive coverage for damage to the vehicle used by the driver from the moment the driver logs on to the transportation network company’s online-enabled application or platform to the moment the driver logs off the transportation network company’s online-enabled application or platform.

(c) This section shall become operative on July 1, 2015.

(Added by Stats. 2014, Ch. 389, Sec. 1. (AB 2293) Effective January 1, 2015. Section operative July 1, 2015, by its own provisions.)

5433.
  

(a) A transportation network company and any participating driver shall maintain transportation network company insurance as provided in this section.

(b) The following requirements shall apply to transportation network company insurance from the moment a participating driver accepts a ride request on the transportation network company’s online-enabled application or platform until the driver completes the transaction on the online-enabled application or platform or until the ride is complete, whichever is later:

(1) Transportation network company insurance shall be primary and in the amount of one million dollars ($1,000,000) for death, personal injury, and property damage. The requirements for the coverage required by this subdivision may be satisfied by any of the following:

(A) Transportation network company insurance maintained by a participating driver.

(B) Transportation network company insurance maintained by a transportation network company.

(C) Any combination of subparagraphs (A) and (B).

(2) Transportation network company insurance coverage provided under this subdivision shall also provide for uninsured motorist coverage and underinsured motorist coverage in the amount of one million dollars ($1,000,000) from the moment a passenger enters the vehicle of a participating driver until the passenger exits the vehicle. The policy may also provide this coverage during any other time period, if requested by a participating driver relative to insurance maintained by the driver.

(3) The insurer, in the case of insurance coverage provided under this subdivision, shall have the duty to defend and indemnify the insured.

(4) A transportation network company may meet its obligations under this subdivision through a policy obtained by a participating driver pursuant to subparagraph (A) or (C) of paragraph (1) only if the transportation network company verifies that the policy is maintained by the driver and is specifically written to cover the driver’s use of a vehicle in connection with a transportation network company’s online-enabled application or platform.

(c) The following requirements shall apply to transportation network company insurance from the moment a participating driver logs on to the transportation network company’s online-enabled application or platform until the driver accepts a request to transport a passenger, and from the moment the driver completes the transaction on the online-enabled application or platform or the ride is complete, whichever is later, until the driver either accepts another ride request on the online-enabled application or platform or logs off the online-enabled application or platform:

(1) Transportation network company insurance shall be primary and in the amount of at least fifty thousand dollars ($50,000) for death and personal injury per person, one hundred thousand dollars ($100,000) for death and personal injury per incident, and thirty thousand dollars ($30,000) for property damage. The requirements for the coverage required by this paragraph may be satisfied by any of the following:

(A) Transportation network company insurance maintained by a participating driver.

(B) Transportation network company insurance maintained by a transportation network company that provides coverage in the event a participating driver’s insurance policy under subparagraph (A) has ceased to exist or has been canceled, or the participating driver does not otherwise maintain transportation network company insurance pursuant to this subdivision.

(C) Any combination of subparagraphs (A) and (B).

(2) A transportation network company shall also maintain insurance coverage that provides excess coverage insuring the transportation network company and the driver in the amount of at least two hundred thousand dollars ($200,000) per occurrence to cover any liability arising from a participating driver using a vehicle in connection with a transportation network company’s online-enabled application or platform within the time periods specified in this subdivision, which liability exceeds the required coverage limits in paragraph (1).

(3) The insurer providing insurance coverage under this subdivision shall be the only insurer having the duty to defend any liability claim arising from an accident occurring within the time periods specified in this subdivision.

(4) A transportation network company may meet its obligations under this subdivision through a policy obtained by a participating driver pursuant to subparagraph (A) or (C) of paragraph (1) only if the transportation network company verifies that the policy is maintained by the driver and is specifically written to cover the driver’s use of a vehicle in connection with a transportation network company’s online-enabled application or platform.

(d) Coverage under a transportation network company insurance policy shall not be dependent on a personal automobile insurance policy first denying a claim nor shall a personal automobile insurance policy be required to first deny a claim.

