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ENGROSSED HOUSE AMENDME NT
TO
ENGROSSED SENATE BILL NO . 999 By: Bergstrom of the Senate
and
Frix of the House
An Act relating to transportation; creating the
Oklahoma Courier Application Services Act; providing
definitions; excluding motor carri er 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 certain info rmation to
courier service; prohibiting courier service from
hiring certain persons; requiring updates; requiring
certain equipment standards be met by courier
application service drivers; requiring certain entity
maintain commercial auto insurance in cert ain amount;
specifying time period that driver is responsible for
maintaining personal insurance; authorizing courier
application service insurance to provide coverage
without certain requirement; specifying insurers
eligible to provide insurance for couri er application
services; requiring courier application service
disclose information to driver prior to driver
accepting courier request; authorizing insurers to
exclude certain insurance coverage; construing
provision; providing that insurer not have certa in
duty; providing that certain insurer have right of
contribution; requiring insurer cooperation with
certain persons in certain investigation; requiring
direct payment from insurer to certain people under
certain circumstances; providing for codification ;
and providing an effective date.
AMENDMENT NO. 1. Delete the title, enacting clause and entire bill
and replace with:
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"An Act relating to transportation; creating the
Oklahoma Courier Application Services Act; providing
definitions; excluding moto r 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 certa in information to
courier service; prohibiting courier service from
hiring certain persons; requiring updates; requiring
certain equipment standards be met by courier
application service drivers; providing for
codification; and providing an effective date.
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 foll ows:
This act shall be known 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 e nables the prearrangement of courier
services with CAS drivers.
B. "Personal vehicle" means a vehicle that is used by a CAS
driver in connection with providing courier services and is:
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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 combination.
C. "Courier application services (CAS)" means a business entity
operating in Oklahoma that uses a digital network to connect
business entities including itself, its affiliates or people to CAS
drivers for the purpose of providing courier services on an on -
demand basis. Courier services are provided on an on -demand basis
if the CAS drivers are free to accept or reject courier requ ests and
the CAS does not require the CAS driver to accept any specific
delivery request as a condition of maintaining 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 that 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 network
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 ind ividual piece of
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property weighing less than one hundred (100) pounds, beginning
either when:
1. A CAS driver accepts a courier request through a digital
network controlled by a CAS; or
2. If a CAS driver accepts such courier request for delivery
during a fixed block of time, when 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
the property has been delivered. A courier ser vice does not include
shared expense or transporting property not for profit, or other
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 in 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 the re
is created a duplication in numbering, reads as follows:
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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 on its digital network. Upon receipt
of a credible complaint 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.
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 follows:
A. Prior to permitting an individual to act as a courier
application service driver on its digital network, the courier
application service shall require the individual to submit to the
CAS information regarding his or her add ress, 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 digital network who:
1. Does not possess a valid driver license;
2. Does not possess current proof of mo tor vehicle registration
for the motor vehicles used to provide courier services; and
3. Is not at least eighteen (18) years of age.
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C. Every CAS operating in this state shall implement a
procedure for periodic information updates to ensure continued
compliance by each driver with the requirements 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:
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 Oklahom a Statutes.
SECTION 7. This act shall become effective November 1, 2021. "
Passed the House of Representatives the 21st day of April, 2021.
Presiding Officer of the House of
Representatives
Passed the Senate the ____ day of _______ ___, 2021.
Presiding Officer of the Senate
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ENGROSSED SENATE
BILL NO. 999 By: Bergstrom of the Senate
and
Frix of the House
An Act relating to transportation; creating the
Oklahoma Courier Application Services 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 certain information to
courier service; prohibiting courier service from
hiring certain persons; requiring updates; requiring
certain equipment standards be met by courier
application service drivers; requiring certain entity
maintain commercial a uto insurance in certain amount;
specifying time period that driver is responsible for
maintaining personal insurance; authorizing courier
application service insurance to provide coverage
without certain requirement; specifying insurers
eligible to provide insurance for courier application
services; requiring courier application service
disclose information to driver prior to driver
accepting courier request; authorizing insurers to
exclude certain insurance coverage; construing
provision; providing that i nsurer not have certain
duty; providing that certain insurer have right of
contribution; requiring insurer cooperation with
certain persons in certain investigation; requiring
direct payment from insurer to certain people under
certain circumstances; provi ding for codification;
and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1050 of Title 47, unless the re
is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the “Oklahoma
Courier Application Services Act”.
SECTION 9. 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 providing 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 combination.
