Connecticut Seal

General Assembly

 

Substitute Bill No. 7126

    January Session, 2017

 

*_____HB07126INS___031617____*

AN ACT CONCERNING MOTOR VEHICLES IN LIVERY SERVICE, TAXICABS AND TRANSPORTATION NETWORK COMPANIES.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective January 1, 2018) As used in this section and sections 2, 3, 4, 5, 12 and 16 of this act:

(1) "Digital network" means any online-enabled technology application service, Internet web site or system offered or utilized by a transportation network company that enables a transportation network company to provide for a prearranged ride.

(2) "Motor vehicle" has the same meaning as provided in section 14-1 of the general statutes.

(3) "Motor vehicle in livery service" has the same meaning as provided in section 13b-101 of the general statutes, as amended by this act.

(4) "Passenger motor vehicle" has the same meaning as provided in section 14-1 of the general statutes.

(5) "Prearranged ride" means transportation by a transportation network company driver of a transportation network company rider, beginning when the transportation network company driver accepts a request from the transportation network company rider through a digital network, continuing while the transportation network company driver transports the transportation network company rider and ending when the transportation network company rider exits the transportation network company vehicle. A "prearranged ride" does not include transportation by (A) a taxicab, motor vehicle in livery service or other for-hire motor vehicle, (B) a shared expense carpool or vanpool, or (C) any other transportation service in which a driver receives a fee that does not exceed the costs incurred by the driver in providing such transportation.

(6) "Taxicab" has the same meaning as provided in section 13b-95 of the general statutes, as amended by this act.

(7) "Transportation network company" means a company, including a corporation, partnership, trust, association, sole proprietorship or similar organization, operating in this state that uses a digital network to connect transportation network company riders to transportation network company drivers. "Transportation network company" does not include a taxicab owner, motor vehicle in livery service owner or other for-hire transportation service owner.

(8) "Transportation network company driver" means an individual who is not an employee of a transportation network company, but who uses a digital network and a transportation network company vehicle to provide a prearranged ride and related services to a transportation network company rider.

(9) "Transportation network company rider" means an individual who uses a digital network to connect to a transportation network company driver and receives a prearranged ride.

(10) "Transportation network company vehicle" means a passenger motor vehicle owned, leased or otherwise used by a transportation network company driver while such driver is using such passenger motor vehicle to provide a prearranged ride. "Transportation network company vehicle" does not include a taxicab or motor vehicle in livery service.

Sec. 2. (NEW) (Effective January 1, 2018) (a) On and after July 1, 2018, each transportation network company shall register annually with the Commissioner of Transportation on a form prescribed by the commissioner. The commissioner shall design a registration form to include: (1) The transportation network company's name, business address and telephone number; (2) if the company is registered in another state, the name, address and telephone number of the company's agent for service of process in this state; (3) the name, address and telephone number of a person at the company who will serve as the main contact person for the commissioner; and (4) information sufficient to demonstrate, to the commissioner's satisfaction, that the company is in compliance with the provisions of this section and sections 3 to 5, inclusive, of this act. Each registrant shall submit with each registration form filed under this section a nonrefundable registration fee of five thousand dollars.

(b) (1) Each transportation network company shall display to each potential transportation network company rider through its digital network a picture of the transportation network company driver and the license plate number of the transportation network company vehicle that will be used to provide the prearranged ride before the transportation network company rider enters the transportation network company vehicle.

(2) A transportation network company driver shall display on a transportation network company vehicle a consistent and distinctive removable logo, insignia or emblem at all times when the transportation network company driver is providing a prearranged ride. Such logo, insignia or emblem shall be: (A) Sufficiently large so as to be readable during daylight hours at a distance of at least fifty feet; and (B) reflective, illuminated or otherwise visible in darkness.

(c) (1) A transportation network company may charge a fare to a transportation network company rider for a prearranged ride if the transportation network company discloses to the transportation network company rider through its digital network: (A) The fare calculation method; and (B) an option to receive an estimated fare before a prearranged ride.

(2) Within a reasonable period of time following the completion of a prearranged ride, a transportation network company shall transmit an electronic receipt to the transportation network company rider on behalf of the transportation network company driver that lists: (A) The origin and destination of the prearranged ride; (B) the total time and distance of the prearranged ride; and (C) an itemization of the total fare paid, if any.

(3) (A) For the purposes of this subdivision, "dynamic pricing" means offering a prearranged ride at a price that changes according to the level of supply or demand for prearranged rides.

(B) If a transportation network company elects to implement dynamic pricing, the transportation network company, through its digital network, shall: (i) Provide notice to a potential transportation network company rider that dynamic pricing is in effect prior to such transportation network company rider requesting a prearranged ride; (ii) include a feature that requires a potential transportation network company rider to confirm that he or she understands that dynamic pricing will be applied before such request for a prearranged ride may be processed; and (iii) provide a fare estimator that enables the potential transportation network company rider to estimate the cost of such prearranged ride under dynamic pricing prior to requesting such prearranged ride.

