32-40-1. Definitions. Terms used in this chapter mean: (1)”Digital network,” any online-enabled application, software, website, or system offered or utilized by a transportation network company that enables a prearranged ride with a transportation network company driver; (2)”Personal vehicle,” a vehicle that is used by a transportation network company driver to provide a prearranged ride and […]
32-40-10. Transportation network company to provide coverage where driver’s insurance lapsed or insufficient–Duty to defend. If the insurance maintained by the driver pursuant to §32-40-8 or 32-40-9 has lapsed or does not provide the required coverage, the insurance maintained by the transportation network company shall provide the coverage required by those sections beginning with the […]
32-40-11. Prohibited terms of insurance policy maintained by transportation network company. Coverage under a motor vehicle insurance policy maintained by the transportation network company may not be dependent on a personal motor vehicle insurer first denying a claim nor shall a personal motor vehicle insurance policy be required to first deny a claim. Source: SL […]
32-40-12. Eligible insurers. Any insurance required by §§32-40-8 and 32-40-9 may be placed with an insurer licensed under title 58, or with a surplus lines insurer eligible under title 58. Source: SL 2016, ch 167, §12.
32-40-13. Financial responsibility requirements. Any insurance satisfying the requirements of §32-40-8 or 32-40-9 shall be deemed to satisfy the financial responsibility requirement for a motor vehicle under §32-35-113. Source: SL 2016, ch 167, §13.
32-40-14. Proof of coverage required in vehicle–Information to be provided after accident. A transportation network company driver shall carry proof of coverage satisfying §§32-40-8 and 32-40-9 at all times during the driver’s use of a vehicle in connection with a transportation network company’s digital network. If there is an accident, a transportation network company driver […]
32-40-15. Required transportation network company disclosures to drivers. The transportation network company shall disclose in writing to each transportation network company driver the following before the driver is allowed to accept a request for a prearranged ride on the transportation network company’s digital network: (1)The insurance coverage, including the types of coverage and the limits […]
32-40-16. Exclusions permitted in personal motor vehicle insurance policies. Any insurer that writes motor vehicle insurance in this state may exclude any coverage afforded under the policy issued to an owner or operator of a personal vehicle for any loss or injury that occurs while a driver is logged on to a transportation network company’s […]
32-40-17. Construction with financial responsibility law. Any exclusion as allowed by §32-40-16 applies notwithstanding any requirement under chapter 32-35. Nothing in this chapter implies or requires that a personal motor vehicle insurance policy provide coverage while the driver is logged on to the transportation network company’s digital network, while the driver is engaged in a […]
32-40-18. Specific policy language not required for exclusion. Nothing in this chapter requires an insurer to use any particular policy language or reference to §32-40-16 in order to exclude any and all coverage for any loss or injury that occurs while a driver is logged on to a transportation network company’s digital network or while […]
32-40-19. Primary or excess coverage for transportation network company driver’s vehicle permitted. Nothing in this chapter precludes an insurer from providing primary or excess coverage for the transportation network company driver’s vehicle, if it so chooses to do so by contract or endorsement. Source: SL 2016, ch 167, §19.
32-40-2. Application requirements for transportation network company drivers. Before a transportation network company allows a person to act as a transportation network company driver on the transportation network company’s digital network, the transportation network company shall require the person to submit to the transportation network company an application that includes: (1)The person’s name, address, and […]
32-40-20. Insurer has no duty to defend or indemnify excluded claim. Any motor vehicle insurer that excludes the coverage described in §32-40-8 or 32-40-9 has no duty to defend or indemnify any claim expressly excluded by the policy. Nothing in this chapter invalidates or limits an exclusion contained in a policy including any policy in […]
32-40-21. Insurer’s right of contribution. A motor vehicle insurer that defends or indemnifies a claim against a driver that is excluded under the terms of the insurer’s policy, shall have a right of contribution against other insurers that provide motor vehicle insurance to the same driver in satisfaction of the coverage requirements of §32-40-8 or […]
32-40-22. Disclosures required in claims investigations. In a claims coverage investigation, transportation network companies shall immediately provide upon request by directly involved parties or any insurer of the transportation network company driver if applicable, the precise times that a transportation network company driver logged on and off of the transportation network company’s digital network in […]
32-40-23. Municipal or county regulation of transportation network companies. Nothing in this chapter may be construed to limit further regulation of a transportation network company enacted by a municipality or county. However, no municipality or county may enact further regulations relating to the insurance requirements provided in this chapter. Source: SL 2016, ch 167, §24.
32-40-3. Criminal background, sex offender registry, and driving record checks of transportation network company drivers. Before a transportation network company allows a person to act as a driver on the transportation network company digital network, the transportation network company shall conduct, or contract with a third party to conduct: (1)A local and national criminal background […]
32-40-4. Persons prohibited from acting as transportation network company drivers. A transportation network company may not knowingly allow to act as a transportation network company driver on the transportation network company’s digital network a person: (1)Who has received judgments for more than three moving traffic violations in the preceding three years, or at least one […]
32-40-5. Zero tolerance policy for drug and alcohol use by transportation network company drivers. A transportation network company shall establish and enforce a zero tolerance policy for drug and alcohol use by transportation network company drivers during any period when a transportation network company driver is engaged in, or is logged into the transportation network […]
32-40-6. Personal vehicles to comply with vehicle equipment laws. A transportation network company shall require that a personal vehicle used to provide any prearranged ride shall comply with all applicable laws and rules concerning vehicle equipment. Source: SL 2016, ch 167, §6.
