TITLE 40 MOTOR VEHICLES AND TRAFFIC

Section 1. Identification and Regulation, 40-1-1 through 40-1-200.

ARTICLE 3 MOTOR CARRIERS

40-1-193. Ride share network service registration requirement; licensure; required list of all ride share drivers; additional requirements for ride share network service businesses and drivers; law enforcement access to digital information in smart phone of driver.

1. Each ride share network service doing business or operating in this state shall register with the department. Upon receipt of registration by the department, the department shall issue a license to such ride share network service which shall be renewed on an annual basis. The department may charge a fee for such license and registration not to exceed $100.00.
2. Each ride share network service doing business or operating in this state shall maintain a current list of all ride share drivers who are enrolled in its network in this state. Such lists shall not be subject to inspection or disclosure under Article 4 of Chapter 18 of Title 50 but shall be made available for inspection by law enforcement officers and representatives of other government agencies upon request to ascertain compliance with this title.
3. Each ride share network service doing business or operating in this state shall:
   1. Take all necessary steps to determine that each driver contracted with such ride share network service possesses and maintains any required permits or licenses required by the federal government or this state;
   2. Ensure that each driver utilized by such ride share network service, whether such driver is employed directly by the ride share network service or operates as an independent contractor, has a current for-hire license endorsement or current private background check certification pursuant to Code Section 40-5-39;
   3. Have a zero tolerance policy with regard to the use of drugs or alcohol while on duty in place for drivers contracted with such ride share network service;
   4. Have for each ride share driver contracted with such ride share network service in this state insurance coverage in effect with respect to personal injury liability, property damage liability, and personal injury protection liability benefits available to drivers, passengers, pedestrians, and others in the same coverage amounts as required by law; and
   5. Comply with the provisions of Code Section 40-8-7. No vehicle inspections shall be required for vehicles used by ride share drivers.
4. Each ride share driver utilized by such ride share network service, whether such driver is employed directly by the ride share network service or operates as an independent contractor, shall maintain on his or her smartphone digital identification containing the following information while active on the ride share network service's digital network:
   1. The name and photograph of the driver;
   2. The make and model of the motor vehicle being driven;
   3. The license plate number of the motor vehicle being driven;
   4. Certificates of insurance for the motor vehicle being driven; and
   5. Such other information as may be required by the Department of Public Safety.

      Upon reasonable suspicion of a law enforcement officer of improper operation by a ride share driver, the ride share driver, upon request, shall provide the law enforcement officer with access to the smartphone containing the digital information required by this subsection and the electronic record of the trips sufficient to establish that the trip in question was prearranged through digital dispatch of the ride share network service. The ride share driver shall not be required to relinquish custody of the smartphone containing the digital information required by this subsection and the electronic record of the trips arranged through digital dispatch of the ride share network service.

5. A violation of this Code section shall be a misdemeanor.

(Code 1981, §40-1-193, enacted by Ga. L. 2015, p. 1262, § 3/HB 225.)