Bill Text: NJ A5262 | 2022-2023 | Regular Session | Introduced
Bill Title: Requires all transportation network company drivers to use electric vehicles beginning January 1, 2035.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced) 2023-02-28 - Introduced, Referred to Assembly Transportation and Independent Authorities Committee [A5262 Detail]
Download: New_Jersey-2022-A5262-Introduced.html
Sponsored by:
Assemblyman REGINALD W. ATKINS
District 20 (Union)
Assemblyman DANIEL R. BENSON
District 14 (Mercer and Middlesex)
Assemblyman STERLEY S. STANLEY
District 18 (Middlesex)
SYNOPSIS
Requires all transportation network company drivers to use electric vehicles beginning January 1, 2035.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the personal vehicles of transportation network company drivers and amending P.L.2017, c.26.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.2017, c.26 (C.39:5H-2) is amended to read as follows:
2. As used in P.L.2017, c.26 (C.39:5H-1 et seq.):
"Applicant" means a person who applies to a transportation network company to be a transportation network company driver.
"Chief Administrator" means the Chief Administrator of the New Jersey Motor Vehicle Commission.
"Commission" means the New Jersey Motor Vehicle Commission.
"Digital network" means any online-enabled technology application, service, website, or system offered or utilized by a transportation network company that enables the prearrangement of rides between transportation network company riders and transportation network company drivers.
"Division" means the Division of Consumer Affairs in the Department of Law and Public Safety.
"Electric vehicle" means any passenger automobile or other motor vehicle that is propelled solely by an electric motor or energy storage device.
"Machine-readable code or image" means an optical label that can be scanned using a special scanner or a personal mobile device with a built-in camera.
"Personal vehicle" means a motor vehicle that is used by a transportation network company driver to provide prearranged rides and is owned, leased, or otherwise authorized for use by the transportation network company driver. A personal vehicle shall not be considered an autocab or taxi as defined in R.S.48:16-1, a limousine as defined in R.S.48:16-13 or section 2 of P.L.1997, c.356 (C.48:16-13.1), an autobus or jitney as defined in R.S.48:16-23, a motor bus as defined in section 1 of P.L.1991, c.154 (C.17:28-1.5), or any other for-hire vehicle. A personal vehicle shall not be considered an automobile as defined in subsection a. of section 2 of P.L.1972, c.70 (C.39:6A-2) while a transportation network company driver is providing a prearranged ride.
"Prearranged ride" means the provision of transportation by a transportation network company driver to a transportation network company rider, beginning when a driver accepts a ride requested by a rider through a digital network controlled by a transportation network company, continuing while the driver transports a requesting rider, and ending when the last requesting rider departs from the personal vehicle. A prearranged ride shall not include transportation provided using an autocab, taxi, limousine, autobus, jitney, motor bus, or other for-hire vehicle. A prearranged ride shall not include ridesharing, as defined in R.S.39:1-1.
"Transportation network company" means a corporation, partnership, sole proprietorship, or other entity that is registered as a business in the State or operates in this State, and uses a digital network to connect a transportation network company rider to a transportation network company driver to provide a prearranged ride. A transportation network company shall not include an individual, corporation, partnership, sole proprietorship, or other entity arranging non-emergency medical transportation for individuals qualifying for Medicaid under P.L.1968, c.413 (C.30:4D-1 et seq.) or Medicare under Pub.L.89-97 (42 U.S.C. s.1395 et seq.) pursuant to a contract with the State or a managed care organization, whereby Medicaid or Medicare funding is used to pay for the non-emergency medical transportation services.
"Transportation network company driver" or "driver" means a person who receives connections to potential riders and related services from a transportation network company in exchange for payment of a fee to the transportation network company, and uses a personal vehicle to offer or provide a prearranged ride to a rider upon connection through a digital network controlled by a transportation network company in return for compensation or payment of a fee.
"Transportation network company rider" or "rider" means a person who uses a transportation network company's digital network to connect with a transportation network company driver to receive a prearranged ride from the driver using the driver's personal vehicle.
(cf: P.L.2019, c.128, s.1)
2. Section 16 of P.L.2017, c.26 (C.39:5H-16) is amended to read as follows:
16. a. A transportation network company shall require an applicant, as defined in section 2 of P.L.2017, c.26 (C.39:5H-2), to submit a transportation network company driver application to the transportation network company. The application shall include the applicant's address, age, and social security number, a copy of the applicant's driver's license, motor vehicle registration, and automobile liability insurance, and any other information required by the transportation network company.
b. Beginning on January
1, 2035, the transportation network company driver application shall include
proof, in a form and manner prescribed by the commission, that each personal
vehicle to
be used by the applicant to provide prearranged rides is an electric vehicle.
