An Act To
Maine Legislature, Session 127, LD 1379
Committee Amendment CA_A_H397 (House)

COMMITTEE AMENDMENT "A" to H.P. 934, L.D. 
Establish Transportation Network Company Insurance" 
1379, Bill, "An Act To 
Amend the bill by inserting after the title and before the enacting clause the 
following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, transportation network companies that are currently operating in this State 
are not subject to state regulation; and 
Whereas, this legislation establishes requirements for the operation of transportation 
network companies in the State; and 
Whereas, immediate enactment of this legislation is necessary to ensure that 
transportation network companies are subject to state regulation as soon as possible for 
the protection of those individuals who use their services; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,' 
Amend the bill in section 1 in §7302 in subsection 3 in the last line (page 1, line 25 in 
L.D.) by inserting after the following: "vehicle" the following: 'or transportation through 
a shared-expense carpool or vanpool arrangement that does not generate income or profit 
or accept a transportation request through a digital network' 
Amend the bill in section 1 in §7302 in by striking out all of subsection 4 and 
inserting the following: II 
'4. Transportation network company. "TranspOliation network company" means a 
corporation, partnership, sole proprietorship or other entity operating in the State that uses 
a digital network to connect transportation network company riders to transportation 
network company drivers who provide prearranged rides. 
"Transportation network 
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COMMITTEE AMENDMENT "A" to RP. 934, L.D. 1379 
company" does not include a transportation broker arranging nonemergency medical 
transportation for Medicaid or Medicare members pursuant to a contract with the State or 
a managed care organization.' 
Amend the bill in section 1 by striking out all of §§7303 to 7306 and inserting the 
following: 
'§7303. Financial responsibility 
1. Insurance coverage required. 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 riders for compensation and that covers the 
driver in accordance with this section. 
2. Minimum insurance requirements for driver while on digital network. While 
a transportation network company driver is logged into the transportation network 
company digital network but is not engaged in a prearranged ride, primary automobile 
liability insurance must be maintained in the following amounts: 
A. For death and bodily injury, $50,000 per person; for ~eath and bodily injury per 
incident, $100,000; and for property damage, $25,000; 
B. The minimum amounts of insurance coverage for medical payments under Title 
29-A, section 1605-A; and 
C. 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. While 
a tra~sportation network company driver is engaged in it prearranged ride, primary 
automobile liability insurance must be maintained in the following amounts: 
A, For death, bodily injury and property damage, $1,000,000; 
B. The minimum amounts of insurance coverage for medical payments under Title 
29~A, section 1605-A; and 
C. 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 
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COMMITTEE AMENDMENT ,A" to H,P, 934, L.D, 1379 
has lapsed or does not provide the coverage required by this section, the transportation 
network company shall provide the coverage required by this section beginning with the 
first dollar of a claim, and the transpOliation network company's insurer has a duty to 
defend the claim. 
S. 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 evidenc;e of coverage 
satisfying this section during the driver's use of a vehicle il1 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 into the transportation network company's digital network or 
engaged in a prearranged ride at the time of an accident. 
9. 
Claims payments. 
If a transportation network company's insurer makes a 
payment for a claim covered under comprehensive ~overage or collision coverage, the 
transportation network company 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 on the covered vehicle, 
§7304. 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; 
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 into the transportation network 
company's digital network and is available to receive transportation requests or while the 
driver is engaged in a prearranged ride; 
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COMMITTEE AMENDMENT "A" to H.P, 934, L.D, 1379 
3. Contact insurer or agent. That the transportation network company driver must 
contact th~ driver's pers~nal automobile insurer 'or 'ins~ral1ce produc~r to ad~isethe 
insurer or producer that the driver will be providing transportatiotl network services and 
to determine the coverage, if any, that may be available from th(l driver's personal 
autOlllobile insu~ance policy; and 
4; 
Potential impact on lien. That, if the motor vehicle that the transportation 
network cornp~my driver uses to provide transportation netw~~l~ services has a lien against 
it, using th~ motor vehicle for transportation n~twork services without physical damage 
coverage may violate the terms of the contract with the lienholder. 
§7305. Aut~mobile insurance provisions 
1. Exclude coverage. Notwithstanding section 2902 or Title 29-A, section 1605, an 
insurer that writes auto~obilt; in~urance in thisStat~' may exclude' coverage affor'ded 
under the policy issued to an owner or operator of a personal vehicle for any loss or 
injury that occurs while a transportation, network company' driver is logged into' a 
transportation network company's digital netwQrk 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 into the transportation network company's digital 
network, the driver is engaged in a prearranged ride or the driver otherwise uses a vehicle 
to transport riders 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 c~mpany driver's personal 
vehicle. 
