Nevada 2021 Regular Session Status: Enacted

SB 288 — Revises provisions relating to transportation network companies. (BDR 58-935)

Last action — Chapter 550.

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    Introduced
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    Passed Assembly
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    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 22, 2021. Enacted.

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Bill Text

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(Reprinted with amendments adopted on April 20, 2021) FIRST REPRINT S.B.
Senate Bill No.
288 SENATE BILL NO .
288–Senator D.
288–SENATOR D.
Harris CHAPTER..........
HARRIS M ARCH 22, 2021 ____________ Referred to Committee on Growth and Infrastructure SUMMARY—Revises provisions relating to transportation network companies.
(BDR 58-935) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
LegExisting law provides for the permitting and regulation of transportation network companies by the Nevada Transportation Authority.
LegiExisting law provides for the permitting and regulation of transportation network companies by the Nevada Transportation Authority.
(NRS 706.050) This bill companies for the purpose of authorizing a monitored autonomous vehicle provider to provide transportation services to a passenger through the digital network or software application of a transportation network company in the same manner and generally subject to the same requirements as a driver.
(NRS 706.050) This bill revises various provisions of existing law governing transportation network companies for the purpose of authorizing a monitored autonomous vehicle provider software application of a transportation network company in the same manner andr generally subject to the same requirements as a driver.
- *SB288_R1* – 2 – mean an autonomous vehicle in which a safety engineer is physically present at all times during the operation of the vehicle to ensure the safety of such operations.
Section 2 of this bill defines “monitored autonomous vehicle” generally to mean an autonomous vehicle in which a monitored autonomous vehicle monitor is physically present at all times during the operation of the vehicle.
Section 2.5 of this bill defines “monitored autonomous vehicle monitor” to mean a person present at all times during the operation of the vehicle to ensure:
(1) the safety of such operations;
and (2) that the monitored autonomous vehicle complies with the applicable motor vehicle laws and traffic laws of this State.
and (2) enters into an agreement with a transportation network company to receive connections to potential passengers and related services from the transportation network company in exchange for the payment of a fee to the transportation network company.
and (2) enters into an agreement with a transportation network company to receive connections to potential passengers and related services from the transportation network company in exchange for the paymSection 5 of this bill authorizes a transportation network company to enter into an agreement with one or more monitored autonomous vehicle providers to receive connections to potential passengers from the company in exchange for the payment of a fee to the company.
Section 5 of this bill authorizes a transportation network company to enter into connections to potential passengers from the company in exchange for the payment of a fee to the company.
Section 5 also provides that a monitored autonomous vehicle monitor employed by a monitored autonomous vehicle provider who has entered into such an agreement is authorized to accept compensation for his or her - 81st Session (2021) – 2 – services only from the monitored autonomous vehicle provider by which he or she is employed.
Section 5 also provides that a safety engineer employed by a monitored autonomous vehicle provider who has entered into such an agreement is authorized to accept compensation for his or her services only from the monitored autonomous vehicle provider by which he or she is employed.
Section 5.5 of this bill provides that a monitored autonomous vehicle provider is liable in tort for any damages arising out of the provision of transportation services in the same manner as a driver.
Section 13.3 of this bill provides that the provisions of this bill relating to monitored autonomous vehicle providers and monitored autonomous vehicles do not apply to an autonomous vehicle network company or a fully autonomous vehicle operated by such a company.
Section 13.3 of this bill provides that the provisions of this bill relating to not apply to an autonomous vehicle network company or a fully autonomous do vehicle operated by such a company.
Section 13.6 of this bill provides that a provider is not a commercial vehicle.
Section 13.6 of this bill provides that a monitored autonomous vehicle operated by a monitored autonomous vehicle provider is not a commercial vehicle.
by a monitored autonomous vehicle Section 14 of this bill prohibits, with certain exceptions, a transportation network company from controlling, directing or managing a monitored autonomous vehicle provider or a monitored autonomous vehicle operated by such a provider.
Section 14 of this bill prohibits, with certain exceptions, a transportation network company from controlling, directing or managing a monitored autonomous vehicle provider or a monitored autonomous vehicle operated by such a provider.
Section 15 of this bill authorizes a transportation network company that holds a permit issued by the Authority to take certain actions with respect to a monitored the definitions of “transportation network company” and “transportation services”e to reflect the authority of a monitored autonomous vehicle provider to provide transportation services pursuant to an agreement with a transportation network company.
Section 15 of this bill authorizes a transportation network company that holds a permit issued by the Authority to take certain actions with respect to a monitored autonomous vehicle provider.
Section 19 of this bill requires a transportation network company to maintain certain records concerning accidents and other incidents involving monitored autonomous vehicle providers.
