Section Saf-C 5403.02 - Application for Transportation Network Company Permit(a) An applicant for a transportation network company permit shall complete and submit Form RDMV 104 "Transportation Network Company Application" (rev 1/18) to the division.(b) An applicant shall sign and date the form, and in doing so, shall certify to the following: "In consideration of this application for a Transportation Network Company permit, the applicant further certifies that he or she is familiar with, and will abide by, all applicable statutes and rules. The applicant further certifies that he or she understands that a violation of any of the laws or rules issued by the Director, Division of Motor Vehicles, will be deemed sufficient cause for an administrative hearing, and penalties may be imposed."(c) Each applicant shall either certify that its transportation network company operating authorization has not been suspended more than once, or revoked, in any state or Canada within the previous 5 years as described in Saf-C 5402.06, or shall disclose any such suspensions or revocations, providing the following information for each such suspension or revocation: (1) The State or Canadian province in which the suspension or revocation occurred;(2) The effective date of the suspension or revocation;(3) The expiration date of the suspension or revocation;(4) The reason for the suspension or revocation;(5) Whether the transportation network company has timely filed an appeal of the suspension or revocation which is still pending; and(6) Whether the transportation network company has successfully appealed the suspension or revocation.(d) All corporate and trade business names shall be registered with the New Hampshire secretary of state per RSA 349:1.(e) Unless the applicant is a sole proprietor, the applicant shall submit with the application a copy of a current certificate of good standing issued by the New Hampshire secretary of state.(f) The applicant shall submit the appropriate fee to the division, pursuant to RSA 376-A:3, along with the application.(g) The applicant shall certify knowledge of the following statutory requirements and, if an initial applicant, the applicant's intent to comply prior to commencing operations, or, if a renewal applicant, the applicant's present compliance with those requirements, as follows, by indicating 'Yes' or 'No' on the Form RDMV 104 (rev 1/18): (1) The TNC shall use a digital network to connect transportation network company riders to transportation network company drivers who provide prearranged rides, as required by RSA 376-A:1, V;(2) The TNC shall disclose fares, fare calculations and rates, as required by RSA 376-A:5;(3) The TNC shall display on its website or digital network a picture of its drivers, and the license plate number of the motor vehicles utilized for providing prearranged rides before the rider enters the driver's vehicle, as required by RSA 376-A:6;(4) The TNC shall transmit an itemized receipt for the rider within a reasonable period of time following the completion of a trip, as required by RSA 376-A:7;(5) The TNC or its drivers shall maintain the primary motor vehicle insurance as indicated in RSA 376-A:8; (6) The TNC shall ensure that all drivers carry physical or electronic proof of insurance coverage with him or her at all times during his or her use of a vehicle in connection with a TNC's digital network, as required by RSA 376-A:8;(7) The TNC shall implement a zero tolerance policy per RSA 376-A:11;(8) The TNC shall provide its zero tolerance policy on its website, as required by RSA 376-A:11;(9) The TNC shall have procedures in place on its website for riders to report a complaint of a zero tolerance policy violation, as required by RSA 376-A:11;(10) The TNC shall have procedures that implement the driver requirements of RSA 376-A:12;(11) The TNC shall maintain records as required by RSA 376-A and the Saf-C 5400 rules;(12) The TNC shall ensure that all vehicles in the TNC's network are validly registered in a state or Canadian province, in accordance with RSA 376-A:12, II(e);(13) The TNC shall ensure that a TNC driver's person vehicle used to provide pre-arranged rides meets New Hampshire's vehicle safety requirements for private motor vehicles as provided in RSA 266:27 through 266:29, RSA 266:31 through RSA 266:33, RSA 266:36 through RSA 266:38, RSA 266:40 through RSA 266:44, RSA 266:47 through RSA 266:51, RSA 266:54 through RSA 266:61-a, RSA 266:62-a, RSA 266:73 through RSA 266:78-c, RSA 266:78-e, and RSA 266:78-l through RSA 266:78-r, as applicable in accordance with the provisions of those statutes, as well as the motor vehicle safety requirements in the state or province in which they are registered, in accordance with RSA 376-A:13;(14) The TNC shall implement a policy of nondiscrimination, as required by RSA 376-A:15; and(15) The TNC shall provide riders with an opportunity to indicate whether or not they require a wheelchair accessible vehicle, as required by RSA 376-A:15.(h) The following documents must be attached to every renewal application and must either be attached to every initial application or forwarded to the division by every initial applicant prior to commencing operations: (1) A copy of proof of any insurance maintained by the transportation network company to comply with RSA 376-A:8;(2) A copy of the transportation network company's zero tolerance policy as required by RSA 376-A:11; and(3) A copy of the transportation network company's nondiscrimination policy required by RSA 376-A:15, I.(i) If the applicant is not a sole proprietor, the applicant shall attach a notarized certificate of authority evidencing authority to bind the transportation network company.N.H. Admin. Code § Saf-C 5403.02
Derived from Volume XXXVIII Number 15, Filed April 12, 2018, Proposed by #12491, Effective 4/2/2018, Expires 4/2/2028.