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(a) Upon receipt of an application for the issuance or renewal of a transportation network provider license, the commissioner may investigate the applicant for compliance with all applicable provisions of this Code, including but not limited to, the applicant's compliance or ability to comply with the license qualification requirements specified in Section 9-115-060.
(b) Every individual applicant shall be required to submit to fingerprinting and shall provide photos of the applicant as required by the commissioner. The authorized agent of every corporate, limited liability company, or partnership applicant shall be required to submit to fingerprinting and shall provide photos of the authorized agent as required by the commissioner. Applicants shall be responsible for the costs of fingerprinting and photos.
(c) As part of the application process, fees sufficient to cover the costs of processing fingerprints and photos will be assessed in addition to the license fees set forth in this Code. The fingerprinting and photo fees will be assessed regardless of whether the license applied for is issued or denied. The amount of the fees shall be set forth by rules and regulations promulgated by the commissioner.
(d) If an application for the issuance or renewal of a license is denied, the applicant may within ten days of the mailing of notice of the denial make a written demand upon the commissioner for a hearing. Upon receipt of a timely written demand for a hearing the commissioner shall within 30 days conduct a hearing. If at such a hearing the applicant establishes through competent evidence that the denial was based upon incorrect findings the commissioner shall issue the license. If at such a hearing the denial is found to have been based upon correct findings, the denial shall become final. After entry of a final denial, the applicant shall be ineligible to make a new application for a period of 18 months.
(Added Coun. J. 5-28-14, p. 82771, § 1)
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)
(a) A transportation network vehicle shall display, as provided by rule, consistent and distinctive signage at all times while being used to provide transportation network services. The distinctive signage shall be sufficiently large and color contrasted (i) as to be readable during daylight hours at a distance of at least 50 feet, and (ii) to identify a particular vehicle associated with a particular licensee. Acceptable forms of distinctive signage include, but are not limited to, symbols or signs on vehicle doors, roofs, or grilles. Magnetic or other removable distinctive signage is acceptable. Licensees shall file an illustration of their distinctive signage with the commissioner.
(b) A transportation network vehicle shall display a consistent and distinctive emblem at all times while being used to provide transportation network services. The commissioner is authorized to specify, by rule, the manner of display, method of issuance, design and contents of such emblem. Emblems displayed on wheelchair-accessible transportation network vehicles shall specify or mark that such vehicles are wheelchair-accessible.
(c) The commissioner, in consultation with the commissioner of aviation, shall promulgate rules, in furtherance of public safety, governing the display, design and contents of additional distinctive signs or emblems that may be required to be displayed on transportation network vehicles that are used to pick up passengers from the city's airports, McCormick Place, and Navy Pier. Providers shall provide such additional distinctive signs or emblems to drivers they engage.
(Added Coun. J. 5-28-14, p. 82771, § 1; Amend Coun. J. 10-28-15, p. 12062, Art. XI, § 5; Amend Coun. J. 10-28-15, p. 12122, § 9)
(a) It is unlawful to display any advertising sign or device on or in a licensed transportation network vehicle before the advertising sign or device is approved by the Commissioner and permitted pursuant to the elements specified in this section and rules promulgated thereunder.
(b) A transportation network vehicle owner, transportation network driver, or licensed advertising vendor may apply for permits to display an advertising sign or device on the exterior or the interior of the vehicle, or both. A separate permit is required for each exterior and interior advertising display. The Commissioner shall promulgate rules: (1) specifying the locations on the transportation network vehicle where advertising signs or devices may be displayed; (2) describing the permissible design, construction, and method of affixing the display to the vehicle; and (3) specifying insurance requirements for approving a permit to display an advertising sign or device on or in the transportation network vehicle. The rules also may include additional guidelines for such displays and the permit process. In establishing such criteria, considerations shall include:
(1) visual clutter and aesthetics on the public way;
(2) the safety and comfort of passengers, drivers, pedestrians, bicyclists, and motorists;
(3) the visibility of all information required by this chapter, Department rules, or other laws to be displayed in the interior or on the exterior of transportation network vehicles, including, but not limited to, distinctive signage; and
(c) The fee for the issuance of any advertising display permit shall be $100.00 for each display, due at the time of application. This fee shall be in addition to the personal property lease transaction tax that applies to lease or rental payments pursuant to Chapter 3-32. An advertising display permit applicant shall have satisfied all debt, as defined in Section 4-4-150, to the City before the Department may issue the permit.
(d) When the Commissioner has approved any type of advertising display device that involves the installation of a physical apparatus on or in the transportation network vehicle, an inspection is required as part of the advertising permitting process. The fee for such inspection shall be an additional $100.00, due prior to the inspection.
(e) The Department shall inform applicants for an advertising display permit under this section whether the application is approved or disapproved within thirty business days after its receipt of the completed application, unless it gives the applicant written notice that it needs an additional thirty business days and the reasons therefor. If the application is approved and the requirements of subsections (c) and (d) complied with, the Department shall issue the advertising display permit. If the Department denies the permit application, it shall provide written notice of its decision within such time period, stating the specific grounds and rules that form the basis for such denial. If the Department fails to so act within thirty business days after receipt of the application, or sixty business days if it has given notice of the need for an additional review period, the application shall be deemed granted and the permit shall be issued, provided that the permit fee has been paid.
(f) An advertising permit issued under this section shall expire one year after the date of issue, unless it is surrendered, revoked, or terminated prior to that date.
(g) No permit for advertising issued pursuant to this section shall be transferred or assigned.
(h) The denial, rescission, suspension, or revocation of a license issued pursuant to this chapter shall act as the suspension or revocation of any advertising permit issued hereunder to the affected transportation network vehicle.
(Added Coun. J. 5-28-14, p. 82771, § 1; Amend Coun. J. 11-14-18, p. 90376, Art. IV, § 8; Amend Coun. J. 6-25-21, p. 31925, Art. VI, § 8)
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