Monday, March 16, 2020

39 :5H-4 Issuance, revocation of permit; fee.

39 :5H-4  Issuance, revocation of permit; fee.

   4. a. The commission shall issue a transportation network company a permit to allow for the lawful operation of a transportation network company in this State upon receipt of the following information:

   (1)   proof of insurance as required pursuant to section 10 of P.L.2017, c.26 (C.39:5H-10);

   (2)   proof that the transportation network company is registered as a business in this State;

   (3)   a written description of the transportation network company's zero tolerance policy, as required by section 14 of P.L.2017, c.26 (C.39:5H-14);

   (4)   a written description of the transportation network company's policy of non-discrimination, as required by section 15 of P.L.2017, c.26 (C.39:5H-15); and

   (5)   a written description of how the transportation network company will comply with the criminal background check requirements pursuant to section 17 of P.L.2017, c.26 (C.39:5H-17).

   b.   A transportation network company shall pay an initial and annual permit fee of $25,000.

   c.   The commission may revoke the permit, after notice and a hearing, if the transportation network company fails to comply with the provisions of P.L.2017, c.26 (C.39:5H-1 et seq.).

   d.   A transportation network company shall not operate in this State prior to obtaining a permit from the commission; except that, any 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.) may continue to operate in this State until the commission issues a written decision regarding the transportation network company's permit application, provided that the transportation network company has conducted a driving record check of each driver that logs on to the transportation network company's digital network as a driver and provides to the commission proof of insurance required pursuant to section 10 of P.L.2017, c.26 (C.39:5H-10).

   e.   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 apply to the commission for a permit pursuant to this section on or before the 30th day after the commission begins accepting permit applications.

   f.   A transportation network company that operates without a permit in violation of this section shall be subject to a penalty of $500.  Actions to impose a penalty under this subsection shall be brought, and the penalty shall be collected, in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).  The Superior Court shall have jurisdiction to hear any action brought pursuant to this subsection.  All penalties collected pursuant to this subsection shall be forwarded as provided in R.S.39:5-40 and subsection b. of R.S.39:5-41.  If the violation is of a continuing nature, each day during which it continues shall constitute an additional, separate, and distinct offense.

   L.2017, c.26, s.4.
 

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