S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6090--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 16, 2015
                               ___________

Introduced  by M. of A. CAHILL, RYAN, MORELLE, FAHY, McDONALD, STIRPE --
  read once and referred to the Committee on Transportation -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the insurance law, the  vehicle  and  traffic  law,  the
  general  municipal  law  and  the  transportation  law, in relation to
  transportation network companies

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The insurance law is amended by adding a new section 3441
to read as follows:
  S 3441. TRANSPORTATION NETWORK COMPANIES.    (A)  NOTWITHSTANDING  ANY
OTHER PROVISION OF THIS CHAPTER, THIS SECTION SHALL APPLY TO TRANSPORTA-
TION NETWORK COMPANIES.
  (B)  FOR  PURPOSES  OF  THIS  SECTION  THE FOLLOWING DEFINITIONS SHALL
APPLY:
  (1) "PERSONAL VEHICLE" MEANS A MOTOR VEHICLE USED BY A  TRANSPORTATION
NETWORK COMPANY DRIVER AND IS:
  (A)  OWNED,  LEASED OR OTHERWISE AUTHORIZED FOR USE BY THE TRANSPORTA-
TION NETWORK COMPANY DRIVER; AND
  (B) NOT A TAXICAB, LIVERY OR FOR-HIRE VEHICLE.
  (2) "DIGITAL NETWORK" MEANS ANY ONLINE-ENABLED APPLICATION,  SOFTWARE,
WEBSITE OR SYSTEM OFFERED OR UTILIZED BY A TRANSPORTATION NETWORK COMPA-
NY  THAT ENABLES THE PREARRANGEMENT OF RIDES WITH TRANSPORTATION NETWORK
COMPANY DRIVERS.
  (3) "TRANSPORTATION NETWORK COMPANY" MEANS A CORPORATION, PARTNERSHIP,
SOLE PROPRIETORSHIP, OR OTHER ENTITY THAT IS  OPERATING  IN  THIS  STATE
THAT  USES  A  DIGITAL NETWORK TO CONNECT TRANSPORTATION NETWORK COMPANY
RIDERS TO TRANSPORTATION NETWORK COMPANY DRIVERS WHO PROVIDE PREARRANGED
RIDES. A TRANSPORTATION NETWORK COMPANY SHALL NOT BE DEEMED TO  CONTROL,
DIRECT OR MANAGE THE PERSONAL VEHICLES OR TRANSPORTATION NETWORK COMPANY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09726-05-5
              

A. 6090--A                          2

DRIVERS  THAT  CONNECT TO ITS DIGITAL NETWORK, EXCEPT WHERE AGREED TO BY
WRITTEN CONTRACT.
  (4) "TRANSPORTATION NETWORK COMPANY DRIVER" OR "DRIVER" MEANS AN INDI-
VIDUAL WHO:
  (A) RECEIVES CONNECTIONS TO POTENTIAL RIDERS AND RELATED SERVICES FROM
A TRANSPORTATION NETWORK COMPANY IN EXCHANGE FOR PAYMENT OF A FEE TO THE
TRANSPORTATION NETWORK COMPANY; AND
  (B)  USES A PERSONAL VEHICLE TO OFFER OR PROVIDE A PREARRANGED RIDE TO
RIDERS UPON CONNECTION THROUGH A DIGITAL NETWORK CONTROLLED BY A  TRANS-
PORTATION  NETWORK  COMPANY  IN  RETURN FOR COMPENSATION OR PAYMENT OF A
FEE.
  (5) "TRANSPORTATION NETWORK COMPANY RIDER" OR "RIDER" MEANS  AN  INDI-
VIDUAL  OR  PERSONS  WHO  USE A TRANSPORTATION NETWORK COMPANY'S DIGITAL
NETWORK TO CONNECT WITH A TRANSPORTATION  NETWORK  DRIVER  WHO  PROVIDES
PREARRANGED  RIDES TO THE RIDER IN THE DRIVER'S PERSONAL VEHICLE BETWEEN
POINTS CHOSEN BY THE RIDER.
  (6) "PREARRANGED RIDE" MEANS THE  PROVISION  OF  TRANSPORTATION  BY  A
DRIVER TO A RIDER, BEGINNING WHEN A DRIVER ACCEPTS A RIDE REQUESTED BY A
RIDER  THROUGH  A DIGITAL NETWORK CONTROLLED BY A TRANSPORTATION NETWORK
COMPANY, CONTINUING WHILE THE DRIVER TRANSPORTS A REQUESTING RIDER,  AND
ENDING WHEN THE LAST REQUESTING RIDER DEPARTS FROM THE PERSONAL VEHICLE.
A  PREARRANGED  RIDE  DOES  NOT  INCLUDE TRANSPORTATION PROVIDED USING A
TAXICAB, LIVERY, LIMOUSINE, OR OTHER FOR-HIRE VEHICLE.
  (7) "GROUP POLICY"  MEANS  AN  INSURANCE  POLICY  ISSUED  PURSUANT  TO
SECTION THREE THOUSAND FOUR HUNDRED FIFTY-FIVE OF THIS ARTICLE.
  (C)  A TRANSPORTATION NETWORK COMPANY DRIVER OR TRANSPORTATION NETWORK
COMPANY ON THE DRIVER'S BEHALF THROUGH A GROUP  POLICY,  SHALL  MAINTAIN
PRIMARY AUTOMOBILE INSURANCE THAT:
  (1)  RECOGNIZES  THAT  THE  DRIVER IS A TRANSPORTATION NETWORK COMPANY
DRIVER OR OTHERWISE USES A VEHICLE TO TRANSPORT PASSENGERS  FOR  COMPEN-
SATION AND COVERS THE DRIVER:
  (A) WHILE THE DRIVER IS LOGGED ON TO THE TRANSPORTATION NETWORK COMPA-
NY'S DIGITAL NETWORK; OR
  (B) WHILE THE DRIVER IS ENGAGED IN A PREARRANGED RIDE.
  (2)  THE FOLLOWING AUTOMOBILE INSURANCE REQUIREMENTS SHALL APPLY WHILE
A PARTICIPATING TRANSPORTATION NETWORK COMPANY DRIVER IS  LOGGED  ON  TO
THE TRANSPORTATION NETWORK COMPANY'S DIGITAL NETWORK AND IS AVAILABLE TO
RECEIVE  TRANSPORTATION  REQUESTS  BUT  IS  NOT ENGAGED IN A PREARRANGED
RIDE:
  (A) PRIMARY AUTOMOBILE LIABILITY INSURANCE IN THE AMOUNT OF  AT  LEAST
FIFTY  THOUSAND  DOLLARS  FOR  DEATH  AND  BODILY INJURY PER PERSON, ONE
HUNDRED THOUSAND DOLLARS FOR DEATH AND BODILY INJURY PER  INCIDENT,  AND
TWENTY-FIVE  THOUSAND DOLLARS FOR PROPERTY DAMAGE AND COVERAGE IN SATIS-
FACTION OF  THE  FINANCIAL  RESPONSIBILITY  REQUIREMENTS  SET  FORTH  IN
SECTION  THREE  THOUSAND FOUR HUNDRED TWENTY OF THIS ARTICLE AND ARTICLE
FIFTY-ONE OF THIS CHAPTER, AND REGULATIONS PROMULGATED THEREUNDER.
  (B) THE COVERAGE REQUIREMENTS OF THIS PARAGRAPH MAY  BE  SATISFIED  BY
ANY OF THE FOLLOWING:
  (I)  AUTOMOBILE  INSURANCE  MAINTAINED  BY  THE TRANSPORTATION NETWORK
COMPANY DRIVER; OR
  (II) AUTOMOBILE INSURANCE PROVIDED THROUGH A GROUP  POLICY  MAINTAINED
BY THE TRANSPORTATION NETWORK COMPANY; OR
  (III) ANY COMBINATION OF CLAUSE (I) OR (II) OF THIS SUBPARAGRAPH.
  (3)  THE FOLLOWING AUTOMOBILE INSURANCE REQUIREMENTS SHALL APPLY WHILE
A TRANSPORTATION NETWORK COMPANY DRIVER  IS  ENGAGED  IN  A  PREARRANGED
RIDE:

