REFERENCE TITLE: ride‑sharing networks; registration

 

 

 

State of Arizona

House of Representatives

Fifty-first Legislature

Second Regular Session

2014

 

 

HB 2273

 

Introduced by

Representatives Forese: Fann

 

 

AN ACT

 

amending sections 41‑2051 and 41‑2052, Arizona Revised Statutes; amending title 41, chapter 15, Arizona Revised Statutes, by adding article 8; relating to the department of weights and measures.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 41-2051, Arizona Revised Statutes, is amended to read:

START_STATUTE41-2051.  Definitions

In this chapter, unless the context otherwise requires:

1.  "Biodiesel" means a diesel fuel substitute that is produced from nonpetroleum renewable resources as defined by the United States environmental protection agency and that meets the registration requirements for fuels and fuel additives established by the United States environmental protection agency pursuant to section 211 of the clean air act, as defined in section 49‑401.01. 

2.  "Biodiesel blend" means a motor fuel that is comprised of biodiesel and diesel fuel and that is designated by the letter "B", followed by the numeric value of the volume percentage of biodiesel in the blend.

3.  "Biofuel" means a solid, liquid or gaseous fuel that is derived from biomass and that can be used directly for heating or power or as a motor fuel.

4.  "Biofuel blend" means a motor fuel that is comprised of a biofuel, that is combined with a petroleum based fuel and that is designated by the volume percentage of biofuel in the blend.

5.  "Biomass" means biological material, such as plant or animal matter, excluding organic material that has been transformed by geological processes into substances such as coal or petroleum or derivatives thereof, that may be transformed into biofuel.

6.  "Certification" means the process of determining the accuracy of a commercial device to the standards of this state by a registered service representative or the department.

7.  "Commercial device" means any weighing, measuring, metering or counting device that is used to determine the direct cost of things sold or offered or exposed for sale, or used to establish a fee for service if the cost is based on weight, measure or count, except that it does not include those devices used for in‑house packaging, inventory control or law enforcement purposes.

8.  "Commodity" means any merchandise, product or substance produced or distributed for sale to or use by others.

9.  "Correct" as used in connection with weights and measures means conformance to all applicable requirements of this chapter.

10.  "Department" means the department of weights and measures.

11.  "Diesel fuel" means a refined middle distillate that is used as a fuel in a compression‑ignition internal combustion engine and that meets the specifications of ASTM D975.

12.  "Director" means the director of the department of weights and measures.

13.  "E85" means a fuel ethanol gasoline blend that meets the specifications of ASTM D5798.

14.  "Inspector" means state officials of the department of weights and measures.

15.  "Limousine" means a motor vehicle providing prearranged ground transportation service for an individual passenger, or a group of passengers, that is arranged in advance or is operated on a regular route or between specified points and includes ground transportation under a contract or agreement for services that includes a fixed rate or time and is provided in a motor vehicle with a seating capacity not exceeding fifteen passengers, including the driver.

16.  "Liquid fuel measuring device" means any meter, pump, tank, gauge or apparatus used for volumetrically determining the quantity of any internal combustion engine fuel, liquefied petroleum gas or low-viscosity heating oil.

17.  "Livery vehicle" means a motor vehicle that:

(a)  Has a seating capacity not exceeding fifteen passengers, including the driver.

(b)  Provides passenger services for a fare determined by a flat rate or flat hourly rate between geographic zones or within a geographic area.

(c)  Is available for hire on an exclusive or shared-ride basis.

(d)  May do any of the following:

(i)  Operate on a regular route or between specified places.

(ii)  Offer prearranged ground transportation service as defined in section 28‑141.

(iii)  Offer on demand ground transportation service pursuant to a contract with a public airport, licensed business entity or organization.

18.  "Misfuel" means the act of dispensing into the fuel tank of a motor vehicle a motor fuel that was not intended to be used in the engine of that motor vehicle.

19.  "Motor fuel" means a petroleum or a petroleum-based substance that is motor gasoline, aviation gasoline, number one or number two diesel fuel or any grade of oxygenated gasoline typically used in the operation of a motor engine, including biodiesel blends, biofuel blends and the ethanol blend E85 as defined in ASTM D5798.

20.  "Package" means any commodity enclosed in a container or wrapped in any manner in advance of sale in units suitable for either wholesale or retail trade.

21.  "Person" means both the plural and the singular, as the case demands, and includes individuals, partnerships, corporations, companies, societies and associations.

22.  "Public weighmaster" means any person who is engaged in any of the following:

(a)  The business of weighing any object or thing for the public generally for hire or for internal use and issuing for that weighing a weight certificate intended to be accepted as an accurate weight upon on which a purchase or sale is to be based or on which a service fee is to be charged.

(b)  The business of weighing for hire motor vehicles, trailers or semitrailers and issuing weight certificates intended to be accepted as an accurate weight for the purpose of determining the amount of any tax, fee or other assessment on the vehicles.

23.  "Reference standards" means the physical standards of the state that serve as the legal reference from which all other standards and weights and measures are derived.

24.  "Registered service agency" means any agency, firm, company or corporation that for hire, award, commission or any other payment of any kind installs, services, repairs or reconditions a commercial device or tests or repairs vapor recovery systems or vapor recovery components and that has been issued a license by the department.

25.  "Registered service representative" means any individual who for hire, award, commission or any other payment of any kind installs, services, repairs or reconditions a commercial device or tests or repairs vapor recovery systems or vapor recovery components and who has been issued a license by the department.

26.  "Retail seller" means a person whose business purpose is to sell, expose or offer for sale or use any package or commodity by weight, measure or count.

