March 5, 2015, Introduced by Senators ZORN and JONES and referred to the Committee on Regulatory Reform.
A bill to amend 1990 PA 271, entitled
"Limousine transportation act,"
by amending the title and sections 3, 5, 7, 9, 11, 13, 19, 21, 23,
25, 27, 29, 31, 33, 35, and 37 (MCL 257.1903, 257.1905, 257.1907,
257.1909, 257.1911, 257.1913, 257.1919, 257.1921, 257.1923,
257.1925, 257.1927, 257.1929, 257.1931, 257.1933, 257.1935, and
257.1937), section 7 as amended by 2000 PA 487, by designating
sections 3 to 39 as article 1, and by adding article 2.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to regulate persons who transport passengers by
limousine and transportation network companies; to prescribe powers
and duties for the state transportation department and certain
local units of government; to impose certain fees; and to prescribe
remedies and penalties.
ARTICLE 1. LIMOUSINES
Sec.
3. As used in this act:article:
(a) "Certificate of authority" means a certificate of
authority
issued under the terms of this act article unless the
context indicates otherwise.
(b) "Department" means the state transportation department.
(c) "For hire" means the remuneration or reward of any kind,
paid or promised, either directly or indirectly.
(d) "Lessor" means a person who leases a limousine to any
other person for the transportation of passengers for hire over the
public highways of this state.
(e) "Limousine" means a self-propelled motor vehicle used in
the carrying of passengers and the baggage of the passengers for
hire upon a public highway of this state with a seating capacity of
15 passengers or less, including the driver. Limousine does not
include a self-propelled motor vehicle having a seating capacity of
15 passengers or less that is used by or on behalf of an employer
to transport its employees to and from their place of employment.
(f) "Limo carrier of passengers" means a person who, either
directly or through any device or arrangement, holds himself or
herself out to the public as willing to undertake for hire to
transport by limousine from place to place over the public highways
of this state persons who may choose to employ him or her for that
purpose.
(g)
"Motor vehicle service and repair act" means Act No. 300
of
the Public Acts of 1974, being sections 257.1301 to 257.1340 of
the
Michigan Compiled Laws.1974
PA 300, MCL 257.1301 to 257.1340.
(h) "Person" means an individual, sole proprietorship,
partnership, association, corporation, or other legal entity or the
lessee, trustee, or receiver of any of these entities; this state;
a city, village, township, or county; the federal government; or an
employee, officer, or agent of any of these units of government.
(i) "Public highway" means a highway, road, street, avenue,
alley, or thoroughfare of any kind, or a bridge, tunnel, or subway
used by the public.
(j)
"The public" means that the part or portion of the
general
public
which the that a limo carrier of passengers is ready,
able,
willing, and equipped to serve.
(k) "Through any device or arrangement" means any and all
methods, means, agreements, circumstances, operations, or
subterfuges under which a person undertakes for hire to conduct,
direct, control, or otherwise perform the transportation of
passengers by limousine upon the public highways of this state.
Sec.
5. (1) This act shall article
does not apply to a limo
carrier of passengers that is any of the following:
(a) A county, city, township, or village as provided by law,
or
other authority incorporated under Act No. 55 of the Public Acts
of
1963, being sections 124.351 to 124.359 of the Michigan Compiled
Laws.1963 PA 55, MCL 124.351 to 124.359.
(b) An authority incorporated under the metropolitan
transportation
authorities act of 1967, Act No. 204 of the Public
Acts
of 1967, being sections 124.401 to 124.426 of the Michigan
Compiled
Laws, 1967 PA 204, MCL
124.401 to 124.426, or that
operates
a transportation service pursuant to under an interlocal
agreement
under the urban cooperation act of 1967, Act No. 7 of the
Public
Acts of the Extra Session of 1967, being sections 124.501 to
124.512
of the Michigan Compiled Laws.1967
(Ex Sess) PA 7, MCL
124.501 to 124.512.
(c)
Operating under a contract entered into pursuant to Act
No.
8 of the Public Acts of the Extra Session of 1967, being
sections
124.531 to 124.536 of the Michigan Compiled Laws, or Act
No.
35 of the Public Acts of 1951, being sections 124.1 to 124.13
of
the Michigan Compiled Laws.under
1967 (Ex Sess) PA 8, MCL
124.531 to 124.536, or 1951 PA 35, MCL 124.1 to 124.13.
