| 3 | 3 | | By: Representatives Leverett of the 123 |
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| 4 | 4 | | rd |
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| 5 | 5 | | , Efstration of the 104 |
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| 6 | 6 | | th |
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| 7 | 7 | | , Williamson of the 112 |
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| 8 | 8 | | th |
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| 9 | 9 | | , |
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| 10 | 10 | | Gaines of the 120 |
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| 11 | 11 | | th |
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| 12 | 12 | | , Gunter of the 8 |
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| 13 | 13 | | th |
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| 14 | 14 | | , and others |
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| 15 | 15 | | A BILL TO BE ENTITLED |
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| 16 | 16 | | AN ACT |
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| 17 | 17 | | To amend Article 3 of Chapter 1 of Title 40 of the Official Code of Georgia Annotated, |
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| 18 | 18 | | 1 |
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| 19 | 19 | | relating to motor carriers, so as to exempt ride share network services from liability for2 |
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| 20 | 20 | | actions of ride share drivers in certain instances; to revise definitions; to provide for3 |
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| 21 | 21 | | conforming changes; to provide for related matters; to repeal conflicting laws; and for other4 |
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| 22 | 22 | | purposes.5 |
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| 23 | 23 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 |
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| 24 | 24 | | SECTION 1.7 |
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| 25 | 25 | | Article 3 of Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to8 |
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| 26 | 26 | | motor carriers, is amended in Code Section 40-1-100, relating to definitions relative to9 |
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| 27 | 27 | | certification of motor carriers, by revising paragraphs (6) and (12) as follows:10 |
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| 28 | 28 | | "(6) 'Elderly or disabled passenger' means an individual over the age of 60 years or who, |
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| 29 | 29 | | 11 |
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| 30 | 30 | | by reason of illness, injury, age, congenital malfunction, or other permanent or temporary12 |
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| 31 | 31 | | incapacity or disability, is unable to utilize mass transportation facilities as effectively as13 |
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| 32 | 32 | | an individual who is not so affected. 'Department' means the Department of Public14 |
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| 33 | 33 | | Safety."15 |
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| 36 | 36 | | "(12) 'Motor carrier' means: |
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| 37 | 37 | | 16 |
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| 38 | 38 | | (A) Every person owning, controlling, operating, or managing any motor vehicle,17 |
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| 39 | 39 | | including the lessees, receivers, or trustees of such persons or receivers appointed by18 |
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| 40 | 40 | | any court, used in the business of transporting for hire persons, household goods, or19 |
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| 41 | 41 | | property or engaged in the activity of nonconsensual towing pursuant to Code20 |
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| 42 | 42 | | Section 44-1-13 for hire over any public highway in this state.21 |
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| 43 | 43 | | (B) Except as otherwise provided in this subparagraph, the term 'motor carrier' |
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| 44 | 44 | | such22 |
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| 45 | 45 | | term shall not include:23 |
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| 46 | 46 | | (i) Motor vehicles engaged solely in transporting school children and teachers to and24 |
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| 47 | 47 | | from public schools and private schools;25 |
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| 48 | 48 | | (ii) Taxicabs which operate within the corporate limits of municipalities and are26 |
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| 49 | 49 | | subject to regulation by the governing authorities of such municipalities; the27 |
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| 50 | 50 | | provisions of this division notwithstanding, vehicles and the drivers thereof operating28 |
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| 51 | 51 | | within the corporate limits of any city shall be subject to the safety regulations29 |
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| 52 | 52 | | adopted by the commissioner of public safety pursuant to Code Section 40-1-8;30 |
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| 53 | 53 | | (iii) Limousine carriers as provided for in Part 3 of this article;31 |
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| 54 | 54 | | (iv) Hotel passenger or baggage motor vehicles when used exclusively for patrons32 |
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| 55 | 55 | | and employees of such hotel;33 |
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| 56 | 56 | | (v) Motor vehicles operated not for profit with a capacity of 15 persons or less when34 |
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| 57 | 57 | | they are used exclusively to transport elderly and or disabled passengers or employees35 |
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| 58 | 58 | | under a corporate sponsored vanpool program, except that a vehicle owned by the36 |
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| 59 | 59 | | driver may be operated for profit when such driver is traveling to and from his or her37 |
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| 60 | 60 | | place of work, provided each such vehicle carrying more than nine passengers38 |
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| 61 | 61 | | maintains liability insurance in an amount of not less than $100,000.00 per person and39 |
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| 62 | 62 | | $300,000.00 per accident and $50,000.00 property damage. For the purposes of this40 |
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| 63 | 63 | | part, elderly and disabled passengers are defined as individuals over the age of 6041 |
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| 64 | 64 | | years or who, by reason of illness, injury, age, congenital malfunction, or other42 |
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| 67 | 67 | | permanent or temporary incapacity or disability, are unable to utilize mass43 |
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| 68 | 68 | | transportation facilities as effectively as persons who are not so affected;44 |
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| 69 | 69 | | (vi) Motor vehicles owned and operated exclusively by the United States government45 |
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| 70 | 70 | | or by this state or any subdivision thereof;46 |
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| 71 | 71 | | (vii) Vehicles, owned or operated by the federal or state government or by any47 |
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| 72 | 72 | | agency, instrumentality, or political subdivision of the federal or state government,48 |
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| 73 | 73 | | or privately owned and operated for profit or not for profit, capable of transporting not49 |
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| 74 | 74 | | more than ten persons for hire when such vehicles are used exclusively to transport50 |
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| 75 | 75 | | persons who are elderly, disabled, elderly or disabled passengers en route to receive51 |
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| 76 | 76 | | medical care or prescription medication, or returning after receiving medical care or52 |
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| 77 | 77 | | prescription medication. For the purpose of this part, elderly and disabled persons53 |
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| 78 | 78 | | shall have the same meaning as in division (v) of this subparagraph; or54 |
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| 79 | 79 | | (viii) Ambulances."55 |
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| 80 | 80 | | SECTION 2.56 |
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| 81 | 81 | | Said article is further amended by adding a new Code section to read as follows:57 |
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| 82 | 82 | | "40-1-201.58 |
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| 83 | 83 | | (a) No ride share network service shall be liable under any theory of liability, including,59 |
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| 84 | 84 | | but not limited to, vicarious or product liability, for any injury to persons or damage to60 |
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| 85 | 85 | | property from the operation of a personal passenger car by a ride share driver by reason of61 |
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| 86 | 86 | | owning, operating, or maintaining a digital network or internet network to connect62 |
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| 87 | 87 | | passengers to ride share drivers for the purpose of prearranged transportation for hire or for63 |
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| 88 | 88 | | donation, provided that:64 |
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| 89 | 89 | | (1) There has been no negligence or criminal misconduct by the ride share network65 |
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| 90 | 90 | | service;66 |
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| 93 | 93 | | (2) The ride share network service is in compliance with the requirements of this part67 |
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| 94 | 94 | | relating to obligations to a ride share driver and any other provision otherwise required68 |
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| 95 | 95 | | by law; and69 |
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| 96 | 96 | | (3) The ride share network service conducts or causes to conducted a criminal70 |
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| 97 | 97 | | background check or obtains a private background check certification as described in71 |
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| 98 | 98 | | Code Section 40-5-39 for each ride share driver at least once every two years.72 |
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| 99 | 99 | | (b) Any digital network or internet network used by a ride share network service shall be73 |
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| 100 | 100 | | considered a service and shall not qualify as a product."74 |
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| 101 | 101 | | SECTION 3.75 |
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| 102 | 102 | | All laws and parts of laws in conflict with this Act are repealed.76 |
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