(C) Notwithstanding the provisions of subparagraph (B) of this subdivision, during the period of any emergency declared by the Governor or President of the United States, as described in section 42-230 of the general statutes, no transportation network company shall increase the price of a prearranged ride to more than two and one-half times the usual price charged for such prearranged ride at any other time.

(d) (1) A transportation network company shall adopt a policy of nondiscrimination on the basis of age, color, creed, intellectual or physical disability, national origin, race, religious belief or affiliation, sex, sexual orientation, gender identity or ride destination with respect to transportation network company riders and potential transportation network company riders, and shall notify all transportation network company drivers who use the company's digital network of such policy.

(2) A transportation network company shall provide a potential transportation network company rider with an opportunity to indicate whether the potential transportation network company rider requires a transportation network company vehicle that is accessible by wheelchair. If a transportation network company cannot arrange for a wheelchair-accessible transportation network company vehicle to provide a prearranged ride, the company shall direct the potential transportation network company rider to an alternate provider of wheelchair-accessible transportation, if available.

(e) A transportation network company shall maintain: (1) Individual trip records for at least three years after the date a prearranged ride was provided; and (2) transportation network company driver records for at least one year following the date on which a transportation network company driver last accessed the company's digital network to provide a prearranged ride.

(f) The Commissioner of Transportation or the commissioner's designee, upon reasonable notice and not more than twice a year, may audit the records maintained by a transportation network company pursuant to subsection (e) of this section. Each such audit shall occur at a transportation network company's place of business or at a location in this state jointly selected by the commissioner and the transportation network company. The commissioner shall not require a transportation network company to disclose information tending to identify any transportation network company driver or transportation network company rider. Any information collected during an audit shall be confidential. Except for law enforcement purposes or pursuant to a court order, the commissioner shall not disclose to a third party any records or information disclosed by a transportation network company during an audit, and such records and information shall not be subject to the Freedom of Information Act, as defined in section 1-200 of the general statutes.

(g) A transportation network company shall not disclose any transportation network company rider's personally identifiable information except pursuant to the publicly disclosed terms of the company's privacy policy, if any. For any disclosure not governed by a transportation network company's privacy policy, the company must obtain a transportation network company rider's consent before the company may disclose the rider's personally identifiable information to any third party.

(h) A transportation network company driver shall not transport, nor shall any transportation network company require that a transportation network company driver transport, any transportation network company rider for more than sixteen consecutive hours within any twenty-four-hour period.

(i) Neither a transportation network company nor a transportation network company driver is a common carrier, contract carrier or motor carrier, nor do they provide taxicab or motor vehicle in livery services. Neither the Commissioner of Transportation nor the Commissioner of Motor Vehicles shall require a transportation network company driver to: (1) Obtain a commercial driver's license or commercial driver's instruction permit pursuant to section 14-44c of the general statutes; or (2) register such driver's transportation network company vehicle as a commercial vehicle.

(j) The Commissioner of Transportation shall adopt regulations, in accordance with chapter 54 of the general statutes, to implement the provisions of this section.

Sec. 3. (NEW) (Effective January 1, 2018) (a) Prior to permitting an individual to act as a transportation network company driver on its digital network, a transportation network company shall: (1) Require the individual to submit an application to the company that includes information regarding the individual's name, address, age, operator's license number, as described in section 14-1 of the general statutes, driving history record and motor vehicle registration; (2) conduct, or have a third-party consumer reporting agency regulated under the federal Fair Credit Reporting Act conduct, a local, state and national criminal history check, including a search of local, 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 (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 providing 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 providing a prearranged ride.

(b) No transportation network company shall permit an individual to act as a transportation network company driver on its digital network if such individual: (1) Has, during the three years prior to the date of such individual's application to be a transportation network company driver, (A) more than three moving violations, as defined in section 14-111g of the general statutes, (B) one or more serious traffic violations, as defined in section 14-1 of the general statutes, or (C) had his or her license suspended pursuant to section 14-227b of the general statutes; (2) has been convicted, within seven years prior to the date of such individual's application to be a transportation network company driver, of driving under the influence of drugs or alcohol, fraud, sexual assault, use of a motor vehicle to commit a felony, acts of violence or acts of terror; (3) is listed in the state registry maintained pursuant to chapter 969 of the general statutes or the Internet web site maintained by the United States Department of Justice; (4) does not possess a valid operator's license; (5) does not possess proof of registration for each passenger motor vehicle such individual proposes to use as a transportation network company vehicle; or (6) is not at least nineteen years of age.

(c) 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, intellectual or physical disability, national origin, race, religious belief or affiliation, sex, sexual orientation, gender identity or ride destination; (2) comply with all applicable laws relating to transportation of service animals; (3) not impose additional charges for providing prearranged rides to persons with physical disabilities because of such disabilities or related accommodations; and (4) not solicit or accept a trip other than a prearranged ride.

