§ 1696 — Driver and vehicle requirements

§ 1696. Driver and vehicle requirements. 1. (a) At all times, an\nindividual acting as a TNC driver shall be permitted by the TNC as\nfollows:\n (i) The individual shall submit an application to the TNC, which shall\ninclude information regarding his or her address, age, driver's license,\nmotor vehicle registration, automobile liability insurance, and other\ninformation required by the TNC;\n (ii) The TNC shall conduct, or have a third party conduct, a criminal\nbackground check for each applicant in accordance with section sixteen\nhundred ninety-nine of this article and that shall review whether the\napplicant:\n (A) is listed on the New York state sex offender registry pursuant to\narticle six-C of the correction law; and\n (B) is a match in the United States Department of Justice National Sex\nOffender Public Website;\n (iii) The TNC shall obtain and review, or have a third party obtain\nand review, a driving history research report for such individual.\n (b) The TNC shall not permit an applicant where such applicant:\n (i) fails to meet all qualifications pursuant to section sixteen\nhundred ninety-nine of this article;\n (ii) is a match in the United States Department of Justice National\nSex Offender Public Website;\n (iii) is listed on the sex offender registry pursuant to article six-C\nof the correction law;\n (iv) does not possess a valid New York driver's license;\n (v) does not possess proof of registration for the motor vehicles used\nto provide TNC prearranged trips;\n (vi) does not possess proof of automobile liability insurance for the\nmotor vehicles used to provide TNC prearranged trips as a TNC vehicle;\nor\n (vii) is not at least nineteen years of age.\n (c) Upon review of all information received and retained by the TNC\nand upon verifying that the individual is not disqualified pursuant to\nthis section from receiving a TNC driver permit, a TNC may issue a TNC\ndriver permit to the applicant. The TNC shall review all information\nreceived relating to such applicant and hold such information for six\nyears along with a certification that such applicant qualifies to\nreceive a TNC driver permit.\n (d) (i) A TNC that issues a TNC driver's permit pursuant to this\nsection shall participate in the New York License Event Notification\nService (LENS) established by the department to obtain timely notice\nwhen any of the following violations are added to a TNC driver's driving\nrecord:\n (A) unlawfully fleeing a police officer in a motor vehicle in\nviolation of sections 270.25, 270.30 or 270.35 of the penal law;\n (B) reckless driving in violation of section one thousand two hundred\ntwelve of this chapter;\n (C) operating while license or privilege is suspended or revoked in\nviolation of section five hundred eleven of this chapter, excluding\nsubdivision seven of such section;\n (D) operating a motor vehicle under the influence of alcohol or drugs\nin violation of section one thousand one hundred ninety-two of this\nchapter; and\n (E) leaving the scene of an incident without reporting in violation of\nsubdivision two of section six hundred of this chapter.\n (ii) The department may promulgate regulations authorizing additional\nLENS notifications as the commissioner deems necessary to protect public\nhealth and safety.\n (iii) Upon such notice, a TNC may suspend or revoke any TNC driver's\npermit and revoke access to the TNC digital network, only after\nconsidering the number or severity of any such violations, including\nsuch factors as required by this article for obtaining a TNC permit,\nwhen necessary to protect public health and safety. If, however, such a\nnotice provides that an applicant has been convicted of a disqualifying\ncrime pursuant to section sixteen hundred ninety-nine of this article\nsuch TNC driver's access to the TNC digital network and such TNC\ndriver's permit shall both immediately be suspended or revoked. Upon\nsuch revocation or suspension pursuant to this section, the TNC shall\nprovide the driver with a copy of the LENS record used to make such\ndetermination.\n (e) No person shall operate a TNC vehicle or operate as a TNC driver\nunless such person holds a valid TNC driver permit issued pursuant to\nthis section. A violation of this paragraph shall be a traffic\ninfraction punishable by a fine of not less than seventy-five nor more\nthan three hundred dollars, or by imprisonment for not more than fifteen\ndays, or by both such fine and imprisonment.\n (f) The names and identifying information of TNC drivers provided\npursuant to paragraph (d) of this subdivision shall be considered\ninformation, which if disclosed, would constitute an unwarranted\ninvasion of personal privacy under the provisions of article six of the\npublic officers law.\n 2. A TNC shall implement a zero-tolerance policy regarding a TNC\ndriver's activities while accessing the TNC's digital network. Such\npolicy shall address the issue of operating a vehicle under the\ninfluence of alcohol or drugs while a TNC driver is providing TNC\nprearranged trips or is logged onto the TNC's digital network but is not\nproviding TNC prearranged trips, and the TNC shall provide notice of\nthis policy on its digital network, as well as procedures to report a\ncomplaint about a TNC driver with whom a TNC prearranged trip was\ncommenced and whom the passenger reasonably suspects was operating a\nvehicle under the influence of alcohol or drugs during the course of the\nTNC prearranged trip.\n 3. (a) A TNC shall adopt a policy of non-discrimination on the basis\nof destination, race, color, national origin, religious belief, practice\nor affiliation, sex, disability, age, sexual orientation, or genetic\npredisposition with respect to passengers and potential passengers and\nnotify TNC drivers of such policy.\n (b) TNC drivers shall comply with all applicable laws regarding\nnon-discrimination against passengers or potential passengers on the\nbasis of destination, race, color, national origin, religious belief,\npractice or affiliation, sex, disability, age, sexual orientation, or\ngenetic predisposition with respect to passengers and potential\npassengers and notify TNC drivers of such policy.\n (c) TNC drivers shall comply with all applicable laws relating to\naccommodation of service animals.\n (d) A TNC shall implement and maintain a policy and an oversight\nprocess of providing accessibility to passengers or potential passengers\nwith a disability and accommodation of service animals as such term is\ndefined in section one hundred twenty-three-b of the agriculture and\nmarkets law and shall to the extent practicable adopt findings\nestablished by the New York state TNC accessibility task force adopted\npursuant to section twenty-one of the chapter of the laws of two\nthousand seventeen that added this section. A TNC shall not impose\nadditional charges for providing services to persons with physical\ndisabilities because of those disabilities.\n (e) The New York state division of human rights shall be authorized to\naccept, review and investigate any potential or actual violations of\nthis subdivision in a form and manner consistent with authority under\narticle fifteen of the executive law and shall notify the department,\nupon a finding of a violation, for purposes of permit suspension.\n 4. A TNC shall require that any or all motor vehicles that a TNC\ndriver will use as a TNC vehicle to provide TNC prearranged trips meets\napplicable New York state vehicle safety and emissions requirements, as\nset forth in section three hundred one of this chapter, or the vehicle\nsafety and emissions requirements of the state in which the vehicle is\nregistered.\n 5. The department shall promulgate regulations to ensure that each TNC\nvehicle is easily identified as such and that the TNC for which the TNC\ndriver is providing the TNC service or TNC prearranged trip is\ndistinguishable. Such marking shall be in such form as is approved by\nthe commissioner, and shall be attached, affixed or displayed in such\nmanner as he or she may prescribe by regulation.\n