A. 6090--A                          3

  (A)  PRIMARY AUTOMOBILE LIABILITY INSURANCE THAT PROVIDES AT LEAST ONE
MILLION DOLLARS FOR DEATH, BODILY INJURY AND PROPERTY DAMAGE AND  COVER-
AGE  IN  SATISFACTION  OF  THE FINANCIAL RESPONSIBILITY REQUIREMENTS SET
FORTH IN SECTION THREE THOUSAND FOUR HUNDRED TWENTY OF THIS ARTICLE  AND
ARTICLE  FIFTY-ONE  OF  THIS CHAPTER, AND REGULATIONS PROMULGATED THERE-
UNDER.
  (B) THE COVERAGE REQUIREMENTS OF THIS PARAGRAPH MAY  BE  SATISFIED  BY
ANY OF THE FOLLOWING:
  (I)  AUTOMOBILE  INSURANCE  MAINTAINED  BY  THE TRANSPORTATION NETWORK
COMPANY DRIVER; OR
  (II) AUTOMOBILE INSURANCE PROVIDED THROUGH A GROUP  POLICY  MAINTAINED
BY THE TRANSPORTATION NETWORK COMPANY; OR
  (III) ANY COMBINATION OF CLAUSES (I) AND (II) OF THIS SUBPARAGRAPH.
  (4)  IF  INSURANCE MAINTAINED BY A DRIVER IN PARAGRAPH TWO OR THREE OF
THIS SUBSECTION HAS LAPSED OR DOES NOT PROVIDE  THE  REQUIRED  COVERAGE,
INSURANCE  MAINTAINED  BY A TRANSPORTATION NETWORK COMPANY SHALL PROVIDE
THE COVERAGE REQUIRED BY THIS SUBSECTION BEGINNING WITH THE FIRST DOLLAR
OF A CLAIM AND HAVE THE DUTY TO DEFEND SUCH CLAIM.
  (5) COVERAGE UNDER AN AUTOMOBILE INSURANCE POLICY  MAINTAINED  BY  THE
TRANSPORTATION  NETWORK  COMPANY  SHALL  NOT  BE DEPENDENT ON A PERSONAL
AUTOMOBILE INSURER FIRST DENYING A CLAIM NOR SHALL A PERSONAL AUTOMOBILE
INSURANCE POLICY BE REQUIRED TO FIRST DENY A CLAIM.
  (6) INSURANCE REQUIRED BY THIS SUBSECTION MAY BE PLACED WITH AN INSUR-
ER AUTHORIZED OR ELIGIBLE TO WRITE INSURANCE IN THIS STATE AND SHALL  BE
ELIGIBLE  FOR  PLACEMENT  BY  AN EXCESS LINE BROKER LICENSED PURSUANT TO
ARTICLE TWENTY-ONE OF THIS CHAPTER.
  (7) INSURANCE SATISFYING THE REQUIREMENTS OF THIS SUBSECTION SHALL  BE
DEEMED TO SATISFY THE FINANCIAL RESPONSIBILITY REQUIREMENTS SET FORTH IN
SUBDIVISION  FOUR  OF  SECTION  THREE  HUNDRED ELEVEN OF THE VEHICLE AND
TRAFFIC LAW, SECTION THREE THOUSAND FOUR HUNDRED TWENTY OF THIS ARTICLE,
AND ARTICLE FIFTY-ONE OF THIS CHAPTER, AND REGULATIONS PROMULGATED THER-
EUNDER, AND SUCH OTHER REQUIREMENTS THAT MAY APPLY FOR THE  PURPOSES  OF
SATISFYING THE FINANCIAL RESPONSIBILITY REQUIREMENTS WITH RESPECT TO THE
USE OR OPERATION OF A MOTOR VEHICLE.
  (8)  A  TRANSPORTATION  NETWORK  COMPANY  DRIVER  SHALL CARRY PROOF OF
COVERAGE SATISFYING PARAGRAPHS TWO AND THREE OF THIS SUBSECTION WITH HIM
OR HER AT ALL TIMES DURING HIS OR HER USE OF  A  VEHICLE  IN  CONNECTION
WITH A TRANSPORTATION NETWORK COMPANY'S DIGITAL NETWORK. IN THE EVENT OF
AN  ACCIDENT, A TRANSPORTATION NETWORK COMPANY DRIVER SHALL PROVIDE THIS
INSURANCE COVERAGE INFORMATION TO THE DIRECTLY INTERESTED PARTIES, AUTO-
MOBILE INSURERS AND INVESTIGATING POLICE OFFICERS,  UPON  REQUEST.  UPON
SUCH  REQUEST,  A  TRANSPORTATION  NETWORK  COMPANY  DRIVER  SHALL  ALSO
DISCLOSE TO DIRECTLY INTERESTED PARTIES, AUTOMOBILE INSURERS, AND INVES-
TIGATING POLICE OFFICERS, WHETHER HE OR SHE WAS LOGGED ON TO THE  TRANS-
PORTATION  NETWORK COMPANY'S DIGITAL NETWORK OR ON A PREARRANGED RIDE AT
THE TIME OF AN ACCIDENT.
  (D) THE TRANSPORTATION NETWORK COMPANY SHALL DISCLOSE  IN  WRITING  TO
TRANSPORTATION  NETWORK  COMPANY  DRIVERS  THE FOLLOWING BEFORE THEY ARE
ALLOWED TO ACCEPT A REQUEST FOR A PREARRANGED RIDE ON THE TRANSPORTATION
NETWORK COMPANY'S DIGITAL NETWORK:
  (1) THE INSURANCE COVERAGE, INCLUDING THE TYPES OF  COVERAGE  AND  THE
LIMITS  FOR  EACH  COVERAGE,  THAT  THE  TRANSPORTATION  NETWORK COMPANY
PROVIDES WHILE THE TRANSPORTATION NETWORK COMPANY DRIVER USES A PERSONAL
VEHICLE IN CONNECTION WITH A TRANSPORTATION  NETWORK  COMPANY'S  DIGITAL
NETWORK; AND

A. 6090--A                          4

  (2)  THAT  THE  TRANSPORTATION NETWORK COMPANY DRIVER'S OWN AUTOMOBILE
INSURANCE POLICY MIGHT NOT PROVIDE ANY  COVERAGE  WHILE  THE  DRIVER  IS
LOGGED ON TO THE TRANSPORTATION NETWORK COMPANY'S DIGITAL NETWORK AND IS
AVAILABLE  TO  RECEIVE TRANSPORTATION REQUESTS OR IS ENGAGED IN A PREAR-
RANGED RIDE, DEPENDING ON ITS TERMS.
  (E)  (1)  INSURERS  THAT  WRITE AUTOMOBILE INSURANCE IN THIS STATE MAY
EXCLUDE ANY AND ALL COVERAGE AFFORDED UNDER  THE  POLICY  ISSUED  TO  AN
OWNER  OR  OPERATOR  OF  A  PERSONAL VEHICLE FOR ANY LOSS OR INJURY THAT
OCCURS WHILE A DRIVER IS LOGGED ON TO A TRANSPORTATION NETWORK COMPANY'S
DIGITAL NETWORK OR WHILE A DRIVER  PROVIDES  A  PREARRANGED  RIDE.  THIS
RIGHT  TO  EXCLUDE ALL COVERAGE MAY APPLY TO ANY COVERAGE INCLUDED IN AN
AUTOMOBILE INSURANCE POLICY INCLUDING, BUT NOT LIMITED TO:
  (A) LIABILITY COVERAGE FOR BODILY INJURY AND PROPERTY DAMAGE;
  (B) COVERAGE PROVIDED PURSUANT TO ARTICLE FIFTY-ONE OF THIS CHAPTER;
  (C) UNINSURED AND UNDERINSURED MOTORIST COVERAGE; AND
  (D) MOTOR VEHICLE PHYSICAL DAMAGE COVERAGE AS DESCRIBED  IN  PARAGRAPH
NINETEEN  OF SUBSECTION (A) OF SECTION ONE THOUSAND ONE HUNDRED THIRTEEN
OF THIS CHAPTER.
  (2) SUCH EXCLUSIONS SHALL APPLY NOTWITHSTANDING ANY REQUIREMENT  UNDER
THE  LAW  TO  THE  CONTRARY. NOTHING IN THIS SECTION IMPLIES OR REQUIRES
THAT A PERSONAL AUTOMOBILE INSURANCE POLICY PROVIDE COVERAGE  WHILE  THE
DRIVER  IS  LOGGED  ON  TO  THE TRANSPORTATION NETWORK COMPANY'S DIGITAL
NETWORK, WHILE THE DRIVER IS ENGAGED IN A PREARRANGED RIDE OR WHILE  THE
DRIVER  OTHERWISE  USES  A  VEHICLE  TO TRANSPORT PASSENGERS FOR COMPEN-
SATION.
  (3) NOTHING SHALL BE DEEMED TO  PRECLUDE  AN  INSURER  FROM  PROVIDING
COVERAGE  FOR THE TRANSPORTATION NETWORK COMPANY DRIVER'S VEHICLE, IF IT
SO CHOSE TO DO SO BY CONTRACT OR ENDORSEMENT.
  (4)  AUTOMOBILE  INSURERS  THAT  EXCLUDE  THE  COVERAGE  DESCRIBED  IN
SUBSECTION (C) OF THIS SECTION SHALL HAVE NO DUTY TO DEFEND OR INDEMNIFY
ANY  CLAIM  EXPRESSLY EXCLUDED THEREUNDER. NOTHING IN THIS ARTICLE SHALL
BE DEEMED TO INVALIDATE OR LIMIT AN  EXCLUSION  CONTAINED  IN  A  POLICY
INCLUDING  ANY  POLICY IN USE OR APPROVED FOR USE IN THIS STATE PRIOR TO
THE ENACTMENT OF THIS SECTION THAT EXCLUDES COVERAGE FOR  VEHICLES  USED
TO  CARRY  PERSONS OR PROPERTY FOR A CHARGE OR AVAILABLE FOR HIRE BY THE
PUBLIC.
  (5) AN AUTOMOBILE INSURER THAT DEFENDS OR INDEMNIFIES A CLAIM  AGAINST
A  DRIVER  THAT  IS EXCLUDED UNDER THE TERMS OF ITS POLICY, SHALL HAVE A
RIGHT OF CONTRIBUTION AGAINST OTHER  INSURERS  THAT  PROVIDE  AUTOMOBILE
INSURANCE  TO  THE  SAME DRIVER IN SATISFACTION OF THE COVERAGE REQUIRE-
MENTS OF SUBSECTION (C) OF THIS SECTION AT THE TIME OF LOSS.
  (6) IN A CLAIMS COVERAGE INVESTIGATION, TRANSPORTATION NETWORK  COMPA-
NIES AND ANY INSURER POTENTIALLY PROVIDING COVERAGE UNDER SUBSECTION (C)
OF THIS SECTION SHALL, WITHIN FIFTEEN DAYS AFTER A CLAIM HAS BEEN FILED,
FACILITATE  THE  EXCHANGE OF RELEVANT INFORMATION WITH DIRECTLY INVOLVED
PARTIES AND ANY INSURER OF THE TRANSPORTATION NETWORK COMPANY DRIVER  IF
APPLICABLE,  INCLUDING  THE  PRECISE TIMES THAT A TRANSPORTATION NETWORK
COMPANY DRIVER LOGGED ON AND OFF OF THE TRANSPORTATION NETWORK COMPANY'S
DIGITAL NETWORK IN THE TWELVE HOUR PERIOD IMMEDIATELY PRECEDING  AND  IN
THE  TWELVE  HOUR PERIOD IMMEDIATELY FOLLOWING THE ACCIDENT AND DISCLOSE
TO ONE ANOTHER A CLEAR  DESCRIPTION  OF  THE  COVERAGE,  EXCLUSIONS  AND
LIMITS   PROVIDED   UNDER  ANY  AUTOMOBILE  INSURANCE  MAINTAINED  UNDER
SUBSECTION (C) OF THIS SECTION.
  S 2. The insurance law is amended by adding a new section 3455 to read
as follows:

