List of Active TNDs

(1) Each TNC shall have an obligation to provide to the Department on an ongoing basis information sufficient to identify all TNDs who have completed five or more rides on its digital platform that originated in the Commonwealth. Information provided by the TNCs pursuant to 456 CMR 24.04 shall be submitted electronically, in the form and method designated by the Department. Such submissions shall be secure. Information provided pursuant to 456 CMR 24.04 shall not be subject to disclosure under M.G.L. c. 66. (2) The Department shall make an initial request to each TNC, asking the TNC to provide information sufficient to identify all TNDs who completed five or more rides that originated in the Commonwealth on that TNC’s digital platform in the six-month period immediately preceding the date the Department made the request. The Department’s request shall provide clear date parameters. Each TNC shall provide the information requested by the Department within 14 days of the request and in the secure manner designated by the Department. Each TNC shall update its response to the Department’s request for information on a quarterly basis within 14 calendar days of the most recently completed quarter. At the completion of each quarter, the quarterly report shall include data for the two most recently completed quarters. For example, the quarterly report following the calendar quarter ending March 31, 2026, must identify all TNDs who completed five or more rides that originated in the Commonwealth on the TNC’s platform for the period October 1, 2025 through March 31, 2026. The Department shall combine data provided by the TNCs to determine the median number of rides provided in the previous six months and the number of rides provided by each TND for whom data has been submitted. Any TND who has completed more than the median number of rides shall be considered an Active TND in the ride share industry for that six-month period. (4) On a quarterly basis and in a secure manner, the Department shall provide each TNC with the names and driver’s license numbers of the Active TNDs who have driven for that TNC within the previous six months. The TNC shall then have 30 days to submit to the Department, in an electronic format to be determined by the Department, a phone number, mailing address, and email address for each such Active TNDs who drove for that TNC during the six-month period. The Department shall maintain a list of Active TNDs. The list shall contain the name, phone number, mailing address, and email address of all Active TNDs in the bargaining unit. The Department shall provide this list, in a secure manner, to each TND Organization that has been designated as the bargaining representative of at least 5% of Active TNDs. The Department shall provide each such TND Organization with updates to the list of Active TNDs until the earlier of: (a) one year from the date that the Department first determined that the TND Organization has been designated as the bargaining representative of at least 5% of Active TNDs in the bargaining unit or (b) a TND Organization is certified as the exclusive bargaining representative for the bargaining unit. Once the Department has certified a TND Organization as the exclusive bargaining representative, whether by certification without election, or by election, the TNCs shall continue to securely provide the Department with a list of all Active TNDs and upon request the Department shall, on a quarterly basis, facilitate the secure transfer of such list to the certified TND Organization, together with phone numbers, mailing addresses and email addresses. During the period that the TND Organization retains its status as the exclusive representative, only the certified TND Organization shall be entitled to receive that information from the TNCs. (7) Prior to delivering any driver personal or confidential information to the Department, each TNC shall provide a copy of its data security policy along with a statement of compliance outlining the steps that it has taken to satisfy the specifications provided by the Department pursuant to 456 CMR 24.15. It shall be the responsibility of each TNC to ensure that its data security policy is compliant with all applicable Massachusetts laws and that an updated data security policy is on file with the Department.