§ 40-10.1-605 — Operational requirements - rules
This text of Colorado § 40-10.1-605 (Operational requirements - rules) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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(1) The following
requirements apply to the provision of services:
(a) A driver shall not provide services unless a transportation network
company has matched the driver to a rider through a digital network. A driver shall
not solicit or accept the on-demand summoning of a ride, otherwise known as a
street hail.
(b) A transportation network company shall make available to prospective
riders and drivers the method by which the transportation network company
calculates fares or the applicable rates being charged and an option to receive an
estimated fare.
(c) Upon completion of a prearranged ride, a transportation network
company shall transmit to the rider an electronic receipt, either by electronic mail
or via text message, documenting:
(I) The point of origin and destination of the prearranged ride;
(II) The total duration and distance of the prearranged ride;
(III) The total fare paid, including the base fare and any additional charges
incurred for distance traveled or duration of the prearranged ride; and
(IV) The driver's first name and telephone number.
(d) Before permitting a person to act as a driver on its digital network, a
transportation network company shall confirm that the person has self-certified to
the transportation network company through the transportation network company's
online application or digital network that he or she is physically and mentally fit to
drive, is at least twenty-one years of age, and possesses:
(I) A valid driver's license;
(II) Proof of automobile insurance; and
(III) Proof of a Colorado vehicle registration.
(IV) (Deleted by amendment, L. 2021.)
(e) A driver shall not offer or provide transportation network company
services for more than twelve consecutive hours.
(f) A transportation network company shall implement an intoxicating
substance policy for drivers that disallows any amount of intoxication of the driver
while providing services. The transportation network company shall include on its
website and mobile device application software a notice concerning the
transportation network company's intoxicating substance policy.
(g) (I) A transportation network company shall conduct or have a certified
mechanic conduct a safety inspection of a prospective driver's vehicle before it is
approved for use as a personal vehicle and shall have periodic inspections of
personal vehicles conducted thereafter, at intervals of at least one inspection per
year. A safety inspection shall include an inspection of:
(A) Foot brakes;
(B) Emergency brakes;
(C) Steering mechanism;
(D) Windshield;
(E) Rear window and other glass;
(F) Windshield wipers;
(G) Headlights;
(H) Tail lights;
(I) Turn indicator lights;
(J) Stop lights;
(K) Front seat adjustment mechanism;
(L) The opening, closing, and locking capability of the doors;
(M) Horn;
(N) Speedometer;
(O) Bumpers;
(P) Muffler and exhaust system;
(Q) Tire conditions, including tread depth;
(R) Interior and exterior rear-view mirrors; and
(S) Safety belts.
(II) Effective ninety days after June 5, 2014, the commission may also
conduct inspections of personal vehicles.
(h) A personal vehicle must:
(I) Have at least four doors; and
(II) Be designed to carry no more than eight passengers, including the driver.
(i) A transportation network company shall make the following disclosure to
a prospective driver in the prospective driver's terms of service:
While operating on the transportation network company's digital network, your
personal automobile insurance policy might not afford liability coverage,
depending on the policy's terms.
(j) (I) A transportation network company shall make the following disclosure
to a prospective driver in the prospective driver's terms of service:
If the vehicle that you plan to use to provide transportation network company
services for our transportation network company has a lien against it, you must
notify the lienholder that you will be using the vehicle for transportation services
that may violate the terms of your contract with the lienholder.
(II) The disclosure set forth in subparagraph (I) of this paragraph (j) must be
placed prominently in the prospective driver's written terms of service, and the
prospective driver must acknowledge the terms of service electronically or by
signature.
(k) A transportation network company shall make available to a rider a
customer support telephone number on its digital network or website for rider
inquiries.
(l) The disclosure requirements set forth in this subsection (1) take effect on
July 1, 2014.
