25 LC 39 4702S/AP House Bill 339 (AS PASSED HOUSE AND SENATE) 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 network services from liability for2 actions of ride share drivers in certain instances; to revise definitions; to provide for3 conforming changes; to provide for related matters; to repeal conflicting laws; and for other4 purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 Article 3 of Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to8 motor carriers, is amended in Code Section 40-1-100, relating to definitions relative to9 certification of motor carriers, by revising paragraphs (6) and (12) as follows:10 "(6) 'Elderly or disabled passenger' means an individual over the age of 60 years or who, 11 by reason of illness, injury, age, congenital malfunction, or other permanent or temporary12 incapacity or disability, is unable to utilize mass transportation facilities as effectively as13 an individual who is not so affected. 'Department' means the Department of Public14 Safety."15 H. B. 339 - 1 - 25 LC 39 4702S/AP "(12) 'Motor carrier' means: 16 (A) Every person owning, controlling, operating, or managing any motor vehicle,17 including the lessees, receivers, or trustees of such persons or receivers appointed by18 any court, used in the business of transporting for hire persons, household goods, or19 property or engaged in the activity of nonconsensual towing pursuant to Code20 Section 44-1-13 for hire over any public highway in this state.21 (B) Except as otherwise provided in this subparagraph, the term 'motor carrier' such22 term shall not include:23 (i) Motor vehicles engaged solely in transporting school children and teachers to and24 from public schools and private schools;25 (ii) Taxicabs which operate within the corporate limits of municipalities and are26 subject to regulation by the governing authorities of such municipalities; the27 provisions of this division notwithstanding, vehicles and the drivers thereof operating28 within the corporate limits of any city shall be subject to the safety regulations29 adopted by the commissioner of public safety pursuant to Code Section 40-1-8;30 (iii) Limousine carriers as provided for in Part 3 of this article;31 (iv) Hotel passenger or baggage motor vehicles when used exclusively for patrons32 and employees of such hotel;33 (v) Motor vehicles operated not for profit with a capacity of 15 persons or less when34 they are used exclusively to transport elderly and or disabled passengers or employees35 under a corporate sponsored vanpool program, except that a vehicle owned by the36 driver may be operated for profit when such driver is traveling to and from his or her37 place of work, provided each such vehicle carrying more than nine passengers38 maintains liability insurance in an amount of not less than $100,000.00 per person and39 $300,000.00 per accident and $50,000.00 property damage. For the purposes of this40 part, elderly and disabled passengers are defined as individuals over the age of 6041 years or who, by reason of illness, injury, age, congenital malfunction, or other42 H. B. 339 - 2 - 25 LC 39 4702S/AP permanent or temporary incapacity or disability, are unable to utilize mass43 transportation facilities as effectively as persons who are not so affected;44 (vi) Motor vehicles owned and operated exclusively by the United States government45 or by this state or any subdivision thereof;46 (vii) Vehicles, owned or operated by the federal or state government or by any47 agency, instrumentality, or political subdivision of the federal or state government,48 or privately owned and operated for profit or not for profit, capable of transporting not49 more than ten persons for hire when such vehicles are used exclusively to transport50 persons who are elderly, disabled, elderly or disabled passengers en route to receive51 medical care or prescription medication, or returning after receiving medical care or52 prescription medication. For the purpose of this part, elderly and disabled persons53 shall have the same meaning as in division (v) of this subparagraph; or54 (viii) Ambulances."55 SECTION 2.56 Said article is further amended by adding a new Code section to read as follows:57 "40-1-201.58 (a) No ride share network service shall be liable under any theory of liability, including,59 but not limited to, vicarious or product liability, for any injury to persons or damage to60 property from the operation of a personal passenger car by a ride share driver by reason of61 owning, operating, or maintaining a digital network or internet network to connect62 passengers to ride share drivers for the purpose of prearranged transportation for hire or for63 donation, provided that:64 (1) There has been no negligence or criminal misconduct by the ride share network65 service;66 H. B. 339 - 3 - 25 LC 39 4702S/AP (2) The ride share network service is in compliance with the requirements of this part67 relating to obligations to a ride share driver and any other provision otherwise required68 by law; and69 (3) The ride share network service conducts or causes to conducted a criminal70 background check or obtains a private background check certification as described in71 Code Section 40-5-39 for each ride share driver at least once every two years.72 (b) Any digital network or internet network used by a ride share network service shall be73 considered a service and shall not qualify as a product."74 SECTION 3.75 All laws and parts of laws in conflict with this Act are repealed.76 H. B. 339 - 4 -