HAR §19-20.1-55. Definitions

Unless the context clearly indicates otherwise, as used in this chapter: "Digital network" means any online-enabled application, software, website, or system offered or utilized by a prearranged ground transportation service that enables a customer's direct prearrangement of a ride with a driver and records 20.1-31 132 86 §19-20.1-55 data that describe for each driver on the network the following: (1) The vehicle's registered owner, license plate number, and vehicle identification number or VIN; (2) Proof of insurance as required by section 19-20.1-6; (3) The total number, date, and time of all rides initiated at a public airport; and (4) The total receipts earned by each ride initiated at a public airport and an itemization of any tax, tip, and other fees included in the receipts. "Hotel" includes motel. "Operator" includes any person who is properly and physically qualified to operate and control any motor or other vehicle in connection with any ground transportation service provided at a public airport by a permittee under this chapter. The operator may be a permittee itself or a qualified employee, contractor, assignee, agent, or other similar representative of the permittee. "Prearranged ground transportation services" includes the providing or facilitating for hire of a motor vehicle, including off-airport rent-a-car vehicles, at any public airport for the purpose of transporting the hirer of, or passenger in, such motor vehicle and personal property where such hire or transportation was contracted or arranged for by the hirer, passenger, or another on behalf of the hirer or passenger, in advance of the hirer or passenger's arrival at the public airport or, upon or after his arrival at the public airport, by communicating with an operator whose place of business is situated outside the public airport, for ground transportation services to be performed, at least in part, at the public airport. Prearranged ground transportation services also include passenger transportation services, tours, and courtesy car services for customers and guests upon vehicles owned or leased by the operators even if the 20.1-32 3 2 Q6 §19-20.1-56 services are provided gratuitously or may be an incidental part of another service. Prearranged ground transportation services do not include the right to solicit, offer, and provide ground transportation services for hire to any person other than to persons for which ground transportation services had been arranged in advance. "Software application service" shall have the same meaning as the term "Digital network". "Taxi or taxicab service" includes the service of providing a motor vehicle for hire by the public at, on, or upon a public airport, which motor vehicle shall have a driver other than the hirer and be used for the purpose of transporting the hirer and incidental personal property to a destination and over a route controllable by a hirer. "Transportation network company" or "TNC" means a person or an entity that uses a digital network or software application service to connect passengers to transportation network company drivers and uses the digital network or software application service to confirm the commercial activity and gross receipts of that activity; provided that the person or entity (1) does not own, control, operate, or manage the personal vehicles used by transportation network company drivers and (2) is not a taxicab company or a for-hire vehicle owner. [Eff 5/4/02; am and comp AUG 2 4 2018 ] (Auth: HRS §261-12) (Imp: HRS §261-7)