N.J.S. § 39:5H-17 Criminal Background Checks For Drivers

• Library: New Jersey Permanent Statutes
• Edition: 2023
• Currency: Current through L. 2023, c. 171.
• Year: 2023
• Citation: N.J.S. § 39:5H-17

a.

(1) A transportation network company registered as a business in the State or operating in the State prior to the effective date of P.L. 2017, c. 26(C.39:5H-1 et seq.) shall have six months from the effective date of P.L. 2017, c. 26(C.39:5H-1 et seq.) to have the Attorney General approve the method that a transportation network company, or third party designated by the transportation network company, proposes to use to conduct a criminal background check for an applicant or driver.

If the Attorney General does not approve the method that a transportation network company registered as a business in the State or operating in the State prior to the effective date of P.L. 2017, c. 26(C.39:5H-1 et seq.), or third party designated by the transportation network company, proposes to use to conduct a criminal background check within six months of the effective date of P.L. 2017, c. 26(C.39:5H-1 et seq.), the transportation network company shall not permit an applicant to log on to its digital network as a driver or provide a prearranged ride as a driver until the applicant submits to a criminal history record background check pursuant to subsection e. of this section and the Division of State Police provides the transportation network company with information concerning the applicant's eligibility to be a driver pursuant to paragraph (3) of subsection e. of this section.

(2) A transportation network company that is not registered as a business in the State or operating in the State prior to the effective date of P.L. 2017, c. 26(C.39:5H-1 et seq.) shall not operate in the State prior to:

(a) the Attorney General approving, within six months of submission, the method that the transportation network company, or third party designated by the transportation network company, proposes to use to conduct a criminal background check; or

(b) the transportation network company's applicants submitting to a criminal history record background check pursuant to subsection e. of this section.

b. The Attorney General shall not approve a criminal background check conducted by a transportation network company, or a third party designated by the transportation network company, pursuant to subsection a. of this section unless the check includes a search of:

(1) a multi-state and multi-jurisdictional criminal records locator or other similar commercial nationwide database with validation; and

(2) the United States Department of Justice's Dru Sjodin National Sex Offender Public Website.