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 -1- HF2414.2917 (1) 86 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 -3- HF2414.2917 (1) 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 -4- HF2414.2917 (1) 86 ns/nh 4/ 5 #11. #12.
internal references as necessary. 1 ______________________________ PETTENGILL of Benton -5- HF2414.2917 (1) 86 ns/nh 5/ 5