Sections 12 and 13 of this bill, respectively, revise the definitions of “transportation network company” and “transportation services” to reflect the authority of a monitored autonomous vehicle provider to provide transportation services pursuant to an agreement with a transportation network compSection 19 of this bill requires a transportation network company to maintain certain records concerning accidents and other incidents involving monitored autonomous vehicle providers.
Section 19.6 of this bill requires a concerning motor vehicle crashes involving monitored autonomous vehiclety providers.
Section 19.6 of this bill requires a transportation network company to submit certain reports to the Authority concerning motor vehicle crashes involving monitored autonomous vehicle providers.
Section 16 of this bill revises provisions of existing law governing fares charged by a transportation network company for the purpose of authorizing a transportation network company to charge a fare for transportation services (NRS 706A.170) Section 16.5 of this bill imposes certain requirements relating to the condition and inspection of a monitored autonomous vehicle used to provide transportation services.
Section 16 of this bill revises provisions of existing law governing fares charged by a transportation network company for the purpose of authorizing a transportation network company to charge a fare for transportation services provided by a monitored autonomous vehicle provider on behalf of the provider.
Sections 17 and 18 of this bill revise provisions of existing law which impose certain requirements on the provision of transportation services - *SB288_R1* – 3 – by a driver to apply such requirements to the provision of transportation services by a monitored autonomous vehicle provider.
(NRS 706A.170) Section 16.5 of this bill imposes certain requirements relating to transportation services.
(NRS 706A.190, 706A.210) Section 20 of this bill authorizes the Authority to impose certain penalties on a transportation network company or monitored autonomous vehicle provider for cerSection 21 of this bill prohibits a local governmental entity from imposing any tax or fee on a monitored autonomous vehicle provider or a monitored autonomous vehicle used by such a provider to provide transportation services or on the transportation services provided using such a vehicle.
Sections 17 and 18 of this bill revise provisions of existing law which impose certain requirements on the provision of transportation services by a driver to apply such requirements to the provision of transportation services by a monitored autonomous vehicle provider.
Existing law requires a transportation network company or driver to continuously provide, during any period in which the driver is providing of tort liabilities arising from the operation of a motor vehicle by a driver.
(NRS 706A.190, 706A.210) Section 20 of this bill authorizes the Authority to impose certain penalties on a transportation network company or monitored autonomous vehicle provider for certain violations.
(NRS 690B.470) Existing law imposes various requirements relating to such transportation network company insurance.
Section 21 of this bill prohibits a local governmental entity from imposing any tax or fee on a monitored autonomous vehicle provider or a monitored autonomous vehicle used by such a provider to provide transportation services or on the transportation services provided using such a vehicle.
(NRS 690B.400-690B.495) Sections 22.2, 22.3, 22.5 and 22.7-22.9 of this bill impose, with certain exceptions, these same requirements on a monitored autonomous vehicle provider and a transportation network company affiliated with a monitored autonomous vehicle proSections 11, 22.4 and 22.6 of this bill make conforming changes to indicate the proper placement of new provisions in the Nevada Revised Statutes.
- 81st Session (2021) – 3 – Existing law requires a transportation network company or driver to continuously provide, during any period in which the driver is providing transportation services, transportation network company insurance for the payment of tort liabilities arising from the operation of a motor vehicle by a driver.
Existing transportation network company insurance for periods in which a driver isby providing transportation services and for periods in which a driver is logged into the digital network or software application service of the transportation network company and available to receive requests but is not otherwise providing transportation services.
(NRS 690B.470) Section 22.7 of this bill requires a monitored autonomous vehicle provider to continuously provide transportation liabilities arising from the operation of a monitored autonomous vehicle during any period in which the monitored autonomous vehicle provider is operating the monitored autonomous vehicle, regardless of whether the provider is providing transportation services.
Existing law imposes various requirements relating to transportation network company insurance.
(NRS 690B.400-690B.495) Sections 22.2, 22.3, 22.5 and transportation network company affiliated with a monitored autonomous vehiclea provider certain requirements relating to transportation network company insurance which are applicable to a driver and a transportation network company affiliated with a driver under existing law.
Sections 11, 22.4 and 22.6 of this bill make conforming changes to indicate the proper placement of new provisions in the Nevada Revised Statutes.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
“Monitored autonomous vehicle” means an autonomous vehicle, as defined in NRS 482A.030, in which a safety engineer is physically present at all times during the operation of the vehicle to ensure the safety of such operations.
“Monitored autonomous vehicle” means an autonomous vehicle, as defined in NRS 482A.030, in which a monitored autonomous vehicle monitor is physically present at all times during the operation of the vehicle.
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2.5.
“Monitored autonomous vehicle monitor” means a person employed by a monitored autonomous vehicle provider to remain physically present in a monitored autonomous vehicle at all times during the operation of the vehicle to ensure:
1.
The safety of the operations of the monitored autonomous vehicle;
and 2.
That the monitored autonomous vehicle complies with the applicable motor vehicle laws and traffic laws of this State.
