§ 32-7C-33 — Recordkeeping; Inspection; Audit Analysis; Disclosure of Information

Alabama § 32-7C-33

• Jurisdiction: Alabama
• Title 32: Motor Vehicles and Traffic
• Ch. 7C: Transportation Network Company and Drivers; Insurance Requirements
• Art. 2: Permit Requirements

Text

(a) A TNC shall maintain the following records:
(1) Individual trip records for at least two years from the date each trip was provided.
(2) Individual records of TNC drivers at least two years from the date on which a TNC driver’s relationship with the TNC ended.
(b) For the sole purpose of verifying that a TNC is in compliance with subsection (a) and Section 32-7C-29 and no more than annually, the commission may visually inspect a random sample of the records that the TNC is required to maintain pursuant to subsection (a). All samples shall include records sufficient to verify the TNC’s compliance with the background check requirements and standards set forth in Section 32-7C-29. The audit shall take place at a mutually agreed upon location in Montgomery, Alabama, or through a mutually agreed upon secure electronic process. Any record furnished to the commission may exclude information that would identify specific TNC drivers or riders, unless the commission demonstrates that there is good cause to inspect the identifying information.
(c) The governing body of a municipality that enacted a TNC ordinance prior to January 1, 2018, and permitted at least one TNC to operate prior to January 1, 2018, pursuant to the TNC ordinance, may request from the commission an analysis regarding a TNC’s compliance with Section 32-7C-29 as it applies to that municipality based on the audit performed by the commission pursuant to subsection (b). If the requested analysis reveals a TNC is not in compliance with Section 32-7C-29, the commission shall include that information in the analysis provided to the municipality and work in coordination with the governing body to bring the TNC into compliance. If no such audit analysis is available for a TNC from the prior one-year period at the time of the governing body’s request, the governing body that enacted a TNC ordinance prior to January 1, 2018, and permitted at least one TNC to operate prior to January 1, 2018, may request that the commission initiate an audit pursuant to subsection (b).
(d) In response to a specific complaint against a TNC driver or a TNC, the commission may inspect records held by the TNC pursuant to subsection (a) that are necessary to investigate and resolve the complaint. The inspection shall take place at a mutually agreed upon location in Montgomery, Alabama, or through a mutually agreed upon secure electronic process. Any record furnished to the commission may exclude information that would identify specific TNC drivers or riders, unless the identity of a driver or rider is relevant to the complaint.
(e) Any records, including any information contained therein that would identify specific TNC drivers or riders inspected by the commission under this section, are not public records and are not subject to disclosure to a third party by the commission without prior written consent of the TNC, and are exempt from disclosure under Section 36-12-40. Nothing in this section shall be construed as limiting the applicability of any other exemptions under Section 36-12-40, or the validity of any court order.
(f) No political subdivision of the state, including the commission, may disclose any records, data, or information provided by a TNC pursuant to this article to a third party absent a court order or subpoena. In the event that records, data, or information provided pursuant to this article is sought through a court order or subpoena, the commission or other political subdivision shall promptly notify the TNC to afford the TNC the opportunity to take actions to prevent disclosure.

Legislative History

(Act 2018-127, §14.)