Bill Summaries: S567 (2015-2016 Session)

Tracking:
  • Summary date: Mar 27 2015 - View summary

    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 may not provide required or optional coverage when the driver uses a vehicle in connection with a company's online application or platform.

    Sets out requirements concerning the TNC and its drivers' 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, bodily injury, and property damage as well as $1 million coverage for uninsured motorist coverage; (2) sets out other permissible coverage that the TNC insurance can provide, including coverage not to exceed for $1 million for underinsured motorist coverage; (3) sets out combinations that satisfy the requirements for coverage; (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; and (5) requires that the insurer, in regards to insurance coverage, defends and indemnifies the insured.

    Sets out four requirements concerning the TNC and its drivers' 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 TNC insurance to be primary with coverage of at least $30,000 for death and bodily injury per person, $60,000 for death and bodily injury per accident, and $25,000 for property damage; (2) TNC insurance to also provide underinsured motorist coverage not to exceed for $1 million accident and health insurance as specified and some form of collision insurance; (3) 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; and (4) requires that the insurer, in regards to insurance coverage defends and indemnifies the insured. 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.

    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.

    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.