A. 6090--A                          5

  S 3455. TRANSPORTATION NETWORK COMPANY GROUP INSURANCE POLICIES.   (A)
FOR PURPOSES OF THIS SECTION, THE FOLLOWING DEFINITIONS SHALL APPLY:
  (1)  "TRANSPORTATION NETWORK COMPANY" SHALL HAVE THE MEANING SET FORTH
IN SUBSECTION (B) OF SECTION THREE THOUSAND FOUR  HUNDRED  FORTY-ONE  OF
THIS ARTICLE.
  (2)  "CERTIFICATE"  OR  "CERTIFICATE  OF  INSURANCE" MEANS ANY POLICY,
CONTRACT OR OTHER EVIDENCE OF INSURANCE, OR RIDER OR ENDORSEMENT  THERE-
TO,  ISSUED  TO  A  GROUP  MEMBER UNDER A TRANSPORTATION NETWORK COMPANY
GROUP POLICY.
  (3) "TRANSPORTATION NETWORK COMPANY GROUP POLICY"  OR  "GROUP  POLICY"
MEANS  GROUP  POLICY, INCLUDING CERTIFICATE ISSUED TO THE GROUP MEMBERS,
WHERE THE GROUP POLICYHOLDER IS A TRANSPORTATION NETWORK COMPANY AND THE
POLICY PROVIDES INSURANCE TO THE TRANSPORTATION NETWORK COMPANY  AND  TO
GROUP MEMBERS:
  (A)  IN  ACCORDANCE WITH THE REQUIREMENTS OF SUBSECTION (C) OF SECTION
THREE THOUSAND FOUR HUNDRED FORTY-ONE OF THIS ARTICLE;
  (B) OF THE TYPE DESCRIBED  IN  PARAGRAPHS  THIRTEEN,  FOURTEEN  AND/OR
NINETEEN  OF SUBSECTION (A) OF SECTION ONE THOUSAND ONE HUNDRED THIRTEEN
OF THIS CHAPTER; AND
  (C) IN SATISFACTION OF THE FINANCIAL RESPONSIBILITY  REQUIREMENTS  SET
FORTH  IN  SECTION  THREE  THOUSAND FOUR HUNDRED TWENTY OF THIS ARTICLE,
SUBDIVISION FOUR OF SECTION THREE HUNDRED  ELEVEN  OF  THE  VEHICLE  AND
TRAFFIC  LAW,  AND  ARTICLE  FIFTY-ONE  OF THIS CHAPTER, AND REGULATIONS
PROMULGATED THEREUNDER.
  (4) "GROUP MEMBER" MEANS A "TRANSPORTATION NETWORK COMPANY DRIVER"  AS
DEFINED  IN SUBSECTION (B) OF SECTION THREE THOUSAND FOUR HUNDRED FORTY-
ONE OF THIS ARTICLE.
  (5) "GROUP POLICYHOLDER" MEANS A TRANSPORTATION NETWORK COMPANY.
  (6) "PERSONAL VEHICLE" SHALL HAVE THE MEANING SET FORTH IN  SUBSECTION
(B) OF SECTION THREE THOUSAND FOUR HUNDRED FORTY-ONE OF THIS ARTICLE.
  (B)  AN INSURER MAY ISSUE OR ISSUE FOR DELIVERY IN THIS STATE A TRANS-
PORTATION NETWORK COMPANY  GROUP  POLICY  TO  A  TRANSPORTATION  NETWORK
COMPANY  AS  A GROUP POLICYHOLDER ONLY IN ACCORDANCE WITH THE PROVISIONS
OF THIS SECTION.
  (C)(1) A TRANSPORTATION NETWORK COMPANY  GROUP  POLICY  SHALL  PROVIDE
COVERAGE  FOR  A PERSONAL VEHICLE IN ACCORDANCE WITH THE REQUIREMENTS OF
SUBSECTION (C) OF SECTION THREE THOUSAND FOUR HUNDRED FORTY-ONE OF  THIS
ARTICLE.
  (2) A TRANSPORTATION NETWORK COMPANY GROUP POLICY MAY PROVIDE:
  (A) COVERAGE FOR LIMITS HIGHER THAN THE MINIMUM LIMITS REQUIRED PURSU-
ANT  TO  SUBSECTION (C) OF SECTION THREE THOUSAND FOUR HUNDRED FORTY-ONE
OF THIS ARTICLE;
  (B) SUPPLEMENTARY UNINSURED/UNDERINSURED MOTORISTS INSURANCE FOR BODI-
LY INJURY PURSUANT TO PARAGRAPH TWO OF SUBSECTION (F) OF  SECTION  THREE
THOUSAND FOUR HUNDRED TWENTY OF THIS ARTICLE;
  (C)  SUPPLEMENTAL  SPOUSAL  LIABILITY INSURANCE PURSUANT TO SUBSECTION
(G) OF SECTION THREE THOUSAND FOUR HUNDRED TWENTY OF THIS CHAPTER; AND
  (D) MOTOR VEHICLE PHYSICAL DAMAGE COVERAGE AS DESCRIBED  IN  PARAGRAPH
NINETEEN  OF SUBSECTION (A) OF SECTION ONE THOUSAND ONE HUNDRED THIRTEEN
OF THIS CHAPTER.
  (3)  THE  COVERAGE  DESCRIBED  IN  PARAGRAPHS  ONE  AND  TWO  OF  THIS
SUBSECTION  MAY  BE  PROVIDED  IN  ONE GROUP POLICY OR IN SEPARATE GROUP
POLICIES.
  (4) A TRANSPORTATION NETWORK COMPANY GROUP POLICY,  INCLUDING  CERTIF-
ICATES,  SHALL  BE  ISSUED BY AN INSURER AUTHORIZED OR ELIGIBLE TO WRITE

A. 6090--A                          6

INSURANCE IN THIS STATE AND SHALL BE ELIGIBLE FOR PLACEMENT BY AN EXCESS
LINE BROKER LICENSED PURSUANT TO ARTICLE TWENTY-ONE OF THIS CHAPTER.
  (5) A POLICYHOLDER ALSO MAY BE AN INSURED UNDER A GROUP POLICY.
  (D)  THE  PREMIUM FOR THE TRANSPORTATION NETWORK COMPANY GROUP POLICY,
INCLUDING CERTIFICATES MAY BE PAID BY THE GROUP  POLICYHOLDER  FROM  THE
FUNDS CONTRIBUTED:
  (1) WHOLLY BY THE GROUP POLICYHOLDER;
  (2) WHOLLY BY THE GROUP MEMBERS; OR
  (3) JOINTLY BY THE GROUP POLICYHOLDER AND THE GROUP MEMBERS.
  (E)  (1)  ANY POLICY DIVIDEND, RETROSPECTIVE PREMIUM CREDIT, OR RETRO-
SPECTIVE PREMIUM REFUND IN RESPECT OF PREMIUMS PAID BY THE GROUP POLICY-
HOLDER MAY:
  (A) BE APPLIED TO REDUCE THE PREMIUM CONTRIBUTION OF THE GROUP POLICY-
HOLDER, BUT NOT IN EXCESS OF THE PROPORTION TO ITS CONTRIBUTION; OR
  (B) BE RETAINED BY THE GROUP POLICYHOLDER.
  (2) ANY POLICY DIVIDEND, RETROSPECTIVE PREMIUM CREDIT,  OR  RETROSPEC-
TIVE  PREMIUM  REFUND  NOT  DISTRIBUTED  UNDER  PARAGRAPH  ONE  OF  THIS
SUBSECTION SHALL BE:
  (A)  APPLIED  TO  REDUCE  FUTURE  PREMIUMS  AND,  ACCORDINGLY,  FUTURE
CONTRIBUTIONS, OF EXISTING OR FUTURE GROUP MEMBERS, OR BOTH; OR
  (B)  PAID  OR  REFUNDED TO THOSE GROUP MEMBERS INSURED ON THE DATE THE
PAYMENT OR REFUND IS MADE TO THE GROUP POLICYHOLDER, IF  DISTRIBUTED  BY
THE  GROUP  POLICYHOLDER,  OR  ON  THE  DATE  OF MAILING, IF DISTRIBUTED
DIRECTLY BY THE INSURER, SUBJECT TO THE FOLLOWING REQUIREMENTS:
  (I) THE INSURER SHALL BE RESPONSIBLE FOR DETERMINING THE ALLOCATION OF
THE PAYMENT OF REFUND TO THE GROUP MEMBERS;
  (II) IF THE GROUP POLICYHOLDER DISTRIBUTES THE PAYMENT OR REFUND,  THE
INSURER  SHALL BE RESPONSIBLE FOR AUDIT TO ASCERTAIN THAT THE PAYMENT OR
REFUND IS ACTUALLY MADE IN ACCORDANCE WITH THE ALLOCATION PROCEDURE; AND
  (III) IF THE GROUP POLICYHOLDER FAILS TO MAKE THE PAYMENT  OR  REFUND,
THE  INSURER SHALL MAKE THE PAYMENT OR REFUND DIRECTLY OR USE THE METHOD
PROVIDED IN SUBPARAGRAPH (A) OF THIS PARAGRAPH.
  (3) NOTWITHSTANDING PARAGRAPHS ONE AND TWO OF THIS  SUBSECTION,  IF  A
DIVIDEND  ACCRUES  UPON  TERMINATION  OF COVERAGE UNDER A TRANSPORTATION
NETWORK COMPANY GROUP POLICY, THE PREMIUM FOR  WHICH  WAS  PAID  OUT  OF
FUNDS  CONTRIBUTED  BY  GROUP MEMBERS SPECIFICALLY FOR THE COVERAGE, THE
DIVIDEND SHALL BE PAID OR REFUNDED BY  THE  GROUP  POLICYHOLDER  TO  THE
GROUP  MEMBERS  INSURED ON THE DATE THE PAYMENT OR REFUND IS MADE TO THE
GROUP POLICYHOLDER, NET OF REASONABLE EXPENSES  INCURRED  BY  THE  GROUP
POLICYHOLDER IN PAYING OR REFUNDING THE DIVIDEND TO SUCH GROUP MEMBERS.
  (4)  FOR THE PURPOSES OF THIS SUBSECTION, "DIVIDEND" MEANS A RETURN BY
THE INSURER OF A TRANSPORTATION NETWORK COMPANY GROUP POLICY  OF  EXCESS
PREMIUMS  TO  THE  GROUP POLICYHOLDER IN LIGHT OF FAVORABLE LOSS EXPERI-
ENCE, INCLUDING RETROSPECTIVE PREMIUM CREDITS OR  RETROSPECTIVE  PREMIUM
REFUNDS.  THE  TERM  "DIVIDEND"  DOES NOT INCLUDE REIMBURSEMENTS OR FEES
RECEIVED BY A GROUP POLICYHOLDER IN CONNECTION  WITH  THE  OPERATION  OR
ADMINISTRATION OF A TRANSPORTATION NETWORK COMPANY GROUP POLICY, INCLUD-
ING  ADMINISTRATIVE  REIMBURSEMENTS,  FEES  FOR SERVICES PROVIDED BY THE
GROUP POLICYHOLDER, OR TRANSACTIONAL SERVICE FEES.
  (F) THE INSURER MUST TREAT IN LIKE MANNER ALL ELIGIBLE  GROUP  MEMBERS
OF THE SAME CLASS AND STATUS.
  (G)  EACH  POLICY  WRITTEN  PURSUANT TO THIS SECTION SHALL PROVIDE PER
OCCURRENCE LIMITS OF COVERAGE FOR EACH GROUP MEMBER  IN  AN  AMOUNT  NOT
LESS  THAN  THAT  REQUIRED BY OF SUBDIVISION TWO OF SECTION TWO THOUSAND
TWO HUNDRED THREE OF THE VEHICLE AND TRAFFIC LAW, AND MAY PROVIDE COVER-
AGE FOR LIMITS HIGHER THAN THE MINIMUM LIMITS REQUIRED UNDER THE LAW.

