                                 CODE OF VIRGINIA

REQUIREMENTS FOR TNC PARTNERS; MANDATORY BACKGROUND SCREENING; DRUG AND ALCOHOL
POLICY; MANDATORY DISCLOSURES TO TNC PARTNERS; DUTY OF TNC PARTNERS TO PROVIDE
UPDATED INFORMATION TO TRANSPORTATION NETWORK COMPANIES (§ 46.2-2099.49)

A. Before authorizing an individual to act as a TNC partner, a transportation
network company shall confirm that the person is at least 21 years old and
possesses a valid driver&#8217;s license.

B. 1. Before authorizing an individual to act as a TNC partner, and at least
once every two years after authorizing an individual to act as a TNC partner, a
transportation network company shall obtain a national criminal history records
check of that person. The background check shall include (i) a
Multi-State/Multi-Jurisdiction Criminal Records Database Search or a search of a
similar nationwide database with validation (primary source search) and (ii) a
search of the Sex Offender and Crimes Against Minors Registry and the U.S.
Department of Justice&#8217;s National Sex Offender Public Website. The person
conducting the background check shall be accredited by the National Association
of Professional Background Screeners or a comparable entity approved by the
Department.

   2. Before authorizing an individual to act as a TNC partner, and at least once
   annually after authorizing an individual to act as a TNC partner, a
   transportation network company shall obtain and review a driving history
   research report on that person from the individual&#8217;s state of licensure.

   3. Before authorizing an individual to act as a TNC partner, and at least once
   every two years after authorizing a person to act as a TNC partner, a
   transportation network company shall verify that the person is not listed on
   the Sex Offender and Crimes Against Minors Registry or on the U.S. Department
   of Justice&#8217;s National Sex Offender Public Website.

C. A transportation network company shall not authorize an individual to act as
a TNC partner if the criminal history records check required under subsection B
reveals that the individual:

   1. Is a person for whom registration with the Sex Offender and Crimes Against
   Minors Registry is required pursuant to Chapter 9 (&#xA7; 9.1-900 et seq.) of
   Title 9.1 or is listed on the U.S. Department of Justice&#8217;s National Sex
   Offender Public Website;

   2. Has ever been convicted of or has ever pled guilty or nolo contendere to a
   violent felony offense as listed in subsection C of &#xA7; 17.1-805, or a
   substantially similar law of another state or of the United States;

   3. Within the preceding seven years has been convicted of or has pled guilty
   or nolo contendere to any of the following offenses, either under Virginia law
   or a substantially similar law of another state or of the United States: (i)
   any felony offense other than those included in subdivision 2; (ii) an offense
   under &#xA7; 18.2-266, 18.2-266.1, 18.2-272, or 46.2-341.24; or (iii) any
   offense resulting in revocation of a driver&#8217;s license pursuant to &#xA7;
   46.2-389 or 46.2-391; or

   4. Within the preceding three years has been convicted of or has pled guilty
   or nolo contendere to any of the following offenses, either under Virginia law
   or a substantially similar law of another state or of the United States: (i)
   three or more moving violations; (ii) eluding a law-enforcement officer, as
   described in &#xA7; 46.2-817; (iii) reckless driving, as described in Article
   7 (&#xA7; 46.2-852 et seq.) of Chapter 8; (iv) operating a motor vehicle in
   violation of &#xA7; 46.2-301; or (v) refusing to submit to a chemical test to
   determine the alcohol or drug content of the person&#8217;s blood or breath,
   as described in &#xA7; 18.2-268.3 or 46.2-341.26:3.

D. A transportation network company shall employ a zero-tolerance policy with
respect to the use of drugs and alcohol by TNC partners and shall include a
notice concerning the policy on its website and associated digital platform.

E. A transportation network company shall make the following disclosures in
writing to a TNC partner or prospective TNC partner:

   1. The transportation network company shall disclose the liability insurance
   coverage and limits of liability that the transportation network company
   provides while the TNC partner uses a vehicle in connection with the
   transportation network company&#8217;s digital platform.

   2. The transportation network company shall disclose any physical damage
   coverage provided by the transportation network company for damage to the
   vehicle used by the TNC partner in connection with the transportation network
   company&#8217;s digital platform.

   3. The transportation network company shall disclose the uninsured motorist
   and underinsured motorist coverage and policy limits provided by the
   transportation network company while the TNC partner uses a vehicle in
   connection with the transportation network company&#8217;s digital platform
   and advise the TNC partner that the TNC partner&#8217;s personal automobile
   insurance policy may not provide uninsured motorist and underinsured motorist
   coverage when the TNC partner uses a vehicle in connection with a
   transportation network company&#8217;s digital platform.

   4. The transportation network company shall include the following disclosure
   prominently in writing to a TNC partner or prospective TNC partner: &#8220;If
   the vehicle that you plan to use to transport passengers for our
   transportation network company has a lien against it, you must notify the
   lienholder that you will be using the vehicle for transportation services that
   may violate the terms of your contract with the lienholder.&#8221;

F. A TNC partner shall inform each transportation network company that has
authorized him to act as a TNC partner of any event that may disqualify him from
continuing to act as a TNC partner, including any of the following: a change in
the registration status of the TNC partner vehicle; the revocation, suspension,
cancellation, or restriction of the TNC partner&#8217;s driver&#8217;s license;
a change in the insurance coverage of the TNC partner vehicle; a motor vehicle
moving violation; and a criminal arrest, plea, or conviction.

HISTORY: 2015, cc. 2, 3; 2017, c. 623.