Sec.
1.
- 81st Session (2021) – 4 – 1.
Enters into an agreement with a transportation network company to receive connections to potential passengers and related services from a transportation network company in exchange for the payment of a fee to the transportation network company.
Enters into an agreement with a transportation network company to receive connections to potential passengers and related services from a transportation network company in company.
Sec.
for the payment of a fee to the transportation network Sec.
“Safety engineer” means a person employed by a monitored autonomous vehicle provider to remain physically present in a monitored autonomous vehicle at all times during the operation of the vehicle to ensure the safety of such operations.
(Deleted by amendment.) Sec.
Sec.
A transportation network company may enter into an agreement with one or more monitored autonomous vehicle providers to receive connections to potential passengers - *SB288_R1* – 4 – from the company in exchange for the payment of a fee by the monitored autonomous vehicle provider to the company.
A transportation network company may enter into an agreement with one or more monitored autonomous vehicle providers to receive connections to potential passengers from the company in exchange for the payment of a fee by the monitored autonomous vehicle provider to the company.
A safety engineer employed by a monitored autonomous vehicle provider which has entered into an agreement with a transportation network company pursuant to subsection 1 may only accept compensation for his or her services from the monitored autonomous vehicle provider by which he or she is employed.
A monitored autonomous vehicle monitor employed by a monitored autonomous vehicle provider which has entered into an agreement with a transportation network company pursuant to subsection 1 may only accept compensation for his or her services from the monitored autonomous vehicle provider by which he or she is employed.
6.
5.5.
A monitored autonomous vehicle provider who provides transportation services using a monitored autonomous vehicle is liable in tort for any damages arising out of the provision of transportation services in the same manner and to the same extent as if the monitored autonomous vehicle provider were a driver providing transportation services using a motor vehicle.
Secs.
6-10.
7.
(Deleted by amendment.) Sec.
8.
(Deleted by amendment.) Sec.
9.
(Deleted by amendment.) Sec.
10.
(Deleted by amendment.) Sec.
706A.010 It is hereby declared to be the purpose and policy of the Legislature in enacting this chapter to ensure the safety, reliability and cost-effectiveness of the transportation services provided by drivers and monitored autonomous vehicle providers affiliated with transportation network companies in this State.
the Legislature in enacting this chapter to ensure the safety,icy of reliability and cost-effectiveness of the transportation services provided by drivers and monitored autonomous vehicle providers affiliated with transportation network companies in this State.
706A.020 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 706A.030 to 706A.060, inclusive, and sections 2, 3 and 4 of this act have the meanings ascribed to them in those sections.
706A.020 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 706A.030 to 706A.060, inclusive, and sections 2, 2.5 and 3 of this act have the meanings ascribed to them in those sections.
Sec.
- 81st Session (2021) – 5 – Sec.
706A.060 “Transportation services” means the transportation by a driver or monitored autonomous vehicle provider of one or more passengers between points chosen by the passenger or passengers and prearranged through the use of the digital network or software application service of a transportation network company.
706A.060 “Transportation services” means the transportation by a driver or monitored autonomous vehicle provider of one or more passengers between points chosen by the passenger or software application service of a transportation networkl network company.
- *SB288_R1* – 5 – Sec.
Sec.
(a) The provisions of chapter 704 of NRS relating to public utilities;
(a) The provisions of chapter 704 of NRS relating to public uti(b) Except as otherwise provided in NRS 706.88396, the provisions of chapter 706 of NRS, to the extent that the services provided by the company , [or] driver or monitored autonomous vehicle provider are within the scope of the permit.
and (b) Except as otherwise provided in NRS 706.88396, the provisions of chapter 706 of NRS,  to the extent that the services provided by the company , [or] driver or monitored autonomous vehicle provider are within the scope of the permit.
706A.080 Nothing in this chapter shall be construed to deem a motor vehicle operated by a driver to provide transportation services or a monitored autonomous vehicle operated by a monitored autonomous vehicle provider to provide transportation services to be a commercial motor vehicle.
706A.080 Nothing in this chapter shall be construed to deem a motor vehicle operated by a driver to provide transportation services or a monitored autonomous vehicle operated by a monitored - 81st Session (2021) – 6 – autonomous vehicle provider to provide transportation services to be a commercial motor vehicle.
706A.090 Except as otherwise provided in this chapter and the regulations adopted pursuant thereto or by a written contract between a transportation network company and a driver [,] or monitored autonomous vehicle provider, a company shall not control, direct or manage [a] :
706A.090 Except as otherwise provided in this chapter and the between a transportation network company and a driver [,] ort monitored autonomous vehicle provider, a company shall not control, direct or manage [a] :
- *SB288_R1* – 6 – Sec.
Sec.
