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(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)
(a) Indebtedness: All licensees must be in good standing with the City in reference to debt pursuant to and as defined in section 4-4-150 of this Code.
(b) Child support: All licensees must be in compliance with court-ordered child support pursuant to and as defined in section 4-4-152 of this Code.
(Added Coun. J. 6-25-21, p. 31925, Art. VI, § 8)
(a) All licensees must implement processes to ensure that no transportation network driver operates a transportation network vehicle for more than 12 hours within a given 24 hour period.
(b) No transportation network vehicle driver shall operate a transportation network vehicle for one or more licensees for more than 12 hours within a given 24 hour period.
(c) Except for wheelchair-accessible transporta-tion network vehicles, no vehicle shall be used as a transportation network vehicle by one or more drivers for more than 12 hours within a given 24 hour period.
(d) All licensees must implement processes to ensure that a driver who has operated a transportation network vehicle for 12 consecutive hours shall not operate a transportation network vehicle for a minimum of 8 consecutive hours thereafter.
(Added Coun. J. 5-28-14, p. 82771, § 1; Amend Coun. J. 11-21-17, p. 61755, Art. X, § 5; Amend Coun. J. 6-25-21, p. 31925, Art. VI, § 8)
It is unlawful for any person to interfere with or hinder or prevent the Commissioner from discharging any duty in the enforcement of any provision of this Code under the jurisdiction of the Commissioner.
(Added Coun. J. 6-25-21, p. 31925, Art. VI, § 8)
(a) Licensees may charge compensation for service based on distance travelled or time elapsed during service, or based on distance travelled and time elapsed during service, or a flat prearranged fare, or a suggested donation.
(b) Any licensee shall display the licensee's fare rate, including any charge or fee associated with the fare, on such licensee's website and Internet-enabled application or digital platform used by the licensee to connect drivers and passengers. In addition, any licensee shall display a button for displaying a fare quote for any requested trip on the licensee's Internet-enabled application or digital platform in the same size and graphics as the licensee's trip request button.
(c) Except as otherwise provided in Section 9-114-265, it is unlawful for a licensee or transportation network driver to charge passengers a fare greater than the fare rate shown on the licensee's Internet-enabled application or digital platform.
(d) Within a reasonable time following the completion of a trip, a licensee shall transmit an electronic receipt to the passenger that lists:
(1) the origin and destination of the trip;
(2) the total time and distance of the trip; and
(3) an itemization of the total fare paid.
(Added Coun. J. 5-28-14, p. 82771, § 1; Amend Coun. J. 11-21-17, p. 61755, Art. X, § 6; Amend Coun. J. 11-26-19, p. 11514, Art. VIII, § 2)
(a) Every licensee shall keep accurate books and records of account of the licensee’s operations at the licensee’s place of business in the City for a minimum of three years. Such records shall be submitted for inspection upon the request of the Commissioner. Such records shall also be maintained in accordance with section 3-4-170 of this Code, and shall be produced in an electronic format or any other format required by the City.
