6.94.010 Definitions.
For the purposes of this Chapter, the following terms, phrases, words and their derivations shall have the meanings given in this section:
(1) “City” means the City of Pullman, Whitman County, Washington.
(2) “For-hire vehicle” means any motor vehicle used for the transportation of passengers for compensation, including Taxicabs and Transportation Network Company (“TNC”) Vehicles. The following motor vehicles are excluded from the definition of for-hire vehicles:
(a) School buses operating exclusively under a contract to a school district;
(b) Ride-sharing vehicles under Chapter 46.74 RCW;
(c) Limousine carriers licensed under Chapter 46.72A RCW;
(d) Vehicles used by nonprofit transportation providers solely for elderly or handicapped persons and their attendants under Chapter 81.66 RCW;
(e) Vehicles used by auto transportation companies licensed under Chapter 81.68 RCW;
(f) Vehicles used to provide courtesy transportation at no charge to and from parking lots, hotels, and rental offices;
(g) Vehicles licensed under, and used to provide “charter party carrier” and “excursion service carrier” services as defined in, and required by, Chapter 81.70 RCW; and
(h) Vehicles used to provide Ambulance Service under Chapter 5.36 Pullman City Code.
(3) “Independent Contractor” means a person who contracts to do a piece of work according to his own methods and subject to the employer’s control only as to the end product of his or her work. An independent contractor performs work but is not considered an “employee.”
(4) “Licensing Officer” means the Chief of the Pullman Police Department or his designee.
(5) “Operate,” “Operated,” or “Operating” means using a Taxicab or TNC Vehicle to at any time to transport any passenger or item of property for compensation and originating from a point within the corporate limits of the City.
(6) “Person” and “he” and “she” means and includes any natural person, and in addition, a partnership, corporation or an unincorporated association unless a contrary intention plainly appears.
(7) “Transportation License” shall mean a license issued by the License Officer to a Taxicab Company or TNC pursuant to this Chapter.
(8) “Taxicab” means 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 TNC vehicle on a TNC’s digital network in accordance with this chapter.
(9) “Taxicab Company” means any entity operating one or more Taxicabs other than as a Taxicab 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.
(10) “Taxicab Driver” means a person engaging in any combination of owning, leasing, advertising, driving, occupying or otherwise using a Taxicab to at any time to transport any passenger or item of property for compensation from a point within the incorporated limits of the City.
(11) “Transportation Network Company” which may be abbreviated herein to “TNC,” means a company that uses an Internet online-enabled platform or application to connect passengers with TNC Drivers.
(12)
(a) “Transportation Network Company Driver” or “TNC Driver” means a driver under contract with a TNC Company who:
(i) Receives connections to potential passengers and related service from a TNC in exchange for payment of a fee to the TNC;
(ii) Operates a motor vehicle that is owned, leased, or otherwise authorized for use by the individual and is used to provide TNC services;
(iii) Is an independent contractor of a TNC; and
(iv) Is not an employee of a TNC.
(b) A TNC Driver shall be considered an independent contractor, and not an employee of a TNC, if all of the following conditions are met:
(i) The TNC does not prescribe the specific hours during which the TNC Driver is required to be logged in to the TNC’s digital network.
(ii) The TNC does not impose any restrictions on the TNC Driver’s ability to use other TNC’s digital networks.
(iii) The TNC does not restrict a TNC Driver from engaging in any other occupation or business.
(iv) The TNC and the TNC Driver agree in writing that the TNC Driver is an independent contractor.
(13) “Transportation Network Company Vehicle” or “TNC Vehicle” means a vehicle that is owned, leased, or otherwise authorized for use by a TNC Driver and is used to provide transportation services arranged through a TNC’s digital network. (Ord. 17-10 §3, 2017).