(d) (1) A transportation network company shall implement a zero- tolerance policy on the use of drugs or alcohol while a transportation network company driver is providing a prearranged ride, or is connected to the company's digital network. Such company shall provide notice of its zero-tolerance policy on its Internet web site, and include procedures for a transportation network company rider to report a complaint about a transportation network company driver whom the transportation network company rider reasonably suspects was under the influence of drugs or alcohol while providing a prearranged ride.

(2) Upon its receipt of a transportation network company rider complaint alleging a violation of such zero-tolerance policy, the transportation network company shall suspend such 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.

(3) The company shall maintain all records related to the enforcement of such zero-tolerance policy, including any investigations under this section, for a period of not less than three years from the date that a transportation network company rider complaint is received by the company.

(e) A transportation network company shall implement a policy that prohibits a transportation network company driver from providing a prearranged ride when such driver's ability to operate a motor vehicle is impaired by illness, fatigue or any other condition that would likely preclude safe operation of a motor vehicle.

(f) The Commissioner of Motor Vehicles may adopt regulations, in accordance with chapter 54 of the general statutes, to carry out the purposes of this section.

Sec. 4. (NEW) (Effective January 1, 2018) (a) A motor vehicle in livery service owner or operator, taxicab owner or operator, and transportation network company or transportation network company driver shall maintain, on behalf of such motor vehicle in livery service operator, taxicab operator or transportation network company driver, as the case may be, a primary automobile liability insurance policy that: (1) Recognizes that such motor vehicle in livery service operator, taxicab operator or transportation network company driver uses a motor vehicle to transport individuals for compensation; and (2) meets the minimum coverage requirements in subsection (b) of this section.

(b) (1) Each policy of the type specified in subsection (a) of this section shall meet the following requirements for any time during which a motor vehicle in livery service operator is connected to an Internet software application but not transporting a passenger for hire, a taxicab operator is connected to an Internet software application but not providing taxicab services, or a transportation network company driver is connected to a digital network but not providing a prearranged ride: (A) Such policy shall provide coverage sufficient to satisfy any claim for damages (i) by reason of personal injury to, or the death of, any one person, of at least fifty thousand dollars, (ii) by reason of personal injury to, or the death of, more than one person on account of any accident, of at least one hundred thousand dollars, and (iii) for damage to property of at least twenty-five thousand dollars; and (B) uninsured and underinsured motorist coverage that meets the minimum coverage requirements under section 38a-336 of the general statutes.

(2) Each policy of the type specified in subsection (a) of this section shall meet the following requirements for any time during which a motor vehicle in livery service operator is transporting a passenger for hire, a taxicab driver is providing taxicab services or a transportation network company driver is providing a prearranged ride: (A) Such policy shall provide coverage, sufficient to satisfy any claim for damages by reason of personal injury to, or the death of, any one person, personal injury to, or the death of, more than one person on account of any accident and damage to property, of at least one million dollars; and (B) uninsured and underinsured motorist coverage that meets the minimum coverage requirements in section 38a-336 of the general statutes.

(3) The coverage requirements of this subsection may be satisfied by one or more automobile liability insurance policies maintained by: (A) A motor vehicle in livery service owner or operator, or a combination thereof; (B) a taxicab owner or operator, or a combination thereof; or (C) a transportation network company or transportation network company driver, or a combination thereof.

(c) If a primary automobile liability insurance policy maintained by a motor vehicle in livery service operator, taxicab operator or transportation network company driver pursuant to subsection (a) of this section has lapsed or does not satisfy the requirements of this section, the automobile liability insurance policy maintained by the motor vehicle in livery service owner, taxicab owner or transportation network company pursuant to subsection (a) of this section shall provide coverage beginning with the first dollar of a claim, and the insurer providing such coverage shall defend against the claim. Coverage under an automobile liability insurance policy maintained by a motor vehicle in livery service owner, taxicab owner or transportation network company shall not be contingent on prior processing or denial of a claim by an insurer providing an automobile liability insurance policy to a motor vehicle in livery service operator, taxicab operator or transportation network company driver.

(d) Each insurance policy of the type specified in subsection (a) of this section shall be written by an insurer authorized to write automobile liability insurance in this state or with a surplus lines insurer eligible pursuant to section 38a-741 of the general statutes that has a credit rating of not less than "A-" from A.M. Best, "A" from Demotech or a similar rating from another rating agency recognized by the Insurance Department.

(e) (1) Each motor vehicle in livery service operator, taxicab operator and transportation network company driver shall carry a current automobile insurance identification card, that may be in electronic form, at all times while such operator or driver is connected to a transportation network company's digital network or an Internet software application offered or utilized by a motor vehicle in livery service owner or taxicab owner, as the case may be.