A. 6090--A                          7

  (H) (1) THE INSURER OR THE GROUP POLICYHOLDER SHALL BE RESPONSIBLE FOR
MAILING OR DELIVERY OF A CERTIFICATE OF INSURANCE TO EACH  GROUP  MEMBER
INSURED  UNDER  THE  TRANSPORTATION  NETWORK  COMPANY  GROUP POLICY. THE
INSURER OR THE GROUP POLICYHOLDER SHALL  ALSO  BE  RESPONSIBLE  FOR  THE
MAILING  OR  DELIVERY  TO EACH GROUP MEMBER OF AN AMENDED CERTIFICATE OF
INSURANCE OR ENDORSEMENT TO THE CERTIFICATE, WHENEVER THERE IS A  CHANGE
IN  LIMITS;  CHANGE  IN TYPE OF COVERAGE; ADDITION, REDUCTION, OR ELIMI-
NATION OF COVERAGE; OR ADDITION OF EXCLUSION, UNDER  THE  TRANSPORTATION
NETWORK COMPANY GROUP POLICY OR CERTIFICATE.
  (2)  THE CERTIFICATE SHALL CONTAIN IN SUBSTANCE ALL MATERIAL TERMS AND
CONDITIONS OF COVERAGE AFFORDED TO GROUP MEMBERS, UNLESS THE TRANSPORTA-
TION NETWORK COMPANY GROUP POLICY IS INCORPORATED  BY  REFERENCE  AND  A
COPY OF THE GROUP POLICY ACCOMPANIES THE CERTIFICATE.
  (3) IF ANY COVERAGE AFFORDED TO THE GROUP MEMBER IS EXCESS OF APPLICA-
BLE  INSURANCE COVERAGE, THE CERTIFICATE SHALL CONTAIN A NOTICE ADVISING
THE GROUP MEMBERS THAT, IF THE  MEMBER  HAS  OTHER  INSURANCE  COVERAGE,
SPECIFIED COVERAGES UNDER THE TRANSPORTATION NETWORK COMPANY GROUP POLI-
CY WILL BE EXCESS OVER THE OTHER INSURANCE.
  (I)  A  GROUP POLICYHOLDER SHALL COMPLY WITH THE PROVISIONS OF SECTION
TWO THOUSAND ONE HUNDRED TWENTY-TWO OF THIS CHAPTER, IN THE SAME  MANNER
AS  AN  AGENT OR BROKER, IN ANY ADVERTISEMENT, SIGN, PAMPHLET, CIRCULAR,
CARD, OR OTHER PUBLIC ANNOUNCEMENT REFERRING TO COVERAGE UNDER A  TRANS-
PORTATION NETWORK COMPANY GROUP POLICY OR CERTIFICATE.
  (J) A TRANSPORTATION NETWORK COMPANY GROUP POLICY SHALL NOT BE SUBJECT
TO  SECTION  THREE  THOUSAND  FOUR  HUNDRED TWENTY-FIVE OR SECTION THREE
THOUSAND FOUR HUNDRED TWENTY-SIX OF  THIS  ARTICLE;  PROVIDED  THAT  THE
FOLLOWING  REQUIREMENTS SHALL APPLY WITH REGARD TO TERMINATION OF COVER-
AGE:
  (1)(A) AN INSURER MAY TERMINATE A GROUP POLICY OR CERTIFICATE ONLY  IF
CANCELLATION IS BASED ON ONE OR MORE OF THE REASONS SET FORTH IN SUBPAR-
AGRAPH (A) THROUGH (D) OR (F) THROUGH (H) OF PARAGRAPH ONE OF SUBSECTION
(C)  OF  SECTION THREE THOUSAND FOUR HUNDRED TWENTY-SIX OF THIS ARTICLE;
PROVIDED, HOWEVER, THAT AN ACT OR OMISSION BY A GROUP MEMBER THAT  WOULD
CONSTITUTE THE BASIS FOR CANCELLATION OF AN INDIVIDUAL CERTIFICATE SHALL
NOT CONSTITUTE THE BASIS FOR CANCELLATION OF THE GROUP POLICY.
  (B)  WHERE THE PREMIUM IS DERIVED WHOLLY FROM FUNDS CONTRIBUTED BY THE
GROUP POLICYHOLDER, AN INSURER MAY CANCEL AN INDIVIDUAL CERTIFICATE ONLY
IF CANCELLATION IS BASED ON ONE OR MORE OF  THE  REASONS  SET  FORTH  IN
SUBPARAGRAPH  (B),  (C)  OR  (H)  OF  PARAGRAPH ONE OF SUBSECTION (C) OF
SECTION THREE THOUSAND FOUR HUNDRED TWENTY-SIX OF THIS ARTICLE.
  (2) (A) AN INSURER'S CANCELLATION OF A  GROUP  POLICY,  INCLUDING  ALL
CERTIFICATES,  SHALL  NOT  BECOME  AFFECTIVE UNTIL THIRTY DAYS AFTER THE
INSURER MAILS OR DELIVERS WRITTEN NOTICE OF CANCELLATION  TO  THE  GROUP
POLICYHOLDER AT THE MAILING ADDRESS SHOWN IN THE POLICY.
  (I) WHERE ALL OR PART OF THE PREMIUM IS DERIVED FROM FUNDS CONTRIBUTED
BY  THE  GROUP  MEMBER  SPECIFICALLY FOR THE COVERAGE, THE INSURER SHALL
ALSO MAIL OR DELIVER WRITTEN NOTICE OF CANCELLATION OF THE GROUP  POLICY
TO THE GROUP MEMBER AT THE GROUP MEMBER'S MAILING ADDRESS.
  (II)  WHERE NONE OF THE PREMIUM IS DERIVED FROM FUNDS CONTRIBUTED BY A
GROUP MEMBER SPECIFICALLY FOR THE  COVERAGE,  THE  GROUP  POLICY  HOLDER
SHALL  MAIL  OR  DELIVER WRITTEN NOTICE TO THE GROUP MEMBER ADVISING THE
GROUP MEMBER OF THE CANCELLATION OF THE GROUP POLICY AND  THE  EFFECTIVE
DATE  OF CANCELLATION. THE GROUP POLICY HOLDER SHALL MAIL OR DELIVER THE
WRITTEN NOTICE WITHIN NINETY DAYS AFTER RECEIVING NOTICE OF CANCELLATION
FROM THE INSURER.

A. 6090--A                          8

  (B) AN INSURER'S CANCELLATION OF AN INDIVIDUAL CERTIFICATE  SHALL  NOT
BECOME  EFFECTIVE  UNTIL THIRTY DAYS AFTER THE INSURER MAILS OR DELIVERS
WRITTEN NOTICE OF CANCELLATION TO THE GROUP MEMBER AT THE GROUP MEMBER'S
MAILING ADDRESS AND TO THE GROUP POLICYHOLDER  AT  THE  MAILING  ADDRESS
SHOWN IN THE GROUP POLICY.
  (3)  (A) A GROUP POLICYHOLDER MAY CANCEL A GROUP POLICY, INCLUDING ALL
CERTIFICATES, OR ANY INDIVIDUAL CERTIFICATE, FOR A  REASON  UPON  THIRTY
DAYS WRITTEN NOTICE TO THE INSURER AND EACH GROUP MEMBER; AND
  (B)  THE  GROUP  POLICYHOLDER  SHALL MAIL OR DELIVER WRITTEN NOTICE TO
EACH AFFECTED GROUP MEMBER OF THE GROUP POLICYHOLDER'S  CANCELLATION  OF
THE  GROUP POLICY OR CERTIFICATE AND THE EFFECTIVE DATE OF CANCELLATION.
THE GROUP POLICYHOLDER SHALL MAIL OR DELIVER THE WRITTEN NOTICE  TO  THE
GROUP  MEMBER'S MAILING ADDRESS AT LEAST THIRTY DAYS PRIOR TO THE EFFEC-
TIVE DATE OF CANCELLATION.
  (4) A GROUP MEMBER MAY CANCEL OPTIONAL COVERAGE UPON PROVIDING  NOTICE
TO  THE  INSURER  AND  THE  GROUP POLICYHOLDER. FOR THE PURPOSES OF THIS
PARAGRAPH, "OPTIONAL  COVERAGE"  MEANS  COVERAGE  OTHER  THAN  FINANCIAL
RESPONSIBILITY  REQUIREMENTS  DESCRIBED IN SUBPARAGRAPH (C) OF PARAGRAPH
THREE OF SUBSECTION (A) OF THIS SECTION THAT AN INDIVIDUAL GROUP  MEMBER
PURCHASES ON AN OPTIONAL BASIS.
  (5) (A) UNLESS A GROUP POLICY PROVIDES FOR A LONGER POLICY PERIOD, THE
POLICY  AND  ALL  CERTIFICATES SHALL BE ISSUED OR RENEWED FOR A ONE-YEAR
POLICY PERIOD.
  (B) THE GROUP POLICYHOLDER SHALL BE ENTITLED TO RENEW THE GROUP POLICY
AND ALL CERTIFICATES UPON TIMELY PAYMENT OF THE PREMIUM  BILLED  TO  THE
GROUP POLICYHOLDER FOR THE RENEWAL, UNLESS:
  (I)  THE  INSURER  MAILS OR DELIVERS TO THE GROUP POLICYHOLDER AND ALL
GROUP MEMBERS WRITTEN NOTICE OF NONRENEWAL, OR CONDITIONAL RENEWAL; AND
  (II) THE INSURER MAILS OR DELIVERS THE WRITTEN NOTICE AT LEAST THIRTY,
BUT NOT MORE THAN ONE HUNDRED TWENTY DAYS PRIOR TO THE  EXPIRATION  DATE
SPECIFIED  IN  THE POLICY OR, IF NO DATE IS SPECIFIED, THE NEXT ANNIVER-
SARY DATE OF THE POLICY.
  (6) WHERE THE GROUP POLICYHOLDER NONRENEWS THE GROUP POLICY, THE GROUP
POLICYHOLDER SHALL MAIL OR DELIVER WRITTEN NOTICE TO EACH  GROUP  MEMBER
ADVISING  THE  GROUP  MEMBER  OF  NONRENEWAL OF THE GROUP POLICY AND THE
EFFECTIVE DATE OF NONRENEWAL.  THE  GROUP  POLICYHOLDER  SHALL  MAIL  OR
DELIVER WRITTEN NOTICE AT LEAST THIRTY DAYS PRIOR TO THE NONRENEWAL.
  (7)  EVERY  NOTICE OF CANCELLATION, NONRENEWAL, OR CONDITIONAL RENEWAL
SHALL SET FORTH THE SPECIFIC REASON OR REASONS FOR CANCELLATION,  NONRE-
NEWAL, OR CONDITIONAL RENEWAL.
  (8) (A) AN INSURER SHALL NOT BE REQUIRED UNDER THIS SUBSECTION TO GIVE
NOTICE  TO  A GROUP MEMBER IF THE INSURER HAS BEEN ADVISED BY EITHER THE
GROUP POLICYHOLDER OR ANOTHER INSURER THAT SUBSTANTIALLY SIMILAR  COVER-
AGE HAS BEEN OBTAINED FROM THE OTHER INSURER WITHOUT LAPSE OF COVERAGE.
  (B)  A  GROUP POLICYHOLDER SHALL NOT BE REQUIRED UNDER THIS SUBSECTION
TO GIVE NOTICE TO A GROUP MEMBER IF SUBSTANTIALLY SIMILAR  COVERAGE  HAS
BEEN OBTAINED FROM ANOTHER INSURER WITHOUT LAPSE OF COVERAGE.
  (9)  (A)  IF, PRIOR TO THE EFFECTIVE DATE OF CANCELLATION, NONRENEWAL,
OR CONDITIONAL RENEWAL OF THE GROUP POLICY, OR  A  CERTIFICATE,  WHETHER
INITIATED  BY  THE INSURER, GROUP POLICYHOLDER OR BY THE GROUP MEMBER IN
REGARD TO THE GROUP MEMBER'S CERTIFICATE, COVERAGE ATTACHES PURSUANT  TO
THE  TERMS OF A GROUP POLICY, THEN THE COVERAGE SHALL BE EFFECTIVE UNTIL
EXPIRATION OF THE APPLICABLE PERIOD OF COVERAGE PROVIDED  IN  THE  GROUP
POLICY  NOTWITHSTANDING  THE  CANCELLATION,  NONRENEWAL  OR  CONDITIONAL
NONRENEWAL OF THE GROUP POLICY.

