Current through Register Vol. 28, No. 3, September 1, 2024
5.1 A
TNC must obtain and review a driving history research report for each
prospective TNC driver.
5.1.1 A TNC must
check, at least annually, the driving record of every TNC driver in order to
verify that the TNC driver has not accrued any disqualifying moving violations
as described in this regulation.
5.2 Prior to approving a TNC driver to
provide TNC services, a TNC must conduct, or have a third party conduct, a
local, state and national criminal background check for each prospective TNC
driver that includes:
5.2.1
Multi-State/Multi-Jurisdiction Criminal Records Locator or other similar
commercial nationwide database with validation (primary source search);
and
5.2.2 U.S. Department of
Justice National Sex Offender Public Website.
5.3 A TNC must disqualify any prospective TNC
driver whose background check or driving history reveals that:
5.3.1 The individual is a match in the U.S.
Department of Justice National Sex Offender Public Website;
5.3.2 Within the last three years, the
prospective TNC driver has been convicted of or has pled guilty to any of the
following offenses, either under Delaware law or a substantially similar law of
another state or of the United States:
5.3.2.1 More than three moving
violations:
5.3.2.2 Driving while
license is suspended or revoked under 21 Del.C. §
2756;
5.3.2.3 Attempting to flee or elude a police
officer under 21 Del.C. §
4103;
5.3.2.4 Speeding 20 miles per hour or more
over the posted speed limit;
5.3.3 The prospective TNC driver has had his
or her license suspended, revoked, or disqualified in this State or any other
jurisdiction for moving violations during the preceding 3 years;
5.3.4 The prospective TNC driver has ever
been convicted of or has pled guilty to any of the following offenses, either
under Delaware law or a substantially similar law of another state or of the
United States:
5.3.4.1 An offense classified
as a Class A or violent Class B felony;
5.3.4.2 Any crime against a child;
5.3.4.3 Any crime constituting a felony
sexual offense;
5.3.4.4 Any crime
constituting a felony homicide, including, but not limited to, murder,
manslaughter and vehicular homicide;
5.3.5 Within the last seven years, the
prospective TNC driver has been convicted of or has pled guilty to any of the
following offenses, either under Delaware law or a substantially similar law of
another state or of the United States:
5.3.5.1 Driving under the influence under
21Del.C.
§§
4177,
4177J,
4177L, or 4177M;
5.3.5.2 Any crime constituting a felony
offense, including any crime constituting a felony offense against public
administration involving bribery, improper influence or abuse of
office;
5.3.5.3 A hit and run
offense under 21 Del.C., Ch. 42;
5.3.5.4 Driving over 100 mph; or
5.3.5.5 Reckless driving under 21Del.C.§
4175.
5.4 The indefinite review period described in
subsection 5.3 .4 shall only apply to prospective TNC drivers who reside in a
state where a consumer reporting agency may disclose criminal offense
convictions rendered at any time. For all other prospective TNC drivers, the
review period for the offenses described in subsection 5.3 .4 shall be
equivalent to the maximum time period for which convictions may be reviewed
under applicable state law.
5.5 A
TNC must on an annual basis verify that:
5.5.1 Each TNC driver's personal vehicle,
authorized for providing TNC services, is registered in Delaware, and it
required to pass a safety inspection for said registration; has a valid safety
inspection certificate or sticker issued by the Delaware Division of Motor
Vehicles; and
5.5.2 Each TNC
driver's personal vehicle with over 10,000 miles, authorized for providing TNC
services, and that is registered in another state; has passed a motor vehicle
safety inspection authorized or approved by a state governmental agency for
personal vehicles; provided that, the initial safety inspection for a personal
vehicle used by a new TNC driver may be conducted within 90 days of beginning
TNC services.
5.5.2.1 A copy of a TNC
driver's personal vehicle safety inspection shall be kept in the vehicle at all
times.
5.5.2.2 At a minimum the TNC
driver is responsible for maintaining his or her personal vehicle in accordance
with safety inspection requirements set forth in 21 Del.C. §
2143.
5.6 A TNC must implement a zero tolerance
policy regarding a TNC driver's activities while accessing the TNC's digital
network and/or providing TNC services.
5.6.1
The zero tolerance policy shall address the use of drugs or alcohol while a TNC
driver is providing TNC services or is logged into the TNC's digital network
but is not providing TNC Services, and the TNC shall provide notice of this
policy on its website, as well as procedures to report a complaint about a TNC
driver with whom a rider was matched and whom the rider reasonably suspects was
under the influence of drugs or alcohol during the course of the
trip.
5.6.2 Upon receipt of such
rider complaint alleging a violation of the zero tolerance policy, the TNC
shall immediately suspend such TNC driver's access to the TNC's digital
platform, and shall conduct an investigation into the reported incident. The
suspension shall last, at a minimum, the duration of the
investigation.
5.7 No
personal vehicle shall be driven recklessly, or so as to endanger life, limb,
or property. Extreme caution in the operation of motor vehicles shall be
exercised under hazardous conditions, such as snow, ice, sleet, fog, mist,
rain, dust, smoke, or any other condition, which adversely affects visibility
or traction.
5.8 No personal
vehicle shall be driven by a TNC driver while his/her ability or alertness is
so impaired through fatigue, illness, or any other cause, as to make it unsafe
for him/her to drive or to continue to drive a motor vehicle; nor shall he/she
be required or knowingly be permitted to drive while in such condition, except
in case of grave emergency where the hazard to passengers would be increased by
observance of the foregoing regulation.
5.9 No TNC driver may provide TNC services
while under the influence of intoxicating liquor or narcotic or habit producing
drugs, use drugs or drink while on duty any alcoholic liquor or beverage, nor
shall he/she knowingly be permitted to do so.
5.10 No TNC or TNC driver shall knowingly
permit the transportation of high explosives, acids, inflammable liquids,
loaded guns or any other article which will endanger life or limb, in any
personal vehicle used during the provision of TNC services. This provision
shall not apply to firearms carried by police officers or by members of the
armed forces while on duty or while en route to or from duty.
5.11 No TNC or TNC driver shall permit the
transportation of express or parcel freight to such an extent as will interfere
with the safety or reasonable comfort of riders.