(2) A motor vehicle in livery service operator, taxicab operator or transportation network company driver shall, upon request of an investigating state or municipal police officer or any person injured in person or property by or while transported in a motor vehicle in livery service, taxicab or transportation network company vehicle operated by such driver or operator, disclose such automobile insurance card and whether such driver or operator was connected to a digital network or an Internet software application offered or utilized by a motor vehicle in livery service owner or taxicab owner, or providing for hire transportation in a motor vehicle in livery service, taxicab services or a prearranged ride at the time of any accident or collision resulting in injury to person or property.

(f) Any automobile liability insurance policy that satisfies the requirements of this section shall be deemed to satisfy the requirements of section 14-112 of the general statutes.

(g) The Insurance Commissioner may adopt regulations, in accordance with chapter 54 of the general statutes, to carry out the purposes of this section.

Sec. 5. (NEW) (Effective January 1, 2018) (a) An insurer licensed to write automobile liability insurance in this state may exclude all coverage afforded under a private passenger automobile liability insurance policy for any loss or injury that occurs while a motor vehicle in livery service operator is connected to an Internet software application offered or utilized by a motor vehicle in livery service owner or transporting a passenger, a taxicab operator is connected to an Internet software application offered or utilized by a taxicab owner or providing taxicab services, or a transportation network company driver is connected to a transportation network company's digital network or providing prearranged rides. Any exclusion authorized under this subsection shall apply notwithstanding any requirements under chapter 246 or 700 of the general statutes.

(b) In a claims coverage investigation, a motor vehicle in livery service owner, taxicab owner or transportation network company shall immediately disclose, upon a request by any person injured in person or property by a motor vehicle in livery service, taxicab or transportation network company vehicle, any insurer that provides a policy of the type specified in subsection (a) of this section, or the motor vehicle in livery service operator, taxicab operator or transportation network company driver, if applicable, the precise times that the insured was connected to and disconnected from the transportation network company's digital network or the Internet software application offered or utilized by the motor vehicle in livery service owner or taxicab owner, as the case may be, in the twelve-hour periods immediately preceding and following the loss or injury. An insurer that issues a policy of the type specified in subsection (a) of section 4 of this act shall, upon request, disclose to any other insurer involved in a claim the applicable coverages, exclusions and limits of such policy.

(c) An insurer that defends or indemnifies a claim against a motor vehicle in livery service operator, taxicab operator or transportation network company driver that the insurer has excluded from coverage under subsection (a) of this section shall have a right of subrogation against all other insurers that provide automobile insurance to the motor vehicle in livery service operator, taxicab operator or transportation network company driver as described in section 4 of this act at the time of a loss.

(d) The Insurance Commissioner may adopt regulations, in accordance with chapter 54 of the general statutes, to carry out the purposes of this section.

Sec. 6. Section 13b-96 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2018):

(a) Each person, association, limited liability company or corporation owning or operating a taxicab is declared a common carrier and subject to the jurisdiction of the Department of Transportation. The Commissioner of Transportation is authorized to prescribe adequate service and [reasonable rates and charges] equipment, except for traditional taxi meters, to calculate rates and charges including, but not limited to, cellular mobile telephones and Internet software applications. The commissioner may adopt regulations, in accordance with chapter 54, for the purpose of establishing fares not calculated on a dynamic pricing basis, service, operation and equipment as it deems necessary for the convenience, protection and safety of passengers and the public. For the purposes of this section, "dynamic pricing" means pricing that changes according to the level of supply or demand for taxicab services.

(b) The rates and charges established pursuant to subsection (a) of this section shall not apply to any person, association, or corporation (1) operating a taxicab engaged in the transportation of passengers for hire pursuant to a contract with, or a lower tier contract for, any federal, state or municipal agency, (2) certified pursuant to section 13b-97, as amended by this act, prior to May 22, 1998, and (3) registered pursuant to section 13b-99, as amended by this act, prior to May 22, 1998.

(c) Notwithstanding the provisions of subsection (a) of this section or any regulation adopted pursuant to said subsection (a) concerning wheelchair accessibility requirements for motor vehicles, any motor vehicle in compliance with the provisions of the Americans with Disabilities Act 42 USC 12101 and the registration requirements of the Connecticut Department of Motor Vehicles may be used to provide taxicab service for persons requiring such wheelchair accessibility.

(d) Notwithstanding the provisions of subsection (a) of this section or any regulation adopted pursuant to said subsection (a) concerning wheel base requirements, any sedan or station wagon type vehicle powered by a clean alternative fuel and having a wheel base of not less than one hundred two inches may be used to provide taxicab service.

(e) (1) If demand for taxicab services is high, and the owner or operator of a taxicab elects to implement dynamic pricing, the taxicab owner or operator shall, through the taxicab owner's Internet web site or software application, disclose to each passenger or prospective passenger: (A) The fare calculation method; and (B) an option to receive an estimated fare before the passenger or prospective passenger incurs any cost for taxicab services.

(2) During the period of any emergency declared by the Governor or President of the United States, as described in section 42-230, no taxicab owner or operator shall increase fares for taxicab services to more than two and one-half times the usual fare for such services at any other time.