C. “Courier application services (CAS)” means a business entity
operating in Oklahoma that uses a digital network to connect
business entities including itself, its affiliates or people to CAS
drivers for the purpose of providing courier services on an on -
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demand basis. Courier services are provided on an on -demand basis
if the CAS drivers are free to accept or reject courier requests and
the CAS does not require the CAS driver to accept any specific
delivery request as a condition of maintaining 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 that connect
to its digital network, except where agreed to by written contract.
D. “Courier application service driver (CAS driver)” me ans an
individual who uses a personal vehicle to provide courier services
for business or people upon connection through a digital network
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 courier request through a digital
network controlled by a CAS; or
2. If a CAS driver accepts such courier request for delivery
during a fixed block of time, when 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 end s when
the property has been delivered. A courier service does not include
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shared expense or transporting property not for profit, or other
for-hire motor carrier operations authorized by the laws of this
state.
SECTION 10. 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 in numbering, reads as follows:
Courier application service companies or courier application
service drivers shall not be consid ered 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 11. 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 duplication 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 on its digital network. Upon receipt
of a credible complaint 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.
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SECTION 12. 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 follows:
A. Prior to permitting an individual to act as a courier
application service driver on its digital network, 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 digital network who:
1. Does not possess a valid dr iver 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 ensure continued
compliance by each driver with the requirements of this section.
SECTION 13. 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:
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Every courier application service shall requ ire 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 14. 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. A courier application service (CAS) shall maintain
commercial auto coverage, as defined in Section 7-600 of Title 47 of
the Oklahoma Statutes, with a combined single limit of at least One
Million Dollars ($1,000,000.00) that provides coverage to the CAS
for its liability arising out of the use of a hired, owned, or non -
owned vehicle used to tra nsport property for compensation.
B. When a CAS driver is not engaged in courier services, as
defined in this Act, the CAS driver shall be solely responsible for
maintaining state compliant automobile insurance coverage pursuant
to Section 7-601 of Title 47 of the Oklahoma Statutes.
C. Coverage under an insurance policy maintained by the CAS
shall not be dependent on a personal automobile insurer first
denying a claim nor shall a personal automobile insurance policy be
required to first deny a claim.
D. Insurance required by this section may be placed with an
insurer authorized to do business in this state or with a surplus
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lines insurer eligible under Section 1100 et seq. of Title 36 of the
Oklahoma Statutes.
SECTION 15. 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 the y are allowed to accept a
request for a courier service on the CAS’s digital network:
1. The insurance coverage, including the types of coverage and
the limits for each coverage, that the CAS provides while the CAS
driver uses a personal vehicle in connec tion with a CAS’s digital
network; and
2. That the CAS driver’s own motor vehicle insurance policy may
not provide any coverage while the driver is engaged in providing
courier services depending on its terms.
SECTION 16. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 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 unde r the owner’s insurance policy for
any loss or injury that occurs while a CAS driver is engaged in
providing courier services. This right to exclude all coverage may
apply to any coverage included in a motor vehicle insurance policy
including, but not lim ited to:
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1. Liability coverage for bodily injury and property damage;
2. Uninsured and underinsured motorist 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 requires 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 vehicle to
transport property for compensation. Nothing in this section shall
be construed to preclude an insurer from providing coverage fo r the
CAS driver’s vehicle if it chooses to do so by contract or
endorsement.
C. Motor vehicle insurers that exclude coverage as permitted in
this section shall have no duty to defend or indemnify any claim
expressly excluded thereunder. 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 prior to the
effective date of this act that excludes coverage for vehicles used
to carry persons or property for a charge or available 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
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policy shall have a right of contribution against other insurers
that provide motor vehicle insu rance 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 investigation, a CAS and any insurer
potentially providing coverage under Section 7 of this act shall
cooperate to facilitate the exchange of relevant information with
directly involved parties, law enforcement and any insurer of the
CAS driver if applicable, including the precise times that a CAS
driver logged on and off of the CAS’s digital network in the twelve -
hour period immediately preceding and in the twelve -hour period
immediately following the accident and disclose to one another a
clear description of the coverage, exclusions and limits provided
under any motor vehicle insurance maintained under Section 7 of this
act.
SECTION 17. 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 payment directly to the
business repairing the vehicle or jointly to the owner of the
vehicle and the primary lienholder.
SECTION 18. This act shall become effective November 1, 2021.
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Passed the Senate the 9th day of March, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2021.
Presiding Officer of the House
of Representatives