THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 706A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.
Sec. 2. “Monitored autonomous vehicle” means an autonomous vehicle, as defined in NRS 482A.030, in which a monitored autonomous vehicle monitor is physically present at all times during the operation of the vehicle.
Sec. 2.5. “Monitored autonomous vehicle monitor” means a person employed by a monitored autonomous vehicle provider to remain physically present in a monitored autonomous vehicle at all times during the operation of the vehicle to ensure:
1. The safety of the operations of the monitored autonomous vehicle; and
2. That the monitored autonomous vehicle complies with the applicable motor vehicle laws and traffic laws of this State.
Sec. 3. “Monitored autonomous vehicle provider” means a person who:
1. Owns and operates a monitored autonomous vehicle; and
2. Enters into an agreement with a transportation network company to receive connections to potential passengers and related services from a transportation network company in exchange for the payment of a fee to the transportation network company.
Sec. 4. (Deleted by amendment.)
Sec. 5. 1. A transportation network company may enter into an agreement with one or more monitored autonomous vehicle providers to receive connections to potential passengers from the company in exchange for the payment of a fee by the monitored autonomous vehicle provider to the company.
2. A monitored autonomous vehicle monitor employed by a monitored autonomous vehicle provider which has entered into an agreement with a transportation network company pursuant to subsection 1 may only accept compensation for his or her services from the monitored autonomous vehicle provider by which he or she is employed.
Sec. 5.5. A monitored autonomous vehicle provider who provides transportation services using a monitored autonomous vehicle is liable in tort for any damages arising out of the provision of transportation services in the same manner and to the same extent as if the monitored autonomous vehicle provider were a driver providing transportation services using a motor vehicle.
Secs. 6-10. (Deleted by amendment.)
Sec. 10.5. NRS 706A.010 is hereby amended to read as follows:
706A.010 It is hereby declared to be the purpose and policy of the Legislature in enacting this chapter to ensure the safety, reliability and cost-effectiveness of the transportation services provided by drivers and monitored autonomous vehicle providers affiliated with transportation network companies in this State.
Sec. 11. NRS 706A.020 is hereby amended to read as follows:
706A.020 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 706A.030 to 706A.060, inclusive, and sections 2, 2.5 and 3 of this act have the meanings ascribed to them in those sections.
Sec. 12. NRS 706A.050 is hereby amended to read as follows:
706A.050 “Transportation network company” or “company” means an entity that uses a digital network or software application service to connect a passenger to a driver or monitored autonomous vehicle provider who can provide transportation services to the passenger.
Sec. 13. NRS 706A.060 is hereby amended to read as follows:
706A.060 “Transportation services” means the transportation by a driver or monitored autonomous vehicle provider of one or more passengers between points chosen by the passenger or passengers and prearranged through the use of the digital network or software application service of a transportation network company. The term includes only the period beginning when a driver or a monitored autonomous vehicle provider accepts a request by a passenger for transportation through the digital network or software application service of a transportation network company and ending when the last such passenger fully disembarks from the motor vehicle operated by the driver .
or the monitored autonomous vehicle operated by the monitored autonomous vehicle provider.
Sec. 13.3. NRS 706A.075 is hereby amended to read as follows:
706A.075 1. Except as otherwise provided in subsection 2, the provisions of this chapter do not exempt any person from any law governing the operation of a motor vehicle upon the highways of this State.
2. A transportation network company which holds a valid permit issued by the Authority pursuant to this chapter, a driver or monitored autonomous vehicle provider who has entered into an agreement with such a company and a vehicle or monitored autonomous vehicle operated by such a driver or monitored autonomous vehicle provider are exempt from:
(a) The provisions of chapter 704 of NRS relating to public utilities; and
(b) Except as otherwise provided in NRS 706.88396, the provisions of chapter 706 of NRS,
to the extent that the services provided by the company ,
or driver or monitored autonomous vehicle provider are within the scope of the permit.
3. The provisions of this chapter relating to monitored autonomous vehicles and monitored autonomous vehicle providers do not apply to an autonomous vehicle network company which has been issued a permit pursuant to NRS 706B.130 or to a fully autonomous vehicle operated by such a company.
Sec. 13.6. NRS 706A.080 is hereby amended to read as follows:
706A.080 Nothing in this chapter shall be construed to deem a motor vehicle operated by a driver to provide transportation services or a monitored autonomous vehicle operated by a monitored autonomous vehicle provider to provide transportation services to be a commercial motor vehicle.
