2015 Indiana Code TITLE 8. UTILITIES AND TRANSPORTATION ARTICLE 2.1. MOTOR CARRIER REGULATION CHAPTER 19.1. TRANSPORTATION NETWORK COMPANIES
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IC 8-2.1-19.1
Chapter 19.1. Transportation Network Companies
IC 8-2.1-19.1-1
Permit required
Sec. 1. (a) A transportation network company may not operate in
Indiana without a permit issued under section 3 of this chapter.
(b) A permit is valid for one (1) year after the date of issuance.
As added by P.L.175-2015, SEC.10.
IC 8-2.1-19.1-2
Distinguished from carriers
Sec. 2. A TNC or a TNC driver is not:
(1) a common carrier;
(2) a contract carrier; or
(3) a motor carrier.
As added by P.L.175-2015, SEC.10.
IC 8-2.1-19.1-3
Permit requirements
Sec. 3. The department shall issue a permit to a TNC that satisfies
the following requirements:
(1) Establishes a zero tolerance policy for drug and alcohol use
under section 6 of this chapter.
(2) Requires compliance with applicable vehicle requirements
under section 7 of this chapter.
(3) Imposes motor vehicle insurance requirements that meet or
exceed the requirements under section 8 of this chapter.
(4) Establishes fare guidelines under section 13 of this chapter.
(5) Establishes a privacy policy under section 14 of this chapter.
(6) Adopts nondiscrimination and accessibility policies under
section 15 of this chapter.
(7) Establishes record maintenance guidelines under section 16
of this chapter.
As added by P.L.175-2015, SEC.10.
IC 8-2.1-19.1-4
TNC driver is independent contractor; TNC does not control
Sec. 4. Except as otherwise provided in a written contract:
(1) a TNC driver who connects to a TNC's digital network is an
independent contractor of the TNC; and
(2) a TNC is not considered to do either of the following:
(A) Control, direct, or manage a TNC driver who connects to
the TNC's digital network.
(B) Own, control, operate, or manage a personal vehicle used
by a TNC driver to provide prearranged rides.
As added by P.L.175-2015, SEC.10.
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IC 8-2.1-19.1-5
TNC driver requirements before acting as a TNC driver
Sec. 5. (a) Before a TNC allows an individual to act as a TNC
driver on the TNC's digital network, the TNC shall:
(1) require the individual to submit to the TNC an application
that includes:
(A) the individual's name, address, and age;
(B) a copy of the individual's driver's license;
(C) a copy of the certificate of registration for the personal
vehicle that the individual will use to provide prearranged
rides;
(D) proof of financial responsibility for the personal vehicle
described in clause (C) of a type and in the amounts required
by the TNC; and
(E) any other information required by the TNC;
(2) with respect to the individual, conduct, or contract with a
third party to conduct:
(A) a local and national criminal background check; and
(B) a search of the national sex offender registry; and
(3) obtain a copy of the individual's driving record maintained
under IC 9-14-3-7.
(b) A TNC may not knowingly allow to act as a TNC driver on the
TNC's digital network an individual:
(1) who has received judgments for:
(A) more than three (3) moving traffic violations; or
(B) at least one (1) violation involving reckless driving or
driving on a suspended or revoked license;
in the preceding three (3) years;
(2) who has been convicted of a:
(A) felony; or
(B) misdemeanor involving:
(i) resisting law enforcement;
(ii) dishonesty;
(iii) injury to a person;
(iv) operating while intoxicated;
(v) operating a vehicle in a manner that endangers a
person;
(vi) operating a vehicle with a suspended or revoked
license; or
(vii) damage to the property of another person;
in the preceding seven (7) years;
(3) who is a match in the national sex offender registry;
(4) who is unable to provide information required under
subsection (a); or
(5) who is less than nineteen (19) years of age.
As added by P.L.175-2015, SEC.10.
IC 8-2.1-19.1-6
Drug and alcohol policy
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Sec. 6. (a) A TNC shall establish and enforce a zero tolerance
policy for drug and alcohol use by TNC drivers during any period
when a TNC driver is engaged in, or is logged into the TNC's digital
network but is not engaged in, a prearranged ride. The policy must
include provisions for:
(1) investigations of alleged policy violations; and
(2) suspensions of TNC drivers under investigation.
