                                 CODE OF VIRGINIA

RECORDKEEPING AND REPORTING REQUIREMENTS FOR TRANSPORTATION NETWORK COMPANIES
(§ 46.2-2099.53)

A. Records maintained by a transportation network company shall be adequate to
confirm compliance with subsection D of § 46.2-2099.48 and with §§
46.2-2099.49 and 46.2-2099.50 and shall at a minimum include:

   1. True and accurate results of each national criminal history records check
   for each individual that the transportation network company authorizes to act
   as a TNC partner;

   2. True and accurate results of the driving history research report for each
   individual that the transportation network company authorizes to act as a TNC
   partner;

   3. Driver&#8217;s license records of TNC partners, including records
   associated with participation in a driver record monitoring program;

   4. True and accurate results of the sex offender screening for each individual
   that the transportation network company authorizes to act as a TNC partner;

   5. Proof of compliance with the requirements enumerated in subdivisions A 1
   and 3 through 6 of &#xA7; 46.2-2099.50;

   6. Proof of compliance with the notice and disclosure requirements of
   subsection D of &#xA7; 46.2-2099.48 and subsections D and E of &#xA7;
   46.2-2099.49; and

   7. Proof that the transportation network company obtained certification from
   the TNC partner that the TNC partner secured the consent of each owner,
   lessor, and lessee of the vehicle for its registration as a TNC partner
   vehicle and for its use as a TNC partner vehicle by the TNC partner.
   				A transportation network company shall retain all records required under
   this subsection for a period of three years. Such records shall be retained in
   a manner that permits systematic retrieval and shall be made available to the
   Department in a format acceptable to the Commissioner for the purposes of
   conducting an audit on no more than an annual basis.

B. A transportation network company shall maintain the following records and
make them available, in an acceptable format, on request to the Commissioner, a
law-enforcement officer, an official of the Washington Metropolitan Area Transit
Commission, or an airport owner and operator to investigate and resolve a
complaint or respond to an incident:

   1. Data regarding TNC partner activity while logged into the digital platform,
   including beginning and ending times and locations of each prearranged ride;

   2. Records regarding any actions taken against a TNC partner;

   3. Contracts or agreements between the transportation network company and its
   TNC partners;

   4. Information identifying each TNC partner, including the TNC partner&#8217;s
   name, date of birth, and driver&#8217;s license number and the state issuing
   the license; and

   5. Information identifying each TNC partner vehicle the transportation network
   company has authorized, including the vehicle&#8217;s make, model, model year,
   vehicle identification number, and license plate number and the state issuing
   the license plate.
   				Requests for information pursuant to subdivision 2 or 3 shall be in
   writing.

C. Information obtained by the Department, law-enforcement officers, officials
of the Washington Metropolitan Area Transit Commission, or airport owners and
operators pursuant to this section shall be considered privileged information
and shall only be used by the Department, law-enforcement officers, officials of
the Washington Metropolitan Area Transit Commission, and airport owners and
operators for purposes specified in subsection A or B. Such information shall
not be subject to disclosure except on the written request of the Commissioner,
a law-enforcement officer, an official of the Washington Metropolitan Area
Transit Commission, or an airport owner and operator who requires such
information for the purposes specified in subsection A or B.

D. Except as provided in subsection C, information obtained by the Department,
law-enforcement officers, officials of the Washington Metropolitan Area Transit
Commission, or airport owners and operators pursuant to this section shall not
be disclosed to anyone without the transportation network company&#8217;s
express written permission and shall not be subject to disclosure through a
court order or through a third-party request submitted pursuant to the Virginia
Freedom of Information Act (&#xA7; 2.2-3700 et seq.). This provision shall not
be construed to mean that a person is denied the right to seek such information
directly from a transportation network company during a court proceeding.

E. Except as required under this section, a transportation network company shall
not disclose any personal information, as defined in § 2.2-3801, about a user
of its digital platform unless:

   1. The transportation network company obtains the user&#8217;s consent to
   disclose the personal information;

   2. The disclosure is necessary to comply with a legal obligation; or

   3. The disclosure is necessary to protect or defend the terms and conditions
   for use of the service or to investigate violations of the terms and
   conditions.
   				This limitation regarding disclosure does not apply to the disclosure of
   aggregated user data or to information about the user that is not personal
   information as defined in &#xA7; 2.2-3801.

HISTORY: 2015, cc. 2, 3.