Page 1, line 18, strike "January 31" insert "February 29"
Line 21, after "application"
insert "to be a driver"
Page 2, line 26, strike "January 31" insert "February 29"
Lines 30 and 31, strike "as a transportation network company vehicle"
Line 33, after "application"
insert "to be a driver"
Line 38, strike "specifically"
insert "expressly"
Page 7, line 32, after the second "the" insert "insured's"
Line 38, after "application"
insert "to be a driver"
Line 41, strike "41‑2051"
insert "41‑2138"
Page 9, line 33, strike "41‑2051" insert "41‑2138"
Page 14, lines 21, 23 and 25, strike "41‑2051" insert "41‑2138"
Page 17, line 1, strike "January 31" insert "February 29"
Line 3, after "application"
insert "to be a driver"
After line 42, insert:
"Sec. 6. Heading change
The article heading of title 28, chapter 9, article 2, Arizona
Revised Statutes, is changed from "MOTOR CARRIER FINANCIAL
RESPONSIBILITY" to "TRANSPORTATION FINANCIAL
RESPONSIBILITY"."
Renumber to conform
Page 18, line 28, after "section" insert "28‑4038 or"; after "28‑4039" insert
", as applicable"
Page 19, line 27, strike the first comma insert
"and"; strike "and 28‑4040"
Line 29, after "requirements" insert "; survey"
Line 30, after "A."
insert "for a transportation
network company that requires a transportation network company driver to accept
rides that are booked and paid for exclusively through the transportation
network company's digital network or software application and"
Page 19, line 32, strike "and is available to provide transportation network"
Line 33, strike the first "services" insert "to be a driver"
Line 35, strike "January
31" insert "March
1"
Line 40, strike the period insert a comma
Page 20, line 1, strike "January 30" insert "February 29"
Line 5, strike the period insert a comma
Line 8, after "accident"
insert a period
Line 13, after "application"
insert "to be a driver"
Line 16, after "A"
insert "COMMERCIAL";
after "policy"
insert a period and strike remainder of line
Strike line 17
Line 18, after "B."
insert "for a transportation
network company that requires a transportation network company driver to accept
rides that are booked and paid for exclusively through the transportation
network company's digital network or software application and"
Line 22, after "primary"
insert "commercial"
Line 26, after "2." insert "commercial"; strike "and underinsured"
Between lines 27 and 28, insert:
"C. For
a transportation network company that does not require a transportation network
company driver to accept rides booked and paid for exclusively through a
transportation network company's digital network or software application and
during the time in which the transportation network company driver is logged in
to the transportation network company's digital network or software application
to be a driver, either the transportation network company driver or the
transportation network company shall maintain the following insurance
coverages:
1. During
the time in which the driver is available to provide passenger transportation,
but has not accepted a ride request and is not in the act of providing
passenger transportation, primary commercial motor vehicle liability insurance
coverage in the amount of twenty‑five thousand dollars because of bodily
injury to or death of any one person in any one accident, subject to the limit
for one person, fifty thousand dollars because of bodily injury to or death of
two or more persons in any one accident and twenty thousand dollars because of
injury to or destruction of property of others in any one accident.
2. After the
driver has accepted a ride request through any communication, including a
street hail, and during the time in which the driver is providing passenger
transportation:
(a) Primary commercial motor vehicle
liability insurance in a minimum amount of two hundred fifty thousand dollars
per incident.
(b) Commercial Uninsured motorist
coverage in a minimum amount of two hundred fifty thousand dollars per
incident."
Reletter to conform
Page 20, line 28, strike "January 30" insert "February 29"; after the second comma
insert "unless an insurance policy
expressly provides coverage or contains an amendment or endorsement that
expressly provides coverage,"
Line 30, after "policy"
insert "shall not be required to";
strike "no";
strike "motor"
insert "transportation network
company"
Line 33, after "application"
insert "to be a driver"
Line 34, after "services"
insert a period and strike remainder of line
Strike line 35
Line 36, strike "C" insert "D"
Line 37, strike "while"
insert "for the period during
which"
Line 38, after "application"
insert "to be a driver"
Page 21, line 5, after "while" insert "logged in to a transportation network company's digital network or software application to
be a driver or is"
Line 8, strike "information"
Line 9, after "accident"
strike remainder of line
Line 10, strike "network
company vehicle"
Line 14, strike "under
section 28‑4040" insert "as prescribed in this section"
Line 21, strike "January
30" insert "February
29"
Line 25, strike the first "the" insert "a transportation network company"
Line 26, after "application"
insert "to be a driver"
Page 21, between lines 31 and
32, insert:
"J. The department of insurance, as part of its
annual survey of insurance companies, may request information from any property
and casualty insurer authorized to write private passenger motor vehicle
coverage in this state, including information regarding:
1. Whether
the insurer offers for purchase a policy or an endorsement or amendment that
covers transportation network company drivers while the driver is logged in to
a transportation network company's digital network or software application to
be a driver or is providing transportation network services.
