Delaware Administrative Code
Title 2 - Transportation
2000 - Department of Transportation
2200 - Division of Motor Vehicles
Vehicle Services
2287 - Public Carrier Regulations
Section 2287-1.0 - Definitions
In addition to the definitions in 2 Del.C. § 1801, the following words, terms, and phrases, when used in this regulation, shall have the following meaning:
"Certificate Holder" means a person holding a Certificate of Public Convenience and Necessity.
"Certificate of Public Convenience and Necessity" means formal authorization granted to a person, issued by the Office of Public Carrier Regulation, to operate a specified aggregate number of vehicles within and conforming to a particular service category, and requiring a person's conformance to the rules and regulations and to all future amendments, adopted by the Office of Public Carrier Regulations applicable to such Certificate in accordance with 2 Del.C. Ch. 18.
"Department" means the Delaware Department of Transportation.
"Director" means the Chief Executive Officer of the Delaware Transit Corporation of the Department of Transportation.
"Division" means the Delaware Transit Corporation and the Office of Public Carrier Regulation ("OPC").
"Exempt Vehicle" means any carpools, van pools and public agency vehicles not operated as a commercial venture, and ambulances, vehicles used exclusively for the transportation of decedents and persons participating in funeral services, vehicles used solely to provide free transportation services for customers of the business establishment operating said vehicles, and rental or leased vehicles which rental or lease does not include a driver; provided, however, that no motor vehicle excluded under this definition shall be used on a for-hire basis with a driver except as authorized by this chapter. Transportation to and from any school or school-sponsored event when such transportation is under the regulation of the Department of Education, transportation to and from a church, synagogue or other place or worship, and shuttle-type transportation provided by business establishments without charge to customers of the business offering such shuttle transportation between fixed termini is also exempt.
"Highway" means any road, lane, or street maintained by the State, or any municipality or county thereof, for use by the traveling public.
"Interstate" means transportation between any place in a state and any place in another state or between places in the same state through another state.
"Intrastate" means travel within the boundaries of the State of Delaware.
"Medical Transport Vehicle" means any motor vehicle designed or used to transport 15 persons or less, including the driver, on a prearranged basis for visits to medical care providers or other destinations related to health and welfare that require "Protective Oversight" of passengers with special needs.
"Passenger Trailer" means any unpowered vehicle that transports passengers over the roadways of the State of Delaware while being pulled by a motor vehicle.
"Prearranged" means that the transportation has been arranged or reserved via telephone, facsimile, or computer before the Vehicle for Hire is dispatched to render the transportation service or the providing of a driver service that transports a passenger in the passenger's vehicle that has been arranged or reserved via telephone, facsimile, computer or subscription service or any service ancillary to the transportation such as loading baggage.
"Proceedings" means actions, complaints, hearings, investigations, trials, appeals, orders, and similar proceedings.
"Property" means all material, equipment, apparatus, devices and property of any kind owned or operated by any public carrier.
"Protective Oversight" means the continuity of responsibility for the safety and welfare of passengers. Due to the level of disability, behavior, physical ability or medical condition, some passengers are at risk if left alone and require continuous oversight by another party.
"Rates" means rates, fares, charges, tolls, fees, tariffs or any schedule of prices charged for public transportation by the public carrier.
"Records" means accounts, books, charts, contracts, documents, files, maps, reports, schedules, trip logs, maintenance logs, dispatch logs, state, federal, and developer mandated vehicle software updates, software correction and debugging, etc.
"Reserve Vehicle" means a Vehicle for Hire not in service.
"Secretary" means the Secretary of the Department of Transportation.
"Taximeter" means a meter instrument or device attached to a taxicab, which measures mechanically or electronically the distance driven and the waiting time upon which the fare is based.
"Vehicle for Hire" means any motor vehicle engaged in the business of carrying persons for hire in the State of Delaware where compensation for said transportation is made directly or indirectly.
"Written Notice" means any notice provided by the OPC via email, fax, express mail, regular mail or certified mail, or return receipt requested, unless noted otherwise.
