NY Veh & Traf L § 1699 (2021)
2021 New York Laws VAT - Vehicle and Traffic Title 8 - Respective Powers of State and Local Authorities Article 44-B - Transportation Network Company Services 1699 - Criminal History Background Check of Transportation Network Company Drivers.

§  1699.  Criminal  history background check of transportation network company drivers. 1. A TNC shall conduct, or have a third party  conduct, a  criminal  history  background check using a lawful method approved by the department pursuant to paragraph (a)  of  subdivision  two  of  this section for persons applying to drive for such company.   2.  (a) The method used to conduct a criminal history background check pursuant to subdivision one of this  section  shall  be  established  in regulations  adopted  by  the  department  within  thirty  days  of  the effective date of this subdivision. To ensure safety of  the  passengers and  the  public  such  regulations  shall  establish the method used to conduct  such  background  checks  and  any  processes  and   operations necessary  to  complete  such  checks.  The  review  of criminal history information and determinations about whether  or  not  an  applicant  is issued  a  TNC  driver permit shall be controlled by paragraphs (b), (c) and (d) of this subdivision.  (b) An applicant shall be disqualified to receive a TNC driver  permit where he or she:  (i)  stands  convicted  in the last three years of: unlawful fleeing a police officer in a motor  vehicle  in  violation  of  sections  270.35, 270.30  or  270.25  of  the  penal law, reckless driving in violation of section twelve hundred twelve of this chapter, operating  while  license or  privilege  is  suspended  or  revoked  in  violation of section five hundred eleven of this chapter,  excluding  subdivision  seven  of  such section,  a misdemeanor offense of operating a motor vehicle while under the influence of alcohol or drugs in violation of section eleven hundred ninety-two of this chapter, or leaving  the  scene  of  an  accident  in violation  of subdivision two of section six hundred of this chapter. In calculating the three year period under this subparagraph, any period of time during which the person was incarcerated after  the  commission  of such  offense  shall  be  excluded  and  such three year period shall be extended by a period or periods equal to the time spent incarcerated;  (ii) stands convicted in the last seven years  of:  a  felony  offense defined  in  article one hundred twenty-five of the penal law, a violent felony offense defined in section 70.02 of the  penal  law,  a  class  A felony  offense  defined  in  the penal law, a felony offense defined in section eleven hundred ninety-two of this chapter, or any conviction  of an offense in any other jurisdiction that has all the essential elements of an offense listed in this subparagraph. In calculating the seven year period  under  this  subparagraph,  any  period of time during which the person was incarcerated after the commission of such  offense  shall  be excluded  and  such  seven  year period shall be extended by a period or periods equal to the time spent incarcerated; or  (iii) is required to register as a sex offender  pursuant  to  article six-C of the correction law.  (c)  A  criminal  history  record  that  contains  criminal conviction information  that  does  not  disqualify  an   applicant   pursuant   to subparagraphs (i) or (ii) of paragraph (b) of this subdivision, shall be reviewed   and   considered  according  to  the  provisions  of  article twenty-three-A of  the  correction  law  and  subdivisions  fifteen  and sixteen  of  section  two  hundred  ninety-six  of  the executive law in determining whether or not the applicant should be issued a TNC driver's permit.  (d) Upon receipt of criminal conviction information pursuant  to  this section  for  any  applicant,  such applicant shall promptly be provided with  a  copy  of  such  information  as  well  as  a  copy  of  article twenty-three-A  of  the  correction  law.  Such  applicant shall also be informed of his or  her  right  to  seek  correction  of  any  incorrect information  contained  in such criminal history information pursuant to  the regulations and procedures established by the division  of  criminal justice services.  (e)  The  department  shall  promulgate regulations for the purpose of implementing the provisions of this subdivision.   3. A TNC shall update the criminal  history  background  check  yearly during  the  period  in  which the person is authorized to drive for the company, however, the commissioner may require, pursuant to  regulation, more frequent criminal history background checks.   4.  To  ensure  safety of the passengers and the public a TNC shall be responsible for all fees associated  with  the  criminal  history  check pursuant to subdivision one of this section.   5.  Any  TNC  found  to  have  violated  any  requirements established pursuant to this section, shall on the first instance, be subject  to  a civil  penalty of not more than ten thousand dollars. For any subsequent instance within the period of two years from any initial violation, such TNC shall be subject to a civil penalty of not more than fifty  thousand dollars, or the suspension or revocation of its TNC license or both.