CHAPTER 39-34 TRANSPORTATION COMPANY NETWORKS 39-34-01. Agent

The transportation network company must maintain a registered agent with the secretary of state for service of process in this state

39-34-02. Fare charged for services

The transportation network company shall provide passengers with the applicable rates being charged and the option to receive an estimated fare before the passenger enters the transportation network company driver's vehicle

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39-34-03. Transportation driver requirements

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Before permitting an individual to act as a transportation network company driver on its digital platform, the transportation network company shall: a. Require the individual to submit an application to the transportation network company, which includes information regarding the individual's address, age, driver's license, driving history, motor vehicle registration, automobile liability insurance, and other information required by the transportation network company; b. Conduct, or have a third party conduct, a local and national criminal background check for each applicant that must include: (1) Multistate and multijurisdiction criminal records locator or other similar commercial nationwide database with validation; and (2) National sex offender registry database; and c. Obtain and review a driving history research report for the individual

The transportation network company may not permit an individual to act as a transportation network company driver on its digital platform who: a. Has had more than three moving violations in the prior three-year period, or one major violation in the prior three-year period, including attempting to evade the police, reckless driving, or driving on a suspended or revoked license; b. Has been convicted, within the past seven years, of driving under the influence of drugs or alcohol, fraud, a sexual offense, use of a motor vehicle to commit a felony, a crime involving property damage, theft, an act of violence, or an act of terror; Is a match in the national sex offender registry database; c

d. Does not possess a valid driver's license; e. Does not possess proof of registration for the motor vehicle used to provide transportation network company services; f. Does not possess proof of automobile liability insurance for the motor vehicle used to provide transportation network company services; or Is not at least twenty-one years of age

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39-34-04. Personally identifiable information

A transportation network company may not disclose any personally identifiable information of a transportation network company passenger, except pursuant to the publicly disclosed terms of the transportation network company's privacy policy. For any other disclosure not governed by the privacy policy, the transportation network company must obtain the passenger's consent before the company may disclose the passenger's personally identifiable information

39-34-05. Transportation network company reporting requirements - Legislative management report - Penalty

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A transportation network company shall report the following information to the department of transportation on June fifteenth and December fifteenth of each year for the previous six calendar months: Page No. 1 a

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A list of political subdivisions in which the transportation network company operates; The number of accidents that were reported to the transportation network company during the passenger on-board stage; and The number and types of traffic violations and any other violations that were reported to the transportation network company during the passenger on-board stage

The department of transportation shall report the information collected from transportation network companies during each biennium to the legislative management

The department of transportation may impose a civil penalty of up to five hundred dollars for the failure of a transportation network company to report as required under this section. A transportation network company with two or more violations of this section may be prohibited by the department of transportation from operating within the state for one hundred eighty days from the date of the department's notification to the transportation network company

All civil penalties collected under this section must be deposited in the state highway fund

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39-34-06. Controlling authority

Notwithstanding any other provision of law, transportation network companies and transportation network company drivers are governed exclusively by this chapter, chapter 26.1-40.1, and any rules adopted consistent with this chapter and adopted by the insurance commissioner under chapter 26.1-40.1. A political subdivision may not impose a tax on, or require a license for, a transportation network company or a transportation network company driver or subject a transportation network company to the political subdivision's rate, entry, operational, or other requirements

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