815 R.I. Code R. 815-RICR-50-10-5.4

Current through December 3, 2024

Section 815-RICR-50-10-5.4 - Transportation Network Company Requirements for TNC Driver Background Checks

A. Prior to permitting an individual to accept trip requests through its digital network, a TNC shall:

1. Require the individual to submit an application to the TNC that includes the individual's name, address, age, driver's license number, photocopy or electronic copy of the driver's license, motor vehicle registration for the personal vehicle that the individual intends to use to provide prearranged rides, automobile liability insurance policy (with effective dates), and other information as may be required by the TNC.

2. Conduct, or have a third party accredited by the National Association of Professional Background Screeners (NAPBS) conduct a local and national criminal background check for each applicant that shall include:

a. multi-state/multi-jurisdictional criminal records locator or other similar commercial nationwide database with validation (primary source search); and

b. Dru Sjodin National Sex Offender Public Website; and

3. Obtain and review, or have a third party obtain and review, a driving history research report for such driving applicant.

B. The TNC shall certify to the Division that the background checks verify that the applicant meets the following criteria:

1. Has not had more than three (3) moving violations in the prior three (3) year period, or one of the following major violations in the prior three (3) year period:

a. attempting to evade the police;

b. reckless driving or driving on a suspended license; or

c. revoked license;

2. Has not, in the past seven (7) years, been convicted of or pleaded nolo contendere to any of the following:

a. driving under the influence of drugs or alcohol;

b. felony fraud;

c. sexual offenses;

d. use of a motor vehicle to commit a felony;

e. felony crimes involving property damage, and/or theft; or

f. acts of violence or felony acts of terror.

3. Is not a match in the Dru Sjodin National Sex Offender Public Website;

4. Possesses a valid driver's license;

5. Possesses proof of registration for the motor vehicle to be used to provide prearranged rides or TNC services;

6. Possesses proof of automobile liability insurance, which satisfies the financial responsibility requirement for a motor vehicle under R.I. Gen. Laws § 31-47-2(13)(i)(A), for the motor vehicle(s) to be used to provide prearranged rides or TNC services; and

7. Is at least nineteen (19) years of age.

C. The TNC shall certify to the Division that the applicant has satisfied the aforementioned background check criteria by providing the Division with an electronically-delivered weekly "drivers list" that verifies compliance and which provides the following details on each certified driver:

1. the driver's full name,

2. the plate number (and state) that will be displayed on the vehicle the driver plans to use to provide TNC services,

3. the driver's license number (and state), and

4. the date on which the driver is authorized to begin providing TNC services. Such records shall be treated by the Division as confidential and shall not be treated as public records.

D. The TNC shall conduct an annual background check on its TNC drivers and shall recertify to the Division on an annual basis that a TNC driver continues to satisfy all prescribed background check requirements.

815 R.I. Code R. 815-RICR-50-10-5.4