North Dakota Code 26.1-40.1-01 – Definitions
As used in this chapter and chapter 39-34, unless the context otherwise requires:
Terms Used In North Dakota Code 26.1-40.1-01
- Contract: A legal written agreement that becomes binding when signed.
- Individual: means a human being. See North Dakota Code 1-01-49
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
1. “Application off stage” of operation means the time period when the driver is operating the vehicle for personal noncommercial reasons and not engaged in any manner or operation for the transportation network company.
2. “Application on stage” means the time period the driver is logged onto the online-enabled application of a transportation network company and available for hire but not engaged and there is no passenger on board.
3. “Engaged stage” means the time period from the moment a participating driver accepts a ride request on the transportation network company’s online-enabled application or platform until the passengers on-board stage begins.
4. “Participating driver” or “driver” means an individual who:
a. Receives connections to potential passengers and related services from a transportation network company in exchange for payment or a fee to the transportation network company; and
b. Uses a personal vehicle to offer or provide prearranged transportation services to a passenger upon connection through an online-enabled application or platform controlled by a transportation network company in return for compensation or payment of a fee.
5. “Passengers on-board stage” means the time period when there are passengers in the vehicle pursuant to the driver’s participation in a transportation network company.
6. “Personal injury protection” means basic no-fault benefits as defined under subsection 2 of section 26.1-41-01.
7. “Transportation network company” means a person operating in this state which uses an online-enabled application or platform to connect a passenger with an independent participating driver who provides prearranged transportation services using a personal vehicle. A transportation network company may not be deemed to control, direct, or manage the personal vehicles or participating drivers that connect to the transportation network company’s online-enabled application or platform, unless agreed to by written contract.
8. “Transportation network company insurance” means an insurance policy that covers a driver’s use of a vehicle in connection with a transportation network company’s online-enabled application or platform.