NLR 96/23 - Transportation Network Company Regulations under the Highway Traffic Act

NEWFOUNDLAND AND LABRADOR REGULATION 96/23 Transportation Network Company Regulations under the Highway Traffic Act (O.C.2023 -297) (Filed December 21, 2023) Under the authority of section 186 of the Highway Traffic Act, the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, December 21, 2023. Krista Quinlan Clerk of the Executive Council REGULATIONS Analysis 1. Short title 2. Definitions 3. Application for licence 4. Terms and conditions of licence 5. Identification decal 6. Information to be provided to passengers 7. Payment and receipt 8. Records 9. Retention of records Short title 1. These regulations may be cited as the Transportation Network Company Regulations . 96/23 s1 Back to Top Definitions 2. In these regulations, (a) "Act" means the Highway Traffic Act ; (b) "class 4 driver's licence" means a licence issued under paragraph 3(2)(d) of the Highway Traffic Driver Regulations, 1999 ; and (c) "trip" means the use of a ride-sharing service for transportation. 96/23 s2 Back to Top Application for licence 3. In addition to the documents and information prescribed in section 24.1 of the Act, a person applying for a licence to carry on business as a transportation network company shall provide the following documents and information: (a) a list of the drivers affiliated with the transportation network company at the date of the application for a licence; (b) the name of the transportation network; (c) proof satisfactory to the registrar that the transportation network company (i) maintains insurance of a type and amount required under the Ambulance, Bus, School Bus, Taxi, Ride-Sharing Motor Vehicles and Commercial Motor Vehicles Insurance Regulations for all drivers affiliated with the transportation network company, (ii) obtained a certified criminal records check satisfactory to the registrar from the Royal Newfoundland Constabulary, the Royal Canadian Mounted Police or another organization approved by the minister for all drivers affiliated with the transportation network company at the date of the application for a licence, (iii) is an HST registrant as defined in paragraph 2(dd) of the Revenue Administration Act , and (iv) uses a global positioning system which is capable of monitoring and recording the locations of all motor vehicles affiliated with the transportation network company; and (d) a copy of the transportation network company's policies and procedures relating to criminal record checks of drivers affiliated with the transportation network company that is satisfactory to the registrar. 96/23 s3 Back to Top Terms and conditions of licence 4. (1) A licence issued under section 24.1 of the Act is subject to the terms and conditions prescribed in subsection (2). (2) A transportation network company shall (a) notify the registrar of any change in the information or documentation provided to the registrar under section 3; (b) ensure that all drivers affiliated with the transportation network company have a class 4 driver's licence; (c) ensure that all motor vehicles affiliated with the transportation network company comply with the Act and regulations made under the Act; (d) ensure that the following information is maintained on the transportation network: (i) a clear and accurate image of each driver affiliated with the transportation network company which matches the current likeness of the driver, (ii) the first name of each driver affiliated with the transportation network company, (iii) the make, model, model year or image and the licence plate number of the motor vehicle used by each driver affiliated with the transportation network company, and (iv) the name and contact information for the transportation network company; (e) ensure that all drivers affiliated with the transportation network company (i) comply with the Act and regulations under the Act, (ii) do not have conditions or restrictions on their driver's licence or motor vehicle registration which would prohibit them from operating a motor vehicle used for a ride-sharing service, and (iii) are not subject to any undertaking, release order, recognizance, probation order, prohibition order or other court issued order prohibiting or preventing them from performing any function relating to providing a ride-sharing service; (f) submit to the registrar monthly a list of all drivers affiliated with the transportation network company; (g) notify the registrar immediately when a driver affiliated with the transportation network company ceases to be affiliated with the transportation network company; (h) terminate a driver's affiliation with the transportation network company where the driver or the driver's motor vehicle no longer satisfies the requirements of the Act or regulations under the Act; (i) use its transportation network to (i) facilitate the pre-arrangement and dispatch of all trips, (ii) transmit all information required to be provided to passengers and drivers as required by these regulations, and (iii) record information required to be recorded under these regulations; and (j) not accept a request for or dispatch a trip through any means other than through the transportation network. 