(d) An authority incorporated under the public transportation
authority
act, Act No. 196 of the Public Acts of 1986, being
sections
124.451 to 124.479 of the Michigan Compiled Laws, 1986 PA
196, MCL 124.451 to 124.479, or a nonprofit corporation organized
under
the nonprofit corporation act, Act No. 162 of the Public Acts
of
1982, being sections 450.2101 to 450.3192 of the Michigan
Compiled
Laws, 1982 PA 162, MCL
450.2101 to 450.3192, that provides
transportation services.
(e) An authority financing public improvements to
transportation
systems under the revenue bond act of 1933, Act No.
94
of the Public Acts of 1933, being sections 141.101 to 141.140 of
the
Michigan Compiled Laws.1933
PA 94, MCL 141.101 to 141.140.
(f) Only operating limousines to provide the transportation of
passengers for funerals.
(g) Only operating wholly within the boundaries of a local
unit of government if the local unit of government has its own
safety inspection and insurance requirements.
(2) A limo carrier of passengers exempt under subsection (1)
shall
operate under the requirements of this act article when
operating outside of the political subdivisions permitted by the
authorizing statute or the contract required by the authorizing
statute.
(3)
This act shall article
does not apply to a limo carrier of
passengers who is only providing transportation using metered
vehicles identified as a taxi or taxicab with a maximum seating
capacity of 3 to 9 passengers or less, including the driver.
Sec. 7. (1) A limo carrier of passengers shall not operate a
limousine for the transportation of persons for hire on a public
highway
in this state except in accordance with this act. article.
A limo carrier of passengers that operates class B limousines for
the purpose of picking up passengers within a city with a
population of 750,000 or more shall also comply with the vehicle
for hire ordinance of that city with respect to those limousines.
However, a limo carrier of passengers may remain in the city during
a given trip for the sole purpose of picking up the same passengers
that the limo carrier of passengers originally brought into the
city on that trip. A limo carrier of passengers shall not operate
upon a public highway without first having obtained from the
department a certificate of authority. A certificate of authority
may be obtained for operation of either class A limousines or class
B limousines or both.
(2)
The amendatory act that added this subsection takes effect
30
days after a city with a population of 750,000 or more makes
available
bonds for class B limousines. The total number of class B
limousine
bonds shall be determined by the city. However, for the
first
90 days the number of bonds to be made available for class B
limousines
shall not be less than 100 or more than 200.
(2) (3)
As used in this section:
(a) "Class A limousine" means a limousine with a seating
capacity of not less than 7 passengers but not more than 15
passengers including the driver.
(b) "Class B limousine" means a limousine with a seating
capacity of less than 7 passengers including the driver.
Sec. 9. A lessor shall be required to inform any person
leasing
any a limousine for the transportation of passengers for
hire
of the requirements of this act article
on a motor vehicle
lease agreement.
Sec. 11. The department shall issue without a hearing a
certificate of authority to a limo carrier of passengers
authorizing that carrier to provide transportation services subject
to
the jurisdiction of the department under this act, article, if
the
department finds pursuant to under
section 13(1) that the
carrier is fit, willing, and able to provide the transportation
service authorized by the certificate of authority and to comply
with
this act article and if the applicant presents evidence of the
acquisition of personal injury protection and property damage
liability
insurance as required by section 13(2). The department
may attach to the exercise of the privilege granted by a
certificate of authority terms or conditions as the department
considers appropriate.
Sec. 13. (1) In determining the fitness, willingness, and
ability of an applicant for a certificate of authority to provide
transportation service, the department shall consider all of the
following before the issuance of the original certificate of
authority:
(a) The applicant's safety record.
(b) The character and condition of each limousine is such that
it may be operated safely upon the public highways based on an
inspection
required pursuant to under
section 19 and conducted by a
mechanic certified under the motor vehicle service and repair act
at a motor vehicle repair facility registered under the motor
vehicle service and repair act that is designated by the department
as an inspection station or by a county, city, village, or township
pursuant
to under section 14. Any A limousine
that does not pass
the required departmental safety inspection shall not be operated
over the public highways of this state.
(c) The applicant's financial ability to provide continuous
insurance coverage as required by subsection (2) and to have
adequate financial resources in order to pay for damage claims
against the applicant.
(2) An applicant shall acquire the following insurance
coverage of liability for acts or omissions of the applicant as a
limo carrier of passengers:
(a) For limousines with a seating capacity of 1 to 9
passengers including the driver, bodily injury and property damage
liability insurance with a minimum combined single limit of
$1,000,000.00 for all persons injured or for property damage.
