(a) In addition to all other applicable requirements provided by law, it shall be unlawful for any person:
(1) Who is under the age of twenty-one years to operate a transportation network vehicle;
(2) To operate a transportation network vehicle while under the influence of alcoholic beverages or controlled substances other than medication prescribed by a physician, provided that such prescribed medication does not warn that the user not operate machinery while taking the medication;
(3) To operate, or cause to be operated, a transportation network vehicle in any area where the operation of such vehicle is prohibited by applicable law;
(4) To operate a transportation network vehicle within the city while not in possession of a valid driver's license issued by a state, district or territory of the United States;
(5) To operate, or cause to be operated, a transportation network vehicle that does not meet the vehicle standard and inspection requirements specified in this chapter; or
(6) To transport or cause to be transported more than seven passengers on any given ride in a vehicle.
(b) No transportation network driver shall pick up a passenger on any portion of (1) O'Hare International Airport, Midway International Airport or McCormick Place unless the commissioner determines, in duly promulgated rules, following consultation with the commissioner of aviation, that such pickups can be accomplished in a manner that preserves security, public safety, the orderly flow of traffic and compliance with all applicable tax ordinances; and (2) designated taxicab stands or loading zones.
(c) No person may drink any alcoholic liquor while such person is operating or being transported by a transportation network vehicle, nor may any person transport, carry, possess or have any alcoholic liquor while being transported by a transportation network vehicle, except in the original package with the seal unbroken. For purposes of this subsection the term "alcoholic liquor" has the meaning ascribed to that term in Section 4-60-010.
(d) No licensee or transportation network driver shall solicit potential passengers. Transportation network vehicles may only be used to provide prearranged transportation service. For purposes of this subsection, the term "solicit" means an appeal by words or gestures for immediate patronage of a transportation network vehicle by a licensee or a transportation network driver upon the public way attempting to direct people to a transportation network vehicle that is parked, stopped, standing or moving upon the public way.
(e) No transportation network driver shall accept or respond to passengers' or potential passengers' requests for service via traditional street hail, including hand gestures and verbal statements.
(f) No transportation network vehicle shall be parked on any public way for a time longer than is reasonably necessary to accept passengers in answer to a prearranged transportation service and no passenger shall be accepted except as provided in subsection (d) of this section.
(g) The Internet-enabled application or digital platform used by a licensee to connect drivers and passengers shall display for a passenger: (1) the identification card of the transportation network driver; (2) a picture of the transportation network vehicle the driver is approved to use, including the license plate number of the vehicle, and the make, model and model year of the vehicle; (3) the city's 311 service center number the passenger may use to report complaints; and (4) whether smoking is permitted in the vehicle. If such application or digital platform allows drivers to rate their passengers, it shall have a feature that allows passengers to opt-out from being rated by drivers.
(h) Each licensee shall clearly disclose, on the licensee's on-line enabled application or digital platform and website, that the licensee is a transportation network provider. Additionally, the disclosure shall state that each licensee is required to maintain insurance policies as specified in Section 9-115-090.
(i) Each licensee shall provide proof of insurance policies required in Section 9-115-090 to each transportation network driver before the driver begins providing service and for as long as the driver remains available to provide service.
(j) (1) Licensees shall have an affirmative duty to respond to requests for service in underserved areas and to insure compliance with this subsection by the licensee's drivers. Licensees shall immediately report to the Commissioner any of the licensee's drivers who fails to comply with the requirements of this subsection.
(2) Any licensee shall have an affirmative duty to respond to requests for service and shall be responsible for the actions of any of its employees, transportation network drivers, or other person that reports to, or acts as an agent of, the licensee, for any failure to respond to a request for service.
(k) Each transportation network driver shall, in the transportation network vehicle at all times carry: (1) proof of the insurance policies required in Section 9-115-090 covering the vehicle; (2) an electronic or paper copy of the agreement or terms of service between the driver and the transportation network provider; (3) an electronic or paper copy of the City's ground transportation tax registration emblem for the vehicle to be able to immediately display to an officer or other authorized City personnel; and (4) an electronic or paper copy of the vehicle's distinctive emblem issued pursuant to Section 9-115-120(b).
(l) All licensees and drivers must comply with all Federal, State of Illinois and City of Chicago non-discrimination laws. No licensee shall discriminate against any potential or existing employee, driver or passenger on account of race, color, sex, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, marital status, parental status, military status or source of income, as defined in Section 6-10-020.
(m) Each transportation network driver shall comply with all Federal, State of Illinois and City of Chicago non-discrimination laws by accepting, without extra charge, riders with service animals.
(n) Any terms or conditions in the agreement between the licensee and the transportation network driver, or between the licensee and any customer, that would act as a waiver of the licensee's liability to the driver, the customer, or to the public, are declared to be contrary to public policy, null, void and unenforceable.
(o) Any terms or conditions in the agreement between a licensee and a transportation network driver that would prohibit the driver from engaging as a transportation network driver with other licensees are declared to be contrary to public policy, null, void and unenforceable.
(p) Transportation network vehicles shall be kept clean at all times they are used to provide a transportation network service.
(Added Coun. J. 5-28-14, p. 82771, § 1; Amend Coun. J. 10-28-15, p. 12062, Art. XI, § 5; Amend Coun. J. 2-10-16, p. 18514, § 18; Amend Coun. J. 11-21-17, p. 61755, Art. X, § 4; Amend Coun. J. 4-27-22, p. 46382, § 25)