Except as otherwise provided in NRS 706.88396, the Authority shall not apply any provision of chapter 706 of NRS to a transportation network company , [or a] driver or monitored autonomous vehicle provider who operates within the provisions of this chapter and the regulations adopted pursuant thereto.
Except as otherwise provided in NRS 706.88396, the Authority shall not apply any provision of chapter 706 of NRS to a transportation provider who operates within the provisions of this chapter and the regulations adopted pursuant thereto.
Upon receipt of a completed application and upon a determination by the Authority that an applicant meets the requirements for the issuance of a permit to operate a transportation network company, the Authority shall issue to the applicant within 30 days a permit to operate a transportation network company in this State.
Upon receipt of a completed application and upon a determination by the Authority that an applicant meets the requirements for the issuance of a permit to operate a transportation network company, the Authority shall issue to the applicant within days a permit to operate a transportation network company in this State.
(b) Authorizes a transportation network company to make its digital network or software application service available to one or more drivers or monitored autonomous vehicle providers to receive connections to potential passengers from the company in exchange for the payment of a fee by the driver or monitored autonomous vehicle provider to the company.
- 81st Session (2021) – 7 – (b) Authorizes a transportation network company to make its digital network or software application service available to one or more drivers or monitored autonomous vehicle providers to receive connections to potential passengers from the company in exchange vehicle provider to the company.driver or monitored autonomous (c) Except as otherwise provided in NRS 706.88396, does not authorize a transportation network company or any driver or monitored autonomous vehicle provider to engage in any activity otherwise regulated pursuant to chapter 706 of NRS other than the activity authorized by this chapter.
(c) Except as otherwise provided in NRS 706.88396, does not authorize a transportation network company or any driver or monitored autonomous vehicle provider to engage in any activity otherwise regulated pursuant to chapter 706 of NRS other than the activity authorized by this chapter.
Nothing in this chapter prohibits the issuance of a permit to operate a transportation network company to a person who is regulated pursuant to chapter 706 of NRS if the person submits an - *SB288_R1* – 7 – application pursuant to NRS 706A.120 and meets the requirements for the issuance of a permit.
Nothing in this chapter prohibits the issuance of a permit to operate a transportation network company to a person who is regulated pursuant to chapter 706 of NRS if the person submits an application pursuant to NRS 706A.120 and meets the requirements for the issuance of a permit.
or (b) Within the digital network or software application service of the company.
or the company.n the digital network or software application service of 3.
3.
6.
- 81st Session (2021) – 8 – 6.
NRS 706A.180 is hereby amended to read as follows:
NRS 706A.180 is hereby amended to read as fol706A.180 1.
706A.180 1.
- *SB288_R1* – 8 – (c) Is designed to carry more than eight passengers, including the driver.
(c) Is designed to carry more than eight passengers, including the driver.
A transportation network company shall inspect or cause to be inspected every motor vehicle used by a driver to provide transportation services and every monitored autonomous vehicle used by a monitored autonomous vehicle provider to provide transportation services before allowing the driver to use the motor vehicle or the monitored autonomous vehicle provider to use the monitored autonomous vehicle to provide transportation services and not less than once each year thereafter.
A transportation network company shall inspect or cause to be inspected every motor vehicle used by a driver to provide transportation services and every monitored autonomous vehicle used by a monitored autonomous vehicle provider to provide transportation services before allowing the driver to use the motor vehicle or the monitored autonomous vehicle provider to use the monitored autonomous vehicle to provide transportation services and3.
3.
A driver or monitored autonomous vehicle provider shall not discriminate against a passenger or potential passenger on account of national origin, religion, age, disability, sex, race, color, sexual orientation or gender identity or expression.
A driver or monitored autonomous vehicle provider shall not discriminate against a passenger or potential passenger on - 81st Session (2021) – 9 – account of national origin, religion, age, disability, sex, race, color, sexual orientation or gender identity or expression.
A transportation network company shall provide to each passenger an opportunity to indicate whether the passenger requires transportation in a motor vehicle or monitored autonomous vehicle that is wheelchair accessible.
A transportation network company shall provide to each passenger an opportunity to indicate whether the passenger requires that is wheelchair accessible.
If the company cannot provide the passenger with transportation services in a motor vehicle or monitored autonomous vehicle that is wheelchair accessible, the company must direct the passenger to an alternative provider or means of transportation that is wheelchair accessible, if available.
If the company cannot provide thee passenger with transportation services in a motor vehicle or monitored autonomous vehicle that is wheelchair accessible, the company must direct the passenger to an alternative provider or means of transportation that is wheelchair accessible, if available.
