reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 2 - Transportation › Chapter 15. Pedestrian Council › § 1502. Appointment; composition; qualifications; term of office; removal; compensation.

§ 1502. Appointment; composition; qualifications; term of office; removal; compensation.
(a) The Council is composed of 17 members, as follows:
(1) The Secretary of the Department of Transportation.
(2) The Secretary of the Department of Safety and Homeland Security.
(3) The chair of the State Council for Persons with Disabilities.
(4) The Americans with Disabilities Act Title II [42 U.S.C. § 12131 et seq.] coordinator with the Department of Transportation.
(5) The Americans with Disabilities Act Title II [42 U.S.C. § 12131 et seq.] coordinator with the Department of State.
(6) The chief executive officer of the Delaware Transit Organization.
(7) The general manager of the Department of Land Use of New Castle County.
(8) The director of the Department of Land Use and Planning for the City of Wilmington.
(9) The director of the Department of Planning Services for Kent County.
(10) The director of the Sussex County Planning & Zoning Office.
(11) The executive director of the League of Local Governments.
(12) The Governor shall appoint 6 Delaware citizens with knowledge of pedestrian matters and comprised as follows:
a. A resident of New Castle County.
b. A resident of Kent County.
c. A resident of Sussex County.
d. Three who reside anywhere in Delaware and have a physical disability, developmental disability, or visual impairment.
(b) (1) A member who serves on the Council by virtue of position may appoint a designee to serve in the member's stead and at the member's pleasure.
(2) At least 1 of the members appointed under paragraph (a)(12) of this section must represent the business community of this State.
(3) A member appointed under paragraph (a)(12) of this section serves for a term of 2 years. The Governor may appoint a member under paragraph (a)(12) of this section for a term of less than 2 years to ensure that the members' terms expire on a staggered basis.
(4) A member appointed under paragraph (a)(12) of this section serves until a replacement is appointed under the same process as the member's appointment.
(5) The Governor may remove a member under paragraph (a)(12) of this section for gross inefficiency, misfeasance, nonfeasance, malfeasance, or neglect of duty in office. A member is deemed in neglect of duty if the member is absent from 3 consecutive, regular council meetings without good cause or fails to attend at least 50% of all council meetings in a calendar year. The Governor may consider the member to have resigned and may accept the member's resignation.
(c) A council member receives no compensation but may be reimbursed the member's actual and necessary expenses incurred in the performance of the member's official duties.
84 Del. Laws, c. 58, § 1;
2023 Delaware Code › Title 2 - Transportation › Chapter 15. Pedestrian Council › § 1503. Quorum; officers; meetings; staffing and fiscal support.

§ 1503. Quorum; officers; meetings; staffing and fiscal support.
(a) The number of members who must be present at a council meeting in order to have a quorum and conduct official business is the majority of members. Counting for quorum does not include member positions that are vacant.
(b) The Council shall elect a chair from among its members. A chair serves for a 2-year term.
(c) The Council shall meet at least 4 times per calendar year. The Council shall comply with the Freedom of Information Act (Chapter 100 of Title 29) and post each meeting agenda, each meeting minutes, and other meeting materials on the State Public Meeting Calendar.
(d) The Department of Transportation, through the Planning Division, shall provide reasonable staff and fiscal support to assist the Council in performing its duties under this chapter.
84 Del. Laws, c. 58, § 1;
2023 Delaware Code › Title 2 - Transportation › Chapter 15. Pedestrian Council › § 1504. Powers; duties.

§ 1504. Powers; duties.
(a) The Council shall do all of the following:
(1) Advise the Secretary of the Department of Transportation and the Commissioner of the Department of Safety and Homeland Security on the following issues:
a. Identifying gaps in the system of pedestrian paths and sidewalks in an effort to create a system of sidewalks and pathways that is continuous and interconnected.
b. Designing standards for crosswalks, sidewalks, and pathways, ensuring compliance with the Americans with Disabilities Act of 1990, as amended, [42 U.S.C. § 12101 et seq.] and considering the practicality of completing projects using the standards.
c. Implementing the Department of Transportation's Sidewalk and Multi-Use Path Maintenance Policy.
d. Reviewing of traffic rules to help support a safe pedestrian environment.
e. Accessibility and connectivity in an effort to make transit a more viable option for all Delaware residents.
f. Developing strategies for pedestrian safety education and awareness.
(2) Assist the Department of Transportation with the periodic reevaluation and implementation of the Department of Transportation's Statewide Pedestrian Action Plan and make recommendations regarding the prioritization of pedestrian infrastructure improvements, especially within Level 1 and Level 2 Investment Areas, as the areas are determined under § 9101 of Title 29.
(3) Provide advice or recommendations to other appropriate agencies or municipalities.
(4) Assist with annual pedestrian safety events and outreach initiatives.
(5) Review facts and circumstances of Delaware pedestrian fatalities on a quarterly basis. The review should identify trends, if any, and make recommendations to improve pedestrian safety.
(6) Submit an annual report of the Council's activities and recommendations to the Governor, General Assembly, and the Director and the Librarian of the Division of Research of Legislative Council. The Council shall also provide copies of the annual report to each affected state agency or municipality and make the report available on the Council's website.
(b) The Council may form a subcommittee or multiple subcommittees to assist in completion of the Council's duties under this chapter. A subcommittee may include members of the public or from another state agency or nongovernmental organization relating to relevant areas of expertise. A subcommittee member is not required to be a council member.
84 Del. Laws, c. 58, § 1;
2023 Delaware Code › Title 2 - Transportation › Chapter 18. PUBLIC CARRIER › § 1802C. Taxicab medallion and limousine certification task force.