Sec. 7. Subsection (a) of section 13b-97 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2018):

(a) No person, association, limited liability company or corporation shall operate a taxicab until such person, association, limited liability company or corporation has obtained a certificate from the Department of Transportation certifying that public convenience and necessity require the operation of a taxicab or taxicabs for transportation of passengers, the acceptance or solicitation of which originates within the territory specified in such certificate except as provided under subsection (d) of this section. No such certificate shall be issued unless the department finds that the person, association, limited liability company or corporation is suitable to operate a taxicab service, after giving due consideration to, at a minimum, the following factors: (1) Any convictions of the applicant under federal, state or local laws relative to safety, motor vehicle or criminal violations; (2) the number of taxicabs to be operated under the certificate, provided no applicant for a new certificate shall operate fewer than three taxicabs; (3) the adequacy of the applicant's financial resources to operate the taxicab service; (4) the adequacy of insurance coverage and safety equipment; and (5) the availability of qualified taxicab operators. The commissioner shall request the state criminal history records check for any person or any officer of any association, limited liability company or corporation applying for such certificate from the State Police Bureau of Identification. The commissioner shall [arrange for the fingerprinting of any person or any officer of any association, limited liability company or corporation applying for such certificate and forward the fingerprints to said bureau which shall submit the fingerprints] conduct, or have a third-party 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 may arrange for the fingerprinting of such person or officer to be submitted to the Federal Bureau of Investigation for a national criminal history records check for any federal conviction specified in subdivision (1) of this subsection. The commissioner shall charge a fee for each such national criminal history records check [which] that shall be equal to the fee charged by the Federal Bureau of Investigation for performing such check. Such certificate shall be issued only after written application, fingerprinting [and] or said criminal history records check for the same has been made and public hearing held thereon. The application shall be accompanied by a fee of two thousand dollars and the fee for said criminal history records check. Upon receipt of such application, the department shall fix a time and place of hearing thereon, provided such hearing shall be held not earlier than three months after such receipt, and shall promptly give written notice of the pendency of such application and of the time and place of hearing thereon to such applicant, the mayor of each city, the warden of each borough or the first selectman of each town in which the applicant desires to originate the transportation of such passengers, and to any common carrier operating within the territory specified. Notwithstanding any provision of this subsection, [to the contrary,] the department may, upon receipt of a written application, amend an existing certificate to increase the number of taxicabs [which] that may be operated pursuant to the certificate without holding a hearing on the application, provided the department issues a legal notice of such application in a daily newspaper in accordance with the provisions of section 1-2, gives written notice of the pendency of such application to any common carrier operating within the territory specified and no objection is filed with the department within thirty days of each such notice.

Sec. 8. Section 13b-99 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2018):

(a) Upon the granting of a certificate of public convenience and necessity as provided in section 13b-97, as amended by this act, the holder thereof may apply to the Commissioner of Motor Vehicles for the registration of any taxicab [of which the holder is the owner or lessee and which] or passenger motor vehicle, as defined in section 14-1, that is to be used as specified in such certificate, and the Commissioner of Motor Vehicles shall have jurisdiction over the registration of any taxicab and its exterior lighting equipment and over the licensing of its operator. Each registered taxicab and passenger motor vehicle used as specified in a certificate of public convenience and necessity shall have [a permanently] an attached electric rooftop light. Each registered taxicab shall indicate, in three-inch type [permanently] affixed to the outside of such taxicab, the phone number of the company operating such taxicab.

(b) Each such taxicab and passenger motor vehicle shall be inspected, biennially, at the time of renewal of registration of such taxicab or passenger motor vehicle, by a repairer or limited repairer licensed and authorized by the Commissioner of Motor Vehicles to perform such inspections. The commissioner shall set a fee for such an inspection.

(c) Each such taxicab shall be exempt from the provisions of subsection (d) of section 14-100a.

(d) The Commissioner of Motor Vehicles shall adopt regulations, in accordance with chapter 54, to carry out the purposes of this section.

Sec. 9. Section 13b-102 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2018):

(a) (1) Each person, association, limited liability company or corporation owning or operating a motor vehicle in livery service shall be subject to the jurisdiction of the Department of Transportation, and the department may prescribe adequate service and reasonable rates and charges not calculated on a dynamic pricing basis, and prescribe and establish such reasonable regulations with respect to fares not calculated on a dynamic pricing basis, service, operation and equipment as it deems necessary for the convenience, protection, safety and best interests of passengers and the public. For the purposes of this section, "dynamic pricing" means pricing that changes according to the level of supply or demand for services provided by motor vehicles in livery service.

(2) Notwithstanding the provisions of subdivision (1) of this subsection with respect to reasonable rates and charges, each person, association, limited liability company or corporation operating a motor vehicle in livery service having a seating capacity of ten or more adults shall file a schedule of reasonable maximum rates and charges with the Department of Transportation. The provisions of subdivision (1) of this subsection with respect to rates and charges shall not apply to any person, association, limited liability company or corporation operating a motor vehicle engaged in the transportation of passengers for hire by virtue of a contract with, or a lower tier contract for, any federal, state or municipal agency.

