[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1871 Introduced in Senate (IS)]
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116th CONGRESS
1st Session
S. 1871
To amend title 23, United States Code, to compel States to require
illuminated signs and other measures on ride-hailing vehicles, to
require transportation network companies to implement an electronic
access system on ride-hailing vehicles, to prohibit the sale of such
signs, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 13, 2019
Mr. Cardin (for himself, Mr. Blumenthal, and Mr. Menendez) introduced
the following bill; which was read twice and referred to the Committee
on Environment and Public Works
_______________________________________________________________________
A BILL
To amend title 23, United States Code, to compel States to require
illuminated signs and other measures on ride-hailing vehicles, to
require transportation network companies to implement an electronic
access system on ride-hailing vehicles, to prohibit the sale of such
signs, and for other purposes.
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. DEFINITIONS.
In this Act, the terms ``machine-readable code or image'',
``personal mobile device'', ``QR code'', ``TNC driver'', ``TNC
platform'', ``TNC vehicle'', ``trade dress'', and ``transportation
network company'' have the meanings given those terms in section 171(a)
of title 23, United States Code.
SEC. 3. SANCTIONS FOR STATES WITHOUT TRANSPORTATION NETWORK COMPANY
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) Definitions.--In this section:
``(1) Machine-readable code or image.--The term `machine-
readable code or image' means a machine-readable optical label
that--
``(A) is unique to each TNC driver and the vehicle
of the TNC driver; and
``(B) can be scanned using a special scanner or a
personal mobile device with a built-in camera.
``(2) Personal mobile device.--The term `personal mobile
device' means any mobile device that an individual uses to
connect to a TNC platform.
``(3) QR code.--The term `QR code' means a machine-readable
code or image that--
``(A) is also known as a quick response code; and
``(B) consists of a matrix or 2-dimensional
barcode.
``(4) TNC driver.--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) TNC platform.--The term `TNC platform' means an
online-enabled application or digital network used to connect
passengers with drivers using vehicles for the purpose of
providing prearranged transportation services for compensation.
``(6) TNC vehicle.--The term `TNC vehicle' means a vehicle
of a TNC driver that the TNC driver uses to provide TNC
services (also known as a ride-hailing vehicle).
``(7) Trade dress.--The term `trade dress' means anything
designed or used to promote or signify a transportation network
company or a vehicle used to provide transportation services to
the public, such as the logo of the company, and includes the
color, shape, size, or any other feature that makes the
presentation of the service distinctive.
``(8) Transportation network company.--The term
`transportation network company' means a company that uses an
online-enabled application platform or digital network to
connect passengers with drivers using personal, noncommercial
vehicles of the drivers to provide transportation services.
``(b) Withholding of Funds for Noncompliance.--
``(1) First fiscal year.--On October 1 of second full
fiscal year beginning 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) for that fiscal year if the State
is not in compliance with subsection (c) on that date.
``(2) Subsequent fiscal years.--On October 1 of the third
full fiscal year beginning after the date of enactment of this
section, and each October 1 thereafter, 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) for that fiscal year if the State is not in compliance
with subsection (c) on that date.
``(3) Effect of withholding of funds.--No funds withheld
under this section from an apportionment to a State shall be
available to that State.
``(c) Requirements.--A State shall be in compliance with this
subsection if the State has in effect the following laws with respect
to transportation network companies operating in that State:
``(1) Front and rear license plates.--A law requiring that
each TNC vehicle display a State-issued license plate on both
the front and rear of the vehicle.
``(2) Inspection and signage requirements.--A law requiring
TNC drivers to present TNC vehicles for inspection by not later
than 180 days after the date of enactment of that law, or, in
the case of a State that already has in effect a law that meets
the requirements of this paragraph, not later than 180 days
after the date of enactment of this section, and annually
thereafter, including each of the following:
``(A) A provision requiring each TNC driver to
affix a sticker with a machine-readable code or image,
provided to that driver pursuant to section 4(b)(2) of
Sami's Law, on each window of the vehicle of the TNC
driver adjacent to where passengers may sit.
``(B) A provision that prohibits a TNC driver from
providing TNC services if the TNC vehicle does not pass
the inspection.
``(C) A provision that requires periodic safety
inspections of the TNC vehicle performed at intervals
of not less frequently than once each year.
``(D) A provision that requires, at all times when
the TNC driver is active on the TNC platform or
providing any TNC service, each TNC vehicle to display
a consistent and distinctive signage or emblem that--
``(i) is recognized as a trade dress for
the transportation network company;
``(ii) is readable during daylight hours at
a distance of 50 feet;
``(iii) includes an illuminated
transportation network company sign that
displays the proprietary trademark or logo of
the company that is patently visible so as to
be seen in darkness; and
``(iv) may be magnetic or removable in
nature.