(b) A TNC shall publish on the TNC's digital network:
(1) the policy established under subsection (a); and
(2) the procedure by which a TNC rider may report a violation
of the policy by a TNC driver.
As added by P.L.175-2015, SEC.10.
IC 8-2.1-19.1-7
Vehicle equipment compliance
Sec. 7. A TNC must require that a personal vehicle used to
provide prearranged rides must comply with all applicable laws and
regulations concerning vehicle equipment.
As added by P.L.175-2015, SEC.10.
IC 8-2.1-19.1-8
Motor vehicle insurance requirements; proof of coverage; payment
for repairs
Sec. 8. (a) Not later than July 15, 2015, a TNC driver, or a TNC
on the TNC driver's behalf, shall maintain primary motor vehicle
insurance that meets the following requirements:
(1) The motor vehicle insurance is issued:
(A) by an insurance company that holds a certificate of
authority to do insurance business in Indiana under
IC 27-1-3-20; or
(B) through a surplus lines producer licensed under
IC 27-1-15.8.
(2) The language of the motor vehicle insurance policy:
(A) recognizes that the driver is a TNC driver or otherwise
uses the personal vehicle to transport passengers for
compensation; and
(B) covers the driver while the driver is:
(i) logged on to the TNC's digital network; or
(ii) engaged in a prearranged ride.
(3) The motor vehicle insurance must meet the following
coverage requirements while a TNC driver is logged on to the
TNC's digital network, but is not engaged in a prearranged ride:
(A) Primary motor vehicle liability insurance in an amount
equal to at least:
(i) fifty thousand dollars ($50,000) per person for death
and bodily injury;
(ii) one hundred thousand dollars ($100,000) per incident
for death and bodily injury; and
(iii) twenty-five thousand dollars ($25,000) per incident
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for property damage;
(B) The insurance required by clause (A) may be provided
by any of the following:
(i) Motor vehicle insurance maintained by the TNC driver.
(ii) Motor vehicle insurance maintained by the TNC.
(iii) Motor vehicle insurance maintained by any
combination of items (i) and (ii).
(4) The motor vehicle insurance must meet the following
coverage requirements while a TNC driver is engaged in a
prearranged ride:
(A) Primary motor vehicle liability insurance in an amount
equal to at least one million dollars ($1,000,000) per incident
for death, bodily injury, and property damage.
(B) The insurance required by clause (A) may be provided
by any of the following:
(i) Motor vehicle insurance maintained by the TNC driver.
(ii) Motor vehicle insurance maintained by the TNC.
(iii) Motor vehicle insurance maintained by any
combination of items (i) and (ii).
(b) If motor vehicle insurance maintained by a TNC driver as
described in subsection (a) lapses or does not provide the required
coverage:
(1) motor vehicle insurance maintained by the TNC must
provide the required coverage beginning with the first dollar of
a claim; and
(2) the insurance company that issues the motor vehicle
insurance described in subdivision (1) has a duty to defend the
claim described in subdivision (1).
(c) Coverage under motor vehicle insurance maintained by a TNC
may not be dependent on a personal motor vehicle insurance
company's first denying a claim for coverage under a personal motor
vehicle insurance policy, nor may a personal motor vehicle insurance
company be required to first deny a claim.
(d) A motor vehicle insurance policy that meets the coverage
requirements of subsection (a) satisfies the financial responsibility
requirement of IC 9-25 while the driver of the personal vehicle is:
(A) logged on to the TNC's digital network; or
(B) engaged in a prearranged ride.
(e) A TNC driver shall do the following:
(1) At all times during which the TNC driver uses a personal
vehicle in connection with a TNC's digital network, carry proof
of the coverage required by subsection (a).
(2) In the event of an accident, upon request, provide to directly
interested parties, motor vehicle insurance companies, and
investigating law enforcement officers:
(A) the proof described in subdivision (1); and
(B) a disclosure of whether the TNC driver was:
(i) logged on to the TNC's digital network; or
(ii) engaged in a prearranged ride;
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at the time of the accident.
