Req. No. 128 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 999 By: Bergstrom
AS INTRODUCED
An Act relating to transportation; creating the
Oklahoma Courier Application Servi ces Act; providing
definitions; excluding motor carrier classification
for certain entities and people; requiring courier
service implement zero tolerance policy for drugs or
alcohol; requiring services suspend access and
conduct investigation in certain circumstance;
requiring applicants submit to courier service;
prohibiting courier service from hiring certain
persons; requiring updates; requiring certain
equipment standards be met by courier applicatio n
service drivers; requiring certain liability
insurance; specifying requirements for insurance
policy; requiring insurance coverage by courier
application service in certain circumsta nces;
allowing courier application service insurance
coverage without driver personal insurer first
denying claim; determining insurers eligible for
courier application ser vices; providing insurance
under this act satisfies certain statutory
requirements; requiring possession of proof of
coverage; authorizing electronic proof of coverage;
certain disclosures by driver in accident; requiring
courier application service disclo se information to
driver prior to driver accepting cour ier request;
authorizing insurers to exclude certain insurance
coverage; construing provision ; providing that
insurer not have certain duty; pro viding that certain
insurer have right of contribution; r equiring insurer
cooperation with certain persons in certain
investigation; requiring direct payment from insurer
to certain people under certain circumstances;
providing for codifi cation; and providing an
effective date.
Req. No. 128 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1050 of Title 47, unless there
is created a duplication in numbering, reads as follows:
This act shall be kn own and may be cited as the “Oklahoma
Courier Application Services Act ”.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1051 of Title 47, unless there
is created a duplication in numbering , reads as follows:
As used in the Oklahoma Courier Application Services Act:
A. “Digital network” means any online-enabled application,
software, website or system offered or utilized by a courier
application service (CAS) that enables the prearrangement of courier
services with CAS drivers.
B. “Personal vehicle” means a vehicle that is used by a CAS
driver in connection with providi ng courier services and is:
1. Owned, leased or otherwise authorized for use by the CAS
driver; and
2. Has an actual weight of less than eight thousand (8,000)
pounds; and
3. Has no more than two axles or axle combi nation.
C. “Courier application services (CAS) ” means a business entity
operating in Oklahoma that uses a digital ne twork to connect
business entities including itself, its affiliates or people to CAS
Req. No. 128 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
drivers for the purpose of providing courier ser vices on an on-
demand basis. Courier services are pro vided on an on-demand basis
if the CAS drivers are free to acc ept or reject courier requests and
the CAS does not require the CAS driver to accept any specific
delivery request as a condition of mai ntaining access to the CAS
digital network. A CAS does not provide other for-hire motor
carrier services. A CAS shall not be deemed to control, direct or
manage the personal vehicles or participating drivers tha t connect
to its digital network, except where agreed to by written contract.
D. “Courier application service driver (CAS driver) ” means an
individual who uses a personal vehicle to provid e courier services
for business or people upon connection through a digital netw ork
controlled by a CAS in return for compensation or payment of a fee.
E. “Courier service” means the for-hire transportation of
property in a personal vehicle, with each individual piece of
property weighing less than one hundred (100) pounds, beginning
either when
1. A CAS driver accepts a cou rier request through a digital
network controlled by a CAS; or
2. If a CAS driver accepts such courier reques t for delivery
during a fixed block of time, whe n the CAS driver picks up the
property for delivery.
The courier service continues while the CAS driver is actively
transporting the requested property to the recipient and ends when
Req. No. 128 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
the property has been de livered. A courier service does not include
shared expense or transporting property not for profit, or o ther
for-hire motor carrier operations authorized by the laws of this
state.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1052 of Title 47, unless there
is created a duplication i n numbering, reads as follows:
Courier application service companies or courier application
service drivers shall not be considered motor carriers of property,
nor shall CAS or CAS drivers be considered for -hire motor carrier,
as defined in Section 230. 23 of Title 47 of the Oklahoma Statutes.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1053 of Title 47, unless there
is created a duplicatio n in numbering, reads as follows:
Courier application service companies shall implement a zero-
tolerance policy against CAS drivers operating under the influence
of drugs or alcohol while providing courier services and shall
provide notice of this policy o n its digital network. Upon receipt
of a credible compla int alleging a violation of the zero-tolerance
policy, the CAS shall suspend the CAS driver’s access to the CAS’s
digital network and shall conduct an investigation into the reported
incident. The suspension shall last the duration of the
investigation.
