§17-29-1. Definitions
As used in this article: (1) "Personal vehicle" means a vehicle that is:
§17-29-10. Automobile Insurance Provisions
(a) Insurers that write automobile insurance in this state may exclude any and all 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 digital network or while a driver provides a […]
§17-29-11. Limitation on Transportation Network Companies
(a) Drivers are independent contractors and not employees of the transportation network company if all of the following conditions are met: (1) The transportation network company does not prescribe specific hours during which a transportation network company driver must be logged into the transportation network company’s digital network;
§17-29-12. Zero Tolerance for Drug or Alcohol Use
(a) The transportation network company shall implement a zero tolerance policy regarding a transportation network company driver’s activities while accessing the transportation network company’s digital network. The zero tolerance policy shall address the use of drugs or alcohol while a transportation network company driver is providing prearranged rides or is logged into the transportation network […]
§17-29-13. Transportation Network Company Driver Requirements
(a) Before allowing an individual to accept trip requests through a transportation network company’s digital platform: (1) The individual shall submit an application to the transportation network company, which includes information regarding his or her address, age, driver’s license, motor vehicle registration, automobile liability insurance and other information required by the transportation network company;
§17-29-14. Vehicle Safety and Emissions
The transportation network company shall require any motor vehicle that a transportation network company driver will use to provide transportation network company services to meet the inspection requirements of section four, article sixteen, chapter seventeen-c of this code or the inspection requirements for a private motor vehicle of the state in which the motor vehicle […]
§17-29-15. No Street Hails
A transportation network company driver may not solicit or accept street hails.
§17-29-16. No Cash Trips
The transportation network company shall adopt a policy prohibiting solicitation or acceptance of cash payments from riders and notify transportation network company drivers of such policy. Transportation network company drivers may not solicit or accept cash payments from riders. Any payment for prearranged rides shall be made only electronically using the transportation network company’s digital […]
§17-29-17. No Discrimination; Accessibility
(a) The transportation network company shall adopt a policy of nondiscrimination with respect to riders and potential riders and notify transportation network company drivers of such policy: Provided, That no provision of this article may be construed to require that the policy of nondiscrimination with respect to riders and potential riders be more stringent than […]
§17-29-18. Records
A transportation network company shall maintain the following customer records: (a) Individual trip records of rider customers for at least two years from the date each trip was provided; and (b) Individual records of transportation network company driver customers at least until the two year anniversary of the date on which a transportation network company […]
§17-29-19. Controlling Authority
(a) Notwithstanding any provision of chapter twenty-four or any other provision of this code to the contrary, the regulation of the business activities of transportation network companies and transportation network company drivers is governed exclusively by this article. (b) Taxation. — No municipality, county or other local governmental entity or special district may impose a […]
§17-29-2. Not Other Carriers
Transportation network companies or transportation network company drivers are not common carriers by motor vehicle or contract carriers by motor vehicle, or motor carriers, as defined in section two, article one, chapter twenty-four-a of this code, nor do they provide taxicab or for-hire vehicle services.
§17-29-3. Transportation Network Company Permit Required
(a) A person may not operate a transportation network company in West Virginia without first having obtained a permit from the Division of Motor Vehicles. (b) The Division of Motor Vehicles shall issue a permit to each applicant that: (1) Provides proof of an agent for service of process in the State of West Virginia […]
§17-29-4. Agent
A transportation network company shall maintain an agent for service of process in this state.
§17-29-5. Fare Collected for Services
On behalf of a transportation network company driver, a transportation network company may charge a fare for the services provided to riders: Provided, that if a fare is collected from a rider, the transportation network company shall disclose to the rider the fare calculation method on its website or within the software application service. The […]
§17-29-6. Identification of Transportation Network Company Vehicles and Drivers
The transportation network company’s software application or website shall display a picture of the transportation network company driver and the license plate number of the motor vehicle utilized for providing the prearranged ride before the rider enters the transportation network company driver’s vehicle.
§17-29-7. Electronic Receipt
Within a reasonable period of time following the completion of a prearranged ride, a transportation network company shall transmit an electronic receipt to the rider on behalf of the transportation network company driver that lists: (a) The origin and destination of the prearranged ride; (b) The total time and distance of the prearranged ride; and […]
§17-29-8. Financial Responsibility of Transportation Network Companies
(a) On or before July 1, 2016, and thereafter, a transportation network company driver or transportation network company on the driver’s behalf shall maintain primary automobile insurance that recognizes that the driver is a transportation network company driver or otherwise uses a vehicle to transport passengers for compensation and covers the driver: (1) While the […]
§17-29-9. Disclosures
The transportation network company shall disclose in writing to transportation network company drivers the following before they are 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 for each coverage that the transportation network company provides […]