House
File
2414
H-8068
Amend
House
File
2414
as
follows:
1
1.
Page
1,
line
22,
by
striking
<
hire
>
and
2
inserting
<
hire,
or
a
shared
expense
carpool
or
vanpool
3
arrangement
>
4
2.
Page
2,
after
line
15
by
inserting:
5
<
Sec.
___.
NEW
SECTION
.
321N.2
Exclusions
——
6
driver
requirements.
7
1.
A
transportation
network
company,
a
8
transportation
network
company
driver,
or
a
personal
9
vehicle
used
to
provide
a
prearranged
ride
is
not
a
10
motor
carrier
as
defined
in
section
325A.1,
private
11
carrier
as
defined
in
section
325A.1,
charter
carrier
12
as
defined
in
section
325A.12,
or
common
carrier.
13
2.
Prior
to
permitting
an
individual
to
act
14
as
a
transportation
network
company
driver
on
a
15
transportation
network
company’s
digital
network,
the
16
company
shall
do
all
of
the
following:
17
a.
Require
the
individual
to
submit
an
application
18
to
the
company
with
the
individual’s
name,
address,
19
and
age,
and
with
copies
of
the
individual’s
driver’s
20
license,
the
registration
for
the
personal
vehicle
the
21
individual
will
use
to
provide
prearranged
rides,
proof
22
of
financial
responsibility
covering
the
driver
in
the
23
types
and
amounts
required
by
section
321N.3,
and
any
24
other
information
required
by
the
company.
25
b.
Conduct,
or
instruct
a
third
party
to
conduct,
26
a
local
and
national
criminal
background
check
on
the
27
individual
and
a
search
of
the
national
sex
offender
28
registry
database
for
the
individual.
29
c.
Obtain
and
review
a
driving
history
research
30
report
on
the
individual.
31
3.
A
transportation
network
company
shall
not
32
knowingly
allow
an
individual
to
act
as
a
driver
on
33
the
company’s
digital
network
if
any
of
the
following
34
apply:
35
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ns/nh
1/
5
#1.
#2.
a.
The
individual
has
been
convicted
of
more
than
1
three
moving
violations.
2
b.
The
individual
has
been
convicted
of
violating
3
section
321.218,
321.277,
or
321J.21,
or
section
4
321A.32,
subsection
1,
in
the
prior
three-year
period.
5
c.
The
individual
has
been
convicted
in
the
prior
6
seven-year
period
of
a
felony,
of
violating
section
7
321J.2
or
321J.2A,
or
of
any
crime
involving
resisting
8
law
enforcement,
dishonesty,
injury
to
another
person,
9
damage
to
the
property
of
another
person,
or
operating
10
a
vehicle
in
a
manner
that
endangers
another
person.
11
d.
The
individual
is
registered
on
the
national
sex
12
offender
registry.
13
e.
The
individual
is
unable
to
provide
any
14
information
required
by
this
section.
15
4.
A
transportation
network
company
shall
adopt
and
16
enforce
a
zero
tolerance
policy
prohibiting
the
use
of
17
drugs
or
alcohol
by
a
transportation
network
company
18
driver
while
the
driver
is
providing
a
prearranged
ride
19
or
is
logged
on
to
the
company’s
digital
network
and
20
available
to
receive
requests
for
transportation
from
21
potential
riders.
The
policy
shall
include
provisions
22
providing
for
the
investigation
of
alleged
violations
23
of
the
policy
and
the
suspension
of
drivers
under
24
investigation.
25
5.
A
transportation
network
company
shall
require
26
that
a
personal
vehicle
used
to
provide
prearranged
27
rides
shall
comply
with
all
applicable
motor
vehicle
28
equipment
requirements.
>
29
3.
Page
2,
line
16,
by
striking
<
321N.2
>
and
30
inserting
<
321N.3
>
31
4.
Page
3,
line
5,
after
<
accident.
>
by
inserting
32
<
If
there
is
a
lien
on
the
personal
vehicle
used
by
the
33
driver
while
the
driver
is
logged
on
to
a
company’s
34
digital
network
and
is
available
to
receive
requests
35
-2-
HF2414.2917
(1)
86
ns/nh
2/
5
#3.
for
a
prearranged
ride,
primary
automobile
insurance
1
maintained
pursuant
to
paragraph
“c”
shall
also
include
2
comprehensive
physical
damage
coverage
and
collision
3
physical
damage
coverage.
