La. Admin. Code tit. 70 § IX-5007

Current through Register Vol. 50, No. 11, November 20, 2024

Section IX-5007 - Definitions

A. The following terms, as used in this Chapter, shall have the meanings ascribed to them in this Section, except where a different meaning is expressly stated or clearly indicated by context.

Bodily Injury-claims for general and special damages for personal injury arising under Civil Code Article 2315.

Department-the Louisiana Department of Transportation and Development.

Digital Network-any online-enabled application, software, website, or system offered or utilized by a transportation network company that enables the prearrangement of rides with transportation network company drivers.

Gross Trip Fare-the base fare plus any time or distance charges, excluding any additional charges such as airport or venue fees.

Intrastate Prearranged Ride-any prearranged ride, as provided for in this Section, originating within the jurisdiction of the local governmental subdivision.

Local Governmental Subdivision-any parish or municipality as defined in Article VI, Section 44(1) of the Constitution of Louisiana.

Personal Vehicle-a vehicle that is used by a transportation network company driver and is owned, leased, or otherwise authorized for use by the transportation network company driver.

a. A personal vehicle is not a vehicle subject to Parts A and B of the Motor Carrier law as provided for in R.S. 45:161 et seq., or engaged solely in interstate commerce.

Prearranged Ride-the provision of transportation by a driver to a rider that commences when a driver accepts a ride requested by a person through a digital network controlled by a transportation network company, continues during the driver transporting a requesting rider, and ends when the last requesting rider departs from the personal vehicle.

a. A prearranged ride does not include shared expense van pool services, as defined pursuant to R.S. 45:162(18), shared expense car pool services, as defined pursuant to R.S. 45:162(1), or transportation provided using a vehicle subject to Part A or B of the Motor Carrier law as provided for in R.S. 45:161 et seq. or engaged solely in interstate commerce.

Pre-Trip Acceptance Period-any period of time during which a driver is logged on to the transportation network company's digital network and is available to receive transportation requests, but is not engaged in an intrastate prearranged ride as defined in Paragraph 5 of this Section.

Transportation Network Company or Company-

a. a person, whether natural or juridical, that uses a digital network to connect transportation network company riders to transportation network company drivers who provide prearranged rides;

b. or a person, whether natural or juridical, that provides a technology platform to a transportation network company rider that enables the transportation network company rider to schedule an intrastate prearranged ride.

Transportation Network Company Driver or Driver-

a. a person who receives connections to potential passengers; and

b. related services from a transportation network company in exchange for payment of a fee to the transportation network company; and

c. who uses a personal vehicle to offer or provide a prearranged ride to persons upon connection through a digital network controlled by a transportation network company in return for compensation or payment of a fee.

Transportation Network Company Rider or Rider-a person who uses a transportation network company's digital network to connect with a transportation network driver who provides intrastate prearranged rides to the rider in the driver's personal vehicle between points chosen by the rider.

Transportation Network Company Vehicle or Vehicle-has the same meaning as personal vehicle as provided for in this Section.

La. Admin. Code tit. 70, § IX-5007

Promulgated by the Department of Transportation and Development, Office of the Secretary, LR 461690 (12/1/2020).

AUTHORITY NOTE: Promulgated in accordance with R.S. 48:2205.