§17-29-1. Definitions.

As used in this article:

1. (1) "Personal vehicle" means a vehicle that is:
2. (a) Used by a transportation network company driver to provide a prearranged ride;
3. (b) Owned, leased or otherwise authorized for use by the transportation network company driver; and
4. (c) Not a taxicab or for-hire vehicle.
5. (2) "Digital network” means any online-enabled application, software, website or system offered or utilized by a transportation network company that enables the prearrangement of rides with transportation network company drivers.
6. (3) "Transportation network company" means a corporation, partnership, sole proprietorship, or other entity that is licensed pursuant to this article and operating in West Virginia that uses a digital network to connect transportation network company riders to transportation network company drivers who provide prearranged rides. A transportation network company does not 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.

7. (4) “Transportation network company driver" or "driver" means an individual who:

   1. (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
   2. (B) Uses a personal vehicle to offer or provide a prearranged ride to transportation network company riders upon connection through a digital network controlled by a transportation network company in return for compensation or payment of a fee.
8. (5) "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 driver’s personal vehicle between points chosen by the rider.

9. (6) "Prearranged ride" means the provision of transportation by a driver to a transportation network company rider, beginning when a driver accepts a transportation network company rider’s request for a ride through a digital network controlled by a transportation network company, continuing while the driver transports the requesting rider, and ending when the last requesting rider departs from the personal vehicle. A prearranged ride does not include:

   1. (A) Transportation provided using a taxi, limousine or other for-hire vehicle; or
   2. (B) Transportation provided under a ridesharing arrangement, as defined in section one, article twenty-two, chapter seventeen-c of this code or any other type of arrangement or service in which the driver receives a fee that does not exceed the driver’s costs associated with providing the ride.