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2022 Guam Statutes
Title 16 - Vehicles
Chapter 28 - Transportation/Taxicab network Company Services Act

Universal Citation: 16 Guam Code §§ 28101 - 28124 (2022)
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16 GCA VEHICLES CH. 28 – TRANSPORTATION/TAXICAB NETWORK COMPANY SERVICES ACT CHAPTER 28 TRANSPORTATION/TAXICAB NETWORK COMPANY SERVICES ACT SOURCE: Entire chapter added by P.L. 34-091:2 (May 14, 2018). § 28101. § 28102. § 28103. § 28104. § 28105. § 28106. § 28107. § 28108. § 28109. § 28110. § 28111. § 28112. § 28113. § 28114. § 28115. § 28116. § 28117. § 28118. § 28119. § 28120. § 28121. § 28122. § 28123. § 28124. Title. Definitions. Taxicab Company and Transportation Network Company License. Fees. Operational Requirements. Administration. Not Other Carriers. Fare Collected for Services. Electronic Receipt. Financial Responsibility of Transportation Network Companies; Transportation/Taxicab Network Companies. Insurance Coverage Disclosures. Automobile Insurance Provisions. Motor Vehicle Insurance Policy; Procedures. Zero Tolerance for Drug or Alcohol Use. Transportation Network Company Driver Requirements. Vehicle Safety. No Street Hails. No Cash Trips; Exception. Nondiscrimination--Accessibility. Records. Records Pursuant to Rules of the Director. Administrative Penalties. Involuntary Suspension and Revocation. Severability. § 28101. Title. This Chapter may be cited as the “Transportation/Taxicab Network Company Services Act.” 1 COL9192018 16 GCA VEHICLES CH. 28 – TRANSPORTATION/TAXICAB NETWORK COMPANY SERVICES ACT (a) The purpose of this Chapter is to provide for and promote the safety and welfare of the general public by regulating transportation by for-hire vehicles on Guam. (b) This Chapter does not create or designate any particular class of persons who will or should be specifically protected by its terms. (c) Nothing contained in this Chapter is intended nor shall be construed to create any liability on the part of the government of Guam or its employees for either any injury or damage resulting from the failure of the licensee to comply with the provisions of this Chapter, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this Chapter. 2018 NOTE: Subsection designations added pursuant to the authority of 1 GCA § 1606. § 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 2 COL9192018 16 GCA VEHICLES 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 sharedexpense 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, 3 COL9192018 16 GCA VEHICLES 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 4 COL9192018 16 GCA VEHICLES 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: 5 COL9192018 16 GCA VEHICLES 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. § 28103. Taxicab Company and Transportation Network Company License. (a) The Director may issue a license to a taxicab company or transportation network company, provided that: (1) the taxicab company or transportation network company provides proof of insurance coverage for the limits required in this Chapter for all employed or affiliated drivers; and (2) the taxicab company or transportation network company submits an affidavit sworn under penalty of perjury that the taxicab company or transportation network company is in compliance with the driver requirements, vehicle requirements, insurance, and operational requirements under this Chapter. (b) Licenses issued under this Chapter are effective upon approval and must be renewed through the Department annually on or before the expiration date of the license in order to continue operating after the expiration date. (c) A person shall not operate a transportation network 6 COL9192018 16 GCA VEHICLES CH. 28 – TRANSPORTATION/TAXICAB NETWORK COMPANY SERVICES ACT company or a taxicab transportation network company in Guam without first having obtained a license from the Director. (d) A license issued to a transportation network company or a taxicab transportation network company by the Director shall be effective for one (1) year. (e) The Director shall issue a license to a transportation network company or a taxicab transportation network company that meets the requirements set forth in this Transportation Network Company Services Act, and any rules adopted by the Director pursuant to the Administrative Adjudication Law - Article 3, Chapter 9, Title 5, Guam Code Annotated. (f) No taxicab company or transportation network company license shall be issued or valid until the affidavit and proof of insurance coverage referenced in this Section has been approved and the fee prescribed in this Chapter has been paid. (g) Drivers who are independent contractors and affiliated with licensed taxicab companies or transportation network companies shall obtain a business license. § 28104. Fees. (a) The application fee shall vary based on the number of employed or contracted drivers operating for the company applying for the license. The fee amounts shall be as follows: (1) $100.00 for companies employing or contracting with ten (10) or fewer drivers; (2) $500.00 for companies employing or contracting with eleven (11) to twenty-one (21) drivers; (3) $1000.00 for companies employing or contracting with twenty-two (22) to forty (40) drivers; and (4) $1,500.00 for companies employing or contracting with forty-one (41) or more drivers. (b) The application fee prescribed by this Section shall be paid to the Department at the time of submitting both the initial and the renewal of license applications. 