Rules and insurance for shared mobility vehicle parking permits

(a) An operator shall comply with all applicable city, State, and federal laws, including but not limited to the State and city traffic codes and laws governing uses of streets or highways, bikeways, sidewalks, and specific classes of SMVs. An operator shall educate SMV users regarding the laws applicable to riding, operating, and parking an SMV, and compliance with these laws. (b) An operator shall obtain, maintain, and keep in force through the term of the operator permit insurance policies issued by insurance or surety companies authorized by law to issue such insurance in the State of Hawaii in the following amounts: (1) General liability insurance of not less than $2,000,000 for bodily injury and property damage liability arising out of each occurrence and $4,000,000 in the aggregate; (2) Business automobile liability insurance of not less than $1,000,000 combined single limit per accident; and (3) Worker’s compensation insurance as required by law. All insurance policies shall name the city and its officers and employees as additional insureds, and shall provide for written notification to the director at least 30 days prior to any termination, cancellation, or material change in coverage. (c) An operator shall pay all applicable fees as set forth in § 15-31.7 . (d) An operator shall indemnify the city and its officers, elected or appointed officials, employees, and agents, and shall defend them and shall hold them harmless, individually and in their official capacities, from and against any and all claims, liabilities, causes of action, suits, loss, costs, expenses, judgments, fines, reasonable attorney fees and necessary litigation expenses, demands, and damages of every kind and description brought by third parties arising out of or in connection with, including but not limited to: (1) The operator’s business conduct or operations, including any act or omission of the operator, its subcontractors, anyone directly or indirectly employed by the operator, and anyone for whose acts or omissions the operator may be liable; (2) The city’s issuance of or decision to issue or not issue an SMV parking permit; (3) The operator using or occupying the public right-of-way or any SMV user operating the operator’s SMV in the public right-of-way; (4) Actual or alleged bodily injury including death, or actual and alleged damage to property; and (5) Actual or alleged violations of law, including but not limited to the Americans with Disabilities Act. Notwithstanding the foregoing, the operator shall not be required to indemnify, defend, or hold harmless the city and its officers, elected or appointed officials, employees, or agents to the extent such claims, liabilities, causes of action, suits, losses, costs, expenses, judgments, fines, expenses, demands, or damages arise from their own gross negligence or intentional misconduct; provided, however, this exception to an operator’s indemnification and defense obligations shall not apply to claims resulting from, or in connection with, the condition of a public right-of-way. The obligations imposed by this subsection shall survive the expiration of the permit. (e) An operator shall adhere to the operations plan submitted as part of its SMV parking permit application, and any amendments to the plan approved by the director. (f) Prior to deployment, an operator shall register with the department each SMV to be deployed and pay to the department the SMV registration fee set forth in § 15-31.7 for each SMV. Once an SMV is deployed, its registration shall, so long as it remains deployed, be renewed annually and the registration fee shall be paid annually. This registration is in addition to any vehicle registration required by State or city law. (g) An operator may not deploy any SMV that is inoperable or unsafe to operate. If an SMV is inoperable or unsafe, the operator shall ensure the SMV is not available to or accessible by the public for use until it is repaired and safe to operate. (h) All SMVs in the operator’s fleet must be marked with the operator’s name, livery, logo, or trade dress. (i) All SMVs in the operator’s fleet must be equipped with active global positioning system technology that collects the required data that must be reported to the director pursuant to this article. (j) An operator shall maintain staff located in Honolulu and a customer service center staffed 24-hour per day to receive questions, complaints, reports of collisions, or notices of noncompliance. The contact information for the center shall be posted on each SMV. (k) An operator may not transfer its SMV parking permit to any other SMV business or other entity, including a subsidiary, or any individual. (l) Prior to the close of business on the expiration date of an SMV parking permit, unless the SMV parking permit has been renewed, the operator is responsible to remove its SMVs, all equipment, and improvements from the permitted space and to restore the permitted space to the condition it was in at the commencement of the SMV parking permit term.