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7(5) "Personal vehicle" means a motor vehicle that satisfies all of the following
8conditions:
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(a) A participating driver owns, leases, or is otherwise authorized to use the
10motor vehicle.
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(b) The motor vehicle is not a taxicab, limousine, shuttle, or other for-hire
12vehicle.
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13(6) "Transportation network company" means a business that, for
14compensation, uses a digital network to connect passengers to participating drivers
15for the purpose of providing transportation network services to those passengers.
16"Transportation network company" does not include a taxicab, limousine, shuttle, or
17other for-hire vehicle service.
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18(7) "Transportation network services" means transportation provided to a
19passenger in the participating driver's personal vehicle. A participating driver is
20considered to be engaged in transportation network services beginning when the
21participating driver accepts a passenger's request for transportation received
22through a transportation network company's digital network, continuing while the
23participating driver transports that passenger in the participating driver's personal
24vehicle, and ending when that passenger, or the last person in that passenger's party,
25whichever occurs later, exits the participating driver's personal vehicle.
1"Transportation network services" does not include transportation in a taxicab,
2limousine, shuttle, or other for-hire vehicle.
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3440.41 License required. (1) No person may operate a transportation
4network company in this state unless the transportation network company is a
5licensed company.
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6(2) No person may engage in transportation network services in this state
7unless the person is a participating driver for a licensed company. A licensed
8company is not considered to control, direct, or manage a participating driver or that
9participating driver's personal vehicle used for engaging in transportation network
10services, except as provided in this subchapter or in a written agreement between the
11licensed company and the participating driver.
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12440.415 Licensure of transportation network companies. (1) Initial
13license. The department shall grant a license to operate a transportation network
14company in this state to an applicant for licensure if the department determines that
15all of the following requirements are met:
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(a) The applicant submits an application to the department on a form
17prescribed by the department. The application shall include the applicant's name,
18address, tax identification number, and any other information required by the
19department by rule.
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(b) The applicant is a transportation network company.
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(c) The applicant demonstrates to the satisfaction of the department that it
22satisfies all applicable requirements under ss. 440.42, 440.44, 440.45, and 440.48.
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(d) Notwithstanding s. 440.03 (9) (a), the applicant pays an initial licensure fee
24of $5,000.
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1(2) Renewal. (a) The renewal date for a license granted under sub. (1) is
2specified in s. 440.08 (2) (a) 69m. A renewal application shall be submitted to the
3department on a form prescribed by the department and shall include any
4information required by the department by rule.
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(b) The renewal application for a licensed company shall include a renewal fee
6of $5,000 or the renewal fee determined by the department under s. 440.03 (9) (a),
7if any, whichever is less.
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8440.42 Agent. Each licensed company shall maintain an agent for service of
9process in this state.
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10440.425 Fare disclosures. Each licensed company shall do all of the
11following:
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12(1) Disclose its fare calculation method on its Internet site.
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13(2) Inform each prospective passenger or the prospective passenger's
14authorized representative of all applicable fare rates.
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15(3) Give each prospective passenger or the prospective passenger's authorized
16representative the option to receive an estimated fare before the passenger enters
17a participating driver's personal vehicle for transportation network services.
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18440.43 Identification of participating drivers. Each licensed company
19shall make available to each prospective passenger or the prospective passenger's
20authorized representative, on the licensed company's digital network, a photograph
21of the participating driver and the license plate number of the participating driver's
22personal vehicle before the passenger enters the participating driver's personal
23vehicle for transportation network services.
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24440.435 Electronic receipt. Within a reasonable time after transportation
25network services have been provided, the licensed company facilitating the services
1shall transmit an electronic receipt for the services to the passenger or the
2passenger's authorized representative that contains all of the following:
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3(1) The origin and destination of the trip.
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4(2) The total time and distance of the trip.
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5(3) An itemization of the total fare paid, if any.
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6440.44 Zero tolerance for use of drugs or alcohol. (1) Policy. Each
7licensed company shall develop, implement, and make available on its Internet site
8a policy prohibiting any participating driver from using alcohol, or any other
9intoxicant that may render the participating driver incapable of safely driving, while
10the participating driver is engaged in transportation network services for the
11licensed company or is logged on to the licensed company's digital network.
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12(2) Complaints. (a) Each licensed company shall develop, implement, and
13make available on its Internet site, complaint procedures for reports of suspected
14violations of the policy under sub. (1).
