Code of Virginia

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Code of Virginia
Title 46.2. Motor Vehicles
Subtitle III. Operation
Chapter 14. Ridesharing
7/23/2024

Chapter 14. Ridesharing.

§ 46.2-1400. "Ridesharing arrangement" defined.

"Ridesharing arrangement" means the transportation of persons in a motor vehicle when such transportation is incidental to the principal purpose of the driver, which is to reach a destination and not to transport persons for profit. The term includes ridesharing arrangements known as carpools, vanpools, and bus pools. "Ridesharing arrangement" does not include a prearranged ride as defined in § 46.2-2000.

1981, c. 218, § 46.1-556; 1989, c. 727; 2015, cc. 2, 3.

§ 46.2-1401. Motor carrier laws do not apply.

The following laws and regulations of the Commonwealth shall not apply to any ridesharing arrangement using a motor vehicle with a seating capacity for not more than fifteen persons, including the driver:

1. Laws and regulations containing insurance requirements that are specifically applicable to motor carriers or commercial vehicles;

2. Laws imposing a greater standard of care on motor carriers or commercial vehicles than that imposed on other drivers or owners of motor vehicles;

3. Laws and regulations with equipment requirements and special accident reporting requirements that are specifically applicable to motor carriers or commercial vehicles; and

4. Laws imposing a tax on fuel purchased in another state by a motor carrier or road user taxes on commercial buses.

1981, c. 218, § 46.1-557; 1989, c. 727; 2002, c. 337.

§ 46.2-1402. Workers' compensation law does not apply.

Title 65.2, providing compensation for workers injured during the course of their employment, shall not apply to a person injured while participating in a ridesharing arrangement between his place of residence and place of employment or termini near such places; however, if the employer owns, leases, or contracts for the motor vehicle used in such arrangement, Title 65.2 shall apply.

1981, c. 218, § 46.1-558; 1989, c. 727.

§ 46.2-1403. Liability of employer.

An employer shall not be liable for injuries to passengers and other persons resulting from the operation or use of a motor vehicle, not owned, leased or contracted for by the employer, in a ridesharing arrangement.

An employer shall not be liable for injuries to passengers and other persons because he provides information or incentives or otherwise encourages his employees to participate in ridesharing arrangements.

1981, c. 218, § 46.1-559; 1989, c. 727.

§ 46.2-1404. Ridesharing payments or transit reduced fares are not income.

Money and other benefits, other than salary, received by a driver in a ridesharing arrangement using a motor vehicle with a seating capacity for not more than fifteen persons, including the driver, shall not constitute income for the purpose of Chapter 3 (§ 58.1-300 et seq.) of Title 58.1 imposing taxes on income. Regular payments by riders toward a capital recovery fund not exceeding the cost of the vehicle or used to pay for leasing the vehicle shall be considered reimbursement for eligible expenses of operation. Neither shall the difference in the amount between discount and full transit fares constitute income for the purpose of Chapter 3 of Title 58.1 imposing taxes on income.

1981, c. 218, § 46.1-560; 1989, c. 727; 2002, c. 337.

§ 46.2-1405. Municipal licenses and taxes.

No county, city, or town may impose a tax on or require a license, including business licenses or gross receipts taxes, for a ridesharing arrangement using a motor vehicle with a seating capacity for not more than fifteen persons, including the driver.

1981, c. 218, § 46.1-561; 1989, c. 727; 2002, c. 337.

§ 46.2-1406. Overtime compensation and minimum wage laws.

The participation of an employee in any kind of ridesharing arrangement shall not result in the application of Title 40.1.

1981, c. 218, § 46.1-562; 1989, c. 727.

§ 46.2-1407. Certain ridesharing vehicles are not commercial vehicles or buses.

A motor vehicle used in a ridesharing arrangement that has a seating capacity for not more than fifteen persons, including the driver, shall not be a "bus" under those portions of this title relating to equipment requirements or rules of the road.

A motor vehicle used in a ridesharing arrangement that has a seating capacity for not more than fifteen persons, including the driver, shall not be a "bus" or "commercial vehicle" under the portions of this title relating to registration.

1981, c. 218, § 46.1-563; 1989, cc. 705, 727; 2002, c. 337.