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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJuly 2016

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The text of 2 DE Admin. Code 2289 shall be in the form attached as Exhibit “A”.
"Department" means the Delaware Department of Transportation.
"Digital Network" means 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.
"Director" means the Director or Chief Executive Officer of the Delaware Transit Corporation of the Department of Transportation.
"Division" means the Delaware Transit Corporation.
"Highway" means any road, lane, or street maintained by the State, or any municipality or county thereof, for use by the traveling public.
"Permit" means a formal authorization granted to a transportation network company, issued by the Delaware Department of Transportation, to operate a transportation network company's digital network or software application. The permit does not limit the number of transportation network company drivers and vehicles vetted by the transportation network company to operate on the digital network or software application.
"Permit Holder" means a transportation network company approved by the Delaware Department of Transportation to operate in State of Delaware.
"Personal Vehicle" means a motor vehicle that has been approved to be used by a transportation network company driver to perform rides arranged through a transportation network company digital network.
"Prearranged Ride" means the period of time that begins when a transportation network company driver accepts a requested ride through a digital network, continues while the transportation network company driver transports the rider in a personal vehicle, and ends when the rider departs from the personal vehicle.
"Rider" means an individual or persons who use a transportation network company's digital network to connect with a transportation network driver who provides prearranged rides to the rider in the transportation network company driver's personal vehicle between points chosen by the rider.
"Transportation Network Company (TNC) Driver" means an individual who uses a personal vehicle for hire, displaying the emblem or logo of the TNC they are operating for, to provide transportation services for passengers that are matched to that individual through a TNC's digital network, regardless of whether the individual is an employee or independent contractor for the TNC.
"Transportation Network Company (TNC) Services" means transportation of a rider between points chosen by the passenger and prearranged through the use of a TNC digital network or software application. TNC Services shall begin when a TNC driver accepts a request for transportation received through the approved TNC's digital network, continue while the TNC driver transports riders in the TNC driver's vehicle, and end when the rider exits the TNC driver's vehicle.
"Transportation Network Company (TNC) Vehicle" shall mean a personal vehicle that is used by a TNC Driver to provide transportation services requested through TNC's digital network or software application.
5.2.2 [National Sex Offender Registry database U.S. Department of Justice National Sex Offender Public Website].
5.3.1 The individual is a match in the [National Sex Offender Registry database U.S. Department of Justice National Sex Offender Public Website];
5.3.5.1 Driving under the influence under 21 Del.C. §§4177, 4177J, 4177L, or 4177M;
5.9 No TNC driver [may] provide TNC services while under the influence of intoxicating liquor or narcotic or habit producing drugs, use drugs or drink while on duty any alcoholic liquor or beverage, nor shall he/she knowingly be permitted to do so.
5.10 No TNC or TNC driver shall knowingly permit the transportation of high explosives, acids, inflammable liquids, loaded guns or any other article which will endanger life or limb, in any personal vehicle used [for providing during the provision of] TNC services. This provision shall not apply to firearms carried by police officers or by members of the armed forces while on duty or while en route to or from duty.
Period 1: [Digital network or] Software Application open - waiting for a match.
6.7.3 Period 2 and 3 - TNCs shall also provide uninsured motorist coverage and underinsured motorist coverage in the minimum amount required under 18 Del.C. §3902. TNCs may satisfy this requirement through: (a) TNC insurance maintained by the driver, if the TNC verifies that the driver's TNC insurance covers the driver's use of a vehicle for TNC services; (b) TNC insurance maintained by the TNC; or (c) a combination of (a) and (b). The policy may also provide this coverage during any other time period, if requested by a participating driver relative to insurance maintained by the driver.
8.3 Any records or information that the TNC discloses to the Division pursuant to this regulation are deemed to be confidential [and proprietary], regardless of whether the records or information are marked as such, and shall not be disclosed by the Division to a third party or another governmental entity without the TNC's express written permission, unless required to be disclosed by applicable law or court order.
8.3.1 In the event that a third party submits a request to the Division for a TNC's confidential information under the Delaware Freedom of Information Act, 29 Del.C. §10001, et seq. or any other law or a lawsuit is filed seeking the disclosure of the TNC's confidential information, the Division shall: (i) assert applicable exemptions to the request as set forth in the Delaware Freedom of Information Act, 29 Del.C. §10001, et seq., or other applicable law; and (ii) promptly notify the TNC that it has received a request and inform the TNC of whether it will release the requested record(s) so that the TNC has an opportunity to prevent disclosure.
8.6 A TNC shall keep and make available to the [division Division], when required, records in accordance with this regulation for a period of at least four years.
8.7 Per 21 Del.C. §2144, at any time and notwithstanding the possession of current registration plates, as provided by this title, the Secretary, or any authorized agent of the Department or any police officer may, upon reasonable cause, require the owner or operator of a vehicle to stop and submit such vehicle and the equipment to such further inspection and test with reference thereto as may be appropriate. In the event such vehicle is found to be in an unsafe condition or lacking the required equipment or is not in proper repair and adjustment, the officer shall give a written notice to the driver and shall send a copy thereof to the Department. The notice shall require that such vehicle and its equipment be placed in safe condition and in proper repair and adjustment and/or that proper equipment be obtained, and that a certificate of inspection and approval for such vehicle be obtained within 5 days thereafter.
Last Updated: December 31 1969 19:00:00.
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