P.R. Laws tit. 27, § 1002

2019-02-20 00:00:00+00
§ 1002. Terminology

For purposes of this part, unless the context clearly states otherwise:

(a) Corporation.— Includes a corporation, cooperative, community, trust, and any other form of association or incorporation even if not having juridic personality independently of its members.

(b) Person.— Includes an individual, partnership, enterprise, association or corporation. It likewise includes lessees, trustees and judicial administrators or receivers of a person.

(c) Public service company.— Includes any public carrier, gas company, electric power company, graving dock company, transportation broker, dock operator, warehouse company, toll bridge company, nuclear power company, liquefied petroleum gas cylinders packaging, sales, repair, and reconstruction company, service and sale of meters for taxis and other public vehicles companies, and moving companies that offer or render their services or offer delivery services or deliver products for pay, to the public in general or a part thereof, in Puerto Rico. It does not include persons rendering service for their exclusive use or that of their tenants.

(d) Public carrier.— Includes every:

(1) Railroad company.

(2) Public vehicle enterprise.

(3) Taxi enterprise, except those taxicabs regulated by the Puerto Rico Tourist Ground Transportation Act.

(4) Motor vehicle freight transportation enterprise.

(5) Air transportation enterprise.

(6) Lease vehicle enterprise offered to render, or that renders transportation of cargo or passengers for pay, to the general public or part thereof. The term shall apply to public contract carriers.

(e) Railroad enterprise.— Includes any person who owns, controls, operates, or manages any railroad, and shall be governed by the legal provisions existing before the approval of this part and which are not in conflict herewith.

(f) Public vehicle enterprise.— Includes any person who owns, controls, operates or manages any motor vehicle used for the transportation of passengers and baggage incidental to the transportation thereof, regardless of its capacity and whether or not such transportation is carried out between fixed or irregular terminals, as a public carrier. This does not include taxi or tour enterprises.

(g) Taxicab enterprise.— Includes any person who as a public carrier owns, controls, operates or manages any motor vehicle of a capacity not over seven (7) passengers, used for the transportation of passengers and of baggage incidental to the transportation thereof, over any public thoroughfare, [with the exception of] taxicabs regulated by the Puerto Rico Tourist Ground Transportation Act, §§ 6754–6847 of Title 23.

(h) Motor vehicle freight transportation enterprise.— Includes any person who, as a public carrier, owns, controls, operates, or manages any motor vehicle used for the transportation of freight over any public overland highway, regardless of whether or not such transportation is carried out between fixed terminals or through regular or irregular routes.

(i) Air transportation company.— Includes any person who, as a public carrier, owns, controls, operates or manages any kind of vehicle used for the transportation by air of passengers or baggage by air between points in Puerto Rico.

(j) Tour company.— Includes any person who, as a public carrier, owns, controls, operates or manages any kind of watercraft used for the transportation of passengers or baggage incidental to the transportation of the former by air, between points in Puerto Rico, for the purpose of sight-seeing interesting, picturesque or historic places, regardless of whether or not such transportation is carried out between fixed terminals or through regular or irregular routes.

(k) Car rental company.— Includes any person who owns, controls, operates or manages motor vehicles to be leased and operated by the lessees or by any person designated by the latter.

(l) Private carrier.— Includes any person, except public carriers, engaged, for pay, under individual contract or agreement, in the transportation of passengers or property in motor vehicles or watercraft between points in Puerto Rico even when said transportation is carried out incidental to the operation of any other business or activity whether or not for profit.

(m) Conveyance of passengers.— Includes all service connected with the safety, comfort or convenience of the person transported to his/her destination, and the receipt, transportation and delivery of his/her baggage.

(n) Transportation of property.— Includes all service connected with the transportation of property or freight, including the receipt, delivery, hauling, transfer, deflecting, carrying, ventilation, refrigeration, freezing, stowing, storing and handling thereof.

