Louisiana Revised Statutes 48:2205 – Controlling authority
Terms Used In Louisiana Revised Statutes 48:2205
- 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 an intrastate prearranged ride. See Louisiana Revised Statutes 48:2191
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the Louisiana Department of Transportation and Development. See Louisiana Revised Statutes 48:2191
- 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 48:2191
- 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.
- Local governmental subdivision: means any parish or municipality as defined in Louisiana Revised Statutes 48:2191
A. It is the intent of the legislature to provide uniform laws to govern companies, drivers, and vehicles throughout the state in order to protect and promote the safety and welfare of the residents of Louisiana.
B. Except as provided in La. Rev. Stat. 48:2204 and Subsection D of this Section, and notwithstanding any other provision of law to the contrary, companies, drivers, and vehicles are governed exclusively by state law, including Part C of the Motor Carrier law as provided for in La. Rev. Stat. 45:161 et seq., this Chapter, and any rules promulgated by the department consistent with this Chapter.
C. A local governmental subdivision shall not do any of the following:
(1) Impose a tax on, or require a license for, a company, a driver, or a vehicle if such tax or license relates to providing prearranged rides, except as provided in La. Rev. Stat. 48:2204 or Subsection D of this Section.
(2) Require a company or a driver to obtain a business license or any other type of similar authorization to operate within the jurisdiction.
(3) Subject a company, a driver, or a vehicle to any rate, entry, operation, or other requirement of the governing authority, except as provided in La. Rev. Stat. 48:2204 or Subsection D of this Section.
D. The provisions of this Section shall not prohibit:
(1) An airport from charging pick-up fees for the use of the airport’s facilities or designating locations for staging, pick-up, and other similar operations at the airport. An airport pick-up fee is not a local fee subject to the provisions of La. Rev. Stat. 48:2204.
(2) A police department of a local governmental subdivision from contracting with a company operating in the local governmental subdivision’s jurisdiction for the purpose of coordination of pick-up and drop-off zones associated with large events occurring in that jurisdiction. For the purposes of this Paragraph, a “large event” means any event designated as SEAR-1, under the Federal Special Event Assessment Rating system, or as a National Special Security Event. A contract under this Section:
(a) Shall not exclude any company holding a permit under La. Rev. Stat. 48:2193 from providing services at the event.
(b) Shall have comparable terms for each company, taxi cabs, limousines, or any other for-hire vehicles providing services at the large event.
(c) Shall not preclude the police department of a local governmental subdivision from enforcing traffic laws.
E. Nothing in this Section shall be construed to prohibit the state from maintaining, enforcing, prescribing, or continuing in effect any law or regulation regarding the sale, distribution, repair, or service of vehicles pursuant to Title 32 of the Louisiana Revised Statutes of 1950.
Acts 2019, No. 286, §2, eff. July 1, 2019.