For each instance in which a driver or monitored autonomous vehicle provider provides transportation services to a passenger, the transportation network company which connected the passenger to the driver or monitored autonomous vehicle provider shall provide to the passenger, before the passenger enters the motor vehicle of a driver [,] or the monitored - *SB288_R1* – 9 – autonomous vehicle of a monitored autonomous vehicle provider, as applicable:
For each instance in which a driver or monitored autonomous vehicle provider provides transportation services to a passenger, the transportation network company which connected the passenger to the driver or monitored autonomous vehicle provider shall provide to the passenger, before the passenger enters the motor vehicle of a driver [, a] or the monitored autonomous vehicle of a monitored autonomous vehicle provider, as applicable:
(a) [a] A photograph of the driver who will provide the transportation services and the license plate number of the motor vehicle operated by the driver [.] ;
(a) A photograph of the driver who will provide the transportation services and the license plate number of the motor vehicle operated by the driver [.] ;
[1.] (a) On an Internet website maintained by the company;
[2.] (b) Within the digital network or software applicationor service of the company.
or [2.] (b) Within the digital network or software application service of the company.
and 4.
and - 81st Session (2021) – 10 – 4.
A transportation network company shall maintain the following records relating to the business of the company for a period of at least 3 years after the date on which the record is created:
A transportation network company shall company for a period of at least 3 years after the date on which the record is created:
Except as otherwise provided - *SB288_R1* – 10 – in subsection 3, any records provided to the Authority are confidential and must not be disclosed other than to employees of the Authority.
Except as otherwise provided in subsection 3, any records provided to the Authority are confidential and must not be disclosed other than to employees of the Authority.
The Authority shall disclose to the Secretary of State the name of each driver and monitored autonomous vehicle provider and such other information as the Secretary of State determines necessary to enforce the provisions of chapter 76 of NRS.
The Authority shall disclose to the Secretary of State the name of each driver and monitored autonomous vehicle provider and such other information as the Secretary of State determines Secretary of State obtains any confidential information pursuant to this subsection, the Secretary of State, and any employee of the Secretary of State engaged in the administration of chapter 76 of NRS or charged with the custody of any records or files relating to the administration of chapter 76 of NRS, shall maintain the confidentiality of that information in the same manner and to the same extent as provided by law for the Authority.
If the Secretary of State obtains any confidential information pursuant to this subsection, the Secretary of State, and any employee of the Secretary of State engaged in the administration of chapter 76 of NRS or charged with the custody of any records or files relating to the administration of chapter 76 of NRS, shall maintain the confidentiality of that information in the same manner and to the same extent as provided by law for the Authority.
(b) The company determines that disclosure is required to protect or defend the terms of use of the services or to investigate violations of those terms of use;
- 81st Session (2021) – 11 – protect or defend the terms of use of the services or to investigate violations of those terms of use;
Each transportation network company shall provide to the Authority reports containing information relating to motor vehicle crashes involving drivers or monitored autonomous vehicle providers affiliated with the company which occurred in this State while the driver or monitored autonomous vehicle provider was providing transportation services or logged into the digital network or software application service of the company and available to receive requests for transportation services.
Each transportation network company shall provide to the Authority reports containing information relating to motor vehicle crashes involving drivers or monitored autonomous vehicle providers affiliated with the company which occurred in this State while the driver or monitored autonomous vehicle provider network or software application service of the company andigital available to receive requests for transportation services.
- *SB288_R1* – 11 – (a) For all crashes that occurred during the first 6 months that the company operates within this State, on or before the date 7 months after the company was issued a permit.
(a) For all crashes that occurred during the first 6 months that the company operates within this State, on or before the date 7 months after the company was issued a permit.
(b) The highest, lowest and average amount paid for bodily injury or death to one or more persons that occurred as a result of such a crash;
injury or death to one or more persons that occurred as a result of such a crash;
The Authority shall submit a report stating whether the limits of coverage required pursuant to NRS 690B.470 are sufficient and containing the information, in an aggregated format which does not reveal the identity of any person, submitted by transportation network companies pursuant to subsection 1 since the last report of the Authority pursuant to this subsection:
The Authority shall submit a report stating whether the limits of coverage required pursuant to NRS 690B.470 - 81st Session (2021) – 12 – are sufficient and containing the information, in an aggregated format which does not reveal the identity of any person, submitted by transportation network companies pursuant to subsection 1 since the last report of the Authority pursuant to this subsection:
(a) To the Legislative Commission on or before December 1 of each odd-numbered year.
each odd-numbered year.ve Commission on or before December 1 of (b) To the Director of the Legislative Counsel Bureau for transmittal to the Nevada Legislature on or before December 1 of each even-numbered year.
(b) To the Director of the Legislative Counsel Bureau for transmittal to the Nevada Legislature on or before December 1 of each even-numbered year.
- *SB288_R1* – 12 – (c) Take a longer route to the passenger’s destination 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.