(e) In every instance where transportation network company insurance maintained by a participating driver to fulfill the insurance obligations of this section has lapsed or ceased to exist, the transportation network company shall provide the coverage required by this section beginning with the first dollar of a claim.

(f) This article shall not limit the liability of a transportation network company arising out of an automobile accident involving a participating driver in any action for damages against a transportation network company for an amount above the required insurance coverage.

(g) This section shall become operative on July 1, 2015.

(Added by Stats. 2014, Ch. 389, Sec. 1. (AB 2293) Effective January 1, 2015. Section operative July 1, 2015, by its own provisions.)

5434.
  

(a) Nothing in this section shall be construed to require a private passenger automobile insurance policy to provide primary or excess coverage during the period of time from the moment a participating driver in a transportation network company logs on to the transportation network company’s online-enabled application or platform until the driver logs off the online-enabled application or platform or the passenger exits the vehicle, whichever is later.

(b) During the period of time from the moment a participating driver in a transportation network company logs on to the transportation network company’s online-enabled application or platform until the driver logs off the online-enabled application or platform or the passenger exits the vehicle, whichever is later, all of the following shall apply:

(1) The participating driver’s or the vehicle owner’s personal automobile insurance policy shall not provide any coverage to the participating driver, vehicle owner, or any third party, unless the policy expressly provides for that coverage during the period of time to which this subdivision is applicable, with or without a separate charge, or the policy contains an amendment or endorsement to provide that coverage, for which a separately stated premium is charged.

(2) The participating driver’s or the vehicle owner’s personal automobile insurance policy shall not have the duty to defend or indemnify for the driver’s activities in connection with the transportation network company, unless the policy expressly provides otherwise for the period of time to which this subdivision is applicable, with or without a separate charge, or the policy contains an amendment or endorsement to provide that coverage, for which a separately stated premium is charged.

(c) Notwithstanding any other law, a personal automobile insurer may, at its discretion, offer an automobile liability insurance policy, or an amendment or endorsement to an existing policy, that covers a private passenger vehicle, station wagon type vehicle, sport utility vehicle, or similar type of vehicle with a passenger capacity of eight persons or less, including the driver, while used in connection with a transportation network company’s online-enabled application or platform only if the policy expressly provides for the coverage during the time period specified in subdivision (b), with or without a separate charge, or the policy contains an amendment or an endorsement to provide that coverage, for which a separately stated premium may be charged.

(d) This section shall become operative on July 1, 2015.

(Added by Stats. 2014, Ch. 389, Sec. 1. (AB 2293) Effective January 1, 2015. Section operative July 1, 2015, by its own provisions.)

5435.
  

In a claims coverage investigation, a transportation network company or its insurer shall cooperate with insurers that are involved in the claims coverage investigation to facilitate the exchange of information, including the provision of dates and times at which an accident occurred that involved a participating driver and the precise times that the participating driver logged on and off the transportation network company’s online-enabled application or platform.

(Added by Stats. 2014, Ch. 389, Sec. 1. (AB 2293) Effective January 1, 2015.)

5437.
  

A transportation network company shall not disclose to a third party any personally identifiable information of a transportation network company passenger unless one of the following applies:

(1) The customer knowingly consents.

(2) Pursuant to a legal obligation.

(3) The disclosure is to the commission in order to investigate a complaint filed with the commission against a transportation network company or a participating driver and the commission treats the information under confidentiality protections.

(Added by Stats. 2014, Ch. 389, Sec. 1. (AB 2293) Effective January 1, 2015.)

5438.
  

It is the intent of the Legislature that the Department of Insurance expedite review of any application for approval of transportation network company insurance products, and that these products become available for purchase on or before July 1, 2015.

(Added by Stats. 2014, Ch. 389, Sec. 1. (AB 2293) Effective January 1, 2015.)

5439.
  

Transportation network company insurance that meets the requirements of Section 5433 shall be deemed to satisfy the financial responsibility requirements of Sections 16054 and 16056 of the Vehicle Code.