§ 1802C. Taxicab medallion and limousine certification task force.
(a) The General Assembly directs the Department of Transportation (DelDOT) to create a task force to study taxi medallion issues and limousine certification issues and to submit a report to the General Assembly by January 15, 2004. The task force staffing shall be provided by the House of Representatives and shall consist of the following members:
(1) The Chair of the House Transportation Committee who will serve as chair;
(2) Two taxi cab owners/operators, 1 appointed by the Speaker of the House of Representatives and 1 appointed by the President Pro Tempore of the Senate and 2 limousine owners/operators, 1 appointed by the Speaker of the House of Representatives and 1 appointed by the President Pro Tempore of the Senate;
(3) One member of the House of Representatives to be appointed by the Speaker of the House of Representatives and 1 member of the Senate to be appointed by the President Pro Tempore of the Senate;
(4) Two members of the public, 1 to be appointed by the Speaker of the House of Representatives and 1 to be appointed by the President Pro Tempore of the Senate;
(5) The Secretary of DelDOT, or the Secretary's designee; and
(6) Three members appointed by the Secretary of DelDOT.
(b) The General Assembly directs DelDOT to cap the number of taxi medallions and limousine certifications at the amount in existence at the time this legislation is passed. No new medallions or limousine certificates shall be issued on or before June 30, 2004.
74 Del. Laws, c. 171, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 2 - Transportation › Chapter 18. PUBLIC CARRIER › § 1803. Railroad rights-of-way; acquisition by Department; notice of abandonment.

§ 1803. Railroad rights-of-way; acquisition by Department; notice of abandonment.
In order to permit the state Department to receive notice of, and be afforded an opportunity to acquire, by purchase or condemnation, railroad rights-of-way proposed to be abandoned, sold or leased, it shall be unlawful for any present railroad right-of-way in the State to be abandoned, sold or leased without first serving notice thereof upon the Secretary of the Department, and no sale, conveyance or lease of any part of such right-of-way shall thereafter be made to any person other than the State for a period of 90 days, from the time such notice was served, unless prior thereto the Secretary of the Department shall have filed with the server of the notice a written disclaimer of interest in acquiring all or any part of said right-of-way. The Department shall have the first and primary right to acquire such abandoned right-of-way. The railroad company shall not be entitled to compensation for said right-of-way if it does not possess a fee simple interest (clear title). The State, through the Department, is hereby empowered to purchase, take by gift or devise, or condemn any identifiable interest, reversionary or otherwise, in said abandoned right-of-way. Any sale or conveyance made in violation of this section shall be void.
59 Del. Laws, c. 365, §  1;  60 Del. Laws, c. 503, §  12;
2023 Delaware Code › Title 2 - Transportation › Chapter 18. PUBLIC CARRIER › § 1804. Railroad crossings; construction and protection.

§ 1804. Railroad crossings; construction and protection.
(a) No public carrier engaged in the transportation of passengers or property shall, without prior order of the Department, construct its facilities across the facilities of any other such public utility or across any public highway at grade or above or below grade, or at the same or different levels; and, without like order, no such crossing heretofore or hereafter constructed shall be altered, relocated or abolished.
(b) The Department is hereby vested with exclusive power to determine and prescribe, by regulation or order, the points at which, and the manner in which, such crossing may be constructed, altered, relocated or abolished, and the manner and conditions, including protective devices, in or under which such crossings shall be maintained, operated and protected to effectuate the prevention of accidents and the promotion of the safety of the public.
(c) Upon its own motion or upon complaint, the Department shall have exclusive power after hearing upon notices to all parties in interest, including the owners of adjacent property, to order any such crossing heretofore or hereafter constructed to be relocated or altered, or to be abolished upon such reasonable terms and conditions as shall be prescribed by the Department. The Department may order the work of construction, relocation, alteration, protection or abolition of any crossing aforesaid to be performed in whole or in part by any public carrier or municipal corporation or county concerned or by the Department, or, in the case of any crossing on private land, by the owner thereof; provided, however, that when the Department or other governmental authority maintaining any public highway determines to use federal aid moneys in the construction, relocation, alteration, protection or abolition of any crossing aforesaid, then the Department shall take this into account in allocating costs.
(d) The term “public highway” as used in this section means any road, lane or street maintained by the State or any municipal corporation or county for use by the travelling public, that abuts any railroad track or immediately abuts the right-of-way thereof.
59 Del. Laws, c. 393, §  2;  60 Del. Laws, c. 503, §  13;
2023 Delaware Code › Title 2 - Transportation › Chapter 18. PUBLIC CARRIER › § 1805. Right-of-way defined.

