A Bill for an Act
Page 1, Line 101Concerning measures to increase protections for persons
Page 1, Line 102engaged with transportation network companies.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
The bill prohibits a transportation network company (TNC) driver from driving or offering to drive for more than 10 consecutive hours.
Current law requires that, before an individual is permitted to act as a driver through the use of a TNC's digital network, the individual shall obtain a criminal history record check. The bill requires that the TNC procure a criminal history record check for the individual before the individual is permitted to act as a driver and at least once every 6 months after the initial criminal history record check. The bill requires that the criminal history record check be a fingerprint-based criminal history record check and eliminates the option for the individual to fulfill the requirement through a privately administered national criminal history record check.
Before each prearranged ride, a TNC shall verify that a driver providing the prearranged ride is the same driver authorized by the TNC to provide the prearranged ride through one of the following methods:
- An in-vehicle dash camera;
- A live self-identification photograph or video;
- Biometric verification by fingerprint or optical scan; or
- Another method that effectively verifies that the driver providing the prearranged ride is the same driver authorized by the TNC for that prearranged ride.
- Prevent imposter accounts, account sharing, and account renting;
- Prevent sexual assault, physical assault, and homicide against or committed by the TNC's drivers; and
- Allow drivers and riders to opt out of continuous audio and video recording during a prearranged ride.
- A violation of the "Transportation Network Company Act"; and
- Altering the rating that a rider assigned a driver on a TNC's digital network or assigning an automatic or default driver rating that the rider did not assign.
If a person files a complaint with the public utilities commission (commission) against a TNC or a driver, the TNC shall, upon request from the person filing the complaint, provide the person filing the complaint all known and available data, photographs, and video related to the prearranged ride that is the subject of the complaint. After a person files a complaint against a TNC or a driver, the TNC is required to respond to a request for information from the person, the commission, a court, a district attorney, the attorney general, or a law enforcement agency no later than 24 hours after the request is made.
In addition to enforcement by the commission, the bill authorizes the attorney general or a person injured or harmed by an alleged violation of the bill to initiate a civil proceeding in a district court against a TNC or a driver that violates the bill.
The bill requires a TNC to ensure that each prearranged ride is continuously audio and video recorded from when the driver picks up the rider until when the rider departs from the driver's vehicle. A rider or driver may opt out of the continuous audio and video recording.
The bill requires that, on or before February 1, 2026, and on or before February 1 each year thereafter, a TNC shall submit specified data to the commission, the attorney general, the house of representatives judiciary committee, and the senate judiciary committee.
A provision in a contract between a TNC and a rider is declared void as against public policy if the provision attempts or purports to waive specified rights.
The bill requires a TNC to develop policies to:
The following actions are made a deceptive trade practice in violation of the "Colorado Consumer Protection Act":
Page 3, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 3, Line 2SECTION 1. Legislative declaration. (1) The general assembly finds that:
Page 3, Line 3(a) Coloradans increasingly rely on a range of transportation
Page 3, Line 4modes, including transportation network companies, to travel to work, school, medical appointments, social gatherings, and more;
Page 3, Line 5(b) Unlike traditional transportation providers, transportation
Page 3, Line 6network companies exercise full control over their platforms while classifying drivers as independent contractors rather than employees;
Page 3, Line 7(c) Transportation network companies market their services as
Page 3, Line 8safe and convenient for vulnerable populations, including children,
Page 3, Line 9individuals with disabilities, and people seeking a responsible ride home
Page 3, Line 10after consuming alcohol. However, transportation network company
Page 3, Line 11drivers and riders have reported incidents of fraud, sexual assault, physical assault, and homicide.
Page 3, Line 12(d) According to the national institutes of health, drivers providing
Page 3, Line 13transportation network company services have an accident rate and a fatal
Page 3, Line 14crash incidence rate that is higher than the general population, partly due to the increased hours of driving and driver fatigue;
Page 3, Line 15(e) According to a study conducted by the University of Chicago,
Page 3, Line 16transportation network companies account for about a 3% annual increase
Page 4, Line 1in traffic-related fatalities, or roughly 987 people, including pedestrians,
Page 4, Line 2each year. This increase is due, in part, to the large number of drivers needed to provide quick response times.
Page 4, Line 3(f) Transportation network companies have failed to develop and
Page 4, Line 4fully implement adequate protections on their own volition, despite having direct knowledge of serious safety risks;
Page 4, Line 5(g) Transportation network companies rely on drivers and third
Page 4, Line 6parties for background checks, often using easily manipulated
Page 4, Line 7name-based methods instead of fingerprint-based screening, which is required in other safety-critical industries;
Page 4, Line 8(h) Transportation network companies have not effectively
Page 4, Line 9prevented the widespread problem of account sharing, where authorized
Page 4, Line 10drivers give unauthorized individuals access to their profiles, allowing
Page 4, Line 11unauthorized individuals to bypass security measures. Account sharing undermines security and puts riders and the public at risk of harm.
