Louisiana Revised Statutes 45:201.5 – A. The transportation network company shall disclose the following in writing to each transportation network company driver before he is initially allowed to accept a request for a p
Terms Used In Louisiana Revised Statutes 45:201.5
- Bodily injury: means claims for general and special damages for personal injury arising under Civil Code Article 2315. See Louisiana Revised Statutes 45:201.4
- Contract: A legal written agreement that becomes binding when signed.
- Digital network: means any online-enabled application, software, website or system offered or utilized by a transportation network company that enables the prearrangement of rides with transportation network company drivers. See Louisiana Revised Statutes 45:201.4
- driver: means a person who receives connections to potential passengers and related services from a transportation network company in exchange for payment of a fee to the transportation network company, and who uses a personal vehicle to offer or provide a prearranged ride to persons upon connection through a digital network controlled by a transportation network company in return for compensation or payment of a fee. See Louisiana Revised Statutes 45:201.4
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Pre-trip acceptance period: means any period of time during which a driver is logged on to the transportation network company's digital network and is available to receive transportation requests but is not engaged in a prearranged ride as defined in Paragraph (4) of this Section. See Louisiana Revised Statutes 45:201.4
- Prearranged ride: means the provision of transportation by a driver to a rider that commences when a driver accepts a ride requested by a person through a digital network controlled by a transportation network company, continues during the driver transporting a requesting rider, and ends when the last requesting rider departs from the personal vehicle. See Louisiana Revised Statutes 45:201.4
- rider: means a person who uses a transportation network company's digital network to connect with a transportation network driver who provides prearranged rides to the rider in the driver's personal vehicle between points chosen by the rider. See Louisiana Revised Statutes 45:201.4
- Transportation network company: means a person, whether natural or juridical, that uses a digital network to connect transportation network company riders to transportation network company drivers who provide prearranged rides, or a person, whether natural or juridical, that provides a technology platform to a transportation network company rider that enables the transportation network company rider to schedule a prearranged ride. See Louisiana Revised Statutes 45:201.4
- Vehicle: means every device by which any person or property is transported upon the highways of this state, except devices moved by animal power or exclusively upon stationary rails or tracks. See Louisiana Revised Statutes 45:162
A. The transportation network company shall disclose the following in writing to each transportation network company driver before he is initially allowed to accept a request for a prearranged ride on the transportation network company’s digital network:
(1) The insurance coverage, including the types of coverage and the limits for each coverage provided and any liability coverages rejected, which 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) That the transportation network company driver’s own automobile insurance policy may or may not provide any coverage while the driver is logged on to the transportation network company’s digital network during the pre-trip acceptance period or is engaged in a prearranged ride, depending on its terms.
B. To the extent that any agreement between a transportation network company and a driver or rider, or between a driver and a rider addresses liability, any provision that, in advance, excludes or limits the liability of one party for causing bodily injury to the other party is null.
C. Jurisdiction for any bodily injury or property damage claims resulting from the negligence or fault of a transportation network driver during a prearranged ride, or the offer or acceptance thereof, shall be exclusively conducted in a court of competent jurisdiction in the state of Louisiana, with all choice of law conflicts resolved in accordance with Louisiana law with respect to bodily injury or property damage claims. Nothing in this Section shall prohibit any transportation network company, transportation network company driver, and transportation network company rider from agreeing, by contract, to submit any contractual or other disputes to arbitration.
Acts 2015, No. 266, §1, eff. Jan. 1, 2016; Acts 2021, No. 300, §1.