(Added by Stats. 2014, Ch. 389, Sec. 1. (AB 2293) Effective January 1, 2015.)

5440.
  

The Legislature makes the following findings and declarations:

(a) The commission has initiated regulation of transportation network companies as a new category of charter-party carriers and continues to develop appropriate regulations for this new service.

(b) Given the rapidly evolving transportation network company service, it is the intent of the Legislature to continue ongoing oversight of the commission’s regulation of these services in order to enact legislation to adjust commission authority and impose specific requirements or prohibitions as deemed necessary as these services evolve.

(c) It is the intent of the Legislature that the commission initiate regulation of charter-party carriers in accordance with Section 5440.5 to ensure that transportation network company services do not discriminate against persons with disabilities, including those who use nonfolding mobility devices.

(d) Technology application-based ride hailing services, such as those services provided by transportation network companies (TNC), have impacted the lives of many people by reducing transportation barriers that limited access to jobs, health care, and society. However, more can be done to enable increased access to on-demand transportation services for people with disabilities, especially for persons using nonfolding motorized wheelchairs.

(e) The availability of transportation services, especially on-demand transportation service, can improve economic competitiveness and quality of life. Many individuals fulfill their transportation needs through vehicle ownership, public transit, carpooling, or walking and biking. However, transportation network companies or other application-based ride hailing services enable alternative, on-demand access to transportation.

(f) There exists a lack of wheelchair accessible vehicles (WAVs) available via TNC online-enabled applications or platforms throughout California. In comparison to standard vehicles available via TNC technology applications, WAVs have higher purchase prices, higher operating and maintenance costs, higher fuel costs, and higher liability insurance, and require additional time to serve riders who use nonfolding motorized wheelchairs.

(g) It is the intent of the Legislature that California be a national leader in the deployment and adoption of on-demand transportation options for persons with disabilities.

(h) It is the policy of the state to encourage collaboration among stakeholders and to promote partnerships to harness the expertise and strengths of all to serve the public interest.

(i) The Legislature further finds that adoption of services in communities that were previously underserved may take time, and requires robust dialogue, educational outreach, and partnerships to build trust in the new services.

(j) It is the intent of the Legislature that wheelchair users who need WAVs have prompt access to TNC services, and for the commission to facilitate greater adoption of wheelchair accessible vehicles on transportation network companies’ online-enabled applications or platforms.

(Amended by Stats. 2018, Ch. 701, Sec. 3. (SB 1376) Effective January 1, 2019.)

5440.5.
  

(a) As part of the regulation of transportation network companies (TNCs) referenced in subdivision (a) of Section 5440, the commission shall do all of the following:

(1) In a new or existing proceeding, establish a program relating to accessibility for persons with disabilities, including wheelchair users who need a wheelchair-accessible vehicle (WAV). This program shall include, but is not limited to, the following:

(A) By January 1, 2019, the commission shall begin conducting workshops with stakeholders, including California cities and counties, disability rights organizations, persons with disabilities, transportation and transit agencies, social service transportation providers, paratransit coordinating councils, and transportation network companies, in order to determine community WAV demand and WAV supply and to develop and provide recommendations regarding the establishment of geographic areas, criteria for Access Fund expenditures, and educational outreach objectives for programs for on-demand services and partnerships consistent with the requirements of this section. Workshops may also examine topics including, but not limited to, vehicle specifications, subsidies for wheelchair pickups, maintenance and fuel costs, designated pickup locations for drivers in locations where door-to-door service is not feasible, standards for trip requests, response times, and rider initiated cancellation, limiting of stranded users, integration of service into city and county transportation plans, or any necessary training or additional incentives for WAV drivers that results in a measurable impact on service availability, efficiency, and efficacy. The commission shall conduct a minimum of five workshops throughout the state.