Page 4, Line 12(i) Transportation network companies have long been aware of the
Page 4, Line 13systemic problem of sexual assaults committed by their drivers. Internal
Page 4, Line 14safety reports confirm thousands of reported sexual assaults over multiple
Page 4, Line 15years, yet transportation network companies have not implemented
Page 4, Line 16meaningful reforms. The actual number of incidents is likely far higher,
Page 4, Line 17as studies show that only 30% of sexual assaults are reported, meaning
Page 4, Line 18thousands more victims may have been harmed. Transportation network
Page 4, Line 19companies have faced lawsuits from passengers and their own shareholders for failing to disclose the extent of the problem.
Page 4, Line 20(j) Transportation network companies prioritize profits over rider
Page 4, Line 21safety, rolling back protections despite billions of dollars in revenue. A
Page 4, Line 22$25 background check is negligible compared to the industry-wide $52 billion in annual revenue and $163 billion net worth.
Page 5, Line 1(2) Therefore, the general assembly declares that the people of
Page 5, Line 2Colorado require legislation to ensure that all transportation modes,
Page 5, Line 3including transportation network companies, are safe, reliable, and just
Page 5, Line 4and that the people of Colorado have a transportation system that prioritizes their safety.
Page 5, Line 5SECTION 2. In Colorado Revised Statutes, 40-10.1-605, amend
Page 5, Line 6(1)(e), (3)(a), (3)(b), (3)(c)(I), (3)(c)(II), and (5); and add (3)(c)(V), (3)(c)(VI), (3)(c)(VII), (3)(c)(VIII), (4.5), (7)(c), and (7.5) as follows:
Page 5, Line 740-10.1-605. Operational requirements - criminal history
Page 5, Line 8record check - driver verification - civil action - audio and video
Page 5, Line 9recording - rules. (1) The following requirements apply to the provision of services:
Page 5, Line 10(e) A driver shall not offer or provide transportation network company services for more than
twelvePage 5, Line 11(3) (a) Before
a person is permittedPage 5, Line 12to act as a driver through use of a transportation network company's
Page 5, Line 13digital network, and at least once every six months thereafter, the
personPage 5, Line 14
(I) ObtainPage 5, Line 15for the individual pursuant to the procedures set forth in section
Page 5, Line 1640-10.1-110, as supplemented by the commission's rules
promulgatedPage 5, Line 17adopted under section 40-10.1-110.
or through a privately administeredPage 5, Line 18
national criminal history record check, including the national sex offender database; andPage 5, Line 19
(II) If a privately administered national criminal history recordPage 5, Line 20
check is used, provide a copy of the criminal history record check to the transportation network company.Page 6, Line 1(b) A driver shall
obtain a criminal history record check inPage 6, Line 2
accordance with subparagraph (I) of paragraph (a) of this subsection (3)Page 6, Line 3
every five years while serving as a driverPage 6, Line 4fingerprint-based criminal history record check as required by
Page 6, Line 5a transportation network company to comply with subsection(3)(a) of this section.
Page 6, Line 6(c) (I)
A personPage 6, Line 7guilty or nolo contendere to driving under the influence of drugs or
Page 6, Line 8alcohol in the previous seven years before applying to become a driver
Page 6, Line 9shall not serve as a driver. If the criminal history record check
Page 6, Line 10performed pursuant to subsection (3)(a) of this section reveals that
Page 6, Line 11the
personPage 6, Line 12contendere to any of the following
felonypersonPage 6, Line 13(A) An offense involving fraud, as described in article 5 of title 18;
C.R.S.;Page 6, Line 14(B) An offense involving unlawful sexual behavior, as defined in section 16-22-102 (9);
C.R.S.;Page 6, Line 15(C) An offense against property, as described in article 4 of title 18;
C.R.S.; orPage 6, Line 16(D) A crime of violence, as described in section 18-1.3-406;
C.R.S.Page 6, Line 17(E) An offense involving domestic violence, as defined in section 18-6-800.3 (1);
Page 6, Line 18(F) An offense involving stalking, as described in section
Page 6, Line 1918-3-602; or
Page 7, Line 1(G) An offense involving harassment, as described in section 18-9-111.
Page 7, Line 2(II)
A personPage 7, Line 3guilty or nolo contendere to a comparable offense to the offenses
Page 7, Line 4listed in
subparagraph (I) of this paragraph (c)Page 7, Line 5this section in another state or in the United States shall not serve as a driver.
