Introduced

SB 185 - This act enacts a regulatory scheme for "Transportation network companies" ("TNCs"). It provides that TNCs and TNC drivers are not common carriers, contract carriers, motor carriers, taxicab service or association, or for-hire vehicle services. TNC drivers need not register their vehicles as commercial or for-hire.

Transportation network companies may not operate within the state without first paying a $5,000 annual fee and obtaining a permit from the Department of Revenue, but no per-car or per-driver fees shall be assessed. TNCs must maintain agents for service of process within the state of Missouri.

TNCs may charge fares, but must disclose the fare or fare structure on its website or digital network. If the fare is based on actual time and distance traveled, the TNC on its website shall also provide riders the applicable rates being charged and the option to receive an estimated fare before the rider enters the vehicle.

The TNC's digital network shall display a picture of the TNC driver and the license plate number of the vehicle before the rider enters the vehicle. The TNC must provide a detailed electronic receipt to the rider within a reasonable time following a trip.

TNC drivers shall be independent contractors and not employees under certain circumstances. TNC drivers are not agents of the TNC unless agreed to in writing.

TNCs must adopt a zero tolerance policy toward drivers using intoxicating substances. This act also requires an investigation and maintenance of related records.

This act prescribes driver eligibility requirements, including background checks and registration with the TNC. Transportation network company vehicles must meet Missouri's motor vehicle safety inspection requirements.

TNC drivers shall not solicit or accept street hails. TNCs shall adopt nondiscrimination policies with respect to riders, and shall notify drivers of such policy.

TNCs shall maintain individual trip records of riders for one year following each trip, and individual records of TNC drivers for one year following the end of the TNC's relationship with the driver.

This act provides that it is the sole body of law governing TNCs and TNC drivers, and provides that the Department of Revenue may promulgate rules to administer the provisions.

This act provides that TNCs shall not be considered employers of TNC drivers unless agreed to by written contract. TNCs must keep the appropriate agencies informed of such contracts and any changes to them.

This act provides that the statutes relating to regional taxicab districts shall not apply to TNCs, TNC drivers, or TNC services.

This act is similar to SB 991 (2016), HB 2233 (2016), and HB 2330 (2016).

ERIC VANDER WEERD


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