7 COL9192018 16 GCA VEHICLES CH. 28 – TRANSPORTATION/TAXICAB NETWORK COMPANY SERVICES ACT § 28105. Operational Requirements. (a) Rates. Taxicab drivers shall prominently post rates in accordance with 16 GCA § 11102 for each vehicle and charge accordingly. Drivers who operate as TTNC drivers are exempt from this requirement. (b) The TTNC’s software application or website shall display for the passenger the applicable rates being charged and the option to receive an estimated fare before the passenger enters the TNC vehicle. (c) Records. TTNCs shall maintain the individual records of all trips made by all drivers for at least two (2) years from the date each trip was provided. (d) Driver Information. Taxicab drivers shall display driver information in accordance with 16 GCA § 11102. The TTNC’s software application or website shall display for the passenger, at a minimum, the first name and photograph of the TNC driver. (e) Marking of Vehicles. (1) All taxicabs shall be clearly marked as such and in accordance with 16 GCA § 11103. (2) Vehicles operated solely by TNC drivers are exempt from the above marking requirements. (3) The TNC’s software application or website shall display for the passenger the make, model, and license plate number of the TNC vehicle. (4) The TNC may display a placard of the company name on or within the TNC vehicle for ease of identification for the consumer. (f) Method of Soliciting Rides. Only taxicab drivers are permitted to solicit or accept street hails. TTNC drivers shall accept only rides arranged through a TTNC’s digital network and shall not solicit or accept street hails. (g) Nothing in this Section shall prohibit a TTNC from using an internet online-enabled platform or application to connect passengers with drivers as long as all other requirements for taxicab 8 COL9192018 16 GCA VEHICLES CH. 28 – TRANSPORTATION/TAXICAB NETWORK COMPANY SERVICES ACT companies, vehicles, and drivers are met. 2018 NOTE: Subsection designations added pursuant to the authority of 1 GCA § 1606. § 28106. Administration. The Director of the Department of Revenue and Taxation, or his department and/or division designee within the Licensing Division, shall administer this Transportation/Taxicab Network Company Services Act. § 28107. Not Other Carriers. (a) Transportation/Taxicab Network companies and transportation/taxicab network company drivers shall not be subject to the Motor Carrier Act or deemed to provide any transportation service pursuant to the Motor Carrier Act as set forth in Chapter 5 of Title 16, Guam Code Annotated. (b) A transportation network company driver shall not be required to register a personal vehicle as a commercial vehicle or vehicle for hire, except that a taxicab transportation network company shall require a licensed taxicab driver to register such vehicle as a taxicab in accordance with the requirements of Chapter 11 of Title 16, Guam Code Annotated, as a condition for affiliation with the taxicab transportation network company. § 28108. Fare Collected for Services. (a) On behalf of a transportation/taxicab network company driver, a transportation/taxicab network company may charge a fare for the services provided to riders; provided that, if a fare is collected from a rider, the transportation/taxicab network company shall disclose to the rider the fare calculation method, including the applicable rates and any fees, and shall provide an estimated fare before the rider enters a personal vehicle for a prearranged ride. (b) In the rare event a rider pays for the fare in cash, the transportation company network driver shall immediately issue a receipt in the amount as agreed upon between the TTNC and the rider. § 28109. Electronic Receipt. 9 COL9192018 16 GCA VEHICLES CH. 28 – TRANSPORTATION/TAXICAB NETWORK COMPANY SERVICES ACT Immediately after the completion of a prearranged ride, a transportation/taxicab network company shall electronically transmit a receipt to the rider of the total fare paid. The following information shall be displayed within the network application: (a) the origin and destination addresses of the prearranged ride; (b) and the total time elapsed of and distance of the prearranged ride. 2018 NOTE: Subsection designations added pursuant to the authority of 1 GCA § 1606. § 28110. Financial Responsibility of Transportation Network Companies; Transportation/Taxicab Network Companies. (a) Either the TTNC driver, or the TTNC on the driver’s behalf, shall maintain primary automobile insurance that acknowledges that the driver is a TTNC company driver, or otherwise uses a vehicle to transport riders for compensation and covers