25 LC 39 4455
House Bill 339
By: Representatives Leverett of the 123
rd
, Efstration of the 104
th
, Williamson of the 112
th
,
Gaines of the 120
th
, Gunter of the 8
th
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Article 3 of Chapter 1 of Title 40 of the Official Code of Georgia Annotated,
1
relating to motor carriers, so as to exempt ride share drivers or ride share network services2
from the definition of motor carrier; to provide for definitions; to revise legislative findings;3
to exempt ride share network services from liability for actions of ride share drivers in certain4
instances; to provide for conforming changes; to provide for related matters; to repeal5
conflicting laws; and for other purposes.6
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
SECTION 1.8
Article 3 of Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to9
motor carriers, is amended in Code Section 40-1-100, relating to definitions relative to10
certification of motor carriers, by revising paragraphs (6) and (12) as follows:11
"(6) 'Department' means the Department of Public Safety
'Elderly or disabled passenger'12
means an individual over the age of 60 years or who, by reason of illness, injury, age,13
congenital malfunction, or other permanent or temporary incapacity or disability, is14
unable to utilize mass transportation facilities as effectively as an individual who is not15
so affected."16
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"(12) 'Motor carrier' means:
17
(A) Every person owning, controlling, operating, or managing any motor vehicle,18
including the lessees, receivers, or trustees of such persons or receivers appointed by19
any court, used in the business of transporting for hire persons, household goods, or20
property or engaged in the activity of nonconsensual towing pursuant to Code21
Section 44-1-13 for hire over any public highway in this state.22
(B) Except as otherwise provided in this subparagraph, the term 'motor carrier'
such23
term shall not include:24
(i) Motor vehicles engaged solely in transporting school children and teachers to and25
from public schools and private schools;26
(ii) Taxicabs which operate within the corporate limits of municipalities and are27
subject to regulation by the governing authorities of such municipalities; the28
provisions of this division notwithstanding, vehicles and the drivers thereof operating29
within the corporate limits of any city shall be subject to the safety regulations30
adopted by the commissioner of public safety pursuant to Code Section 40-1-8;31
(iii) Limousine carriers as provided for in Part 3 of this article;32
(iv) Hotel passenger or baggage motor vehicles when used exclusively for patrons33
and employees of such hotel;34
(v) Motor vehicles operated not for profit with a capacity of 15 persons or less when35
they are used exclusively to transport elderly and or disabled passengers or employees36
under a corporate sponsored vanpool program, except that a vehicle owned by the37
driver may be operated for profit when such driver is traveling to and from his or her38
place of work, provided each such vehicle carrying more than nine passengers39
maintains liability insurance in an amount of not less than $100,000.00 per person and40
$300,000.00 per accident and $50,000.00 property damage. For the purposes of this41
part, elderly and disabled passengers are defined as individuals over the age of 6042
years or who, by reason of illness, injury, age, congenital malfunction, or other43
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permanent or temporary incapacity or disability, are unable to utilize mass44
transportation facilities as effectively as persons who are not so affected;45
(vi) Motor vehicles owned and operated exclusively by the United States government46
or by this state or any subdivision thereof;47
(vii) Vehicles, owned or operated by the federal or state government or by any48
agency, instrumentality, or political subdivision of the federal or state government,49
or privately owned and operated for profit or not for profit, capable of transporting not50
more than ten persons for hire when such vehicles are used exclusively to transport51
elderly or disabled passengers persons who are elderly, disabled, en route to receive52
medical care or prescription medication, or returning after receiving medical care or53
prescription medication;. For the purpose of this part, elderly and disabled persons54
shall have the same meaning as in division (v) of this subparagraph; or55
(viii) Ambulances; or56
(ix) Ride share drivers or ride share network services as provided for in Part 4 of this57
article."58
SECTION 2.59
Said article is further amended by revising Code Section 40-1-191, relating to legislative60
findings, preemption, and ride share network service, transportation referral service,61
transportation referral service provider, and taxi service doing business at a county or62
municipal airport, as follows:63
"40-1-191.64
The General Assembly finds that it is in the public interest to provide uniform65
administration and parity among ride share network services, transportation referral66
services, and transportation referral service providers, including taxi services, that operate67
in this state for the safety and protection of the public. The General Assembly fully68
occupies and preempts the entire field of administration and regulation over ride share69
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network services, ride share drivers, transportation referral services, transportation referral70
service providers, and taxi services as governed by this part; provided, however, that the71
governing authority of any county or municipal airport shall be authorized to regulate any72
ride share network service, ride share driver, transportation referral service, transportation73
referral service provider, and taxi service consistent with the process used for limousine74
carriers, as set forth in Code Section 40-1-162, who are doing business at any such airport75
and may establish fees as part of such regulation process; provided, further, that such fees76
shall not exceed the airport's approximate cost of permitting and regulating ride share77
network services, ride share drivers, transportation referral services, transportation referral78
service providers, and taxi services; and provided, further, that such governing authorities79
of such airports shall accept a for-hire license endorsement or private background check80
certification pursuant to Code Section 40-5-39 as adequate evidence of sufficient criminal81
background investigations and shall not require any fee for any further criminal82
background investigation; and provided, further, that local governments may maintain83
certificates of public necessity and convenience and medallion requirements and company84
requirements for taxi services as provided in this part and may establish maximum fares85
for taxi services. The list of ride share network services, transportation referral services,86
transportation referral service providers, and taxi services on the public website of the87
department shall be sufficient evidence that such services have licenses issued by the88
department."89
SECTION 3.90
Said article is further amended by adding a new Code section to read as follows:91
"40-1-201.92
(a) No ride share network service shall be liable under any theory of liability, including,93
but not limited to, vicarious or product liability, for any injury to persons or damage to94
property from the operation of a personal passenger car by a ride share driver by reason of95
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owning, operating, or maintaining a digital network or internet network to connect96
passengers to ride share drivers for the purpose of prearranged transportation for hire or for97
donation, provided that:98
(1) There has been no negligence or criminal misconduct by the ride share network99
service;100
(2) The ride share network service is in compliance with the requirements of this part101
relating to obligations to a ride share driver and any other provision otherwise required102
by law; and103
(3) The ride share network service ensures that each ride share driver holds a for-hire104
license endorsement pursuant to Code Section 40-5-39 or obtains a private background105
check certification as described in such Code section at least once every two years.106
(b) Any digital network or internet network used by a ride share network service shall be107
considered a service and shall not qualify as a product."108
SECTION 4.109
All laws and parts of laws in conflict with this Act are repealed.110
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