Guam § 28102 - Definitions.

§ 28102. Definitions.

As used in this Chapter:

(a) Digital network means an internet-supported

application, software, program, website, or system offered or

utilized by a transportation/taxicab network company (TTNC)

that enables the prearrangement of land transportation by

passengers with transportation/taxicab network company

drivers.

(b) Director means the Director of the Guam

Department of Revenue and Taxation.

(c) Department means the Guam Department of

Revenue and Taxation.

(d) (1) For-hire vehicle means any motor vehicle used

for the transportation of passengers for compensation,

including taxicabs and transportation/taxicab network

company vehicles.

(2) For-hire vehicles do not include:

(A) school buses;

(B) vehicles used by nonprofit transportation

COL9192018

CH. 28 – TRANSPORTATION/TAXICAB NETWORK COMPANY SERVICES ACT

providers solely for elderly or disabled persons, and

their attendants;

(C) vehicles used to provide courtesy

transportation at no charge to and from parking lots,

hotels, and rental offices;

(D) vehicles licensed under, and used to

provide “charter party carrier” and “excursion

service carrier” services; and

(E) vehicles used to provide emergency

ambulance services.

(e) Operate, operated, or operating means using a

taxicab or transportation network company vehicle to at any

time transport any passenger or item of property for

compensation.

(f) Personal vehicle means a vehicle that is used by a

transportation network company driver and is:

(1) owned, leased, or otherwise authorized for use

by a transportation network company driver; and

(2) not another vehicle for-hire;

(g) (1) Prearranged ride means transportation provided

by a transportation/taxicab network company driver

beginning when a driver accepts a transportation request

through a digital network and continuing while the

transportation/taxicab network company driver transports

the requesting rider, and ending when the last requesting

passenger has exited from the personal vehicle at the

destination requested by the passenger.

(2) Prearranged ride does not include shared-

expense vanpool or carpool arrangements, or

transportation provided using a limousine or other vehicle

for hire pursuant to the Motor Carrier Act as set forth in

Chapter 5 of Title 16, Guam Code Annotated.

(h) Taxi/Taxicab means a vehicle that transports people

for compensation and is licensed pursuant to 16 GCA § 11101,

COL9192018

CH. 28 – TRANSPORTATION/TAXICAB NETWORK COMPANY SERVICES ACT

that is owned, leased, or authorized for use by a taxicab

transportation network company driver, and the passenger

controls the route or destination.

(1) These vehicles are painted one (1) solid color and

have signs or lettering that includes the words “taxi”,

“cab” or “taxicab.”

(2) The government of Guam sets rates for fares,

which are recorded by a taxi meter.

(3) Taxicabs may use a dispatch system or service, or

taxicabs can be hailed from the street.

(4) A taxicab is a motorized vehicle that is held out

to the public as providing transportation to passengers or

articles:

(A) where the route traveled, destination, or

both route and destination, is controlled by the

customer; and

(B) where the fare is based on an amount

recorded and indicated on a taxi meter; and

(C) where the vehicle is not operating as a

TTNC vehicle on a TTNC’s digital network in

accordance with this Chapter.

(i) Taxicab company means any entity operating one (1)

or more taxicabs other than as a driver, regardless of the legal

form of the entity and regardless of whether the taxicabs so

operated are owned by the company, or leased, or owned by

individual members of the entity.

(j) Taxicab driver is a person engaging in any

combination of owning, leasing, advertising, driving,

occupying or otherwise using a taxicab at any time to transport

any passenger or item of property for compensation.

(k) (1) Transportation/Taxicab Network Company

(TTNC) means a corporation, limited liability company,

partnership, sole proprietorship, or other entity that is

licensed pursuant to this Transportation/Taxicab Network

COL9192018

CH. 28 – TRANSPORTATION/TAXICAB NETWORK COMPANY SERVICES ACT

Company Services Act and lawfully operating in Guam

that exclusively uses a digital network, but which shall

not be deemed to control, direct, or manage the personal

vehicles or transportation network company drivers that

connect to its digital network except where agreed to by

written contract. TTNC vehicles transport people for

compensation.

(A) Unlike taxicabs and for-hire vehicles, they

are intended to connect with passengers only through

an online application using a device such as a smart

phone or tablet.

(B) Fares are set by the TTNC and must be

shown to passengers and paid through the online

application.

(2) Transportation/Taxicab network company shall

include a corporation, limited liability company,

partnership, sole proprietorship or other entity that is

operating in Guam that uses a digital network exclusively

for licensed taxicabs to connect riders in Guam to contract

for a prearranged ride but which shall not be deemed to

control, direct or manage the personal vehicles or

transportation network company drivers that connect to its

digital network except where agreed to by written

contract.

(l) Transportation Network Company (TNC) means an

organization that meets the criteria outlined in Subsection (k)

of this Section, but does not simultaneously have a taxicab

service.

(m) Transportation/taxicab network company driver, or

driver, is an individual who:

(1) accepts a prearranged ride request through a

digital network and for a fee paid by a transportation

network company rider to the transportation network

company; and

(2) Transportation network company driver or

driver may include a taxicab driver who:

COL9192018

CH. 28 – TRANSPORTATION/TAXICAB NETWORK COMPANY SERVICES ACT

(A) accepts a prearranged ride requested

through a digital network and for a fee paid by a

transportation network company rider to the

transportation network company that contracts

exclusively with taxicabs; and

(B) uses a personal vehicle to provide a

prearranged ride through a digital network.

(n) Transportation network company insurance means a

liability insurance policy that specifically covers a

transportation/taxicab network company driver’s use of a

transportation network company digital network.

(o) Transportation network company rider, or rider,

means a person who uses a digital network for a prearranged

ride.

2018 NOTE: Subsection/subitem designations adde/altered pursuant to the

authority of 1 GCA § 1606.