The TNC Appeals Process

Did you recently apply to drive for Uber or Lyft? Was your application denied by the Transportation Network Company Division? Are you wondering about your right to appeal the Division’s hearing? The Law Office of Patrick J. Murphy regularly represents Uber and Lyft drivers in administrative proceedings. Attorney Murphy has a firm knowledge of the TNC hearings process and can help you effectively appeal an adverse decision in hopes of getting the Division to approve your application.

The Transportation Network Company Division is the state agency responsible for approving rideshare driver applicants. To do this, the TNC Division conducts an initial background check to determine if you are suitable for providing rideshare services. If the Division discovers that you have a “disqualifying condition,” it will not issue you a background check clearance certificate, which will prevent you from becoming a rideshare driver. Additionally, the TNC Division conducts annual background checks for existing drivers. If a disqualifying condition comes up in an annual background check, the TNC Division will immediately suspend your background check clearance certificate.

However, if the TNC Division denies your request or suspends your background check clearance certificate, you have the right to appeal. All appeals must be filed within 30 days of the denial. All appeals filed after this 30-day window will be rejected unless you can show “good cause” for the delay.

Once you file notice of an appeal, the TNC Division determines if a hearing is needed. Not all appeals receive a hearing, meaning some appeals are denied immediately. If you are serious about your career as a rideshare driver, it is imperative that you present a compelling claim in support of your position.

The first step in filing an appeal is to provide notice to the TNC Division. In this notice, you must provide:

• Your name,
• Your address,
• Your date of birth,
• Your email address and phone number, and
• Your reasons for appealing the Division’s decision.

You should also include any documentation supporting your position. For example, if you believe the TNC Division denied your claim based on an error, you should include documentation that the error was corrected. The TNC Division cannot correct errors contained in your driving record or criminal record, so you must resolve these issues by contacting the Chief Probation Officer of the court where you were charged (for criminal offenses) or the Registry of Motor Vehicle (for traffic violations).

If you believe the denial was based on an error, it is essential that you file timely notice of appeal explaining the error, even if you have not yet been able to resolve the mistake.

Once the TNC Division reviews your appeal, it may grant a hearing. At this hearing, you will have the opportunity to present any documentation that is helpful to your appeal. Having an experienced Lyft and Uber lawyer represent you throughout the TNC appeals process ensures that your appeal is given the attention it deserves. An attorney will know what evidence the TNC Division will find compelling, where to locate favorable evidence, and how to best present a case for reversal.

If you were recently denied a background check clearance certificate or had your certificate suspended after an annual background check, the Law Office of Patrick J. Murphy can help. Attorney Murphy has more than 25 years of experience helping his clients overcome the legal issues they face. As a criminal defense and traffic lawyer, attorney Murphy has unrivaled knowledge of the Massachusetts court system, which enables him to efficiently correct mistakes on your record and gather the necessary documentation that can convince the TNC Division to reverse its decision. To learn more, and to schedule a free consultation with a Boston rideshare administrative appeals lawyer today, call (617) 367-0450 . You can also reach Attorney Murphy through the firm’s online contact form.