N.Y. Vehicle & Traffic Law § 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.