La. Admin. Code tit. 70 § IX-5013

Current through Register Vol. 50, No. 11, November 20, 2024

Section IX-5013 - Transportation Network Company Responsibilities

A. TNC shall require drivers to operate and maintain the vehicle in accordance with all motor vehicle laws of the state of Louisiana including but not limited to R.S. 32:1301 et. seq., R.S. 32:318, R.S. 32:327, R.S. 45:201.1 et seq.

B. Before an individual is authorized to accept trip requests through a transportation network company's digital network, the company shall require the driver and the drivers vehicle to comply with all laws of the state of Louisiana including all motor vehicle laws pertaining to vehicles, inspections, and criminal laws.

1. The individual shall submit an application to the company, which includes information regarding his

a. address;

b. age;

c. driver's license;

d. motor vehicle registration;

e. insurance;

f. state vehicle inspection; and

g. any other information required by the company or imposed by the department.

2. The company or a third party shall conduct a local and national criminal background check for each applicant that includes the following:

a. a multi-state and multi-jurisdiction criminal records locator or other similar commercial nationwide database with validation of any records through a primary source search;

b. a search of the national sex offender public website maintained by the United States Department of Justice.

3. The company or a third party shall obtain and review a driving history research report for each applicant.

C. The company or a third party shall conduct the background check and driving history research report set forth in Paragraphs A.2 and 3 of this Section at least once every two years.

D. The company shall not authorize an individual to act as a driver if the individual's initial driving report reveals the individual received more than three moving violations within the three-year period prior to applying to the company; or any subsequent annual driving history reveals more than three moving violations within a three-year period.

E. The company shall not authorize an individual to act as a driver if the individual's initial background check or any subsequent background check reveals the individual:

1. has had more than one of the following violations within the three-year period prior to applying to the company:

a. flight from an officer or aggravated flight from an officer as provided for in R.S. 14:108.1;

b. reckless operation of a vehicle as provided for in R.S. 14:99;

c. operating a vehicle while under suspension for certain prior offenses as provided for in R.S. 14:98.8;

2. has been convicted, within the past seven years, of:

a. any enumerated felony as provided for in Title 14 of the Louisiana Revised Statutes of 1950, comprised of R.S. 14:1 through 601;

b. operating a vehicle while intoxicated as provided for in R.S. 14:98 through 98.4;

c. hit and run driving as provided for in R.S. 14:100;

d. any crime of violence as defined in R.S. 14:2(B);

3. is listed as an offender in the national sex offender public website maintained by the United States Department of Justice.

F. Companies are responsible for contacting and remitting fees to the proper agency or municipality in accordance with R.S. 48:2204

G. Before a driver is initially allowed to accept a request for a prearranged ride, the transportation network company shall maintain the requirements for insurance as provided for in R.S. 45:201.6 and shall disclose in writing to each transportation network company driver:

1. the insurance coverage, including the types of coverage and the limits for each coverage, which the transportation network company provides while the transportation network company driver uses a personal vehicle in connection with a transportation network company's digital network;

2. that the transportation network company driver's own automobile insurance policy may or may not provide any coverage while the driver is logged on to the transportation network company's digital network during the pre-trip acceptance period or is engaged in a prearranged ride, depending on its terms;

3. to the extent that any agreement between a transportation network company and a driver or rider, or between a driver and a rider addresses liability, any provision that, in advance, excludes or limits the liability of one party for causing bodily injury to the other party is null;

4. any coverage that in advanced has been waived, excluded or limits liability of the company to the driver as provided for in R.S. 45:201.6.

La. Admin. Code tit. 70, § IX-5013

Promulgated by the Department of Transportation and Development, Office of the Secretary, LR 461692 (12/1/2020).

AUTHORITY NOTE: Promulgated in accordance with R.S. 48:2205.