Code of Massachusetts Regulations
220 CMR - DEPARTMENT OF PUBLIC UTILITIES
Title 220 CMR 274.00 - Transportation Network Companies
Section 274.03 - Transportation Network Company Permit Process
Universal Citation: 220 MA Code of Regs 220.274
Current through Register 1531, September 27, 2024
(1) TNC Permit General Requirements.
(a) A TNC shall
maintain a valid Permit in order to provide Services within the
Commonwealth.
(b) A TNC shall, in a
manner that the Division prescribes, apply to the Division for a Permit and
apply annually to renew its Permit. The Division shall not grant or renew a
Permit unless it is consistent with the public interest for the TNC to render
Services within the Commonwealth.
(c) To obtain a Permit, a TNC shall submit
the following to the Division:
1. Written
verification of an established oversight process pursuant to 220 CMR
274.03(2);
2. The proposed
removable decal or trade dress that the TNC will issue to its Drivers pursuant
to
220 CMR
274.08(1);
3. The proposed document or means by which
the TNC will use to obtain a Driver's consent for a background check pursuant
to
220 CMR
274.06(1)(b);
4. Documentation of the multi-state criminal
and motor vehicle driving history database search by which the TNC shall
conduct a nationwide background check pursuant to
220 CMR
274.06(2)(a);
5. Proof of adequate insurance as certified
by the Division of Insurance in accordance with M.G.L. c. 159A1/2 and M.G.L. c.
175, § 228;
6. The proposed
Driver Certificate that the TNC shall issue to its Drivers and make available
within its Digital Network; and
7.
A Permit fee as determined by the Secretary of Administration and Finance
pursuant to M.G.L. c. 159A1/2, § 3(e).
(d) The Division may request additional
information from a TNC to determine whether to issue or renew a
Permit.
(2) TNC Oversight Process. Consistent with the public interest of the Commonwealth, a TNC shall have an oversight process in place to:
(a) Conduct Driver background checks in
accordance with
220 CMR
274.06;
(b) Ensure that Drivers comply with
220 CMR 274.07
and
220 CMR
274.09;
(c) Maintain a 24-hour toll-free customer
service hotline, online webpage, email system, and functionality within its
Digital Network to respond to questions and complaints;
(d) Ensure the security, protection and
privacy of Driver and Rider personal information in accordance with M.G.L. c.
93H,
201 CMR 17.00:
Standards for the Protection of Personal Information of Residents of
the Commonwealth and
220 CMR
274.10;
(e) Ensure that the TNC and its Drivers do
not discriminate against Riders or potential Riders with special needs,
disabilities or visual impairments, which shall include but not be limited to
ensuring that there are no additional charges or increased fares and that
wheelchairs and service animals are accommodated;
(f) Comply with the insurance requirements of
M.G.L. c. 175, § 228 and
220 CMR
274.09;
(g) Ensure that its Drivers' Vehicle(s) are
in compliance with M.G.L. c. 90, § 7A;
(h) Ensure that its Digital Network displays
a clear and conspicuous total cost and price structure of each Ride before the
Ride commences;
(i) Prohibit the
use of excessive minimum or base rates;
(j) Ensure that Drivers maintain a valid
Driver Certificate; and
(k)
Maintain a real-time roster of Drivers who provide Services.
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