13-51-102. Definitions.
| (1) |
“Division” means the Division of Consumer Protection within the Department of Commerce. |
| (2) |
“Prearranged ride” means a period of time that:
| (a) |
begins when the transportation network driver has accepted a passenger’s request for a ride through the transportation network company’s software application; and |
| (b) |
ends when the passenger exits the transportation network driver’s vehicle. |
|
| (3) |
“Software application” means an Internet-connected software platform, including a mobile application, that a transportation network company uses to:
| (a) |
connect a transportation network driver to a passenger; and |
| (b) |
process passenger requests. |
|
| (4) |
“Transportation network company” means an entity that:
| (a) |
uses a software application to connect a passenger to a transportation network driver providing transportation network services; |
| (b) |
is not:
| (i) |
a taxicab, as defined in Section 53-3-102; or |
| (ii) |
a motor carrier, as defined in Section 72-9-102; and |
|
| (c) |
except in certain cases involving a motor vehicle with a level four or five automated driving system, as defined in Section 41-26-102.1, does not own, control, operate, or manage the vehicle used to provide the transportation network services. |
|
| (5) |
“Transportation network driver” means:
| (a) |
an individual who:
| (i) |
pays a fee to a transportation network company, and, in exchange, receives a connection to a potential passenger from the transportation network company; |
| (ii) |
operates a motor vehicle that:
| (A) |
the individual owns, leases, or is authorized to use; and |
| (B) |
the individual uses to provide transportation network services; and |
|
| (iii) |
receives, in exchange for providing a passenger a ride, compensation that exceeds the individual’s cost to provide the ride; or |
|
| (b) |
a level four or five automated driving system, as defined in Section 41-26-102.1, when the automated driving system is operating the vehicle and used to provide a passenger a ride in exchange for compensation. |
|
| (6) |
“Transportation network services” means, for a transportation network driver providing services through a transportation network company:
| (a) |
providing a prearranged ride; or |
| (b) |
being engaged in a waiting period. |
|
| (7) |
“Waiting period” means a period of time when:
| (a) |
a transportation network driver is logged into a transportation network company’s software application; and |
| (b) |
the transportation network driver is not engaged in a prearranged ride. |
|
Amended by Chapter 459, 2019 General Session
