28-4032

28-4032. Persons subject to financial
responsibility requirements

A. Notwithstanding any other statute:

1. A person who operates in the furtherance of a commercial enterprise in this
state a motor vehicle or vehicle combination that has a declared gross weight of more
than twenty thousand pounds shall comply with the financial responsibility requirements
of this article and article 4 of this chapter.

2. A person who operates a motor vehicle or vehicle combination for the purpose of
transporting hazardous materials, hazardous substances or hazardous wastes as defined by
the department shall comply with the financial responsibility requirements of this
article and article 4 of this chapter unless any of the following applies:

(a) The transportation of hazardous materials, hazardous substances or hazardous
wastes is incidental to the principal purpose of the vehicular travel at the time the
transportation occurs.

(b) The transportation of hazardous materials, hazardous substances or hazardous
wastes is not in the furtherance of a commercial enterprise.

(c) The transportation of an amount of hazardous material listed in 49 Code of
Federal Regulations section 172.504(a) table two is less than one thousand pounds or not
more than one hundred ten gallons for a combustible liquid.

B. A person who operates a bus used to transport passengers for hire, other than a
car pool operator, shall comply with the financial responsibility requirements of this
article and article 4 of this chapter. This subsection does not apply to a car pool
operator. For the purposes of this subsection, "car pool operator" means a natural person
when engaged either regularly or occasionally in carrying one or more other persons by
motor vehicle on a public highway, with or without compensation, if the carriage of the
other person or persons is both:

1. Not for profit. A car pool operator is conclusively presumed not to be carrying
persons for profit if either:

(a) The operator receives compensation of not more than twenty cents per mile for
total vehicle miles traveled, except that the proportionate share of the car pool
operator shall be included in the amount.

(b) The operator carries one or more of the operator's passengers in consideration
of the operator being carried in like situations by the passenger or passengers. The
receipt of compensation of more than twenty cents per mile for total vehicle miles
traveled does not preclude a car pool operator from showing that this compensation does
not result in a profit to the operator or that the operator did not intend that a profit
result.

2. Incidental to another purpose of the car pool operator. Except in unusual
circumstances, the carriage is incidental to another purpose of the operator if the
operator is not making the trip solely for the purpose of carrying a passenger. A car
pool operator is conclusively presumed not to be transporting passengers for hire.

C. A person who is listed on the department's records as the owner of a taxi,
livery vehicle or limousine used to transport passengers for hire shall comply with the
financial responsibility requirements of this article and article 4 of this chapter.