(a) Before allowing an individual to accept trip requests through a TNC's digital platform: (1) The individual shall submit to the TNC information or documents from which a TNC can verify that the individual satisfies the requirements set forth in paragraphs (b)(5)-(8) of this section. (2) The TNC shall conduct, or have a third party conduct, a local and national criminal background check for each applicant that shall include: a. Multi-state/multi-jurisdiction criminal records locator or other similar commercial nationwide database with validation (primary source search); and b. U.S. Department of Justice National Sex Offender Public Website; (3) The TNC shall review, or have a third-party review, a driving history research report for such individual. (b) The TNC must disqualify any prospective TNC driver whose background check or driving history reveals that the TNC driver: (1) Within the prior 3-year period was convicted of: a. More than 3 moving violations; b. Driving while license is suspended or revoked under § 2756 of Title 21; c. Attempting to flee or elude a police officer under § 4103 of Title 21; or d. Offenses which caused the TNC driver's license to be suspended, revoked, or disqualified for moving violations. (2) Has been convicted, within the past 7 years, of: a. Any felony; or b. Misdemeanor driving under the influence, reckless driving or hit and run, or any misdemeanor violent offense or sexual offense; or c. Speeding more than 100 miles per hour. (3) Has ever been convicted, within the maximum allowable time period for which convictions may be reviewed under applicable state law, of: a. An offense classified as a class A or violent class B felony; b. Any crime against a child; c. Any crime constituting a felony sexual offense; d. Any crime constituting a felony homicide, including, but not limited to, murder, manslaughter, and vehicular homicide; (4) Is a match in the U.S. Department of Justice National Sex Offender Public Website; (5) Does not possess a valid driver's license; (6) Does not possess proof of registration for the motor vehicle or vehicles used to provide prearranged rides; (7) Does not possess proof of automobile liability insurance for the motor vehicle or vehicles used to provide prearranged rides; or (8) Is not at least 18 years of age. (c) A TNC or a third party must check, at least annually, the driving record of every TNC driver operating on the TNC's platform in order to verify that the TNC driver has not accrued any moving violations that would require disqualification under paragraph (b)(1) of this section.
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