39:5H-23 Maintenance of electronic information by driver accessible to law enforcement, issuance of certain materials to driver for display.

23. a. Each transportation network company driver shall maintain electronic information while using the transportation network company's digital network that will allow any law enforcement officer, or other city, State, or federal official, to confirm the following information for any transportation network company driver: (1) the driver's identity and a color photo; (2) the make and model of the driver's personal vehicle; (3) the license plate number of the driver's personal vehicle; and (4) an electronic record of a prearranged ride underway, if any. Each transportation network company driver shall be able to produce this information, upon the lawful request of any law enforcement officer or other city, State, or federal official.

b. (1) A transportation network company shall create an identifying marker which shall be submitted to the commission for recording and the transportation network company shall issue two identifying markers to every transportation network company driver that utilizes the transportation network company's digital network as a driver. The identifying markers shall be reflective, capable of being illuminated, or both.

(2) Every transportation network company driver shall display the identifying markers issued pursuant to this subsection on the front windshield and rear window of the driver's personal vehicle while the driver is logged on to the transportation network company's digital network as a driver or is providing a prearranged ride. If the identifying markers issued by a transportation network company are capable of being illuminated, the driver shall have the identifying markers illuminated and visible from outside of the vehicle while the driver is logged on to the transportation network company's digital network as a driver during times of darkness or is providing a prearranged ride during times of darkness.

c. (1) A transportation network company, or a third party designated by the transportation network company, shall create and the transportation network company shall issue to every driver that utilizes the transportation network company's digital network as a driver, a two-dimensional barcode or other machine-readable code or image that is unique to that driver and to the driver's personal vehicle that is to be used to provide prearranged rides. The two dimensional barcode or other machine-readable code or image shall be capable of being scanned by a rider to confirm the identity of the driver of a prearranged ride and the personal vehicle that is to be used to provide the prearranged ride. A transportation network company shall issue to every driver that utilizes its digital network as a driver two copies of the two-dimensional barcode or other machine-readable code or image.

(2) A driver shall display the two-dimensional barcodes or other machine-readable codes or images on the driver and passenger side rear windows of the driver's personal vehicle at all times while the driver is logged on to the transportation network company's digital network as a driver or is providing a prearranged ride.

d. (1) A transportation network company, or a third party designated by the transportation network company, shall produce and the transportation network company shall issue, two credential placards, in accordance with section 3 of P.L.2019, c.128 (C.39:5H-23.1), to every transportation network company driver that utilizes the transportation network company's digital network as a driver.

(2) A transportation network company driver shall display the credential placards on the driver and passenger side rear windows of the driver's personal vehicle at all times while the driver is logged on to the transportation network company's digital network as a driver or is providing a prearranged ride.

e. A driver shall return the identifying markers issued pursuant to subsection b. of this section; the barcodes or other machine-readable codes or images issued pursuant to subsection c. of this section; and the credential placards issued pursuant to subsection d. of this section to the transportation network company within 30 days of the date that the driver notifies the transportation network company that the driver is terminating status as a driver and will not provide prearranged rides using the transportation network company's digital network.

A transportation network company shall notify a driver of the requirement to return the identifying markers, credential placards, and barcodes or other machine-readable codes or images, and the time frame in which the driver is to return them within 15 days after the date that the driver notifies the transportation network company that the driver is terminating status as a driver and will not provide prearranged rides using the transportation network company's digital network.

f. A transportation network company driver shall be subject to a fine of $250 if the driver fails to display:

(1) identifying markers or fails to illuminate identifying markers during times of darkness, if applicable, as required pursuant to the provisions of paragraph (2) of subsection b. of this section;

(2) barcodes or other machine-readable codes or images as required pursuant to the provisions of paragraph (2) of subsection c. of this section; or

(3) credential placards as required pursuant to the provisions of paragraph (2) of subsection d. of this section.

g. (1) A transportation network company shall prohibit, after providing the driver with notice and an opportunity to respond, a driver from utilizing the transportation network company's digital network as a driver or from providing a prearranged ride if the transportation network company determines that on three or more separate days a driver has failed to display:

(a) identifying markers as required pursuant to paragraph (2) of subsection b. of this section;

(b) barcodes or other machine-readable codes or images as required pursuant to paragraph (2) of subsection c. of this section; or

(c) credential placards as required pursuant to the provisions of paragraph (2) of subsection d. of this section.

(2) The New Jersey Motor Vehicle Commission shall suspend or revoke, after notice and a hearing, a transportation network company's permit to operate in the State, pursuant to section 4 of P.L.2017, c.26 (C.39:5H-4), if the transportation network company:

(a) violates the provisions of paragraph (1) of subsection b. of this section;

(b) violates the provisions of paragraph (1) of subsection c. of this section;

(c) violates the provisions of paragraph (1) of subsection d. of this section; or

(d) fails to prohibit, after providing the driver with notice and an opportunity to respond, a driver from utilizing the transportation network company's digital network as a driver or from providing a prearranged ride as required pursuant to the provisions of paragraph (1) of this subsection.

h. Subsections b., c., d., and f. of this section shall not apply to a transportation network company driver who is completing a prearranged ride in this State if the ride originated in another state.

L.2017, c.26, s.23; amended 2019, c.128, s.2.