2., No duty t,o indemnify. If an insurer has excluded coverage described in section 
7303, the insurer has no duty to defend or indemnify any claim expressly excluded, 
Nothing in this chapter tnay 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 effective 
date of this chapter, that excludes coverage for vehicles used tQ carry persons or property 
for a charge .or available for hire by the public, 
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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 7303 at the time of loss. 
4. 
Cooperation. 
In a claims' coverage investigation, a transportation network 
company ,and any insurer potentially providing coverage under section 7303 shall 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" Pr to H.P. 934, L.p. 1379 
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 in.to and 
off of the transportation network company's digital network in the l2-hour period 
immediately preceding and in the l2-hour period immediately following the accident 
and 
B. A clear description of the coverage, exclusions and limits provided under~ 
automobile insurance maintained under this chapter.' 
Amend the bill by inserting after section 1 the following: 
'Sec. 2. 29-A MRSA c. 13, sub-c. 4 is enacted to read: 
SUBCHAPTER 4 
TRANSPORTATION NETWORK COMPANIES 
§1671. Definitions 
As used in this subchapter, unless the context otherwise indicates, the following 
terms have the following meanings. 
1. Digital network. "Digital network" has the same meaning as in Title 24-A, 
section 7302, subsection 1. 
2. Personal vehicle. "Personal vehicle" has the same meaning as in Title 24-A, 
section 7302, subsection 2. 
3. Prearranged ride. "Prearranged ride" has the same ll1~aning as in Title 24-A, 
section 7302, subsection 3. 
4. Trallsportation network company. 
"Tran~12ortation network company" has the 
same meaning as in Title 24-A, section 7302, subsection 4. 
5. 
Transportation network company driver; driver. "Transportation network 
company driver". or "driver" has the same meaning as in Title 24-A, section 7302, 
subsection 5. 
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6. 
Transportation network company rider; rider. 
"Transportation network 
company rider" or "rider" has the same meaning as in Title 24-A, section 7302, 
subsection 6. 
§1672. Transportation network company permit 
1. Permit required. A person may not operate a transportation network company 
without a permit issued by the Secretary of State, subject to the following conditions. 
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A. A transportation network company shall pay an annual fee of $1 0,000 for a permit 
under this section. 
B. A transportation network company shall maintain insurance in accordance with 
section 1673. 
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2. Application; validity of permit. An applica~ioll for a permit under this section 
must be made on a form provided or approved by the Secretary of State~ A permit under 
this section is valid for a period of one year. 
3. Termination of permit. The Secretary of State shall terminate a pem1it under 
this section' for failure to maintain insurance required' by ~ecti()n 1673 or to' otherwise 
comply with the requirements of this subchapter. The Secretary of ~tate may not reissue 
a permit tenninated under this subsection until: 
A. A reinstatement fee of $1 ,000 is paid to the Secretary of State; and 
B. 
Subsequent to the termination, the transportation network company pays the 
annual permit fee under subsection 1 and. ~emonstrates compliance with the 
requirements of this subchapter. 
4. Penalty. The following provisions apply to violation~under this sectign. 
A. Operation without a permit as required by subsection 1 is a Class D crime. 
B. Failure to maintain insurance as requireq by subsection 1, paragraph B is a Class 
D crime. 
§1673. Insurance requirements 
1. Insurance required. A transportation network comRany shall maintain insurance 
pursuant to this section. 
2. Proof of insurance. The Secretary of State shall certify proof of insurance prior 
to issuing a. permit under section 1672. The Secretary. of State may l10t -certify' an 
insurance policy as proof of insurance unless the policy meets the requirements of 
subsection 4 and until a copy of the form of policy has been on file with the 
Superintendent of Insurance for at least 30 days or the Superintendent of Insurance has 
approved in writing the form of the policy under subsection 3. 
.. Form. The form of policy under this section must contain: 
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A. The name and address of the insured; 
B. The conditions of coverage sufficient to identify whether or not a given vehicle is 
covered at a given time; 
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C. The policy period; 
D. The limits of liability; and 
E. An agreement that insurance is provided pursuant to this section. 
4. Required provisions. Aninsurance policyullder this section must: 
A. Provide coverage in accordance with the requirements of Title 24-A, section 
7303; and 
B. Comply with section 1606, subsections 2 to6. 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT ''4'' to H.P. 934, L.D. 1379 
§1674. Other requirements 
The following provisions apply to a transportation network company operating in this 
State. 