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(b) Upon receipt of a complaint concerning a violation of a licensed company's
16policy under sub. (1), the licensed company shall immediately suspend the
17participating driver and investigate the complaint. The suspension shall continue
18until the complaint is resolved.
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(c) Each licensed company shall maintain all records of each investigation
20under par. (b), including the results of that investigation and any action taken based
21on that investigation, for at least 2 years after the date the complaint was received
22by the licensed company.
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23440.445 Certain requirements for participating drivers and their
24personal vehicles. (1) Application. Before a licensed company allows an
1individual to be a participating driver for the licensed company, the licensed
2company shall do all of the following:
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(a) Require the individual to submit an application to the licensed company
4that includes at least all of the following:
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1. The individual's name, address, and age.
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2. A copy of the individual's driver's license.
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3. The individual's driving history.
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4. Proof of motor vehicle registration for each personal vehicle the individual
9will use to engage in transportation network services through the licensed company.
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5. A copy of the individual's automobile liability insurance policy for each
11personal vehicle the individual will use to provide transportation network services
12through the licensed company.
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(b) Conduct, or have a 3rd party conduct, a local and national criminal
14background check for the individual that includes all of the following:
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1. A multistate and multijurisdictional criminal records locator or other similar
16commercial nationwide database with validation.
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2. A national sex offender registry database.
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(c) Obtain and review a driving history research report for the individual.
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19(2) Who may not be a participating driver. (a) A licensed company may not
20allow any of the following individuals to be a participating driver for the licensed
21company:
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1. An individual who has had more than 3 moving violations, as defined in s.
23343.01 (2) (cg), in the past 3 years, or one major violation in the past 3 years, including
24fleeing or attempting to elude an officer under s. 346.04 (3), reckless driving under
25s. 346.62, or driving with a suspended or revoked license under s. 343.44 (1) (a) or (b).
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12. An individual who has been convicted in the last 7 years of driving under the
2influence of an intoxicant or other drug in violation of s. 346.63, of a sex offense, as
3defined in s. 301.45 (1d) (b), or of any crime involving fraud, theft, damage to
4property, violence, acts of terror, or the use of a motor vehicle in the commission of
5a felony.
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3. An individual whose information is contained in the sex offender registry
7under s. 301.45 or on the National Sex Offender Public Website.
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4. An individual who does not possess a valid driver's license.
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5. An individual who does not possess proof of motor vehicle registration for
10each personal vehicle the individual intends to use to engage in transportation
11network services.
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6. An individual who does not possess proof of automobile liability insurance
13for each personal vehicle the individual intends to use to engage in transportation
14network services.
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7. An individual who is not at least 19 years of age.
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(b) A participating driver who is convicted of any moving violation or of any
17felony or misdemeanor anywhere shall immediately notify the licensed company for
18which the participating driver engages in transportation network services of the
19conviction.
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20(3) Vehicle safety and emissions. Each licensed company shall ensure that
21each motor vehicle a participating driver uses to provide transportation network
22services for the licensed company is a personal vehicle that satisfies all state vehicle
23safety and emissions standards for private motor vehicles.
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1(4) No street hails. A participating driver may not solicit or accept street hails
2or otherwise provide rides for compensation that are not prearranged through a
3transportation network company on the company's digital network.
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4(5) No cash trips. (a) A participating driver may not solicit or accept any cash
5payment to engage in transportation network services.
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(b) All passenger payments for transportation network services shall be made
7electronically using the transportation network company's digital network.
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8440.45 Nondiscrimination; accessibility. (1) Nondiscrimination policy.
9Each licensed company shall adopt a policy of nondiscrimination on the basis of
10destination, race, color, national origin, religious belief or affiliation, sex, disability,
11age, sexual orientation, or gender identity with respect to passengers and
12prospective passengers and notify all of its participating drivers of the
13nondiscrimination policy.
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14(2) A participating driver may not discriminate against any passenger or
15prospective passenger on the basis of destination, race, color, national origin,
16religious belief or affiliation, sex, disability, age, sexual orientation, or gender
17identity.
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18(3) Each participating driver shall permit service animals to accompany
19passengers in connection with transportation network services.
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20(4) A licensed company may not impose additional charges for providing
21transportation network services to persons with disabilities because of those
22disabilities.
