§ 29.505. Criminal history.
(a) Common or contract carriers, except for call or demand and limousine drivers.
(1) Criminal history record required. A common or contract carrier may not permit a person to operate a vehicle in its authorized service until it has obtained and reviewed a criminal history record from the Pennsylvania State Police and every other state in which the person resided for the last 12 months. For current drivers, carriers shall obtain a criminal history record by November 9, 2006.
(2) Frequency of record check. Following receipt of the initial criminal history record, a common or contract carrier shall obtain and review a criminal history record for each driver operating under its authority from the Pennsylvania State Police every 2 years from the date of the last criminal history check.
(3) Disqualification. A common or contract carrier may not permit a person to operate a vehicle in its authorized service when the person was convicted of a felony or a misdemeanor under the laws of the Commonwealth or under the laws of another jurisdiction, to the extent the conviction relates adversely to that person’s suitability to provide service safely and legally.
(4) Record retention. A copy of the criminal history shall be maintained by the common or contract carrier for at least 3 years.
(b) Call or demand and limousine drivers.
(1) Criminal background check. Prior to permitting a person to act as a call or demand or limousine driver, a carrier shall conduct or have a third party conduct a local and National criminal background check for each driver applicant. The background check must include a multistate or multijurisdictional criminal records locator or other similar commercial Nationwide database with primary source search validation and a review of the United States Department of Justice National sex offender public web site. The carrier shall disqualify an applicant convicted of certain crimes in accordance with the following:
(i) An applicant convicted of any of the following within the preceding 7 years:
(A) Driving under the influence of drugs or alcohol.
(B) A felony conviction involving theft.
(C) A felony conviction for fraud.
(D) A felony conviction for a violation of The Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § § 780-101—780-144).
(ii) An applicant convicted of any of the following within the preceding 10 years:
(A) Use of a motor vehicle to commit a felony.
(B) Burglary or robbery.
(iii) An applicant convicted of any of the following at any time:
(A) A sexual offense under 42 Pa.C.S. § 9799.14(c) or (d) (relating to sexual offenses and tier system) or similar offense under the laws of another jurisdiction or under a former law of the Commonwealth.
(B) A crime of violence as defined in 18 Pa.C.S. § 5702 (relating to definitions).
(C) An act of terror.
(2) Frequency. One year after engaging a driver and every second year thereafter, the criminal background and driving history checks required under this subsection shall be conducted and that a driver continues to be eligible to be a driver shall be verified.
(3) Record retention. A copy of the criminal history shall be maintained by the call or demand or limousine driver for at least 3 years.
Authority The provisions of this § 29.505 amended under the act of July 13, 2016 (P.L. 664, No. 85).
Source The provisions of this § 29.505 amended January 27, 2017, effective January 28, 2017, expire upon promulgation of final form regulations or on November 4, 2018, whichever is later, as set forth in the act of November 4, 2016 (P.L. 1222, No. 164), 47 Pa.B. 429. Immediately preceding text appears at serial page (321705).
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