3.
not, at the time the driver or monitored autonomous vehiclehall provider picks up a passenger, refuse or neglect to provide transportation services to any orderly passenger unless the driver or monitored autonomous vehicle provider can demonstrate to the satisfaction of the Authority that:
A driver or monitored autonomous vehicle provider shall not, at the time the driver or monitored autonomous vehicle provider picks up a passenger, refuse or neglect to provide transportation services to any orderly passenger unless the driver or monitored autonomous vehicle provider can demonstrate to the satisfaction of the Authority that:
[or] (b) For a monitored autonomous vehicle provider, the monitored autonomous vehicle provider or safety engineer has good reason to fear for the personal safety of the safety engineer in the monitored autonomous vehicle picking up the person requesting transportation services;
[or] (b) For a monitored autonomous vehicle provider, the monitored autonomous vehicle provider or monitored autonomous vehicle monitor has good reason to fear for the personal safety of the monitor in the monitored autonomous vehicle picking up the person requesting transportation services;
Sec.
- 81st Session (2021) – 13 – 706A.300 NRS 1.
20.
NRS 706A.300 is hereby amended to read as follows:
706A.300 1.
(c) Prohibit a person from operating as a driver [;] or monitored autonomous vehicle provider;
(c) Prohibit a person from operating as a driver [;] or monitored aut(d) Impose any combination of the penalties provided in paragraphs (a), (b) and (c).
or (d) Impose any combination of the penalties provided in paragraphs (a), (b) and (c).
- *SB288_R1* – 13 – (c) Any good faith efforts by the transportation network company to remedy the violation;
(c) Any good faith efforts by the transportation network company to remedy the violation;
Sec.
706A.310 NRS 1.
21.
NRS 706A.310 is hereby amended to read as follows:
706A.310 1.
(2) A driver who has entered into an agreement with [such] a transportation network company described in subparagraph (1) or a vehicle operated by such a driver or for transportation services provided by such a driver [.] ;
(2) A driver who has entered into an agreement with [such] a transportation network company described in subparagraph (1) or - 81st Session (2021) – 14 – provided by such a driver [.] ;
or (3) A monitored autonomous vehicle provider who has entered into an agreement with a transportation network company described in subparagraph (1) or a monitored autonomous vehicle operated by such a monitored autonomous vehicle provider or for transportation services provided by such a monitored autonomous vehicle provider.
orr or for transportation services (3) A monitored autonomous vehicle provider who has entered into an agreement with a transportation network company described in subparagraph (1) or a monitored autonomous vehicle operated by such a monitored autonomous vehicle provider or for transportation services provided by such a monitored autonomous vehicle provider.
(c) Impose any other requirement upon a transportation network company , [or a] driver or monitored autonomous vehicle provider which is not of general applicability to all persons who operate a motor vehicle within the jurisdiction of the local government.
(c) Impose any other requirement upon a transportation network company , [or a] driver or monitored autonomous vehicle provider motor vehicle within the jurisdiction of the local government.te a 2.
2.
- *SB288_R1* – 14 – (b) Prohibits an airport or its governing body from requiring a transportation network company , [or a] driver or monitored autonomous vehicle provider to:
(b) Prohibits an airport or its governing body from requiring a transportation network company , [or a] driver or monitored autonomous vehicle provider to:
(c) Exempts a vehicle operated by a driver or monitored autonomous vehicle provider from any tax imposed pursuant to NRS 354.705, 371.043 or 371.045.
autonomous vehicle provider from any tax imposed pursuant to NRS 354.705, 371.043 or 371.045.
Sec.
- 81st Session (2021) – 15 – Sec.
“Monitored autonomous vehicle provider” has the meaning ascribed to it in section 3 of this act.
“Monitored autonomous vehicle provider” has the meaSec.
Sec.
22.3.bed1.o A monitored autonomous vehicle provider shall ensure that proof of coverage under a policy of transportation network company insurance is contained within the monitored autonomous vehicle of the monitored autonomous vehicle provider at all times when the monitored autonomous vehicle provider is operating the monitored autonomous vehicle.
22.3.
1.
A monitored autonomous vehicle provider shall ensure that proof of coverage under a policy of transportation network company insurance is contained within the monitored autonomous vehicle of the monitored autonomous vehicle provider at all times when the monitored autonomous vehicle provider is logged into the digital network or software application service of the transportation network company, available to receive requests for transportation services or providing transportation services.
- *SB288_R1* – 15 – 3.
3.
follows:22.4.
NRS 690B.400 is hereby amended to read as 690B.400 As used in NRS 690B.400 to 690B.495, inclusive, and sections 22.2 and 22.3 of this act, the words and terms defined in NRS 690B.410 to 690B.430, inclusive, and section 22.2 of this act have the meanings ascribed to them in those sections.
22.4.
NRS 690B.400 is hereby amended to read as follows:
690B.400 As used in NRS 690B.400 to 690B.495, inclusive, and sections 22.2 and 22.3 of this act, the words and terms defined in NRS 690B.410 to 690B.430, inclusive, and section 22.2 of this act have the meanings ascribed to them in those sections.
