The Internet rental car (hereinafter referred to as "net car") has become popular all over the world, but at the same time it subverts the tradition, it also causes a huge legal dispute.


In the U.S., private car access to UberX , Lyft , SideCar and other network platforms can provide network car service. In order to circumvent the existing taxis and about car control, network access platform of private cars has been the name of carpooling (ridesharing) banner. However, it can't be denied that private car owners have the purpose of getting paid when they serve. In fact, they also provide transport services according to the wishes of the passengers. These characteristics do not conform to the meaning of traditional carpooling or free-riding. Therefore, in many parts of the United States, law enforcement agencies initially investigated and handled such services for private cars as illegal business activities.


The regulatory and legislative bodies in many parts of the United States are discussing how to define the legal status of the Internet and how to incorporate it into the supervision, so as to improve the safety of the public about using the Internet. The earliest recognition of the legal nature of the Internet is the birthplace of Uber and other companies in California. In September 2013 , the state traffic regulatory agency established regulatory guidelines for Internet platforms. The first countries to recognize the legitimacy of the network about cars by state legislation, Colorado (June 2014). Subsequently, the legislature of the Washington District of Columbia’s legislature passed the legislation in November 2014 , which also enabled the legalization of online dating.


At the same time, the legislative process in some parts of the country was delayed in 2014 (such as Illinois and Oklahoma), and there are still some state legislation that face enormous resistance and failure to pass (eg, Georgia, Maryland). Resistance mainly comes from existing taxis and high-end car rental operators. They believe that it is unsafe for private cars to provide transportation services; the regulation of online dating vehicles by the legislation is too loose, and unfair competition is imposed on traditional taxis and about rental cars. In other places, the authorities imposed temporary controls on the number of cars on the Internet. For example, in March 2014 , the city ​​of Seattle established a trial rule that will limit the number of vehicles that provide online dating services to 150 vehicles at the same time .


In recent years, China's emerging network of vehicles ("car", "express", etc.) are also faced with how to monitor, how to adjust its relationship with traditional taxis and other sharp issues. The experience of the United States is worthy of serious study. This article describes the regulatory standards established in California, Colorado, and the District of Columbia, and summarizes the common features of the three regulatory frameworks in order to provide a reference for the management of Chinese vehicles.


I. California


September 19, 2013, California Public Utilities Commission (California PublicUtilities Commission, CPUC) decision to recognize the legitimacy of the network about car service, and develop the appropriate regulatory norms. So far, the committee has announced a number of regulatory measures, the National Assembly of California has also amended the relevant legal provisions. California’s supervision of online dating vehicles mainly includes the following:


1 , the network about the car is defined a new type of car rental


According to the existing laws of California, except taxi (taxicab), but also the other two licenses to provide passenger services business. One is the Passenger-stage company (PSC) and the other is the Charter-party carrier (TCP) . PSC cars usually have fixed lines and shifts for multiple riders . The shuttle bus is typically transported at the airport . TCP provides scheduled passenger services, which include mileage and / or time billing, including sightseeing cars and vehicles for government agencies, companies, and schools.


The Public Utilities Commission believes that the delivery of online travel vehicles is not a traditional non-profit ride. Because the network about the car has the purpose of direct or indirect remuneration. Network about car reservation is provided, peer passenger services, similar to TCP service, and Uber, Lyfthe and Sidecar companies actually have a traditional schedule about car rental agency (dispatch office) the same function. The Public Utilities Commission created a new concept, referring to Uber et al.’s internet carting platforms as the Transportation Network Company ( TNC ). It is defined as a corporation, partnership, individual, or other form of business organization that connects passengers and private owners through the use of an Internet application or platform in California to provide transportation services.


The main difference between the TNC and the original TCP is that the vehicle that accesses the TNC to provide transportation services is a private car, not a dedicated commercial vehicle (a high-end lease-rent commercial vehicle is a dedicated operating vehicle). Another difference is that the TNC must not own its own vehicle; they can only be a network platform that provides information services. Therefore, high-end rental commercial vehicle companies do not belong to the TNC .


