Seattle Mun. Code § 14.32.010 Short title
14.32.010 - Short title
This Chapter 14.32 shall constitute the "Transportation Network Company Driver Deactivation Rights Ordinance" and may be cited as such.
(Ord. 125976, § 2, 2019.)
TRANSPORTATION NETWORK COMPANY DRIVERS DEACTIVATION RIGHTS
SEA-MC tit. 14, ch. 14.32
in effectSeattle Mun. Code § 14.32.015 Declaration of policy
14.32.015 - Declaration of policy
It is declared to be the policy of the City, in the exercise of its police powers for the protection of the public health, safety, and general welfare, and for the maintenance of peace and good government, to ensure that TNC drivers can perform their services in a safe and reliable manner, and thereby promote the welfare of the people who rely on such services to meet their transportation needs.
(Ord. 125976, § 2, 2019.)
Seattle Mun. Code § 14.32.020 Definitions
14.32.020 - Definitions
For the purposes of this Chapter 14.32:
"Agency" means the Office of Labor Standards and any division therein.
"Aggrieved party" means the TNC driver or other person who suffers tangible or intangible harm due to the TNC's violation of this Chapter 14.32.
"Application dispatch" means technology that allows consumers to directly request dispatch of TNC drivers for trips and/or allows TNC drivers or TNCs to accept trip requests and payments for trips via the internet using mobile interfaces such as, but not limited to, smartphone and tablet applications.
"Available platform time" means the time a TNC driver is logged in to the driver platform prior to receiving a trip request from a TNC.
"City" means The City of Seattle.
"Compensation" means payment owed to a TNC driver by reason of providing TNC services.
"Days" means calendar days.
"Deactivation" means the blocking of a TNC driver's access to the driver platform, changing a TNC driver's status from eligible to provide TNC services to ineligible, or other material restriction in access to the driver platform that is effected by a TNC.
"Director" means the Director of the Office of Labor Standards.
"Dispatch location" means the location of the TNC driver at the time the TNC driver accepts a trip request from the TNC.
"Dispatch platform time" means the time a TNC driver spends traveling from dispatch location to passenger pick-up location. Dispatch platform time ends when a passenger cancels a trip, fails to appear for a trip, or enters the TNC driver's vehicle.
"Driver platform" means the driver-facing application dispatch system software or any online-enabled application service, website, or system, used by a TNC driver, that enables the prearrangement of passenger trips for compensation.
"Driver Resolution Center" means a non-profit organization registered with the Washington Secretary of State that contracts with the Agency to provide culturally competent TNC driver representation services, outreach, and education; that is affiliated with an organization with experience advocating for the civil and economic rights of drivers, contractors, and workers from disadvantaged socioeconomic groups and representing workers in grievance proceedings; and whose administration and/or formation was/is not funded, excessively influenced, or controlled by a TNC. This organization shall have a proven commitment to worker rights and experience in providing resources, programs, and services to TNC drivers, contractors, and workers that allow them to build sustainable economic opportunities while competing in a changing business environment. The Driver Resolution Center should consider contractual partnerships among entities to achieve the direct participation of organizations primarily focused on diversity and advocating for the civil and economic rights of workers from disadvantaged socioeconomic groups.
"Operating in Seattle" means, with respect to a TNC, providing application dispatch services to any affiliated driver at any time for the transport of any passenger for compensation from or to a point within the geographical confines of Seattle.
"Passenger drop-off location" means the location where a passenger exits a TNC driver's vehicle at the end of a trip.
"Passenger pick-up location" means the location where a passenger has requested to be picked up at the time of dispatch, for the purpose of receiving TNC services.
"Passenger platform time" means the period of time commencing when a passenger enters the TNC driver's vehicle until the time when the passenger exits the TNC vehicle.
"Representative" means a person who gives advice or guidance and includes, but is not limited to, family members, friends, licensed professionals, attorneys, advocates, and Driver Resolution Center advocates.
"Respondent" means the TNC who is alleged or found to have committed a violation of this Chapter 14.32.
"TNC services" means services related to the transportation of passengers that are provided by a TNC driver while logged in to the driver platform, including services provided during available platform time, dispatch platform time, and passenger platform time.
"Transportation network company" or "TNC" means an organization whether a corporation, partnership, sole proprietor, or other form, licensed or required to be licensed under Chapter 6.310, operating in Seattle that offers prearranged transportation services for compensation using an online-enabled application or platform, such as an application dispatch system, to connect passengers with drivers using a "transportation network company (TNC) endorsed vehicle," as defined in Chapter 6.310.
"Transportation network company driver" or "TNC driver" means a licensed for-hire driver, as defined in Chapter 6.310, affiliated with and accepting trips from a licensed transportation network company. For purposes of this Chapter 14.32, at any time that a driver is logged into the driver platform, the driver is considered a TNC driver.