(B) (i) The commission shall require each TNC by July 1, 2019, to pay on a quarterly basis to the commission an amount equivalent to, at minimum, 0.05 dollars ($0.05) for each TNC trip completed using the transportation network company’s online-enabled application or platform that originates in one of the geographic areas selected pursuant to subparagraph (D), except if the TNC meets the requirements of an exemption established by the commission pursuant to subparagraph (G). The commission may adjust the fee in each geographic area selected pursuant to subparagraph (D) to different levels based on the cost of providing adequate WAV service within the geographic area.

(ii) Each TNC shall charge its customers on each TNC trip completed the full amount of the per-trip fee established pursuant to this subparagraph, and remit the total amount of those fees charged to the commission each quarter. The commission shall authorize a TNC to offset against the amounts due pursuant to this subparagraph for a particular quarter the amounts spent by the TNC during that quarter to improve WAV service on its online-enabled application or platform for each geographic area and thereby reduce the amount required to be remitted to the commission. In order to offset amounts due pursuant to this subparagraph in a geographic area, the commission shall require a TNC, at a minimum, to demonstrate, in the geographic area, the presence and availability of drivers with WAVs on its online-enabled application or platform, improved level of service, including reasonable response times, due to those investments for WAV service compared to the previous quarter, efforts undertaken to publicize and promote available WAV services to disability communities, and a full accounting of funds expended.

(C) The commission shall create the TNC Access for All Fund (Access Fund) and deposit moneys collected pursuant to subparagraph (B) in the Access Fund. The commission shall distribute funds in the Access Fund on a competitive basis to access providers that establish on-demand transportation programs or partnerships to meet the needs of persons with disabilities, including wheelchair users who need a WAV, in the geographic areas selected pursuant to subparagraph (D).

(D) The commission shall select geographic areas, which shall be based on the demand for WAVs within the area and selected according to outcomes of workshops in subparagraph (A), for inclusion in the on-demand transportation programs or partnerships funded pursuant to subparagraph (C). The commission shall allocate moneys in the Access Fund for use in each geographic area in a manner that is proportional to the percent of the Access Fund fees originating in that geographic area.

(E) The commission shall request access providers to submit applications to receive funds pursuant to subparagraph (C) by April 1, 2020. The commission may accept applications for new on-demand transportation programs or partnerships any time after April 1, 2020. From the applications that are submitted, the commission shall select by July 1, 2020, on-demand transportation programs or partnerships to receive funding based on criteria adopted by the commission in consultation with stakeholders described in subparagraph (A). As part of the criteria, the commission shall require an access provider to demonstrate in its application, at a minimum, how the program or partnership improves response times for WAV service compared to the previous year, the presence and availability of WAVs within the geographic area, and efforts undertaken to publicize and promote available WAV services to disability communities.

(F) The commission shall distribute funds pursuant to subparagraph (E) in the Access Fund within 90 days following the end of each year. If no access provider meets the requirements, funds shall remain in the Access Fund and be distributed the next year.

(G) The commission shall require each transportation network company to be accessible to persons with disabilities in order to be exempt from paying the charge required pursuant to subparagraph (B). The commission shall adopt a designated level of WAV service that is required to be met in each geographic area via a TNC’s online-enabled application or platform in order for the TNC to be exempt from paying the fee required pursuant to subparagraph (B) for the next year in that geographic area. As part of the designated level of WAV service for each geographic area, the commission shall require a TNC, at a minimum, to have response times for 80 percent of WAV trips requested via the TNC’s online-enabled application or platform within a time established by the commission for that geographic area. If a TNC meets the WAV service level requirement established pursuant to this subparagraph in a geographic area selected pursuant to subparagraph (D) for a particular year, the TNC is exempt from paying the fee imposed pursuant to subparagraph (B) for the next year for that geographic area only. A TNC may provide a higher level of service than the minimum service level requirement designated by the commission.

(H) A TNC may meet the requirements of clause (ii) of subparagraph (B) and subparagraph (G) by facilitating WAV service through its online-enabled application or platform, by directly providing WAV service with vehicles that it owns, or by a contract to provide WAV service with a transportation provider, or by any combination of these methods.