§ 1805. Right-of-way defined.
As used in §§ 1803 to 1806 of this title, “right-of-way” means that roadbed of a line of railroad, not exceeding 100 feet in width, as measured horizontally at the elevation of the base of the rail, including the far embankment or excavated area, with slopes, slope ditches, retaining walls or foundations necessary to provide a width not to exceed 100 feet at the base of rail, including tracks, appurtenances, ballast and any structures or building erected thereon.
59 Del. Laws, c. 365, §  1;  60 Del. Laws, c. 503, §  14;
2023 Delaware Code › Title 2 - Transportation › Chapter 18. PUBLIC CARRIER › § 1806. Contents of notice.

§ 1806. Contents of notice.
Each notice, required to be served pursuant to § 1803 of this title, shall contain a brief description sufficient to identify the right-of-way intended to be abandoned and sold or otherwise disposed of, together with a statement that the notice is given to afford the Department an opportunity to acquire the right-of-way or such portion thereof as may be required for public use.
59 Del. Laws, c. 365, §  1;  60 Del. Laws, c. 503, §  15;  69 Del. Laws, c. 435, §  38;
2023 Delaware Code › Title 2 - Transportation › Chapter 18. PUBLIC CARRIER › § 1807. Service of notice.

§ 1807. Service of notice.
Service of the said notice shall be made by certified mail, return receipt requested, addressed to the Secretary of the Department.
59 Del. Laws, c. 365, §  1;  60 Del. Laws, c. 503, §  16;  69 Del. Laws, c. 435, §  38;
2023 Delaware Code › Title 2 - Transportation › Chapter 18. PUBLIC CARRIER › § 1808. Regulation of ticket agents; penalties for violations.

§ 1808. Regulation of ticket agents; penalties for violations.
(a) Each agent who is authorized to sell tickets or other evidence entitling the holder to travel on any railroad, steamboat or public conveyance shall be provided with a certificate setting forth such agent's authority to make such sales, duly attested by the seal of the owner or persons operating such railroad, steamboat or public conveyance, and also by the signature of the officer whose name is signed upon the tickets or coupons which such agent may sell. Such agent shall exhibit to any person desiring to purchase the ticket, or to any officer of the law who may request of the agent the certificate of such agent's authority thus to sell, and shall keep the certificate conspicuously posted in such agent's office for the information of travelers. No person not possessed of such authority shall sell or transfer any coupon or part of any ticket, or other evidence of the holder's title to travel on any railroad, steamboat or other public conveyance, whether the same is situated, operated or owned within or without this State.
(b) Whoever sells, barters or transfers any such coupon or part of any ticket, or evidence, in violation of this section shall be fined not more than $500, or imprisoned not more than 1 year, or both.
59 Del. Laws, c. 393, §  5;  60 Del. Laws, c. 503, §  17;  84 Del. Laws, c. 42, § 3;
2023 Delaware Code › Title 2 - Transportation › Chapter 18. PUBLIC CARRIER › § 1809. Redemption of unused tickets.

§ 1809. Redemption of unused tickets.
The owner or person operating any railroad, steamboat or other public conveyance shall provide for the redemption at such owner's or operator's general office of the whole or such parts of coupons of any ticket sold as the purchaser has not used, and shall redeem the same at a rate which shall be equal to the difference between the price paid for the whole ticket and the cost of a ticket between the points for which the portion of the ticket was actually used.
59 Del. Laws, c. 393, §  5;  60 Del. Laws, c. 503, §  17;  84 Del. Laws, c. 42, § 4;
2023 Delaware Code › Title 2 - Transportation › Chapter 18. PUBLIC CARRIER › § 1810. Erection and maintenance of telegraph and telephone lines by railroad.

