53 PA Cons Stat § 57A12 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 53 - MUNICIPALITIES GENERALLY|Chapter 57A - Transportation Network Companies|Section 57A12 - Transportation network company drivers

§ 57A12. Transportation network company drivers. (a) Separate licenses prohibited.--A separate license may not be required for a transportation network company driver affiliated with a transportation network company to provide transportation network service.  (b) Driver qualification requirements.-- (1) No transportation network company shall engage any person as a transportation network company driver unless the transportation network company ascertains that the person:  (i) possesses and has possessed a valid State driver's license or a valid driver's license of another state, district or territory of the United States for at least one year prior to applying to become a transportation network company driver;  (ii) is at least 21 years of age; (iii) has not had more than three moving violations or a major violation in the immediately preceding three-year period; and  (iv) has not had a limousine or taxi driver certificate suspended or revoked by the authority due to a regulatory violation within the five years immediately preceding his application to be a transportation network company driver. The authority shall make a list of all the drivers available to a transportation network company upon request. The suspension or revocation of a license by the authority because a driver was operating as a transportation network company driver prior to the effective date of this section shall not constitute grounds for disqualification under this subsection.  (2) (Reserved). (c) Background and driving history checks.-- (1) Prior to permitting a person to act as a transportation network company driver on its digital network, a transportation network company shall do all of the following:  (i) Conduct or have a third party conduct a local and national criminal background check for each driver applicant. The background check shall include a multistate or multijurisdictional criminal records locator or other similar commercial nationwide database with primary source search validation and a review of the United States Department of Justice National Sex Offender Public Website. The transportation network company shall disqualify an applicant convicted of certain crimes in accordance with the following:  (A) An applicant convicted of any of the following within the preceding seven years: (I) Driving under the influence of drugs or alcohol. (II) A felony conviction involving theft. (III) A felony conviction for fraud. (IV) A felony conviction for a violation of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act.  (B) An applicant convicted of any of the following within the preceding 10 years: (I) Use of a motor vehicle to commit a felony. (II) Burglary or robbery. (C) An applicant convicted of any of the following at any time: (I) A sexual offense under 42 Pa.C.S. § 9799.14(c) or (d) (relating to sexual offenses and tier system) or a similar offense under the laws of another jurisdiction or under a former law of this Commonwealth.  (II) A crime of violence as defined in 18 Pa.C.S. § 5702 (relating to definitions). (III) An act of terror. (ii) Obtain and review a driving history research report for the person from the Department of Transportation and other relevant sources. A person with more than three moving violations in the three-year period prior to the check or a major violation in the three-year period prior to the check may not be a transportation network company driver.  (2) Ascertain that all the requirements of this subsection are met before permitting a person to provide service as a transportation network company driver.  (d) Confirmation.--One year after engaging a transportation network company driver, and every second year thereafter, a transportation network company shall confirm that a transportation network company driver is still eligible to be a driver by verifying that the driver meets all of the requirements under this section, including the criminal background check and driving history check requirement under subsection (b), and shall keep records of the verification for a period of three years.  (e) Driver disqualification.-- (1) Notwithstanding any other provision of this title, the authority may issue an order disqualifying a person from being a driver for violation of this title or an order or regulation of the authority consistent with the due process procedures provided for under section 5705 (relating to contested complaints).  (2) The authority may adopt regulations to allow for the reinstatement of a driver following an appropriate disqualification period and compliance with any conditions imposed by the authority.  (3) The authority may give notice of the ineligibility of a person to act as a driver to all transportation network companies, as provided for by order or regulation.  (4) The authority may place a transportation network company driver or personal vehicle out of service prior to a final determination that the driver has violated this title or an order or regulation of the authority if the behavior of the individual or condition of the vehicle or equipment which violate this title or an order or regulation of the authority has an immediate and direct adverse impact upon the orderly operation of transportation network service in a city or presents a direct threat to public safety. An out-of-service designation under this paragraph will be narrowly tailored to create the most limited reduction of rights necessary to protect the public interest. The authority shall follow the procedures under 52 Pa. Code § 1003.32 (relating to out of service designation) for the process.    Cross References. Section 57A12 is referred to in sections 57A16, 57A18 of this title.