N.D. Cent. Code ch. 26.1-40.1

N.D. Cent. Code ch. 26.1-40.1
in effect

N.D. Cent. Code § 26.1-40.1-01 Definitions

26.1-40.1-01. Definitions As used in this chapter and chapter 39-34, unless the context otherwise requires: 1. "Application off stage" of operation means the time period when the driver is operating the vehicle for personal noncommercial reasons and not engaged in any manner or operation for the transportation network company. 2. "Application on stage" means the time period the driver is logged onto the online-enabled application of a transportation network company and available for hire but not engaged and there is no passenger on board. 3. "Engaged stage" means the time period from the moment a participating driver accepts a ride request on the transportation network company's online-enabled application or platform until the passengers on-board stage begins. 4. "Participating driver" or "driver" means an individual who: a. Receives connections to potential passengers and related services from a transportation network company in exchange for payment or a fee to the transportation network company; and b. Uses a personal vehicle to offer or provide prearranged transportation services to a passenger upon connection through an online-enabled application or platform controlled by a transportation network company in return for compensation or payment of a fee. 5. "Passengers on-board stage" means the time period when there are passengers in the vehicle pursuant to the driver's participation in a transportation network company. 6. "Personal injury protection" means basic no-fault benefits as defined under subsection 2 of section 26.1-41-01. 7. "Transportation network company" means a person operating in this state which uses an online-enabled application or platform to connect a passenger with an independent participating driver who provides prearranged transportation services using a personal vehicle. A transportation network company may not be deemed to control, direct, or manage the personal vehicles or participating drivers that connect to the transportation network company's online-enabled application or platform, unless agreed to by written contract. 8. "Transportation network company insurance" means an insurance policy that covers a driver's use of a vehicle in connection with a transportation network company's online-enabled application or platform.

N.D. Cent. Code § 26.1-40.1-02 Required disclosures

26.1-40.1-02. Required disclosures 1. A transportation network company shall disclose in writing or electronic form to participating drivers, as part of its agreement with those drivers, the insurance coverage and limits of liability that the transportation network company provides while the driver uses a vehicle in connection with a transportation network company's online- enabled application or platform and shall advise a participating driver that the driver's personal automobile insurance policy may not provide coverage under the agreement. 2. A transportation network company shall disclose in writing or electronic form to participating drivers, as part of its agreement with those drivers, of when the driver's personal automobile insurance policy may not provide collision or comprehensive coverage, under the agreement. 3. A transportation network company shall provide notice in writing or electronically to the driver instructing the driver to notify the driver's personal automobile insurer of the driver's participation in the transportation network.

N.D. Cent. Code § 26.1-40.1-03 Insurance coverage required during the passenger on-board stage

26.1-40.1-03. Insurance coverage required during the passenger on-board stage A transportation network company and any participating driver shall maintain transportation network company insurance that provides for the following requirements that apply to transportation network company insurance during the passenger on-board stage. 1. Transportation network company liability insurance is primary and in the amount of one million dollars for death, bodily injury, and property damage. The requirements for the coverage required by this subsection may be satisfied by: a. Transportation network company insurance maintained by a participating driver. b. Transportation network company insurance maintained by a transportation network company. c. Any combination of subdivisions a and b. 2. Transportation network company insurance coverage provided under this section for uninsured motorist coverage must meet the requirements under section 26.1-40-15.2, which is primary coverage. 3. Transportation network company insurance coverage provided under this section for underinsured motorist coverage must meet the requirements under section 26.1-40-15.3, which is primary coverage. 4. Transportation network company insurance coverage must provide primary personal injury protection to drivers, passengers, and pedestrians under chapter 26.1-41. 5. The primary insurer, in the case of insurance coverage provided under subsection 1, has the sole duty to defend and indemnify the insured. 6. Coverage under a transportation network company insurance policy may neither be dependent on a driver's personal automobile insurance policy carrier first denying a claim nor a personal automobile insurance policy carrier being required to first deny a claim. 7. If transportation network company insurance maintained by a participating driver to fulfill the insurance obligations of this section has excluded coverage according to its policy or ceased to exist, the transportation network company shall provide the coverage required by this section beginning with the first dollar of a claim.