Sec. 14. NRS 706A.090 is hereby amended to read as follows:
706A.090 Except as otherwise provided in this chapter and the regulations adopted pursuant thereto or by a written contract between a transportation network company and a driver ,
or monitored autonomous vehicle provider, a company shall not control, direct or manage a
:
1. A driver or the motor vehicle operated by a driver .
; or
2. A monitored autonomous vehicle provider or any monitored autonomous vehicle operated by a monitored autonomous vehicle provider.
Sec. 14.5. NRS 706A.110 is hereby amended to read as follows:
706A.110 1. A transportation network company shall not engage in business in this State unless the company holds a valid permit issued by the Authority pursuant to this chapter.
2. A driver or monitored autonomous vehicle provider shall not provide transportation services unless the company with which the driver or monitored autonomous vehicle provider is affiliated holds a valid permit issued by the Authority pursuant to this chapter.
3. The Authority is authorized and empowered to regulate, pursuant to the provisions of this chapter, all transportation network companies ,
and drivers and monitored autonomous vehicle providers who operate or wish to operate within this State. Except as otherwise provided in NRS 706.88396, the Authority shall not apply any provision of chapter 706 of NRS to a transportation network company ,
or a driver or monitored autonomous vehicle provider who operates within the provisions of this chapter and the regulations adopted pursuant thereto.
Sec. 15. NRS 706A.130 is hereby amended to read as follows:
706A.130 1. Upon receipt of a completed application and upon a determination by the Authority that an applicant meets the requirements for the issuance of a permit to operate a transportation network company, the Authority shall issue to the applicant within 30 days a permit to operate a transportation network company in this State.
2. In accordance with the provisions of this chapter, a permit issued pursuant to this section:
(a) Authorizes a transportation network company to connect one or more passengers through the use of a digital network or software application service to a driver or monitored autonomous vehicle provider who can provide transportation services.
(b) Authorizes a transportation network company to make its digital network or software application service available to one or more drivers or monitored autonomous vehicle providers to receive connections to potential passengers from the company in exchange for the payment of a fee by the driver or monitored autonomous vehicle provider to the company.
(c) Except as otherwise provided in NRS 706.88396, does not authorize a transportation network company or any driver or monitored autonomous vehicle provider to engage in any activity otherwise regulated pursuant to chapter 706 of NRS other than the activity authorized by this chapter.
3. Nothing in this chapter prohibits the issuance of a permit to operate a transportation network company to a person who is regulated pursuant to chapter 706 of NRS if the person submits an application pursuant to NRS 706A.120 and meets the requirements for the issuance of a permit.
Sec. 16. NRS 706A.170 is hereby amended to read as follows:
706A.170 1. In accordance with the provisions of this chapter, a transportation network company which holds a valid permit issued by the Authority pursuant to this chapter may, on behalf of a driver ,
or monitored autonomous vehicle provider, charge a fare for transportation services provided to a passenger by the driver .
or monitored autonomous vehicle provider.
2. If a fare is charged, the company must disclose the rates charged by the company and the method by which the amount of a fare is calculated:
(a) On an Internet website maintained by the company; or
(b) Within the digital network or software application service of the company.
3. If a fare is charged, the company must offer to each passenger the option to receive, before the passenger enters the motor vehicle of a driver ,
or the monitored autonomous vehicle of a monitored autonomous vehicle provider, an estimate of the amount of the fare that will be charged to the passenger.
4. A transportation network company may accept payment of a fare only electronically. A transportation network company ,
or a driver or monitored autonomous vehicle provider shall not solicit or accept cash as payment of a fare.
5. A transportation network company shall not impose any additional charge for a driver or monitored autonomous vehicle provider who provides transportation services to a person with a physical disability because of the disability.
6. The Authority may adopt regulations establishing a maximum fare that may be charged during an emergency, as defined in NRS 414.0345.
Sec. 16.5. NRS 706A.180 is hereby amended to read as follows:
706A.180 1. A transportation network company shall not allow a driver or monitored autonomous vehicle provider to be connected to potential passengers using the digital network or software application service of the company if the motor vehicle operated by the driver or the monitored autonomous vehicle operated by the monitored autonomous vehicle provider to provide transportation services:
(a) Is not in compliance with all federal, state and local laws concerning the operation and maintenance of the motor vehicle .
or monitored autonomous vehicle.