(I) Within 30 days after the end of each quarter beginning after July 1, 2020, a transportation network company that receives an offset pursuant to clause (ii) of subparagraph (B) or an access provider that receives funding pursuant to subparagraph (C) shall submit a report to the commission. The report shall include, but shall not be limited to, all of the following:

(i) The number of WAV rides requested.

(ii) The number of WAV rides fulfilled.

(iii) Data detailing the response time between when a WAV ride was requested and when the vehicle arrived.

(iv) Information regarding educational outreach to disability communities, including, but not limited to, information and promotion of availability of WAVs for wheelchair users.

(v) A detailed description of expenditures or investments, as applicable.

(J) The commission shall establish yearly benchmarks for TNCs and access providers to meet to ensure WAV users receive continuously improved, reliable, and available service. These benchmarks shall include, but are not limited to, response times, percentage of trips fulfilled versus trips requested, and number of users requesting rides versus community WAV demand for each geographic area.

(K) The commission shall authorize no more than 2 percent of existing funds collected from TNCs pursuant to Section 421 and deposited into the Public Utilities Commission Transportation Reimbursement Account to be distributed to accessibility advocates who provide a substantial contribution to the proceeding initiated pursuant to this section, and only for the duration of the commission proceeding initiated pursuant to this section. These funds may only be distributed to advocates for accessible transportation or representatives of a group whose membership uses accessible transportation. The commission shall distribute funds pursuant to this subparagraph in a manner consistent with the requirements of Sections 1803 to 1808, inclusive. The commission shall not increase the fees authorized pursuant to Section 421 in order to fulfill the requirements of this subparagraph. Nothing in this subparagraph is intended to allow parties to obtain intervenor compensation for other transportation proceedings at the commission.

(2) (A) Report to the Legislature by January 1, 2024, on compliance with the section and on the effectiveness of the on-demand transportation programs or partnerships funded pursuant to this section. The report shall include, but not be limited to, all of the following:

(i) A study on the demand for WAVs, including demand according to time of day and geographic area.

(ii) An analysis of the reports required to be submitted by access providers receiving funding pursuant to paragraph (1).

(iii) The availability of unallocated funds in the Access Fund, including the need to reassess Access Fund allocations.

(iv) An analysis of current program capabilities and deficiencies, and recommendations to overcome any identified deficiencies.

(B) The report required by this paragraph shall be submitted to the Legislature in compliance with Section 9795 of the Government Code.

(3) Create a working group with stakeholders described in subparagraph (A) of paragraph (1) to examine the variety of agencies, localities, and programs that provide transportation services for persons with disabilities, including passenger stage carriers and charter-party carriers within the commission’s jurisdiction, in order to evaluate ways to partner with those agencies to provide services to disabled persons in a nonduplicative, nondiscriminatory, and more efficient manner.

(b) Notwithstanding Section 13340 of the Government Code, moneys deposited in the TNC Access for All Fund created pursuant to subparagraph (C) of paragraph (1) of subdivision (a) are continuously appropriated to the commission without regard to fiscal years for purposes of the program established pursuant to this section.

(c) The commission may hire an independent entity to administer the program established pursuant to subdivision (a) and to complete the report required pursuant to paragraph (2) of subdivision (a).

(d) Nothing in this section shall limit the rights of any person to pursue any remedies or causes of action that they may have under any state or federal law to enforce compliance with those laws or the obligations stated in this section. Nothing in this section shall be construed to expand or limit any obligations, if any, of a transportation network company under existing state or federal disability access laws.

(e) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

(Added by Stats. 2018, Ch. 701, Sec. 4. (SB 1376) Effective January 1, 2019. Repealed as of January 1, 2026, by its own provisions.)

5441.
  

The Legislature does not intend, and nothing in this article shall be construed, to prohibit the commission from exercising its rulemaking authority in a manner consistent with this article, or to prohibit enforcement activities related to transportation network companies.

(Added by Stats. 2014, Ch. 389, Sec. 1. (AB 2293) Effective January 1, 2015.)