(b) For limousines with a seating capacity of 10 to 15
passengers including the driver, bodily injury and property damage
liability insurance with a minimum combined single limit of
$2,000,000.00 for all persons injured or for property damage.
(c) Personal protection insurance and property protection
insurance as required by sections 3101 to 3179 of the insurance
code
of 1956, Act No. 218 of the Public Acts of 1956, being
sections
500.3101 to 500.3179 of the Michigan Compiled Laws. 1956
PA 218, MCL 500.3101 to 500.3179. A limo carrier of passengers
shall maintain the insurance described in this subsection as a
condition of maintaining a certificate of authority issued under
this
act.article.
(3) An applicant that does not satisfy both subsections (1)
and (2) shall not be issued a certificate of authority to provide
transportation service as a limo carrier of passengers under this
act.article.
Sec. 19. (1) Each limo carrier of passengers who holds a
certificate
of authority issued under this act article shall have
each limousine inspected annually by a mechanic certified under the
motor vehicle service and repair act at a motor vehicle repair
facility registered under the motor vehicle service and repair act
that is designated by the department as an inspection station.
(2) Each limousine operated by the limo carrier of passengers
under its certificate of authority shall pass the safety inspection
which meets the department's specifications for safe operating
character and condition for the renewal of certificate.
(3) A limousine that does not pass a required inspection shall
not be operated over the public highways of this state.
Sec. 21. (1) Each limo carrier of passengers who holds a
certificate
of authority issued under this act article shall pay to
the department an annual renewal fee equal to $50.00 times the
number of limousines used exclusively by the carrier to provide
transportation of passengers for hire and meeting annual renewal
inspection requirements of section 19. An annual renewal fee of
$500.00 shall be paid for any limousine not meeting the annual
renewal inspection requirement of section 19.
(2) For newly acquired limousines purchased by a limo carrier
of passengers who holds a certificate of authority issued under
this
act article to provide transportation for hire, the carrier
shall pay to the department a maximum $50.00 fee per limousine to
obtain a current year certification after inspection required
pursuant
to under section 19.
(3) All certificates granted by the department terminate on
the last day of February of each year unless renewed on or before
that date with payment of the appropriate fee prescribed by this
section. The certificate of any limo carrier of passengers who is
delinquent in payment of fees required to be paid by this section
is canceled and revoked on or after March 1 of the year for which
renewal should have been made under the requirements of this
section, and the limo carrier of passengers shall be prohibited
from operating any of its vehicles upon or over the highways of
this state. All privileges granted the limo carrier of passengers
under the expiring certificate shall cease.
Sec. 23. Each limo carrier of passengers who holds a
certificate
of authority under this act article
may have the annual
renewal
inspection required under section 19 done pursuant to under
section 14 and then shall submit to the department a copy of the
safety inspection report and pay the department a fee equal to
$5.00 times the number of limousines inspected.
Sec.
25. If the insurance coverage required under this act
article is canceled for any reason, the certificate of authority
issued to that carrier shall be considered revoked without any
further action by the department.
Sec. 27. The department may use all available legal and
equitable remedies of a civil nature to enforce this act, an order
issued,
or a rule promulgated pursuant to under this act. article.
The
department may employ such experts, assistants, inspectors, and
other
personnel as may be necessary, subject to civil service
rules,
to enable it to administer and enforce this act. article. An
employee
of the department shall not ask or receive any a fee
from
a person for the taking of acknowledgments or any other service.
State
and local police officers shall enforce this act article and
the
rules promulgated pursuant to under
this act. article. A
peace
officer may arrest, on sight or upon warrant, any person found
violating,
or having violated, a provision of this act article or
a
rule
promulgated under this act. article.
The attorney general of
the state and the prosecuting attorneys of the counties of the
state
shall prosecute all violations of this act. article. When
this
act article is violated, the offense may be prosecuted in any
jurisdiction in or through which any limousine implicated was
present at the time of the violation.
Sec.
29. (1) Each person subject to this act article who
operates a limousine service without obtaining a certificate of
authority
required under this act article
or without meeting the
insurance
requirements provided in this act shall be article is
subject to a fine of not more than $500.00. Each violation
constitutes a separate offense.
(2) A person who commits fraud, misrepresentation, trickery,
or
deceit in connection with inspections conducted under this act
shall
be article is subject to a fine of not more than $500.00.
