Cal. PUC § 5440 — California Code / Code puc / Division 2 / Chapter 8 / Article 7 / Section 5440
Section 5440
Status: in_force

The Legislature makes the following findings and declarations:

(a) The commission has initiated regulation of transportation network companies as a new category of charter-party carriers and continues to develop appropriate regulations for this new service.

(b) Given the rapidly evolving transportation network company service, it is the intent of the Legislature to continue ongoing oversight of the commission’s regulation of these services in order to enact legislation to adjust commission authority and impose specific requirements or prohibitions as deemed necessary as these services evolve.

(c) It is the intent of the Legislature that the commission initiate regulation of charter-party carriers in accordance with Section 5440.5 to ensure that transportation network company services do not discriminate against persons with disabilities, including those who use nonfolding mobility devices.

(d) Technology application-based ride hailing services, such as those services provided by transportation network companies (TNC), have impacted the lives of many people by reducing transportation barriers that limited access to jobs, health care, and society. However, more can be done to enable increased access to on-demand transportation services for people with disabilities, especially for persons using nonfolding motorized wheelchairs.

(e) The availability of transportation services, especially on-demand transportation service, can improve economic competitiveness and quality of life. Many individuals fulfill their transportation needs through vehicle ownership, public transit, carpooling, or walking and biking. However, transportation network companies or other application-based ride hailing services enable alternative, on-demand access to transportation.

(f) There exists a lack of wheelchair accessible vehicles (WAVs) available via TNC online-enabled applications or platforms throughout California. In comparison to standard vehicles available via TNC technology applications, WAVs have higher purchase prices, higher operating and maintenance costs, higher fuel costs, and higher liability insurance, and require additional time to serve riders who use nonfolding motorized wheelchairs.

(g) It is the intent of the Legislature that California be a national leader in the deployment and adoption of on-demand transportation options for persons with disabilities.

(h) It is the policy of the state to encourage collaboration among stakeholders and to promote partnerships to harness the expertise and strengths of all to serve the public interest.

(i) The Legislature further finds that adoption of services in communities that were previously underserved may take time, and requires robust dialogue, educational outreach, and partnerships to build trust in the new services.

(j) It is the intent of the Legislature that wheelchair users who need WAVs have prompt access to TNC services, and for the commission to facilitate greater adoption of wheelchair accessible vehicles on transportation network companies’ online-enabled applications or platforms.