House Bill 339 (AS PASSED HOUSE AND SENATE)
By: Representatives Leverett of the 123rd, Efstration of the 104th, Williamson of the 112th,
Gaines of the 120th, Gunter of the 8th, 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,
relating to motor carriers, so as to exempt ride share network services from liability for
actions of ride share drivers in certain instances; to revise definitions; to provide for
conforming changes; to provide for related matters; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 3 of Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to
motor carriers, is amended in Code Section 40-1-100, relating to definitions relative to
certification of motor carriers, by revising paragraphs (6) and (12) as follows:
"(6) <ins>'Elderly or disabled passenger' means an individual over the age of 60 years or who,
by reason of illness, injury, age, congenital malfunction, or other permanent or temporary
incapacity or disability, is unable to utilize mass transportation facilities as effectively as
an individual who is not so affected.</ins> <del>'Department' means the Department of Public
Safety."
</del>
"(12) 'Motor carrier' means:
(A) Every person owning, controlling, operating, or managing any motor vehicle,
including the lessees, receivers, or trustees of such persons or receivers appointed by
any court, used in the business of transporting for hire persons, household goods, or
property or engaged in the activity of nonconsensual towing pursuant to Code
Section 44-1-13 for hire over any public highway in this state.
(B) Except as otherwise provided in this subparagraph, <del>the term 'motor carrier'</del> <ins>such
term</ins> shall not include:
(i) Motor vehicles engaged solely in transporting school children and teachers to and
from public schools and private schools;
(ii) Taxicabs which operate within the corporate limits of municipalities and are
subject to regulation by the governing authorities of such municipalities; the
provisions of this division notwithstanding, vehicles and the drivers thereof operating
within the corporate limits of any city shall be subject to the safety regulations
adopted by the commissioner of public safety pursuant to Code Section 40-1-8;
(iii) Limousine carriers as provided for in Part 3 of this article;
(iv) Hotel passenger or baggage motor vehicles when used exclusively for patrons
and employees of such hotel;
(v) Motor vehicles operated not for profit with a capacity of 15 persons or less when
they are used exclusively to transport elderly <del>and</del> <ins>or</ins> disabled passengers or employees
under a corporate sponsored vanpool program, except that a vehicle owned by the
driver may be operated for profit when such driver is traveling to and from his or her
place of work, provided each such vehicle carrying more than nine passengers
maintains liability insurance in an amount of not less than $100,000.00 per person and
$300,000.00 per accident and $50,000.00 property damage. <del>For the purposes of this
part, elderly and disabled passengers are defined as individuals over the age of 60
years or who, by reason of illness, injury, age, congenital malfunction, or other
</del>
<del>permanent or temporary incapacity or disability, are unable to utilize mass
transportation facilities as effectively as persons who are not so affected;
</del> (vi) Motor vehicles owned and operated exclusively by the United States government
or by this state or any subdivision thereof;
(vii) Vehicles, owned or operated by the federal or state government or by any
agency, instrumentality, or political subdivision of the federal or state government,
or privately owned and operated for profit or not for profit, capable of transporting not
more than ten persons for hire when such vehicles are used exclusively to transport
<del>persons who are elderly, disabled,</del> <ins>elderly or disabled passengers</ins> en route to receive
medical care or prescription medication, or returning after receiving medical care or
prescription medication. <del>For the purpose of this part, elderly and disabled persons
shall have the same meaning as in division (v) of this subparagraph;</del> or
(viii) Ambulances."
SECTION 2.
Said article is further amended by adding a new Code section to read as follows:
<ins>"40-1-201.
(a) No ride share network service shall be liable under any theory of liability, including,
but not limited to, vicarious or product liability, for any injury to persons or damage to
property from the operation of a personal passenger car by a ride share driver by reason of
owning, operating, or maintaining a digital network or internet network to connect
passengers to ride share drivers for the purpose of prearranged transportation for hire or for
donation, provided that:
(1) There has been no negligence or criminal misconduct by the ride share network
service;
</ins>
<ins>(2) The ride share network service is in compliance with the requirements of this part
relating to obligations to a ride share driver and any other provision otherwise required
by law; and
(3) The ride share network service conducts or causes to conducted a criminal
background check or obtains a private background check certification as described in
Code Section 40-5-39 for each ride share driver at least once every two years.
(b) Any digital network or internet network used by a ride share network service shall be
considered a service and shall not qualify as a product."
</ins> SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.