(b) Each person, association, limited liability company or corporation operating a motor vehicle by virtue of authorization issued by the Federal Highway Administration for charter and special operation shall register such authorization for interstate operation with the Department of Transportation if such person, association, limited liability company or corporation maintains a domicile or principal office in the state. Each person operating a motor vehicle by virtue of authorization issued by the Federal Highway Administration for charter and special operation shall, prior to such registration, submit to a state and national criminal history records check, conducted in accordance with section 29-17a, and provide the results of such records check to the Department of Transportation.

(c) (1) If demand for services provided by motor vehicles in livery service is high, and the owner or operator of a motor vehicle in livery service elects to implement dynamic pricing, such owner or operator shall, through its Internet web site or software application, disclose to each passenger or prospective passenger: (A) The fare calculation method; and (B) an option to receive an estimated fare before the passenger or prospective passenger incurs any cost for services.

(2) During the period of any emergency declared by the Governor or President of the United States, as described in section 42-230, no owner or operator of a motor vehicle in livery service shall increase fares for services provided by a motor vehicle in livery service to more than two and one-half times the usual fare for such services at any other time.

Sec. 10. Section 14-29 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2018):

(a) The commissioner shall not register any motor bus, [taxicab,] school bus, [motor vehicle in livery service,] student transportation vehicle or service bus and no person may operate or cause to be operated upon any public highway any such motor vehicle until the owner or lessee thereof has procured insurance or a bond satisfactory to the commissioner, which insurance or bond shall indemnify the insured against any legal liability for personal injury, the death of any person or property damage, which injury, death or damage may result from or have been caused by the use or operation of such motor vehicle described in the contract of insurance or such bond. Such insurance or bond shall not be required from (1) a municipality which the commissioner finds has maintained sufficient financial responsibility to meet legal liability for personal injury, death or damage resulting from or caused by the use or operation of a service bus owned or operated by such municipality, or (2) the owner or lessee of such class of motor vehicle, other than a taxicab or motor vehicle in livery service, who holds a certificate of public necessity and convenience from the Department of Transportation if such owner or lessee has procured from the department a certificate that the department has found that such owner or lessee is of sufficient financial responsibility to meet legal liability for personal injury, death or property damage resulting from or caused by the use or operation of such motor vehicle. The Department of Transportation may issue such certificate upon presentation of evidence of financial responsibility that is satisfactory to it.

(b) (1) The amount of insurance or of such bond which each such vehicle owner or lessee shall carry as insurance or indemnity against claims for personal injury or death shall be not less than (A) fifty thousand dollars for one person subject to that limit per person; (B) for all persons in any one accident where the carrying capacity is seven passengers or less, one hundred thousand dollars; (C) eight to twelve passengers, inclusive, one hundred fifty thousand dollars; (D) thirteen to twenty passengers, inclusive, two hundred thousand dollars; (E) twenty-one to thirty passengers, inclusive, two hundred fifty thousand dollars; and (F) thirty-one passengers or more, three hundred thousand dollars; and such policy or such bond shall indemnify the insured against legal liability resulting from damage to the property of passengers or of others to the amount of ten thousand dollars.

(2) In lieu of the foregoing, a single limit of liability shall be allowed as insurance or indemnity against claims for personal injury or death and legal liability resulting from damage to the property of passengers or of others for any one accident (A) where the carrying capacity is seven passengers or less, not less than one hundred thousand dollars; (B) eight to twelve passengers, inclusive, not less than one hundred fifty thousand dollars; (C) thirteen to twenty passengers, inclusive, not less than two hundred thousand dollars; (D) twenty-one to thirty passengers, inclusive, not less than two hundred fifty thousand dollars; and (E) thirty-one passengers or more, not less than three hundred thousand dollars. The provisions of this subsection shall not apply to (i) a municipality which the commissioner has found to have sufficient financial responsibility to meet legal liability for damages as provided in subsection (a) of this section or (ii) the owner or lessees of any such motor vehicle holding a certificate of public convenience and necessity issued by the Department of Transportation whom the department has found to be of sufficient financial responsibility to meet legal liability for damages as provided in subsection (a).

(c) Any person or company issuing any such insurance or indemnity bond shall file with the Commissioner of Motor Vehicles a certificate in such form as he prescribes, and no such insurance or bond shall lapse, expire or be cancelled while the registration is in force until the commissioner has been given at least ten days' written notice of an intention to cancel and until he has accepted other insurance or another indemnity bond and has notified the person or company seeking to cancel such insurance or bond that such other insurance or bond has been accepted or until the registration of such motor vehicle described in such insurance policy or bond has been suspended or cancelled.