(cf: P.L.2017, c.26, s.16)
3. Section 20 of P.L.2017, c.26 (C.39:5H-20) is amended to read as follows:
20. An applicant or driver shall be prohibited from utilizing the transportation network company's digital network as a transportation network company driver or from providing a prearranged ride as a transportation network company driver if:
a. The applicant or driver has been convicted of one or more of the following crimes:
(1) In New Jersey, any crime as follows: aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery, aggravated sexual assault, sexual assault, or endangering the welfare of a child pursuant to N.J.S.2C:24-4, whether or not armed with or having possession of any weapon enumerated in subsection r. of N.J.S.2C:39-1, human trafficking pursuant to section 1 of P.L.2005, c.77 (C.2C:13-8) or any crime involving an act or practice of one or more of the severe forms of trafficking in persons as described in paragraph (11) of 22 U.S.C. S.7102, the federal "Trafficking Victims Protection Act of 2000," a crime pursuant to the provisions of N.J.S.2C:39-3, N.J.S.2C:39-4, or N.J.S.2C:39-9, or other than a disorderly persons or petty disorderly persons offense for the unlawful use, possession or sale of a controlled dangerous substance as defined in N.J.S.2C:35-2.
(2) In any other state, territory, commonwealth, or other jurisdiction of the United States, as a result of a conviction in a court of competent jurisdiction, a crime which in that other jurisdiction is comparable to one of the crimes enumerated in paragraph (1) of this subsection.
If an applicant or driver who has been convicted of one of the crimes enumerated in paragraph (1) or (2) of this subsection produces a valid certificate of rehabilitation issued pursuant to section 2 of P.L.2007, c.327 (C.2A:168A-8) or, if the criminal offense occurred outside the State, an equivalent certificate from the jurisdiction where the criminal offense occurred, the criminal offense shall not disqualify the applicant or driver from accessing the transportation network company's digital network as a transportation network company driver or from providing prearranged rides as a transportation network company driver, except that this provision shall not apply to an applicant or driver who has been convicted of human trafficking pursuant to section 1 of P.L.2005, c.77 (C.2C:13-8), any crime involving an act or practice of one or more of the severe forms of trafficking in persons as described in paragraph (11) of 22 U.S.C. S.7102, the federal "Trafficking Victims Protection Act of 2000," or a comparable crime in another jurisdiction. A transportation network company, or a third party designated by the transportation network company, shall take reasonable measures to confirm the validity of the certificate, such as contacting the relevant court or government agency;
b. The applicant's or driver's driving record check reveals more than three moving violations in the prior three-year period, or one of the following violations in the prior three-year period:
(1) driving under the influence pursuant to R.S.39:4-50;
(2) resisting arrest; eluding an officer pursuant to N.J.S.2C:29-2;
(3) reckless driving pursuant to R.S.39:4-96;
(4) driving with a suspended or revoked license pursuant to R.S.39:3-40; or
(5) a violation committed in any other state, territory, commonwealth, or other jurisdiction of the United States that is comparable to one of the violations enumerated in paragraph (1), (2), (3), or (4) of this subsection;
c. The applicant or driver is a match in the United States Department of Justice's Dru Sjodin National Sex Offender Public Website;
d. The applicant or driver is not a holder of a valid basic driver's license;
e. The applicant or driver does not possess proof of valid vehicle registration for the driver's personal vehicle to be used to provide prearranged rides;
f. The applicant or driver does not possess proof of valid automobile liability insurance for the personal vehicle; [or]
g. The applicant or driver is under 21 years of age; or
h. Beginning on January 1, 2035, the personal vehicle to be used by the driver or applicant in the provision of prearranged rides is not an electric vehicle.
(cf: P.L.2022, c.11, s.2)
4. Section 21 of P.L.2017, c.26 (C.39:5H-21) is amended to read as follows:
21. A transportation network company shall take steps to prohibit unauthorized drivers from logging on to the transportation network company's digital network as a transportation network company driver, including:
a. assigning a unique network access key, which shall include a username and password, for each authorized transportation network company driver to enable the driver to log on to the transportation network company's digital network;
b. requiring each driver to keep the network access key confidential and prohibiting the driver from sharing this information with a third party; [and]
c. establishing procedures for responding to complaints from a transportation network company rider claiming the picture provided of the driver on the transportation network company's website or digital network does not match the driver of the prearranged ride; and
d. establishing procedures for responding to complaints from a transportation network company rider claiming the personal vehicle used by a driver after December 31, 2034 was not an electric vehicle.
(cf: P.L.2017, c.26, s.21)
5. This act shall take effect immediately, but shall remain inoperative until January 1, 2035.
STATEMENT
This bill requires all transportation network company drivers to use electric vehicles in the provision of prearranged rides beginning on January 1, 2035.
Under the bill, if a driver fails to comply with the requirements of the bill, the transportation network company would be required to take steps to prohibit the driver from accessing the transportation network company's digital network or providing prearranged rides. Specifically, the bill requires each transportation network company to establish procedures for responding to complaints from riders claiming that the personal vehicle used by a driver after December 31, 2034 was not an electric vehicle.
Beginning on January 1, 2035, the bill also provides that when a person applies to become a transportation network company driver, the applicant would be required to provide proof, in a form and manner prescribed by the New Jersey Motor Vehicle Commission, that each personal vehicle to be used by the applicant to provide prearranged rides is an electric vehicle, as defined in the bill.