"TNC dispatched trip" or "trip" means the dispatch of a TNC driver to provide transportation to a passenger in a TNC endorsed vehicle through the use of a TNC's application dispatch system. The term "TNC dispatched trip" or "trip" does not include transportation provided by taxicabs or for-hire vehicles, as defined in Chapter 6.310.
"Written" or "writing" means a printed or printable communication in physical or electronic format including a communication that is transmitted through email, text message, or a computer system, or is otherwise sent and maintained electronically.
(Ord. 125976, § 2, 2019.)
Seattle Mun. Code § 14.32.030 TNC driver coverage
14.32.030 - TNC driver coverage
A TNC driver is covered by this Chapter 14.32 if the TNC driver provides TNC services within the geographic boundaries of the City for a TNC covered by this Chapter 14.32.
(Ord. 125976, § 2, 2019.)
Seattle Mun. Code § 14.32.040 TNC coverage
14.32.040 - TNC coverage
A. TNCs that report 200,000 or more trips that originate in the City per the most recent quarterly report under Section 6.310.540 are covered under this Chapter 14.32.
B. Separate entities that form an integrated enterprise shall be considered a single TNC under this Chapter 14.32. Separate entities will be considered an integrated enterprise and a single TNC under this Chapter 14.32 where a separate entity controls the operation of another entity. The factors to consider include, but are not limited to:
1. Degree of interrelation between the operations of multiple entities;
2. Degree to which the entities share common management;
3. Centralized control of labor relations; and
4. Degree of common ownership or financial control over the entities.
(Ord. 126235, § 1, 2020; Ord. 125976, § 2, 2019.)
Seattle Mun. Code § 14.32.050 Protection from unwarranted deactivation
14.32.050 - Protection from unwarranted deactivation
A. TNC driver deactivation rights
1. No TNC shall subject a TNC driver to unwarranted deactivation, as defined by Director's rule.
2. Subject to driver eligibility standards created by Director's rule, a TNC driver shall have a right to challenge all permanent deactivations and temporary deactivations, as defined by Director's rule.
3. The TNC driver has the right to elect between representing themselves during any deactivation challenge or being represented by a representative, including an advocate from the Driver Resolution Center. The Driver Resolution Center shall have discretion to determine whether to represent a TNC driver, as defined by Director's rule.
4. For deactivations not described in subsection 14.32.050.E, the TNC shall provide the TNC driver with 14 days' notice of the impending deactivation. The notice shall include a written statement of the reasons for and effective date of deactivation and provide notice, in a form and manner designated by the Agency, of the TNC driver's right to challenge such deactivation under this Section 14.32.050. The Agency shall create and distribute the notice in English and other languages as provided by rules issued by the Director.
5. Upon deactivation, every TNC shall furnish to the TNC driver a written statement of the reasons for and effective date of deactivation and provide notice, in a form and manner designated by the Agency, of the TNC driver's right to challenge such deactivation under this Section 14.32.050. The Agency shall create and distribute the notice in English and other languages as provided by rules issued by the Director.
B. The TNC driver and TNC may, by mutual agreement, proceed to arbitration through the Deactivation Appeals Panel arbitration ("Panel arbitration") proceeding created by this Chapter 14.32 instead of proceeding under any applicable arbitration agreement between the TNC driver and the TNC ("private arbitration agreement"). In the absence of a private arbitration agreement between a TNC driver and a TNC, the TNC driver shall have an absolute right to challenge the deactivation pursuant to subsections 14.32.050.C and 14.32.050.D, regardless of agreement by the TNC.
C. Deactivation Appeals Panel process
1. If the TNC driver and TNC agree to proceed to arbitration through the Deactivation Appeals Panel arbitration proceeding created by this Chapter 14.32, the TNC driver and/or a representative must provide notice to the TNC of intent to challenge the deactivation no later than 60 days after the deactivation.
2. The TNC and the TNC driver and/or a representative shall attempt to resolve the challenge informally no later than 15 days after the notice of intent to challenge has been provided to the TNC, or within a time frame mutually agreed by the parties.
3. If the parties resolve the challenge informally pursuant to subsection 14.32.050.C.2, they must memorialize that resolution in a written agreement.
4. The TNC driver and/or representative must provide notice of intent to arbitrate to the TNC no later than 15 days after the notice of intent to challenge has been provided to the TNC under subsection 14.32.050.C.1.
5. If a TNC driver demonstrates that a TNC failed to engage in the informal appeals process under this subsection 14.32.050.C, there shall be a presumption, rebuttable by clear and convincing evidence, before the Deactivation Appeals Panel that the deactivation is unwarranted.
