AB 445 — Revises provisions governing transportation network companies. (BDR 57-1027)

(ReprintedAssembly withBill amendmentsNo. adopted on April 20, 2017) FIRST REPRINT A.B.

445445–Assemblyman ASSEMBLYWatkins BCHAPTER.......... ILLN O.

445–A SSEMBLYMAN W ATKINS M ARCH 27, 2017 ____________ Referred to Committee on Transportation SUMMARY—Revises provisions governing transportation network companies.

(BDR 57-1027) FISCAL NOTE:

Effect on Local Government:

Increases or Newly Provides for Term of Imprisonment in County or City Jail or Detention Facility.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

(NRS 485.185) Existing law additionally provides various other requirements on motor vehicle insurance, insuranceincluding becauseprohibiting ofan ainsurer convictionfrom ofincreasing a violation of the speedrates limitfor andmotor prohibitingvehicle an insurer from cancelling or refusing to renew a policy of insurance for thatthatiting reason.

(NRS 690B.028) Section 1 of this bill prohibits an insurer from denying a claim that arises under a policy of motor vehicle insurance for any accident or motor vehicle crash that occurs during the personal use of the motor vehicle transportationbecause networkthe company.rinsured, claimant or group of insured or claimants is a driver for a Existing law requires a transportation network companycompany. or a driver for a transportation network company to provide transportation network company - *AB445_R1* – 2 – insurance, which may include coverage for medical payments.

transportation network company to provide transportation network companyor a insurance, which may include coverage for medical payments.

and (2) requires transportation occupantnetwork ofcompany theinsurance motorto vehicle.rovideprovide for the medical payments coverage of any Existingoccupant lawof prohibits a driver for a transportation network company from, at the timemotor thevehicle. driver picks up a passenger, refusing or neglecting to provide transportation services to any orderly passenger.

(NRSthe 706A.280)time Sectionthe 5driver ofpicks thisup bill prohibits a driverpassenger, forrefusing aor transportationneglecting networkto companyprovideom, from,at after accepting a the transportation networkservices company, refusing to completeany theorderly transportationationpassenger. of services.

(NRS 706A.280) Section 5 of this bill prohibits a driver for a transportation network company from, after accepting a passenger for transportation through the digital network or software application of the transportation network company, refusing to complete the transportation services.

- 79th Session (2017) – 2 – EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Every transportation network company or driver shall continuously provide, during any period in which the driver is providing transportation services, transportation network company insurance provided by an insurance company licensed by thethecompany Division of Insurance of the Department of Business and Industry and approved to do business in this State or a broker licensed - *AB445_R1* – 3 – pursuant to chapter 685A of NRS or procured directly from a nonadmitted insurer, as defined in NRS 685A.0375:

- 79th Session (2017) – 3 – [(b)] (2) In an amount of not less than $50,000 for bodily injury to or death of one person in any one accident or motor vehicle crash that occurs while the driver is logged into the digital network or software application service of the transportation network company not otherwise providing transportation services;tion services but is [(c)] (3) Subject to the minimum amount for one person required by paragraph (b), in an amount of not less than $100,000 for bodily injury to or death of two or more persons in any one accident or motor vehicle crash that occurs while the driver is logged into the digital network or software application service of the transportation network company and available to receive requests for transportation services but is not otherwise providing transportation services;

[(c)] (3) Subject to the minimum amount for one person required by paragraph (b), in an amount of not less than $100,000 for bodily injury to or death of two or more persons in any one accident or motor vehicle crash that occurs while the driver is logged into the digital network or software application service of the transportation network company and available to receive requests for transportation services but is not otherwise providing transportation services;

or (2) Logged into the digital network or software application service of the transportation network company and available to receive requests for transportation services but is not otherwise providing[¬ transportationfor services.the payment of tort liabilities arising from the maintenance or use of the motor vehicle.] 2.

[¬ for the payment of tort liabilities arising from the maintenance or use of the motor vehicle.] 2.

- *AB445_R1* – 4 – 3.

Every transportation network company shall continuously provide, during any period in which the driver is providing transportation services, transportation network company insurance provided by an insurance company licensed by the Division of Insurance of the Department of Business and Industry and approved to do business in this State or a broker licensed pursuant to chapter 685A of NRS or procured directly from a nonadmitted insurer, as defined in NRS 685A.0375, which meets the requirements of - 79th Session (2017) – 4 – subsection 1 as primary insurance if the insurance provided by the driver:

4.485.186 which require the owner or operator of a motor vehicle to provide insurance, transportation network company insurance shall be deemed to satisfy the requirements of NRS 485.185 or 485.186, as appropriate, regardless of whether the insurance is provided by the transportation network company or the driver, or both, if the transportation network company insurance otherwise satisfies the requirements of NRS 485.185 or 485.186, as appropriate.

Notwithstanding the provisions of NRS 485.185 and 485.186 which require the owner or operator of a motor vehicle to provide insurance, transportation network company insurance shall be deemed to satisfy the requirements of NRS 485.185 or 485.186, as appropriate, regardless of whether the insurance is provided by the transportation network company or the driver, or both, if the transportation network company insurance otherwise satisfies the requirements of NRS 485.185 or 485.186, as appropriate.

An insurer who provides transportation network company insurance which includes comprehensive coverage or collision coverage for the operation of a motor vehicle against which a lienholdersuch holdscoverage:ds a lien shall issue any payment for a claim under such(a) coverage:Directly to the person who performs repairs upon the vehicle;

(a) Directly to the person who performs repairs upon the vehicle;

- *AB445_R1* – 5 – 10.

Sec.Secs.

3.3 and 4.

(Deleted by amendment.) - 79th Session (2017) – 5 – Sec.

4.

(Deleted by amendment.) Sec.

(b) Convey or attempt to convey any passenger to a destination otheroth(c) thanTake a longer route to the onepassenger’s directeddestination than is necessary, unless specifically requested to do so by the passenger.

(c) Take a longer route to the passenger’s destination than is necessary, unless specifically requested to do so by the passenger.

Sec.Secs.

6.6-8.

7.