[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3262 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 3262
To amend title 23, United States Code, to compel States to require
illuminated signs and other measures on ride-hailing vehicles, to
prohibit the sale of such signs, to require ride-hailing companies to
implement an electronic access system on ride-hailing vehicles, and to
be known as ``Sami's Law''.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 13, 2019
Mr. Smith of New Jersey (for himself and Mr. Suozzi) introduced the
following bill; which was referred to the Committee on Transportation
and Infrastructure, and in addition to the Committee on Energy and
Commerce, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend title 23, United States Code, to compel States to require
illuminated signs and other measures on ride-hailing vehicles, to
prohibit the sale of such signs, to require ride-hailing companies to
implement an electronic access system on ride-hailing vehicles, and to
be known as ``Sami's Law''.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as ``Sami's Law''.
SEC. 2. SANCTIONS FOR STATES WITHOUT RIDE-HAILING VEHICLE
IDENTIFICATION LAWS.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 171. Sanctions for States without transportation network company
vehicle identification laws
``(a) Withholding of Funds for Noncompliance.--
``(1) First fiscal year.--On the first day of the fiscal
year that is two years after the date of enactment of this
section, the Secretary shall withhold 1 percent of the amount
required to be apportioned to a State under each of paragraphs
(1) and (2) of section 104(b) if the State does not meet the
requirements of subsection (b) on the first day of the fiscal
year.
``(2) Subsequent fiscal years.--On the first day of each
fiscal year beginning 3 years after the date of enactment of
this section, the Secretary shall withhold 2.5 percent of the
amount required to be apportioned to a State under each of
paragraphs (1) and (2) of section 104(b) if the State does not
meet the requirements of subsection (b) on the first day of the
fiscal year.
``(3) Effect of withholding of funds.--No funds withheld
under this subsection from apportionment to any State shall be
available at any point for apportionment to that State.
``(b) Requirements.--A State meets the requirements of this
subsection if the Governor of the State certifies to the Secretary that
the State has enacted and is enforcing the following laws with respect
to TNC drivers and TNC vehicles operating in that State:
``(1) Front and rear license plates.--A law requiring that
every TNC vehicle has a duly issued general State license plate
on both the front and rear of the vehicle.
``(2) Inspection and sign requirements.--A law requiring
TNC drivers to present TNC vehicles for inspection not later
than 180 days after the date of enactment of such laws (unless
the State has enacted and is enforcing a law meeting the
requirements of this subsection on the date of enactment of
this section) and annually thereafter. Such law shall include
the following:
``(A) A provision requiring each TNC driver to
affix the stickers containing the optical code or label
provided to that driver (pursuant to section 3(1)(A) of
Sami's Law) on each window of the TNC driver's vehicle
adjacent to where passengers may sit.
``(B) A provision that requires periodic safety
inspections of the TNC vehicle performed at intervals
of at least once each year.
``(C) A provision that requires each TNC vehicle to
display a consistent and distinctive sign at all times
when the TNC driver is active on the TNC digital
platform or providing any prearranged transportation
service. Such sign--
``(i) shall include the transportation
network company's proprietary trademark or
logo;
``(ii) shall be readable during daylight
hours at a distance of 50 feet;
``(iii) shall be illuminated so that it is
patently visible in darkness; and
``(iv) may be magnetic or removable in
nature.
``(D) A provision that does not permit a TNC driver
to provide TNC services if the TNC vehicle does not
pass such inspection.
``(3) Unlawful display.--A law that prohibits an individual
who is not a TNC driver for a transportation network company
from displaying on any vehicle the sign described in paragraph
(2)(C) that is affiliated with that company on any vehicle with
the intent to pass himself or herself off as a TNC driver
operating a TNC vehicle for the transportation network company
affiliated with that sign.
``(c) Definitions.--As used in this section--
``(1) the term `TNC driver' means an individual who is
employed or contracted by a transportation network company to
provide transportation services to the public through a TNC
platform;
``(2) the term `TNC platform' means an online-enabled
application or digital network used to connect riders to TNC
drivers for the purpose of providing prearranged transportation
services;
``(3) the term `TNC vehicle' means a vehicle owned, leased,
or otherwise authorized for use by a TNC driver that the TNC
driver uses to provide TNC services, also known as a ride-
hailing vehicle; and
``(4) the term `transportation network company'--
``(A) means a corporation, partnership, sole
proprietorship, or other entity, that uses a digital
network to connect riders to drivers affiliated with
the entity in order for the driver to transport the
rider using a vehicle owned, leased, or otherwise
authorized for use by the driver to a point chosen by
the rider; and
``(B) does not include a shared-expense carpool or
vanpool arrangement that is not intended to generate
profit for the driver.''.
SEC. 3. ACCESS AND OTHER REQUIREMENTS FOR RIDE-HAILING VEHICLES AND
RIDE-HAILING COMPANIES.