D. Deactivation Appeals Panel
1. The City shall establish a "Deactivation Appeals Panel" ("Panel") for purposes of hearing TNC driver challenges to deactivations. The Agency shall contract with one or more persons or entities ("neutral arbitrator") to conduct arbitration proceedings to hear deactivation challenges. The neutral arbitrator shall be one member of the Panel. The remaining Panel members shall consist of an equal number of partisan panel members, representing the interests of the TNC driver and the TNC, respectively.
2. The utilization of the Panel arbitration proceeding created by this Chapter 14.32 is voluntary upon agreement by both parties, except as provided for under subsection 14.32.050.B, and shall be of no cost to the TNC driver. If utilized, the Panel shall be the sole arbitration proceeding for challenging the deactivation.
3. The cost of arbitration, including any fee charged by an arbitrator, will be shared equally by the TNC and the Driver Resolution Center. If the TNC driver is not represented by a representative of the Driver Resolution Center, the TNC shall be solely responsible for the cost of arbitration.
4. The arbitration shall be conducted no later than 30 days after the notice of intent to arbitrate has been provided to the TNC under subsection 14.32.050.C.4, within a time frame mutually agreed by the parties, or as ordered by the Panel.
5. Subject to rules issued by the Director, the Panel may conduct pre-hearing procedures, as well as an evidentiary hearing at which parties shall be entitled to present witnesses and written evidence relevant to the dispute, and to cross-examine witnesses.
6. The Panel's decision in any case shall be by majority vote, with each panel member holding one vote.
7. The Panel shall issue a written decision and, if appropriate, award relief. The Panel shall endeavor to issue the written decision within 48 hours of the evidentiary hearing.
8. Upon a decision concluding an unwarranted deactivation occurred, the Panel may order such relief as may be appropriate to remedy the violation including, without limitation, all remedies provided in Section 14.32.170. Should the Panel order that the TNC driver be reinstated, such order shall be limited to reinstatement to provide TNC services from a passenger drop-off location or a passenger pick-up location in the City.
9. The decision of the Panel shall be final and binding upon the parties.
10. Nothing in this subsection 14.32.050.D shall be construed as restricting a TNC driver's right to pursue any remedy at law or equity for an unwarranted deactivation.
11. The Director shall issue rules to effectuate the terms of this Section 14.32.050 including, but not limited to, rules regarding the definition of unwarranted deactivation, driver eligibility to challenge deactivations, the selection of and criteria for the neutral arbitrator and partisan panel members, and the number of partisan panel members. The Director shall further issue rules on methods to protect passenger privacy and address potential safety concerns during Panel arbitrations for deactivations that include but are not limited to allegations of egregious misconduct.
E. Subject to the provisions of this Section 14.32.050 and rules issued by the Director, a TNC may immediately deactivate a TNC driver if such action is required to comply with any applicable local, state, or federal laws or regulations or where a TNC driver has engaged in egregious misconduct. The Director's rules shall define egregious misconduct to include, at minimum, allegations of sexual assault.
F. In computing any period of time prescribed or allowed by this Section 14.32.050, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a federal or City holiday, in which event the period runs until the end of the next day which is neither a Saturday, a Sunday, nor a federal or City holiday.
(Ord. 125976, § 2, 2019.)
Seattle Mun. Code § 14.32.060 Driver Resolution Center
14.32.060 - Driver Resolution Center
A. The Agency may contract with a Driver Resolution Center to provide driver resolution services. Those services shall include, but not be limited to:
1. Consultation and/or direct representation for TNC drivers facing deactivation;
2. Other support for TNC drivers to ensure compliance with applicable labor standards and/or to support their ability to perform TNC services; and
3. Outreach and education to TNC drivers regarding their rights under this Chapter 14.32 and other applicable federal, state, and local laws and regulations.
B. The Director must approve in advance, by rule or otherwise, the provision of any services by a Driver Resolution Center pursuant to contract other than those identified in subsection 14.32.060.A. Any additional services provided must be consistent with this Chapter 14.32.
(Ord. 125976, § 2, 2019.)
Seattle Mun. Code § 14.32.116 Rulemaking authority
14.32.116 - Rulemaking authority
The Director is authorized to administer this Chapter 14.32. The Director shall exercise all responsibilities under this Chapter 14.32 pursuant to rules and regulations developed under Chapter 3.02. The Director is authorized to promulgate, revise, or rescind rules and regulations deemed necessary, appropriate, or convenient to administer, and evaluate the provisions of this Chapter 14.32, providing affected entities with due process of law and in conformity with the intent and purpose of this Chapter 14.32. The Director shall develop such rules and regulations through an inclusive stakeholder engagement process that includes, at minimum, participation of representatives of local sexual assault organizations and a focus on survivor-centered policies and procedures.
(Ord. 125976, § 2, 2019.)
Seattle Mun. Code § 14.32.140 Violation
14.32.140 - Violation
The failure of any respondent to comply with any requirement imposed on the respondent under this Chapter 14.32 is a violation.