the driver: (1) while the driver is logged on to the TTNC’s digital network; or (2) while the driver is engaged in a prearranged ride. (b) While a TTNC driver is logged on to the TTNC’s digital network, but is not engaged in a prearranged ride, the following minimum automobile insurance requirements shall apply: (1) primary automobile liability insurance in the amount of at least Twenty-five Thousand Dollars ($25,000) for death and bodily injury of one (1) person, and (2) Fifty Thousand Dollars ($50,000) total for death and bodily injury for two (2) or more persons per accident; and (3) Twenty Thousand Dollars ($20,000) for property damage per accident mandatory insurance as set forth in 16 GCA § 19104. (c) While a TTNC driver is engaged in a prearranged ride, the following minimum automobile insurance requirements shall apply: 10 COL9192018 16 GCA VEHICLES CH. 28 – TRANSPORTATION/TAXICAB NETWORK COMPANY SERVICES ACT (1) provide primary liability coverage of at least Fifty Thousand Dollars ($50,000) per injured person; (2) One Hundred Thousand Dollars ($100,000) for all injuries in an accident; and (3) Thirty Thousand Dollars ($30,000) for property damage. (d) If insurance maintained by a TTNC driver has lapsed or does not provide the minimum coverage required by this Section, the insurance maintained by the TTNC shall provide the coverage required as the primary coverage. (e) Insurance required by this Section shall be obtained from an insurer authorized to do business in Guam or with a surplus lines insurer or broker authorized pursuant to Chapter 15 of Title 22, Guam Code Annotated. (f) Insurance satisfying the requirements of this Section shall be deemed to satisfy the insurance requirements of the Mandatory Financial Responsibility Act for a TTNC driver while engaged in a prearranged ride or logged onto a digital network. (g) At all relevant times while a TTNC driver is logged onto a digital network, the driver shall possess digital and/or physical proof of coverage required by this Section. (h) (1) In the event of a motor vehicle accident involving a TTNC driver who is operating a motor vehicle, which occurs while the driver is logged on to the TTNC digital network or engaged in a prearranged ride, the driver shall provide the required proof of insurance coverage to all passengers, other drivers, injured persons, automobile insurers, and investigating law enforcement officers. (2) The TTNC driver shall disclose upon request whether the driver was logged on to a digital network, or on a prearranged ride, at the time of an accident. 2018 NOTE: Subsection designations added pursuant to the authority of 1 GCA § 1606. § 28111. Insurance Coverage Disclosures. 11 COL9192018 16 GCA VEHICLES CH. 28 – TRANSPORTATION/TAXICAB NETWORK COMPANY SERVICES ACT The TTNC shall disclose in writing to its TTNC drivers: (a) the insurance coverage that the TTNC driver has while the driver is logged on to a digital network, including the types of coverage and the limits for each coverage; and (b) that the TTNC driver’s personal insurance policy might exclude coverage while the driver is logged on to the transportation network company’s digital network or while engaged in a prearranged ride. 2018 NOTE: Subsection designations altereded pursuant to the authority of 1 GCA § 1606. § 28112. Automobile Insurance Provisions. (a) (1) Insurers that write automobile insurance in Guam may exclude any part or all coverage of and the duty to defend and indemnify an owner or operator of a personal vehicle or the owner or the driver of a taxicab for any loss or injury that occurs while a driver is logged on to a digital network or while engaged in a prearranged ride. (2) Such exclusions shall apply notwithstanding requirements of the mandatory insurance for motor vehicle liability insurance required pursuant to Chapter 19 of Title 16, Guam Code Annotated. (b) In a claims coverage investigation, a TTNC and any insurer providing coverage for the TTNC driver shall disclose the times that a TTNC driver logged on and off of the TTNC’s digital network (1) in the twelve (12)-hour period immediately preceding an accident, and (2) in the twelve (12)-hour period immediately following the accident, and (3) disclose all coverage, exclusions and policy limits provided for all insurance maintained under the Transportation/Taxicab Network Company Services Act. 2018 NOTE: Subsection/subitem designations altered/added pursuant to the authority of 1 GCA § 1606. 