``(3) Unlawful display.--A law providing that an individual
who is not a TNC driver may be charged with a misdemeanor for
displaying the illuminated sign described in paragraph
(2)(D)(iii) on any vehicle with the intent to impersonate a TNC
driver operating a TNC vehicle.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by adding at the end the following:
``171. Sanctions for States without transportation network company
vehicle identification laws''.
SEC. 4. ACCESS AND OTHER REQUIREMENTS FOR TRANSPORTATION NETWORK
COMPANY VEHICLES AND TRANSPORTATION NETWORK COMPANIES.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, each transportation network company shall--
(1) establish and implement a system that requires--
(A) each individual who uses the TNC platform of a
transportation network company to verify the identity
of the TNC driver assigned to the individual via the
TNC platform for the trip; and
(B) that TNC driver to confirm the identity of the
individual prior to the beginning of a trip.
(b) Inclusions.--A system under subsection (a) shall include--
(1) a machine-readable code or image that is unique to each
TNC driver and the vehicle of the TNC driver, such as a QR code
or a successor technology, that can be scanned by the
individual hailing the driver, using a personal mobile device
with a built-in camera;
(2) forward-facing window stickers containing the machine-
readable code or image described in paragraph (1) that shall be
provided to each TNC driver;
(3) the ability, via the TNC platform of the transportation
network company--
(A) to provide to each individual who is assigned a
TNC driver the unique machine-readable code or image of
that driver; and
(B) to provide a means by which that individual may
scan the machine-readable code or image displayed on
the window sticker of the TNC vehicle, using the TNC
platform on the personal mobile device of the
individual, to confirm the identity of the TNC driver
who is assigned to the individual prior to entering the
vehicle; and
(4) policies or procedures that--
(A) restrict each TNC driver from commencing a trip
until the individual who has requested the trip
successfully verifies the identity of the TNC driver by
scanning the machine-readable code or image;
(B) prohibit a TNC driver from providing TNC
services if the TNC vehicle or TNC driver is not in
compliance with this section;
(C) require a periodic safety inspection of the TNC
vehicle performed at intervals of not less frequently
than once each year; and
(D) require each TNC vehicle, at all times when the
TNC driver is active on the TNC platform or providing
any TNC service, to display a consistent and
distinctive signage or emblem that--
(i) is recognized as a trade dress for the
transportation network company;
(ii) is readable during daylight hours at a
distance of 50 feet;
(iii) includes an illuminated
transportation network company sign displaying
the proprietary trademark or logo of the
company that is patently visible so as to be
seen in darkness; and
(iv) may be magnetic or removable in
nature.
(c) Signage Policy.--Not later than 180 days after the date of
enactment of this Act, each transportation network company shall
implement a policy to require that any illuminated signage described in
section 171(c)(2)(D)(iii) of title 23, United States Code, be returned
to the transportation network company when a TNC driver ceases to be
employed or contracted by the company.
SEC. 5. PROHIBITION ON SALE OF TRANSPORTATION NETWORK COMPANY SIGNAGE.
It shall be unlawful for any person to sell or offer for sale any
illuminated sign described in section 171(c)(2)(D)(iii) of title 23,
United States Code.
SEC. 6. UNFAIR OR DECEPTIVE ACT OR PRACTICE.
(a) In General.--A violation of section 4 or section 5 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)).
(b) Powers of Federal Trade Commission.--
(1) In general.--The Federal Trade Commission shall enforce
sections 4 and 5 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 such sections.
(2) Privileges and immunities.--Any person who violates
section 4 or section 5 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. 7. GAO STUDY ON THE INCIDENCE OF ASSAULT AND ABUSE OF
TRANSPORTATION NETWORK COMPANY PASSENGERS AND DRIVERS.
The Comptroller General of the United States shall--
(1) conduct a study on the incidence of assault and abuse
perpetrated on drivers by passengers using TNC vehicles, and on
passengers by drivers of TNC vehicles, including an examination
of--
(A) incidences in which individuals who are not TNC
drivers attempt to pose as TNC drivers;
(B) incidences of passengers who hailed a ride
through a TNC platform entering the wrong vehicle,
whether or not the vehicle was a TNC vehicle;
(C) efforts by transportation network companies,
States, and local governments to implement additional
safety measures, practices, and requirements, and the
efficacy of those measures, practices, and
requirements; and
(D) the nature and specifics of any background
checks conducted by transportation network companies on
potential TNC drivers, including any State laws that
may require such background checks; and
(2) submit to Congress a report on the results of the study
under paragraph (1) by not later than 1 year after the date of
enactment of this Act.
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