(Ord. 125976, § 2, 2019.)
Seattle Mun. Code § 14.32.170 Remedies
14.32.170 - Remedies
A. The payment of unpaid compensation, liquidated damages, and interest provided under this Chapter 14.32 is cumulative and is not intended to be exclusive of any of the above referenced remedies and procedures.
1. Interest shall accrue from the date the unpaid compensation was first due at 12 percent annum, or the maximum rate permitted under RCW 19.52.020.
2. When determining the amount of liquidated damages payable to aggrieved parties due under this Section 14.32.170, the Panel shall consider:
a. The total amount of unpaid compensation, liquidated damages, and interest due;
b. The nature and persistence of the violations;
c. The extent of the respondent's culpability;
d. The substantive or technical nature of the violations;
e. The size, revenue, and human resources capacity of the respondent;
f. The circumstances of each situation;
g. Other factors pursuant to rules issued by the Director.
B. A respondent found to be in violation of this Chapter 14.32 shall be liable for full payment of unpaid compensation plus interest in favor of the aggrieved party for the period of deactivation under the terms of this Chapter 14.32, and other equitable relief. The Director shall issue rules regarding the method of calculating unpaid compensation. The Director is authorized to designate a daily amount for unpaid compensation. For any violation of this Chapter 14.32, the Panel may assess liquidated damages in an additional amount of up to twice the unpaid compensation.
(Ord. 125976, § 2, 2019.)
Seattle Mun. Code § 14.32.230 Private right of action
14.32.230 - Private right of action
A. Any person or class of persons that suffers financial injury as a result of a violation of this Chapter 14.32, may bring a civil action in a court of competent jurisdiction against the TNC violating this Chapter 14.32 and, upon prevailing, may be awarded reasonable attorney fees and costs and such legal or equitable relief as may be appropriate to remedy the violation including, without limitation, the payment of any unpaid compensation plus interest due to the person and liquidated damages in an additional amount of up to twice the unpaid compensation. Interest shall accrue from the date the unpaid compensation was first due at 12 percent per annum, or the maximum rate permitted under RCW 19.52.020.
B. For purposes of this Section 14.32.230, "person" includes any entity a member of which has suffered financial injury, or any other individual or entity acting on behalf of an aggrieved party that has suffered financial injury.
C. For purposes of determining membership within a class of persons entitled to bring an action under this Section 14.32.230, two or more TNC drivers are similarly situated if they:
1. Are or were contracted to perform TNC services by the same TNC or TNCs, whether concurrently or otherwise, at some point during the applicable statute of limitations period,
2. Allege one or more violations that raise similar questions as to liability, and
3. Seek similar forms of relief.
D. For purposes of subsection 14.32.230.C, TNC drivers shall not be considered dissimilar solely because their:
1. Claims seek damages that differ in amount, or
2. Job titles or other means of classifying TNC drivers differ in ways that are unrelated to their claims.
E. Nothing contained in this Chapter 14.32 is intended to be nor shall be construed to create or form the basis for any liability on the part of the City, or its officers, employees, or agents, for any injury or damage resulting from or by reason of any act or omission in connection with the implementation or administration of this Chapter 14.32 on the part of the City by its officers, employees, or agents.
(Ord. 125976, § 2, 2019.)
Seattle Mun. Code § 14.32.235 Encouragement of more generous policies
14.32.235 - Encouragement of more generous policies
A. Nothing in this Chapter 14.32 shall be construed to discourage or prohibit a TNC from the adoption or retention of protections more generous than the ones required by this Chapter 14.32.
B. Nothing in this Chapter 14.32 shall be construed as diminishing the obligation of a TNC to comply with any contract, or other agreement providing more generous protections to TNC drivers than required by this Chapter 14.32.
(Ord. 125976, § 2, 2019.)
Seattle Mun. Code § 14.32.240 Other legal requirements
14.32.240 - Other legal requirements
This Chapter 14.32 defines requirements for TNC driver deactivation protections and shall not be construed to preempt, limit, or otherwise affect the applicability of any other law, regulation, requirement, policy, or standard that provides for greater requirements; and nothing in this Chapter 14.32 shall be interpreted or applied so as to create any power or duty in conflict with federal or state law.
(Ord. 125976, § 2, 2019.)
Seattle Mun. Code § 14.32.250 Severability
14.32.250 - Severability
The provisions of this Chapter 14.32 are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this Chapter 14.32, or the application thereof to any TNC, TNC driver, or circumstance, is held to be invalid, it shall not affect the validity of the remainder of this Chapter 14.32, or the validity of its application to other persons or circumstances.
(Ord. 125976, § 2, 2019.)
Source: City of Seattle, Seattle Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/wa/seattle/codes/municipal_code?nodeId=TIT14HURI_CH14.32TRNECODRDERIFetched: 11/1/2026