Information provided under this subdivision may be provided in
electronic form under IC 27-1-43-3, as applicable.
(f) If a TNC's motor vehicle insurance provides comprehensive
coverage or collision coverage for a claim for repair to a personal
vehicle, the TNC shall direct the insurance company to make the
claim payment:
(1) directly to the person that repairs the personal vehicle as
payment in full for the completed repairs; or
(2) jointly to:
(A) the owner of; and
(B) any primary lienholder on;
the personal vehicle.
As added by P.L.175-2015, SEC.10.
IC 8-2.1-19.1-9
Disclosures concerning motor vehicle insurance coverage
Sec. 9. A TNC shall, before the TNC allows a TNC driver to
accept a request for a prearranged ride on the TNC's digital network,
disclose in writing to the TNC driver all the following:
(1) The motor vehicle insurance coverage, including the types
of coverage and limits of liability for each type of coverage, that
the TNC provides while the TNC driver uses a personal vehicle
in connection with a TNC's digital network.
(2) That the terms of the TNC driver's own motor vehicle
insurance policy may not provide coverage while the TNC
driver is:
(A) logged on to the TNC's digital network; or
(B) engaged in a prearranged ride.
As added by P.L.175-2015, SEC.10.
IC 8-2.1-19.1-10
Exclusions of coverage permitted
Sec. 10. (a) An insurance company that writes motor vehicle
insurance in Indiana may exclude coverage under a motor vehicle
insurance policy issued to an owner or operator of a personal vehicle
for a loss or injury that occurs while the driver is:
(1) logged on to a TNC's digital network; or
(2) engaged in a prearranged ride.
(b) An exclusion described in subsection (a) includes any coverage
included in a motor vehicle insurance policy, including the following:
(1) Liability coverage for death, bodily injury, and property
damage.
(2) Uninsured and underinsured motorist coverage.
(3) Medical payments coverage.
(4) Comprehensive physical damage coverage.
(5) Collision physical damage coverage.
(c) An exclusion described in this section applies notwithstanding
any requirement of IC 9-25.
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(d) This chapter does not do either of the following:
(1) Require a personal motor vehicle insurance policy to provide
coverage while the driver is:
(A) logged on to a TNC's digital network;
(B) engaged in a prearranged ride; or
(C) otherwise using a personal vehicle to transport
passengers for compensation.
(2) Preclude an insurance company from providing the coverage
described in subdivision (1) under a contract or an endorsement.
As added by P.L.175-2015, SEC.10.
IC 8-2.1-19.1-11
Coverage exclusion; duty to defend, indemnify; right of
contribution
Sec. 11. (a) An insurance company that excludes coverage
described in section 10 of this chapter has no duty to defend or
indemnify a claim for coverage that is expressly excluded under a
motor vehicle insurance policy.
(b) This chapter does not invalidate or limit an exclusion:
(1) of coverage for a personal vehicle that is:
(A) used to carry an individual or property for a charge; or
(B) available for hire by the public; and
(2) contained in a motor vehicle insurance policy;
including a policy filed under IC 27-1-22-4 or in use in Indiana
before July 1, 2015.
(c) An insurance company that defends or indemnifies a claim
against a TNC driver for which coverage is excluded under the terms
of a motor vehicle insurance policy has a right of contribution against
any other insurance company that issues motor vehicle insurance
coverage to the TNC driver:
(1) in satisfaction of the requirements of section 8 of this
chapter; and
(2) in effect at the time the loss occurs.
As added by P.L.175-2015, SEC.10.
IC 8-2.1-19.1-12
Claim coverage investigation
Sec. 12. In a claim coverage investigation, a TNC and an
insurance company that issues a motor vehicle insurance policy
potentially providing the coverage required by section 8 of this
chapter shall cooperate to facilitate the exchange of information with
directly involved parties and any insurance company that issues a
motor vehicle insurance policy that provides coverage to the TNC
driver, including:
(1) the precise time that a TNC driver logs on to and off of the
TNC's digital network during the twelve (12) hour period
immediately preceding, and the twelve (12) hour period
immediately following, the accident; and
(2) disclosure among the parties and insurance companies of a
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clear description of the insurance coverage, exclusions, and
limitations that apply under any applicable motor vehicle
insurance policy that:
(A) is issued or maintained by a party; and
(B) provides the coverage required by section 8 of this
chapter.
