§ 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.