2. The
number of those policies, endorsements or amendments that have been purchased
during the reporting period.
3. The
number of those policies, endorsements or amendments that have been canceled
during the reporting period."
Line 32, after "livery" insert "vehicle"
Line 33, strike "A
taxi, livery vehicle or limousine may maintain" insert
"A."
Line 34, after "insurance"
insert "for a taxi,
livery vehicle or limousine may be maintained"
Strike line 38
Line 39, strike "limousine
company, or both, shall provide"; after "primary" insert "commercial"
Line 45, after "accident"
strike remainder of line insert ". This
policy may be maintained by either the driver or the company."
Page 22, strike lines 1 through 6
Line 8, strike ",
including a street hail,"
Line 11, strike ",
or both,"
Line 13, after "primary"
insert "commercial"
Line 15, after "(b)" insert "commercial"; strike "and underinsured"
Strike lines 17 through 45, insert:
"B. A
taxi, livery vehicle or limousine driver shall carry proof of insurance in the
vehicle at all times while providing transportation services. If an
accident occurs involving a taxi, livery vehicle or limousine, the taxi, livery
vehicle or limousine driver shall provide proof of insurance to the parties
involved in the accident at the time of the accident. The taxi, livery vehicle
or limousine driver shall also notify the taxi, livery vehicle or limousine
company of the accident.
C. In a
claims coverage investigation, a taxi, livery vehicle or limousine company and
any insurer providing coverage as prescribed in this section shall fully
cooperate in the exchange of information and shall disclose to each other a
clear description of the coverage, exclusions and limits provided under any
insurance policy that each party issued or maintained."
Strike pages 23 through 26
Page 27, strike lines 1 through 6
Renumber to conform
Line 10, after "preemption" insert "; definitions"
Line 11, before "The" insert "A."
Between lines 23 and 24, insert:
"B. For
the purposes of this section, "transportation network company" and
"Transportation network company vehicle" have the same meanings
prescribed in section 41‑2138."
Lines 31 and 32, strike "available for inspection at all times by the department
written evidence of" insert "available for inspection
at all times by the department written evidence of"
Line 33, strike "of" insert "for"
Page 28, line 6, strike "department" insert "owner"
Line 7, after "years"
insert "and make the records
available to the department on request"
Line 25, after "violated"
insert "the policy required by"
Line 29, after "owner"
insert "and make the records
available to the department on request"
Page 28, between lines 32 and
33, insert:
"START_STATUTE41-2138. Definitions
In this article, unless the context otherwise requires:
1. "Digital network or software
application" means any online‑enabled application, software, website
or system that is offered or used by a transportation network company and that
enables a potential passenger to arrange a ride with a transportation network
company driver.
2. "Limousine"
means a motor vehicle providing prearranged ground transportation service for
an individual passenger, or a group of passengers, that is arranged in advance
or is operated on a regular route or between specified points and includes
ground transportation under a contract or agreement for services that includes
a fixed rate or time and is provided in a motor vehicle with a seating capacity
not exceeding fifteen passengers, including the driver.
3. "Livery
vehicle" means a motor vehicle that:
(a) Has a seating capacity not
exceeding fifteen passengers, including the driver.
(b) Provides passenger services for
a fare determined by a flat rate or flat hourly rate between geographic zones
or within a geographic area.
(c) Is available for hire on an
exclusive or shared‑ride basis.
(d) May do any of the following:
(i) Operate on a regular route or
between specified places.
(ii) Offer prearranged ground
transportation service as defined in section 28‑141.
(iii) Offer on demand ground
transportation service pursuant to a contract with a public airport, licensed
business entity or organization.
4. "Person"
means both the plural and the singular, as the case demands, and includes
individuals, partnerships, corporations, companies, societies and associations.
5. "Taxi"
means a motor vehicle that has a seating capacity not exceeding fifteen
passengers, including the driver, that is registered as a taxi in this state or
any other state, that provides passenger services and that:
(a) Does
not primarily operate on a regular route or between specified places.
(b) Offers
local transportation for a fare determined on the basis of the distance
traveled or prearranged ground transportation service as defined in section 28‑141
for a predetermined fare.
6. "Trade
dress" means a removable and distinct logo, insignia or emblem attached to
or visible from the exterior of a transportation network company vehicle during
the performance of transportation network services.
7. "Transportation
network company" means an entity that has been issued a permit pursuant to
this article, that operates in this state, that uses a digital network or
software application to connect passengers to transportation network services
provided by transportation network company drivers and that may but is not
deemed to own, operate or control a personal motor vehicle of a transportation
network company driver. Transportation network company does not include the
following:
(a) This state or a county, city,
town or political subdivision of this state and any related entity, a nonprofit
agency or any other public body that coordinates, operates, promotes or
sponsors public transportation, carpool or vanpool services.
(b) A program that is in place to
meet federal air quality standards pursuant to section 49-404.