(o) Gas company.— Includes any person who owns, controls, operates, exploits, or manages as a public service company any plant or business in Puerto Rico for the import, production, generation, transmission, delivery, supply, or distribution of propane gas, processed or derived, or any liquid capable of being converted into propane gas and distributed by cylinders or any type of container for residential, commercial, and industrial purposes. Be it understood that gas “production” and “import” business are, among others, those refineries, import companies, distribution-wholesale companies and/or seaport terminals engaged in the import, production, generation, traffic, storage, distribution, or sale of liquefied petroleum gas or any other hydrocarbon mixture known as refinery gas, regardless of whether they sell or serve their product to a limited number of persons and/or wholesalers. However, the import, production, generation, transmission, delivery, supply, or distribution of natural gas, processed or derived, or any other liquid capable of being converted into natural gas, and distributed by pipeline, cylinder, or any type of container, whether for residential, commercial or industrial purposes are hereby excluded from this definition.

(p) Electric energy company.— Includes any person who owns, controls, operates or manages, as a public service company, any plant for the production, generation, transmission, delivery or supply of electricity for lighting, heating, or power.

(q) Telegraph company.— Includes any person who owns, controls, operates or manages, as a public service company, any plant used for telegraphic communication, whether wired or wireless.

(r) Plant.— Includes all real or personal property owned, controlled, operated or managed in relation with or to facilitate the business in which the public service company or private carrier is engaged.

(s) Dry dock company.— Includes any person who owns, controls, operates or manages, as a public service company, any dry dock.

(t) Transportation broker.— Includes any person, except travel agencies and those included within the term public carrier and bona fide employees or agents of such public carriers, who, as principal or agent, engages in the sale or offering for sale of any kind of transportation subject to the jurisdiction of the Commission, or undertakes negotiations, or offers through solicitation, advertisement or otherwise, to sell, provide, furnish, or contract or arrange for, transportation.

(u) Dock operator.— Includes any person who owns, controls, operates or manages any dock, pier, slip or structure used by watercraft in relation with or to facilitate the arrival or departure of passengers and the loading or unloading of property.

(v) Warehouser.— Includes any person, except dock operators, who owns, controls, operates or manages, as a public service company, any warehouse, building or structure where property is stored in relation with or to facilitate the transportation of property by public or private carriers, or where property is stored by the general public.

(w) Toll-bridge company.— Includes any person who owns, controls, operates or manages, as a public service company, any kind of bridge, equipment or facilities in Puerto Rico, used in relation with or to facilitate the passage of vehicles, persons or property.

(x) Nuclear power company.— Includes any person who owns, controls, operates or manages, as a public service company, any plant or factory in Puerto Rico for the production, generation, transmission, delivery or supply of electricity, steam, fuel or other power of whatever nature for any purpose, from all power generating sources, such as isotopes and other nuclear substances, as well as for the sale of the derivatives of the nuclear splitting byproducts.

(y) Service.— Is used in this chapter in its broadest sense, and includes any act performed and anything furnished or delivered and all equipment used or furnished by any public service company or private carrier in the fulfillment of its service and duties for its patrons, employees and for the public. It also includes the exchange of equipment between two or more public service companies or private carriers.

(z) Equipment.— Includes all the plant, as well as any property and equipment of a public service company or a public carrier, and each and every one of the means, devices and utensils which are the property of, are used, managed, controlled or supplied in connection with the business of any public service company or private carrier.

(aa) Tariffs.— Is used in its broadest sense and includes tariffs, charges, toll fees, prices or compensation. The use of any such terms, singly or jointly with one or more of them does not have the purpose of excluding the others.

(bb) Authorization.— Includes certificate of public convenience and necessity, license, permit, franchise, concession, power, right, privilege and temporary permit of any kind, issued by the Commission or by the extinct Executive Council. The use of any of these terms simply or jointly with one or more of them does not have the purpose of excluding the others.

(cc) Commission.— Means the Public Service Commission of Puerto Rico.

(dd) Officer.— Includes the owner, manager, director, president, secretary, treasurer or other officer, agent or employee of any public service company or private carrier.

(ee) Rule.— Means any ruling, regulation, standard, statement of policy of general application, or general order having force of law, including any amendment or repeal thereof, issued by the Commission to render effective, construe or make specific the legislation enforced or administered by the Commission. Said term does not include bylaws of the Commission which do not affect private rights or interests.

(ff) Practices.— Includes the practices, classifications, classes or items, rules and regulations of public service companies or private carriers.

(gg) Evidence of indebtedness.— Includes stock, promissory notes, trust certificates, bonds and other securities of any nature.