A. 6090--A                          9

  (B) NOTWITHSTANDING SUBPARAGRAPH (A) OF THIS PARAGRAPH, AN INSURER MAY
TERMINATE COVERAGE UNDER AN INDIVIDUAL CERTIFICATE ON THE EFFECTIVE DATE
OF CANCELLATION, IF THE CERTIFICATE IS CANCELLED IN ACCORDANCE WITH  THE
PROVISIONS OF SUBPARAGRAPH (B) OF PARAGRAPH ONE OF THIS SUBSECTION.
  (K)  ANY  MAILING  OR DELIVERY TO A GROUP MEMBER REQUIRED OR PERMITTED
UNDER THIS SECTION MAY BE MADE BY ELECTRONIC MAIL  IF  CONSENT  TO  SUCH
METHOD OF DELIVERY HAS BEEN PREVIOUSLY RECEIVED FROM SUCH GROUP MEMBER.
  (L) FORMS AND RATES FOR ANY GROUP POLICY ISSUED OR ISSUED FOR DELIVERY
IN  THIS  STATE  PURSUANT TO THIS SECTION SHALL BE FILED WITH THE SUPER-
INTENDENT IN ACCORDANCE WITH ARTICLE TWENTY-THREE OF THIS CHAPTER.
  S 3. Section 121-e of the vehicle and traffic law, as added by chapter
15 of the laws of 1983, is amended to read as follows:
  S 121-e. Livery. Every motor vehicle, other than a taxicab or  a  bus,
used in the business of transporting passengers for compensation. Howev-
er,  it  shall not include vehicles which are rented or leased without a
driver AND IT SHALL  NOT  INCLUDE  TRANSPORTATION  NETWORK  VEHICLES  AS
DEFINED  IN SUBDIVISION EIGHT OF SECTION TWO THOUSAND TWO HUNDRED ONE OF
THIS CHAPTER.
  S 4. Section 148-a of the vehicle and traffic law, as amended by chap-
ter 15 of the laws of 1983, is amended to read as follows:
  S 148-a. Taxicab. Every motor vehicle, other than a bus, used  in  the
business  of  transporting  passengers for compensation, and operated in
such business under a license or permit issued  by  a  local  authority.
However,  it shall not include vehicles which are rented or leased with-
out a driver AND IT SHALL NOT INCLUDE TRANSPORTATION NETWORK VEHICLES AS
DEFINED IN SUBDIVISION EIGHT OF SECTION TWO THOUSAND TWO HUNDRED ONE  OF
THIS CHAPTER.
  S  5.  The  opening  paragraph  of subdivision 7 of section 401 of the
vehicle and traffic law, as amended by chapter 55 of the laws  of  1992,
is amended to read as follows:
  FOR  PURPOSES OF THIS SUBDIVISION A MOTOR VEHICLE THAT MEETS THE DEFI-
NITION OF A TRANSPORTATION NETWORK VEHICLE  AS  DEFINED  IN  SUBDIVISION
EIGHT  OF SECTION TWO THOUSAND TWO HUNDRED ONE OF THIS CHAPTER SHALL NOT
BE REQUIRED TO OBTAIN A FOR HIRE OR COMMERCIAL VEHICLE REGISTRATION. The
registration fees to be paid upon the registration or reregistration, in
accordance with the provisions of this article, of buses, of motor vehi-
cles constructed or specially equipped for the transportation of  goods,
wares  and  merchandise, commonly known as auto trucks or light delivery
cars, of taxicabs, livery and of certain other motor vehicles  specified
herein are hereby established as follows:
  S  6.  Paragraph  c of subdivision 1 of section 498 of the vehicle and
traffic law, as added by chapter 549 of the laws of 2006, is amended  to
read as follows:
  c.  "Pre-arranged  for-hire vehicle" shall mean a motor vehicle, other
than a bus, that is used in the business of transporting passengers  for
compensation  on  a  pre-arranged  basis,  and operated in such business
under a license or permit issued by  a  licensing  jurisdiction,  EXCEPT
THAT  IT  SHALL  NOT MEAN A MOTOR VEHICLE THAT MEETS THE DEFINITION OF A
TRANSPORTATION NETWORK  VEHICLE  AS  DEFINED  IN  SUBDIVISION  EIGHT  OF
SECTION  TWO THOUSAND TWO HUNDRED ONE OF THIS CHAPTER. The term "pre-ar-
ranged for-hire vehicle" shall  apply  to  vehicles  as  defined  herein
regardless  of  any  other  provision  of  local law or rule defining or
describing such vehicles by any other terms such as livery,  black  car,
or luxury limousine.
  S  7.  Section 181 of the general municipal law is amended by adding a
new closing paragraph to read as follows:

A. 6090--A                         10

  FOR THE PURPOSES OF THIS ARTICLE, THE TERMS  TAXICABS,  LIMOUSINES  OR
LIVERY  VEHICLES  SHALL  NOT  INCLUDE MOTOR VEHICLES THAT MEET THE DEFI-
NITION OF A TRANSPORTATION NETWORK VEHICLE  AS  DEFINED  IN  SUBDIVISION
EIGHT OF SECTION TWO THOUSAND TWO HUNDRED ONE OF THE VEHICLE AND TRAFFIC
LAW.
  S  8. Section 151 of the transportation law is amended by adding a new
subdivision 13 to read as follows:
  13. IN A VEHICLE THAT MEETS THE DEFINITION OF A TRANSPORTATION NETWORK
VEHICLE AS DEFINED IN SUBDIVISION EIGHT  OF  SECTION  TWO  THOUSAND  TWO
HUNDRED ONE OF THE VEHICLE AND TRAFFIC LAW.
  S 9. Subsection (b) of section 5103 of the insurance law is amended by
adding a new paragraph 4 to read as follows:
  (4)  IS INJURED WHILE OPERATING A PERSONAL VEHICLE AS A TRANSPORTATION
NETWORK COMPANY DRIVER OR TRANSPORTATION NETWORK COMPANY RIDER  AS  SUCH
TERMS  ARE  DEFINED  IN  SUBSECTION  (B)  OF SECTION THREE THOUSAND FOUR
HUNDRED FORTY-ONE OF THIS CHAPTER.
  S 10. The vehicle and traffic law is amended by  adding  a  new  title
10-a to read as follows:
                                TITLE X-A
                    TRANSPORTATION NETWORK COMPANIES
ARTICLE 46-A. TRANSPORTATION NETWORK COMPANIES.
                              ARTICLE 46-A
                    TRANSPORTATION NETWORK COMPANIES
SECTION 2200. SHORT TITLE.
        2201. DEFINITIONS.
        2202. REGULATION OF TRANSPORTATION NETWORK COMPANIES.
        2203. REGISTRATION AND INSURANCE.
        2204. OPERATIONAL  REQUIREMENTS OF TRANSPORTATION NETWORK COMPA-
                NIES.
        2205. TRANSPORTATION NETWORK SERVICE LIMITATIONS.
        2206. VEHICLE REQUIREMENTS FOR TRANSPORTATION NETWORK VEHICLES.
        2207. PERMIT  REQUIRED  FOR  TRANSPORTATION  NETWORK  COMPANIES,
                PENALTY FOR VIOLATION, AND RULES.
        2208. DRIVER LICENSING REQUIREMENT.
        2209. DISTRIBUTION OF FEES AND PENALTIES.
        2210. RULES AND INSPECTIONS.
        2211. RULE OF CONSTRUCTION.
  S  2200.  SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "TRANSPORTATION NETWORK COMPANY ACT".
  S 2201. DEFINITIONS. WHEN USED IN THIS ARTICLE,  THE  FOLLOWING  TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  1.  "DIGITAL  NETWORK"  SHALL HAVE THE MEANING SET FORTH IN SUBSECTION
(B) OF SECTION THREE THOUSAND FOUR HUNDRED FORTY-ONE  OF  THE  INSURANCE
LAW.
  2.  "PREARRANGED  RIDE" SHALL HAVE THE MEANING SET FORTH IN SUBSECTION
(B) OF SECTION THREE THOUSAND FOUR HUNDRED FORTY-ONE  OF  THE  INSURANCE
LAW.
  3.  "TRANSPORTATION  NETWORK COMPANY" SHALL HAVE THE MEANING SET FORTH
IN SUBSECTION (B) OF SECTION THREE THOUSAND FOUR  HUNDRED  FORTY-ONE  OF
THE INSURANCE LAW.
  4.  "TRANSPORTATION NETWORK COMPANY DRIVER" OR "DRIVER" SHALL HAVE THE
MEANING SET FORTH IN SUBSECTION  (B)  OF  SECTION  THREE  THOUSAND  FOUR
HUNDRED FORTY-ONE OF THE INSURANCE LAW.
  5.  "TRANSPORTATION  NETWORK  COMPANY RIDER" OR "RIDER" SHALL HAVE THE
MEANING SET FORTH IN SUBSECTION  (B)  OF  SECTION  THREE  THOUSAND  FOUR
HUNDRED FORTY-ONE OF THE INSURANCE LAW.