(c) Any individual, company or
activity that meets the requirements of a rental car agent or rental company as
defined in section 20-331 if all of the following apply:
(i) Transportation is provided to
another person or is arranged by the rental company but provided by another
person.
(ii) The route is predetermined.
(iii) Any money exchanged between the
provider of the transportation and the recipient does not exceed the cost of
providing the transportation.
8. "Transportation
network company driver" means an individual who receives connections to
potential passengers and related services from a transportation network company
in exchange for payment of a fee to the transportation network company and who
operates a motor vehicle that is both of the following:
(a) Owned, leased or otherwise
authorized for use by the individual.
(b) Used to provide transportation
network services.
9. "Transportation
network company vehicle" means a motor vehicle that meets all of the
following:
(a) Has a seating capacity not
exceeding eight passengers, including the driver.
(b) Is authorized by a transportation
network company.
(c) Is used by a transportation
network company driver to provide transportation network services.
10. "Transportation
network services" means the transportation of a passenger between points
chosen by the passenger and arranged with a transportation network company
driver through the use of a transportation network company's digital network or
software application beginning when a transportation network company driver
accepts a request for transportation network services received through the
transportation network company's digital network or software application,
continuing while the transportation network company driver provides
transportation network services in a transportation network company vehicle and
ending when the passenger exits the transportation network company vehicle or
when the trip is canceled." END_STATUTE
Page 28, line 35, strike "operate a" insert "act as a transportation network company driver in this state
unless the"; strike "in this"
Line 36, strike "state
without a permit"
insert "has been";
after "issued"
insert "a permit"
Line 41, strike "the"
insert "a"
Page 29, between lines 2 and 3, insert:
"E. A
transportation network company shall be regulated pursuant to this article and
not as a taxi, livery vehicle or limousine service."
Page 29, line 5, after "company" insert "driver"
Line 7, after "charged"
insert "through a digital network
or software application"
Line 11, strike "application"
insert "applicable";
after "charged"
insert "through a digital network
or software application"
Line 14, strike the comma insert "through"
Line 15, after "application"
insert ", the digital network or
software application"
Line 19, after "trip"
insert "arranged through a digital
network or software application"
Page 30, line 4, after "company" insert "and make the records AVAILABLE to the department on request"
Between lines 38 and 39, insert:
"C. A
transportation network company or its agent shall maintain records of the
criminal background check conducted on behalf of each transportation network
company driver and make the records available to the department on request."
Line 41, after "booked"
insert "and paid for"
Line 44, strike "on"
insert "against"
Page 31, line 5, strike "28-4039" insert "28-4038, subsection C"
Line 10, after "ended"
insert "and shall make the records
available to the department on request"
Between lines 17 and 18, insert:
"START_STATUTE41‑2139.06. Transportation network company disclosures; insurance
proceeds
A. A
transportation network company shall disclose to its transportation network
company drivers, in writing or in an electronic format, the following
information before the drivers may accept a request for transportation network
services on the transportation network company's digital network or software
application:
1. The insurance coverage and limits of liability
that the transportation network company provides while the transportation
network company driver uses a transportation network company vehicle in
connection with the transportation network company's digital network or
software application.
2. That the transportation network company
driver's own insurance policy might not provide coverage while the transportation
network company driver uses a transportation network company vehicle in
connection with the transportation network company's digital network or
software application, depending on its terms.
3. That
the transportation network company driver's use of a vehicle that has a lien
against it to provide transportation network services for the transportation
network company might violate the terms of the transportation network company
driver's contract with the driver's lienholder.
B. The
disclosures required by subsection A of this section shall be placed in the
prospective transportation network company vehicle owner's written terms of
service.
C. If a
transportation network company's insurer makes a payment for a claim covered
under comprehensive coverage or collision coverage, the transportation network
company shall cause its insurer to issue the payment directly to the business
repairing the vehicle or jointly to the owner of the vehicle and the primary
lienholder on the covered vehicle.END_STATUTE"
Page 31, line 30, strike "41‑2051" insert
"41‑2138"
Page 33, line 2, after
"insurance" insert "immediately"
Lines 5 and 6, strike "41‑2051" insert
"41‑2138"
Line 8, strike
"41-2051" insert "41-2138"; after "that" insert
"at least two of"
Line 9, strike "January
31" insert "March 1"
After line 9, insert:
"Sec. 14. Exemption from rulemaking
For the purposes of this act, the department of weights and
measures or the department of transportation, as applicable, is exempt from the
rulemaking requirements of title 41, chapter 6, Arizona Revised Statutes, until
March 1, 2016.
Sec. 15. Statutory revision; legislative council
If the department of transportation succeeds to the authority,
powers, duties and responsibility of the department of weights and measures
relating to the regulation of taxis, livery vehicles and limousines, the
legislative council staff shall transfer and renumber title 41, chapter 15,
article 8, Arizona Revised Statutes, for placement in title 28, Arizona Revised
Statutes, as applicable."
Amend title to conform
Bill
Number: H.B. 2135