39:5H-25 Maintenance of records.

25. a. Notwithstanding any other provision of law, a transportation network company shall maintain the following records: (1) individual prearranged ride records for at least six years following the date of the prearranged ride; and (2) individual records of each transportation network company driver, including, but not limited to, any records provided to the transportation network company pursuant to sections 16 through 19 of P.L.2017, c.26 (C.39:5H-16 through C.39:5H-19), for at least five years after the driver terminates status as a transportation network company driver.

b. The New Jersey Motor Vehicle Commission or the Division of Consumer Affairs in the Department of Law and Public Safety may inspect records held by the transportation network company necessary to investigate and resolve a specific complaint filed against a transportation network company driver if the commission or division provides a written request for the records and a basis for the request. A record provided to the commission or division pursuant to this section may exclude information that tends to identify specific drivers or transportation network company riders, unless the identity of the driver or rider is relevant to the complaint.

c. The commission or division may require transportation network company records maintained in-State or out-of-State to be available to the commission or division within 14 business days of the commission's or division's request to inspect records to investigate and resolve a complaint pursuant to subsection b. of this section. The transportation network company may request an extension if the 14 business day deadline imposes an undue burden upon the transportation network company.

In the event of exigent circumstances, the commission or division may require a transportation network company to make its records available before 14 business days from the time of the commission's or division's request if receipt of the records before 14 business days is reasonably necessary under the circumstances for the investigation or resolution of a complaint pursuant to subsection b. of this section.

d. For the purpose of verifying that a transportation network company is in compliance with the requirements of P.L.2017, c.26 (C.39:5H-1 et seq.) or to assure the integrity and performance of a transportation network company or a transportation network company driver, the commission, division, or an authorized representative may inspect transportation network company records including all books, records, documents, papers, reports, or data relating to the operation of a transportation network company, in whatever form kept, including, but not limited to, records required to be maintained by a transportation network company pursuant to subsection a. of this section. The inspection shall take place at a mutually agreed upon location in the State. Any record provided to the commission, division, or authorized representative may exclude information that tends to identify specific drivers or riders.

e. Any records inspected by the commission, division, or authorized representative under this section, shall be deemed confidential, shall not be disclosed to a third party except with the prior written consent of the transportation network company, and shall not be considered a government record pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.), P.L.2001, c.404 (C.47:1A-5 et al.), or the common law concerning access to government records. Nothing in this section shall be construed as limiting the applicability of any other exemptions under P.L.1963, c.73 (C.47:1A-1 et seq.) or P.L.2001, c.404 (C.47:1A-5 et al.).

f. A transportation network company's failure to comply with the provisions of this section or permit the commission or division on the transportation network company's premises during regular business hours to conduct investigations or reviews shall be cause for suspension or revocation of the permit issued by the commission to operate as a transportation network company pursuant to section 4 of P.L.2017, c.26 (C.39:5H-4), or any other fine, penalty, or enforcement action as determined by the commission or division. The commission's or division's investigation or review of the transportation network company may include, but shall not be limited to, discussions with customers and transportation network company drivers, examination of motor vehicle records, questioning of employees, and the use of other investigatory techniques as may be necessary for the enforcement of this section and regulations adopted by the commission or division.

g. The commission and division shall enter into a memorandum of understanding to effectuate the authority granted to the commission and division pursuant to this section.

L.2017, c.26, s.25.