(d) Any person injured in person or property by any such motor vehicle may apply to the commissioner for the name and description of the insurer of the vehicle causing such injury or the name of the surety upon any indemnity bond of any such owner or the name of the holder of a certificate of financial responsibility.

(e) Any person who violates any provision of this section shall be fined not more than five hundred dollars or imprisoned not more than one year or both.

[(f) Notwithstanding the provisions of this section, any person, association or corporation operating a motor vehicle in livery service under the provisions of sections 13b-101 to 13b-109, inclusive, shall carry insurance or indemnity against claims for personal injury or death and legal liability resulting from damage to the property of passengers or of others for any one accident in an amount not less than one million five hundred thousand dollars for vehicles with a seating capacity of fourteen passengers or less and five million dollars for vehicles with a seating capacity of fifteen passengers or more.]

Sec. 11. Subsection (a) of section 14-44 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2018):

(a) (1) No person shall operate a commercial motor vehicle used for passenger transportation on any public highway of this state until such person has obtained a commercial driver's license with a public passenger endorsement, as defined in section 14-1, from the Commissioner of Motor Vehicles, except a nonresident who holds such license with such endorsement issued by another state or, for a period of not more than ninety days, a person who has submitted an application for such endorsement for the purpose of operating a taxicab or motor vehicle in livery service, provided the commissioner has not denied the application and the person carries such application while such person is providing taxicab services or operating a motor vehicle in livery service. (2) No person shall operate a school bus until such person has obtained a commercial driver's license with a school bus endorsement, except that a person who holds such a license without such endorsements may operate a school bus without passengers for the purpose of road testing or moving the vehicle. (3) No person shall operate a student transportation vehicle, as defined in section 14-212, taxicab, motor vehicle in livery service, motor bus or service bus until such person has obtained an operator's license of the proper classification bearing an appropriate public passenger endorsement from the Commissioner of Motor Vehicles, issued in accordance with the provisions of this section and section 14-36a, except that a person who holds an operator's license without such endorsement may operate any such vehicle without passengers for the purpose of road testing or moving the vehicle.

Sec. 12. (NEW) (Effective January 1, 2018) (a) The Department of Transportation shall conduct a study to: (1) Identify the most suitable means of implementing and funding a pilot program to promote transportation services that are (A) provided by owners of motor vehicles in livery service, taxicab owners and transportation network companies, and (B) accessible by physically disabled persons; (2) examine the viability and impact of implementing a per-trip surcharge on trips provided by way of motor vehicles in livery service, taxicabs and prearranged rides to fund the pilot program; (3) examine means of reimbursing, or providing incentives to, owners of motor vehicles in livery service, taxicab owners and transportation network company drivers for costs associated with purchasing or converting motor vehicles for use as wheelchair-accessible motor vehicles in livery service, taxicabs and transportation network company vehicles; and (4) examine means of providing compensation incentives to drivers of motor vehicles in livery service, taxicab drivers and transportation network company drivers who allot sufficient time to assist physically disabled persons in boarding motor vehicles in livery service, taxicabs and transportation network company vehicles.

(b) In conducting the study required under subsection (a) of this section, the Department of Transportation may consult with individuals with expertise in any aspect within the scope of such study including, but not limited to, members of the faculty of The University of Connecticut and representatives of the Disability Rights Education and Defense Fund, American Association of People with Disabilities, National Council of Independent Living, taxicab drivers and owners, motor vehicle in livery service drivers and owners, transportation network company drivers and transportation network companies.

(c) Not later than August 1, 2018, the Commissioner of Transportation shall submit a preliminary report, in accordance with the provisions of section 11-4a of the general statutes, on the study performed under subsection (a) of this section to the joint standing committee of the General Assembly having cognizance of matters relating to transportation.

(d) Not later than January 1, 2019, the Commissioner of Transportation shall submit a final report, in accordance with the provisions of section 11-4a of the general statutes, on the study performed under subsection (a) of this section to the joint standing committee of the General Assembly having cognizance of matters relating to transportation. Such report shall include the commissioner's recommendations for legislation to implement the pilot program described in subsection (a) of this section.

Sec. 13. Section 13b-95 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2018):

The term "taxicab" includes any motor vehicle operated upon any street or highway or on call or demand accepting or soliciting passengers indiscriminately for transportation for hire between such points along streets or highways as may be directed by the passenger or passengers being transported, provided nothing in this chapter shall be construed to include, as a taxicab, a motor bus, as defined in section 14-1, [or] a motor vehicle in livery service when such motor vehicle is hired for a specific trip or trips and is subject to the direction of the person hiring the same, or a passenger motor vehicle operated by a transportation network company driver, as defined in section 1 of this act.

