N.Y. Vehicle & Traffic Law § 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.