[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4535 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 4535

To require transportation network companies to provide customers notice 
when a driver has a camera in their motor vehicle and provide customers 
an opportunity to opt out of riding in motor vehicles with cameras, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 13, 2024

  Mrs. Blackburn (for herself and Mr. Welch) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To require transportation network companies to provide customers notice 
when a driver has a camera in their motor vehicle and provide customers 
an opportunity to opt out of riding in motor vehicles with cameras, 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 the ``Safe and Private Rides Act''.

SEC. 2. REQUIREMENTS FOR TRANSPORTATION NETWORK COMPANIES PERTAINING TO 
              CAMERAS IN MOTOR VEHICLES.

    (a) Registering Requirement, Notice and Opportunity To Opt Out of 
Riding in Cars With Cameras, and Restriction on Use of Passenger 
Recording.--A transportation network company shall--
            (1) for the purpose of enabling the notification described 
        in paragraph (2), require each driver affiliated with the 
        transportation network company to register with such company 
        any camera in the motor vehicle of the driver that records 
        video images of passengers;
            (2) notify each passenger of each camera registered with 
        the transportation network company;
            (3) develop and implement a process to address any 
        violation of the requirement under paragraph (1);
            (4) provide any customer of the transportation network 
        company with--
                    (A) a clear and prominent notice on the application 
                of the transportation network company when a driver 
                affiliated with such company uses a motor vehicle that 
                has a camera in the motor vehicle that records video 
                images of passengers; and
                    (B) subject to the standards described in 
                subsection (b), an opportunity on such application to 
                opt out of riding in any motor vehicle that has a 
                camera in the motor vehicle that records video images 
                of passengers;
            (5) not retain or transfer a recording of a passenger 
        except as necessary to report criminal activity, for insurance 
        purposes, or to determine compliance with the terms of service 
        of a transportation network company; and
            (6) establish a mechanism by which a passenger of the 
        transportation network company may report instances of being--
                    (A) recorded without being notified; or
                    (B) connected with a driver with a camera in the 
                motor vehicle that records video images of passengers 
                after such passenger opted out pursuant to paragraph 
                (4)(B).
    (b) Standards for the Opportunity To Opt Out.--For purposes of the 
opportunity to opt out described in subsection (a)(2)(B), a 
transportation network company shall--
            (1) allow any customer to revoke consent to ride in a motor 
        vehicle that has a camera in such vehicle through an accessible 
        and easily navigable mechanism;
            (2) provide an option to opt out that is clearly displayed 
        in the application settings or another easily accessible 
        location in that application;
            (3) provide to a customer an opportunity to opt out of 
        riding in a motor vehicle that has a camera in such vehicle 
        that is independent from the customer agreeing to the terms of 
        service of the transportation network company; and
            (4) only infer a customer's decision to opt out based on 
        the customer taking a direct action that a reasonable person 
        would constitute as an affirmative revocation of consent.
    (c) Limitation of Liability.--No transportation network company 
that has complied with subsections (a) and (b) shall be liable for the 
actions of a driver affiliated with such company who otherwise violates 
such subsections.
    (d) Enforcement by the Commission.--
            (1) Unfair or deceptive act or practices.--A violation of 
        this Act shall be treated as an unfair or deceptive act or 
        practice in violation of a rule promulgated under section 
        18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 
        57a(a)(1)(B)).
            (2) Powers of the commission.--
                    (A) In general.--The 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 section.
                    (B) Privileges and immunities.--Any transportation 
                network company that violates this Act 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.).
                    (C) Authority preserved.--Nothing in this Act shall 
                be construed to limit the authority of the Commission 
                under any other provision of law.
    (e) Effective Date.--The requirements established in this Act shall 
take effect on the date that is 180 days after the enactment of this 
Act.
    (f) Definitions.--In this Act:
            (1) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (2) Motor vehicle.--The term ``motor vehicle'' means any 
        vehicle which is manufactured primarily for use on public 
        streets, roads, and highways (not including a vehicle operated 
        exclusively on a rail or rails) and which has at least 4 
        wheels.
            (3) Transportation network company.--
                    (A) In general.--The term ``transportation network 
                company'' means any entity that uses a digital network 
                to connect a customer to a driver affiliated with the 
                company in order for the driver to provide 
                transportation services using a motor vehicle to the 
                customer.
                    (B) Exclusions.--The term ``transportation network 
                company'' does not include--
                            (i) a shared-expense carpool or vanpool 
                        arrangement that is not intended to generate a 
                        profit for the driver; or
                            (ii) microtransit or other dedicated 
                        transportation services provided exclusively on 
                        behalf of a government entity, a nonprofit 
                        organization, or a third-party commercial 
                        enterprise.
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