Sec. 14. Section 13b-101 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2018):

The term "motor vehicle in livery service" includes every motor vehicle used by any person, association, limited liability company or corporation [which] that represents itself to be in the business of transporting passengers for hire, except (1) any motor bus and any taxicab operated under a certificate of public convenience and necessity issued by the Department of Transportation, (2) any school bus, as defined in section 14-275, or student transportation vehicle, as defined in section 14-212, when used for the transportation of children under the age of twenty-one years, (3) any school bus, as defined in section 14-275, when used for the transportation of passengers (A) by virtue of a contract with any public or private institution of higher education, (B) pursuant to a contract for service to a special event held at a location or facility [which] that is not open for business on a daily basis throughout the year, not to exceed a period of ten days, or (C) pursuant to a contract with a municipality for which the carrier provides school transportation service, (4) any motor vehicle operated by or through a community-based regional transportation system for the elderly established pursuant to section 55 of public act 05-280, [and] (5) any motor vehicle operated by or through a community-based regional transportation system for the visually impaired, and (6) any passenger motor vehicle operated by a transportation network company driver, as defined in section 1 of this act.

Sec. 15. Subsection (a) of section 14-26 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2018):

(a) Each owner or lessee of a motor bus, service bus, taxicab, school bus or motor vehicle in livery service shall file in the office of the commissioner a special application, containing his name, residence and post-office address and a description of the motor vehicle owned or leased by him, which shall include the name of the maker and such other information as the commissioner may require. The commissioner may register such motor vehicle as a motor bus or as a service bus or as a taxicab or as a school bus or as a motor vehicle in livery service or as a school bus used in part in livery service; but no such registration shall be issued to the owner or lessee of any such motor vehicle unless it is in suitable condition for carrying passengers and is equipped as required by law. The registration number and certificate of registration of each such vehicle shall be special, and such certificate of registration shall contain such information as the commissioner may require. No registration shall be issued to the owner or lessee of a motor bus who has not obtained a certificate of public convenience and necessity from the Department of Transportation, in accordance with the provisions of section 13b-80. No registration shall be issued to the owner or lessee of a taxicab who has not obtained a certificate of public convenience and necessity from the Department of Transportation in accordance with the provisions of section 13b-97. No such vehicle shall be registered unless the owner thereof has complied with the provisions of section 14-29 or sections 4 and 5 of this act, as applicable, and no such vehicle shall be operated upon any highway without first being registered in accordance with the provisions of section 14-49. The commissioner may issue, to an applicant for registration of more than one motor bus, a certificate or certificates of registration containing a general distinguishing number and mark assigned to such applicant upon application to him therefor, which application shall be made in such form and contain such information as the commissioner may determine. Each motor bus included in such registration shall be regarded as registered under and having assigned to it such general distinguishing number and mark. The commissioner may impose upon the issuance and use of each such general registration such conditions, limitations and restrictions as he may determine. Such motor bus owners shall not be required to carry such certificates upon the vehicles registered under the provisions of this section, but shall keep a record of each person operating any motor bus so registered in sufficient detail to promptly identify such person at any specified time, which record shall be subject to the inspection of any officer designated by the commissioner. If any such registrant fails to keep such record or to produce it for inspection as hereinbefore provided, such failure shall be sufficient cause for the commissioner to cancel or suspend such registration. The commissioner may require of such registrant a bond satisfactory to him in an amount not to exceed ten thousand dollars, conditioned upon compliance with the laws of the state and the regulations of the commissioner concerning the use of such registration, number and mark, or otherwise conditioned as he may direct, which bond shall be forfeited for any violation of the conditions thereof. The commissioner may issue to the holder of any such general motor bus or interstate registration one or more registrations and number plates for motor vehicles in livery service which may be used interchangeably with such motor bus or interstate registration in accordance with such conditions and regulations as he may impose, provided the number of interstate registrations and number plates issued shall not exceed the number of intrastate registrations and number plates authorized by the Department of Transportation.

Sec. 16. (NEW) (Effective January 1, 2018) Any person who (1) provides prearranged rides without using a transportation network company's digital network, or (2) is not a transportation network company driver, authorized to operate a taxicab under chapter 244a of the general statutes or authorized to operate a motor vehicle in livery service under chapter 244b of the general statutes and provides for-hire transportation in a passenger motor vehicle for compensation that exceeds the cost of such transportation, shall be guilty of a class A misdemeanor.

This act shall take effect as follows and shall amend the following sections:

Section 1

January 1, 2018

New section

Sec. 2

January 1, 2018

New section

Sec. 3

January 1, 2018

New section

Sec. 4

January 1, 2018

New section

Sec. 5

January 1, 2018

New section

Sec. 6

January 1, 2018

13b-96

Sec. 7

January 1, 2018

13b-97(a)

Sec. 8

January 1, 2018

13b-99

Sec. 9

January 1, 2018

13b-102

Sec. 10

January 1, 2018

14-29

Sec. 11

January 1, 2018

14-44(a)

Sec. 12

January 1, 2018

New section

Sec. 13

January 1, 2018

13b-95

Sec. 14

January 1, 2018

13b-101

Sec. 15

January 1, 2018

14-26(a)

Sec. 16

January 1, 2018

New section

INS

Joint Favorable Subst.