§ 1698. Audit procedures; confidentiality of records. 1. For the purpose of verifying that a TNC is in compliance with the licensing requirements of the department, the department shall reserve the right to audit a sample of records that the TNC is required to maintain, upon request by the department that shall be fulfilled in no fewer than ten business days by the TNC. The sample shall be chosen randomly by the department in a manner agreeable to both parties. The audit shall take place at a mutually agreed location in New York state. Any record furnished to the department may exclude information that would tend to identify specific drivers or passengers.

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Terms Used In N.Y. Vehicle and Traffic Law 1698

  • TNC: means a person, corporation, partnership, sole proprietorship, or other entity that is licensed pursuant to this article and is operating in New York state exclusively using a digital network to connect transportation network company passengers to transportation network company drivers who provide TNC prearranged trips. See N.Y. Vehicle and Traffic Law 1691
  • TNC driver: means an individual who:

    (a) Receives connections to potential passengers and related services from a transportation network company in exchange for payment of a fee to the transportation network company; and

    (b) Uses a TNC vehicle to offer or provide a TNC prearranged trip to transportation network company passengers upon connection through a digital network controlled by a transportation network company in exchange for compensation or payment of a fee. See N.Y. Vehicle and Traffic Law 1691

2. The names and identifying information of TNC drivers that are received pursuant to this section shall be considered information which, if disclosed, would constitute an unwarranted invasion of personal privacy under the provisions of Article 6 of the public officers law.

3. The department shall establish regulations for the filing of complaints against any TNC driver or TNC pursuant to this section.

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