2023 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.