(a) Prior to allowing an individual to act as a transportation network company driver and accepting a request for a prearranged ride through a transportation network company’s digital network:

Attorney's Note

Under the Hawaii Revised Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
misdemeanorup to 1 year$2,000
For details, see Haw. Rev. Stat. § 706-663

Terms Used In Hawaii Revised Statutes 279J-9

  • Arrest: Taking physical custody of a person by lawful authority.
  • Department: means the department of transportation. See Hawaii Revised Statutes 279J-1
  • Digital network: means any online-enabled technology application service, website, or system offered or utilized by a transportation network company that enables prearranged rides with transportation network company drivers. See Hawaii Revised Statutes 279J-1
  • Transportation network company vehicle: means a vehicle that is:

    (1) Manufactured with seating accommodations for eight or fewer passengers;
    (2) Not a semitrailer, tractor-semitrailer combination, truck, or truck-tractor, as those terms are defined in § 286-2;
    (3) Used by a transportation network company driver to provide a prearranged ride;
    (4) Owned, leased, or otherwise authorized for use by the transportation network company driver; and
    (5) Not operating as a taxicab, limousine, or other for-hire vehicle. See Hawaii Revised Statutes 279J-1
(1) The individual shall submit an application to the transportation network company that includes the following information:

(A) The individual’s address;
(B) The individual’s age;
(C) A copy of the individual’s valid driver’s license;
(D) A copy of the applicable motor vehicle registration;
(E) A copy of the applicable motor vehicle insurance; and
(F) Any other information deemed necessary by the transportation network company;
(2) The transportation network company shall conduct national and local criminal background checks for each applicant and each driver on an annual basis. The criminal background check shall include a review of:

(A) A multi-state and multi-jurisdictional criminal records locator or other similar commercial nationwide database with validation (primary source search); and
(B) The United States Department of Justice National Sex Offender Public Website; and
(3) The transportation network company shall obtain and review, or have a third-party entity obtain and review, a driving history research report of the individual.
(b) The transportation network company shall not permit an individual to act as a transportation network company driver on its digital network who:

(1) Has more than three moving violations within the prior three years, or one of the following major violations in the prior three years:

(A) Driving on a suspended or revoked license;
(B) Reckless driving of vehicle;
(C) Resisting an order to stop a motor vehicle in the first or second degree; or
(D) Resisting arrest;
(2) Within the prior seven years has been:

(A) Convicted of any felony; or
(B) Convicted of any misdemeanor relating to driving, acts of violence, or sexual offenses;
(3) Is registered on the United States Department of Justice National Sex Offender Public Website or any publicly accessible state sex offender registry;
(4) Does not possess a valid driver’s license;
(5) Does not possess proof of a current and valid registration for the motor vehicle used to provide prearranged rides;
(6) Does not possess proof of valid motor vehicle insurance for the transportation network company vehicle; or
(7) Is not at least nineteen years of age.
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