(A) The TNC shall obtain certain background and qualification information from a TNC driver before the TNC driver is approved by the TNC to provide TNC services.
(B) The TNC driver qualification information shall include:
(1) a valid driver's license issued by the South Carolina Department of Motor Vehicles or the current state of residence for the driver;
(2) verification that the driver is twenty-one years of age or older;
(3) a certified copy of the driver's ten year driving record issued by the South Carolina Department of Motor Vehicles and a record from the department of motor vehicles or equivalent agency of the state where the driver has been domiciled for that period;
(4) conduct, or have a third party conduct, a local and national criminal background check for each applicant that must include:
(a) a multistate and multijurisdictional criminal records locator or other similar commercial nationwide database with validation (primary source search); and
(b) national sex offender registry database search; and
(5) proof of automobile liability insurance in the name of the TNC driver which meets the requirements of Section 38-77-140.
(C) The TNC shall verify the TNC driver meets all of the driver qualification requirements in this section at intervals of at least one each year.
(D) The TNC shall maintain documentation of initial and annual verification of TNC driver qualifications for a period of three years.
(E) The Office of Regulatory Staff may conduct inspections of TNC driver qualification records.
(F) The TNC shall not permit a TNC driver to provide TNC services who:
(1) does not meet the TNC driver qualifications listed in subsections (B) and (C);
(2) is registered or required to be registered as a sex offender with the South Carolina Law Enforcement Division or the National Sex Offender Registry;
(3) has been convicted within the past ten years of driving under the influence of drugs or alcohol, driving with an unlawful alcohol concentration, fraud, use of a motor vehicle to commit a felony, a felony crime involving property damage, theft and crimes defined as violent pursuant to Section 16-1-60; or
(4) is under the influence of drugs or alcohol. Nothing in this section may be construed to require drug testing by a TNC of a TNC driver.
(G) Before a TNC driver is allowed to provide a TNC service, the TNC must disclose to the TNC driver that the:
(1) automobile liability insurance that the TNC provides while the TNC driver is engaged in TNC service or logged into the TNC digital network;
(2) TNC driver's automobile liability insurance may not provide coverage while the TNC driver is engaged in TNC service or logged into the TNC digital network;
(3) provision of TNC services may violate the terms of a contract or financing agreement with a lienholder; and
(4) provision of TNC services may have financial consequences related to personal income tax and personal property tax liabilities.
HISTORY: 2015 Act No. 88 (H.3525), Section 1, eff June 24, 2015.
Structure South Carolina Code of Laws
Title 58 - Public Utilities, Services and Carriers
Chapter 23 - Motor Vehicle Carriers
Section 58-23-10. Definitions.
Section 58-23-20. Transportation by motor vehicle for compensation regulated.
Section 58-23-25. Public Service Commission's motor carrier regulatory authority, defined.
Section 58-23-30. "For compensation" defined.
Section 58-23-40. Certificate and fee requirements.
Section 58-23-50. Chapter not applicable to transportation for certain purposes.
Section 58-23-60. Chapter not applicable to business within certain areas.
Section 58-23-70. Chapter not applicable to occasional trip.
Section 58-23-100. Transfer of property pending suit shall be invalid.
Section 58-23-210. Application for a certificate.
Section 58-23-220. Class A certificates.
Section 58-23-230. Class B certificates.
Section 58-23-240. Class C certificates.
Section 58-23-250. Class D certificates.
Section 58-23-260. Class E certificates.
Section 58-23-270. Class F certificates.
Section 58-23-290. Partial A, B and D certificates.
Section 58-23-310. Certain applicants granted certificates as matter of right.
Section 58-23-320. Suspension, revocation, alteration or amendment of certificates; appeal.
Section 58-23-340. Alienation or lease of certificates issued after July 1, 1983.
Section 58-23-510. Applications for annual licenses.
Section 58-23-530 to 58-23-550. Repealed.
Section 58-23-560. License fees for class A, B, or C certificate holders.
Section 58-23-570. Information which shall be furnished in application for class D certificate.
Section 58-23-590. Carriers of household goods and hazardous waste for disposal; fees.
Section 58-23-600. Time of payment of fees.
Section 58-23-610. Fees shall not be refunded for period when license not used; exception.
Section 58-23-620. Situations in which local fees may or may not be imposed.
Section 58-23-630. Distribution of license fees.
Section 58-23-920. Insurance required of owners of motor vehicles transporting goods for hire.
Section 58-23-1010. General powers of commission.
Section 58-23-1020. Certain routes or schedules shall not be changed without permit from Commission.
Section 58-23-1030. Occasional detours; use of substitute or reserve vehicles in emergencies.
Section 58-23-1040. Carriers liable for baggage only when checked.
Section 58-23-1050. Certain statutory provisions not applicable to baggage.
Section 58-23-1070. Promulgation of rules and regulations as to vehicles for hire at resorts.
Section 58-23-1080. Special plates or markers for carriers.
Section 58-23-1090. Special markers for reserve or substitute passenger vehicles.
Section 58-23-1110. Definitions.
Section 58-23-1120. Compliance by motor carriers.
Section 58-23-1130. Rulemaking by Commission.
Section 58-23-1140. Exclusion of transporters of farm or forest products.
Section 58-23-1210. Licensing of taxis by governing body of a county or city.
Section 58-23-1215. Exception to meaning of operating a taxi.
Section 58-23-1220. Liability insurance.
Section 58-23-1230. Bond may be filed in lieu of insurance.
Section 58-23-1240. "Taxi" plate; certificate of insurance.
Section 58-23-1250. Name of owner and rates shall be posted in taxi.
Section 58-23-1260. Driver identification card shall be posted in taxi and copy furnished to police.
Section 58-23-1270. Qualifications of drivers.
Section 58-23-1280. Solicitation of passengers.
Section 58-23-1290. Vehicles shall answer calls in order received.
Section 58-23-1300. Occupancy of vehicle when answering call.
Section 58-23-1310. Drivers shall not take possession of baggage without consent of owner.
Section 58-23-1330. Taxi shall not transport persons with contagious disease.
Section 58-23-1340. Vehicles shall be kept clean.
Section 58-23-1350. Vehicles shall not be used for sleeping or certain other purposes.
Section 58-23-1360. Transfer of license upon replacement of vehicle.
Section 58-23-1370. Revocation of driver's license.
Section 58-23-1380. Surrender of taxi license when insurance or bond cancelled.
Section 58-23-1390. Revocation of taxi license.
Section 58-23-1400. Fee for reinstatement of insurance or bond.
Section 58-23-1410. Penalties.
Section 58-23-1610. Definitions.
Section 58-23-1630. Primary automobile insurance; proof of coverage.
Section 58-23-1635. Insurance disclosure.
Section 58-23-1660. Standards.
Section 58-23-1670. Records and documentation; information requests; confidentiality of information.
Section 58-23-1710. Law governing TNC's and TNC drivers.
Section 58-23-1720. Construction with federal law.
Section 58-23-1810. Short title.