§ 1810. Erection and maintenance of telegraph and telephone lines by railroad.
Every railroad corporation existing under the laws of this State may erect, establish and maintain telegraph or telephone lines for their own use, along and upon the lands and right-of-way of such railroad corporations.
59 Del. Laws, c. 393, §  5;  60 Del. Laws, c. 503, §  17;
2023 Delaware Code › Title 2 - Transportation › Chapter 18. PUBLIC CARRIER › § 1811. Fences and cattle guards; liability for damages; trespass with animals; walking on tracks; penalties.

§ 1811. Fences and cattle guards; liability for damages; trespass with animals; walking on tracks; penalties.
Every railroad corporation shall erect and maintain fences on both sides of its road, of the height and strength of a fence required by law, with openings, gates or bars therein at farm crossings or the roads for the use of proprietors of lands adjoining such railroad. Every such corporation shall also construct and maintain cattle guards at all the road crossings suitable and sufficient to prevent cattle and other animals from getting on the railroad. Until such fences and cattle guards have been duly made the corporation shall be liable for all damages which are done by their engines and cars to cattle, horses or other animals thereon.
After such fences and guards are duly made and maintained the corporation shall not be liable for any such damages, unless negligently or wilfully done. If any person rides, leads or drives any horse or other animal upon such railroad and within such fences and guards other than at farm crossings without the consent of the corporation, such person shall for every such offense forfeit not more than $10 and shall also pay all damages which are sustained thereby to the party aggrieved. No person other than those connected with or employed upon the railroad shall walk along the tracks of any such railroad, except when the same are laid along public roads or streets.
59 Del. Laws, c. 393, §  5;  60 Del. Laws, c. 503, §  17;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 2 - Transportation › Chapter 18. PUBLIC CARRIER › § 1812. Liability of those damaging railroad property.

§ 1812. Liability of those damaging railroad property.
Any person who wilfully impairs, injures, destroys or obstructs the use of any railroad enjoyed under this title or any of its necessary works, wharves, bridges, carriages, engines, cars, machines or other property shall forfeit and pay to the corporation the sum of $50, to be by it recovered in any court having competent jurisdiction in any civil action and shall be liable for all damages sustained.
59 Del. Laws, c. 393, §  5;  60 Del. Laws, c. 503, §  17;
2023 Delaware Code › Title 2 - Transportation › Chapter 18. PUBLIC CARRIER › § 1813. Badges of railroad conductor, baggage master and brakeman.

§ 1813. Badges of railroad conductor, baggage master and brakeman.
Every conductor, baggage master or brakeman, of any railroad corporation employed in a passenger train, shall wear upon his or her hat or cap a badge which shall indicate his or her office and the initial letters of the name of the corporation by which he or she is employed. No conductor or collector of fares or tickets without such badge shall be entitled to demand or receive from any passenger any fare or ticket, or to exercise any powers of his or her office, and no officer without such badge shall have authority to meddle or interfere with any passenger, the passenger's baggage or property.
59 Del. Laws, c. 393, §  5;  60 Del. Laws, c. 503, §  17;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 2 - Transportation › Chapter 18. PUBLIC CARRIER › § 1814. Railroad car brakes.

§ 1814. Railroad car brakes.
No passenger train on any railroad shall be run without an air brake, or some equally effective appliance for controlling the speed of trains, which may be applied by the engineer to each car composing the train, and which shall at all times be kept in good condition and ready for use at the discretion of the engineer.
59 Del. Laws, c. 393, §  5;  60 Del. Laws, c. 503, §  17;
2023 Delaware Code › Title 2 - Transportation › Chapter 18. PUBLIC CARRIER › § 1815. Penalties for violations of §§ 1813, 1814.

§ 1815. Penalties for violations of §§ 1813, 1814.
Any corporation failing to comply with, violating or permitting any of its employees or agents to violate any of the provisions of §§ 1813, 1814 of this title shall, in addition to subjecting itself to any damage that may be caused by such failure or violation, be fined not less than $100 nor more than $500.
59 Del. Laws, c. 393, §  5;  60 Del. Laws, c. 503, §  17;
2023 Delaware Code › Title 2 - Transportation › Chapter 18. PUBLIC CARRIER › § 1816. Free passes and franks; transportation without fare.

