1. (a) Before allowing an individual to accept trip requests through a TNC’s digital network as a TNC driver, all of the following must occur:

   1. (1) The individual shall submit an application to the TNC that includes information regarding his or her address, age, driver’s license, motor vehicle registration, and other information required by the TNC.

   2. (2) The TNC shall conduct, or have a third party conduct, a local and national criminal background check for each applicant that shall include a review of the following:

      1. a. A multistate or multi-jurisdiction criminal records locator or other similar commercial nationwide database with validation (primary source search).
      2. b. The United States Department of Justice National Sex Offender Public Website.
   3. (3) The TNC shall obtain and review, or have a third party obtain and review, a driving history report of each applicant.

2. (b) The TNC may not permit an individual to act as a TNC driver on its digital network who:

   1. (1) Has had more than three moving violations in the prior three-year period, or one of the following major violations in the prior three-year period:

      1. a. Fleeing or attempting to elude a law enforcement officer.
      2. b. Reckless driving.
      3. c. Driving with a suspended or revoked license.

   2. (2) Has been convicted, within the past seven years, of any of the following:

      1. a. A felony.
      2. b. Misdemeanor driving under the influence, reckless driving, hit and run, or any other misdemeanor violent offense or sexual battery.
   3. (3) Is a match in the United States Department of Justice National Sex Offender Public Website.
   4. (4) Does not possess a valid driver’s license.
   5. (5) Does not possess proof of registration for the motor vehicle or vehicles the applicant intends to use to provide prearranged rides.
   6. (6) Does not maintain proof of or does not possess automobile insurance required under Article 1 of this chapter.
   7. (7) Is under the age of 19 years.

3. (c)

   1. (1) Any individual who impersonates a TNC driver without having met the requirements of this section is guilty of a Class C misdemeanor.
   2. (2) If an individual unlawfully impersonates a TNC driver under subdivision (1) while committing a felony, the unlawful impersonation may be an aggravating factor under Section 12-25-34.2, for sentencing purposes.

(Act 2018-127, §10.)