12 COL9192018 16 GCA VEHICLES CH. 28 – TRANSPORTATION/TAXICAB NETWORK COMPANY SERVICES ACT § 28113. Motor Vehicle Insurance Policy; Procedures. (a) A motor vehicle insurance policy shall: (1) designate by description or by appropriate reference all motor vehicles to which coverage is to be granted; and (2) insure the person named in the policy and a person with permissive use of any such motor vehicle with the express or implied permission of the named insured against loss from the liability imposed by law for damages arising out of the ownership, maintenance or use of the motor vehicle within the jurisdiction of Guam, subject to the requirement to provide evidence of financial responsibility pursuant to the required mandatory insurance in Chapter 19 of Title 16, Guam Code Annotated. (3) (A) A motor vehicle insurance policy shall insure a person named as insured against loss from the liability imposed upon the person by law for damages arising out of the use, with the express or implied permission of the owner or person in lawful possession, of a motor vehicle that the insured person does not own. (B) The policy shall insure the person within the same territorial limits and in compliance with the requirement of evidence of financial responsibility as set forth in the mandatory insurance provisions of Chapter 19 of Title 16, Guam Code Annotated, with respect to a motor vehicle insurance policy. (b) Permitted exceptions to coverage otherwise required by this Section may include the following if excluded by the motor vehicle insurance policy: (1) an automobile business exclusion; (2) a furnished for regular use exclusion; (3) a vehicle rented for business use exclusion if the exclusion is contained in the motor vehicle insurance policy and is enforceable; (4) an exclusion for any liability of the United States 13 COL9192018 16 GCA VEHICLES CH. 28 – TRANSPORTATION/TAXICAB NETWORK COMPANY SERVICES ACT government or its agencies when the provisions of the Federal Tort Claims Act apply; (5) an exclusion for liability of the insured under any workers’ compensation law; (6) an exclusion for damages to property owned by, rented to, in the charge of or transported by an insured; provided, however, that this exclusion shall not apply to damages to a residence or private garage rented by an insured; and (7) an exclusion to apply when a vehicle is rented to others or used to carry persons for a charge, including when a vehicle is being used while logged on to a transportation network company’s or a taxicab transportation network company’s digital network or while a driver provides a prearranged ride; provided, however, that this exclusion shall not apply to use on a shared expense basis. (c) The motor vehicle insurance policy shall state the name and address of the insured, the coverage afforded by the policy, the premium charged, the policy period and the limits of liability. The policy shall also contain an agreement or endorsement that states that the insurance is: (1) provided in accordance with the coverage defined in the mandatory insurance provisions of Chapter 19 of Title 16, Guam Code Annotated, regarding bodily injury and death or property damage or both; and (2) subject to all the provisions of Chapter 19 of Title 16, Guam Code Annotated. (d) Every motor vehicle insurance policy shall be subject to the following provisions, which may be contained in the policy: (1) The policy may not be canceled or annulled as to the liability of the insurance carrier with respect to the insurance required in the mandatory insurance provisions of Chapter 19 of Title 16, Guam Code Annotated, by an agreement between the insurance carrier and the insured after the occurrence of the injury or damage; 14 COL9192018 16 GCA VEHICLES CH. 28 – TRANSPORTATION/TAXICAB NETWORK COMPANY SERVICES ACT (2) The satisfaction by the insured of a judgment for injury or damage shall not be a condition precedent to the right or duty of the insurance carrier to pay on account of injury or damage; (3) The insurance carrier has the right to settle a claim covered by the policy. If the settlement is made in good faith, the amount of the settlement is deductible from the limits of liability specified in the Mandatory Financial Responsibility Act; (4) The policy, the declarations page, the written application and a rider or an endorsement that does not conflict with the provisions of the Mandatory Financial Responsibility Act constitute the entire contract between the parties; and (5) A binder issued pending the issuance of a motor vehicle insurance policy is deemed to fulfill the requirements for the policy. 2018 NOTE: Subitem designations added in subsection (a)(3) pursuant to the authority of 1 GCA § 1606. § 28114. Zero Tolerance for Drug or Alcohol Use. (a) (1) The TTNC shall adopt and enforce a zero-tolerance policy regarding drug and alcohol use by TTNC drivers. (2) The zero-tolerance policy shall prohibit any use or impairment due to intoxicating drugs or alcohol while a TTNC driver is providing prearranged rides or is logged on to the TTNC’s digital network. (b) The TTNC shall publish on its website notice of its zerotolerance policy, as well as procedures for a rider to report a complaint about a driver suspected to have been under the influence of illegal drugs or alcohol during a prearranged ride. (c) The TTNC shall conduct an investigation into every reported complaint of violation of its zero-tolerance policy, and the policy shall include procedures for suspension or termination of TTNC drivers. (d) The TTNC shall maintain records relevant to the enforcement of the requirements of this Section for a period of at 15 COL9192018 16 GCA VEHICLES CH. 28 – TRANSPORTATION/TAXICAB