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Whenever any changes occur in the officers of the licensee, the licensee shall notify the Department within 30 days of the effective date of the change on forms specified by the Commissioner. For purposes of this section, the term "officer of the licensee" or "officers of the licensee" means the members of a partnership, the officers, directors, managers or shareholders of a corporation, or the managers or managing members of a limited liability company or other legal entity licensed pursuant to this chapter.
The Commissioner will promulgate rules describing the process that licensees must follow when they are removing or changing officers and the applicable fees for removal or change of officers.
(Added Coun. J. 6-25-21, p. 31925, Art. VI, § 8)
The commissioner shall have the power to rescind, pursuant to this section, any transportation network provider license erroneously or illegally issued or renewed pursuant to this section. In order for such a rescission to be effective, the commissioner shall notify the licensee of the date the rescission will take effect. The notice shall be provided by first-class mail or in person. The commissioner shall indicate in such notice the basis for the rescission and shall also indicate a date and time, prior to the proposed rescission date, upon which the licensee may appear before the commissioner, or his or her designee, to contest the proposed rescission. The licensee shall also be informed that he or she shall be entitled to present to the commissioner or his or her designee any document, including affidavits, relating to the proposed rescission. Following the appearance of the licensee before the commissioner, the commissioner may affirm or reverse the rescission decision based upon the evidence presented by the licensee. The commissioner's decision shall be in writing and shall be mailed to the licensee at least five days before a license rescission is effective. A licensee may appeal the commissioner's decision to any court of competent jurisdiction.
(Added Coun. J. 5-28-14, p. 82771, § 1)
(a) Every licensee and transportation network driver shall comply with all applicable insurance requirements mandated by federal, State of Illinois, and city laws.
(b) Each applicant for the issuance or renewal of a transportation network provider license shall provide proof that the applicant has:
(i) commercial general liability insurance to secure payment by the applicant of any final judgment or settlement of any claim against the applicant or employees of the applicant's transportation network provider business. Such insurance shall name the City of Chicago as an additional insured on a primary noncontributory basis for any liability arising, directly or indirectly, from the licensee's operations; and shall include a provision requiring 30 days' advance notice to the commissioner prior to cancellation or lapse, or any change of the policy.
(ii) commercial automobile liability insurance to secure payment by the applicant of any financial judgment or settlement of any claim against the applicant or the applicant's transportation network drivers resulting from any occurrence arising out of or caused by the operation of a transportation network vehicle. The licensee shall provide 30 days' advance notice to the commissioner prior to cancellation or lapse, or any change of the policy.
(c) Such insurance policies shall provide at least the following minimum coverage: (1) commercial general liability insurance with limits of not less than $1,000,000.00 per occurrence, for bodily injury, personal injury, and property damage; (2) (i) commercial automobile liability insurance with a combined single limit for bodily injury and property damage of $1,000,000.00 per occurrence, covering liability resulting from any occurrence arising out of or caused by the operation of a transportation network vehicle (including owned, hired, and non-owned vehicles) while the applicant's transportation network driver has accepted a ride until the completion of the ride; and (ii) automobile liability insurance with limits for bodily injury and property damage not less than the minimum amount required under Section 7-601 of the Illinois Vehicle Code, codified at 625 ILCS 5/7-601, per occurrence, covering liability resulting from any occurrence arising out of or caused by the operation of a transportation network vehicle (including owned, hired, and non-owned vehicles) while the applicant's transportation network driver is logged onto the transportation network provider's Internet-enabled application or digital platform showing that the driver is available to pick up passengers until such driver accepts a ride.
(d) The insurance policies required in this section shall be: (i) available to cover claims as specified in this section regardless of whether a driver maintains insurance adequate to cover any portion of the claim; (ii) disclosed on the licensee's Internet-enabled application and website in the form of endorsement pages from the insurance company, and (iii) maintained in full force at all times that the transportation network provider offers or provides transportation network service.