Sec.
Sec.
- 81st Session (2021) – 16 – Sec.
690B.450 The provisions of NRS 690B.400 to 690B.495, inclusive, and sections 22.2 and 22.3 of this act do not apply to a person who is regulated pursuant to chapter 704 or 706 of NRS unless the person holds a permit issued pursuant to NRS 706A.130.
690B.450 The provisions of NRS 690B.400 to 690B.495, inclusive, and sections 22.2 and 22.3 of this act do not apply to a unless the person holds a permit issued pursuant to NRS 706A.130.
Every transportation network company , [or] driver or monitored autonomous vehicle provider shall continuously provide, during any period in which the driver or monitored autonomous vehicle provider 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:
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 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:
(a) In an amount of not less than $1,500,000 for bodily injury to or death of one or more persons and injury to or destruction of property of others in any one accident or motor vehicle crash that occurs while the driver or monitored autonomous vehicle provider is providing transportation services;
(a) In an amount of not less than $1,500,000 for bodily injury to or death of one or more persons and injury to or destruction of property of others in any one accident or motor vehicle crash that occurs while the driver is providing transportation services;
(b) 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 or monitored autonomous vehicle provider 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;
(b) 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 and available to receive requests for transportation services but is not otherwise providing transportation services;
- *SB288_R1* – 16 – (c) 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 or monitored autonomous vehicle provider 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) Subject to the minimum amount for one person required by 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;
and (d) In an amount of not less than $25,000 for injury to or destruction of property of others in any one accident or motor vehicle crash that occurs while the driver or monitored autonomous vehicle provider 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, for the payment of tort liabilities arising from the maintenance or use of the motor vehicle.
and (d) In an amount of not less than $25,000 for injury to or destruction of property of others 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, for the payment of tort liabilities arising from the maintenance or use of the motor vehicle.
2.
- 81st Session (2021) – 17 – 2.
The transportation network company insurance required by subsection 1 may be provided through one or a combination of insurance policies provided by the transportation network company , [or] the driver, [or] the monitored autonomous vehicle provider, both [.] the transportation network company and the driver or both the transportation network company and the monitored autonomous vehicle provider.
Every monitored autonomous vehicle provider shall continuously provide, during any period in which a monitored autonomous vehicle provider is operating a monitored autonomous vehicle, transportation network company insurance Insurance of the Department of Business and Industry andn of 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, in an amount of not less than $1,500,000 for bodily injury to or destruction of property of others in any one accident or motor vehicle crash that occurs while the monitored autonomous vehicle provider is operating a monitored autonomous vehicle for the payment of tort liabilities arising from the maintenance or use of the monitored autonomous vehicle.
Every transportation network company shall continuously provide, during any period in which the driver or monitored autonomous vehicle provider 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 subsection 1 as primary insurance if the insurance provided by the driver [:] or monitored autonomous vehicle provider:
The transportation network company insurance required by subsection 1 or 2, as applicable, may be provided through one or a combination of insurance policies provided by the transportation network company , [or] the driver, [or] the monitored autonomous vehicle provider, both [.] the transportation network company and the driver or both the transportation network company and the monitored autonomous vehicle provider.
[3.] 4.
Every transportation network company shall continuously provide, during any period in which the driver or monitored autonomous vehicle provider is providing transportation services, transportation network company insurance provided by an insurance company licensed by the Division of Insurance of the 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 subsection 1 or 2, as applicable, as primary insurance if the insurance provided by the driver [:] or monitored autonomous vehicle provider:
or (b) Fails to meet the requirements of subsection 1.
or (b) Fails to meet the requirements of subsection 1 [.] or 2, as applicable.
4.
[4.] 5.
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] the monitored autonomous vehicle provider, both [,] the transportation network company and the driver or both the - *SB288_R1* – 17 – transportation network company and the monitored autonomous vehicle provider, 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] the monitored autonomous vehicle provider, both [,] the - 81st Session (2021) – 18 – transportation network company and the driver or both the transportation network company and the monitored autonomous vehicle provider, if the transportation network company insurance otherwise satisfies the requirements of NRS 485.185 or 485.186, as app[5.] 6.e.In addition to the coverage required pursuant to subsection 1 [,] or 2, as applicable, a policy of transportation network company insurance may include additional coverage, including, without limitation, coverage for medical payments, coverage for uninsured or underinsured motorists, comprehensive coverage and collision coverage.
5.
[6.] 7.
In addition to the coverage required pursuant to subsection 1, a policy of transportation network company insurance may include additional coverage, including, without limitation, coverage for medical payments, coverage for uninsured or underinsured motorists, comprehensive coverage and collision coverage.
6.
7.
[7.] 8.
8.
[8.] 9.
or (b) Jointly to the owner of the vehicle and the lienholder.
or [9.] 10.tlA transportation network company that provideser.