§ 1816. Free passes and franks; transportation without fare.
(a) This chapter shall in no wise be construed to prevent the issuance by any public carrier of free passes or franks to its employees, officers, agents and their families, and the interchange between public carriers of passes or franks for their employees, officers, agents and their families, nor to prevent the carrying without fare upon electric trackless trolley coaches, street railways or buses of policemen, firemen, health officers and park guards in uniform, or plain clothes detectives, sheriffs, deputy sheriffs and other public employees wearing official badges.
(b) Nothing in this title shall be construed to prohibit the carriage or handling of persons or property free or at reduced rates by railroads for the United States, state or municipal governments, or to or from fairs and expositions for exhibitions thereof; or the free carriage of destitute and homeless persons transported by charitable societies and the necessary agents employed in such transportation; or the issuance of mileage, excursion or commutation passenger tickets; nor to prohibit any such corporation from giving reduced passenger rates to ministers of religion solely engaged in ministerial duties or to the United States, state or municipal governments; nor to prohibit any such corporation from giving free carriage to their own officers and employees; nor to prohibit the principal officers of any such corporation from exchanging passes or tickets with other railroad corporations for their officers and employees; nor to prohibit any such corporation from giving reduced rates of transportation to other railroad corporations for railroad construction, material, equipment or supplies.
59 Del. Laws, c. 393, §  5;  60 Del. Laws, c. 503, §  17;
2023 Delaware Code › Title 2 - Transportation › Chapter 18. PUBLIC CARRIER › § 1817. Transportation utilities; intra and interline connections; switch connections.

§ 1817. Transportation utilities; intra and interline connections; switch connections.
The Department may, after hearing, upon notice, by order in writing, direct any railroad, street railway, traction company, charter bus or passenger line, to establish and maintain at any junction or point of connection or intersection with any other line of such company, or with any line of any other railroad, street railway, traction company, charter bus, electric trackless trolley coach or passenger line, such just and reasonable connection as is necessary to promote the convenience of shippers of property, or of passengers, and in like manner may direct any railroad, street railway or traction company, engaged in carrying merchandise, to construct, maintain and operate upon reasonable terms a switch connection with any private sidetrack which may be constructed by any shipper to connect with the railroad, street railway or traction railway where, in the judgment of the Department, such connection is reasonable and practicable, and can be put in with safety, and will furnish sufficient business to justify the construction and maintenance of the same.
59 Del. Laws, c. 393, §  5;  60 Del. Laws, c. 503, §  17;  68 Del. Laws, c. 255, §  10;  69 Del. Laws, c. 435, §  38;
2023 Delaware Code › Title 2 - Transportation › Chapter 18. PUBLIC CARRIER › § 1818. Public carriers operating buses; public liability insurance.

§ 1818. Public carriers operating buses; public liability insurance.
The Department may prescribe by regulation or order, as to public carriers operating charter buses, such requirements as it deems necessary for the protection of persons or property of their patrons and the public, including the filing of surety bonds, the carrying of insurance or the qualifications and conditions under which such carriers may act as self-insurers with respect to such matters.
59 Del. Laws, c. 393, §  5;  60 Del. Laws, c. 503, §  17;  68 Del. Laws, c. 255, §  11;  69 Del. Laws, c. 435, §  38;  83 Del. Laws, c. 464, § 2;
2023 Delaware Code › Title 2 - Transportation › Chapter 18. PUBLIC CARRIER › § 1819. Appeal from Department's order.

§ 1819. Appeal from Department's order.
(a) Any public carrier affected by any final order made by the Department, or any other original party to or any intervenor in the proceedings before the Department in which such order was entered and affected thereby, may appeal from such order to the Superior Court within 30 days from the date upon which such order is served. The appeal shall be filed with the Prothonotary of the Court and summons in the appeal shall be served upon the Secretary of the Department either personally or sent by certified mail to the office at Dover, Delaware, and shall be served upon all other parties to the proceeding below, other than the appellant.
(b) The appeal shall not be a trial de novo but shall be based upon the record before the Department.
(c) The scope of review before the Court shall be whether the Department's decision is based on substantial evidence.
62 Del. Laws, c. 125, §  10;  68 Del. Laws, c. 255, §  9;  69 Del. Laws, c. 435, §  38;
2023 Delaware Code › Title 2 - Transportation › Chapter 18. PUBLIC CARRIER › § 1820. Stay pending appeal.

§ 1820. Stay pending appeal.
The filing of an appeal from any order of the Department shall in no case supersede or stay the order of the Department, unless the Superior Court so directs, and the appellant may be required by the Court to give bond in such form and of such amount as the Court, allowing the stay, requires.
62 Del. Laws, c. 125, §  10;  69 Del. Laws, c. 435, §  38;
2023 Delaware Code › Title 2 - Transportation › Chapter 18. PUBLIC CARRIER › § 1821. Liability for trashing railroad right-of-ways; penalty; jurisdiction.

§ 1821. Liability for trashing railroad right-of-ways; penalty; jurisdiction.
A person shall be guilty of an offense if the person throws, or causes to be thrown, any waste paper, sweepings, ashes, household waste, glass, metal, tires, refuse or rubbish, or any dangerous or detrimental substance to be deposited into or upon any railroad right-of-way of this State. Whoever violates this section shall be fined not less than $50 nor more than $300. For each subsequent offense occurring within 3 years of a former offense, the person shall be fined not less than $300 nor more than $500. The minimum fines for a violation of this section shall not be subject to suspension. The Justice of the Peace Court system shall have exclusive jurisdiction over any violations of this section.
68 Del. Laws, c. 351, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 2 - Transportation › Chapter 18. PUBLIC CARRIER › § 1822. Medical transportation by health-care facilities.