(b) Has less than four doors.
(c) Is designed to carry more than eight passengers, including the driver.
(d) Is a farm tractor, mobile home, recreational vehicle, semitractor, semitrailer, trailer, bus, motorcycle or tow car.
2. A transportation network company shall inspect or cause to be inspected every motor vehicle used by a driver to provide transportation services and every monitored autonomous vehicle used by a monitored autonomous vehicle provider to provide transportation services before allowing the driver to use the motor vehicle or the monitored autonomous vehicle provider to use the monitored autonomous vehicle to provide transportation services and not less than once each year thereafter.
3. The inspection required by subsection 2 must include, without limitation, an inspection of the foot and emergency brakes, steering, windshield, rear window, other glass, windshield wipers, headlights, tail lights, turn indicator lights, braking lights, front seat adjustment mechanism, doors, horn, speedometer, bumpers, muffler, exhaust, tires, rear view mirrors and safety belts of the vehicle which ensures the proper functioning of each component.
Sec. 17. NRS 706A.190 is hereby amended to read as follows:
706A.190 1. A transportation network company shall adopt a policy which prohibits discrimination against a passenger or potential passenger on account of national origin, religion, age, disability, sex, race, color, sexual orientation or gender identity or expression.
2. A driver or monitored autonomous vehicle provider shall not discriminate against a passenger or potential passenger on account of national origin, religion, age, disability, sex, race, color, sexual orientation or gender identity or expression.
3. A transportation network company shall provide to each passenger an opportunity to indicate whether the passenger requires transportation in a motor vehicle or monitored autonomous vehicle that is wheelchair accessible. If the company cannot provide the passenger with transportation services in a motor vehicle or monitored autonomous vehicle that is wheelchair accessible, the company must direct the passenger to an alternative provider or means of transportation that is wheelchair accessible, if available.
Sec. 17.5. NRS 706A.200 is hereby amended to read as follows:
706A.200 1. For each instance in which a driver or monitored autonomous vehicle provider provides transportation services to a passenger, the transportation network company which connected the passenger to the driver or monitored autonomous vehicle provider shall provide to the passenger, before the passenger enters the motor vehicle of a driver , a
or the monitored autonomous vehicle of a monitored autonomous vehicle provider, as applicable:
(a) A photograph of the driver who will provide the transportation services and the license plate number of the motor vehicle operated by the driver .
; or
(b) The license plate number of the monitored autonomous vehicle operated by the monitored autonomous vehicle provider.
2. The information required by this section
subsection 1 must be provided to the passenger:
1.
(a) On an Internet website maintained by the company; or
2.
(b) Within the digital network or software application service of the company.
Sec. 18. NRS 706A.210 is hereby amended to read as follows:
706A.210 A transportation network company which connected a passenger to a driver or a monitored autonomous vehicle provider shall, within a reasonable period following the provision of transportation services by the driver or the monitored autonomous vehicle provider to the passenger, transmit to the passenger an electronic receipt, which must include, without limitation:
1. A description of the point of origin and the destination of the transportation services;
2. The total time for which transportation services were provided;
3. The total distance traveled; and
4. An itemization of the fare, if any, charged for the transportation services.
Sec. 19. NRS 706A.230 is hereby amended to read as follows:
706A.230 1. A transportation network company shall maintain the following records relating to the business of the company for a period of at least 3 years after the date on which the record is created:
(a) Trip records;
(b) Driver records and vehicle inspection records;
(c) Monitored autonomous vehicle provider records and monitored autonomous vehicle inspection records;
(d) Records of each complaint and the resolution of each complaint; and
(d)
(e) Records of each accident or other incident that involved a driver or monitored autonomous vehicle provider and was reported to the transportation network company.
2. Each transportation network company shall make its records available for inspection by the Authority upon request and only as necessary for the Authority to investigate complaints. This subsection does not require a company to make any proprietary information available to the Authority. Except as otherwise provided in subsection 3, any records provided to the Authority are confidential and must not be disclosed other than to employees of the Authority.
3. The Authority shall disclose to the Secretary of State the name of each driver and monitored autonomous vehicle provider and such other information as the Secretary of State determines necessary to enforce the provisions of chapter 76 of NRS. If the Secretary of State obtains any confidential information pursuant to this subsection, the Secretary of State, and any employee of the Secretary of State engaged in the administration of chapter 76 of NRS or charged with the custody of any records or files relating to the administration of chapter 76 of NRS, shall maintain the confidentiality of that information in the same manner and to the same extent as provided by law for the Authority.
