Nevada regulates ride-hailing driver suspensions, mandates earnings disclosures, and imposes a $1 excise tax per trip for public transit

Existing law provides for the regulation of transportation network companies by the Nevada Transportation Authority. (Chapter 706A of NRS) Existing law authorizes a transportation network company to enter into an agreement with one or more drivers, or monitored autonomous vehicle providers, to receive connections to potential passengers from the company in exchange for the payment of a fee by the driver or monitored autonomous vehicle provider to the company. (NRS 706A.160, 706A.161) Section 13 of this bill requires a transportation network company to adopt a written policy relating to the suspension and deactivation of drivers and monitored autonomous vehicle providers. Section 13 requires the policy to specifically list the conduct for which the transportation network company may suspend a driver or monitored autonomous vehicle provider. Section 13 prohibits a transportation network company from suspending or deactivating a driver or monitored autonomous vehicle provider in a manner that is inconsistent with the written policy. If a transportation network company suspends or deactivates a driver or monitored autonomous vehicle provider, section 14 of this bill requires the company to transmit a notice containing certain information to the driver or monitored autonomous vehicle provider who was suspended or deactivated. Section 15 of this bill requires a transportation network company to establish an internal process through which a driver or monitored autonomous vehicle provider who has been deactivated may request that the company reconsider the deactivation. Section 15 establishes certain requirements for the process required of a transportation network company after receiving a request for reconsideration of a deactivation, including a requirement that the company process a request for reconsideration within a certain amount of time. If a transportation network company reverses or lifts a deactivation of a driver or monitored autonomous vehicle provider through this process, section 15 requires the company to fully restore the account of the driver or monitored autonomous vehicle provider on the platform used by the company within 24 hours after notifying the driver or monitored autonomous vehicle provider. Section 16 of this bill prohibits a transportation network company from including certain terms relating to dispute resolution in an agreement between the company and a driver or monitored autonomous vehicle provider. Section 18 of this bill prohibits a transportation network company from suspending, deactivating or retaliating against a driver or monitored autonomous vehicle provider for lawfully accepting or rejecting a task offered by the company to the driver or monitored autonomous vehicle provider. Existing law requires a transportation network company to provide a receipt to a passenger documenting certain information relating to the price charged to the passenger by the company for the provision of transportation services. (NRS 706A.210) Section 17 of this bill requires a transportation network company to disclose to a driver or monitored autonomous vehicle provider within the digital application or software application service of the company certain information relating to a task offered by the company to the driver or monitored autonomous vehicle provider, including: (1) the amount that the company will pay the driver or monitored autonomous vehicle provider for the task; (2) any amount of tip that a passenger has indicated will be paid to the driver or monitored autonomous vehicle provider; and (3) certain information regarding the direction, time and distance that the driver or monitored autonomous vehicle provider will be required to drive in order to complete the task. Section 17 also requires a transportation network company to disclose a summary of certain information relating to the tasks that the driver or monitored autonomous vehicle provider has completed for the company within the last month, or if the company voluntarily reports such information more frequently, tasks completed since the company last disclosed such information to the driver or monitored autonomous vehicle provider. Section 27 of this bill requires a transportation network company to disclose to a passenger to whom a driver or monitored autonomous vehicle provider has been connected through the digital application or software application service of the company, before the passenger is offered an option in the application or service to tip the driver or monitored autonomous vehicle provider: (1) the fare that the passenger has paid or will pay for the trip; and (2) the amount of money that the company will pay the driver or monitored autonomous vehicle provider for completing the trip. Section 27 requires a transportation network company to prominently present this disclosure to the passenger in a certain manner. Section 19 of this bill authorizes certain organizations whose primary purpose is educating and providing certain support and services to drivers and monitored autonomous vehicle providers in this State to apply to be certified by the Authority as the certified driver support organization for this State. Section 19 authorizes an organization to be certified as the certified driver support organization for a term of 3 years, and to be re-certified for additional terms by following the same procedures