A. 6090--A                         11

  6.  "PERSONAL  VEHICLE" SHALL HAVE THE MEANING SET FORTH IN SUBSECTION
(B) OF SECTION THREE THOUSAND FOUR HUNDRED FORTY-ONE  OF  THE  INSURANCE
LAW.
  7.  "TRANSPORTATION NETWORK SERVICES" MEANS THE PROVISION OF TRANSPOR-
TATION BY A TRANSPORTATION NETWORK DRIVER TO  A  TRANSPORTATION  NETWORK
RIDER  WITH  WHOM THE TRANSPORTATION NETWORK DRIVER IS MATCHED THROUGH A
TRANSPORTATION NETWORK COMPANY.  THE  TERM  DOES  NOT  INCLUDE  SERVICES
PROVIDED  EITHER DIRECTLY BY OR UNDER CONTRACT WITH A POLITICAL SUBDIVI-
SION OR OTHER ENTITY EXEMPT FROM FEDERAL INCOME TAX UNDER SECTION 115 OF
THE FEDERAL "INTERNAL REVENUE CODE OF 1986", AS AMENDED.
  8. "TRANSPORTATION NETWORK VEHICLE" MEANS A MOTOR VEHICLE  USED  BY  A
TRANSPORTATION  NETWORK  DRIVER  THAT  IS  HIS OR HER OWN PERSONAL MOTOR
VEHICLE AND ALSO USED TO PROVIDE A PREARRANGED RIDE  FOR  TRANSPORTATION
NETWORK  RIDERS  MATCHED  THROUGH  A  TRANSPORTATION  NETWORK  COMPANY'S
DIGITAL NETWORK. A TRANSPORTATION NETWORK VEHICLE IS NOT A  TAXICAB,  AS
DEFINED  IN  SECTION  ONE  HUNDRED  FORTY-EIGHT-A  OF THIS CHAPTER, OR A
LIVERY AS DEFINED IN SECTION ONE HUNDRED TWENTY-ONE-E OF THIS CHAPTER.
  9. "UNMATCHED PERIOD" MEANS A PERIOD OF TIME THAT BEGINS WHEN A TRANS-
PORTATION NETWORK COMPANY DRIVER IS AVAILABLE TO ACCEPT A REQUESTED RIDE
THROUGH  A  DIGITAL  NETWORK  AND  TO  PROVIDE  TRANSPORTATION   NETWORK
SERVICES, BUT HAS NOT YET ACCEPTED A REQUESTED RIDE AND IS NOT PROVIDING
TRANSPORTATION  NETWORK SERVICES, AND ENDS WHEN A TRANSPORTATION NETWORK
COMPANY DRIVER HAS ACCEPTED SUCH A REQUESTED RIDE.
  10. "SERIOUS CRIMINAL OFFENSE" SHALL MEAN A CONVICTION OF (I) A FELONY
INVOLVING THE USE OF A MOTOR VEHICLE; (II) A FELONY  INVOLVING  MANUFAC-
TURING,  DISTRIBUTING  OR  DISPENSING  A  DRUG AS DEFINED IN SECTION ONE
HUNDRED FOURTEEN-A OF THIS CHAPTER OR POSSESSION OF ANY SUCH  DRUG  WITH
INTENT TO MANUFACTURE, DISTRIBUTE OR DISPENSE SUCH DRUG IN WHICH A MOTOR
VEHICLE WAS USED; (III) A VIOLATION OF SUBDIVISION ONE OR TWO OF SECTION
SIX  HUNDRED  OF THIS CHAPTER; (IV) OPERATING A MOTOR VEHICLE WHEN, AS A
RESULT OF PRIOR VIOLATIONS COMMITTED WHILE OPERATING  A  MOTOR  VEHICLE,
THE  INDIVIDUAL'S  DRIVER'S  LICENSE IS REVOKED, SUSPENDED, OR CANCELED;
(V) CAUSING A FATALITY THROUGH THE NEGLIGENT OPERATION OF A MOTOR  VEHI-
CLE,  INCLUDING  BUT NOT LIMITED TO THE CRIMES OF VEHICULAR MANSLAUGHTER
OR CRIMINALLY NEGLIGENT HOMICIDE; (VI) HOMICIDE; AND (VII) A  FELONY  OR
ASSAULT, SEXUAL OFFENSES, KIDNAPPING, OR BURGLARY.
  S 2202. REGULATION OF TRANSPORTATION NETWORK COMPANIES.
  1.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, TRANSPORTATION NETWORK
COMPANIES ARE GOVERNED EXCLUSIVELY BY THIS ARTICLE.
  2. THE PROVISIONS OF SECTIONS NINETY-SIX,  NINETY-EIGHT,  NINETY-NINE,
ONE  HUNDRED  THREE, ONE HUNDRED SIXTEEN, ONE HUNDRED FORTY, ONE HUNDRED
FORTY-TWO, ONE HUNDRED FORTY-THREE, ONE HUNDRED FIFTY-TWO,  ONE  HUNDRED
FIFTY-SIX,  ONE  HUNDRED FIFTY-SEVEN, AND ONE HUNDRED FIFTY-EIGHT OF THE
TRANSPORTATION LAW, AND 17 NYCRR PT. 720, 17 NYCRR PT. 721, 17 NYCRR PT.
730, AND 17 NYCRR PT. 741, SHALL NOT  APPLY  TO  TRANSPORTATION  NETWORK
VEHICLES.
  3.  THE PROVISIONS OF SUBPARAGRAPH (V) OF PARAGRAPH (A) OF SUBDIVISION
TWO OF SECTION FIVE HUNDRED ONE OF  THIS  CHAPTER  SHALL  NOT  APPLY  TO
TRANSPORTATION NETWORK COMPANIES OR TRANSPORTATION NETWORK DRIVERS.
  S 2203. REGISTRATION AND INSURANCE.
  1.  A  TRANSPORTATION NETWORK COMPANY SHALL OBTAIN AUTHORIZATION TO DO
BUSINESS IN NEW YORK AS REQUIRED BY SECTION ONE THOUSAND  THREE  HUNDRED
ONE OF THE BUSINESS CORPORATION LAW.
  2.   A TRANSPORTATION NETWORK COMPANY SHALL CAUSE TO BE FILED WITH THE
COMMISSIONER OF MOTOR VEHICLES DOCUMENTATION EVIDENCING THAT A TRANSPOR-
TATION NETWORK COMPANY DRIVER OR THE TRANSPORTATION NETWORK  COMPANY  ON

A. 6090--A                         12

THE  DRIVER'S  BEHALF  MAINTAINS AUTOMOBILE INSURANCE THAT SATISFIES THE
REQUIREMENTS OF SECTION THREE THOUSAND FOUR  HUNDRED  FORTY-ONE  OF  THE
INSURANCE LAW.
  S 2204. OPERATIONAL REQUIREMENTS OF TRANSPORTATION NETWORK COMPANIES.
  1. THE FOLLOWING REQUIREMENTS APPLY TO THE PROVISION OF TRANSPORTATION
NETWORK SERVICES:
  (A)  A  TRANSPORTATION  NETWORK  COMPANY  SHALL PROVIDE TRANSPORTATION
NETWORK SERVICES TO THE PUBLIC IN A NONDISCRIMINATORY MANNER, REGARDLESS
OF GEOGRAPHIC LOCATION OF THE DEPARTURE POINT OR DESTINATION,  ONCE  THE
DRIVER  AND  RIDER  HAVE  BEEN  MATCHED  THROUGH THE DIGITAL NETWORK, AS
REQUIRED BY SECTION ONE HUNDRED SIX OF THE TRANSPORTATION LAW.
  (B) A TRANSPORTATION  NETWORK  COMPANY  SHALL  NOT  IMPOSE  ADDITIONAL
CHARGES  FOR  PROVIDING  TRANSPORTATION NETWORK SERVICES TO PERSONS WITH
PHYSICAL OR MENTAL DISABILITIES BECAUSE OF THOSE DISABILITIES AND  SHALL
REQUIRE  TRANSPORTATION  NETWORK  COMPANY  DRIVERS  TO  PERMIT A SERVICE
ANIMAL TO ACCOMPANY A TRANSPORTATION NETWORK COMPANY RIDER ON  A  PREAR-
RANGED  RIDE UNLESS THE PRESENCE OF A SERVICE ANIMAL WOULD SIGNIFICANTLY
COMPROMISE THE HEALTH OF THE TRANSPORTATION NETWORK COMPANY  DRIVER  DUE
TO  A  MEDICALLY  DIAGNOSED ALLERGY. IF A TRANSPORTATION NETWORK COMPANY
RIDER WITH PHYSICAL OR MENTAL  DISABILITIES  REQUIRES  THE  USE  OF  THE
TRANSPORTATION NETWORK COMPANY RIDER'S MOBILITY EQUIPMENT, A TRANSPORTA-
TION  NETWORK COMPANY SHALL REQUIRE TRANSPORTATION NETWORK COMPANY DRIV-
ERS TO STORE THE MOBILITY EQUIPMENT IN THE TRANSPORTATION NETWORK  VEHI-
CLE  DURING  A PREARRANGED RIDE IF THE TRANSPORTATION NETWORK VEHICLE IS
REASONABLY CAPABLE OF STORING THE MOBILITY EQUIPMENT. IF THE TRANSPORTA-
TION NETWORK COMPANY DRIVER IS UNABLE TO STORE A TRANSPORTATION  NETWORK
COMPANY  RIDER'S  MOBILITY EQUIPMENT IN THE TRANSPORTATION NETWORK VEHI-
CLE, THE TRANSPORTATION NETWORK COMPANY DRIVER SHALL REFER THE TRANSPOR-
TATION NETWORK COMPANY RIDER TO ANOTHER TRANSPORTATION  NETWORK  COMPANY
DRIVER  OR  TRANSPORTATION  SERVICE  PROVIDER  WITH  A  VEHICLE  THAT IS
EQUIPPED TO ACCOMMODATE THE RIDER'S MOBILITY EQUIPMENT.
  (C) A TRANSPORTATION NETWORK COMPANY IS NOT LIABLE FOR  A  TRANSPORTA-
TION  NETWORK COMPANY DRIVER'S VIOLATION OF PARAGRAPH (B) OF THIS SUBDI-
VISION UNLESS THE TRANSPORTATION NETWORK COMPANY DRIVER'S VIOLATION  HAS
BEEN  PREVIOUSLY REPORTED TO THE TRANSPORTATION NETWORK COMPANY IN WRIT-
ING, AND THE TRANSPORTATION NETWORK COMPANY  HAS  FAILED  TO  REASONABLY
ADDRESS THE ALLEGED VIOLATION. THE COMMISSIONER SHALL AFFORD A TRANSPOR-
TATION  NETWORK COMPANY THE SAME DUE PROCESS RIGHTS AFFORDED TRANSPORTA-
TION PROVIDERS IN DEFENDING AGAINST  CIVIL  PENALTIES  ASSESSED  BY  THE
COMMISSIONER OF MOTOR VEHICLES.
  (D)  ALTHOUGH  TRANSPORTATION  NETWORK COMPANIES MAY PROVIDE PLATFORMS
ALLOWING DRIVERS AND PASSENGERS TO "RATE" EACH OTHER,  A  TRANSPORTATION
NETWORK COMPANY SHALL USE REASONABLE EFFORTS TO ENSURE THAT SUCH RATINGS
ARE NOT BASED ON UNLAWFUL DISCRIMINATION.
  (E)  A TRANSPORTATION NETWORK COMPANY SHALL MAKE AVAILABLE TO PROSPEC-
TIVE TRANSPORTATION NETWORK RIDERS AN EXPLANATION OF THE METHOD BY WHICH
THE TRANSPORTATION NETWORK COMPANY CALCULATES FARES AND  THE  OPTION  TO
DETERMINE AN ESTIMATED FARE ON ITS DIGITAL NETWORK OR WEBSITE.
  (F)  UPON  COMPLETION  OF A PREARRANGED RIDE, A TRANSPORTATION NETWORK
COMPANY SHALL TRANSMIT TO THE TRANSPORTATION NETWORK  COMPANY  RIDER  AN
ELECTRONIC  RECEIPT DOCUMENTING: (I) THE POINT OF ORIGIN AND DESTINATION
OF THE PREARRANGED RIDE; (II) THE TOTAL DURATION  AND  DISTANCE  OF  THE
PREARRANGED RIDE; (III) THE TOTAL FARE PAID, INCLUDING THE BASE FARE AND
ANY ADDITIONAL CHARGES INCURRED FOR DISTANCE TRAVELED OR DURATION OF THE
PREARRANGED RIDE; AND (IV) THE DRIVER'S FIRST NAME.