27.  "Ride‑sharing network" means a company that uses a digital platform to connect passengers to ride‑sharing operators using personal, noncommercially licensed vehicles for the purpose of transportation.

28.  "Ride‑sharing operator" means an individual who uses the individual's personal, noncommercially licensed vehicle to provide transportation services in connection with a ride‑sharing network.

27.  29.  "Sale from bulk" means the sale of commodities when the quantity is determined at the time of sale.

28.  30.  "Secondary standards" means the physical standards that are traceable to the reference standards through comparisons, using acceptable laboratory procedures, and that are used in the enforcement of weights and measures laws and rules.

29.  31.  "Taxi" means a motor vehicle that has a seating capacity not exceeding fifteen passengers, including the driver, that is registered as a taxi in this state or any other state, that provides passenger services and that:

(a)  Does not primarily operate on a regular route or between specified places.

(b)  Offers local transportation for a fare determined on the basis of the distance traveled or prearranged ground transportation service as defined in section 28‑141 for a predetermined fare.

30.  32.  "Taxi meter" means a commercial device that meets the requirements of the national institute of standards and technology handbook 44 as prescribed by section 41‑2064.

31.  33.  "Weight" as used in connection with any commodity means net weight.

32.  34.  "Weights" or "measures", or both, means all weights, measures, meters or counters of every kind, instruments and devices for weighing, measuring, metering or counting and any appliance and accessories associated with any or all such instruments and devices. END_STATUTE

Sec. 2.  Section 41-2052, Arizona Revised Statutes, is amended to read:

START_STATUTE41-2052.  Livery vehicle, taxi, limousine and ride‑sharing regulation; state preemption

The regulation and use of livery vehicles, taxis, and limousines and ride‑sharing networks are of statewide concern.  Livery vehicles, taxis, and limousines and ride‑sharing networks and their use that are regulated pursuant to this title are not subject to further regulation by a county, city, town or other political subdivision of this state, except that a public airport operator that operates a public airport pursuant to section 28‑8421, 28‑8423 or 28‑8424 or a public body operating a public airport may establish the number of livery vehicles, taxis or limousines that may conduct business at a public airport or may set additional or more restrictive requirements for the conduct of that business at a public airport. END_STATUTE

Sec. 3.  Title 41, chapter 15, Arizona Revised Statutes, is amended by adding article 8, to read:

ARTICLE 8.  RIDE-SHARING NETWORKS

START_STATUTE41-2136.  Ride-sharing network; registration; civil penalty; exemption

A.  A ride-sharing network operating in this state shall:

1.  Register with the department and submit to the department evidence that it is licensed to do business in this state and maintain a registered agent in this state.

2.  Allow a ride-sharing operator to operate a motor vehicle that has at least four doors and is designed to carry not more than eight passengers, including the driver.

3.  Conduct, or have a third party conduct, a safety inspection of each motor vehicle to be used by a ride-sharing operator before the motor vehicle provides a ride-sharing service.

4.  Maintain an excess liability insurance policy that provides minimum coverage of one million dollars per incident for accidents involving a ride‑sharing vehicle and operator while in transit during a ride-sharing trip.

5.  Provide proof to the department on an annual basis of excess liability insurance coverage.

6.  Conduct, or have a third party conduct, a criminal background check on potential ride‑sharing operators.  A ride‑sharing network may not allow access to its digital platform by any ride-sharing operator who is required or ordered by a court to register pursuant to section 13‑3821 or who has been convicted within the past seven years of a violation of section 13‑706 or title 13, chapter 14, 19, 22, 23 or 35.1.

7.  Conduct, or have a third party conduct, a driver license record check on each potential ride-sharing operator before the operator offers ride-sharing services.  A ride‑sharing network may not allow access to its digital platform by any ride-sharing operator who has been convicted within the past seven years of a violation of section 28‑622.01, 28‑661, 28‑662, 28‑663, 28‑693, 28‑1381, 28‑1382, 28‑1383, 28‑1522 or 28‑1524 or who in the previous three years has had the person's driver license suspended or revoked due to a violation of title 28.

8.  Prohibit the use of drugs and alcohol while a ride-sharing operator provides ride-sharing services.  On receiving a complaint that a ride‑sharing operator is using drugs or alcohol while the ride‑sharing operator provides ride‑sharing services, the ride-sharing network shall:

(a)  Immediately revoke the ride-sharing operator's access to its digital platform. The revocation continues for the duration of the investigation.

(b)  Conduct an investigation.

B.  A ride‑sharing network shall use a digital platform to connect passengers to ride‑sharing operators using personal, noncommercially licensed vehicles for transportation purposes.  Before a passenger requests a ride, the ride‑sharing network shall make available to the passenger the fare calculation method, the applicable rates being charged and the option for an estimated fare.  On completion of a trip, the ride‑sharing network shall transmit an electronic receipt to the passenger's e‑mail address or mobile application documenting:

1.  The origination and destination of the trip.

2.  The total time and distance of the trip.

3.  A breakdown of the total fare paid, including the base fare and any charge for distance traveled and time.

C.  A ride-sharing operator shall:

1.  Accept only rides requested through a ride‑sharing network's digital platform and may not solicit or accept street hails.

2.  Possess a valid driver license issued by this state, proof of current vehicle registration and proof that the vehicle is in compliance with the financial responsibility requirements of title 28, chapter 9, article 4.

3.  Be at least twenty‑one years of age.

D.  The department may impose a civil penalty of not more than one thousand dollars against a person who violates this section.

E.  Article 4 of this chapter does not apply to ride‑sharing networks or ride‑sharing operators. END_STATUTE