An Act To Establish Transportation Network Company Insurance
Maine Legislature, Session 127, LD 1379
Committee: Insurance and Financial Services
Sponsors: BECK, McLEAN

Legislative Document 
No. 1379 
H.P. 934 
House of Representatives, April 29, 2015 
An Act To Establish Transportation Network Company Insurance 
Reference to the Committee on Insurance and Financial Services suggested and ordered 
printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative BECK of Waterville. 
Cosponsored by Representative: McLEAN of Gorham. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  24-A MRSA c. 93 is enacted to read: 
CHAPTER 93 
TRANSPORTATION NETWORK COMPANY INSURANCE 
§7301.  Short title 
This chapter may be known and cited as "the Transportation Network Company 
Insurance Act." 
§7302.  Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1.  Digital network.  "Digital network" means any online-enabled application, 
software, website or system offered or used by a transportation network company that 
enables the provision of prearranged rides by transportation network company drivers. 
2.  Personal vehicle.  "Personal vehicle" means a vehicle that: 
A.  Is used by a transportation network company driver; 
B.  Is owned, leased or otherwise authorized for use by the transportation network 
company driver; and 
C.  Is not a taxicab, as defined in Title 29-A, section 101, subsection 79, a limousine, 
as defined in Title 29-A, section 101, subsection 32 or for-hire transportation as 
defined in Title 29-A, section 101, subsection 25. 
3.  Prearranged ride.  "Prearranged ride" means transportation provided by a 
transportation network company driver to a transportation network company rider, 
beginning when the driver accepts a transportation request through a digital network and 
ending when the rider departs from the driver's personal vehicle.  "Prearranged ride" does 
not include transportation provided using a taxi, limousine or other for-hire vehicle. 
4.  Transportation network company.  "Transportation network company" means a 
corporation, partnership, sole proprietorship or other entity that is licensed pursuant to 
this chapter and is operating in the State and that uses a digital network to connect 
transportation network company riders to transportation network company drivers who 
provide prearranged rides. 
5.  Transportation network company driver; driver.  "Transportation network 
company driver" or "driver" means an individual who: 
A.  Receives information regarding potential passengers and related services from a 
transportation network company in exchange for payment of a fee to the 
transportation network company; and 
B.  Uses a personal vehicle to offer or provide prearranged rides to a transportation 
network company rider in return for compensation or payment of a fee. 
6.  Transportation network company rider; rider.  "Transportation network 
company rider" or "rider" means an individual or person who uses a transportation 
network company's digital network to connect with a transportation network company 
driver for a ride between locations chosen by the rider. 
§7303.  Control by transportation network company  
A transportation network company is not deemed to control, direct or manage the 
transportation network company drivers that connect to the transportation network 
company's digital network, or the drivers' personal vehicles, except as expressly provided 
in a written contract between the driver and the transportation network company. 
§7304.  Financial responsibility 
1.  Insurance coverage required.  Beginning October 1, 2015, a transportation 
network company driver or a transportation network company on the driver's behalf shall 
maintain primary automobile liability insurance that recognizes that the driver is a 
transportation network company driver or otherwise uses a vehicle to transport 
passengers for compensation and that covers the driver in accordance with this section. 
2.  Minimum insurance requirements for driver while on digital network.  A 
transportation network company driver must have primary automobile liability insurance 
that provides coverage while the driver is logged on to the transportation network 
company digital network but is not engaged in a prearranged ride in amounts that are no 
less than set forth in paragraph A or paragraph B, whichever is higher: 
A.  For death and bodily injury, $50,000 per person; for death and bodily injury per 
incident, $100,000;  and for property damage, $25,000; or 
B.  The minimum amounts of insurance coverage required under Title 29-A, section 
1605, and uninsured vehicle and underinsured motor vehicle coverage required 
pursuant to section 2902. 
The coverage requirements of this subsection may be satisfied by automobile insurance 
maintained by the transportation network company driver, automobile insurance 
maintained by the transportation network company or a combination of automobile 
insurance maintained by the transportation network company driver and the 
transportation network company. 
3.  Minimum insurance requirements while engaged in prearranged ride.  A 
transportation network company driver must have primary automobile liability insurance 
that provides coverage while the driver is engaged in a prearranged ride in amounts that 
are no less than set forth in paragraph A or paragraph B, whichever is higher: 
A.  For death, bodily injury and property damage, $1,000,000; or 
B.  The minimum amounts of insurance coverage required under Title 29-A, section 
1605, and uninsured vehicle and underinsured motor vehicle coverage required 
pursuant to section 2902. 
The coverage requirements of this subsection may be satisfied by automobile insurance 
maintained by the transportation network company driver, automobile insurance 
maintained by the transportation network company or a combination of automobile 
insurance maintained by the transportation network company driver and the 
transportation network company. 
