# Title 8 — Carriage

## Chapter 8-02 — Carriage of Persons

### § 8-02-01. Gratuitous carrier - Degree of care required.

A carrier of persons without reward shall use ordinary care and diligence for their safe
carriage, except as the carrier's liability is limited by the provisions of title 39.
### § 8-02-02. Carrier for reward - Degree of care required.

A carrier of persons for reward shall use the utmost care and diligence for their safe
carriage, shall provide everything necessary for that purpose, and shall exercise to that end a
reasonable degree of skill.
### § 8-02-03. Safe vehicles required.

A carrier of persons for reward shall provide vehicles safe and fit for the purposes to which
they are put and is not excused for default in this respect by any degree of care.
### § 8-02-04. Overloading prohibited.

A carrier of persons for reward must not overcrowd nor overload the vehicle used for
carriage.
### § 8-02-05. Treatment of passengers.

A carrier of persons for reward shall give to passengers all such accommodations as are
usual and reasonable and must treat them with civility and give them a reasonable degree of
attention.
### § 8-02-06. Rate of speed - Delays.

A carrier of persons for reward shall travel at a reasonable rate of speed without any
unreasonable delay or deviation from the proper route.
### § 8-02-07. Ridesharing arrangement - Definition.

1. "Carpool" means a ridesharing arrangement in a private passenger automobile or
station wagon by two or more persons, regardless of their relationship to each other, to
and from common or nearby employment sites. The term includes:
a. Shared-driving, in which the car of each person in the arrangement is used and
alternated on an agreed-upon schedule; and
b. Shared-riding, in which the same car is used during the arrangement and each
member contributes an agreed-upon amount to compensate for the cost of
operating the pool.
2. "Ridesharing arrangement" means the transportation of persons in a motor vehicle
where the transportation is incidental to another purpose of the driver or owner and is
not provided for pecuniary gain. The term shall include ridesharing arrangements
known as carpools and vanpools.
3. "Vanpool" means a ridesharing arrangement by a prearranged membership group
whose members are picked up at specified points to be taken to and from common or
nearby employment sites. The vanpool members each contribute an agreed-upon
amount to compensate for the cost of operating the pool, the motor vehicle used is
other than a passenger automobile or station wagon, and is manufactured and
equipped to carry not more than fifteen persons, including the driver. The vanpool may
be owner-operated or employer-sponsored.
### § 8-02-08. Safety standards for passenger contract carriers - Penalty.

Repealed by S.L. 2021, ch. 280, § 7.