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23(5) Each licensed company shall provide each prospective passenger an
24opportunity to indicate whether the passenger requires a wheelchair-accessible
25vehicle. If a licensed company cannot arrange wheelchair-accessible transportation
1network services for a prospective passenger who requires wheelchair-accessible
2services, the licensed company shall refer the prospective passenger to an alternate
3provider of wheelchair-accessible transportation, if available.
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4440.455 Records. Each licensed company shall do all of the following:
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5(1) Maintain passenger trip records for at least one year from the date of each
6trip.
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7(2) Maintain all records concerning each participating driver for at least one
8year after the date on which the participating driver ceases to engage in
9transportation network services for the licensed company.
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10440.46 Personally identifiable information. A licensed company may not
11disclose a passenger's or prospective passenger's personally identifiable information
12to any other person, unless any of the following is true:
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13(1) The passenger or prospective passenger consents to the disclosure.
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14(2) The disclosure is required by law.
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15(3) The disclosure is necessary to protect or defend the terms of use of the
16licensed company's transportation network services or to investigate a violation of
17those terms.
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18(4) The disclosure is to the participating driver, is limited to the passenger's
19name and telephone number, and is for the sole purpose of facilitating the
20participating driver's transportation network services for that passenger.
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21440.465 Limitations on local and other regulation. (1) Section 349.24
22does not apply to a transportation network company or to a participating driver
23engaged in transportation network services or the participating driver's personal
24vehicle used for those services. No city, village, town, or county may enact or enforce
25an ordinance or adopt or enforce a resolution that regulates a transportation network
1company or its participating drivers and their personal vehicles in connection with
2transportation network services.
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3(2) The requirements under chs. 340 to 349 applicable specifically to
4commercial vehicles or for-hire vehicles do not apply to personal vehicles used by
5participating drivers engaged in transportation network services.
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6(3) The requirements under ss. 342.06 (1) (h) and (3), 342.10 (3) (a), and 342.33
7do not apply to personal vehicles used by participating drivers engaged in
8transportation network services.
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9440.48 Insurance. (1)
Driver requirements. (a) A participating driver, or
10a transportation network company on the driver's behalf, shall maintain primary
11automobile insurance that does all of the following:
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1. Recognizes that the driver is a participating driver, or otherwise uses a motor
13vehicle to transport passengers for compensation.
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2. Covers the participating driver at any of the following times:
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a. While the driver is logged on to the transportation network company's digital
16network.
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b. While the driver is engaged in transportation network services.
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(b) The following automobile insurance requirements apply while a
19participating driver is logged on to the transportation network company's digital
20network and is available to receive transportation requests but is not engaged in
21transportation network services:
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1. The insurance is primary automobile liability insurance in the amount of at
23least $50,000 for death and bodily injury per person, $100,000 for death and bodily
24injury per incident, and $25,000 for property damage.
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12. The insurance provides primary uninsured motorist coverage in accordance
2with the requirements under s. 632.32 (4) (a) 1.
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3. The coverage requirements under this paragraph may be satisfied by any of
4the following:
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a. Automobile insurance maintained by the participating driver.
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b. Automobile insurance maintained by the transportation network company.
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c. Any combination of insurance specified in subd. 3. a. and b.
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(c) The following automobile insurance requirements apply while a
9participating driver is engaged in transportation network services:
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1. The insurance is primary automobile liability insurance in the amount of at
11least $1,000,000 for death, bodily injury, and property damage.
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2. The insurance provides primary uninsured motorist coverage in accordance
13with the requirements under s. 632.32 (4) (a) 1.
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3. The coverage requirements under this paragraph may be satisfied by any of
15the following:
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a. Automobile insurance maintained by the participating driver.
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b. Automobile insurance maintained by the transportation network company.
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c. Any combination of insurance specified in subd. 3. a. and b.
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(d) If insurance maintained by the participating driver under par. (b) or (c) has
20lapsed or does not provide the required coverage, insurance maintained by a
21transportation network company shall provide the coverage required under this
22subsection beginning with the first dollar of a claim and have the duty to defend the
23claim.
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(e) Coverage under an automobile insurance policy maintained by the
25transportation network company shall not be dependent on a personal automobile
1insurer first denying a claim nor shall a personal automobile insurance policy be
2required to first deny a claim.