REGULATE TRANSPORTATION NETWORK SERVICES.

View NCGA Bill Details2015-2016 Session
Senate Bill 414 (Public) Filed Tuesday, March 24, 2015
AN ACT TO REQUIRE FINANCIAL RESPONSIBILITY FOR OPERATORS OF DIGITALLY DISPATCHED PREARRANGED TRANSPORTATION SERVICES.
Intro. by McKissick, Meredith.

Status: Re-ref to Commerce. If fav, re-ref to Insurance (Senate Action) (Mar 30 2015)
S 414

Bill Summaries:

  • Summary date: Mar 25 2015 - More information

    Amends the title of GS Chapter 20, Article 10, to Financial Responsibility of Taxicab Operators and Providers of Digitally Dispatched Prearranged Transportation Services (was, Financial Responsibility of Taxicab Operators). 

    Enacts new GS 20-280.1 concerning requirements for digitally dispatched prearranged transportation, setting out definitions for use in this section, including participating driver or driver, transportation network company (TNC), and transportation network company insurance (TNC insurance). Requires the TNC to disclose in writing to its drivers specified insurance information, including the insurance coverage limits of liability that the TNC provides, and also state that the driver's personal automobile insurance will not provide coverage when the driver uses a vehicle in connection with a company's online application or platform. Requires the TNC to provide direct notice of participation in the transportation network (network) to the driver's personal auto insurance unless that insurer is providing TNC insurance to the driver.

    Sets out requirements concerning the TNC and its' driver's required levels of insurance, providing that the following insurance requirements apply from the time a driver accepts a ride request on the TNC's online-enabled application or platform until the driver completes the transaction on the online-enabled application or platform or until the ride is complete, whichever is later: (1) requires the TNC insurance to be primary with coverage of at least $1 million for death, personal injury, and property damage and sets out how this requirement can be fulfilled; (2) requires the TNC insurance to also provide for $1 million coverage for uninsured motorist coverage and underinsured motorist coverage; (3) requires that the insurer, in regards to insurance coverage indemnify the insured; and (4) provides that a TNC can meet the above obligations by verifying that a driver is maintaining coverage that meets the above coverage amounts and the policy is specifically written for the driver's participation in the network.

    Sets out five requirements concerning the TNC and its driver's required levels of insurance, providing that the following insurance requirements apply from the time a driver logs on to the TNC's online-enabled application or platform until the driver accepts a request to transport a passenger, and from the time the driver completes the transaction on the online-enabled application or platform or the ride is complete, whichever is later, until the driver either accepts another ride request or logs off the online-enabled application or platform, including requiring (1) the NC insurance to be primary with coverage of at least $50,000 for death and personal injury per person, $100,000 for death and personal injury per accident, and $30,000 for property damage; (2) TNC insurance to also provide uninsured and underinsured motorist coverage as required by GS 279-21(b)(3); and (3) that the TNC maintain coverage that provides excess coverage for the TNC and the driver for at least $200,000 per occurrence to cover any liability arising from the use of a vehicle with the TNC's application or platform. Sets out other requirements concerning the above levels of insurance and obligations. Provides guidance in regards to lapsed policies and which policy claims must be filed first. Also provides that the provisions do not limit any liability of the company in regards to claims exceeding the amounts of the required coverage limits.

    Provides that private passenger automobile insurance policies are not affected or required to provide any excess coverage when drivers are logged into an online-enabled application or platform until the driver logs off or the passenger exits the vehicle.

    Prohibits personal automobile insurance from providing coverage, unless expressly providing such coverage during the time outlined by the above provisions. Specifies other limits of personal automobile insurance as well as allowing such insurance to offer liability insurance policy for drivers that participate in the TNC's online-enabled application or platform, with certain limitations and requirements.

    Requires a TNC or its insurer to cooperate with insurers that are involved in a claims coverage investigation, requiring the facilitation and exchange of specified information.

    Prevents the TNC from disclosing to a third party any personally identifiable information about a TNC passenger unless (1) the customer knowingly consents, (2) disclosure is made in accordance with a requirement of state law, and (3) disclosure is made to the Attorney General to investigate a complaint filed against the TNC or a driver and the Attorney General treats the information as confidential.

    Sets out requirements for carrying proof of insurance coverage and requires the provision of this information in the event of an accident.

    Effective July 1, 2015.  


  • Summary date: Mar 24 2015 - More information

    To be summarized.


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