96/23 s4 Back to Top Identification decal 5. (1) A motor vehicle used for a ride-sharing service shall have a decal issued by the transportation network company. (2) The decal referred to in subsection (1) shall (a) measure at least 8 centimetres by 8 centimetres or have a surface area of at least 64 square centimetres; (b) be located on at least 2 sides of the motor vehicle; and (c) be visible to the public. 96/23 s5 Back to Top Information to be provided to passengers 6. (1) A transportation network company shall (a) provide the following information to a passenger in a clear and unambiguous manner at the time a passenger requests a trip and before the start of the trip: (i) the applicable rate charged for the trip, (ii) any variable or surge pricing for the trip, (iii) an estimate of the total cost of the trip, (iv) if any other passengers can or are being picked up on the trip, (v) the first name and clear and accurate image of the driver which matches the current likeness of the driver, (vi) the motor vehicle make, model, model year or image and motor vehicle licence plate number, and (vii) estimated time of pick up; (b) make the following information publicly accessible on its website or transportation network at all times: (i) that payment may only be made through the transportation network, (ii) a way to contact the transportation network company including the legal name of the transportation network company and its registered business address, (iii) that the trip data is being recorded including a link to the transportation network company's privacy policy, and (iv) information regarding the trip request cancellation policies; (c) for the duration of the trip, provide the global positioning system tracking of the location and route of the motor vehicle in a format that can be shared by the passenger with others not in the motor vehicle; (d) for the duration of the trip, provide the information contained in subparagraphs (1)(a)(v) and (vi); (e) provide the ability for the passenger to rate the driver; and (f) include a process by which the passenger accepts or refuses the motor vehicle used for a ride-sharing service before the trip is initiated and keep a record of such acceptance or refusal. (2) The driver and motor vehicle identified under paragraph (1)(a) shall be the driver and motor vehicle that provide the ride-sharing service requested by the passenger. (3) All calculations relating to distance, time or cost shall be accurate and completed in a manner as to not be misleading or deceptive. (4) Charges other than those disclosed in accordance with this section shall not be charged to a passenger for the ride-sharing service requested by the passenger. 96/23 s6 Back to Top Payment and receipt 7. (1) A transportation network company shall provide a secure payment mechanism through its transportation network. (2) A person shall not accept payment for a ride-sharing service other than through the transportation network of a transportation network company. (3) For each trip a transportation network company shall issue a receipt to the passenger containing the following information: (a) the total amount paid; (b) the date, time and duration of the trip; (c) the pick-up and drop off locations; (d) the route taken; (e) the driver's first name; (f) the motor vehicle licence plate number; and (g) the name of the transportation network company. (4) A receipt referred to in subsection (3) may be provided electronically. 96/23 s7 Back to Top Records 8. (1) A transportation network company shall use its transportation network to record the following information for each trip dispatched by the transportation network company: (a) the date and time of each request for a ride-sharing service received through the transportation network; (b) the date and time a driver accepts the dispatch; (c) the date and time of pick-up and drop off; (d) the duration of the trip; (e) the motor vehicle licence plate number; (f) the full name of the driver; and (g) the route taken. (2) In addition to the records required under subsection (1), a transportation network company shall keep the following records: (a) a list of every driver and motor vehicle affiliated with the transportation network company including the driver's full name and address and the motor vehicle make, model, model year and licence plate number; and (b) inspections of motor vehicles affiliated with the transportation network company. (3) A transportation network company shall obtain the consent of each driver affiliated with the transportation network company for the collection, use and disclosure of any personal information required to be collected, used or disclosed under the Act or these regulations. 96/23 s8 Back to Top Retention of records 9. (1) A transportation network company shall retain the records required to be kept under these regulations in an accessible format for a minimum of 4 years from the date the record was created. (2) Where requested, a transportation network company shall provide, in the form, manner and time set by the registrar, the information and records referred to in subsections 8(1) and (2). (3) A transportation network company shall ensure that records destroyed after the retention period referred to in subsection (1) are destroyed in a secure manner. 96/23 s9