Transportation Network Company Consumer Protection

The bill prohibits a transportation network company (TNC) driver from driving or offering to drive for more than 10 consecutive hours.

Current law requires that, before an individual is permitted to act as a transportation network company (TNC) driver through the use of a TNC's digital network, the individual shall obtain a criminal history record check. The bill requires that the TNC procure a privately administered criminal history record check for the individual before the individual is permitted to act as a driver , and at least once every 6 months after the initial criminal history record check, and if a person files a complaint against a driver with the TNC or the public utilities commission (commission) regarding specified allegations . The TNC shall pay the costs of the criminal history record checks. The bill requires that the criminal history record check be a fingerprint-based criminal history record check and eliminates the option for the individual to fulfill the requirement through a privately administered national criminal history record check. Before each prearranged ride, a TNC shall verify that a driver providing the prearranged ride is the same driver authorized by the TNC to provide the prearranged ride through one of the following methods:

• An in-vehicle dash camera;
• A live self-identification photograph or video;
• Biometric verification by fingerprint or optical scan; or
• Another method that effectively verifies that the driver providing the prearranged ride is the same driver authorized by the TNC for that prearranged ride.

A TNC shall initiate a review of a driver for deactivation if the TNC is notified through a complaint filed with the TNC or the commission or through contact by the commission, the office of the attorney general, a district attorney's office, or a law enforcement agency regarding specified allegations against the driver. If the TNC determines that the allegation is more than likely to have occurred through a review of the available evidence, the TNC shall deactivate the driver from the TNC's digital platform in accordance with the TNC's deactivation and suspension policy. A driver who has been deactivated may challenge the deactivation through the TNC's deactivation and suspension policy. A TNC's resolution of a driver's challenge to a deactivation must include a written statement that the TNC sends the party that filed a complaint. If a person files a complaint with the public utilities commission (commission) against a TNC or a driver, the TNC shall, upon request from the person filing the complaint, provide the person filing the complaint all known and available data, photographs, and video related to the prearranged ride that is the subject of the complaint. After a person files a complaint against a TNC or a driver, the TNC is required to respond to a request for information from the person, the commission, a court, a district attorney, the attorney general, or a law enforcement agency no later than 24 hours after the request is made. If a person files a complaint against a TNC or driver, the TNC is required to respond to a subpoena or search warrant for information related to the complaint from a court, the office of the attorney general, a district attorney's office, the commission, or a law enforcement agency no later than 48 hours after the request is made.

In addition to enforcement by the commission, the bill authorizes the attorney general or a person injured or harmed by an alleged violation of the bill to initiate a civil proceeding in a district court against a TNC or a driver that violates the bill.

The bill requires a TNC to ensure that each prearranged ride is continuously audio and video recorded from when the driver picks up the rider until when the rider departs from the driver's vehicle. A rider or driver may opt out of the continuous audio and video recording. On and after January 1, 2026, a TNC shall:

• Ensure that continuous audio recording of the driver is conducted for each prearranged ride from when the driver picks up the rider in a personal vehicle until when the rider departs from the personal vehicle;
• Notify the driver in an online application that each prearranged ride is continuously audio recorded; and
• Ensure that each rider in a prearranged ride is notified in the personal vehicle that the ride is continuously audio recorded.

On and after July 1, 2026, a TNC shall:

• Ensure that continuous audio and video recording of the driver is conducted for each prearranged ride from when the driver picks up the rider in a personal vehicle until when the rider departs from the personal vehicle;
• Notify the driver in an online application that each prearranged ride is continuously audio and video recorded; and
• Ensure that each rider in a prearranged ride is notified in the personal vehicle that the ride is continuously audio and video recorded.

The bill requires that, on or before February 1, 2026, and on or before February 1 each year thereafter, a TNC shall submit specified data to the commission, the attorney general, the house of representatives judiciary committee, and the senate judiciary committee and each member of the general assembly.

A provision in a contract between a TNC and a rider is declared void as against public policy if the provision attempts or purports to waive specified rights.

The bill requires a TNC to develop policies to:

• Prevent imposter accounts, account sharing, and account renting;
• Prevent sexual assault, physical assault, and homicide against or committed by the TNC's drivers; and
• Allow drivers and riders to opt out of continuous audio and video recording during a prearranged ride.
• Prohibit the transport of an unaccompanied minor unless the minor is part of a duly authorized family account;
• Allow a driver to refuse a prearranged ride to an individual who is not authorized to use the account requesting the prearranged ride;
• Establish procedures for deactivation of a driver if the TNC is notified of a specified allegation against a driver;
• Notify and train drivers and riders of any updates to TNC policies impacting drivers and riders;
• Require drivers to report and provide a process for drivers to report information regarding a conviction of or a plea of guilty or nolo contendere to specified offenses; and
• Prevent crimes committed against drivers by riders .

A driver or a rider is prohibited from providing, offering to provide, selling, or offering to sell to another driver or rider food or a beverage.

The following actions are made a deceptive trade practice in violation of the "Colorado Consumer Protection Act":

• A violation of the "Transportation Network Company Act"; and
• Altering the rating that a rider assigned a driver on a TNC's digital network or assigning an automatic or default driver rating that the rider did not assign.

A TNC is prohibited from:

• Altering the rating a rider assigned a driver or the rating a driver assigned a rider on a TNC's digital platform;
• Assigning an automatic or default driver rating that the rider did not assign; or
• Assigning an automatic or default rider rating that the driver did not assign.

A TNC shall ensure that all rider-submitted comments reviewing a driver are visible to all other riders on the TNC's digital platform and all driver-submitted comments reviewing a rider are visible to all other drivers on the TNC's digital platform.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)