Washington SB 5600: Concerning regulation of transportation network companies during large-scale events.

Bill Text

AN ACT Relating to regulation of transportation network companies 1
during large-scale events; and amending RCW 49.46.300, 46.72B.050, 2
and 46.72B.190.3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 49.46.300 and 2022 c 281 s 1 are each amended to 5
read as follows:6
(1) The definitions in this subsection apply throughout this 7
section and RCW 49.46.310 through 49.46.350 unless the context 8
clearly requires otherwise.9
(a) "Account deactivation" means one or more of the following 10
actions with respect to an individual driver or group of drivers that 11
is implemented by a transportation network company and lasts for more 12
than three consecutive days:13
(i) Blocking access to the transportation network company driver 14
platform;15
(ii) Changing a driver's status from eligible to provide 16
transportation network company services to ineligible; or17
(iii) Any other material restriction in access to the 18
transportation network company's driver platform.19
(b) "Compensation" means payment owed to a driver by reason of 20
providing network services including, but not limited to, the minimum 21
S-1217.4
SUBSTITUTE SENATE BILL 5600
State of Washington 69th Legislature 2025 Regular Session
By Senate Labor & Commerce (originally sponsored by Senators
Alvarado, Saldaña, Frame, Nobles, and Valdez)
READ FIRST TIME 02/19/25.
p. 1 SSB 5600

payment for passenger platform time and mileage, incentives, and 1
tips.2
(c) "Department" means the department of labor and industries.3
(d) "Digital network" means any online-enabled application, 4
website, or system offered or used by a transportation network 5
company that enables the prearrangement of rides between drivers and 6
passengers.7
(e) "Director" means the director of the department of labor and 8
industries.9
(f) "Dispatch location" means the location of the driver at the 10
time the driver accepts a trip request through the driver platform.11
(g) "Dispatch platform time" means the time a driver spends 12
traveling from a dispatch location to a passenger pick-up location. 13
Dispatch platform time ends when a passenger cancels a trip or the 14
driver begins the trip through the driver platform. A driver cannot 15
simultaneously be engaged in dispatch platform time and passenger 16
platform time for the same transportation network company. For shared 17
rides, dispatch platform time means the time a driver spends 18
traveling from the first dispatch location to the first passenger 19
pick-up location.20
(h) "Dispatched trip" means the provision of transportation by a 21
driver for a passenger through the use of a transportation network 22
company's application dispatch system.23
(i) "Driver" has the same meaning as "commercial transportation 24
services provider driver" in RCW 48.177.005. Except as otherwise 25
specified in chapter 281, Laws of 2022, for purposes of this title 26
and Titles 48, 50A, 50B, and 51 RCW, and any orders, regulations, 27
administrative policies, or opinions of any state or local agency, 28
board, division, or commission, pursuant to those titles, a driver is 29
not an employee or agent of a transportation network company if the 30
following factors are met:31
(i) The transportation network company does not unilaterally 32
prescribe specific dates, times of day, or a minimum number of hours 33
during which the driver must be logged into the transportation 34
network company's online-enabled application or platform;35
(ii) The transportation network company may not terminate the 36
contract of the driver for not accepting a specific transportation 37
service request;38
(iii) The transportation network company does not contractually 39
prohibit the driver from performing services through other 40
p. 2 SSB 5600

transportation network companies except while performing services 1
through the transportation network company's online-enabled 2
application or platform during dispatch platform time and passenger 3
platform time; and4
(iv) The transportation network company does not contractually 5
prohibit the driver from working in any other lawful occupation or 6
business.7
Notwithstanding any state or local law to the contrary, any party 8
seeking to establish that the factors in this subsection (1)(i) are 9
not met bears the burden of proof. A driver for purposes of this 10
section shall not include any person ultimately and finally 11
determined to be an "employee" within the meaning of section 2(3) of 12
the national labor relations act, 29 U.S.C. Sec. 152(3).13
(j) "Driver platform" means the driver-facing application 14
dispatch system software or any online-enabled application service, 15
website, or system, used by a driver, or which enables services to be 16
delivered to a driver that enables the prearrangement of passenger 17
trips for compensation.18
(k) "Driver resource center" or "center" means a nonprofit 19
organization that provides services to drivers. The nonprofit 20
organization must be registe