Not later than 180 days after the date of enactment of this Act,
each transportation network company shall establish and implement the
following system, prohibition, requirement, and policy:
(1) A system that enables each individual who uses a TNC
platform to verify the identity of the TNC driver who is
provided to such individual via that TNC platform, and such TNC
driver to confirm the identity of such individual prior to the
beginning of a trip. Such system shall include the following:
(A) A machine-readable code or image, such as a QR
code (or successor technology), that can be scanned by
the individual hailing such driver, using a personal
mobile device with a built-in camera. The
transportation network company shall provide to each
TNC driver forward-facing window stickers containing
such code or label.
(B) The ability, via the transportation network
company's TNC platform, to--
(i) provide to each individual who is
assigned a TNC driver via such platform the
unique machine-readable code or label of that
TNC driver;
(ii) provide a means by which such
individual may scan the machine-readable code
or label displayed on the window sticker of the
TNC vehicle, using the TNC platform on the
individual's personal mobile device, to confirm
the identity of the TNC driver who is assigned
to the individual prior to entering the
vehicle; and
(iii) restrict each TNC driver from
commencing a trip until the individual who has
opted to use and scan the machine-readable code
or label verifies the identity of the TNC
driver by scanning the code or label.
(2) A prohibition on a TNC driver from providing TNC
services if the TNC vehicle of that driver does not pass
inspections required by the State in which the TNC driver's
vehicle is licenced.
(3) A requirement that all TNC vehicles display a
consistent and distinctive sign provided by the transportation
network company at all times when the TNC driver is active on
the TNC digital platform or providing any TNC service. Such
sign--
(A) shall include the transportation network
company's proprietary trademark or logo;
(B) shall be readable during daylight hours at a
distance of 50 feet;
(C) shall be illuminated so that it is patently
visible in darkness; and
(D) may be magnetic or removable in nature.
(4) A policy to require that any sign described in
paragraph (3) be returned to the transportation network company
when a TNC driver ceases to be employed or contracted by such
company.
SEC. 4. PROHIBITION ON SALE OF RIDE-HAILING SIGN.
It shall be unlawful for any person other than a transportation
network company to sell or offer for sale any sign described in section
3(3).
SEC. 5. UNFAIR OR DECEPTIVE ACT OR PRACTICE.
A violation of a section 3 or 4 shall be treated as a violation of
a rule defining an unfair or deceptive act or practice prescribed under
section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C.
57a(a)(1)(B)). The Federal Trade Commission shall enforce this Act in
the same manner, by the same means, and with the same jurisdiction,
powers, and duties as though all applicable terms and provisions of the
Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated
into and made a part of this Act. Any person who violates section 3 or
section 4 shall be subject to the penalties and entitled to the
privileges and immunities provided in the Federal Trade Commission Act
(15 U.S.C. 41 et seq.).
SEC. 6. DEFINITIONS.
For purposes of this Act--
(1) the term ``machine-readable code or image'' means a
machine-readable optical label that is unique to each TNC
driver and the vehicle of such TNC driver and can be scanned
using a personal mobile device with a built-in camera;
(2) the term ``personal mobile device'' means any mobile
device that an individual uses to connect to a TNC platform;
(3) the term ``QR code'' means a machine-readable code or
image also known as a quick response code and consists of a
matrix or two-dimensional barcode;
(4) the term ``TNC driver'' means an individual who is
employed or contracted by a transportation network company to
provide transportation services to the public through a TNC
platform;
(5) the term ``TNC platform'' means an online-enabled
application or digital network used to connect riders to TNC
drivers for the purpose of providing prearranged transportation
services;
(6) the term ``TNC vehicle'' means a vehicle owned, leased,
or otherwise authorized for use by a TNC driver that the TNC
driver uses to provide prearranged transportation services,
also known as a ride-hailing vehicle; and
(7) the term ``transportation network company''--
(A) means a corporation, partnership, sole
proprietorship, or other entity, that uses a digital
network to connect riders to drivers affiliated with
the entity in order for the driver to transport the
rider using a vehicle owned, leased, or otherwise
authorized for use by the driver to a point chosen by
the rider; and
(B) does not include a shared-expense carpool or
vanpool arrangement that is not intended to generate
profit for the driver.
SEC. 7. GAO STUDY ON THE INCIDENCE OF ASSAULT AND ABUSE OF RIDE-HAILING
RIDERS AND DRIVERS.
The Comptroller General of the United States shall conduct a study
on the incidence of assault and abuse perpetrated on drivers by riders
using ride-hailing vehicles, and on such riders by drivers of ride-
hailing vehicles, and shall submit a report to Congress not later than
one year after the date of enactment of this Act. The report shall also
examine--
(1) the nature and specifics of any background checks
conducted by ride-hailing companies on potential drivers,
including any State laws which may require such background
checks;
(2) incidences where individuals who are not ride-hailing
drivers try to pose as ride-hailing drivers;
(3) incidences of ride-hailing passengers entering the
wrong vehicle, whether or not the vehicle was a ride-hailing
vehicle; and
(4) efforts by ride-hailing companies to implement
additional safety measures and practices and of State and local
governments requiring such measures, and the efficacy of those
efforts, practices, and requirements.
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