Page 7, Line 6(V) A driver who has been convicted of or pled guilty or
Page 7, Line 7nolo contendere to an offense listed in subsection (3)(c)(I) of
Page 7, Line 8this section shall notify the transportation network company
Page 7, Line 9within forty-eight hours after the individual's conviction was pronounced or plea was entered.
Page 7, Line 10(VI) An individual who has been convicted of or pled
Page 7, Line 11guilty or nolo contendere to driving under the influence of
Page 7, Line 12drugs or alcohol after the initial fingerprint-based criminal
Page 7, Line 13history record check performed pursuant to subsection (3)(a) of
Page 7, Line 14this section shall not serve as a driver for seven years after the conviction was pronounced or the plea was entered.
Page 7, Line 15(VII) An individual who has been disqualified or removed
Page 7, Line 16from driving for a transportation network company, a common
Page 7, Line 17carrier, or other transportation service regulated under this
Page 7, Line 18title 40 in this state or any other state shall not serve as a driver.
Page 7, Line 19(VIII) An individual who has an authorized profile to
Page 7, Line 20drive for a transportation network company and who allows
Page 7, Line 21another individual to drive for the transportation network
Page 7, Line 22company under the authorized profile or who has used another
Page 8, Line 1individual's authorized profile to accept a prearranged ride for a transportation network company shall not serve as a driver.
Page 8, Line 2(4.5) After a driver accepts a prearranged ride through
Page 8, Line 3a digital network, but before the driver picks up the rider, a
Page 8, Line 4transportation network company shall verify that the driver
Page 8, Line 5providing the prearranged ride is the same driver authorized by
Page 8, Line 6the transportation network company to provide the prearranged ride through one of the following methods:
Page 8, Line 7(a) An in-vehicle dash camera;
(b) A live self-identification photograph or video;
Page 8, Line 8(c) Biometric verification by fingerprint or optical scan; or
Page 8, Line 9(d) Another method that verifies that the driver
Page 8, Line 10providing the prearranged ride is the same driver authorized by the transportation network company for that prearranged ride.
Page 8, Line 11(5) (a) If
anyPage 8, Line 12against a transportation network company or driver, the commission may
Page 8, Line 13inspect the transportation network company's records as reasonably necessary to investigate and resolve the complaint.
Page 8, Line 14(b) If a person files a complaint as described in subsection
Page 8, Line 15(5)(a) of this section, a transportation network company shall
Page 8, Line 16respond to a request for information related to the complaint
Page 8, Line 17from a court, a district attorney, the attorney general, the
Page 8, Line 18commission, or a law enforcement agency no later than twenty-four hours after the request is made.
Page 8, Line 19(c) If a person files a complaint with the commission
Page 8, Line 20against a transportation network company or driver, the
Page 9, Line 1transportation network company shall, upon request from the
Page 9, Line 2person filing the complaint, provide to the person filing the
Page 9, Line 3complaint all known and available data, photographs, audio,
Page 9, Line 4and video related to the prearranged ride that is the subject of the complaint.
Page 9, Line 5(7) (c) (I) The attorney general or a person injured or
Page 9, Line 6harmed by an alleged violation of this section may initiate a
Page 9, Line 7civil proceeding in a district court against a transportation network company or a driver that violates this section.
Page 9, Line 8(II) A violation of this section by a transportation
Page 9, Line 9network company that results in injury or death to an individual has a significant public impact.
Page 9, Line 10(7.5) Unless a rider or driver opts out through the policy
Page 9, Line 11and procedure created by a transportation network company
Page 9, Line 12pursuant to section 40-10.1-610 (2)(a)(III) or (2)(a)(IV), a
Page 9, Line 13transportation network company shall ensure that each
Page 9, Line 14prearranged ride is continuously audio and video recorded from
Page 9, Line 15when the driver picks up the rider in a personal vehicle until when the rider departs from the personal vehicle.
Page 9, Line 16SECTION 3. In Colorado Revised Statutes, 40-10.1-609, add (3) as follows:
Page 9, Line 1740-10.1-609. Reporting requirements - report - rules. (3) On
Page 9, Line 18or before February 1, 2026, and on or before February 1 each
Page 9, Line 19year thereafter, a transportation network company operating
Page 9, Line 20in the state shall submit a report that includes the following
Page 9, Line 21data to the commission, the attorney general, and the judiciary
Page 9, Line 22committees of the house of representatives and the senate, or their successor committees:
Page 10, Line 1(a) The number of reported safety incidents involving a
Page 10, Line 2driver who provided services for the transportation network
Page 10, Line 3company in the preceding calendar year, including the number of reported instances of:
Page 10, Line 4(I) Physical assault;
(II) Sexual assault;
Page 10, Line 5(III) Verbal assault;
(IV) Stalking;
Page 10, Line 6(V) Harassment;
(VI) Theft;
Page 10, Line 7(VII) A motor vehicle accident, including an indication of
Page 10, Line 8whether the driver was at fault or the driver was not at fault; and
Page 10, Line 9(VIII) Homicide; and
Page 10, Line 10(b) The number of reported incidents of discriminatory
Page 10, Line 11speech or discriminatory conduct involving a driver who provided services for the transportation network company.