4.  Lapse of coverage; duty to defend.  When automobile insurance maintained by a 
transportation network company driver to fulfill the insurance obligations of this section 
has lapsed or ceased to exist, the transportation network company shall provide the 
coverage required by this section beginning with the 1st dollar of a claim, and the 
transportation network company has a duty to defend the claim. 
5.  Coverage not dependent on denial of claim.  Coverage under an automobile 
insurance policy maintained by a transportation network company may not be dependent 
on the denial of the claim under a personal automobile insurance policy. 
6.  Insurer.  Insurance required by this section may be placed with an insurer that is 
licensed under the provisions of this Title or is authorized as a surplus lines insurer 
pursuant to chapter 19. 
7.  Satisfaction of financial responsibility requirements.  Insurance satisfying the 
requirements of this section is deemed to satisfy the financial responsibility requirement 
for a motor vehicle set forth in section 2902 and Title 29-A, section 1605. 
8.  Evidence of coverage for transportation network company insurance.  A 
transportation network company driver shall carry at all times evidence of coverage 
satisfying subsections 1 and 2 during the driver's use of a vehicle in connection with a 
transportation network company's digital network. A transportation network company 
driver shall provide evidence of insurance coverage to a law enforcement officer upon 
request and, in the event of an accident, a transportation network company driver shall 
provide insurance coverage information to the directly interested parties, automobile 
insurers and investigating police officers, upon request pursuant to Title 29-A, section 
1601.  Upon request, a transportation network company driver shall also disclose to 
directly interested parties, automobile insurers and investigating police officers whether 
the driver was logged on to the transportation network company's digital network or 
engaged in a prearranged ride at the time of an accident. 
§7305.  Disclosure 
Before a transportation network company driver may accept a request for a 
prearranged ride through the transportation network company's digital network, the 
transportation network company shall disclose in writing to the driver: 
1.  Coverage provided.  The insurance coverage, including the types of coverage and 
the limits for each coverage, that the transportation network company provides while the 
transportation network company driver uses a personal vehicle in connection with a 
transportation network company's digital network; and 
2.  Personal policy may not cover.  That the transportation network company 
driver's own automobile insurance policy, depending on the policy's terms, might not 
provide any coverage while the driver is logged on to the transportation network 
company's digital network and is available to receive transportation requests, or while the 
driver is engaged in a prearranged ride. 
§7306.  Automobile insurance provisions 
1.  Exclude coverage.  Notwithstanding section 2902 or Title 29-A, section 1605, an 
insurer that writes automobile insurance in this State may exclude coverage afforded 
under the policy issued to an owner or operator of a personal vehicle for any loss or 
injury that occurs while a driver is logged on to a transportation network company's 
digital network or while a driver is engaged in a prearranged ride. The authority to 
exclude coverage applies to any coverage included in an automobile insurance policy 
including, but not limited to: 
A.  Liability coverage for bodily injury and property damage; 
B.  Uninsured vehicle and underinsured motor vehicle coverage; 
C.  Medical payments coverage; 
D.  Comprehensive physical damage coverage; and 
E.  Collision physical damage coverage. 
Nothing in this section requires that a personal automobile insurance policy provide 
coverage while the driver is logged on to the transportation network company's digital 
network, the driver is engaged in a prearranged ride or the driver otherwise uses a vehicle 
to transport passengers for compensation. 
Nothing in this section may be construed to preclude an insurer from entering into a 
contract to provide coverage for a transportation network company driver's personal 
vehicle. 
2.  No duty to indemnify. If an insurer has excluded coverage described in section 
7304, the insurer has no duty to defend or indemnify any claim expressly excluded. 
Nothing in this chapter may be construed to invalidate or limit an exclusion contained  in  
a  policy,  including any policy in use or approved for use in this State prior to the 
enactment of this chapter, that excludes coverage for vehicles used to carry persons or 
property for a charge or available for hire by the public. 
3.  Right of contribution.  An automobile insurer that defends or indemnifies a claim 
against a driver that is excluded under the terms of its policy has a right of contribution 
against other insurers that provide automobile insurance to the same driver in satisfaction 
of the coverage requirements of section 7304 at the time of loss. 
4.  Cooperation.  In a claims coverage investigation, a transportation network 
company and any insurer potentially providing coverage under section 7304 shall 
cooperate to facilitate the exchange of relevant information with directly involved parties 
and any insurer of the transportation network company driver if applicable, including but 
not limited to: 
A.  The precise times that a transportation network company driver logged on to and 
off of the transportation network company's digital network in the 12-hour period 
immediately preceding and in the 12-hour period immediately following the accident; 
and 
B.  A clear description of the coverage, exclusions and limits provided under any 
automobile insurance maintained under this chapter. 
SUMMARY 
This bill establishes requirements for insurance coverage relating to the operation of 
transportation network companies in the State, which are companies that provide 
prearranged transportation services for compensation using a digital network to connect a 
passenger with a driver using a personal vehicle.