(hh) For pay.— Includes any remuneration paid, pledged or due, directly or indirectly.

(ii) Motor vehicle.— Shall mean any vehicle propelled by power other than muscular over water, land or rails or through air, including heavy motor vehicles, as defined in §§ 5001 et seq. of Title 9, except the following vehicles:

(1) Traction machine.

(2) Rollers.

(3) Tractors used exclusively for agricultural purposes.

(4) Power shovels.

(5) Deep well drilling machines.

(6) Small wheeled vehicles used in factories, warehouses and railroad stations.

(jj) Moving company.— Includes any natural or juridical person who owns, controls, operates or manages as a public service company any structure, premise or facility to carry out business deals, to provide, furnish or contract for the transportation of household appliances, furniture, household tools or new or used personal effects not intended for resale, including the packing when the parties so agree by contract.

(kk) Private vehicle company engaged in trade.— Includes any person who is not a public carrier or a contract carrier, and who transports in a motor vehicle, goods, freight or products of which he/she is the owner, lessee or depositary for the purpose of sale, rent or lease. This definition includes any person who uses a motor vehicle:

(ll) Tourist transport.— Includes every person who, without being a public or private carrier, transports passengers in tourist areas, and who transports said passengers, with or without pay, in a private vehicle whether they are their guests or tenants or not, even when said transportation is carried out incidentally to the operation of any other business or activity for profit or not.

(1) With a gross weight of ten thousand (10,000) pounds or more; or

(2) to transport hazardous materials, as defined through the regulations adopted by the Commission, or

(3) to transport ten (10) passengers or more, including the driver, who is carrying out any commercial activity other than the transportation of passengers.

(mm) Company for the service and sale of taxi meters.— Includes any person who, as the principal or agent thereof, controls, operates or administrates any business in Puerto Rico engaged in rendering the service of providing, supplying, selling, or offering to sell, install, repair, adjust or seal meters in taxis and other public vehicles. For purposes of this chapter, it shall be understood that a meter includes all the accessories and equipment used for its operation.

(nn) Company for the bottling, sale, repair and reconstruction of liquid petroleum gas cylinders.— Includes any person who as the principal or agent thereof controls, operates or administers any business in Puerto Rico engaged in rendering the service of providing, supplying, distributing, selling or offering to sell, manufacture, repair or reconstruct gas cylinders for the bottling of liquefied petroleum gas. For purposes of this chapter, it shall be understood that the bottling or cylinder includes the cylinder and all the accessories or equipment needed for the operation thereof.

(oo) Special bus.— A motor vehicle of a mid-size or greater capacity authorized to provide ground transportation services to passengers without luggage (and with luggage when incidental to such transportation) in any public thoroughfares of the Commonwealth of Puerto Rico, even when the transportation service is accessory or supplementary to the operation of any other business or activity, whether for profit or not.

(qq) Special bus company.— Any person who uses or intends to use one or more motor vehicles to provide ground transportation services to passengers without luggage (and with luggage when incidental to such transportation) in the public thoroughfares of the Commonwealth of Puerto Rico, even when the transportation service is accessory or supplementary to the operation of any other business or activity, whether for profit or not.

History —June 28, 1962, No. 109, p. 288, § 2; June 6, 1968, No. 74, p. 126; June 28, 1969, No. 124, p. 366; July 30, 1974, No. 264, Part 2, p. 307; Aug. 9, 1974, No. 16, Part 2, p. 624, § 3; June 30, 1975, No. 129, p. 377; June 22, 1977, No. 98, p. 219, § 1; July 6, 1985, No. 71, p. 248; May 15, 1986, No. 24, p. 60; May 24, 1986, No. 27, p. 65, § 1; July 9, 1986, No. 89, p. 295; June 4, 1990, No. 9, p. 65, § 1; Aug. 22, 1990, No. 50, p. 202, § 1; Sept. 12, 1996, No. 217, § 2; Aug. 29, 2002, No. 219, § 1; Dec. 19, 2002, No. 282, § 67; Aug. 28, 2003, No. 212, §§ 6, 7; Dec. 30, 2010, No. 241, § 2, eff. 30 days after Dec. 30, 2010; Aug. 16, 2012, No. 173, § 4; Sept. 5, 2014, No. 149, §§ 1, 2.