North Dakota Code 26.1-40.2-01 – Definitions
1. “Delivery available period” means the period when a driver:
Terms Used In North Dakota Code 26.1-40.2-01
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Individual: means a human being. See North Dakota Code 1-01-49
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
a. Has logged on to a digital network and is available to receive requests to provide delivery services from a delivery network company; b. Is operating a personal vehicle; and
c. Is not providing delivery services or operating in the delivery service period.
2. “Delivery network company” means a corporation, partnership, sole proprietorship, or other entity that operates in the state and uses a digital network to connect a delivery network company customer to a delivery network driver to provide delivery services. A delivery network company may not be deemed to control, direct, or manage the personal vehicle or delivery network drivers that connect to the delivery network company’s digital network, unless agreed to by written contract.
3. “Delivery network company customer” means a person that orders the delivery of goods, where the delivery network driver delivers the goods at the direction of the delivery network company customer.
4. “Delivery network driver” means an individual who provides delivery services through a delivery network company’s digital network using a personal vehicle.
5. “Delivery service period” means the period:
a. Beginning when a driver starts operating a personal vehicle en route to pick up a good for a delivery as documented via a digital network controlled by a delivery network company; b. Continuing while the driver transports the requested delivery; and c. Ending upon delivery of the requested good to:
(1) The delivery network company customer or the last delivery network company customer in a series of deliveries; or
(2) A location designated by the delivery network company, including for purposes of returning the good.
6. “Delivery services” means the fulfillment of delivery requests made by a delivery network company customer through a digital network, including the pickup of any good and the delivery of the good to a delivery network company customer by a delivery network driver. Delivery services may include a series of deliveries to different customers.
7. “Digital network” means any online-enabled application, software, website, or system offered or used by a delivery network company which enables deliveries with delivery network drivers.
8. “Personal injury protection” means basic no-fault benefits as defined under section 26.1-41-01.
9. “Personal vehicle” means a vehicle that is:
a. Used by a delivery network driver to provide delivery services via a digital network; or
b. Owned, leased, or otherwise authorized for use by the delivery network driver.