5442.
  

A participating driver of a transportation network company shall carry proof of transportation network company insurance coverage with him or her at all times during his or her use of a vehicle in connection with a transportation network company’s online-enabled application or platform. In the event of an accident, a participating driver shall provide this insurance coverage information to any other party involved in the accident, and to a police officer, upon request.

(Added by Stats. 2014, Ch. 389, Sec. 1. (AB 2293) Effective January 1, 2015.)

5443.
  

Notwithstanding Section 11580.9 of the Insurance Code, or any other law affecting whether one or more policies of insurance that may apply with respect to an occurrence is primary or excess, this article determines the obligations under insurance policies issued to transportation network companies and, if applicable, drivers using a vehicle in connection with a transportation network company’s online-enabled application or platform.

(Added by Stats. 2014, Ch. 389, Sec. 1. (AB 2293) Effective January 1, 2015.)

5444.
  

Notwithstanding any limitations contained in Section 1808.1 of the Vehicle Code, a transportation network company is eligible to participate and shall participate in the pull-notice system established pursuant to Section 1808.1 of the Vehicle Code to regularly check the driving records of a participating driver regardless of whether the participating driver is an employee or an independent contractor of the transportation network company.

(Added by Stats. 2015, Ch. 791, Sec. 1. (AB 1422) Effective January 1, 2016.)

5445.1.
  

A transportation network company shall provide all of the following information to a passenger on its online-enabled application or platform at the time the passenger is matched with a transportation network company driver:

(a) The transportation network company driver’s first name and a picture of the driver.

(b) An image of the make and model of the transportation network company driver’s vehicle.

(c) The license plate number of the transportation network company driver’s vehicle.

(Added by Stats. 2018, Ch. 286, Sec. 1. (AB 2986) Effective January 1, 2019.)

5445.2.
  

(a) (1) A transportation network company shall conduct, or have a third party conduct, a local and national criminal background check for each participating driver that shall include both of the following:

(A) The use of a multistate and multijurisdiction criminal records locator or other similar commercial nationwide database with validation.

(B) A search of the United States Department of Justice National Sex Offender Public Web site.

(2) A transportation network company shall not contract with, employ, or retain a driver if he or she meets either of the following criteria:

(A) Is currently registered on the United States Department of Justice National Sex Offender Public Web site.

(B) Has been convicted of any of the following offenses:

(i) A violent felony, as defined in Section 667.5 of the Penal Code.

(ii) A violation of Section 11413, 11418, 11418.5, or 11419 of the Penal Code.

(3) A transportation network company shall not contract with, employ, or retain a driver if he or she has been convicted of any of the following offenses within the previous seven years.

(A) Misdemeanor assault or battery.

(B) A domestic violence offense.

(C) Driving under the influence of alcohol or drugs.

(D) A felony violation of Section 18540 of the Elections Code, or of Section 67, 68, 85, 86, 92, 93, 137, 138, 165, 518, 530, or 18500 of, subdivision (a) of Section 484 of, subdivision (a) of Section 487 of, or subdivision (b) of Section 25540 of, the Penal Code.

(4) Paragraphs (2) and (3) apply with respect to a conviction of any offense committed in another jurisdiction that includes all of the elements of any of the offenses described or defined in those paragraphs.

(5) This section shall not be interpreted to prevent a transportation network company from imposing additional standards.

(b) A transportation network company that violates, or fails to comply with, this section is subject to a penalty of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000) for each offense.

(c) (1) Notwithstanding Section 1786.12 of the Civil Code, an investigative consumer reporting agency may furnish an investigative consumer report to a transportation network company about a person seeking to become a participating driver, regardless of whether the participating driver is to be an employee or an independent contractor of the transportation network company.

(2) Paragraph (7) of subdivision (a) of Section 1786.18 of the Civil Code does not apply to an investigative consumer report furnished to a transportation network company pursuant to paragraph (1).

(Amended by Stats. 2017, Ch. 561, Sec. 220. (AB 1516) Effective January 1, 2018.)

