TITLE 39
Public Utilities and Carriers

CHAPTER 39-14.2
Transportation Network Company Services

SECTION 39-14.2-1


§ 39-14.2-1 Definitions.

Terms in this chapter shall be construed as follows, unless another meaning is expressed or is clearly apparent from the language or context:

(1) "Active TNC driver" means a TNC driver who has provided at least one prearranged ride through the TNC in the preceding ninety (90) days.

(2) "Administrator" means the administrator of the division of public utilities and carriers.

(3) "Digital network" means any online-enabled technology application service, website, or system offered or utilized by a transportation network company that enables the prearrangement of rider transportation with transportation network company drivers.

(4) "Division" means the division of public utilities and carriers.

(5) "Partner" or "partnering" means the act of a TNC operator agreeing to the terms and conditions set forth by a TNC for access to the TNC's digital network for the purpose of being connected to potential TNC riders seeking TNC services.

(6) "Person" means and includes any individual, partnership, corporation, or other association of individuals.

(7) "Personal vehicle" means a vehicle that is used by a transportation network company driver and is:

(i) Designed to hold no more than seven (7) individuals, including the driver;

(ii) Owned, leased, or otherwise authorized for use by the individual; and

(iii) Not a jitney, as defined in § 39-13-1; a taxicab or limited public motor vehicle, as defined in § 39-14-1; a public motor vehicle, as defined in § 39-14.1-1; or a common carrier as defined in title 39.

(8) "Transportation network company" or "TNC" means an entity licensed by the division pursuant to this chapter that uses a digital network to connect transportation network company riders to transportation network operators who provide prearranged rides. A transportation network company shall not be deemed to control, direct, or manage the personal vehicles or transportation network company drivers that connect to its digital network, except where agreed to by written contract.

(9) "Transportation network company affiliation placard" or "TNC affiliation placard" means a recognizable logo or decal issued by the TNC used to identify personal vehicles whenever such a vehicle is available to provide, or is providing, TNC services.

(10) "Transportation network operator" or "TNC operator" or "TNC driver" means an individual who:

(i) Receives connections to potential riders and related services from a transportation network company in exchange for payment of a fee to the transportation network company; and

(ii) Uses a personal vehicle to offer or provide a prearranged ride to TNC riders upon connection through a digital network controlled by a transportation network company in exchange for compensation or payment of a fee.

(11) "Transportation network company (TNC) rider" or "rider" means an individual or persons who uses a transportation network company's digital network to connect with a transportation network driver who provides prearranged rides to the rider in the driver's personal vehicle between points chosen by the rider.

(12) "Transportation network company services" or "prearranged ride" means the provision of transportation by a TNC driver to a TNC rider beginning when a TNC driver accepts a TNC rider's request for a ride made only through a digital network controlled by a transportation network company (TNC), continuing while the TNC driver transports the requesting TNC rider(s), and ending when the last requesting TNC rider(s) departs from the personal vehicle. TNC services and prearranged rides do not include transportation provided using a jitney, as defined in § 39-13-1; a taxicab or limited public motor vehicle, as defined in § 39-14-1; a public motor vehicle, as defined in § 39-14.1-1; a common carrier as defined in title 39, or a regional transportation provider. TNC services and prearranged rides do not include a shared-expense carpool or vanpool arrangement or service.

History of Section.
(P.L. 2016, ch. 346, § 1; P.L. 2016, ch. 367, § 1.)