Title 2 — Transportation
15 chapters · 150 sections in this title.
2 Del. C. § 1901. Definitions.
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§ 1901. Definitions. As used in this chapter: (1) “Digital network” means any online-enabled technology application service, website or system offered or utilized by a transportation network company that enables the prearrangement of rides with transportation network company driv…
2 Del. C. § 1902. Not other carriers.
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§ 1902. Not other carriers. TNCs or TNC drivers are not public carriers, as defined in Chapter 18 of this title, nor do they provide taxicab or limousine service. A TNC driver shall not be required to register with any state or local agency the vehicle such TNC driver uses to pro…
2 Del. C. § 1903. TNC permit required.
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§ 1903. TNC permit required. (a) A person shall not operate a TNC in Delaware without first having obtained a permit from the Delaware Department of Transportation, Delaware Transit Corporation (“Division”). (b) The Division shall issue a permit to each applicant that meets the r…
2 Del. C. § 1904. Agent and registration requirements.
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§ 1904. Agent and registration requirements. (a) The TNC must maintain an agent for service of process in the State. (b) The TNC must file with the Delaware Secretary of State articles of incorporation or foreign articles of incorporation and must meet all applicable business lic…
2 Del. C. § 1905. Fare collected for services.
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§ 1905. Fare collected for services. On behalf of a TNC driver, a TNC may charge a fare for the services provided to riders; provided that, if a fare is collected from a rider, the TNC shall disclose to the rider the fare or fare calculation method on its website or within the on…
2 Del. C. § 1906. Identification of TNC vehicles and TNC drivers and customer service.
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§ 1906. Identification of TNC vehicles and TNC drivers and customer service. (a) The TNC’s online-enabled technology application service or website shall display a picture of the TNC driver, and the license plate number of the motor vehicle utilized for providing the prearranged …
2 Del. C. § 1907. Electronic receipt.
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§ 1907. Electronic receipt. Within a reasonable period of time following the completion of a trip, a TNC shall transmit an electronic receipt to the rider on behalf of the TNC driver that lists: (1) The origin and destination of the trip; (2) The total time and distance of the tr…
2 Del. C. § 1908. Financial responsibility of transportation network companies.
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§ 1908. Financial responsibility of transportation network companies. On or before August 10, 2016, and thereafter, a transportation network company driver or transportation network company on the TNC driver’s behalf shall maintain primary automobile insurance that: (1) Recognize…
2 Del. C. § 1909. Disclosures.
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§ 1909. Disclosures. (a) The transportation network company shall disclose in writing to transportation network company drivers the following before they are allowed to accept a request for a prearranged ride on the transportation network company’s digital network: (1) The insura…
2 Del. C. § 1910. Automobile insurance provisions.
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§ 1910. Automobile insurance provisions. (a) Insurers that write automobile insurance in Delaware may exclude any and all coverage afforded under the policy issued to an owner or operator of a personal vehicle for any loss or injury that occurs while a TNC driver is logged on to …
2 Del. C. § 1911. Limitation on TNCs.
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§ 1911. Limitation on TNCs. Notwithstanding any other provision of law, TNC drivers shall be independent contractors and not employees of the TNC if all of the following conditions are met: (1) The TNC does not prescribe specific hours during which a TNC driver must be logged int…
2 Del. C. § 1912. Zero tolerance for drug or alcohol use.
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§ 1912. Zero tolerance for drug or alcohol use. (a) The TNC shall implement a zero tolerance policy regarding a TNC driver’s activities while accessing the TNC’s digital platform. The zero tolerance policy shall address the use of drugs or alcohol while a TNC driver is providing …
2 Del. C. § 1913. TNC driver requirements.
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§ 1913. TNC driver requirements. (a) Before allowing an individual to accept trip requests through a TNC’s digital platform: (1) The individual shall submit to the TNC information or documents from which a TNC can verify that the individual satisfies the requirements set forth in…
2 Del. C. § 1914. Vehicle safety.
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§ 1914. Vehicle safety. The TNC shall verify on an annual basis that: (1) Each TNC vehicle registered in Delaware that is required to pass a safety inspection for registration has a valid vehicle registration, which serves as proof that the vehicle passed its most recent safety i…
2 Del. C. § 1915. No street hails.
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§ 1915. No street hails. A TNC driver shall not solicit or accept street hails.80 Del. Laws, c. 374, § 1;
2 Del. C. § 1916. No cash trips.
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§ 1916. No cash trips. The TNC shall adopt a policy prohibiting solicitation or acceptance of cash payments from riders and notify TNC drivers of such policy. TNC drivers shall not solicit or accept cash payments from riders for fares. Any payment for prearranged rides shall be m…
2 Del. C. § 1917. No discrimination; accessibility.
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§ 1917. No discrimination; accessibility. (a) The TNC shall adopt a policy of nondiscrimination on the basis of destination, race, color, national origin, religious belief or affiliation, sex, disability, age, sexual orientation, gender identity, or any other basis protected unde…
2 Del. C. § 1918. Records.
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§ 1918. Records. A TNC, or a third party on the TNC’s behalf, shall maintain the following customer records: (1) Individual trip records for at least 1 year from the date each trip was provided; (2) Individual records of TNC driver customers at least until the 1-year anniversary …
2 Del. C. § 1919. Audits and inspection of records.
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§ 1919. Audits and inspection of records. (a) In response to a specific complaint, the Division or its employees or duly authorized agents may inspect those records held by a TNC that are specifically necessary for the investigation and resolution of the complaint. (b) No more th…
2 Del. C. § 1920. Compliance with state law and defensive driving course.
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§ 1920. Compliance with state law and defensive driving course. A TNC must advise TNC drivers that they are responsible for complying with all applicable laws, including the State’s hands-free cell phone law. A TNC must provide to each TNC driver domiciled in the state informatio…
2 Del. C. § 1921. Penalties.
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§ 1921. Penalties. (a) The Division is authorized to enforce the requirements of this chapter. The Court of Common Pleas has jurisdiction over contested violations issued under this section. (b) A TNC or TNC driver who fails to comply with any requirement contained in this chapte…
2 Del. C. § 1922. Controlling authority.
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§ 1922. Controlling authority. The Division may promulgate rules and regulations consistent with this chapter that are necessary to ensure compliance with this chapter or to address new industry developments not addressed explicitly in this chapter. Notwithstanding any other prov…