(m) (I) A transportation network company shall not disclose to a third party
any personally identifiable information concerning a user of the transportation
network company's digital network unless:
(A) The transportation network company obtains the user's consent to
disclose personally identifiable information;
(B) Disclosure is necessary to comply with a legal obligation; or
(C) Disclosure is necessary to protect or defend the terms and conditions for
use of the service or to investigate violations of the terms and conditions.
(II) The limitation on disclosure does not apply to the disclosure of
aggregated user data and other information about the user that is not personally
identifiable.
(n) Any taxicab company or shuttle company authorized by the commission
under this article may convert to a transportation network company model or may
set up a subsidiary or affiliate transportation network company. In converting to a
transportation network company model or setting up a transportation network
company subsidiary or affiliate, a taxicab company or shuttle company authorized
by the commission under this article may completely or partially suspend its
certificate of public convenience and necessity issued under section 40-10.1-201.
During the period of suspension of its certificate of public convenience and
necessity, a taxicab company, shuttle company, or a subsidiary or affiliate of a
taxicab company or shuttle company is exempt from taxi or shuttle standards
under this article, the standards concerning the regulation of rates and charges
under article 3 of this title, and any commission rules regarding common carriers
promulgated under this article or article 3 of this title.
(o) Each transportation network company shall require that each personal
vehicle providing transportation network company services display an exterior
marking that identifies the personal vehicle as a vehicle for hire.
(p) A transportation network company that, for remuneration from a school
or school district, provides services for students to or from a school, school-related
activities, or school-sanctioned activities shall enter into a contract with the
appropriate school or school district that may include specific provisions for the
safety of student passengers, as determined by the school or school district.
(q) A transportation network company that, for remuneration from a school
or school district, provides services for students to or from a school, school-related
activities, or school-sanctioned activities shall use a technology-enabled integrated
solution that provides end-to-end visibility into the ride for the transportation
network company, the student's legal guardian, and the person that scheduled the
ride. This solution must allow for global positioning system monitoring of the ride in
real time for safety-related anomalies.
(r) A transportation network company that, for remuneration from a school or
school district, provides services for students to or from a school, school-related
activities, or school-sanctioned activities shall ensure that each driver providing the
service receives training in mandatory reporting requirements, safe driving
practices, first aid and cardiopulmonary resuscitation, education on special
considerations for transporting students with disabilities, emergency preparedness,
and safe pick-up and drop-off procedures. The transportation network company,
not the driver, shall pay the cost of providing the training. No later than September
1, 2022, the commission shall, in coordination with the department of education,
promulgate rules providing for the approval of the training used, and the
transportation network company must have the training approved by the
commission.
(2) A transportation network company or a third party shall retain true and
accurate inspection records for at least fourteen months after an inspection was
conducted for each personal vehicle used by a driver.
(3) (a) Before a person is permitted to act as a driver through use of a
transportation network company's digital network, the person shall:
(I) Obtain a criminal history record check pursuant to the procedures set
forth in section 40-10.1-110 as supplemented by the commission's rules
promulgated under section 40-10.1-110 or through a privately administered national
criminal history record check, including the national sex offender database; and
(II) If a privately administered national criminal history record check is used,
provide a copy of the criminal history record check to the transportation network
company.
(b) A driver shall obtain a criminal history record check in accordance with
subparagraph (I) of paragraph (a) of this subsection (3) every five years while
serving as a driver.
(c) (I) A person who has been convicted of or pled guilty or nolo contendere
to driving under the influence of drugs or alcohol in the previous seven years before
applying to become a driver shall not serve as a driver. If the criminal history record
check reveals that the person has ever been convicted of or pled guilty or nolo
contendere to any of the following felony offenses, the person shall not serve as a
driver:
(A) An offense involving fraud, as described in article 5 of title 18, C.R.S.;
(B) An offense involving unlawful sexual behavior, as defined in section 16-22-102 (9), C.R.S.;
(C) An offense against property, as described in article 4 of title 18, C.R.S.; or
(D) A crime of violence, as described in section 18-1.3-406, C.R.S.