NETWORK COMPANY SERVICES ACT least four (4) years from the date that a rider complaint is received by the TTNC. 2018 NOTE: Subitem designations added in subsection (a) pursuant to the authority of 1 GCA § 1606. § 28115. Transportation Requirements. Network Company Driver (a) Before authorization of a TTNC driver to accept prearranged ride requests through a TTNC’s digital network: (1) the prospective driver shall submit an application to the TTNC that includes the individual’s address, driver’s license number, driving history, motor vehicle registration, and proof of the insurance required; and (2) the TTNC shall request a local criminal background check from the prospective driver in the form of court clearances, police clearances, and traffic clearances, which shall include any and all reports of the government on the following subjects: (A) multistate or multi-jurisdiction criminal records locator or other similar commercial nationwide database with validation and primary source search; and (B) a national sex offender registry; and (C) the TTNC shall obtain and review a police, court, and traffic clearance for the prospective driver. (b) The TTNC shall not permit a person to act as a TTNC driver who: (1) has had more than three (3) moving violations in the preceding three (3)-year period, or one (1) violation in the preceding three (3)-year period involving any attempt to evade law enforcement, reckless driving, or driving on a suspended or revoked license; (2) has been convicted and not pardoned nor expunged within the past seven (7) years of: (A) a felony; 16 COL9192018 16 GCA VEHICLES CH. 28 – TRANSPORTATION/TAXICAB NETWORK COMPANY SERVICES ACT (B) misdemeanor driving under the influence, reckless driving, leaving the scene of an accident, or any other driving-related offense, or any misdemeanor violent offense or sexual offense; or (C) more than three (3) misdemeanors of any kind; (3) is identified by a national sex offender registry; (4) does not possess a valid license; (5) does not possess proof of registration for the motor vehicle or taxicab used to provide prearranged rides; (6) does not possess proof of automobile liability insurance for the motor vehicle or taxicab used to provide prearranged rides; or (7) does not have at least three (3) years’ driving experience. (c) (1) The TTNC driver shall obtain a business license before being allowed to connect and log on to the TTNC’s digital network for the purpose of providing the services for a prearranged ride or rides. (2) The annual fee for the TTNC’s driver’s business license for each driver shall be Fifty Dollars ($50.00). (3) If the vehicle the TTNC driver uses on a regular basis is ADA compliant/wheelchair accessible, the Fifty Dollars ($50.00) business license fee shall be waived. (d) The TTNC driver shall not provide prearranged rides for more than twelve (12) hours out of any twenty-four (24)-hour period. 2018 NOTE: Subitem designations added in subsection (c) pursuant to the authority of 1 GCA § 1606. § 28116. Vehicle Safety. (a) The TTNC driver shall not be connected to the digital network or software application service of the TTNC if the motor vehicle operated by the driver to provide transportation services: (1) is not in compliance with all federal and Guam laws 17 COL9192018 16 GCA VEHICLES CH. 28 – TRANSPORTATION/TAXICAB NETWORK COMPANY SERVICES ACT concerning the operation and maintenance of the motor vehicle; or (2) is designed to carry more than eight (8) passengers, including the driver. (b) The TTNC shall inspect or cause to be inspected every motor vehicle used by a TTNC driver to provide transportation services before allowing the TTNC driver to provide prearranged rides, and the motor vehicle shall be inspected not less than once each year thereafter. (c) The Director may promulgate rules and regulations setting forth the requirements of the annual inspection of a motor vehicle used by a transportation network company driver while logged on to a digital network or engaged in a prearranged ride. § 28117. No Street Hails. A transportation/taxicab network company driver shall not solicit or accept street hails. § 28118. No Cash Trips; Exception. (a) The TTNC shall adopt and enforce a policy prohibiting solicitation or acceptance of cash payments from riders. Any payment for prearranged rides shall only be made electronically by a digital network, unless the credit card used by the rider is denied. (b) The TTNC may offer a prepaid card to those residents that do not possess a credit card. § 28119. Nondiscrimination--Accessibility. (a) The TTNC shall adopt a written policy of nondiscrimination on the basis of destination, race, color, national origin, religious belief or affiliation, sex, disability, age, sexual orientation, or gender identity with respect to TTNC drivers, riders and potential riders, and shall notify TTNC drivers of the policy. (b) TTNC drivers shall comply with all applicable laws regarding nondiscrimination against TTNC drivers, riders or potential riders on the basis of destination, race, color, national origin, religious belief or affiliation, sex, disability, age, sexual orientation, or gender identity. 