Trade dress requirements for carriers-for-hire

(a)(1) A carrier-for-hire operator shall display a trade dress, which may take the form of a removable device, approved pursuant to subsection (b) of this section at all times while the operator is logged into the carrier-for-hire company's delivery dispatch. (2) A carrier-for-hire operator transporting goods by motor vehicle shall display trade dress in at least one location determined to be acceptable by the DFHV on the carrier-for-hire operator's motor vehicle. (3) Notwithstanding paragraph (1) of this subsection, a carrier-for-hire operator transporting goods by foot or using a bicycle, motor-driven cycle, or other class 1, 2, or 3 delivery mode may, subject to approval of the Department, display trade dress on equipment such as a delivery bag or carrier, helmet, or other apparel worn by the operator. (b) All trade dress required pursuant to this section shall be approved for display by the DFHV. Approved trade dress shall be: (1) Sufficiently large and color contrasted so as to be readable during daylight hours at a distance of at least 50 feet; and (2) Reflective, illuminated, or otherwise patently visible in darkness. (c)(1) The DFHV may require that carrier-for-hire operators display a standardized emblem or insignia identifying the operator as a carrier-for-hire, in lieu of trade dress specific to an individual carrier-for-hire company. Such emblem or insignia shall be otherwise subject to all of the requirements enumerated in subsections (a), (b), and (d) of this section. (2) The DFHV may permit carrier-for-hire companies to issue such an approved emblem or insignia to operators on the Department's behalf. (d) A carrier-for-hire company shall provide an operator with trade dress compliant with the requirements of this section before the operator begins providing service for the company. Notwithstanding the provisions of this section, the Department may establish rules allowing for a carrier-for-hire operator to display a temporary trade dress for a limited period of time after a carrier-for-hire operator registers with a carrier-for-hire company. (e) The Department, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement this section.