ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature Second Regular Session
	House: RA DP 6-0-0-0

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HB 2713: transportation network companies; liability

Sponsor: Representative Livingston, LD 28

House Engrossed

Overview

Specifies that a transportation network company (Network Company) is not liable for any property damage, personal injury or wrongful death caused by a transportation network driver (Network Driver) if certain criteria is met.

History

Statute defines Network Company as an entity that uses a digital network or software application to connect passengers to transportation network services provided by company drivers using vehicles of which the company does not  own (A.R.S. § 28-9551). Statute outlines the motor vehicle liability coverage for Network Drivers and taxi, livery or limousine drivers that have accepted a ride request and are providing transportation to a passenger as:

1) primary commercial motor vehicle liability insurance covering a minimum of $250,000 per incident; and

2) primary commercial uninsured motorist coverage of a minimum of $250,000 per incident.

Network Drivers must always carry proof of insurance while logged into the Network Company's digital network and taxi, livery and limo drivers must carry proof of insurance at all times while providing transportation services (A.R.S. §§ 28-4038, 28-4039).

Provisions

1. Stipulates that a Network Company is not liable for personal injury, property damage or wrongful death from owning, operating or maintaining a digital network or software due to a Network Driver being logged into the digital network if the Network Company:

a) is not negligent or acting in a criminal fashion;

b) fulfilled its obligations to the Network Driver; and

c) does not own or is not the custodian of the transportation network company vehicle.

2. Provides that the liability provisions for transportation network companies are not to be construed as limiting a right of action that existed either:

a) at common law; or

b) finding its basis in common law as the state Constitution was adopted.

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                  HB 2713

Initials DC/RP     Page 0 House Engrossed

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