Issuance, revocation of permit; fee.

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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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