Sec. 19.3. NRS 706A.250 is hereby amended to read as follows:
706A.250 1. Except as otherwise provided in this section, a transportation network company shall not disclose to any person the personally identifiable information of a passenger who received services from the company unless:
(a) The disclosure is otherwise required by law;
(b) The company determines that disclosure is required to protect or defend the terms of use of the services or to investigate violations of those terms of use; or
(c) The passenger consents to the disclosure.
2. A transportation network company may disclose to a driver or monitored autonomous vehicle provider the name and telephone number of a passenger for the purposes of facilitating correct identification of the passenger and facilitating communication between the driver or monitored autonomous vehicle provider and the passenger.
Sec. 19.6. NRS 706A.270 is hereby amended to read as follows:
706A.270 1. Each transportation network company shall provide to the Authority reports containing information relating to motor vehicle crashes involving drivers or monitored autonomous vehicle providers affiliated with the company which occurred in this State while the driver or monitored autonomous vehicle provider was providing transportation services or logged into the digital network or software application service of the company and available to receive requests for transportation services. The reports required by this subsection must contain the information identified in subsection 2 and be submitted:
(a) For all crashes that occurred during the first 6 months that the company operates within this State, on or before the date 7 months after the company was issued a permit.
(b) For all crashes that occurred during the first 12 months that the company operates within this State, on or before the date 13 months after the company was issued a permit.
2. The reports submitted pursuant to subsection 1 must include, for the period of time specified in subsection 1:
(a) The number of motor vehicle crashes which occurred in this State involving such a driver ;
or monitored autonomous vehicle provider;
(b) The highest, lowest and average amount paid for bodily injury or death to one or more persons that occurred as a result of such a crash; and
(c) The highest, lowest and average amount paid for damage to property that occurred as a result of such a crash.
3. The Authority shall collect the reports submitted by transportation network companies pursuant to subsection 1 and determine whether the limits of coverage required pursuant to NRS 690B.470 are sufficient. The Authority shall submit a report stating whether the limits of coverage required pursuant to NRS 690B.470 are sufficient and containing the information, in an aggregated format which does not reveal the identity of any person, submitted by transportation network companies pursuant to subsection 1 since the last report of the Authority pursuant to this subsection:
(a) To the Legislative Commission on or before December 1 of each odd-numbered year.
(b) To the Director of the Legislative Counsel Bureau for transmittal to the Nevada Legislature on or before December 1 of each even-numbered year.
Sec. 19.9. NRS 706A.280 is hereby amended to read as follows:
706A.280 1. A driver or autonomous vehicle provider shall not solicit or accept a passenger or provide transportation services to any person unless the person has arranged for the transportation services through the digital network or software application service of the transportation network company.
2. With respect to a passenger’s destination, a driver or monitored autonomous vehicle provider shall not:
(a) Deceive or attempt to deceive any passenger who rides or desires to ride in the driver’s motor vehicle .
or the monitored autonomous vehicle provider’s monitored autonomous vehicle.
(b) Convey or attempt to convey any passenger to a destination other than the one directed by the passenger.
(c) Take a longer route to the passenger’s destination than is necessary, unless specifically requested to do so by the passenger.
(d) Fail to comply with the reasonable and lawful requests of the passenger as to speed of travel and route to be taken.
3. A driver or monitored autonomous vehicle provider shall not, at the time the driver or monitored autonomous vehicle provider picks up a passenger, refuse or neglect to provide transportation services to any orderly passenger unless the driver or monitored autonomous vehicle provider can demonstrate to the satisfaction of the Authority that:
(a) The
For a driver , the driver has good reason to fear for the driver’s personal safety; or
(b) For a monitored autonomous vehicle provider, the monitored autonomous vehicle provider or monitored autonomous vehicle monitor has good reason to fear for the personal safety of the monitor in the monitored autonomous vehicle picking up the person requesting transportation services; or
(c) The driver or monitored autonomous vehicle provider is prohibited by law or regulation from carrying the person requesting transportation services.
