§ 11.45.040. TNC operations: service restrictions and operations requirements.

A.

A TNC is a business that, in accordance with this chapter, provides a TNC app, authorizes TNC drivers to use the TNC app, authorizes the personal vehicles to be used to provide TNC prearranged ride services, and electronically processes payments from passengers.

B.

A TNC shall not own or lease any vehicle used to transport passengers. Only personal vehicles owned or leased by TNC drivers, or which the driver is otherwise authorized to use for this purpose, may be used to provide TNC service.

C.

Fares, fees and payment processing. A TNC shall generally process payments for TNC services electronically using the company's digital network or TNC app. A TNC may allow payment information to be saved or stored if affirmatively authorized by the passenger, and shall protect such information from unauthorized disclosure.

D.

A TNC shall provide the transportation inspector and enforcement officers designated by the transportation inspector with passenger account(s) and capability to view on the TNC app, at any time, standard information provided to TNC passengers. These accounts shall not be blocked from access to the TNC app at any time, and the TNC shall take reasonable steps to ensure TNC drivers cannot identify the accounts belong to the transportation inspector or enforcement officers.

E.

Information provided to a passenger. Before a prospective passenger accepts the TNC driver and enters the TNC vehicle, the TNC app shall display, at a minimum:

1.

The TNC driver's first name; and

2.

The license plate number of the TNC vehicle, and its make and model.

F.

Fare calculation and estimate. A TNC shall disclose the method of fare calculation either on its website or within the TNC app used to access the digital network. Prior to commencing a passenger transport, the TNC digital network shall provide to the potential passenger the option to receive an estimated fare amount for the requested trip. If the passenger elects to receive a fare estimate, the TNC app shall require the passenger to affirmatively accept the estimate or decline the transportation prior to the TNC driver commencing the trip. An estimated amount shall include:

1.

The total fare or fare range, clearly displayed;

2.

If dynamic pricing is in effect, clearly indicate it; and

3.

Itemization of any additional charges, stated separately from the fare and clearly indicated, such as tips, waiting time charges, or any other surcharges.

G.

Dynamic pricing. TNCs are permitted to use dynamic pricing to incentivize drivers and increase the supply of available TNC vehicles on the digital network to meet demand. If the TNC uses dynamic pricing on its digital network, when it is in effect the TNC app shall:

1.

Clearly and visibly indicate to potential TNC passengers that dynamic pricing is in effect;

2.

Before the potential passenger is able to accept the transportation, require confirmation from the passenger that they understand that dynamic pricing is in effect and will be applied; and

3.

If the potential passenger requests an estimated fare amount for the requested trip, the estimate shall indicate the method of fare calculation under dynamic pricing.

H.

Electronic receipt required. After a prearranged ride is completed and the last passenger has disembarked, the TNC shall provide an electronic receipt to a paying passenger on behalf of the TNC driver which shall include:

1.

The TNC driver's first name and TNC vehicle license number;

2.

The origin and destination of the completed trip;

3.

The total time and distance of the trip, including any dynamic pricing factor applied;

4.

An itemization of the charges and the total fare paid; and

5.

Contact information for the TNC's customer service or for lodging complaints, disputes or locating articles left in the TNC vehicle.

I.

Disclosure of a passenger's personal information.

1.

A TNC shall not disclose a passenger's personal information to a third party unless the passenger consents to the disclosure, the disclosure is required by law, the disclosure is required to protect or defend the terms of use of the TNC's services, or the disclosure is required to investigate a violation of the terms of use.

2.

A TNC may share a passenger's name and/or anonymized phone number with a TNC driver in order to facilitate identification of the passenger by the driver, or to allow communication between such parties. However, a TNC shall provide the passenger with the option, through the TNC app, to disallow any communication with TNC drivers.

J.

Post-incident drug and alcohol testing. Upon receiving a report of a TNC driver being involved in a motor vehicle accident, the receipt of a traffic citation or being arrested for a motor vehicle related offense, a TNC shall report the incident to the transportation inspector, and, if it appears drug or alcohol use is likely to have contributed to the incident, require the TNC driver to submit to a post-incident drug and alcohol test administered by the program established by the commission pursuant to section 11.10.085 and regulations adopted thereunder. If the TNC driver's post-incident drug and alcohol test returns a positive result, or the person fails to submit to the test without good cause, the TNC shall disable the driver's access to the TNC app for a period of not less than six months. However, a positive result for marijuana shall not require disabling the driver's access unless the test demonstrates the TNC driver was under the influence of marijuana at the time of providing TNC services. Costs for the post-incident drug and alcohol test shall be borne by either the TNC or the TNC driver.

(AO No. 2017-30 , § 1, 3-21-17)