South Dakota Codified Laws
Chapter 40 - Transportation Network Companies
Section 32-40-1 - Definitions.

32-40-1. Definitions.
Terms used in this chapter mean:
(1)"Digital network," any online-enabled application, software, website, or system offered or utilized by a transportation network company that enables a prearranged ride with a transportation network company driver;
(2)"Personal vehicle," a vehicle that is used by a transportation network company driver to provide a prearranged ride and is owned, leased, or otherwise authorized for use by the transportation network company driver. The term does not include any taxicab, limousine, or for-hire vehicle;
(3)"Prearranged ride," the provision of transportation by a driver to a rider, beginning when a driver accepts a rider's request for a ride through a digital network controlled by a transportation network company, continuing while the driver transports a requesting rider, and ending when the last requesting rider departs from the personal vehicle. The term does not include transportation provided through a shared expense carpool or vanpool arrangement or by using a taxicab, limousine, or other for-hire vehicle;
(4)"Transportation network company," a corporation, partnership, sole proprietorship, or other entity that uses a digital network to connect transportation network company riders to transportation network company drivers who provide prearranged rides and that does not control, direct, or manage the personal vehicles or transportation network company drivers that connect to its digital network, except where agreed to by written contract;
(5)"Transportation network company driver" or "driver," a person who receives connections to potential riders 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 provide a prearranged ride to riders upon connection through a digital network controlled by a transportation network company in return for compensation or payment of a fee;
(6)"Transportation network company rider" or "rider," a person who uses a transportation network company's digital network to connect with a transportation network driver who provides a prearranged ride to the person in the driver's personal vehicle between points chosen by the person.

Source: SL 2016, ch 167, ยง1.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 32 - Motor Vehicles

Chapter 40 - Transportation Network Companies

Section 32-40-1 - Definitions.

Section 32-40-2 - Application requirements for transportation network company drivers.

Section 32-40-3 - Criminal background, sex offender registry, and driving record checks of transportation network company drivers.

Section 32-40-4 - Persons prohibited from acting as transportation network company drivers.

Section 32-40-5 - Zero tolerance policy for drug and alcohol use by transportation network company drivers.

Section 32-40-6 - Personal vehicles to comply with vehicle equipment laws.

Section 32-40-7 - Motor vehicle insurance required covering transportation of riders for compensation.

Section 32-40-8 - Motor vehicle insurance requirements for driver logged on to transportation network company's digital network and available for transportation requests.

Section 32-40-9 - Motor vehicle insurance requirements for driver engaged in prearranged ride.

Section 32-40-10 - Transportation network company to provide coverage where driver's insurance lapsed or insufficient--Duty to defend.

Section 32-40-11 - Prohibited terms of insurance policy maintained by transportation network company.

Section 32-40-12 - Eligible insurers.

Section 32-40-13 - Financial responsibility requirements.

Section 32-40-14 - Proof of coverage required in vehicle--Information to be provided after accident.

Section 32-40-15 - Required transportation network company disclosures to drivers.

Section 32-40-16 - Exclusions permitted in personal motor vehicle insurance policies.

Section 32-40-17 - Construction with financial responsibility law.

Section 32-40-18 - Specific policy language not required for exclusion.

Section 32-40-19 - Primary or excess coverage for transportation network company driver's vehicle permitted.

Section 32-40-20 - Insurer has no duty to defend or indemnify excluded claim.

Section 32-40-21 - Insurer's right of contribution.

Section 32-40-22 - Disclosures required in claims investigations.

Section 32-40-23 - Municipal or county regulation of transportation network companies.