Amendment #23 to H4049
Certificate Amendment
Mr. Coppinger of Boston moves to amend the bill in SECTION 4, lines 125-126, by striking out the wording and inserting in place thereof the following:-
"Transportation Network Driver” or “Driver”, a driver approved by a transportation network company.
Mr. Coppinger moves to further amend the bill in SECTION 4, lines 127-128, by striking out the wording and inserting in place thereof the following:-
“Transportation Network Driver Certificate,” a certificate issued by the transportation network company to a transportation network driver pursuant to this chapter.
Mr. Coppinger moves to further amend the bill in SECTION 4, lines 220-259, by striking Section 4 in its entirety and inserting in place thereof the following:-
Section 4. (a) Any person who wishes to provide transportation network services in the commonwealth shall apply for a certificate to be issued by the transportation network company. No person shall provide transportation network services at any time without a valid transportation network driver certificate.
(b) At minimum, and subject to such other requirements as the division may establish by regulation, the transportation network company shall only issue or renew a transportation network driver certificate to an applicant after conducting a thorough review of the application to ensure that:
(1) the applicant is at least 21 years of age;
(2) the applicant has access to a vehicle that complies with all laws, rules, and regulations related to transportation network vehicles, including insurance requirements, and has provided notice to all insurers of said vehicle that the applicant intends to use the vehicle to provide transportation network services;
(3) the applicant does not appear on the National Sex Offender Registry;
(4) the applicant has not had a conviction in the past 7 years for any sex offense or violent crime as defined in section 133E of chapter 127, convicted for a crime under section 24 of chapter 90 or assigned to an alcohol or controlled substance education, treatment or rehabilitation by a court of the commonwealth or any other jurisdiction, or (c) for hit and run, resisting arrest, driving with a suspended or revoked license, felony robbery or felony fraud; and
(5) the applicant’s driving record, as maintained by the Merit Rating Board in accordance with section 57A of chapter 6C, does not contain more than three traffic violations, or any major traffic violation, as defined by the division of insurance, in the preceding three-year period.
(c) In addition to the review process set forth by regulation and in subsection (b), the transportation network company shall electronically submit identifying information regarding an applicant to the division, which shall obtain all available criminal offender record information as defined in section 167 of chapter 6, related to an applicant, as well as available sex offender registry information. Following a review of the pertinent records, the division shall determine whether the applicant has committed an offense that would disqualify the applicant from the provision of transportation network services, according to the criteria set forth in this section or any additional requirements established by the division, and shall notify the transportation network company electronically whether an applicant has been convicted of a disqualifying offense. If an applicant has been convicted of such an offense, the transportation network company shall disqualify the applicant. The division, any person or entity authorized by the division to perform the background check required by subsection (c), and a transportation network company performing the functions required by this section shall be exempt from the requirements contained in 803 CMR 2.00, 803 CMR 11.00, and section 52(a)(5) of chapter 93.
(d) The division shall enter into a memorandum of understanding (“MOU”) with each transportation network company for a background check that complies with subsection (c). The MOU shall include, but not be limited to, (i) the process for the electronic exchange of information on driver applicants to the division or other authorized entity, (ii) the process for transferring applicants’ electronic signatures to the division, and (iii) a maximum time period for review and reporting of disqualifying offenses.
(e) The transportation network company may issue an electronic transportation network driver certificate; provided, that each such certificate shall contain the name, address, and picture of the driver, and the license plate number of each vehicle used by the driver to provide transportation network services.
(f) The division shall recommend and the secretary of administration and finance shall establish, pursuant to section 3B of chapter 7, the cost associated with the division’s performing the functions required by section 4(c) of chapter 159A1/2. This cost shall be included in the assessment authorized by section 23(b) of chapter 25.
(g) A transportation network company shall not be required to comply with subsection (c) until the division establishes and implements the background check process required by subsection (c) and (d).
(h) The certification requirements set forth in subsection (b) and (c) shall apply to each renewal of a transportation network driver certificate.