HLS 20RS-1123 ENGROSSED
2020 Regular Session
HOUSE BILL NO. 787
BY REPRESENTATIVE STEFANSKI
TRANSPORTATION: Provides relative to transportation network companies
1 AN ACT
2To enact R.S. 48:2206, relative to transportation network companies; to provide relative to
3 an exception to liability applicable to transportation network companies under
4 certain circumstances; and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 48:2206 is hereby enacted to read as follows:
7 ยง2206. Liability
8 A. A transportation network company shall not be held liable for owning,
9 operating, or maintaining the digital network accessed by a driver or rider, or for
10 being the company affiliated with a driver, when harm to a person or property results
11 from or arises out of the use, operation, or possession of a motor vehicle operating
12 as a company vehicle while the driver is logged on to the digital network if all of the
13 following apply:
14 (1) There is no negligence or criminal wrongdoing on the part of the
15 company.
16 (2) The company fulfilled all of its obligations relative to a driver as required
17 by this Chapter.
18 (3) The company is not the owner or custodian of the motor vehicle that
19 caused harm to persons or property.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 20RS-1123 ENGROSSED
HB NO. 787
1 B. The provisions of this Section shall not be construed to modify or reduce
2 the insurance coverages, policy limits, or liability of any person as established by
3 contract or as required by any provision of law.
4 C. The provisions of this Section shall not be construed to place any form of
5 liability on the state of Louisiana or the Louisiana Department of Transportation and
6 Development if the state or the department comply with the applicable requirements
7 of this Chapter.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 787 Engrossed 2020 Regular Session Stefanski
Abstract: Provides an exception to liability applicable to transportation network
companies.
Proposed law establishes that a transportation network company cannot be held liable for
owning, operating, or maintaining the digital network accessed by a driver or rider, or for
being the company affiliated with a driver, when harm to a person or property results from
or arises out of the use, operation, or possession of a motor vehicle operating as a company
vehicle while the driver is logged on to the digital network if all of the following apply:
(1) There is no negligence or criminal wrongdoing on the part of the company.
(2) The company fulfilled all of its obligations relative to a driver as required by present
law.
(3) The company is not the owner or custodian of the motor vehicle that caused harm to
persons or property.
Proposed law clarifies that proposed law cannot be construed to modify or reduce the
insurance coverages, policy limits, or liability of any person as established by contract or as
required by present law.
Proposed law exempts the state and the Dept. of Transportation and Development from
liability if the state or the department, respectively, comply with applicable provisions of
present law.
(Adds R.S. 48:2206)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Transportation,
Highways and Public Works to the original bill:
1. Exempt the state and the Dept. of Transportation and Development from liability
if the state or the department comply with applicable provisions of present law.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.