As added by P.L.175-2015, SEC.10.
IC 8-2.1-19.1-13
Fare guidelines; payment
Sec. 13. (a) A TNC shall establish guidelines under which a TNC
may charge a fare for prearranged rides. The guidelines must require
the following:
(1) Disclosure of the fare calculation method on the TNC's
digital network.
(2) Publication to TNC riders of applicable rates at the time of
service.
(3) Providing a TNC rider the option to receive an estimated
fare before the TNC rider enters a personal vehicle operated by
a TNC driver.
(4) Payment of a fare only by electronic means using the TNC's
digital network.
(b) A TNC driver may not solicit or accept cash payments from
TNC riders.
As added by P.L.175-2015, SEC.10.
IC 8-2.1-19.1-14
Privacy policy
Sec. 14. (a) A TNC shall establish a privacy policy to protect the
personal identifying information of a TNC rider.
(b) A policy established under subsection (a) shall prohibit the
disclosure of a TNC rider's personal identifying information unless:
(1) the TNC rider consents in writing to the disclosure;
(2) the disclosure is required under law; or
(3) the disclosure is necessary to:
(A) protect or defend; or
(B) investigate violations of;
the terms of use of prearranged rides.
(c) A policy established under subsection (a) may authorize the
disclosure of a TNC rider's name and telephone number by a TNC to
a TNC driver to facilitate the provision of prearranged rides by the
TNC driver to the TNC rider.
As added by P.L.175-2015, SEC.10.
IC 8-2.1-19.1-15
Nondiscrimination and accessibility
Sec. 15. (a) A TNC shall adopt policies concerning
nondiscrimination and accessibility that comply with state and federal
law.
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(b) A TNC may not impose an additional charge on or a different
fare schedule for a TNC rider who is an individual with a disability.
(c) At the time a TNC rider requests a prearranged ride through a
TNC's digital network, the TNC shall provide the TNC rider an
opportunity to indicate whether the TNC rider requires a vehicle that
is wheelchair accessible. If the TNC is unable to make available a
vehicle that is wheelchair accessible, the TNC shall inform the TNC
rider of an alternative service that is wheelchair accessible.
As added by P.L.175-2015, SEC.10.
IC 8-2.1-19.1-16
Record maintenance requirements
Sec. 16. A TNC shall establish record maintenance guidelines that
require the following:
(1) Records related to the enforcement of a zero tolerance policy
established under section 6(a) of this chapter must be
maintained for at least two (2) years following the date on
which a TNC rider reports a violation of the policy.
(2) Individual trip records must be maintained for at least one
(1) year from the date of each trip.
(3) Records related to a TNC driver must be maintained for at
least one (1) year following the date on which a TNC driver is
no longer permitted to act as a TNC driver on the TNC's digital
network.
As added by P.L.175-2015, SEC.10.
IC 8-2.1-19.1-17
Display of TNC driver's photograph and license plate number
Sec. 17. At the time a TNC rider arranges with a TNC for a
prearranged ride, the TNC shall display on the TNC's digital network:
(1) a digital photograph of the TNC driver; and
(2) the license plate number of the personal vehicle;
that will be used to provide a prearranged ride to the TNC rider.
As added by P.L.175-2015, SEC.10.
IC 8-2.1-19.1-18
Electronic receipt
Sec. 18. Within a reasonable time after a TNC driver provides a
prearranged ride to a TNC rider, the TNC shall transmit to the TNC
rider an electronic receipt that includes the following information:
(1) The origin and destination of the trip.
(2) The total duration and distance of the trip.
(3) An itemization of the total fare.
As added by P.L.175-2015, SEC.10.
IC 8-2.1-19.1-19
Street hail prohibition
Sec. 19. A TNC or a TNC driver may not solicit or accept street
hails.
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As added by P.L.175-2015, SEC.10.
IC 8-2.1-19.1-20
Violation
Sec. 20. A person that violates this chapter commits a Class A
infraction.
As added by P.L.175-2015, SEC.10.
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