1. Not a motor carrier, taxicab, limousine or for-hire vehicle. A transportation 
network company or a transportation network company &iver is not a motor carrier, a 
taxicab, a limousine or a provider of for-hire transportation service. 
2. Agent. A transportation network company shetll de.signate an agent for service of 
process in this State. 
3. Fare for services. On behalf of a transportation network company driver, a 
transportation network company may charge a fare fo~ the services provided to riders; if a 
fare is collected from a rider, the transportation network company shall disclose to the 
rider the fare calculation method on its website or through the digital network. The 
transportation network company shall also provide a rider with the applicable rate being 
charged and the option to receive an estimated fare before the rider enters the 
transportation network company driver's vehicle. 
4. Identification of transportation network company vehicles and drivers. The 
transportation network company's digital network or web'site must display to a rider a 
picture of the transportation network company driver and the license plate number of the 
personal vehicle used for providing the preananged ride before the rider enters the 
transportation network company driver's vehicle. 
S. Electronic receipt. Within a reasonable period of time following the completion 
of a prearranged ride, a transportation network compan.x shall transmit an electronic 
receipt to. the rider that lists: 
A. The point of origin and destination of the prearranged ride; 
B. The total time and distance of the prearranged ride; and 
C. An itemization of the total fare paid, if any. 
6. No cash. A transportation network company shall adopt a policy prohibiting the 
solicitation or acceptance of a cash. payment from a ride! and notify transportation 
network company drivers of that policy. A transportation network company driver may 
not solicit or accept a cash payment from a rider. Any payment for a prearranged ride 
may be made only electronically using the transportation net~ork company's digital 
network 
7. Policy on discrimination; accessibility. A transportation network company shall 
adopt a policy addressing discrimination and accessibility that: 
A. Prohibits discrimination on the basis of destination, raye, color, national origin, 
religious belief or affiliation, sex, disability, age, sexual orientation or gender identity 
with respect to riders and potential riders; 
B. Requires a transportation network company driver to comply with all applicable 
laws regarding discrimination against riders or potential riders on the basis of 
destination, race, color, national origin, religious belief or affiliation, sex, disability, 
age, sexual orientation or gender identity; 
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COMMITIEE AMENDMENT" A" to H.P. 934, L.D. 1379 
C. Requires a transportation network company driver to comply with all applicable 
laws relating to accommodation. of service anim~ls; 
D. Prohibits the imposition of additional charges for providing services to persons 
with physical disabilities because of those disabilities; 
E. Provides a rider an opportunity to indicate whether the rider requires a wheelchair 
accessible ·vehicle.· If. a transportatiQn . network . company .. cannqt .~rrange for 
wheelchair accessible transportation in any instance, the transportation network 
company driver shall direct the rider to an alternate provider of wheelchair accessible 
service, if available; and 
F. Provides notice of the policy to each driver. 
8. 
Records. 
A transportation network company shall maintain individual 
prearranged ride records for at least one yeal'from' t~e' Qatee~c'h prearranged· ride was 
provided and transportation network com,Rany driver recorgs for, at least one year from 
the date on which a transportation network company driver's activation on the 
trans,Rortation network com,Rany's digital network has ended. 
§1675. Driv~r requirements 
A transportation network company must meet the following requirements with 
respect to drivers. 
1. 
Driver qualifications. 
Before allowing a driver to accept prearranged ride 
requests through a digital network, a transportation ·network·companyshall: 
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A. 
Require the individual to submit an application, which includes information 
regarding t,he ·individual's address, age, driver's lice~se, cl~~i~g ilistory,' registration of 
the personal vehicle, automobile liability in~uran~e and any other information 
required by the transportation network company; 
B. CQnduct, or have a 3rd partY conduct, a local and national criminal ~ilckground 
check for e.ach applicant that must inclllde a reyiew of: 
(1) A multistate and multijurisdiction criminal records database or a commercial 
nationwide criminal records database; and 
(2) . The United States Department of Justice national sex offender regisny 
database and the state sex offender registry database in the state that issued the 
individual's driver's license; and 
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C. Obtain and review a driving history report for the individual. 
2. 