§ 1822. Medical transportation by health-care facilities.
Vehicles that are operated by:
long-term care facilities, as defined in § 1102 of Title 16; hospitals as defined in § 1001 of Title 16; treatment facilities as defined in § 2203 of Title 16; providers who are qualified to provide treatment by the Department of Health and Social Services, including for day and residential services; and facilities where physical therapy is provided; may provide transportation services for their patients, clients or residents in accordance with a contract between the facility and a nonemergency medical transportation broker, without certification as a public carrier.
80 Del. Laws, c. 68, §  2;  81 Del. Laws, c. 207, § 1;
2023 Delaware Code › Title 2 - Transportation › Chapter 18. PUBLIC CARRIER › § 1823. Medical transportation by stretcher van.

§ 1823. Medical transportation by stretcher van.
Stretcher vans, as defined in § 1801 of this title may provide nonemergency medical transportation services in accordance with a contract between the owner or operator of such stretcher van and a broker of nonemergency medical transportation services, without certification as public carrier. At a minimum, stretcher van driver and attendant credentialing will include a yearly national criminal background check, yearly 10-panel drug test, and training appropriate to the level of service being provided. All vehicles used as stretcher vans will be required to pass a yearly inspection as well as random inspections as the broker deems necessary. In addition, stretcher van operators, not certified as public carriers must nonetheless comply with public liability insurance requirements applicable to public carriers.
80 Del. Laws, c. 68, §  2;
2023 Delaware Code › Title 2 - Transportation › Chapter 19. TRANSPORTATION NETWORKS › § 1901. Definitions.

§ 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 drivers.
(2) “Personal vehicle” means a vehicle that is used by a transportation network company driver and is:
a. Owned, leased or otherwise authorized for use by the transportation network company driver; and
b. Not a taxicab, limousine, or public carrier as defined in Chapter 18 of this title.
(3) “Prearranged ride” means the provision of transportation by a TNC driver to a rider, beginning when a TNC driver accepts a ride requested by a rider through a digital network controlled by a transportation network company, continuing while the TNC driver transports a requesting rider, and ending when the last rider departs from the personal vehicle. A prearranged ride does not include:
a. Transportation provided using a taxicab, limousine, or other public carrier pursuant to Chapter 18 of this title; or
b. A shared expense carpool or vanpool arrangement; or
c. A regional transportation provider.
(4) “Protective hairstyle” includes braids, locks, and twists.
(5) “Race” includes traits historically associated with race, including hair texture and a protective hairstyle.
(6) “Transportation network company” or “TNC” means a corporation, partnership, sole proprietorship, or other entity that is licensed pursuant to this chapter and operating in Delaware that uses a digital network to connect transportation network company riders to transportation network company drivers who provide prearranged rides. A transportation network company 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. “Transportation network company” does not include a transportation broker arranging nonemergency medical transportation for Medicaid or Medicare members pursuant to a contract with the State or a managed-care organization.
(7) “Transportation network company driver” or “TNC driver” means an individual who:
a. Receives connections to potential passengers and related services from a transportation network company in exchange for payment of a fee to the transportation network company; and
b. Uses a personal vehicle to offer or provide a prearranged ride to riders upon connection through a digital network controlled by a transportation network company in return for compensation or payment of a fee.
(8) “Transportation network company rider” or “rider” means an individual or persons who use a transportation network company's digital network to connect with a transportation network company driver who provides prearranged rides to the rider in the TNC driver's personal vehicle between points chosen by the rider.
80 Del. Laws, c. 374, § 1;  83 Del. Laws, c. 13, § 1;
2023 Delaware Code › Title 2 - Transportation › Chapter 19. TRANSPORTATION NETWORKS › § 1902. Not other carriers.

§ 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 provide prearranged rides as a commercial or public carrier vehicle. A TNC driver shall also not be required to obtain a Delaware business license from the Delaware Division of Revenue.
80 Del. Laws, c. 374, § 1;
2023 Delaware Code › Title 2 - Transportation › Chapter 19. TRANSPORTATION NETWORKS › § 1903. TNC permit required.

§ 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 requirements for a TNC set forth in this chapter, and pays an annual permit fee of $5,000 to the Division.
80 Del. Laws, c. 374, § 1;
2023 Delaware Code › Title 2 - Transportation › Chapter 19. TRANSPORTATION NETWORKS › § 1904. Agent and registration requirements.