(II) A person who has been convicted of a comparable offense to the
offenses listed in subparagraph (I) of this paragraph (c) in another state or in the
United States shall not serve as a driver.
(III) A transportation network company or a third party shall retain true and
accurate results of the criminal history record check for each driver that provides
services for the transportation network company for at least five years after the
criminal history record check was conducted.
(IV) A person who has, within the immediately preceding five years, been
convicted of or pled guilty or nolo contendere to a felony shall not serve as a driver.
(4) (a) Before permitting an individual to act as a driver on its digital network,
a transportation network company shall obtain and review a driving history research
report for the individual.
(b) An individual with the following moving violations shall not serve as a
driver:
(I) More than three moving violations in the three-year period preceding the
individual's application to serve as a driver; or
(II) A major moving violation in the three-year period preceding the
individual's application to serve as a driver, whether committed in this state,
another state, or the United States, including vehicular eluding, as described in
section 18-9-116.5, C.R.S., reckless driving, as described in section 42-4-1401, C.R.S.,
and driving under restraint, as described in section 42-2-138, C.R.S.
(c) A transportation network company or a third party shall retain true and
accurate results of the driving history research report for each driver that provides
services for the transportation network company for at least three years.
(5) If any person files a complaint with the commission against a
transportation network company or driver, the commission may inspect the
transportation network company's records as reasonably necessary to investigate
and resolve the complaint.
(6) (a) A transportation network company shall provide services to the public
in a nondiscriminatory manner, regardless of: Geographic location of the departure
point or destination once the driver and rider have been matched through the digital
network; race; ethnicity; gender; sexual orientation, as defined in section 2-4-401
(13.5); gender identity, as defined in section 2-4-401 (3.5); gender expression, as
defined in section 2-4-401 (3.4); or disability that could prevent customers from
accessing transportation. A driver shall not refuse to transport a passenger unless:
(I) The passenger is acting in an unlawful, disorderly, or endangering manner;
(II) The passenger is unable to care for himself or herself and is not in the
charge of a responsible companion; or
(III) The driver has already committed to providing a ride for another rider.
(b) A transportation network company shall not impose additional charges
for providing services to persons with physical or mental disabilities because of
those disabilities.
(c) A driver shall permit a service animal to accompany a rider on a
prearranged ride.
(d) If a rider with physical or mental disabilities requires the use of the rider's
mobility equipment, a driver shall store the mobility equipment in the vehicle during
a prearranged ride if the vehicle is reasonably capable of storing the mobility
equipment. If the driver is unable to store a rider's mobility equipment in the driver's
vehicle, the driver shall refer the rider to another driver or transportation service
provider with a vehicle that is equipped to accommodate the rider's mobility
equipment.
(7) (a) A transportation network company is not liable for a driver's violation
of subsection (6) of this section unless the driver's violation has been previously
reported to the transportation network company in writing, and the transportation
network company has failed to reasonably address the alleged violation. The
commission shall afford a transportation network company the same due process
rights afforded transportation providers in defending against civil penalties
assessed by the commission.
(b) The commission may assess a civil penalty up to five hundred fifty dollars
under this subsection (7).
(8) Within ten days of receiving a complaint about a driver's alleged violation
of subsection (6) of this section, the commission shall report the complaint to the
transportation network company for which the driver provides services.
(9) A driver shall immediately report to the transportation network company
any refusal to transport a passenger pursuant to paragraph (a) of subsection (6) of
this section, and the transportation network company shall annually report all such
refusals to the commission in a form and manner determined by the commission.
(10) A transportation network company shall not use a driver to provide
services for students to or from a school, school-related activities, or school-sanctioned activities for remuneration from a school or school district if the driver
has been convicted of or pled guilty or nolo contendere to an offense described in
section 22-32-109.8 (6.5).
Legislative History
Nearby Sections
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Colorado § 40-10.1-605, Counsel Stack Legal Research, https://law.counselstack.com/statute/co/40/40-10.1-605.