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.