Code of Massachusetts Regulations
220 CMR - DEPARTMENT OF PUBLIC UTILITIES
Title 220 CMR 274.00 - Transportation Network Companies
Section 274.06 - Transportation Network Driver Background Check

Universal Citation: 220 MA Code of Regs 220.274

Current through Register 1531, September 27, 2024

(1) Driver Background Check Process.

(a) To provide Services, each Driver must successfully complete a two-part background check in accordance with 220 CMR 274.21. First, a TNC shall complete a background check pursuant to 220 CMR 274.06(2) and second, the Division shall complete a background check pursuant to 220 CMR 274.06(3).

(b) Prior to the Division's background check, a TNC shall obtain a Driver's consent, consistent with 803 CMR 2.00: Criminal Offender Record Information (CORI), for the Division to conduct a background check.

(c) After obtaining consent to conduct a Driver background check, a TNC shall submit its Driver roster to the Division, which shall include the following Driver information:
1. Legal first name;

2. Legal middle name (if known);

3. Legal last name;

4. Former name(s) (if known);

5. Current address (if known);

6. Place of birth (city and state) (if known);

7. Driver's license number;

8. Driver's license state;

9. Date of birth;

10. Last six digits of social security number;

11. Electronic mail address; and

12. A Driver's consent, consistent with 803 CMR 2.00: Criminal Offender Record Information (CORI), to conduct a background check.

(d) If the two-part background check does not reveal a condition provided for pursuant to 220 CMR 274.21, the Division shall issue a Clearance Certificate to the Driver and to each relevant TNC.

(2) TNC Background Check.

(a) A TNC shall conduct a nationwide background check for each Driver, which shall, at a minimum, include a review of the following:
1. Multi-state criminal history database;

2. Multi-state motor vehicle driving history database; and

3. U.S. Department of Justice National Sex Offender Public website.

(b) A TNC shall conduct the nationwide background check for each Driver not less than once every six months.

(c) In addition to the requirements of 220 CMR 274.06(2), nothing shall prohibit a TNC from maintaining internal Driver suitability requirements.

(d) If a TNC learns of and verifies a Driver's arrest for a crime or a citation for a driving infraction that would disqualify a Driver pursuant to 220 CMR 274.21 from providing Services, the TNC shall immediately suspend or revoke the Driver Certificate and notify both the Driver and the Division immediately.

(e) Upon the suspension or revocation of a Driver Certificate or Clearance Certificate in accordance with 220 CMR 274.06(2)(d) or (3)(d), a TNC shall promptly bar access to its Digital Network by the individual whose name appears on the suspended or revoked Driver Certificate or Clearance Certificate.

(3) Division Background Check.

(a) The Division shall conduct a Driver background check based on information that the Division receives from the Department of Criminal Justice Information Services, Sex Offender Registry Board, Warrant Management System, Registry of Motor Vehicles, and other reliable sources. The Division shall determine whether the background check reveals any condition pursuant to 220 CMR 274.21.

(b) If a Driver has a disqualifying condition pursuant to 220 CMR 274.21, the Division shall issue a negative determination of suitability to the Driver and relevant TNC(s) stating the reasons therefor.

(c) The Division shall issue a Clearance Certificate to a Driver that has not been disqualified pursuant to 220 CMR 274.06(2) or (3).

(d) If the Division learns of and verifies a Driver's arrest for a crime or a Driver's citation for a driving infraction that would render the Driver unsuitable to provide Services pursuant to 220 CMR 274.21, the Division shall immediately suspend or revoke the Driver's Clearance Certificate and notify the relevant TNC(s). After having been so notified, the TNC shall immediately suspend or revoke the Driver Certificate until the Division determines otherwise.

(e) The Division shall conduct the background check pursuant to 220 CMR 274.06(3) not less than once annually.

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