Grounds for disqualification. A transportation ne,twork company may not 
permit an individual to act as a driver if the individual: ' , 
A. Is not at least 19 years. of age; 
B. Has had more than 3 moving violations in the prior 3-year period or one major 
violation in the prior 3-year period, including, but not limited to, attempting to evade 
the police, reckless driving or driving on a suspended or revoked license; 
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COMMITTEE AMENDMENT "P" to H.P. 934, L.D. 1379 
C. Has been convicted. within the past 7 years, of driving under tile influence of 
drugs or alcohol, fraud, a sexual offense, use of a motor vehicle to commit a felony. a 
crime involving property damage or theft, an act of violence or an act of terror; 
D. Is a match in the national sex offender registry datapase or is required to register 
in the state that issued the individual's driver's license pursuant to that state's sex 
offender registration laws; 
E. Does not possess a valid driver's license; 
F. Does not possess proof of registration for the motor vehicle to be used to provide 
a prearranged ride; or 
G. Does not possess proof of automobile liability insurance for the motor vehicle to 
be used to provide a prearranged ride. 
3. Prohibition of drug or alcohol use. A transportation network company shall 
adopt and implement a policy regarding a driver's use of drugs or alcohQl while accessing 
the transportation network company's digital network in accordance with this suQsection. 
A. The policy adopted under this subsection must prohibit the use of drugs or alcohol 
while a driver is providing a prearranged ride and address such use while a driver is 
logged into the digital network, but is not providing a prearranged rige. The 
!ransportation network company shall provide notice of the policy on its vvebsite, as 
well as procedures to report a complaint aboyt a drive~ who the rider reasonably 
suspects was under the influence of drugs or alcohol during the course of the 
prearranged ride. 
B. Upon receipt of a rider complaint under paragraph A, the transportation network 
company shall immediately suspend the driver's access to the digital network and 
shall conduct an investigation into the reported incident. The suspension must last 
the duration of the investigation. 
C. 
A transportation network company shall maintain records relevant to the 
enforcement of its policy under this subsection for a period of at least 2 years from 
the date that a rider complaint is received by the transportation network company. 
4. Vehicle s~fety and emissions. A transportatipn n~.twork company shall regllire 
that any motor vehicle used by a driver to provide a prearranged ride meets any safety 
and emissions requirements of the stat~ in which the veh'icle is registered. 
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5. No str~et hails. A transportation network company driver may not solicit or 
accept street hails. 
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§1676. No application to workers' compensation 
This subchapter does not apply to claims or proceedings involving workers' 
compensation. 
§1677. Municipal action 
Notwithstanding any other proVlsIOn of law, a municipality or other political 
subdivision may not adopt an ordinance, regulation or procedure governing the operations 
of a transportation network company, driver or motor vehicle used by a transportation 
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COMMITTEE AMENDMENT "A" to H.P. 934, L.D. 1379 
network company driver to provide a prearranged ride or itnpose a tax or fee on or require 
a license fgr a transportation network company, driver or motor vehicle used by a 
transportation network company driver to provide a prearranged ride. 
Sec. 3. Issuance of permit. Notwithstanding the Maine Revised Statutes, Title 
29-A, section 1673, subsection 2, the Secretary of State shall certify proof of insurance 
filed by a transportation network company operating in this State on the effective date of 
this Act upon a detennination that the policy meets the requirements of Title 29-A, 
section 1673, subsection 4. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved~' 
SUMMARY 
This amendment creates a pennitting process for transportation network companies to 
provide transportation services, establishes requirements for drivers providing 
transportation services on behalf of transportation network companies, establishes 
minimum motor vehicle liability insurance requirements for transportation network 
companies and drivers and prohibits municipalities from regulating transportation 
network companies and drivers. 
This amendment adds an emergency preamble and emergency clause to the bill. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 06/03115 
Mac.. 
LD 1379 
LR 1441(02) 
An Act To Establish Transportation Network Company Insurance 
Fiscal Note for Bill as Amended by Committee Amendment 1}' 01-391) 
Committee: Insurance and Financial Services 
Net Cost (Savings) 
Highway Fund 
Revenue 
Highway Fund 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Minor cost increase - Other Special Revenue Funds 
FY 2015-16 
FY 2016-17 
($10,000) 
($10,000) 
$10,000 
$10,000 
Correctional and Judicial Impact Statements 
Establishes new Class D crimes. 
The collection of additional fines may increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Projections 
FY 2017-18 
($10,000) 
$10,000 
Projections 
FY 2018-19 
($10,000) 
$10,000 
This legislation creates a permitting process for transportation network companies to provide transportation services 
and would increase Highway Fund revenue by $10,000 beginning in fiscal year 2015-16. Any additional costs to the 
Department of Secretary of State can be absorbed within existing budgeted resources. 
Any additional costs to the Department of Professional and Financial Regulation to adopt the changes in this bill are 
expected to be minor and can be absorbed within existing budgeted resOlirces. 
LR1441(02) - Fiscal Note - Page 1 of 1