Each violation constitutes a separate offense.
Sec. 31. A limo carrier of passengers, or an officer or agent
of a limo carrier of passengers, who requires or permits a driver
or operator to drive or operate a limousine in violation of this
act,
article, or a rule promulgated under this act, article, is
guilty
of a misdemeanor , punishable
by a fine of not more than
$500.00 or by imprisonment for not more than 90 days, or both.
Sec. 33. The department may alter, suspend, or revoke a
certificate
of authority issued under this act article if the
department
determines in a contested case hearing held pursuant to
under
chapter 4 of the administrative procedures
act of 1969, Act
No.
306 of the Public Acts of 1969, being sections 24.271 to 24.287
of
the Michigan Compiled Laws, 1969
PA 306, MCL 24.271 to 24.287,
that a person to whom a certificate of authority has been issued
has
willfully violated or refused to comply with this act.article.
Sec. 35. A person shall not violate or evade the provisions of
this
act article through any device or arrangement.
Sec. 37. The department shall promulgate rules to implement
this
act pursuant to article
under the administrative procedures
act
of 1969, Act No. 306 of the Public Acts of 1969, being sections
24.201
to 24.328 of the Michigan Compiled Laws. 1969 PA 306, MCL
24.201 to 24.328. The rules shall include standardized forms to be
used by all certified mechanics performing inspections required by
section 19. The department shall also include criteria for
designation of registered motor vehicle repair facilities as
inspection stations for limousine inspections required under this
act.article.
ARTICLE 2. TRANSPORTATION NETWORK COMPANIES
Sec. 41. As used in this article:
(a) "Department" means the state transportation department.
(b) "Personal vehicle" means a motor vehicle that has been
approved to be used by a transportation network company driver to
perform rides arranged through a transportation network company
digital platform and that meets the requirements of this article.
(c) "Prearranged ride" means a period of time that begins when
a transportation network company driver accepts a requested ride
through a digital network, continues while the transportation
network company driver transports the rider in a personal vehicle,
and ends when the rider departs from the personal vehicle.
(d) "Ridesharing arrangement" means an arrangement for the
transportation of not more than 8 passengers, not including the
driver, by motor vehicle that satisfies 1 of the following:
(i) The arrangement is for a purpose incidental to another
purpose of the driver, and the driver does not charge or receive a
fee, other than money paid to reimburse the driver or owner of the
vehicle for his or her operating expenses on a not-for-profit
basis.
(ii) The passengers and the driver are traveling between their
homes and places of employment, or places convenient to their homes
or places of employment, and the driver does not charge or receive
a fee, other than money paid to reimburse the driver or owner of
the vehicle for his or her operating expenses on a not-for-profit
basis.
(e) "Taxi" or "taxicab" means an on-demand motor vehicle that
satisfies all of the following:
(i) The vehicle may be hailed or prearranged by a passenger.
(ii) The vehicle has a seating capacity of 1 to 8 passengers,
including the driver.
(iii) The vehicle is used in the transportation of passengers
for hire and charges a rate based on a meter installed in the
vehicle or a flat fare.
(iv) The vehicle is identified with the words "taxi" or "cab"
on the vehicle and is equipped with a permanently affixed rooftop
sign that displays the words "taxi" or "cab", the company name, or
the company phone number.
(f) "Transportation network company" means a person operating
in this state that uses a digital network to connect riders to
transportation network company drivers for the purpose of providing
transportation. Transportation network company does not include
taxi service, transportation service arranged through a
transportation broker, a ridesharing arrangement, or a
transportation service using fixed routes at regular intervals.
(g) "Transportation network company driver" means an
individual who uses a personal vehicle to provide transportation
services for riders that are matched to that individual through a
transportation network company's digital network, regardless of
whether the individual is employed by a transportation network
company.
Sec. 43. A transportation network company shall not operate in
this state unless the transportation network company has submitted
an application on an annual basis to the department providing proof
of all of the following:
(a) That the transportation network company maintains a
primary insurance policy covering each transportation network
company driver for incidents involving the transportation network
company driver at all times and providing all of the following
types of coverage:
(i) Residual third-party liability insurance as required under
chapter 31 of the insurance code of 1956, 1956 PA 218, MCL 500.3101
to 500.3179, with a minimum combined single limit of $1,000,000.00
for all persons injured or property damage.