Sec. 20. NRS 706A.300 is hereby amended to read as follows:
706A.300 1. If the Authority determines that a transportation network company ,
or driver or monitored autonomous vehicle provider has violated the terms of a permit issued pursuant to this chapter or any provision of this chapter or any regulations adopted pursuant thereto, the Authority may, depending on whether the violation was committed by the company, the driver, or both :
the company and the driver or both the company and the monitored autonomous vehicle provider:
(a) If the Authority determines that the violation is willful and endangers public safety, suspend or revoke the permit issued to the transportation network company;
(b) If the Authority determines that the violation is willful and endangers public safety, impose against the transportation network company an administrative fine in an amount not to exceed $100,000 per violation;
(c) Prohibit a person from operating as a driver ;
or monitored autonomous vehicle provider; or
(d) Impose any combination of the penalties provided in paragraphs (a), (b) and (c).
2. To determine the amount of an administrative fine imposed pursuant to paragraph (b) or (d) of subsection 1, the Authority shall consider:
(a) The size of the transportation network company;
(b) The severity of the violation;
(c) Any good faith efforts by the transportation network company to remedy the violation;
(d) The history of previous violations by the transportation network company; and
(e) Any other factor that the Authority determines to be relevant.
3. Notwithstanding the provisions of NRS 193.170, a person who violates any provision of this chapter is not subject to any criminal penalty for such a violation.
Sec. 21. NRS 706A.310 is hereby amended to read as follows:
706A.310 1. Except as otherwise provided in subsection 2, a local governmental entity shall not:
(a) Impose any tax or fee on a transportation
:
(1) A transportation network company operating within the scope of a valid permit issued by the Authority pursuant to this chapter , a
;
(2) A driver who has entered into an agreement with such a transportation network company described in subparagraph (1) or a vehicle operated by such a driver or for transportation services provided by such a driver .
; or
(3) A monitored autonomous vehicle provider who has entered into an agreement with a transportation network company described in subparagraph (1) or a monitored autonomous vehicle operated by such a monitored autonomous vehicle provider or for transportation services provided by such a monitored autonomous vehicle provider.
(b) Require a transportation network company operating within the scope of a valid permit issued by the Authority pursuant to this chapter to obtain from the local government any certificate, license or permit to operate within that scope or require a driver or mounted autonomous vehicle provider who has entered into an agreement with such a company to obtain from the local government any certificate, license or permit to provide transportation services.
(c) Impose any other requirement upon a transportation network company ,
or a driver or monitored autonomous vehicle provider which is not of general applicability to all persons who operate a motor vehicle within the jurisdiction of the local government.
2. Nothing in this section:
(a) Prohibits a local governmental entity from requiring a transportation network company ,
or driver or monitored autonomous vehicle provider to obtain from the local government a business license or to pay any business license fee in the same manner that is generally applicable to any other business that operates within the jurisdiction of the local government.
(b) Prohibits an airport or its governing body from requiring a transportation network company ,
or a driver or monitored autonomous vehicle provider to:
(1) Obtain a permit or certification to operate at the airport;
(2) Pay a fee to operate at the airport; or
(3) Comply with any other requirement to operate at the airport.
(c) Exempts a vehicle operated by a driver or monitored autonomous vehicle provider from any tax imposed pursuant to NRS 354.705, 371.043 or 371.045.
3. The provisions of this chapter do not exempt any person from the requirement to obtain a state business license issued pursuant to chapter 76 of NRS. A transportation network company shall notify each driver and monitored autonomous vehicle provider of the requirement to obtain a state business license issued pursuant to chapter 76 of NRS and the penalties for failing to obtain a state business license.
Sec. 22. (Deleted by amendment.)
Sec. 22.1. Chapter 690B of NRS is hereby amended by adding thereto the provisions set forth as sections 22.2 and 22.3 of this act.
Sec. 22.2. “Monitored autonomous vehicle provider” has the meaning ascribed to it in section 3 of this act.
Sec. 22.3. 1. A monitored autonomous vehicle provider shall ensure that proof of coverage under a policy of transportation network company insurance is contained within the monitored autonomous vehicle of the monitored autonomous vehicle provider at all times when the monitored autonomous vehicle provider is operating the monitored autonomous vehicle.
2. If the monitored autonomous vehicle of a monitored autonomous vehicle provider is involved in an accident or motor vehicle crash, the monitored autonomous vehicle provider shall ensure that any law enforcement officer and any party with whom the monitored autonomous vehicle is involved in the accident or motor vehicle crash is provided with:
(a) Proof of coverage under a policy of transportation network company insurance; and
(b) A disclosure as to whether the monitored autonomous vehicle provider was logged into the digital network or software application service of the transportation network company, available to receive requests for transportation services or providing transportation services at the time of the accident or motor vehicle crash.