9.
transportation network company insurance for a motor vehicle not deemed to be the owner of the motor vehicle.
A transportation network company that provides transportation network company insurance for a motor vehicle is not deemed to be the owner of the motor vehicle.
11.
As used in this section, “monitored autonomous vehicle” has the meaning ascribed to it in section 2 of this act.
An insurer providing a policy which excludes transportation network company insurance does not have a duty to defend or indemnify a driver or monitored autonomous vehicle provider for any claim arising during any period in which the driver or monitored autonomous vehicle provider is logged into the digital network or software application service of the transportation network company, available to receive requests for transportation services or providing transportation services.
An insurer providing a policy which excludes transportation network company insurance does not have a duty to defend or indemnify a driver or monitored autonomous vehicle provider for any claim arising during any period in which the driver or monitored autonomous vehicle provider is logged into the - 81st Session (2021) – 19 – network company, available to receive requests for transportationtion services or providing transportation services.
An insurer who provides a policy of insurance for the operation of a motor vehicle required pursuant to NRS 485.185 or 485.186, as appropriate, may include transportation network - *SB288_R1* – 18 – company insurance in such a policy.
An insurer who provides a policy of insurance for the operation of a motor vehicle required pursuant to NRS 485.185 or 485.186, as appropriate, may include transportation network company insurance in such a policy.
and (b) Excludes transportation network company insurance from the policy of insurance for the operation of a motor vehicle provided to the driver [,] or monitored autonomous vehicle provider, has the right of contribution against other insurers who provide coverage to the driver or monitored autonomous vehicle provider to satisfy the coverage required by NRS 690B.470 at the time of the loss.
and (b) Excludes transportation network company insurance from to the driver [,] or monitored autonomous vehicle provider,e provided has the right of contribution against other insurers who provide coverage to the driver or monitored autonomous vehicle provider to satisfy the coverage required by NRS 690B.470 at the time of the loss.
690B.490 In any investigation relating to tort liability arising from the operation of a motor vehicle, each transportation network company , [and] driver [,] and monitored autonomous vehicle provider, and each insurer providing transportation network company insurance to a transportation network company , [or] driver [,] or monitored autonomous vehicle provider who is involved in the underlying incident shall cooperate with any other party to the incident and any other insurer involved in the investigation and share information, including, without limitation:
690B.490 In any investigation relating to tort liability arising from the operation of a motor vehicle, each transportation network company , [and] driver [,] and monitored autonomous vehicle provider, and each insurer providing transportation network company insurance to a transportation network company , [or] driver [,] or monitored autonomous vehicle provider who is involved in the underlying incident shall cooperate with any other party to the incident and any other insurer involved in the inv1.
1.
The date and time of an accident or motor vehicle crashation:
The date and time of an accident or motor vehicle crash involving a driver [.] or monitored autonomous vehicle provider.
involving a driver [.] or monitored autonomous vehicle provider.
3.
- 81st Session (2021) – 20 – autonomous vehicle provider involved in an accident or motor vehicle crash logged out of the digital network or software application service of the transportation network company for a period of 12 hours immediately preceding and 12 hours immediately following the accident or motor vehicle crash.
The dates and times that the driver or monitored autonomous vehicle provider involved in an accident or motor vehicle crash logged out of the digital network or software application service of the transportation network company for a period of 12 hours immediately preceding and 12 hours immediately following the accident or motor vehicle crash.
- *SB288_R1* – 19 – not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
23.
The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
Sec.
This act becomes effective on July 1, 2021.
This act becomes effective upon passage and approval.
H - *SB288_R1*
~~~~~ 21 - 81st Session (2021)
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Amendments

2 amendments

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Action History

  1. Chapter 550.

  2. Approved by the Governor.

  3. Enrolled and delivered to Governor.

  4. From printer. To reengrossment. Reengrossed. Second reprint. To Senate. In Senate. Assembly Amendment No. 721 concurred in. To enrollment.

  5. From committee: Amend, and do pass as amended. Declared an emergency measure under the Constitution. Read third time. Amended. (Amend. No. 721.) Dispensed with reprinting. Read third time. Passed, as amended. Title approved. (Yeas: 39, Nays: 2, Absent: 1.) To printer.

  6. In Assembly. Read first time. Referred to Committee on Growth and Infrastructure. To committee.

  7. From printer. To engrossment. Engrossed. First reprint. To Assembly.

  8. Read third time. Amended. (Amend. No. 484.) Reprinting dispensed with. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 21, Nays: None.) To printer.

  9. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time.

  10. From printer. To committee.

  11. Read first time. Referred to Committee on Growth and Infrastructure. To printer.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

transportation
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 288?
SB 288 is sponsored by Harris, Dallas.
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This bill has been enacted into law. Introduced March 22, 2021. Enacted.
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