28-9507. Vehicles for hire; criminal background checks; vehicle safety records; zero-tolerance policy; drug and alcohol use by driver; passenger complaints

A. A vehicle for hire company that is issued a permit by the department shall have available for inspection at all times by the department written evidence of a criminal background check conducted for any driver operating a vehicle for hire for the vehicle for hire company, whether as an employee or lessee. The criminal background check shall be completed before the driver is engaged as an employee or lessee.

B. A vehicle for hire company that is issued a permit by the department shall require that all of the company's vehicles for hire that are used to provide passenger transportation meet state vehicle safety and emissions standards for private vehicles and shall require the vehicles for hire to have, at a minimum, an annual brake and tire inspection that is performed by a qualified party. The vehicle for hire company shall maintain vehicle safety and emissions inspection records for at least two years and make the records available to the department on request.

C. A vehicle for hire company shall implement a zero-tolerance policy on the use of drugs and alcohol while a vehicle for hire driver is providing passenger transportation or is available to provide passenger transportation. The vehicle for hire company shall provide notice of this policy on its website or in the vehicle for hire, including procedures to file a complaint about a driver with whom a passenger was matched and who the passenger reasonably suspects was under the influence of drugs or alcohol during the course of the passenger transportation.

D. On receipt of a passenger complaint alleging a violation of the zero-tolerance policy, the vehicle for hire company shall do both of the following:

1. Immediately suspend the vehicle for hire driver's access to the company's vehicle for hire.

2. Conduct an investigation into the filed complaint. The suspension shall last the duration of the investigation.

E. If the vehicle for hire company's investigation confirms that the driver has violated the policy required by subsection C of this section, the vehicle for hire company shall permanently prohibit the driver's access to the company's vehicles for hire. The vehicle for hire company shall maintain enforcement records for at least two years after the date a passenger complaint is received by the company and make the records available to the department on request.