(a) (1) No transportation network provider licensee shall engage any person as a transportation network driver unless the person possesses a valid transportation network chauffeur license, restricted chauffeur license, taxi chauffeur license, or as authorized by rule.
(2) No driver shall operate a transportation network vehicle unless the driver possesses a valid transportation network chauffeur license, restricted chauffeur license or taxi chauffeur license.
(b) (1) Any transportation network provider licensee may accept an application, in a form prescribed by the Commissioner, for the issuance or renewal of a transportation network chauffeur license. An applicant is qualified for the issuance or renewal of a transportation network chauffeur license, if the applicant:
(i) has possessed a valid permanent driver's license of any state, district or territory of the United States, for at least one year prior to applying to become a transportation network driver, and shall not currently have a suspended or revoked driver's license in any state, district, or territory;
(ii) is at least 21 years of age;
(iii) has not been convicted of reckless driving, hit and run, attempting to evade the police or driving with a suspended or revoked license, and has not been convicted of or placed on supervision for two or more offenses involving traffic regulations governing the movement of vehicles, or whose Illinois driver's license has not been suspended or revoked pursuant to Section 6-206 of the Illinois Vehicle Code, codified at 625 ILCS 5/6-206, for violations that occurred within the 12 months immediately prior to applying to become a transportation network driver;
(iv) has successfully completed an online or in-person transportation network driver's training program approved annually by the Commissioner, as part of the license issuance or renewal application, and conducted by the licensee or other authorities approved by the commissioner. In addition to other applicable requirements, such training program shall include:
A. Guidelines on transporting passengers in a safe manner, consistent with the City's initiative to reduce and eliminate fatalities and serious injuries from traffic crashes (Vision Zero Initiatives);
B. Guidelines on driving in the City, including rules of the road specific to the City;
C. Guidelines for a zero-tolerance policy regarding use of intoxicating substances while operating a transportation network vehicle;
D. Guidelines on providing service to people with disabilities;
E. Guidelines on compliance with the City's laws specific to transportation network providers; and
F. Guidelines and information on compliance with other applicable laws and rules;
(v) has not, within the 3-year period preceding the date of application to be a driver, been convicted by a court of any jurisdiction, in custody, under parole, under any other noncustodial supervision, or any similar deferral program, or subject to conditional discharge, resulting from a finding or determination of guilt by a court of any jurisdiction for any of the following offenses:
A. any forcible felony as defined by Article 2-8 of the Illinois Criminal Code of 2012, codified at 720 ILCS 5/2-8;
B. any controlled substance trafficking (as provided in 720 ILCS 570/401.1 or comparable law) or trafficking in persons (as provided in 720 ILCS 5/10-9 or comparable law);
C. operating a motor vehicle under the influence of a controlled substance, cannabis, alcohol or other substance which impairs one's ability to safely operate a motor vehicle (as provided in 625 ILCS 5/11-501 or comparable law);
D. criminal sexual assault (as provided in 720 ILCS 5/11-1.20 or comparable law), criminal sexual abuse (as provided in 720 ILCS 5/11-1.50 or comparable law), promoting prostitution (as provided in 720 ILCS 5/11-14.3 or comparable law), child pornography (as provided in 720 ILCS 5/11-20.1 or comparable law), stalking (as provided in 720 ILCS 5/12-7.3 or comparable law), or any similar offense;
E. unlawful use or possession of a weapon or firearm (as provided in Chapter 24 of the Illinois Criminal Code of 2012 or comparable law);
F. arson (as provided in 720 ILCS 5/20-1 or comparable law);
G. racketeering or organized criminal activity (as provided in 720 ILCS 5/33G-1, et seq., or comparable law); or
H. any crime that raises public safety concerns, as determined by the Commissioner; and
(vi) has not been: (i) required to register as a sex offender pursuant to the Sex Offender Registration Act (730 ILCS 150/1, et seq.) or a comparable law of another jurisdiction; or (ii) required to register as a violent offender against youth pursuant to the Murderer and Violent Offender Against Youth Registration Act (730 ILCS 154/1, et seq.) or a comparable law of another jurisdiction; or (iii) sentenced by a court of any jurisdiction to a life-time parole or supervision; or (iv) currently under an outstanding arrest warrant issued by a court of any jurisdiction;
(vii) has not, within the 1-year period preceding the date of application, been convicted or released from incarceration, whichever occurs later, for any of the following offenses: (i) any non-forcible felony, as the term felony is defined in Section 2-7 of the Illinois Criminal Code of 2012, codified at 720 ILCS 5/2-7; (ii) identity theft; (iii) forgery or counterfeiting; or (iv) theft of property valued over $1,000;
(viii) has not had a previous public chauffeur license or restricted public chauffeur license application denied, rescinded, within the 12-month period preceding the date of application;
(ix) has not had his driver's license cancelled, suspended or revoked by any governing jurisdiction as a result of a driving-related incident within the 12-month period preceding the date of application;
(x) is not ineligible to operate a transportation network vehicle under Section 15 of the Transportation Network Providers Act, codified at 625 ILCS 57/15;
(xi) has not had a public chauffeur license or restricted public chauffeur license revoked by the City within the three years immediately preceding his application to be a driver; and
(xii) has not been listed as ineligible to be a transportation network driver by the Commissioner pursuant to Section 9-115-250(b) and rules promulgated thereto.
(2) An applicant who has been charged with the commission of a felony as defined in Section 2-7 of the Illinois Criminal Code of 2012, codified at 720 ILCS 5/2-7, or a felony in another jurisdiction, or any crime that raises public safety concerns, as determined by the Commissioner, shall not be eligible for a public chauffeur license until final disposition of such charges.