3. As used in this section, “monitored autonomous vehicle” has the meaning ascribed to it in section 2 of this act.
Sec. 22.4. NRS 690B.400 is hereby amended to read as follows:
690B.400 As used in NRS 690B.400 to 690B.495, inclusive, and sections 22.2 and 22.3 of this act, the words and terms defined in NRS 690B.410 to 690B.430, inclusive, and section 22.2 of this act have the meanings ascribed to them in those sections.
Sec. 22.5. NRS 690B.425 is hereby amended to read as follows:
690B.425 “Transportation network company insurance” means a policy of insurance that includes coverage specifically for the use of a vehicle by a driver or monitored autonomous vehicle provider pursuant to NRS 690B.400 to 690B.495, inclusive .
and sections 22.2 and 22.3 of this act.
Sec. 22.6. NRS 690B.450 is hereby amended to read as follows:
690B.450 The provisions of NRS 690B.400 to 690B.495, inclusive, and sections 22.2 and 22.3 of this act do not apply to a person who is regulated pursuant to chapter 704 or 706 of NRS unless the person holds a permit issued pursuant to NRS 706A.130.
Sec. 22.7. NRS 690B.470 is hereby amended to read as follows:
690B.470 1. Every transportation network company or driver shall continuously provide, during any period in which the driver is providing transportation services, transportation network company insurance provided by an insurance company licensed by the Division of Insurance of the Department of Business and Industry and approved to do business in this State or a broker licensed pursuant to chapter 685A of NRS or procured directly from a nonadmitted insurer, as defined in NRS 685A.0375:
(a) In an amount of not less than $1,500,000 for bodily injury to or death of one or more persons and injury to or destruction of property of others in any one accident or motor vehicle crash that occurs while the driver is providing transportation services;
(b) In an amount of not less than $50,000 for bodily injury to or death of one person in any one accident or motor vehicle crash that occurs while the driver is logged into the digital network or software application service of the transportation network company and available to receive requests for transportation services but is not otherwise providing transportation services;
(c) Subject to the minimum amount for one person required by paragraph (b), in an amount of not less than $100,000 for bodily injury to or death of two or more persons in any one accident or motor vehicle crash that occurs while the driver is logged into the digital network or software application service of the transportation network company and available to receive requests for transportation services but is not otherwise providing transportation services; and
(d) In an amount of not less than $25,000 for injury to or destruction of property of others in any one accident or motor vehicle crash that occurs while the driver is logged into the digital network or software application service of the transportation network company and to receive available requests for transportation services but is not otherwise providing transportation services,
for the payment of tort liabilities arising from the maintenance or use of the motor vehicle.
2. Every monitored autonomous vehicle provider shall continuously provide, during any period in which a monitored autonomous a vehicle provider is operating monitored autonomous vehicle, transportation network company insurance provided by an insurance company licensed by the Division of Insurance of the Department of Business and Industry and approved to do business in this State or a broker licensed pursuant to chapter 685A of NRS or procured directly from a nonadmitted insurer, as defined in NRS 685A.0375, in an amount of not less than $1,500,000 for bodily injury to or destruction of property of others in any one accident or motor vehicle crash that occurs while the monitored autonomous vehicle provider is operating a monitored autonomous vehicle for the payment of tort liabilities arising from the maintenance or use of the monitored autonomous vehicle.
3. The transportation network company insurance required by subsection 1 or 2, as applicable, may be provided through one or a combination of insurance policies provided by the transportation network company ,
or the driver, or
the monitored autonomous vehicle provider, both .
the transportation network company and the driver or both the transportation network company and the monitored autonomous vehicle provider.
3.
4. Every transportation network company shall continuously provide, during any period in which the driver or monitored autonomous vehicle provider is providing transportation services, transportation network company insurance provided by an insurance company licensed by the Division of Insurance of the Department of Business and Industry and approved to do business in this State or a broker licensed pursuant to chapter 685A of NRS or procured directly from a nonadmitted insurer, as defined in NRS 685A.0375, which meets the requirements of subsection 1 or 2, as applicable, as primary insurance if the insurance provided by the driver :
or monitored autonomous vehicle provider:
(a) Lapses; or
(b) Fails to meet the requirements of subsection 1 .
or 2, as applicable.
4.