5445.3.
  

(a) A participating driver is required to possess either of the following:

(1) A valid driver’s license issued by the State of California.

(2) (A) In the case of a nonresident active duty military member or a nonresident dependent of an active duty military member, a valid driver’s license issued by the other state or territory of the United States in which the member or dependent is a resident.

(B) A transportation network company shall comply with the provisions of Section 5445.2 and obtain and review the driving history report from the state or territory of the United States that issued the individual’s driver’s license before permitting a nonresident active duty military member or a nonresident dependent of an active duty military member to act as a participating driver and shall ensure that the driver satisfies all requirements applicable to participating drivers, including, but not limited to, the regulations of the commission and the applicable requirements of the Vehicle Code.

(b) A transportation network company shall notify all participating drivers of the applicability of the Vehicle Code and of the code’s availability, including, in particular, Sections 23123 and 23123.5 (relating to the hands-free device laws), Section 21760 (the “Three Feet for Safety Act), and Section 22454 (relating to rules of the road relating to schoolbuses), of the Vehicle Code, to all participating drivers, either on the transportation network company’s Internet Web site or on its application.

(Added by Stats. 2018, Ch. 511, Sec. 1. (SB 1080) Effective January 1, 2019.)

5446.
  

(a) Notwithstanding any other law, the City and County of San Francisco may impose a tax on each ride originating in the City and County of San Francisco provided by a participating driver in an amount not to exceed the following:

(1) One and one-half percent of net rider fares for a shared ride in which, prior to commencement of the ride, a passenger requests through the transportation network company’s online-enabled application or platform to share the ride with one or more passengers and each passenger is charged a fare that is calculated, in whole or in part, based on the passenger’s request to share all or part of the ride with one or more passengers, regardless of whether the passenger actually shares all or part of the ride.

(2) Three and one-quarter percent of the net rider fare for a ride other than a ride described in paragraph (1).

(b) Notwithstanding any other law, the City and County of San Francisco may impose a tax on each ride originating in the City and County of San Francisco provided by an autonomous vehicle, whether facilitated by a transportation network company or any other person, in an amount not to exceed the following:

(1) One and one-half percent of net rider fares for a shared ride in which, prior to commencement of the ride, a passenger requests to share the ride with one or more passengers and each passenger is charged a fare that is calculated, in whole or in part, based on the passenger’s request to share all or part of the ride with one or more passengers, regardless of whether the passenger actually shares all or part of the ride.

(2) Three and one-quarter percent of the net rider fare for a ride other than a ride described in paragraph (1).

(c) Notwithstanding subdivisions (a) and (b), the City and County of San Francisco may set a lower tax rate for net rider fares for a ride originating in the City and County of San Francisco provided by a zero-emission vehicle to further incentivize deployment of zero-emission vehicles.

(d) For purposes of this section, “net rider fare” means all charges for a ride, including, but not limited to, charges based on time or distance, or both, and excluding any additional charges such as taxes, airport or venue fees, or fees imposed by the commission.

(e) Moneys collected by the City and County of San Francisco pursuant to this section shall be dedicated to fund transportation operations and infrastructure within the City and County of San Francisco.

(f) A tax imposed pursuant to this section shall be subject to applicable voter approval requirements imposed by law.

(g) A tax imposed pursuant to this section shall expire no later than November 5, 2045.

(Added by Stats. 2018, Ch. 644, Sec. 2. (AB 1184) Effective January 1, 2019.)

5450.
  

(a) (1) The program established pursuant to this section shall be known as the California Clean Miles Standard and Incentive Program.

(2) For purposes of this section, “board” means the State Air Resources Board.

(3) This section applies to transportation providers regulated by the commission that provide prearranged transportation services for compensation using an online-enabled application or platform to connect passengers, including autonomous vehicles, charter-party carriers, and new modes of ridesharing technology that may arise through innovation and subsequent regulation.