Req. No. 128 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1054 of Title 47, unless there
is created a duplication in numbering, reads as follow s:
A. Prior to permitting an individual to act as a courier
application service driver on its digital ne twork, the courier
application service shall require the individual to submit to the
CAS information regarding his or her address, age , driver license
and other information required by the CAS.
B. A CAS shall not knowingly permit an individual to act as a
CAS driver on its digit al network who:
1. Does not possess a valid driver license;
2. Does not possess current proof of motor vehicle registration
for the motor vehicles used to provide courier services;
3. Does not possess proof of the motor vehicle liability
insurance required by law or rule for the motor vehicles used to
provide courier services; and
4. Is not at least eighteen (18) years of age.
C. Every CAS operating in this state shall implement a
procedure for periodic information updates to ensur e continued
compliance by each driver with the requir ements of this section.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1055 of Title 47, unless there
is created a duplication in numbering, reads as follows:
Req. No. 128 Page 6 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Every courier application service shall require that any motor
vehicles that a CAS driver will use to provide courier services
meets the equipment standards required of private motor vehicles
under Section 12-101 et seq. of Title 47 of the Oklahoma Statutes .
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1056 of Title 47, unless there
is created a duplication in numbering, reads as follows:
A. On or after November 1, 2021, a courier application ser vice
driver or courier application service on the CAS driver’s behalf
shall maintain liability motor vehicle insurance that recognizes
that the driver is a CAS driver or otherwise uses a vehicle to
transport property for compensation and covers the driver while the
driver is engaged in providing courier services .
B. The following motor vehicle insurance requirements s hall
apply while a CAS driver is engaged in courier services:
1. Primary motor vehicle liability insurance in the am ount of
at least Fifty Thousand Dollars ($50,000.00) for death and bodily
injury per person, One Hundr ed Thousand Dollars ($100,000.00) for
death and bodily injury per incident, and Twenty -five Thousand
Dollars ($25,000.00) for property damage;
2. Uninsured motorist coverage were not waived pursuant to
Section 3636 of Title 36 of the O klahoma Statutes; an d
3. The coverage requirements of this subsection may be
satisfied by any of the following :
Req. No. 128 Page 7 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
a. motor vehicle insurance maintained by the CAS driver ,
b. motor vehicle insurance maintained by the CAS , or
c. any combination of subparagraphs a and b of this
paragraph.
C. If insurance maintained by a CAS driver in subsection B of
this section has lapsed or otherwise does not provide the required
coverage, insurance mainta ined by a CAS shall provide the coverage
required by this section b eginning with the first dol lar of a claim
and have the duty to defend such claim.
D. Coverage under a motor vehicle insurance policy maintained
by the CAS shall not be dependent on a personal motor vehicle
insurer first denying a claim nor shall a person al motor vehicle
insurance policy be required to first deny a claim.
E. Insurance required by this section may with an insurer
authorized to do business in this state or with a surplus lines
insurer eligible under Section 1100 et seq. of Title 36 of the
Oklahoma Statutes.
F. Insurance satisfying the requirem ents of this section shall
be deemed to satisfy the financial responsibility requirement for a
motor vehicle under Chapter 7 of the Oklahoma H ighway Safety Code of
Section 7-101 et seq. of Title 47 of the Oklahoma Statutes, whi le
the CAS driver is engaged in providing courier services.
G. A CAS driver shall carry proof of coverage satisfying
subsection B of this section with him or her at all tim es during his
Req. No. 128 Page 8 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
or her use of a vehicle in connection with a CAS’s digital network.