However, the appointment of the online tour car is an appointment delivery service, so the TNC still belongs to the charter party passenger carriers . Therefore, according to California law, Public Utilities Commission is empowered to protect public safety, to regulate TNC formulate regulatory norms.


2. Supervision requirements for TNCs , vehicles, drivers, etc.


Transport Networks (TNC) to carry out the business, the state Public Utilities Commission are required to apply for permission under the P class TCP entry. The TNC does not have to apply for a public road transport permit like a taxi company. The owner of a private car accessing the TNC does not need to apply for any administrative license.


To protect the safety of passengers and the public, the Public Utilities Commission asked the TNC to impose strict safety checks on the private cars and their drivers that access the platforms, and to request liability insurance for vehicles and drivers.


First, the driver's requirements and the verification obligations of the TNC


Traffic Network Company ( TNC ) must conduct criminal background checks on drivers before allowing private car owners to access the platform. This verification must be based on a nationwide database (including a nationwide record of sexual assault behavior) and a driver’s social security number rather than name. Any person who has had the following circumstances within the past 7 years may not become a driver of the TNC : he is convicted of a felon for committing traffic accidents, fraud, driving crimes, violence or committing terrorist acts as a result of taking drugs or drinking alcohol, and sexual assault; There are crimes and / or thefts that damage the property of others .


The regulation also requires the TNC to access a driver's driving information query system managed by a state government authority to verify the driver's driving records in the platform to ensure that the driver has a good driving experience and that there have been no serious traffic violations in the past three years.


The TNC shall, in accordance with regulatory requirements, establish regulations and enforcement measures prohibiting drivers from taking drunk substances such as drugs. Including on its website, application procedures, etc. to affirm the anti-drug and alcohol prohibition rules, and inform passengers how to report to the TNC if the driver is suspected of taking drugs or drunkenness ; after receiving a passenger complaint, the TNC shall immediately terminate the driver’s service and investigate.


The TNC should develop a driver training plan to ensure that all drivers have the necessary safe driving skills and sufficient safety awareness before starting service.


The TNC driver must be at least 21 years old, hold a valid California driver's license, and have a driving experience of at least 1 year before starting the online tour service.


Second, the requirements for vehicles and the verification obligations of the TNC


Public Utilities Commission requested TNC or obtain third party certification authority to implement and ensure that private vehicle access platform before providing services, must include a comprehensive safety inspection of vehicle components 19 (19-point vehicle inspection) in accordance with the regulations. After that, the TNC is obliged to ensure that the vehicle conducts such inspections every year and retains the inspection records for review.


The committee also limited the models for private cars that have access to the TNC . Heavy-duty vehicles are prohibited for TNC operations.


Third, insurance requirements for vehicles and drivers and obligations of the TNC


The Public Utilities Commission asked the TNC to ensure that each vehicle that accesses its platform will be entitled to commercial liability insurance in an amount not less than US$ 1 million per vehicle and driver-related accident when providing services . This insurance requirement should be publicized on the TNC 's mobile app and website.


In September 2014 , the Public Utilities Commission 's regulatory requirements divided online car service into three periods, each setting insurance requirements for each period. “Period 1 ” is the period during which the driver opens the App waiting for an order; “Period 2 ” refers to the period after the driver receives the order and before the passenger gets into the vehicle (eg, the process of the driver picking up the passenger before driving); “Period 3 ” refers to the passenger After getting on the bus and getting off the bus. This means that as long as the driver opens the App about the platform , his driving and delivery services are covered by liability insurance.


July 1, 2015 came into force the new law on the National Assembly of State TNC insurance requirements. The insurance requirements of the above three periods are linked together to form a relatively comprehensive insurance coverage chain.


Fourth, other protection for passengers


Transport Networks (TNC) should be clearly informed or disclosed to the driver and passenger, platform-based TNC reservation service delivery is done by private car. The TNC ’s mobile app should show passengers photos of drivers and their vehicles (including license plate numbers) arriving at the time of booking.


Vehicles accessing the TNC are only allowed to make reservations and are not allowed to circulate along the road. The TNC vehicle cannot carry more than 7 passengers at a time .

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