8-02 Carriage of Persons
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<![CDATA[CHAPTER 8-02CARRIAGE OF PERSONS8-02-01. Gratuitous carrier - Degree of care required. A carrier of persons withoutreward shall use ordinary care and diligence for their safe carriage, except as the carrier's liability<br>is limited by the provisions of title 39.8-02-02. Carrier for reward - Degree of care required. A carrier of persons for rewardshall use the utmost care and diligence for their safe carriage, shall provide everything necessary<br>for that purpose, and shall exercise to that end a reasonable degree of skill.8-02-03. Safe vehicles required. A carrier of persons for reward shall provide vehiclessafe and fit for the purposes to which they are put and is not excused for default in this respect by<br>any degree of care.8-02-04. Overloading prohibited. A carrier of persons for reward must not overcrowdnor overload the vehicle used for carriage.8-02-05.Treatment of passengers.A carrier of persons for reward shall give topassengers all such accommodations as are usual and reasonable and must treat them with<br>civility and give them a reasonable degree of attention.8-02-06. Rate of speed - Delays. A carrier of persons for reward shall travel at areasonable rate of speed without any unreasonable delay or deviation from the proper route.8-02-07. Ridesharing arrangement - Definition.1."Carpool" means a ridesharing arrangement in a private passenger automobile or<br>station wagon by two or more persons, regardless of their relationship to each other,<br>to and from common or nearby employment sites. The term includes:a.Shared-driving, in which the car of each person in the arrangement is used and<br>alternated on an agreed-upon schedule; andb.Shared-riding, in which the same car is used during the arrangement and each<br>member contributes an agreed-upon amount to compensate for the cost of<br>operating the pool.2."Ridesharing arrangement" means the transportation of persons in a motor vehicle<br>where the transportation is incidental to another purpose of the driver or owner and<br>is not provided for pecuniary gain. The term shall include ridesharing arrangements<br>known as carpools and vanpools.3."Vanpool" means a ridesharing arrangement by a prearranged membership group<br>whose members are picked up at specified points to be taken to and from common<br>or nearby employment sites.The vanpool members each contribute anagreed-upon amount to compensate for the cost of operating the pool, the motor<br>vehicle used is other than a passenger automobile or station wagon, and is<br>manufactured and equipped to carry not more than fifteen persons, including the<br>driver. The vanpool may be owner-operated or employer-sponsored.8-02-08. Safety standards for passenger contract carriers - Penalty.1.The highway patrol shall establish minimum safety standards for passenger contract<br>carriers transporting fewer than fifteen passengers.The safety standards mustinclude provisions for driver qualifications; motor vehicle inspection, maintenance,<br>and repair; hours of service; drug and alcohol testing; and insurance. Insurance<br>safety standards for contract carriers that carry employees by contract with thePage No. 1employer must include uninsured and underinsured motorist coverage of not less<br>than one million dollars per occurrence for the benefit of the passengers being<br>transported. Coverage may be satisfied through a primary or an excess policy.2.The highway patrol shall issue a permit to a passenger contract carrier transporting<br>fewer than fifteen passengers which provides proof of compliance with the safety<br>standards.3.A person may not engage in the business of a passenger contract carrier<br>transporting fewer than fifteen passengers without obtaining and displaying in each<br>vehicle a permit issued under this section.4.In this section, "contract carrier" means a person engaged in the business of<br>carrying passengers for hire and in that business does not operate on a fixed route.<br>The term does not include a person who makes a single daily round trip to commute<br>to and from work, a person transporting only schoolchildren and teachers, a person<br>operating ambulance or funeral services, a person who on occasion and not as a<br>regular business enterprise transports one or more passengers for pay, a person<br>operating stretched sedan-type limousines, nor a person operating a taxicab service<br>using vehicles with a seating capacity of fewer than seven passengers.5.A contract carrier that willfully violates this section or rules adopted to implement this<br>section is guilty of an infraction.Page No. 2Document Outlinechapter 8-02 carriage of persons]]>