Section 2604.1 - Licensure requirements(a) Application.--An application for a license under this chapter must be made to the commission in writing, be verified by oath or affirmation of an officer of the applicant and be in a form and contain information required by the commission, including the following: (1) Proof that the transportation network company is registered with the Department of State to do business in this Commonwealth.(2) Proof that the transportation network company maintains a registered agent in this Commonwealth.(3) Proof that the transportation network company maintains a website that includes the information required under subsection (b)(10).(4) Proof that the transportation network company has secured the insurance policies required under and otherwise complied with section 2603.1 (relating to financial responsibility requirements) in the form of a certificate of insurance.(5) A license shall be issued to a transportation network company applicant if the commission determines that the applicant will comply with this chapter and any conditions imposed by the commission and meets all the requirements of subsection (b). The commission may impose conditions that are reasonably related to a licensee's obligations as set forth in this chapter.(6) Proof that the transportation network company meets all the requirements of subsection (b).(b)Requirements.--An applicant seeking a license under this section must do all of the following as a condition of receipt and maintenance of a license: (1) Establish and maintain the following: (i) An agent for service of process in this Commonwealth. (ii) Records required under this chapter and make them available for inspection by the commission, at a location within this commonwealth or electronically, upon request as necessary for the commission to investigate complaints.(2) Maintain accurate records of each transportation network company driver providing transportation network services and the vehicles used to provide the service for no less than three years or for another period as determined by the commission. Records retained under this paragraph must include:(i) proof of valid personal automobile insurance.(ii) Criminal history records checks.(iii) Driving history reports.(iv) Copies of valid driver's licenses for each driver and vehicle registration and proof of vehicle inspections for all personal vehicles affiliated with the transportation network company.(v) Records of consumer complaints.(vi) Records of suspension or deactivation of drivers.(vii) Records of disclosures required to be provided to drivers under this chapter.(3) Maintain vehicle records, including the make, model and license plate number of each personal vehicle used by a transportation network company driver to provide transportation network service.(4) Implement a zero-tolerance policy on the use of drugs or alcohol while a transportation network company driver provides transportation network service. A transportation network company driver who is the subject of a reasonable passenger complaint alleging a violation of the zero-tolerance policy shall be immediately suspended. The suspension shall last until the time the complaint investigation is complete. The following information shall be provided on a transportation network company's publicly accessible Internet website:(i) Notice of the zero-tolerance policy.(ii) Procedures to report a complaint about a transportation network company driver with whom the passenger was matched and whom the passenger reasonably suspects was under the influence of drugs or alcohol during the course of the ride.(5) Prior to permitting a person to act as a transportation network company driver on its digital network, a transportation network company shall do all of the following: (i) Conduct or have a third party conduct a local and national criminal background check for each driver applicant. The background check shall include a multistate or multijurisdictional criminal records locator or other similar commercial nationwide database with primary source search validation and a review of the United States Department of Justice national sex offender public website. The transportation network company shall disqualify an applicant convicted of certain crimes in accordance with the following:(A) An applicant convicted of any of the following within the preceding seven years:(I) Driving under the influence of drugs or alcohol.(II) A felony conviction involving theft.(III) A Felony conviction for fraud.(IV) A felony conviction for a violation of the Act of April 14, 1972 ( P.L. 233, No. 64), known as the Controlled Substance, Drug, Device and Cosmetic Act.(B) An applicant convicted of any of the following within the preceding 10 years:(i) Use of a motor vehicle to commit a felony.(ii) Burglary or robbery.(C) An applicant convicted of any of the following at any time:(i) A sexual offense under 42 Pa. C.S. § 9799.14(c) or (d) (relating to sexual offenses and tier system) or similar offense under the laws of another jurisdiction or under a former law of this commonwealth.(ii) A crime of violence as defined in 18 Pa. C.S. § 5702 (relating to definitions).(ii) Obtain and review a driving history research report for the person from the Department of Transportation and other relevant sources. A person with more than three moving violations in the three-year period prior to the check or a major violation in the three-year period prior to the check may not be a transportation network company driver.(iii) One year after engaging a transportation network company driver and every second year thereafter, conduct the criminal background and driving history checks required by this subsection and verify that a transportation network company driver continues to be eligible to be a driver.(7) Establish and provide, in writing or electronically, driver training program materials designed to ensure that each driver understands safety and driving requirements while logged on to a digital network or providing a prearranged ride. Driver program materials shall contain information related to providing service to people with disabilities. Drivers shall be required to acknowledge receipt of program materials.(8) Display, on the digital network, a picture of the transportation network company driver and a description of the individual's vehicle used in providing transportation network service, including the make, model and license plate number of the vehicle.(9) Maintain insurance as required under section 2603.1 as memorialized by the filing of the appropriate certificates of insurance with the commission.(10) Establish and maintain a publicly accessible Internet website that provides: (I) At least two of the following: (A) A customer service telephone number.(D) Any other communication method that allows a person to communicate directly with the customer service department of a transportation network company. (ii) The telephone number to file a consumer complaint with the commission and the commission's internet website address.(11) Comply with the commission's regulations and orders regarding the reporting of motor carrier accidents for any accidents involving a personal vehicle. Accident reports shall be maintained for a period of three years from the date of the accident.(12) Maintain verifiable records regarding its operations and obligations under this chapter for a minimum period of three years or as may be required by the commission by regulation or order.(13) Provide written notice to a driver of the scope and levels of insurance coverage required under section 2603.1.(14) Provide to transportation network company drivers a placard or decal for the vehicle that has been approved by the commission. The decal shall be displayed at any time the driver is logged ON TO the digital network or is providing a prearranged ride under this chapter.Added by P.L. TBD 2016 No. 164, § 5, eff. 11/4/2016.