Courier Application Services Act

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Model Bill Info
Bill Title Courier Application Services Act
Date Introduced July 29, 2022
Type Model Policy
Status Draft
Task Forces Commerce, Insurance and Economic Development

Courier Application Services Act

BE IT ENACTED BY THE PEOPLE OF THE STATE OF ______ (State Name):

SECTION 1. NEW LAW A new section of law to be codified in the ______ Statutes as Section ______ of Title ______, unless there is created a duplication in numbering, reads as follows:

This act shall be known and may be cited as the “Courier Application Services Act”.

SECTION 2. NEW LAW A new section of law to be codified in the ______ Statutes as Section ______ of Title ______, unless there is created a duplication in numbering, reads as follows:

As used in the Courier Application Services Act:

(1) “Digital network” means any online-enabled application, software, website or system offered or utilized by a courier application service (CAS) that enables the prearrangement of courier services with CAS drivers.

(2) “Personal vehicle” means a vehicle that is used by a CAS driver in connection with providing courier services and is:

(a) Owned, leased or otherwise authorized for use by the CAS driver; and

(b) Has an actual weight of less than eight thousand (8,000) pounds; and

(c) Has no more than two axles or axle combination.

(3) “Courier application services (CAS)” means a business entity operating in [STATE NAME] that uses a digital network to connect business entities including itself, its affiliates or people to CAS drivers for the purpose of providing courier services on an on-demand basis. Courier services are provided on an on-demand basis if the CAS drivers are free to accept or reject courier requests and the CAS does not require the CAS driver to accept any specific delivery request as a condition of maintaining access to the CAS digital network. A CAS does not provide other for-hire motor carrier services. A CAS shall not be deemed to control, direct or manage the personal vehicles or participating drivers that connect to its digital network, except where agreed to by written contract.

(4) “Courier application service driver (CAS driver)” means an individual who uses a personal vehicle to provide courier services for business or people upon connection through a digital network controlled by a CAS in return for compensation or payment of a fee.

(5) “Courier service” means the for-hire transportation of property in a personal vehicle, with each individual piece of property weighing less than one hundred (100) pounds, beginning either when:

(a) A CAS driver accepts a courier request through a digital network controlled by a CAS; or

(b) If a CAS driver accepts such courier request for delivery during a fixed block of time, when the CAS driver picks up the property for delivery.

The courier service continues while the CAS driver is actively transporting the requested property to the recipient and ends when the property has been delivered. A courier service does not include shared expense or transporting property not for profit, or other for-hire motor carrier operations authorized by the laws of this state.

SECTION 3. NEW LAW A new section of law to be codified in the ______ (State Name) Statutes as Section ______ of Title ______, unless there is created a duplication in numbering, reads as follows:

Courier application service companies or courier application service drivers shall not be considered motor carriers of property, nor shall CAS or CAS drivers be considered for-hire motor carrier, as defined in Section ______ of Title ______ of the ______ (State Name) Statutes.

SECTION 4. NEW LAW A new section of law to be codified in the ______ (State Name) Statutes as Section ______ of Title ______, unless there is created a duplication in numbering, reads as follows:

Courier application service companies shall implement a zero-tolerance policy against CAS drivers operating under the influence of drugs or alcohol while providing courier services and shall provide notice of this policy on its digital network. Upon receipt of a credible complaint alleging a violation of the zero-tolerance policy, the CAS shall suspend the CAS driver’s access to the CAS’s digital network and shall conduct an investigation into the reported incident. The suspension shall last the duration of the investigation.

SECTION 5. NEW LAW A new section of law to be codified in the ______ (State Name) Statutes as Section ______ of Title ______, unless there is created a duplication in numbering, reads as follows:

(1) Prior to permitting an individual to act as a courier application service driver on its digital network, the courier application service shall require the individual to submit to the CAS information regarding his or her address, age, driver license and other information required by the CAS.

(2) A CAS shall not knowingly permit an individual to act as a CAS driver on its digital network who:

(a) Does not possess a valid driver license;

(b) Does not possess current proof of motor vehicle registration for the motor vehicles used to provide courier services; and

(c) Is not at least eighteen (18) years of age.

(3) Every CAS operating in this state shall implement a procedure for periodic information updates to ensure continued compliance by each driver with the requirements of this section.

SECTION 6. NEW LAW A new section of law to be codified in the ______ (State Name) Statutes as Section ______ of Title ______, unless there is created a duplication in numbering, reads as follows:

Every courier application service shall require that any motor vehicles that a CAS driver will use to provide courier services meets the equipment standards required of private motor vehicles under Section ______ et seq. of Title ______ of the ______ (State Name) Statutes.

SECTION 7. This act shall become effective ______ (date).