§ 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 licensure requirements under the Delaware Code and Delaware Division of Revenue's regulations.
80 Del. Laws, c. 374, § 1;
2023 Delaware Code › Title 2 - Transportation › Chapter 19. TRANSPORTATION NETWORKS › § 1905. Fare collected for services.

§ 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 online-enabled technology application service. The TNC shall also provide riders with the option to receive an estimated fare before the rider enters the TNC driver's vehicle.
80 Del. Laws, c. 374, § 1;
2023 Delaware Code › Title 2 - Transportation › Chapter 19. TRANSPORTATION NETWORKS › § 1906. Identification of TNC vehicles and TNC drivers and customer service.

§ 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 ride, before the rider enters the TNC driver's vehicle.
(b) A TNC driver must display on his or her vehicle at all times while logged into a TNC's digital platform, a sign, emblem, or logo that can sufficiently identify the vehicle as being associated with the TNC or its associated digital platform.
(c) A TNC must provide a customer support telephone number, email address, or hyperlink on its digital application or website.
80 Del. Laws, c. 374, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 2 - Transportation › Chapter 19. TRANSPORTATION NETWORKS › § 1907. Electronic receipt.

§ 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 trip; and
(3) An itemization of the total fare paid, if any.
80 Del. Laws, c. 374, § 1;
2023 Delaware Code › Title 2 - Transportation › Chapter 19. TRANSPORTATION NETWORKS › § 1909. Disclosures.

§ 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 insurance coverage, including the types of coverage and the limits for each coverage, that the transportation network company provides while the transportation network company driver uses a personal vehicle in connection with a transportation network company's digital network; and
(2) That the transportation network company driver's own automobile insurance policy might not provide any coverage while the TNC driver is logged on to the transportation network company's digital network and is available to receive transportation requests or is engaged in a prearranged ride, depending on its terms.
(b) A transportation network company shall make the following disclosure to a TNC driver in the TNC driver's terms of service:
“If the vehicle with which you provide transportation network company services has a lien against it, you must notify the lienholder that you provide transportation network company services with such vehicle. Providing such transportation network company services may violate the terms of your contract with the lienholder.”
80 Del. Laws, c. 374, § 1;
2023 Delaware Code › Title 2 - Transportation › Chapter 19. TRANSPORTATION NETWORKS › § 1911. Limitation on TNCs.

§ 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 into the TNC's digital platform;
(2) The TNC imposes no restrictions on the TNC driver's ability to utilize digital platforms from other TNCs;
(3) The TNC does not assign a TNC driver a particular territory in which to operate;
(4) The TNC does not restrict a TNC driver from engaging in any other occupation or business; and
(5) The TNC and TNC driver agree in writing that the TNC driver is an independent contractor of the TNC.
80 Del. Laws, c. 374, § 1;
2023 Delaware Code › Title 2 - Transportation › Chapter 19. TRANSPORTATION NETWORKS › § 1912. Zero tolerance for drug or alcohol use.

§ 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 prearranged rides or is logged into the TNC's digital network but is not providing prearranged rides, and the TNC shall provide notice of this policy on its website, as well as procedures to report a complaint about a TNC driver with whom a rider was matched and whom the rider reasonably suspects was under the influence of drugs or alcohol during the course of the trip.
(b) Upon receipt of such rider complaint alleging a violation of the zero tolerance policy, the TNC shall immediately suspend such TNC driver's access to the TNC's digital platform, and shall conduct an investigation into the reported incident. The suspension shall last, at a minimum, the duration of the investigation.
(c) The TNC shall maintain records relevant to the enforcement of this requirement for a period of at least 2 years from the date that a rider complaint is received by the TNC.
80 Del. Laws, c. 374, § 1;
2023 Delaware Code › Title 2 - Transportation › Chapter 19. TRANSPORTATION NETWORKS › § 1913. TNC driver requirements.

