NY Veh & Traf L § 1696 (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 1696 - Driver and Vehicle Requirements.

§  1696.  Driver  and  vehicle  requirements.  1. (a) At all times, an individual acting as a TNC driver shall  be  permitted  by  the  TNC  as follows:  (i) The individual shall submit an application to the TNC, which shall include information regarding his or her address, age, driver's license, motor  vehicle  registration,  automobile liability insurance, and other information required by the TNC;  (ii) The TNC shall conduct, or have a third party conduct, a  criminal background  check  for each applicant in accordance with section sixteen hundred ninety-nine of this article and that shall  review  whether  the applicant:  (A)  is listed on the New York state sex offender registry pursuant to article six-C of the correction law; and  (B) is a match in the United States Department of Justice National Sex Offender Public Website;  (iii) The TNC shall obtain and review, or have a  third  party  obtain and review, a driving history research report for such individual.  (b) The TNC shall not permit an applicant where such applicant:  (i)  fails  to  meet  all  qualifications  pursuant to section sixteen hundred ninety-nine of this article;  (ii) is a match in the United States Department  of  Justice  National Sex Offender Public Website;  (iii) is listed on the sex offender registry pursuant to article six-C of the correction law;  (iv) does not possess a valid New York driver's license;  (v) does not possess proof of registration for the motor vehicles used to provide TNC prearranged trips;  (vi)  does not possess proof of automobile liability insurance for the motor vehicles used to provide TNC prearranged trips as a  TNC  vehicle; or  (vii) is not at least nineteen years of age.  (c)  Upon  review  of all information received and retained by the TNC and upon verifying that the individual is not disqualified  pursuant  to this  section  from receiving a TNC driver permit, a TNC may issue a TNC driver permit to the applicant. The TNC  shall  review  all  information received  relating  to  such applicant and hold such information for six years along with  a  certification  that  such  applicant  qualifies  to receive a TNC driver permit.  (d)  (i)  A  TNC  that  issues  a TNC driver's permit pursuant to this section shall participate in the New  York  License  Event  Notification Service  (LENS)  established  by  the department to obtain timely notice when any of the following violations are added to a TNC driver's driving record:  (A) unlawfully  fleeing  a  police  officer  in  a  motor  vehicle  in violation of sections 270.25, 270.30 or 270.35 of the penal law;  (B)  reckless driving in violation of section one thousand two hundred twelve of this chapter;  (C) 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;  (D) operating a motor vehicle under the influence of alcohol or  drugs in  violation  of  section  one  thousand one hundred ninety-two of this chapter; and  (E) leaving the scene of an incident without reporting in violation of subdivision two of section six hundred of this chapter.  (ii) The department may promulgate regulations authorizing  additional LENS notifications as the commissioner deems necessary to protect public health and safety.  (iii)  Upon  such notice, a TNC may suspend or revoke any TNC driver's permit and  revoke  access  to  the  TNC  digital  network,  only  after considering  the  number  or  severity of any such violations, including such factors as required by this article for  obtaining  a  TNC  permit, when  necessary to protect public health and safety. If, however, such a notice provides that an applicant has been convicted of a  disqualifying crime  pursuant  to  section sixteen hundred ninety-nine of this article such TNC driver's access  to  the  TNC  digital  network  and  such  TNC driver's  permit  shall  both  immediately be suspended or revoked. Upon such revocation or suspension pursuant to this section,  the  TNC  shall provide  the  driver  with  a  copy of the LENS record used to make such determination.  (e) No person shall operate a TNC vehicle or operate as a  TNC  driver unless  such  person  holds a valid TNC driver permit issued pursuant to this  section.  A  violation  of  this  paragraph  shall  be  a  traffic infraction  punishable  by a fine of not less than seventy-five nor more than three hundred dollars, or by imprisonment for not more than fifteen days, or by both such fine and imprisonment.  (f) The names and identifying  information  of  TNC  drivers  provided pursuant  to  paragraph  (d)  of  this  subdivision  shall be considered information,  which  if  disclosed,  would  constitute  an   unwarranted invasion  of personal privacy under the provisions of article six of the public officers law.   2. A TNC shall implement  a  zero-tolerance  policy  regarding  a  TNC driver's  activities  while  accessing  the  TNC's digital network. Such policy shall  address  the  issue  of  operating  a  vehicle  under  the influence  of  alcohol  or  drugs  while  a  TNC driver is providing TNC prearranged trips or is logged onto the TNC's digital network but is not providing TNC prearranged trips, and the TNC  shall  provide  notice  of this  policy  on  its digital network, as well as procedures to report a complaint about a TNC driver  with  whom  a  TNC  prearranged  trip  was commenced  and  whom  the  passenger reasonably suspects was operating a vehicle under the influence of alcohol or drugs during the course of the TNC prearranged trip.   3. (a) A TNC shall adopt a policy of non-discrimination on  the  basis of destination, race, color, national origin, religious belief, practice or  affiliation,  sex,  disability,  age, sexual orientation, or genetic predisposition with respect to passengers and potential  passengers  and notify TNC drivers of such policy.  (b)  TNC  drivers  shall  comply  with  all  applicable laws regarding non-discrimination against passengers or  potential  passengers  on  the basis  of  destination,  race, color, national origin, religious belief, practice or affiliation, sex, disability, age,  sexual  orientation,  or genetic   predisposition   with  respect  to  passengers  and  potential passengers and notify TNC drivers of such policy.  (c) TNC drivers shall comply with  all  applicable  laws  relating  to accommodation of service animals.  (d)  A  TNC  shall  implement  and  maintain a policy and an oversight process of providing accessibility to passengers or potential passengers with a disability and accommodation of service animals as such  term  is defined  in  section  one  hundred twenty-three-b of the agriculture and markets  law  and  shall  to  the  extent  practicable  adopt   findings established  by  the New York state TNC accessibility task force adopted pursuant to section twenty-one  of  the  chapter  of  the  laws  of  two thousand  seventeen  that  added  this  section.  A TNC shall not impose additional charges for  providing  services  to  persons  with  physical disabilities because of those disabilities.  (e) The New York state division of human rights shall be authorized to accept,  review  and  investigate  any potential or actual violations of this subdivision in a form and manner consistent  with  authority  under article  fifteen  of  the executive law and shall notify the department, upon a finding of a violation, for purposes of permit suspension.   4.  A  TNC  shall  require  that  any or all motor vehicles that a TNC driver will use as a TNC vehicle to provide TNC prearranged trips  meets applicable  New York state vehicle safety and emissions requirements, as set forth in section three hundred one of this chapter, or  the  vehicle safety  and  emissions requirements of the state in which the vehicle is registered.   5. The department shall promulgate regulations to ensure that each TNC vehicle is easily identified as such and that the TNC for which the  TNC driver  is  providing  the  TNC  service  or  TNC  prearranged  trip  is distinguishable. Such marking shall be in such form as  is  approved  by the  commissioner,  and  shall be attached, affixed or displayed in such manner as he or she may prescribe by regulation.