As used in the Transportation Network Company Services Act:

Terms Used In New Mexico Statutes 65-7-2

  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.

A. “digital network” means an internet-supported application, software, program, website or system offered or utilized by a transportation network company that enables the prearrangement of transportation by passengers with transportation network company drivers;

B. “facilitate” means the connection of a driver to a passenger by a transportation network company for the provision of a prearranged ride;

C. “personal vehicle” means a vehicle that is used by a transportation network company driver and is:

(1)     owned, leased or otherwise authorized for use by a transportation network company driver; and

(2)     not a taxicab or other vehicle for hire;

D. “prearranged ride” means transportation provided by a transportation network company driver, which shall be deemed to commence when a driver accepts a transportation request through a digital network and continue until all passengers have exited from the personal vehicle at the destination requested by the rider. “Prearranged ride” does not include shared-expense vanpool or carpool arrangements or transportation provided using a taxicab, limousine or other vehicle for hire pursuant to the Motor Carrier Act N.M. Stat. Ann. § 65-2A-1 to 65-2A-41;

E. “state’s medicaid program” means a state program acting to leverage federal benefits for state residents pursuant to Title 19 or Title 20 of the federal Social Security Act;

F. “transportation broker” means an entity under contract with the medical assistance division of the human services department or a managed care organization that manages transportation benefits under the state’s medicaid program;

G. “transportation network company” means a corporation, partnership, sole proprietorship or other entity that is licensed pursuant to the Transportation Network Company Services Act and lawfully operating in New Mexico that uses a digital network, but which shall not:

(1)     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; or

(2)     include any entity receiving funding to supplement transportation services through Title III B of the federal Older Americans Act of 1965, including any driver for such an entity, but only when the driver is providing those services;

H. “transportation network company driver” or “driver” means an individual who:

(1)     accepts a prearranged ride requested through a digital network and for a fee paid by a transportation network company rider to the transportation network company; and

(2)     uses a personal vehicle to provide a prearranged ride through a digital network;

I. “transportation network company insurance” means a liability insurance policy that specifically covers a transportation network company driver’s use of a transportation network company digital network; and

J. “transportation network company rider” or “rider” means a person who uses a digital network for a prearranged ride.

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