Proof of coverage may be present ed in electronic format. In the
event of an accident, a CAS driver shall provide this insurance
coverage information to the directly intereste d parties, motor
vehicle insurers and investigating poli ce officers, upon request
pursuant to Section 7- 102 et seq. of Title 47 of the Oklahoma
Statutes. Upon such request, a CAS driver shall also disclose to
directly interested parties, motor vehicle insurers, and
investigating police officers whether he or s he was logged on to the
CAS’s digital network or on a cour ier service at the time of an
accident.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1057 of Title 47, unless there
is created a duplication in numbering, reads as follows:
The Courier application services shall disclose in writing to
CAS drivers the following before they are allowed to accept a
request for a courier service on t he CAS’s digital network:
1. The insurance coverage, including the types of coverage and
the limits for each c overage, that the CAS provides while the CAS
driver uses a personal vehicle in connection with a CAS ’s digital
network; and
2. That the CAS driver’s own motor vehicle insurance policy
might not provide any coverage while the driver is engaged in
providing courier services depending on its terms.
Req. No. 128 Page 9 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 9. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Se ction 1058 of Title 47, unless there
is created a duplication in numbering, reads as follows:
A. Insurers that write motor vehicle insurance in Oklahoma may
exclude any coverage afforded under the owner’s insurance policy for
any loss or injury that occurs while a CAS driver is engaged i n
providing courier services. This right to exclude all coverage may
apply to any coverage included in a motor vehicle insurance policy
including, but not limited to:
1. Liability coverage for bodily injury and property damage ;
2. Uninsured and underinsured moto rist coverage;
3. Medical payments coverage ;
4. Comprehensive physical damage coverage; and
5. Collision physical damage coverage.
B. Such exclusions shall apply notwithstanding any requirement
under Chapter 7 of the Oklahoma Highway Safety Code of Section 7 -101
et seq. of Title 47 of the Oklahoma Statutes. Nothing in this
section implies or requi res that a personal motor vehicle insurance
policy provide coverage while the CAS driver is engaged in providing
courier services or while the driver otherwise uses a vehi cle to
transport property for compensation. Nothing in this section shall
be construed to preclude an insurer from providing coverage for the
CAS driver’s vehicle if it chooses to do so by contract or
endorsement.
Req. No. 128 Page 10 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
C. Motor vehicle insurers that exclude coverage as permitted in
this section shall have no duty to defend or indemnify any claim
expressly excluded thereund er. Nothing in this article shall be
construed to invalidate or limit an exclusion contained in a policy
already in use or approved for use in this state prio r to the
effective date of this act that excludes coverage for vehicles used
to carry persons or property for a charge or availab le for hire by
the public. A motor vehicle insurer that defends or indemnifies a
claim against a CAS driver that is excluded under the terms of its
policy shall have a right of contribution against other insurer s
that provide motor vehicle insurance to the same CAS driver in
satisfaction of the coverage requirements of Section 7 of this act
at the time of loss.
D. In a claims coverage invest igation, a CAS and any insurer
potentially providing coverage under Section 7 of this act shall
cooperate to facilitate th e exchange of relevant information with
directly involved parties, law enforcement and any insurer of the
CAS driver if applicable, in cluding the precise times that a CAS
driver logged on and off of the CA S’s digital network in the twe lve-
hour period immediately preceding and in the twelve-hour period
immediately following the accident and disclose to one another a
clear description of t he coverage, exclusions and limits provided
under any motor vehicle insurance maintained under Section 7 of this
act.
Req. No. 128 Page 11 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 10. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1059 of Title 47, unless there
is created a duplication in numbering, reads as follows:
If a courier application service insurer makes a payment for a
claim covered under comprehensive or collision insurance coverage,
the CAS shall cause its insurer to issue the paym ent directly to the
business repairing the vehicle or jointly to the owner of the
vehicle and the primary lienholder.
SECTION 11. This act shall become effective November 1, 2021.
58-1-128 APW 1/21/2021 8:45:53 PM