Page 10, Line 12SECTION 4. In Colorado Revised Statutes, add 40-10.1-610 as follows:
Page 10, Line 1340-10.1-610. Consumer protection - waiver of rights void -
Page 10, Line 14biometric data and biometric identifiers. (1) A provision in a
Page 10, Line 15contract between a transportation network company and a
Page 10, Line 16rider is void as against public policy if the provision attempts or purports to waive:
Page 10, Line 17(a) A right specified in this part 6;
Page 10, Line 18(b) A right provided by the "Colorado Consumer Protection Act", article 1 of title 6; or
Page 11, Line 1(c) The right to a jury trial.
Page 11, Line 2(2) (a) Within thirty days after the effective date of this section, a transportation network company shall:
Page 11, Line 3(I) Develop a policy to prevent imposter accounts, account sharing, and account renting;
Page 11, Line 4(II) Develop a policy to prevent sexual assault, physical
Page 11, Line 5assault, and homicide against or committed by the transportation network company's drivers;
Page 11, Line 6(III) Develop a policy to allow a rider to opt out of
Page 11, Line 7continuous audio and video recording during a prearranged ride conducted pursuant to section 40-10.1-605 (7.5);
Page 11, Line 8(IV) Develop a policy to allow a driver to opt out of
Page 11, Line 9continuous audio and video recording during a prearranged ride conducted pursuant to section 40-10.1-605 (7.5);
Page 11, Line 10(V) Provide copies of the policies created pursuant to this
Page 11, Line 11subsection (2) to the attorney general and to the commission; and
Page 11, Line 12(VI) Provide copies of the policies created pursuant to this
Page 11, Line 13subsection (2) to every driver who provides services for the transportation network company.
Page 11, Line 14(b) Within ten days after an update to a policy created
Page 11, Line 15pursuant to this subsection (2), a transportation network
Page 11, Line 16company shall provide a copy of the updated policy to the
Page 11, Line 17attorney general, the commission, and every driver who provides services for the transportation network company.
Page 11, Line 18(3) If a transportation network company collects
Page 12, Line 1biometric data or biometric identifiers from a driver or rider,
Page 12, Line 2the transportation network company shall comply with section 6-1-1314.
Page 12, Line 3SECTION 5. In Colorado Revised Statutes, 40-10.1-110, amend (1)(a) as follows:
Page 12, Line 440-10.1-110. Record check - rules. (1) (a) An individual who
Page 12, Line 5wishes to drive: A taxicab for a motor carrier that is the holder of a
Page 12, Line 6certificate to provide taxicab service issued under part 2 of this article
Page 12, Line 710.1; a motor vehicle for a motor carrier that is the holder of a permit to
Page 12, Line 8operate as a charter bus, children's activity bus, luxury limousine, or
Page 12, Line 9off-road scenic charter under part 3 of this article 10.1;
orPage 12, Line 10for a motor carrier that is the holder of a permit to operate as a
Page 12, Line 11large-market taxicab service under part 7 of this article 10.1; or a
Page 12, Line 12personal vehicle to offer services as a transportation network
Page 12, Line 13company driver under part 6 of this article 10.1 must have the
Page 12, Line 14individual's fingerprints taken by a local law enforcement agency or any
Page 12, Line 15third party approved by the Colorado bureau of investigation for the purpose of obtaining a fingerprint-based criminal history record check.
Page 12, Line 16SECTION 6. In Colorado Revised Statutes, 6-1-105, add (1)(iiii) and (1)(jjjj) as follows:
Page 12, Line 176-1-105. Unfair or deceptive trade practices - definitions.
Page 12, Line 18(1) A person engages in a deceptive trade practice when, in the course of the person's business, vocation, or occupation, the person:
Page 12, Line 19(iiii) Violates part 6 of article 10.1 of title 40;
Page 12, Line 20(jjjj) Alters the rating a rider assigned a driver on a
Page 12, Line 21transportation network company's digital network, as those
Page 12, Line 22terms are defined in section 40-10.1-602, or assigns an automatic or default driver rating that the rider did not assign.
Page 13, Line 1SECTION 7. Applicability. This act applies to offenses committed on or after the effective date of this act.
Page 13, Line 2SECTION 8. Safety clause. The general assembly finds,
Page 13, Line 3determines, and declares that this act is necessary for the immediate
Page 13, Line 4preservation of the public peace, health, or safety or for appropriations for
Page 13, Line 5the support and maintenance of the departments of the state and state institutions.