N.D. Cent. Code § 26.1-40.1-04 Insurance coverage during the application on stage with no passengers in vehicle

26.1-40.1-04. Insurance coverage during the application on stage with no passengers in vehicle. 1. During the application on stage and during the engaged stage, the transportation network company insurance must include: a. Motor vehicle liability coverage that is primary coverage. The coverage must include at least fifty thousand dollars per person and one hundred thousand dollars per incident for death and bodily injury and at least twenty-five thousand dollars for property damage. b. Uninsured motorist coverage under section 26.1-40-15.2 which is primary coverage. c. Underinsured motorist coverage under section 26.1-40-15.3 which is primary coverage. d. Personal injury protection under chapter 26.1-41 which is primary coverage. 2. The requirements for coverage under this section may be satisfied by: a. Transportation network company insurance maintained by a participating driver; b. Transportation network company insurance maintained by a transportation network company; or c. Any combination of subdivisions a and b. 3. The following apply to insurance requirements under this section: a. The primary insurer, in the case of insurance coverage provided under subdivision a of subsection 1, has the sole duty to defend and indemnify the insured. b. Coverage under a transportation network company insurance policy may neither be dependent on a driver's personal automobile insurance policy carrier first denying a claim nor a personal automobile insurance policy carrier being required to first deny a claim. c. If transportation network company insurance maintained by a participating driver to fulfill the insurance obligations of this section has excluded coverage according to its policy or ceased to exist, the transportation network company shall provide the coverage required by this section beginning with the first dollar of a claim.

N.D. Cent. Code § 26.1-40.1-05 Automobile insurers

26.1-40.1-05. Automobile insurers Insurers that write personal automobile insurance may allow no-fault insurance coverage to be conditional on transportation network company no-fault insurance coverage under sections 26.1-40.1-03 and 26.1-40.1-04.

N.D. Cent. Code § 26.1-40.1-06 Liability of transportation network company beyond required limits

26.1-40.1-06. Liability of transportation network company beyond required limits This chapter does not limit the liability of a transportation network company arising out of an automobile accident involving a participating driver in any action for damages against a transportation network company for an amount above the required insurance coverage.

N.D. Cent. Code § 26.1-40.1-07 Discretionary personal insurance where offered by personal automobile insurer

26.1-40.1-07. Discretionary personal insurance where offered by personal automobile insurer. A personal automobile insurer may offer an automobile liability insurance policy, or an amendment or endorsement to an existing policy that covers a private passenger vehicle or similar type of vehicle with a passenger capacity of less than eight persons, including the driver, while used in connection with a transportation network company's online-enabled application or platform.

N.D. Cent. Code § 26.1-40.1-08 Duty to cooperate

26.1-40.1-08. Duty to cooperate In a claims coverage investigation involving a participating driver, a transportation network company or its insurer shall cooperate with insurers that are involved in the claims coverage investigation to facilitate the exchange of information, including the provision of dates and times at which an accident occurred involving a participating driver and the precise times that the participating driver logged on and off the transportation network company's online-enabled application or platform.

N.D. Cent. Code § 26.1-40.1-09 Financial responsibility

26.1-40.1-09. Financial responsibility Transportation network company insurance that meets the requirements of this chapter is deemed to satisfy the financial responsibility requirements of chapter 39-16.

N.D. Cent. Code § 26.1-40.1-10 Proof of insurance

26.1-40.1-10. Proof of insurance A participating driver of a transportation network company shall carry proof of transportation network company insurance coverage at all times during the driver's use of a vehicle in connection with a transportation network company's online-enabled application or platform. In the event of an accident, a participating driver shall provide this insurance coverage information to any other party involved in the accident and to a police officer, upon request.

N.D. Cent. Code § 26.1-40.1-11 Authorized or eligible carrier

26.1-40.1-11. Authorized or eligible carrier Transportation network company insurance required by this chapter may be placed with an insurer authorized to do business in the state or with a surplus lines insurer eligible under section 26.1-44-03.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t26-1c40-1.pdfFetched: 10/16/2026