(b) Each licensee shall provide the following data to the Commissioner, at such times and in a format and manner prescribed by the Commissioner in rules:
(1) Trip request data. A record of each request for a trip made through the licensee’s Internet-enabled application or digital platform by a potential passenger;
(2) Trip data. A record of each trip which shows where a passenger is picked up and dropped off;
(3) Driver data. A record of each of the licensee’s drivers who is authorized to pick up passengers using the licensee’s Internet-enabled application or digital platform;
(4) Session data. A record of each driver session on the licensee’s Internet-enabled application or digital platform. For purposes of this section, a driver’s session begins when a licensee’s driver activates a mode in the licensee’s Internet-enabled application or digital platform, signaling the driver’s readiness to receive and respond to trip requests. For purposes of this section, a driver’s session ends when the driver deactivates the mode and is no longer able to receive and respond to trip requests;
(5) Vehicle data. A record of each vehicle that is used by each of the licensee’s drivers for picking up passengers through the licensee’s Internet-enabled application or digital platform;
(6) Location data. For every transportation network vehicle and driver combination, location snapshots captured at specified intervals for all times the driver is in session, as defined in subsection (b)(4). Each snapshot shall indicate the vehicle’s precise location and corresponding date and time;
(7) Compensation data. A record of each of the licensee’s drivers who is paid an hourly rate, and any other record needed to capture actual driver pay information that is not reflected in licensee’s hourly rate compensation records;
(8) Communication data. A record of each push notification or other message sent from the licensee to the licensee’s drivers or customers intended to influence the drivers’ movement or customers’ behavior, exclusive of communication data regarding a customer’s trip request and associated response; and
(9) Real-time data. Only for purposes of law enforcement or emergency response, real-time tracking of the licensee’s drivers and vehicles, including access to the driver’s identifying information, GPS location data, and whether or not the driver is engaged with a passenger. If specialized hardware or software is required for real-time tracking, the licensee shall provide the specialized hardware or software to the City.
(c) In addition to the requirements set forth in subsection (b) of this section and subject to subsection (d) of this section, the Commissioner may by rule require licensees to report data that the Commissioner deems to be reasonably necessary to enforce or administer this Chapter, or the ground transportation tax imposed in Chapter 3-46 of this Code.
(d) This section shall not be construed to require licensees to provide personally identifiable passenger information to the Commissioner. This subsection shall be construed to allow the Commissioner to require licensees to provide GPS or any other location data regarding the physical location of the licensee’s vehicles as specified in this section or rules promulgated hereunder.
(e) Each data submission to the City pursuant to this section and any rules promulgated hereunder shall be accompanied by an attestation, made under penalty of perjury, that the data submitted is accurate and complete.
(Added Coun. J. 5-28-14, p. 82771, § 1; Amend Coun. J. 10-28-15, p. 12122, § 9; Amend Coun. J. 11-21-17, p. 61755, Art. X, § 7; Amend Coun. J. 11-26-19, p. 11514, Art. VIII, § 2)
(a) The Commissioner may seek all applicable penalties, including but not limited to fines, license suspension, and license revocation in addition to restitution or other equitable relief against any licensee or any transportation network chauffeur who violates this chapter or any rules or regulations adopted pursuant to this chapter.
(b) The Commissioner shall promulgate rules and regulations regarding the lengths of suspension and the amounts of fines to be imposed, and the types of equitable relief to be ordered, for specific violations or license types. Before any suspension or revocation or fine is imposed, or equitable relief is ordered, the licensee or any transportation network chauffeur shall be notified of the specific charges against him and of his right to a hearing in accordance with Chapter 2-14 of the Code.
(c) (1) If the Commissioner has information provided by a law enforcement agency or any court of law that a licensee or any transportation network chauffeur has been charged with the commission of: (1) a felony, as defined in Article 2 of the Illinois Criminal Code of 2012, codified at 720 ILCS 5/2-0.5 et seq., or a felony in another jurisdiction; or (2) an alleged act that raises concerns of public safety; or if a licensee or transportation network chauffeur is under an outstanding arrest warrant issued by a court of any jurisdiction, the Commissioner shall immediately suspend all licenses of the licensee or the transportation network chauffeur until final adjudication is made with respect to such charges.
(2) Whenever a transportation network chauffeur's driver's license has been revoked, suspended or otherwise invalidated by the Illinois Secretary of State or other similar authorized agency, the transportation network chauffeur shall be subject to automatic suspension from driving a transportation network vehicle for the same period that the driver's license is revoked, suspended or otherwise invalidated.
(d) Any person whose transportation network provider license or transportation network chauffeur license is revoked under this chapter shall be ineligible to receive another transportation network provider license or transportation network chauffeur license under the same or a different name for a period of three years following revocation.
(Added Coun. J. 5-28-14, p. 82771, § 1; Amend Coun. J. 6-25-21, p. 31925, Art. VI, § 8)
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