for an original certification. Section 20 of this bill requires certain information regarding the certified driver support organization to be transmitted to transportation network companies, drivers and monitored autonomous vehicle providers under certain circumstances. Section 22 of this bill establishes the duties of the certified driver support organization, which include: (1) representing drivers and monitored autonomous vehicle providers through processes offered to a driver or monitored autonomous vehicle provider by a transportation network company for handling disputes between the driver or monitored autonomous vehicle provider and company, including a dispute over a suspension or deactivation; (2) providing support and additional resources for drivers and monitored autonomous vehicle providers who may pursue dispute resolution through other means; and (3) providing other education, services and support to drivers and monitored autonomous vehicle providers in this State. Section 21 of this bill requires the certified driver support organization to propose a budget for approval by the Authority. Section 21 requires that the budget not exceed a certain amount, based on the total number of transportation tasks undertaken in this State by all transportation network companies in the immediately preceding year. Section 21 prohibits the certified driver support organization from using funds from the budget for any purpose not described in section 22. To fund the budget, section 21 requires each transportation network company holding a permit issued by the Authority to remit, on a quarterly basis, a share of the amount of budget of the organization approved by the Authority that is proportional to the number of transportation tasks undertaken by the transportation network company in this State during the immediately preceding year. Additionally, section 23 of this bill requires a transportation network company to establish means by which a driver may request a portion of his or her earnings be deducted by the company for credit to the certified driver support organization. Section 21 requires the certified driver support organization to biannually submit certain materials to the Authority to evidence compliance with the requirements of sections 21 and 22. Section 21 authorizes the Authority to revoke the certification of the organization if the organization has spent funds for unauthorized purposes or if the organization no longer qualifies for certification. Section 24 of this bill authorizes a driver, monitored autonomous vehicle provider or passenger who is injured by a violation of sections 2-25 of this bill or certain provisions governing information which must be provided to a passenger to bring a civil action against the transportation network company who is alleged to have committed the violation to obtain certain relief. Section 24 also authorizes the Authority to impose an administrative fine on a transportation network company who is determined to have committed such a violation in an amount based on the number of drivers or passengers affected by the violation. Section 25 of this bill requires each transportation network company that holds a permit issued by the Authority to biannually submit certain reports to the Authority. Existing law imposes an excise tax on the use of a digital network or software application service of a transportation network company to connect a passenger to a driver for the purpose of providing transportation services at the rate of 3 percent of the total fare charged for the transportation services. (NRS 372B.140) Existing law also imposes an excise tax on the use of a dispatch center, software application or other digital means by an autonomous vehicle network company to connect a passenger to a fully autonomous vehicle for the purpose of providing transportation services at the rate of 3 percent of the total fare charged for the transportation services. (NRS 372B.145) Sections 29 and 30 of this bill impose an additional tax on such activities by a transportation network company or autonomous vehicle network company, respectively, at the rate of $1 for each transportation task, which is defined as a specific trip during which transportation services are provided after a connection to a passenger is made through such a digital network, software application, dispatch center or other digital means, as applicable. Sections 29 and 30 require the proceeds of this tax to be used: (1) to reimburse the State for the cost of collecting the tax; and (2) by a regional transportation commission or county to pay the cost of establishing, operating or maintaining a public transit system. Section 26 of this bill provides that the excise tax imposed by section 29 applies to transportation tasks undertaken by a limousine driver pursuant to a contract with a transportation network company.

Ride-hailing drivers and autonomous vehicle providers gain formal dispute rights, mandatory pre-trip pay disclosures, and representation through a certified support organization, while transportation companies face new administrative burdens, restrictions on out-of-state arbitration, and a $1 per-trip tax that supports local public transit.

• ›Transportation network companies in Nevada are regulated by the Nevada Transportation Authority under Chapter 706A of the Nevada Revised Statutes. context
• ›Existing state law imposes a 3 percent excise tax on digital network connections for transportation services under NRS 372B.140. context