>
4
5.
Page
3,
line
21,
after
<
accident.
>
by
inserting
5
<
If
there
is
a
lien
on
the
personal
vehicle
used
by
the
6
driver
while
the
driver
is
engaged
in
a
prearranged
7
ride,
primary
automobile
insurance
maintained
pursuant
8
to
paragraph
“c”
shall
also
include
comprehensive
9
physical
damage
coverage
and
collision
physical
damage
10
coverage.
>
11
6.
Page
4,
line
33,
by
striking
<
321N.3
>
and
12
inserting
<
321N.4
>
13
7.
Page
5,
line
12,
by
striking
<
321N.4
>
and
14
inserting
<
321N.5
>
15
8.
Page
6,
line
18,
by
striking
<
potentially
>
16
9.
Page
6,
lines
26
and
27,
by
striking
<
that
17
resulted
in
the
claim
>
18
10.
Page
6,
after
line
30
by
inserting:
19
<
Sec.
___.
Section
325A.1,
subsections
6,
7,
and
20
13,
Code
2016,
are
amended
to
read
as
follows:
21
6.
“Motor
carrier”
means
a
person
defined
in
22
subsection
8,
9,
or
10
,
but
does
not
include
a
23
transportation
network
company
or
a
transportation
24
network
company
driver,
as
defined
in
section
321N.1
.
25
7.
“Motor
carrier
certificate”
means
a
certificate
26
issued
by
the
department
to
any
person
transporting
27
passengers
on
any
highway
of
this
state
for
hire
,
28
other
than
a
transportation
network
company
or
a
29
transportation
network
company
driver,
as
defined
in
30
section
321N.1
.
This
certificate
is
transferable.
31
13.
“Private
carrier”
means
a
person
who
provides
32
transportation
of
property
or
passengers
by
motor
33
vehicle,
is
not
a
for-hire
motor
carrier
or
a
34
transportation
network
company
or
a
transportation
35
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86
ns/nh
3/
5
#5.
#6.
#7.
#8.
#9.
#10.
network
company
driver,
as
defined
in
section
321N.1
,
1
or
who
transports
commodities
of
which
the
person
is
2
the
owner,
lessee,
or
bailee
and
the
transportation
3
is
a
furtherance
of
the
person’s
primary
business
or
4
occupation.
5
Sec.
___.
Section
325A.11,
Code
2016,
is
amended
to
6
read
as
follows:
7
325A.11
Passenger
transportation.
8
In
addition
to
the
requirements
of
subchapter
1
,
9
motor
carriers
of
passengers
and
charter
carriers
shall
10
comply
with
the
requirements
of
this
subchapter
.
A
11
transportation
network
company
or
a
transportation
12
network
company
driver,
as
defined
in
section
321N.1,
13
need
not
comply
with
the
requirements
of
subchapter
1
14
or
this
subchapter.
15
Sec.
___.
Section
325A.12,
subsection
3,
Code
2016,
16
is
amended
by
adding
the
following
new
paragraph:
17
NEW
PARAGRAPH
.
e.
A
transportation
network
company
18
or
a
transportation
network
company
driver,
as
defined
19
in
section
321N.1.
20
Sec.
___.
Section
327D.1,
Code
2016,
is
amended
to
21
read
as
follows:
22
327D.1
Applicability
of
chapter.
23
This
chapter
applies
to
intrastate
transportation
24
by
for-hire
common
carriers
of
persons
and
property.
25
However,
this
chapter
does
not
apply
to
regular
route
26
motor
carriers
of
passengers
or
charter
carriers,
as
27
defined
under
section
325A.12
,
or
a
transportation
28
network
company
or
a
transportation
network
company
29
driver,
as
defined
in
section
321N.1
.
>
30
11.
Page
6,
line
32,
by
striking
<
321N.2
>
and
31
inserting
<
321N.3
>
32
12.
Page
6,
line
34,
by
striking
<
321N.2
>
and
33
inserting
<
321N.3
>
34
13.
By
renumbering,
redesignating,
and
correcting
35
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(1)
86
ns/nh
4/
5
#11.
#12.
internal
references
as
necessary.
1
______________________________
PETTENGILL
of
Benton
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HF2414.2917
(1)
86
ns/nh
5/
5