(ii) Personal protection insurance and property protection
insurance in the amounts and types of coverage required by chapter
31 of the insurance code of 1956, 1956 PA 218, MCL 500.3101 to
500.3179.
(b) The transportation network company shall provide
documentation of the insurance coverage required by subdivision (a)
to the department.
(c) That insurance of at least the amounts and types of
coverage required by chapter 31 of the insurance code of 1956, 1956
PA 218, MCL 500.3101 to 500.3179, is provided during the time that
a transportation network company driver is in possession of a
telephone or other dispatching technology provided by the
transportation network company.
(d) That each transportation network company driver is at
least 21 years of age and, except as provided in subdivision (e),
maintains a valid operator's license issued under the Michigan
vehicle code, 1949 PA 300, MCL 257.1 to 257.923.
(e) That each transportation network company driver maintains
a valid chauffeur's license issued under the Michigan vehicle code,
1949 PA 300, MCL 257.1 to 257.923, and has obtained a commercial
vehicle registration plate under the Michigan vehicle code, 1949 PA
300, MCL 257.1 to 257.923, if the transportation network company
driver's personal vehicle has a capacity of 9 to 15 passengers.
(f) That the transportation network company has conducted a
local, state, and national background check of each transportation
network company driver, including a search of the national sex
offender database, and the transportation network company driver
has not been convicted within 7 years before the date the
application is submitted of any of the following:
(i) Driving under the influence of drugs or alcohol.
(ii) A violation of chapter XI of the Michigan penal code, 1931
PA 328, MCL 750.81 to 750.90h.
(iii) A violation of chapter XXXI of the Michigan penal code,
1931 PA 328, MCL 750.174 to 750.182a.
(iv) A violation of chapter XLIII of the Michigan penal code,
1931 PA 328, MCL 750.271 to 750.300a.
(v) A violation of chapter LII of the Michigan penal code,
1931 PA 328, MCL 750.356 to 750.367c.
(vi) A violation of chapter LVI of the Michigan penal code,
1931 PA 328, MCL 750.377a to 750.395.
(vii) A violation of chapter LXI of the Michigan penal code,
1931 PA 328, MCL 750.412 to 750.421c.
(viii) A violation of chapter LXXVI of the Michigan penal code,
1931 PA 328, MCL 750.520a to 750.520n.
(ix) A violation of section 543m of the Michigan penal code,
1931 PA 328, 750.543m.
(g) That the transportation network company has reviewed a
driving history report for each transportation network company
driver before he or she provides transportation services showing
that the transportation network company driver has not had more
than 3 moving violations or a major violation in the 3-year period
before the date of the driving history report. As used in this
subdivision, "major violation" includes, but is not limited to,
attempting to evade the police, reckless driving, or driving on a
suspended or revoked license.
(h) That each transportation network company driver's vehicle
has undergone a safety inspection conducted annually by a mechanic
licensed by this state before being used to provide transportation
services. Each transportation network company driver shall provide
to the transportation network company documentation of the
inspection required by this subdivision showing that all of the
following vehicle components were inspected:
(i) Foot brakes.
(ii) Parking brakes.
(iii) Steering mechanism.
(iv) Windshield.
(v) Rear window and other glass.
(vi) Windshield wipers.
(vii) Headlights.
(viii) Taillights.
(ix) Brake lights.
(x) Front seat adjustment mechanism.
(xi) Doors.
(xii) Turn signal lights.
(xiii) Horn.
(xiv) Speedometer.
(xv) Bumpers.
(xvi) Muffler and exhaust system.
(xvii) Tires, including tread depth.
(xviii) Interior and exterior mirrors.
(xix) Safety belts.
(xx) Defrosting system.
Sec. 45. (1) A personal vehicle shall display all of the
following:
(a) A consistent and distinctive signage or emblem that is
approved by the department at all times while the transportation
network company driver is engaged in a prearranged ride. The
signage or emblem shall satisfy all of the following:
(i) The signage or emblem shall be sufficiently large and
color-contrasted to be readable during daylight hours from a
distance of at least 50 feet.
(ii) The signage or emblem shall be reflective.
(iii) The signage or emblem shall sufficiently identify the
transportation network company with which the vehicle is
affiliated.
(b) The decal described in section 47(2).
(2) A transportation network company shall do all of the
following:
(a) Provide a customer support telephone number or electronic
mail address on its digital network or website for rider inquiries.
(b) Except as provided in subdivision (c), refrain from
disclosing a passenger's personally identifiable information to a
third party unless 1 or more of the following apply:
(i) The passenger consents.