18 COL9192018 16 GCA VEHICLES CH. 28 – TRANSPORTATION/TAXICAB NETWORK COMPANY SERVICES ACT (c) TTNC drivers shall comply with all applicable laws relating to accommodation of service animals. (d) The TTNC shall not impose additional charges for providing services to persons with physical disabilities. (e) The TTNC shall provide riders an opportunity to indicate whether they require a wheelchair-accessible vehicle. If a TTNC cannot arrange a wheelchair-accessible prearranged ride in any instance, it shall direct the rider to an alternate provider of wheelchair-accessible service, if available. § 28120. Records. (a) The TTNC shall maintain: (1) individual prearranged ride records for at least two (2) years from the date each ride was provided; and (2) individual records of TTNC drivers for at least two (2) years after the driver’s relationship with the TTNC driver has ended. (b) A TTNC driver shall not use or disclose a TTNC rider’s personal identifiable information to a third party unless the rider (1) consents; (2) disclosure is required by court order; or (3) disclosure is required to investigate violations of the Transportation/Taxicab Network Company Services Act. 2018 NOTE: Subsection/subitem designations added pursuant to the authority of 1 GCA § 1606. § 28121. Records Pursuant to Rules of the Director. (a) A TTNC holding a license or permit issued by the Director shall maintain the records required pursuant to the Transportation/Taxicab Network Company Services Act to be collected by the TTNC, including records regarding transportation/taxicab network company drivers. (b) In response to a specific complaint, the Director, or the motor vehicle or regulatory division employees of the Department, upon a duly issued written notice of at least ten (10) days, may 19 COL9192018 16 GCA VEHICLES CH. 28 – TRANSPORTATION/TAXICAB NETWORK COMPANY SERVICES ACT inspect those records held by a TTNC for the investigation and resolution of the complaint. (c) No more than semiannually and as determined by the Director, or the motor vehicle or the regulatory division supervisor of the Department, may, upon a duly issued written notice of at least ten (10) days, in a mutually agreed setting, inspect those records held by a TTNC whose review is necessary to ensure public safety; provided, that such review shall be on an audit rather than a comprehensive basis. (d) Any proprietary records obtained by the Director, or the motor vehicle or the regulatory division supervisor of the Department, pursuant to this Section shall not be subject to disclosure by the Director, or the motor vehicle division or regulatory division supervisor. § 28122. Administrative Penalties. (a) If the Director finds after an investigation that a provision of the Transportation/Taxicab Network Company Services Act or an order or rule of the Director is being, has been, or is about to be violated, the Director may issue an order specifying the actual or proposed acts, or omissions to act, that constitute a violation and require that the violation be discontinued, rectified, or prevented. (b) (1) Notwithstanding the existence of any other penalties, the Director may assess an administrative fine of not more than Five Hundred Dollars ($500.00) for each violation of a provision of the Transportation/Taxicab Network Company Services Act or of a lawful rule or order of the Director. (2) In the case of a continuing violation, each day’s violation shall be deemed to be a separate and distinct offense. (c) All penalties accruing under the Transportation/Taxicab Network Company Services Act shall be cumulative, and a suit for recovery of one (1) penalty shall not be a bar to or affect the recovery of any other penalty, or be a bar to any criminal prosecution. 2018 NOTE: Subsection/subitem designations added pursuant to the authority of 1 GCA § 1606. 20 COL9192018 16 GCA VEHICLES CH. 28 – TRANSPORTATION/TAXICAB NETWORK COMPANY SERVICES ACT § 28123. Involuntary Suspension and Revocation. (a) The Director shall immediately suspend, without notice or a hearing, the license or permit of a TTNC that: (1) does not continuously maintain the insurance coverage prescribed by the Transportation/Taxicab Network Company Services Act; (2) does not pay the fees owed by the TTNC; or (3) operates in a manner that poses an immediate or imminent threat to public safety. (b) When a license or permit of a TTNC is suspended, the TTNC may apply for reinstatement by requesting a public hearing before the Director, and shall establish that the basis for the suspension has been corrected. § 28124. Severability. If any provision of this law or its application to any person or circumstance is found to be invalid or contrary to law, such invalidity shall not affect other provisions or applications of this law that can be given effect without the invalid provisions or application, and to this end the provisions of this law are severable. -------- 21 COL9192018
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