Baker-Polito Administration Files Legislation to Improve Public Safety and Data Reporting Requirements for Transportation Network Companies
Legislation
Builds on Most Stringent Background Check System for Rideshare Companies in the
Country
BOSTON — The
Baker-Polito Administration today filed legislation to build on the
Commonwealth’s comprehensive oversight of Transportation Network Companies
(TNC) by improving public safety requirements and obtaining additional ride
data to assist with transportation planning, congestion management, and vehicle
emissions tracking. Additionally, An
Act Relative to Transportation Network Companies would provide needed flexibility for the ban on
surge pricing during a State of Emergency, and expand the types of companies
subject to state TNC laws and regulations.
“The safety of Massachusetts residents and
visitors is our top priority and this legislation will institute additional
public safety measures for passengers and law enforcement, provide important
information to transportation planners and reduce administrative burdens for
cities and towns,” said Governor Charlie Baker. “The
Commonwealth was a national leader in providing background checks and a
regulatory framework for the rideshare industry, and as the industry evolves
into an important element of our transportation system, we are pleased to file
this bill ensuring that the Commonwealth’s transportation network can continue
to grow in a safe and responsible manner.”
“This legislation continues our
Administration’s efforts to promote economic growth and modernize our
transportation system, and we look forward to working with our partners in the
Legislature to move this bill forward and ensure safe, reliable transportation
options for all Commonwealth residents,” said
Lieutenant Governor Karyn Polito. “Critically, this legislation will make sure communities
are provided the information they need to make local infrastructure and
environmental planning decisions.”
“Transportation emissions account for over 40
percent of climate-changing emissions in Massachusetts, so the Baker-Polito
Administration is working hard to reduce these emissions and protect Commonwealth
residents,” said Secretary of Energy and
Environmental Affairs Kathleen Theoharides. “As the rideshare industry continues to grow in the
Commonwealth, this legislation would ensure we have the data we need to combat
climate change and achieve net zero emissions by 2050.”
“From a public safety
perspective, this bill will greatly enhance our efforts to protect TNC
users,” said Secretary of
Public Safety and Security Thomas Turco. “By strengthening the laws
against ‘account renting,’ creating a criminal penalty for misusing riders’
personal information, and adding additional regulatory safeguards, it will help
ensure that riders know whose car they’re entering and that they can do so
safely.”
The Administration previously filed An Act Relative to Public Safety and Transparency by
Transportation Network Companies in 2019, but today’s legislation includes a newly filed provision that gives the
Department of Public Utilities (DPU) exclusive authority to regulate large
livery companies operating throughout the state on a digital network. This provision will ensure that livery
companies operating on a digital network with over 100 drivers will be
subject to the statewide TNC laws and regulations. Smaller livery
companies will remain regulated at the municipal level, regardless of whether
they operate on a digital network.
The proposal would build on Massachusetts’s
TNC safety and enforcement laws, some of the most stringent and comprehensive in
the country, by:
· Increasing fines and penalties, up to two and
half years in a House of Correction, for the practice of “account renting,” or
allowing another individual to utilize a TNC driver’s account or identity, to
provide TNC services.
· Making it a criminal offense for a driver to
exploit the personal information of a rider to stalk, harass or defraud a
rider.
· Implementing tougher penalties for drivers
who:
o Fail to maintain a driver certificate or a
background check clearance certificate
o Fail to display TNC vehicle decals
o Fail to maintain adequate insurance, or carry
proof of a TNC vehicle inspection
This legislation also allows for new
transportation data to be collected from TNCs and eases the administrative
burden on small towns. Specifically, the bill will:
· Authorize the DPU to obtain more detailed trip
data from TNCs on a monthly basis that can then be shared in an anonymous and
confidential manner with state agencies, municipalities and local organizations
for planning purposes.
o The more detailed data called for in this
legislation includes total miles and minutes when drivers are en route to pick
up riders and when they are providing rides; whether riders were successfully
matched for shared rides; and additional data on accidents and reasonable
accommodations.
· Allow better emissions data to be collected by
requiring TNCs to report the total miles and minutes that each vehicle is on
the road, together with vehicle make, model and year information.
· Reduce the reporting requirements for
communities that receive $25,000 or less annually from TNCs and allow those
communities to make spending decisions on those relatively small funds without
going through their local appropriation process.
The additional data will help transportation
planners analyze how rides impact transportation infrastructure and the
environment, and allow them to make more informed decisions about the location
of dedicated bus lanes, specific investments in infrastructure, and overall
impacts from vehicle emissions.
The legislation also gives the DPU the authority
to determine whether it is appropriate to permit transportation network
companies to utilize surge pricing during a State of Emergency. Enabling surge
pricing under certain circumstances and with appropriate limitations could
increase the supply of drivers, which reduces wait times and ensures reliable
transportation options.
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