2016 North Dakota Century Code Title 39 Motor Vehicles Chapter 39-34 Transportation Company Networks
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CHAPTER 39-34
TRANSPORTATION COMPANY NETWORKS
39-34-01. Agent.
The transportation network company must maintain a registered agent with the secretary of
state for service of process in this state.
39-34-02. Fare charged for services.
The transportation network company shall provide passengers with the applicable rates
being charged and the option to receive an estimated fare before the passenger enters the
transportation network company driver's vehicle.
39-34-03. Transportation driver requirements.
1. Before permitting an individual to act as a transportation network company driver on its
digital platform, the transportation network company shall:
a. Require the individual to submit an application to the transportation network
company, which includes information regarding the individual's address, age,
driver's license, driving history, motor vehicle registration, automobile liability
insurance, and other information required by the transportation network company;
b. Conduct, or have a third party conduct, a local and national criminal background
check for each applicant that must include:
(1) Multistate and multijurisdiction criminal records locator or other similar
commercial nationwide database with validation; and
(2) National sex offender registry database; and
c. Obtain and review a driving history research report for the individual.
2. The transportation network company may not permit an individual to act as a
transportation network company driver on its digital platform who:
a. Has had more than three moving violations in the prior three-year period, or one
major violation in the prior three-year period, including attempting to evade the
police, reckless driving, or driving on a suspended or revoked license;
b. Has been convicted, within the past seven years, of driving under the influence of
drugs or alcohol, fraud, a sexual offense, use of a motor vehicle to commit a
felony, a crime involving property damage, theft, an act of violence, or an act of
terror;
c. Is a match in the national sex offender registry database;
d. Does not possess a valid driver's license;
e. Does not possess proof of registration for the motor vehicle used to provide
transportation network company services;
f. Does not possess proof of automobile liability insurance for the motor vehicle
used to provide transportation network company services; or
g. Is not at least twenty-one years of age.
39-34-04. Personally identifiable information.
A transportation network company may not disclose any personally identifiable information
of a transportation network company passenger, except pursuant to the publicly disclosed terms
of the transportation network company's privacy policy. For any other disclosure not governed
by the privacy policy, the transportation network company must obtain the passenger's consent
before the company may disclose the passenger's personally identifiable information.
39-34-05. Transportation network company reporting requirements - Legislative
management report - Penalty.
1. A transportation network company shall report the following information to the
department of transportation on June fifteenth and December fifteenth of each year for
the previous six calendar months:
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a.
2.
3.
4.
A list of political subdivisions in which the transportation network company
operates;
b. The number of accidents that were reported to the transportation network
company during the passenger on-board stage; and
c. The number and types of traffic violations and any other violations that were
reported to the transportation network company during the passenger on-board
stage.
The department of transportation shall report the information collected from
transportation network companies during each biennium to the legislative
management.
The department of transportation may impose a civil penalty of up to five hundred
dollars for the failure of a transportation network company to report as required under
this section. A transportation network company with two or more violations of this
section may be prohibited by the department of transportation from operating within
the state for one hundred eighty days from the date of the department's notification to
the transportation network company.
All civil penalties collected under this section must be deposited in the state highway
fund.
39-34-06. Controlling authority.
Notwithstanding any other provision of law, transportation network companies and
transportation network company drivers are governed exclusively by this chapter and chapter
26.1-40.1 and any rules adopted consistent with this chapter and by the insurance
commissioner under chapter 26.1-40.1. A political subdivision may not impose a tax on, or
require a license for, a transportation network company or a transportation network company
driver or subject a transportation network company to the political subdivision's rate, entry,
operational, or other requirements. A political subdivision may prohibit a transportation network
company from operating without a state permit within the jurisdiction of the political subdivision.
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