A. 6090--A                         13

  (G)  A  TRANSPORTATION  NETWORK  COMPANY  SHALL  MAKE AVAILABLE TO ALL
TRANSPORTATION NETWORK RIDERS A CUSTOMER SUPPORT CONTACT ON ITS  DIGITAL
NETWORK OR WEBSITE FOR TRANSPORTATION NETWORK COMPANY RIDER INQUIRIES.
  (H)  BEFORE  PERMITTING  A  PERSON  TO ACT AS A TRANSPORTATION NETWORK
COMPANY DRIVER, A TRANSPORTATION NETWORK COMPANY SHALL CONFIRM THAT  THE
PERSON  IS  AT  LEAST TWENTY-ONE YEARS OF AGE AND POSSESSES: (I) A VALID
DRIVER'S LICENSE; (II) PROOF OF AUTOMOBILE INSURANCE; AND (III) PROOF OF
A NEW YORK VEHICLE REGISTRATION;
  (I) BEFORE PERMITTING A PERSON TO  ACT  AS  A  TRANSPORTATION  NETWORK
COMPANY  DRIVER,  A  TRANSPORTATION  NETWORK  COMPANY SHALL REQUIRE EACH
TRANSPORTATION NETWORK COMPANY  DRIVER  TO  WEAR  A  SAFETY  BELT  WHILE
PERFORMING  TRANSPORTATION  NETWORK SERVICES. THE TRANSPORTATION NETWORK
COMPANY SHALL ESTABLISH A DRIVER TRAINING PROGRAM FOR ALL TRANSPORTATION
NETWORK COMPANY DRIVERS CONCERNING SAFETY  AND  PROPER  OPERATION  OF  A
TRANSPORTATION  NETWORK  VEHICLE PRIOR TO THE DRIVER BEING ABLE TO OFFER
SERVICE.
  (J) THE DEPARTMENT OF CRIMINAL JUSTICE SERVICES SHALL,  UPON  REQUEST,
PROVIDE TO A TRANSPORTATION NETWORK COMPANY A PROSPECTIVE TRANSPORTATION
NETWORK  COMPANY  DRIVER'S  CRIMINAL HISTORY OR A TRANSPORTATION NETWORK
COMPANY SHALL OBTAIN AN EQUIVALENT CRIMINAL HISTORY FROM A  THIRD  PARTY
PROVIDER  BEFORE  PERMITTING A PERSON TO ACT AS A TRANSPORTATION NETWORK
COMPANY DRIVER.  A TRANSPORTATION COMPANY SHALL NOT PERMIT AN INDIVIDUAL
TO PROVIDE TRANSPORTATION NETWORK SERVICES AS A  TRANSPORTATION  NETWORK
COMPANY  DRIVER IF THE INDIVIDUAL HAS BEEN CONVICTED OF A SERIOUS CRIMI-
NAL OFFENSE.
  (K) A TRANSPORTATION NETWORK COMPANY SHALL REQUIRE ALL  TRANSPORTATION
NETWORK  COMPANY  DRIVERS TO REPORT ANY CRIMINAL CONVICTIONS IMMEDIATELY
AND SHALL NO LONGER PERMIT A TRANSPORTATION NETWORK  COMPANY  DRIVER  TO
PROVIDE  TRANSPORTATION  NETWORK  SERVICES IF THE TRANSPORTATION NETWORK
COMPANY BECOMES AWARE THAT THE SUBJECT  TRANSPORTATION  NETWORK  COMPANY
DRIVER HAS BEEN CONVICTED OF A SERIOUS CRIMINAL OFFENSE.
  (L)  BEFORE  PERMITTING  A  PERSON  TO ACT AS A TRANSPORTATION NETWORK
COMPANY DRIVER, A TRANSPORTATION NETWORK COMPANY SHALL CONDUCT A  REVIEW
OF THE DRIVING RECORD OF EVERY PROSPECTIVE TRANSPORTATION NETWORK COMPA-
NY  DRIVER AND SHALL NOT PERMIT AN INDIVIDUAL TO BECOME A TRANSPORTATION
NETWORK COMPANY DRIVER IF SUCH INDIVIDUAL HAS  MORE  THAN  THREE  MOVING
VIOLATIONS WITHIN THE TWELVE MONTH PERIOD PRIOR TO PROVIDING TRANSPORTA-
TION NETWORK SERVICES AS A TRANSPORTATION NETWORK COMPANY DRIVER.
  (M)  A TRANSPORTATION NETWORK COMPANY SHALL INSTITUTE A ZERO TOLERANCE
INTOXICATING SUBSTANCE POLICY WITH  RESPECT  TO  TRANSPORTATION  NETWORK
COMPANY DRIVERS AS FOLLOWS:
  (I)  THE  TRANSPORTATION NETWORK COMPANY SHALL INCLUDE ON ITS WEBSITE,
DIGITAL NETWORK AND TRANSPORTATION NETWORK COMPANY  RIDERS'  RECEIPTS  A
NOTICE  CONCERNING  THE  TRANSPORTATION NETWORK COMPANY'S ZERO-TOLERANCE
POLICY AND THE METHODS TO REPORT A  DRIVER  WHOM  THE  RIDER  REASONABLY
SUSPECTS  WAS  UNDER THE INFLUENCE OF DRUGS OR ALCOHOL DURING THE COURSE
OF THE TRANSPORTATION NETWORK RIDE; AND
  (II) PROMPTLY AFTER A ZERO-TOLERANCE COMPLAINT IS FILED, THE TRANSPOR-
TATION NETWORK COMPANY SHALL SUSPEND THE TRANSPORTATION NETWORK  COMPANY
DRIVER FOR FURTHER INVESTIGATION.
  (N) A TRANSPORTATION NETWORK COMPANY SHALL REQUIRE THAT EACH TRANSPOR-
TATION NETWORK VEHICLE DISPLAYS A MARKING THAT IDENTIFIES THE VEHICLE AS
A  TRANSPORTATION  NETWORK  VEHICLE THAT IS VISIBLE FROM THE EXTERIOR OF
THE VEHICLE AT ALL TIMES DURING WHICH THE VEHICLE IS  BEING  USED  AS  A
TRANSPORTATION  NETWORK VEHICLE. THE DIGITAL NETWORK USED BY A TRANSPOR-
TATION NETWORK COMPANY TO CONNECT DRIVERS AND RIDERS  MUST  DISPLAY  FOR

