Current through Register 1527, August 2, 2024
Section 274.03 - Transportation Network Company Permit Process(1)TNC Permit General Requirements. (a) A TNC shall maintain a valid Permit in order to provide Services within the Commonwealth.(b) A TNC shall, in a manner that the Division prescribes, apply to the Division for a Permit and apply annually to renew its Permit. The Division shall not grant or renew a Permit unless it is consistent with the public interest for the TNC to render Services within the Commonwealth.(c) To obtain a Permit, a TNC shall submit the following to the Division: 1. Written verification of an established oversight process pursuant to 220 CMR 274.03(2);2. The proposed removable decal or trade dress that the TNC will issue to its Drivers pursuant to 220 CMR 274.08(1);3. The proposed document or means by which the TNC will use to obtain a Driver's consent for a background check pursuant to 220 CMR 274.06(1)(b);4. Documentation of the multi-state criminal and motor vehicle driving history database search by which the TNC shall conduct a nationwide background check pursuant to 220 CMR 274.06(2)(a);5. Proof of adequate insurance as certified by the Division of Insurance in accordance with M.G.L. c. 159A1/2 and M.G.L. c. 175, § 228;6. The proposed Driver Certificate that the TNC shall issue to its Drivers and make available within its Digital Network; and7. A Permit fee as determined by the Secretary of Administration and Finance pursuant to M.G.L. c. 159A1/2, § 3(e).(d) The Division may request additional information from a TNC to determine whether to issue or renew a Permit.(2)TNC Oversight Process. Consistent with the public interest of the Commonwealth, a TNC shall have an oversight process in place to: (a) Conduct Driver background checks in accordance with 220 CMR 274.06;(b) Ensure that Drivers comply with 220 CMR 274.07 and 220 CMR 274.09;(c) Maintain a 24-hour toll-free customer service hotline, online webpage, email system, and functionality within its Digital Network to respond to questions and complaints;(d) Ensure the security, protection and privacy of Driver and Rider personal information in accordance with M.G.L. c. 93H, 201 CMR 17.00: Standards for the Protection of Personal Information of Residents of the Commonwealth and 220 CMR 274.10;(e) Ensure that the TNC and its Drivers do not discriminate against Riders or potential Riders with special needs, disabilities or visual impairments, which shall include but not be limited to ensuring that there are no additional charges or increased fares and that wheelchairs and service animals are accommodated;(f) Comply with the insurance requirements of M.G.L. c. 175, § 228 and 220 CMR 274.09;(g) Ensure that its Drivers' Vehicle(s) are in compliance with M.G.L. c. 90, § 7A;(h) Ensure that its Digital Network displays a clear and conspicuous total cost and price structure of each Ride before the Ride commences;(i) Prohibit the use of excessive minimum or base rates;(j) Ensure that Drivers maintain a valid Driver Certificate; and(k) Maintain a real-time roster of Drivers who provide Services.Adopted by Mass Register Issue 1348, eff. 9/22/2017.Amended by Mass Register Issue 1350, eff. 9/22/2017.