2 Del. Admin. Code § 2289-4.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 2289-4.0 - TNC responsibilities

4.1 To operate within the State of Delaware, a TNC must:

4.1.1 File with the Delaware Secretary of State Articles of Incorporation or Foreign Articles of Incorporation.

4.1.2 Meet all applicable business licensure requirements under the Delaware Code and Delaware Department of Revenue's regulations.

4.1.3 Obtain a permit authorizing the operation of TNC services in the State of Delaware.

4.1.4 Verify that every TNC driver authorized to operate on the TNC's digital network has the insurance coverage in accordance with Section 6.0 of this regulation.

4.1.5 Verify that each TNC driver is at least 18 years of age and has a valid driver license.

4.1.6 Advise each TNC driver that they are responsible for complying with applicable law, including Delaware's hands free cell phone law.

4.1.7 Advise each TNC driver that any person conducting business in the State of Delaware is required to obtain a Delaware business license from the Delaware Division of Revenue. In addition, each TNC driver may also be required to obtain a business license within each municipality the TNC driver provides TNC services in.

4.1.8 Undertake the necessary steps as described in Section 5.0 to ensure the safety of its riders.

4.1.9 Maintain the following information about each TNC driver:

4.1.9.1 The TNC driver's driver license number and state of licensure;

4.1.9.2 Documentation showing the TNC driver is authorized to operate in accordance with this regulation;

4.1.9.3 The vehicle registration number, license plate number, and state of vehicle registration for each personal vehicle that the TNC driver uses for TNC Services; and

4.1.9.4 Documentation showing that the vehicle has been inspected in accordance with this regulation.

4.1.10 Provide a customer support telephone number, email address, or hyperlink on its digital application or website for rider inquiries.

4.1.11 Prior to a rider entering a TNC driver's personal vehicle, make available to the rider the method by which the TNC calculates fares, the applicable rate being charged, and the option to receive an estimated fare.

4.1.12 Within 24 hours following the completion of a trip, cause to be transmitted an electronic receipt to the passenger that lists:

4.1.12.1 The origin and destination of the trip;

4.1.12.2 The total time and distance of the trip; and

4.1.12.3 An itemization of the total fare paid, if any.

4.1.13 Comply with all applicable laws relating to accommodation of service animals.

4.1.14 Require all TNC drivers to display, at all times, while logged into the TNC's digital network, a sign, emblem, or logo that can sufficiently identify the vehicle as being associated with the TNC or its associated digital network.

4.1.15 Submit to the Division at the time of application and each year thereafter,

4.1.15.1 An attestation that the requirements set forth in this regulation have been met, and

4.1.15.2 Within 30 days of submitting its initial and annual attestation, the TNC shall also submit a permit fee of $5000.00.

2 Del. Admin. Code § 2289-4.0

20 DE Reg. 66 (7/1/2016) (Final)