(b) (1) By January 1, 2020, the board shall establish a baseline for emissions of greenhouse gases for vehicles used on the online-enabled applications or platforms by transportation network companies on a per-passenger-mile basis. For purposes of this section, emissions per-passenger-mile traveled means the estimated emissions from all vehicles miles traveled in periods 1, 2, and 3, as those terms are used by the commission, including miles driven with no passenger in the vehicles, divided by the total number of passenger miles resulting from transport by those vehicles in period 3, including facilitation of walking, biking, and other modes of active or zero-emission transportation. The board shall use 2018 as the baseline year.

(2) By January 1, 2021, the board shall adopt, and the commission shall implement, annual targets and goals, beginning in 2023, for the reduction under the baseline established pursuant to paragraph (1) of emissions of greenhouse gases per passenger-mile driven on behalf of a transportation network company. These targets and goals shall include annual goals for increasing passenger-miles traveled using zero-emission vehicles. These targets and goals shall be consistent with the Zero-Emission Vehicle Action Plan, be consistent with the stated goals detailed in Executive Order B-48-18, be technically and economically feasible, and be based upon data reported by the transportation network companies to the commission.

(3) The data required of transportation network companies to determine average emissions of greenhouse gases per passenger-mile to be calculated by the board and commission shall include, but is not limited to, all of the following:

(A) The total miles completed by drivers.

(B) The percent share of miles completed by qualified zero-emission means, including miles completed by vehicle, walking, biking, other modes of active transportation, and zero-emission vehicles.

(C) Miles-weighted average network-wide grams of carbon dioxide per mile to produce an estimate of the emissions of greenhouse gases.

(D) Total passenger-miles completed using an average passengers-per-trip estimate to account for trips where exact passenger head count data was not captured.

(4) The board shall delay adoption, and the commission shall delay implementation, of the targets and goals pursuant to paragraph (2) if the board or commission finds that unanticipated barriers exist to expanding the usage of zero-emission vehicles by transportation network companies. The board and commission shall review the available data related to barriers to expanding the usage of zero-emission vehicles by transportation network companies no less often than every two years, including data relative to current and future electric transportation adoption rates and charging infrastructure utilization rates.

(c) By January 1, 2022, and every two years thereafter, each transportation network company shall develop a greenhouse gas emissions reduction plan. A transportation network company greenhouse gas emissions reduction plan shall include proposals on how to meet the targets and goals for reducing emissions of greenhouse gases established pursuant to subdivision (b) based upon the following:

(1) Increased proportion of participating drivers with zero-emission vehicles using transportation network companies.

(2) Increased proportion of vehicle-miles completed by zero-emission vehicles relative to all vehicle-miles.

(3) Decreased gram-per-mile greenhouse gas emissions rates.

(4) Increased passenger-miles in proportion to overall vehicle-miles.

(d) In implementing this section, the commission, the board, and the Energy Commission shall ensure that ongoing state planning efforts and funding programs that are intended to accelerate the adoption of zero-emission vehicles and charging infrastructure shall consider the goals of the California Clean Miles Standard and Incentive Program. The commission shall additionally do all the following:

(1) Ensure minimal negative impact on low-income and moderate-income drivers.

(2) Ensure that the program complements and supports the sustainable land-use objectives contained in Section 65080 of the Government Code.

(3) Support the goals of clean mobility for low- and moderate-income individuals.

(4) Advance the goals of the California Clean Miles Standard and Incentive Program in reviewing utility transportation electrification applications filed pursuant to subdivision (b) of Section 740.12 and encourage collaboration between electric vehicle charging companies, investor-owned utilities, fleet owners that provide vehicles by contract to participating drivers for use on transportation network company platforms, entities contracting with participating drivers to provide zero-emission vehicles for use on transportation network company platforms, and transportation network companies on investments that would support the California Clean Miles Standard and Incentive Program, consistent with subdivision (b) of Section 740.12 and Executive Order B-48-18.

(Added by Stats. 2018, Ch. 369, Sec. 4. (SB 1014) Effective January 1, 2019.)

PUCPublic Utilities Code - PUC