(3) Any conviction for a minor cannabis offense, as defined in Section 4-4-005, shall not disqualify an applicant.
(4) In addition to complying with other legal requirements, each transportation network provider licensee shall: (i) perform a criminal background check, as defined by Section 9-104-010, on each transportation network chauffeur license applicant; and (ii) obtain each transportation network chauffeur license applicant's driving record. The licensee shall submit to the Commissioner the name of each applicant eligible for the issuance or renewal of a transportation network chauffeur license, attesting, in an electronic form prescribed by the Commissioner that each such applicant meets all the requirements of subsection (b). In addition, any transportation network provider licensee shall, as the Commissioner determines by rule, transmit to the Department a background check report that the licensee or a third-party vendor has performed on each transportation network chauffeur license applicant. Nothing provided in this subsection shall be construed to prohibit the Commissioner from requesting any other information that the Commissioner may reasonably require in connection with the issuance or renewal of a license from a licensee or transportation network chauffeur license applicant.
(5) After receiving: (i) the attestation provided pursuant to subsection (b)(4), and (ii) any other application information, as the Commissioner deems appropriate, the Commissioner shall issue a transportation network chauffeur license, in a form prescribed by the Commissioner, to each applicant that the Commissioner determines to be eligible for such license. Each transportation network chauffeur license shall be issued for a maximum of a one-year period. The Commissioner is authorized to issue initial transportation network chauffeur licenses for less than a one-year period to establish an efficient system for issuing and renewing chauffeur licenses in a manner that the Commissioner determines by rule. Each transportation network chauffeur license shall bear the name and photograph of the licensee and a license number. No person shall alter, modify or replicate a transportation network chauffeur license without authorization by the Department.
(c) Each transportation network provider licensee shall maintain and enforce a zero-tolerance policy for intoxicating substances, which policy shall be approved by the Commissioner as a condition of the license. Such policy shall promote zero tolerance using a combination of appropriate means that may include education, random testing, assistance programs and counseling, among other measures.
(d) The Commissioner may, from time to time, require licensees to provide data, as the Commissioner prescribes, to audit and enforce their compliance with this chapter. Nothing provided in this subsection shall be construed to prohibit the Commissioner from taking other enforcement actions, as provided in this chapter, against any person that violates this chapter.
(e) The Commissioner has authority to investigate zero tolerance complaints that the Department receives through a 311 call or other equivalent complaint reporting mechanism and take appropriate actions to determine a transportation network chauffeur licensee's eligibility to operate a transportation network vehicle.
(f) If any licensee engages an ineligible driver, the licensee shall be liable for the violation of this section and shall also be jointly and severally liable with the ineligible driver for any violation of this chapter by the ineligible driver.
(g) Eligibility for engagement as a driver under this chapter shall be a continuing requirement for remaining so engaged.
(h) Each transportation network licensee shall annually establish, through a process determined by rules promulgated by the Commissioner, that each transportation network chauffeur licensee engaged by such transportation network provider does not owe debt to the City.
(i) All transportation network chauffeurs are required to have a sign visible to the passengers in the rear seat of the vehicle that reads, "for compliments and complaints, please call 311".
(j) In addition to conducting an initial background check on each transportation network chauffeur license applicant within the meaning of subsection (b)(4)(i) and (b)(4)(ii) of this section, a licensee shall: (i) perform an annual, or as requested by the Commissioner, new background checks on a randomly selected group of up to ten percent of the licensee's drivers, if the Commissioner determines that such check is warranted by the occurrence of an incident posing a threat to public safety; and (ii) perform bi-annual (twice a year), or as requested by the Commissioner, audit on the background checks that have been undertaken by the licensee, and submit the results of such audit to the Commissioner, in accordance with a process prescribed by rules, to ensure compliance with subsection (b)(4)(i) and (b)(4)(ii) of this section. The audit required under this subsection shall verify that the licensee has instituted procedures to ensure that its drivers have undergone a background check within the meaning of this subsection, and, upon request by the Commissioner, shall be accompanied by proof that the required background checks have been performed. Such proof shall be in the form and manner prescribed by the Commissioner in duly promulgated rules. Such rules may require that the bi-annual (or the requested) audit required under this subsection be conducted by a qualified, independent, third-party vendor identified by the Commissioner.
(k) A licensee, in compliance with applicable law, shall require a transportation network driver to verify his or her identity on the licensee's internet-enabled application or digital platform, using an identify verification process approved by the Commissioner after consultation with the Superintendent of Police, on a scheduled basis, as determined by rule, after a driver has initially been approved to drive, in order to continue providing transportation network services. Examples of an identity verification process may include, but are not limited to, use of facial recognition software, a social security trace, or multi-factor authentication of a driver operating a transportation network vehicle.
(l) A licensee, or one or more licensees acting in cooperation, shall analyze and semi-annually report to the Commissioner new technologies that potentially enhance the security of transportation network vehicle passengers.
(Added Coun. J. 5-28-14, p. 82771, § 1; Amend Coun. J. 10-28-15, p. 12122, § 10; Amend Coun. J. 6-22-16, p. 27771, § 6; Amend Coun. J. 11-9-16, p. 36266, § 8; Amend Coun. J. 2-22-17, p. 43916, Art. IX, § 2; Amend Coun. J. 11-21-17, p. 61755, Art. X, § 3; Amend Coun. J. 6-25-21, p. 31925, Art. VI, § 8)