5. Notwithstanding the provisions of NRS 485.185 and 485.186 which require the owner or operator of a motor vehicle to provide insurance, transportation network company insurance shall be deemed to satisfy the requirements of NRS 485.185 or 485.186, as appropriate, regardless of whether the insurance is provided by the transportation network company , or the driver, or
the monitored autonomous vehicle provider, both ,
the transportation network company and the driver or both the transportation network company and the monitored autonomous vehicle provider, if the transportation network company insurance otherwise satisfies the requirements of NRS 485.185 or 485.186, as appropriate.
5.
6. In addition to the coverage required pursuant to subsection 1 ,
or 2, as applicable, a policy of transportation network company insurance may include additional coverage, including, without limitation, coverage for medical payments, coverage for uninsured or underinsured motorists, comprehensive coverage and collision coverage.
6.
7. An insurer who provides transportation network company insurance shall not require a policy of insurance for the operation of a motor vehicle required pursuant to NRS 485.185 or 485.186, as appropriate, to deny a claim before the transportation network company insurance provides coverage for a claim.
7.
8. An insurer who provides transportation network company insurance has a duty to defend and indemnify the driver or monitored autonomous vehicle provider and the transportation network company.
8.
9. An insurer who provides transportation network company insurance which includes comprehensive coverage or collision coverage for the operation of a motor vehicle against which a lienholder holds a lien shall issue any payment for a claim under such coverage:
(a) Directly to the person who performs repairs upon the vehicle; or
(b) Jointly to the owner of the vehicle and the lienholder.
9.
10. A transportation network company that provides transportation network company insurance for a motor vehicle not deemed to be the owner of the motor vehicle.
11. As used in this section, “monitored autonomous vehicle” has the meaning ascribed to it in section 2 of this act.
Sec. 22.8. NRS 690B.480 is hereby amended to read as follows:
690B.480 1. A policy of insurance for the operation of a motor vehicle required pursuant to NRS 485.185 or 485.186, as appropriate, is not required to include transportation network company insurance. An insurer providing a policy which excludes transportation network company insurance does not have a duty to defend or indemnify a driver or monitored autonomous vehicle provider for any claim arising during any period in which the driver or monitored autonomous vehicle provider is logged into the digital network or software application service of the transportation network company, available to receive requests for transportation services or providing transportation services.
2. An insurer who provides a policy of insurance for the operation of a motor vehicle required pursuant to NRS 485.185 or 485.186, as appropriate, may include transportation network company insurance in such a policy. An insurer may charge an additional premium for the inclusion of transportation network company insurance in such a policy.
3. An insurer who:
(a) Defends or indemnifies a driver or monitored autonomous vehicle provider for a claim arising during any period in which the driver or monitored autonomous vehicle provider is logged into the digital network or software application service of the transportation network company, available to receive requests for transportation services or providing transportation services; and
(b) Excludes transportation network company insurance from the policy of insurance for the operation of a motor vehicle provided to the driver ,
or monitored autonomous vehicle provider,
has the right of contribution against other insurers who provide coverage to the driver or monitored autonomous vehicle provider to satisfy the coverage required by NRS 690B.470 at the time of the loss.
Sec. 22.9. NRS 690B.490 is hereby amended to read as follows:
690B.490 In any investigation relating to tort liability arising from the operation of a motor vehicle, each transportation network company ,
and driver ,
and monitored autonomous vehicle provider, and each insurer providing transportation network company insurance to a transportation network company ,
or driver ,
or monitored autonomous vehicle provider who is involved in the underlying incident shall cooperate with any other party to the incident and any other insurer involved in the investigation and share information, including, without limitation:
1. The date and time of an accident or motor vehicle crash involving a driver .
or monitored autonomous vehicle provider.
2. The dates and times that the driver or monitored autonomous vehicle provider involved in an accident or motor vehicle crash logged into the digital network or software application service of the transportation network company for a period of 12 hours immediately preceding and 12 hours immediately following the accident or motor vehicle crash.
3. The dates and times that the driver or monitored autonomous vehicle provider involved in an accident or motor vehicle crash logged out of the digital network or software application service of the transportation network company for a period of 12 hours immediately preceding and 12 hours immediately following the accident or motor vehicle crash.
4. A clear description of the coverage, exclusions and limits provided under any policy of transportation network company insurance which applies.
Sec. 23. The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
Sec. 24. This act becomes effective upon passage and approval.