A. 6090--A                         14

THE  TRANSPORTATION  NETWORK COMPANY RIDER: A PICTURE OF THE TRANSPORTA-
TION NETWORK COMPANY DRIVER AND A PICTURE OF THE TRANSPORTATION  NETWORK
VEHICLE  THE  TRANSPORTATION  NETWORK COMPANY DRIVER IS APPROVED TO USE,
INCLUDING  THE  LICENSE  PLATE  NUMBER  TO  IDENTIFY  THE TRANSPORTATION
NETWORK VEHICLE.
  (O) A TRANSPORTATION NETWORK COMPANY SHALL NOT PERMIT A TRANSPORTATION
NETWORK COMPANY  DRIVER  TO  OFFER  OR  PROVIDE  TRANSPORTATION  NETWORK
SERVICES FOR MORE THAN TWELVE CONSECUTIVE HOURS.
  (P)  A  TRANSPORTATION  NETWORK COMPANY SHALL DISCLOSE, IN WRITING, TO
EACH PROSPECTIVE TRANSPORTATION NETWORK COMPANY DRIVER THE FOLLOWING:
  (I) THE TERMS OF ANY INSURANCE, INCLUDING THE TYPES  OF  COVERAGE  AND
THE  LIMITS  FOR EACH COVERAGE, UNDER ANY POLICY THAT THE TRANSPORTATION
NETWORK COMPANY MAINTAINS ON  THE  DRIVER'S  BEHALF  PROVIDING  COVERAGE
WHILE  THE TRANSPORTATION NETWORK COMPANY DRIVER USES A PERSONAL VEHICLE
IN CONNECTION WITH A TRANSPORTATION NETWORK COMPANY'S  DIGITAL  NETWORK;
AND
  (II)  THAT  THE  TRANSPORTATION  NETWORK  COMPANY DRIVER'S OWN PRIVATE
PASSENGER AUTOMOBILE INSURANCE  POLICY  MAY  NOT  PROVIDE  ANY  COVERAGE
DURING  AN  UNMATCHED  PERIOD  OR WHILE A TRANSPORTATION NETWORK COMPANY
DRIVER IS ENGAGED IN A PREARRANGED RIDE, UNLESS A CONTRACT  OR  ENDORSE-
MENT PROVIDING SUCH COVERAGE HAS BEEN OBTAINED FROM THE DRIVER'S PRIVATE
PASSENGER AUTOMOBILE INSURER.
  (Q) OTHER THAN THE DISCLOSURE OF AGGREGATED USER DATA AND OTHER INFOR-
MATION  ABOUT  TRANSPORTATION NETWORK USERS THAT IS NOT PERSONALLY IDEN-
TIFIABLE, A TRANSPORTATION NETWORK COMPANY SHALL NOT DISCLOSE TO A THIRD
PARTY ANY PERSONALLY IDENTIFIABLE INFORMATION CONCERNING A USER  OF  THE
TRANSPORTATION  NETWORK COMPANY'S DIGITAL NETWORK UNLESS: (I) THE TRANS-
PORTATION  NETWORK  COMPANY  OBTAINS  THE  USER'S  CONSENT  TO  DISCLOSE
PERSONALLY  IDENTIFIABLE  INFORMATION;  (II)  DISCLOSURE IS NECESSARY TO
COMPLY WITH A LEGAL OBLIGATION; OR  (III)  DISCLOSURE  IS  NECESSARY  TO
PROTECT  OR DEFEND THE TERMS AND CONDITIONS FOR USE OF THE SERVICE OR TO
INVESTIGATE VIOLATIONS OF THE TERMS AND CONDITIONS.
  2. IF ANY PERSON FILES A COMPLAINT  WITH  THE  COMMISSIONER  OF  MOTOR
VEHICLES  AGAINST  A  TRANSPORTATION  NETWORK  COMPANY OR TRANSPORTATION
NETWORK COMPANY DRIVER, THE COMMISSIONER MAY INSPECT THE  TRANSPORTATION
NETWORK  COMPANY'S  RECORDS  AS  REASONABLY NECESSARY TO INVESTIGATE AND
RESOLVE THE COMPLAINT.
  S 2205. TRANSPORTATION NETWORK SERVICE LIMITATIONS.  A  TRANSPORTATION
NETWORK COMPANY DRIVER SHALL NOT PROVIDE TRANSPORTATION NETWORK SERVICES
UNLESS  A  TRANSPORTATION NETWORK COMPANY HAS MATCHED THE TRANSPORTATION
NETWORK COMPANY DRIVER TO  A  TRANSPORTATION  NETWORK  RIDER  THROUGH  A
DIGITAL  NETWORK.  A  TRANSPORTATION  NETWORK  COMPANY  DRIVER SHALL NOT
SOLICIT OR ACCEPT THE ON-DEMAND SUMMONING OF A RIDE, OTHERWISE KNOWN  AS
A "STREET HAIL".
  S 2206. VEHICLE REQUIREMENTS FOR TRANSPORTATION NETWORK VEHICLES.
  1.  THE  FOLLOWING  REQUIREMENTS  APPLY  TO THE TRANSPORTATION NETWORK
VEHICLES:
  (A) A TRANSPORTATION NETWORK VEHICLE MUST HAVE AT LEAST FOUR DOORS AND
BE DESIGNED TO CARRY NO MORE THAN EIGHT PASSENGERS, INCLUDING THE TRANS-
PORTATION NETWORK COMPANY DRIVER.
  (B) A TRANSPORTATION NETWORK VEHICLE SHALL DISPLAY THE NAME OR LOGO OF
THE TRANSPORTATION NETWORK COMPANY AFFIXED TO THE WINDSHIELD IN  A  FORM
AND MANNER THAT IS VISIBLE FROM THE EXTERIOR OF THE VEHICLE.
  (C)  EACH  TRANSPORTATION  NETWORK  VEHICLE  MUST BE INSPECTED NO LESS
FREQUENTLY THAN EVERY TWELVE MONTHS BY AN  OFFICIAL  INSPECTION  STATION
LICENSED PURSUANT TO SECTION THREE HUNDRED THREE OF THIS CHAPTER, OR, IF

A. 6090--A                         15

THE  TRANSPORTATION  NETWORK  VEHICLE IS REGISTERED IN ANOTHER STATE, BY
THE AGENCY RESPONSIBLE FOR VEHICLE REGISTRATION AND INSPECTION  IN  THAT
STATE,  AND  EACH  TRANSPORTATION  NETWORK  VEHICLE MUST DISPLAY A VALID
INSPECTION STICKER INDICATING THE DATE OF THE LAST INSPECTION AND/OR THE
EXPIRATION  DATE,  IF SUCH STICKERS ARE ISSUED BY THE STATE OF REGISTRA-
TION.
  S 2207. PERMIT REQUIRED FOR TRANSPORTATION NETWORK COMPANIES,  PENALTY
FOR VIOLATION, AND RULES.
  1.  A PERSON SHALL NOT OPERATE A TRANSPORTATION NETWORK COMPANY IN NEW
YORK WITHOUT FIRST HAVING OBTAINED A PERMIT  FROM  THE  COMMISSIONER  OF
MOTOR VEHICLES.
  2.  THE  COMMISSIONER  OF  MOTOR VEHICLES SHALL ISSUE A PERMIT TO EACH
TRANSPORTATION NETWORK COMPANY THAT MEETS THE REQUIREMENTS OF THIS ARTI-
CLE AND PAYS AN ANNUAL PERMIT FEE.
  3. THE ANNUAL PERMIT FEE  SHALL  BE  ESTABLISHED  AND  LEVIED  BY  THE
COMMISSIONER  OF  MOTOR VEHICLES SUBJECT TO THE APPROVAL OF THE DIRECTOR
OF THE DIVISION OF THE BUDGET IN AN AMOUNT THAT IS REASONABLY SUFFICIENT
TO RAISE FUNDS TO DEFRAY THE EXPENSES OF THE DEPARTMENT IN ADMINISTERING
AND ENFORCING THIS ARTICLE. THE COMMISSIONER MAY  PROMULGATE  THE  RULES
AND REGULATIONS NECESSARY TO ADMINISTER THE ANNUAL PERMIT FEE.
  4.  THE  COMMISSIONER  OF  MOTOR VEHICLES SHALL DETERMINE A REASONABLE
FORM AND MANNER OF APPLICATION  FOR  A  TRANSPORTATION  NETWORK  COMPANY
PERMIT.
  5. A PERMIT MAY BE SUSPENDED BY THE COMMISSIONER OF MOTOR VEHICLES FOR
FAILURE  TO COMPLY WITH THE INSURANCE, REPORTING, OR SAFETY REQUIREMENTS
OF THIS ARTICLE. ANY SUCH PERMIT MAY THEREAFTER BE REVOKED  IN  NO  LESS
THAN THIRTY DAYS AFTER THE DATE OF SUSPENSION ORDERED BY THE COMMISSION-
ER  OF  MOTOR  VEHICLES  IF  THE  CARRIER DOES NOT COMPLY WITH THE RATE,
INSURANCE, ANNUAL REPORTING, OR SAFETY REQUIREMENTS OF THIS ARTICLE.
  6. FOR A VIOLATION OF THIS ARTICLE OR  A  FAILURE  TO  COMPLY  WITH  A
COMMISSIONER  OF  MOTOR  VEHICLES  ORDER, DECISION, OR RULE ISSUED UNDER
THIS ARTICLE, A TRANSPORTATION NETWORK COMPANY IS SUBJECT TO THE COMMIS-
SIONER'S AUTHORITY UNDER THIS CHAPTER.
  7. THE COMMISSIONER OF MOTOR VEHICLES MAY DENY  AN  APPLICATION  UNDER
THIS  ARTICLE  OR REFUSE TO RENEW THE PERMIT OF A TRANSPORTATION NETWORK
COMPANY BASED ON A DETERMINATION THAT THE TRANSPORTATION NETWORK COMPANY
HAS NOT SATISFIED A CIVIL PENALTY ARISING OUT OF  AN  ADMINISTRATIVE  OR
ENFORCEMENT ACTION BROUGHT BY THE COMMISSIONER.
  S  2208.  DRIVER  LICENSING  REQUIREMENT.  NOTWITHSTANDING  ANY  OTHER
PROVISION OF LAW, A CLASS D DRIVER'S LICENSE  SHALL  BE  VALID  FOR  THE
PERFORMANCE  OF  TRANSPORTATION  NETWORK  SERVICES  BY  A TRANSPORTATION
NETWORK DRIVER.
  S 2209. DISTRIBUTION OF FEES AND PENALTIES. ALL  PERMIT  FEES  CHARGED
AND  COLLECTED BY THE COMMISSIONER UNDER THIS ARTICLE SHALL BE DEPOSITED
BY THE COMPTROLLER INTO  THE  SPECIAL  OBLIGATION  RESERVE  AND  PAYMENT
ACCOUNT  OF  THE  HIGHWAY  AND BRIDGE TRUST FUND ESTABLISHED PURSUANT TO
SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW. ALL MONEYS RECOVERED  IN
AN  ACTION  TO  RECOVER  A  PENALTY OR FORFEITURE SHALL BE PAID INTO THE
STATE TREASURY TO THE CREDIT OF THE GENERAL FUND.
  S 2210. RULES AND INSPECTIONS.
  1. THE COMMISSIONER MAY PROMULGATE RULES CONSISTENT WITH THIS ARTICLE,
INCLUDING RULES CONCERNING ADMINISTRATION, FEES, AND SAFETY REQUIREMENTS
SO LONG AS THOSE RULES DO NOT EXPAND  THE  SUBSTANTIVE  REQUIREMENTS  OF
THIS ARTICLE.
  2.  THE  COMMISSIONER  MAY PROMULGATE RULES REQUIRING A TRANSPORTATION
NETWORK COMPANY TO MAINTAIN AND FILE WITH THE COMMISSIONER  EVIDENCE  OF

A. 6090--A                         16

FINANCIAL  RESPONSIBILITY  AND  PROOF  OF  THE CONTINUED VALIDITY OF THE
INSURANCE POLICY.
  S  2211.  RULE  OF CONSTRUCTION. NOTHING IN THIS ARTICLE AUTHORIZES OR
SHALL BE CONSTRUED TO AUTHORIZE THE PROVISION OF TRANSPORTATION  NETWORK
SERVICES IN ANY CITY WITH A POPULATION OF ONE MILLION OR MORE.
  S 11. This act shall take effect immediately.