1. (1) A transportation network company or a transportation network driver is not subject to the requirements applicable to:

   1. (a) a motor carrier, under Title 72, Chapter 9, Motor Carrier Safety Act;
   2. (b) a common carrier, under Title 59, Chapter 12, Sales and Use Tax Act; or
   3. (c) a taxicab, under Title 53, Chapter 3, Uniform Driver License Act.

2. (2) A transportation network driver is:

   1. (a)

      1. (i) an independent contractor of a transportation network company; and
      2. (ii) not an employee of a transportation network company; or

   2. (b) for a motor vehicle with a level four or five automated driving system as defined in Section 41-26-102.1, in driverless operation, an automated driving system if dispatched:

      1. (i) at the direction of, on behalf of, or as an agent of a transportation network company; or
      2. (ii) at the direction of, on behalf of, or as an agent of a third party pursuant to an agreement between the third party and a transportation network company, operated on behalf of and as an agent of the transportation network company.

Amended by Chapter 459, 2019 General Session