(ii) Disclosure is required by a legal obligation.
(iii) Disclosure is required to process an insurance claim.
(iv) Disclosure is required to protect or defend the terms of
the use of the service or to investigate violations of those terms.
(c) A transportation network company may share a passenger's
name or telephone number to a transportation network company driver
providing a prearranged ride to that passenger to facilitate the
correct identification of the passenger by the transportation
network company driver or to facilitate communication between the
passenger and the transportation network company driver.
(d) Provide all of the following to passengers:
(i) The transportation network company driver's first name.
(ii) Make and model of the transportation network company
driver's vehicle.
(iii) Method by which the transportation network company
calculates fares or the applicable rate being charged.
(iv) The option to receive an estimated fare.
(e) Provide a receipt through electronic mail or text message
to a passenger upon completion of a prearranged ride.
(f) Disclose in writing to transportation network drivers
providing services for the transportation network company all of
the following:
(i) The insurance coverage and limits of liability that the
transportation network company provides while the transportation
network company driver uses a vehicle in connection with the
transportation network company's online-enabled application or
platform.
(ii) That, depending on the terms of the policy, the
transportation network company driver's automobile or vehicle
insurance policy may not provide coverage while he or she uses a
vehicle in connection with a transportation network company's
digital network.
(iii) That the transportation network company driver must
consult his or her own insurance company or insurance agent for
information about coverage provided by his or her personal
insurance policy.
(3) A transportation network company or a transportation
network company driver shall not do any of the following:
(a) Solicit passengers or service through a street hail.
(b) Pick up or discharge a passenger at a designated taxicab
stand, no stopping or standing zone, or other restricted area.
(4) A transportation network company driver may refuse to
transport a passenger if the passenger is acting in an unlawful,
disorderly, or endangering manner.
(5) A transportation network company driver shall do all of
the following:
(a) Permit a service animal to accompany a passenger on a
prearranged ride.
(b) Take the most direct route to the passenger's destination
unless otherwise authorized by the passenger.
(c) If an accident involving a personal vehicle occurs while
the vehicle is being used to provide transportation network company
services, the transportation network company driver shall do all of
the following:
(i) Provide proof of insurance information to the other party
involved in the accident.
(ii) Notify the transportation network company of the accident.
(iii) Notify his or her insurance company of the accident.
(d) Upon request of a law enforcement official or other
government official, display an electronic verification of his or
her affiliation with a transportation network company or a ride in
progress showing that the ride is a prearranged ride through a
transportation network company's digital network. This subdivision
does not require a transportation network company driver to
relinquish possession of an electric device if the information
described in this subdivision is contained on an electronic device.
(6) Both of the following apply to an insurance policy
described in section 43(a) to (c):
(a) The insurance policy may be placed with an insurer
licensed under chapter 4 of the insurance code of 1956, 1956 PA
218, MCL 500.402 to 500.480, or a surplus lines insurer eligible
under chapter 19 of the insurance code of 1956, 1956 PA 218, MCL
500.1901 to 500.1955.
(b) The insurance policy satisfies the financial
responsibility requirement described in chapter V of the Michigan
vehicle code, 1949 PA 300, MCL 257.501 to 257.532.
Sec. 47. (1) The department shall issue a permit to allow a
transportation network company to operate in this state if the
transportation network company meets all requirements of this
article and pays a fee determined by the department.
(2) The department shall issue a decal to each transportation
network company driver if the driver and his or her vehicle meet
all requirements of this act and if the driver pays a $250.00 fee
to the department.
(3) If a transportation network company driver's insurance
coverage as required under this act is canceled, is revoked, or is
not renewed for any reason, the transportation network company
driver shall notify the transportation network company to remove
the transportation network company driver from its roster unless
the transportation network company driver has obtained substitute
insurance coverage without a lapse in coverage.
(4) After providing notice and the opportunity for a hearing,
the department may impose a fine or revoke a permit issued under
this article if a transportation network company fails to comply
with this article.
Sec. 49. A transportation network company shall not be
considered to own, control, operate, or manage a personal vehicle
operated by a transportation network company driver providing
transportation services to passengers matched through the
transportation network company digital network.
Sec. 51. A local unit of government shall not enact or enforce
an ordinance regulating a transportation network company. A local
unit of government may issue a civil infraction to a transportation
network company driver for a violation of section 45(1), 45(3), or
45(5)(a), (c), or (d).