(e) No transportation network provider license shall be issued unless the applicant first provides copies of the insurance policies required in this section to the commissioner. If the insurance policies are furnished to the city under a claim that they are proprietary, privileged or confidential, then the department, consistent with applicable law, shall treat such information as confidential, and shall provide the licensee with a copy of any appeal, received by the department, of the department's notice of denial provided to a third party seeking inspection and copies of such information.
(f) Any driver shall provide to any authorized law enforcement officer, in addition to any applicable insurance, proof of the insurance policies required by this section in case of a crash involving a transportation network vehicle while he is operating a transportation network vehicle.
(Added Coun. J. 5-28-14, p. 82771, § 1; Amend Coun. J. 10-28-15, p. 11951, Art. VI, §§ 26, 48; Amend Coun. J. 11-16-16, p. 37901, Art. II, § 26; Amend Coun. J. 11-17-21, p. 41319, Art. V, § 7)
(a) No licensee shall own, provide financing for the obtaining, leasing, or ownership of, or have a beneficial interest in transportation network vehicles. Provided, however, if allowed under the Transportation Network Providers Act, codified at 625 ILCS 57/1, et seq., a licensee may own or provide financing for the obtaining, leasing, or ownership of, or have a beneficial interest in a wheelchair-accessible transportation network vehicle.
(b) In addition to all other applicable legal requirements, including the vehicle registration requirement in 625 ILCS 5/3-801, and, if applicable, Chapter 3-56 of this Code, it shall be unlawful for any person to operate or cause to be operated any transportation network vehicle unless such vehicle:
(1) has a manufacturer's rated seating capacity of less than ten persons, including the transportation network driver;
(2) has at least two doors and meets applicable Federal Motor Vehicle Safety Standards for vehicles of its size, type and proposed use;
(3) is a coupe, sedan, or light-duty vehicle, including a van, minivan, sport utility vehicle, pickup truck, hatchback or convertible; and
(4) has not been issued the title class of "salvage," "rebuilt," "junk," "total loss," or any equivalent classification in any jurisdiction.
(d) The licensee and the licensee's driver shall be jointly and severally liable if the licensee knowingly permits the licensee's driver to use a vehicle that does not meet the requirements for a transportation network vehicle.
(Added Coun. J. 5-28-14, p. 82771, § 1; Amend Coun. J. 10-28-15, p. 12122, § 7; Amend Coun. J. 6-22-16, p. 27771, § 6; Amend Coun. J. 6-25-21, p. 31925, Art. VI, § 8)
(a) No transportation network provider licensee shall allow any vehicle to be used as a transportation network vehicle unless such vehicle is annually inspected according to standards approved by the Commissioner, and has passed such inspection.
(b) [Reserved.]
(c) A driver engaged by any licensee shall maintain complete documentation of such inspection in the vehicle at all times while being used to provide transportation network services, and an electronic or written copy of such documentation shall be provided to the commissioner upon request.
(d) To pass inspection, a transportation network vehicle shall, at a minimum, be rust-free and shall pass the following inspections:
1. Foot brakes;
2. Emergency brakes;
3. Steering mechanism;
4. Windshield;
5. Rear window and other glass;
6. Windshield wipers;
7. Headlights;
8. Tail lights;
9. Turn indicator lights;
10. Stop lights;
11. Front seat adjustment mechanism;
12. Doors (open, close, lock);
13. Horn;
14. Speedometer;
15. Bumpers;
16. Muffler and exhaust system;
17. Condition of tires, including tread depth;
18. Interior and exterior rear view mirrors;
19. Safety belts for driver and passenger(s);
20. Drivetrain, including the transmission and universal joints;
21. Axles and wheels, including ball joints; and
22. If the vehicle is a wheelchair-accessible vehicle, it shall also be inspected for compliance with legally required safety standards.
(e) The licensee and the licensee's driver shall be jointly and severally liable for any violation of this section.
(Added Coun. J. 5-28-14, p. 82771, § 1; Amend Coun. J. 10-28-15, p. 12122, § 8; Amend Coun. J. 6-22-16, p. 27771, § 6; Amend Coun. J. 11-21-17, p. 61755, Art. X, § 1)
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