Sec. 80.7. Criminal history background check

(a) Scope.

The TNC, or a third party on the TNC’s behalf, must conduct a criminal background check for all persons applying for a TNC permit. No person shall operate a TNC vehicle until such person is deemed qualified following such background check. Such background check shall be conducted on an annual basis for each TNC driver operating a TNC vehicle. On an annual basis shall mean no more than 12 months after the completion of the previous background check.

(b) Certification.

The TNC, or a third party on the TNC’s behalf, shall conduct the criminal background check for each applicant for a TNC permit in accordance with section 1696(1) of the Vehicle and Traffic Law. The TNC must maintain a record of each background check, subject to audit of the department, pursuant to section 80.8 of this Part, and certify to the department, in its application for a TNC license, that for each applicant for a TNC permit, and a renewal thereof, it has:

(1) checked the New York State sex offender registry and the United States Department of Justice national sex offender public website;

(2) the applicant’s driving record, which shall mean the driving abstract produced by the department;

(3) confirmed that the applicant’s vehicle or vehicles are validly registered and inspected, and that the vehicle is properly insured;

(4) confirmed that such driver is at least 19 years of age;

(5) has enrolled the TNC driver in the department’s License Event Notification Service (LENS) and, when enrolling a driver in LENS, the TNC must, in addition to the mandatory notifications set forth in section 1696(1)(d)(i) of the Vehicle and Traffic law, select the option upon enrollment in LENS that LENS notify the TNC if the driver’s license is suspended or revoked; and

(6) confirmed that the applicant is not disqualified for any of the offenses set forth in section 1699(2)(b) of the Vehicle and Traffic Law or for being on the New York State sex offender registry or United States Department of Justice national sex offender public website. Pursuant to subparagraphs (i) and (ii) of such section, the TNC shall review the applicant’s record for the past three years and seven years, respectively, from the date of application. If the applicant has been incarcerated during such three or seven year period due to the commission of an offense set forth in such section, the three or seven year look-back period shall be extended for an amount equal to the period of incarceration.

(c) Dispute of criminal history information.

If an applicant for a TNC driver’s permit wishes to dispute criminal conviction information, he or she may do so in accordance with procedures established by the Division of Criminal Justice Services.

(d) The TNC shall be responsible for all fees associated with the criminal history background check.

(e) The TNC shall maintain true and accurate records of the criminal history background check and maintain proof of compliance with the provisions of this section for a period of no less than six years.