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 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 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. 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.

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.

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.

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.

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.

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.
  (Note: This summary applies to this bill as introduced.)