§ 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 paragraphs (b)(5)-(8) of this section.
(2) The TNC shall conduct, or have a third party conduct, a local and national criminal background check for each applicant that shall include:
a. Multi-state/multi-jurisdiction criminal records locator or other similar commercial nationwide database with validation (primary source search); and
b. U.S. Department of Justice National Sex Offender Public Website;
(3) The TNC shall review, or have a third-party review, a driving history research report for such individual.
(b) The TNC must disqualify any prospective TNC driver whose background check or driving history reveals that he or she:
(1) Within the prior 3-year period was convicted of:
a. More than 3 moving violations;
b. Driving while license is suspended or revoked under § 2756 of Title 21;
c. Attempting to flee or elude a police officer under § 4103 of Title 21; or
d. Offenses which caused his or her license to be suspended, revoked, or disqualified for moving violations.
(2) Has been convicted, within the past 7 years, of:
a. Any felony; or
b. Misdemeanor driving under the influence, reckless driving or hit and run, or any misdemeanor violent offense or sexual offense; or
c. Speeding more than 100 miles per hour.
(3) Has ever been convicted, within the maximum allowable time period for which convictions may be reviewed under applicable state law, of:
a. An offense classified as a class A or violent class B felony;
b. Any crime against a child;
c. Any crime constituting a felony sexual offense;
d. Any crime constituting a felony homicide, including, but not limited to, murder, manslaughter, and vehicular homicide;
(4) Is a match in the U.S. Department of Justice National Sex Offender Public Website;
(5) Does not possess a valid driver's license;
(6) Does not possess proof of registration for the motor vehicle or vehicles used to provide prearranged rides;
(7) Does not possess proof of automobile liability insurance for the motor vehicle or vehicles used to provide prearranged rides; or
(8) Is not at least 18 years of age.
(c) A TNC or a third party must check, at least annually, the driving record of every TNC driver operating on the TNC's platform in order to verify that the TNC driver has not accrued any moving violations that would require disqualification under paragraph (b)(1) of this section.
80 Del. Laws, c. 374, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 2 - Transportation › Chapter 19. TRANSPORTATION NETWORKS › § 1914. Vehicle safety.

§ 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 inspection; and
(2) Each TNC vehicle with over 10,000 miles that is registered in another state has passed a motor vehicle safety inspection authorized or approved by a state government agency for personal vehicles; provided that, the initial safety inspection for a vehicle used by a new TNC driver may be conducted within 90 days of beginning service.
80 Del. Laws, c. 374, § 1;
2023 Delaware Code › Title 2 - Transportation › Chapter 19. TRANSPORTATION NETWORKS › § 1916. No cash trips.

§ 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 made only electronically using the TNC's digital network or online-enabled technology application service.
80 Del. Laws, c. 374, § 1;
2023 Delaware Code › Title 2 - Transportation › Chapter 19. TRANSPORTATION NETWORKS › § 1917. No discrimination; accessibility.

§ 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, or gender identity with respect to riders and potential riders and notify TNC drivers of such policy.
(b) TNC drivers shall comply with all applicable laws regarding nondiscrimination against 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.
(c) TNC drivers shall comply with all applicable laws relating to accommodation of service animals.
(d) A TNC shall not impose additional charges for providing services to persons with physical disabilities because of those disabilities.
80 Del. Laws, c. 374, § 1;
2023 Delaware Code › Title 2 - Transportation › Chapter 19. TRANSPORTATION NETWORKS › § 1918. Records.

§ 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 of the date on which a TNC driver's customer relationship with the TNC has ended;
(3) The TNC driver's driver license number and state of licensure;
(4) The vehicle registration number, license plate number, and state of vehicle registration for each vehicle that the TNC driver will use to provide prearranged rides;
(5) Documentation showing that the vehicle has been inspected in accordance with § 1914 of this title and that the TNC driver has passed a criminal history record check and driving record check as required under § 1913 of this title.
80 Del. Laws, c. 374, § 1;
2023 Delaware Code › Title 2 - Transportation › Chapter 19. TRANSPORTATION NETWORKS › § 1919. Audits and inspection of records.

§ 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 than quarterly, the Division may request that a TNC transmit to the Division records and information that the TNC is required to maintain under § 1918 of this title for up to 50 TNC drivers; provided that, the TNC shall undertake best efforts not to share records and information about the same TNC driver during consecutive reporting periods; and further provided that, the Division shall not retain criminal background check reports. Within 10 business days of receiving a request, the TNC shall transmit the records to the Division via a secure delivery method, which may include use of encryption security or hand delivery. If, after this initial review, the Division has a reasonable basis to conclude that the TNC is not in compliance with this chapter, the Division may, upon reasonable notice, conduct a supplemental audit of records and information for an additional selection of TNC drivers at a mutually agreed location.
(c) Any records or information that a TNC discloses to the Division pursuant to this section shall be exempt from disclosure under the Delaware Freedom of Information Act, § 10001 et seq. of Title 29.
(d) The Division shall destroy any records it receives from a TNC pursuant to this section within 180 days of receiving such records unless required by law to retain the records for a longer period or the record relates to a TNC driver who the Division has a reasonable basis to believe is not properly authorized to operate in Delaware.
80 Del. Laws, c. 374, § 1;
2023 Delaware Code › Title 2 - Transportation › Chapter 19. TRANSPORTATION NETWORKS › § 1920. Compliance with state law and defensive driving course.

§ 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 information about a defensive driving course approved by the Division.
80 Del. Laws, c. 374, § 1;