As used in the Transportation Network Company Services Act: A. "digital network" means an internet-supported application, software, program, website or system offered or utilized by a transportation network company that enables the prearrangement of transportation by passengers with transportation network company drivers; B. "facilitate" means the connection of a driver to a passenger by a transportation network company for the provision of a prearranged ride; C. "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 a taxicab or other vehicle for hire; D. "prearranged ride" means transportation provided by a transportation network company driver, which shall be deemed to commence when a driver accepts a transportation request through a digital network and continue until all passengers have exited from the personal vehicle at the destination requested by the rider. "Prearranged ride" does not include shared-expense vanpool or carpool arrangements or transportation provided using a taxicab, limousine or other vehicle for hire pursuant to the Motor Carrier Act [Chapter 65, Article 2A NMSA 1978]; E. "state's medicaid program" means a state program acting to leverage federal benefits for state residents pursuant to Title 19 or Title 20 of the federal Social Security Act; F. "transportation broker" means an entity under contract with the medical assistance division of the human services department [health care authority department] or a managed care organization that manages transportation benefits under the state's medicaid program; G. "transportation network company" means a corporation, partnership, sole proprietorship or other entity that is licensed pursuant to the Transportation Network Company Services Act and lawfully operating in New Mexico that uses a digital network, but which shall not: (1) 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; or (2) include any entity receiving funding to supplement transportation services through Title III B of the federal Older Americans Act of 1965, including any driver for such an entity, but only when the driver is providing those services; H. "transportation network company driver" or "driver" means an individual who: (1) 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; and (2) uses a personal vehicle to provide a prearranged ride through a digital network; I. "transportation network company insurance" means a liability insurance policy that specifically covers a transportation network company driver's use of a transportation network company digital network; and J. "transportation network company rider" or "rider" means a person who uses a digital network for a prearranged ride. History: Laws 2016, ch. 80, § 2; 2017, ch. 13, § 1; 2023, ch. 181, § 2. Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 2023, ch. 205, § 16 provided that references to the human services department shall be deemed to be references to the health care authority department. The 2023 amendment, effective July 1, 2023, defined "facilitate," "state's medicaid program" and "transportation broker" as used in the Transportation Network Company Services Act; added a new Subsection B and redesignated former Subsections B and C as Subsections C and D, respectively; and added new Subsections E and F and redesignated former Subsections D through G as Subsections G through J, respectively. The 2017 amendment, effective June 16, 2017, amended the definition of "transportation network company" to exclude entities receiving federal subsidies to provide service under the federal Older Americans Act of 1965; and in Subsection D, after "shall not", added new paragraph designation "(1)", and added Paragraph D(2).
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