(a) Digital network means an internet-supported application, software, program, website, or system offered or utilized by a transportation/taxicab network company (TTNC) that enables the prearrangement of land transportation by passengers with transportation/taxicab network company drivers.

(b) Director means the Director of the Guam
Department of Revenue and Taxation.

(c) Department means the Guam Department of
Revenue and Taxation.

(d) (1) For-hire vehicle means any motor vehicle used for the transportation of passengers for compensation, including taxicabs and transportation/taxicab network company vehicles.

(2) For-hire vehicles do not include: (A) school buses;
(B) vehicles used by nonprofit transportation

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providers solely for elderly or disabled persons, and their attendants;

(C) vehicles used to provide courtesy transportation at no charge to and from parking lots, hotels, and rental offices;

(D) vehicles licensed under, and used to provide “”charter party carrier”” and “”excursion service carrier”” services; and

(E) vehicles used to provide emergency ambulance services.

(e) Operate, operated, or operating means using a taxicab or transportation network company vehicle to at any time transport any passenger or item of property for compensation.

(f) 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 another vehicle for-hire;

(g) (1) Prearranged ride means transportation provided by a transportation/taxicab network company driver beginning when a driver accepts a transportation request through a digital network and continuing while the transportation/taxicab network company driver transports the requesting rider, and ending when the last requesting passenger has exited from the personal vehicle at the destination requested by the passenger.

(2) Prearranged ride does not include shared- expense vanpool or carpool arrangements, or transportation provided using a limousine or other vehicle for hire pursuant to the Motor Carrier Act as set forth in Chapter 5 of Title 16, Guam Code Ann..

(h) Taxi/Taxicab means a vehicle that transports people for compensation and is licensed pursuant to 16 Guam Code Ann. § 11101,

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that is owned, leased, or authorized for use by a taxicab transportation network company driver, and the passenger controls the route or destination.

(1) These vehicles are painted one (1) solid color and have signs or lettering that includes the words “”taxi””, “”cab”” or “”taxicab.””

(2) The government of Guam sets rates for fares, which are recorded by a taxi meter.

(3) Taxicabs may use a dispatch system or service, or taxicabs can be hailed from the street.

(4) A taxicab is a motorized vehicle that is held out to the public as providing transportation to passengers or articles:

(A) where the route traveled, destination, or both route and destination, is controlled by the customer; and

(B) where the fare is based on an amount recorded and indicated on a taxi meter; and

(C) where the vehicle is not operating as a TTNC vehicle on a TTNC’s digital network in accordance with this Chapter.

(i) Taxicab company means any entity operating one (1) or more taxicabs other than as a driver, regardless of the legal form of the entity and regardless of whether the taxicabs so operated are owned by the company, or leased, or owned by individual members of the entity.

(j) Taxicab driver is a person engaging in any combination of owning, leasing, advertising, driving, occupying or otherwise using a taxicab at any time to transport any passenger or item of property for compensation.

(k) (1) Transportation/Taxicab Network Company (TTNC) means a corporation, limited liability company, partnership, sole proprietorship, or other entity that is licensed pursuant to this Transportation/Taxicab Network

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Company Services Act and lawfully operating in Guam that exclusively uses a digital network, but which 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. TTNC vehicles transport people for compensation.

(A) Unlike taxicabs and for-hire vehicles, they are intended to connect with passengers only through an online application using a device such as a smart phone or tablet.

(B) Fares are set by the TTNC and must be shown to passengers and paid through the online application.

(2) Transportation/Taxicab network company shall include a corporation, limited liability company, partnership, sole proprietorship or other entity that is operating in Guam that uses a digital network exclusively for licensed taxicabs to connect riders in Guam to contract for a prearranged ride but which 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.

(l) Transportation Network Company (TNC) means an organization that meets the criteria outlined in Subsection (k) of this Section, but does not simultaneously have a taxicab service.

(m) Transportation/taxicab network company driver, or driver, is an individual who:

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

(2) Transportation network company driver or driver may include a taxicab driver who:

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(A) 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 that contracts exclusively with taxicabs; and

(B) uses a personal vehicle to provide a prearranged ride through a digital network.

(n) Transportation network company insurance means a liability insurance policy that specifically covers a transportation/taxicab network company driver’s use of a transportation network company digital network.

(o) Transportation network company rider, or rider, means a person who uses a digital network for a prearranged ride.

2018 NOTE: Subsection/subitem designations adde/altered pursuant to the authority of 1 Guam Code Ann. § 1606.