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(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)
(a) Any licensee who violates this chapter or any rule promulgated hereunder shall be subject to a fine of not less than $500.00 and not more than $10,000.00 for each such violation. Each day that any violation shall continue shall be deemed a separate and distinct offense.
(b) Any person other than a licensee who violates any of the provisions of this chapter or any rule promulgated hereunder, shall be subject to a fine of not less than $100.00 and not more than $1,000.00 for each such violation. Each day that any violation shall continue shall be deemed a separate and distinct offense.
(c) In addition to fines, penalties for any violation of this chapter, as applicable, may include license suspension, rescission, non-renewal, revocation or vehicle impoundment.
(Added Coun. J. 5-28-14, p. 82771, § 1; Amend Coun. J. 11-21-17, p. 61755, Art. X, § 8)
(a) In addition to any other applicable penalty, the owner of record of any motor vehicle that is used for the transportation or the solicitation for the transportation of passengers for compensation in violation of section 9-115-020 shall be liable to the City for an administrative penalty of $2,000.00 plus any towing and storage fees applicable under Section 9-92-080. Any such vehicle shall be subject to seizure and impoundment pursuant to this section. This subsection shall not apply if the vehicle used in the violation was stolen at that time and the theft was reported to the appropriate police authorities within 24 hours after the theft was discovered or reasonably should have been discovered.
(b) Whenever a police officer has probable cause to believe that a vehicle is subject to seizure and impoundment pursuant to this section, the police officer shall provide for the towing of the vehicle to a facility controlled by the City or its agents. Before or at the time the vehicle is towed, the police officer shall notify any person identifying himself as the owner of the vehicle at the time of the alleged violation or any person who is found to be in control of the vehicle at the time of the alleged violation, if there is such person, of the fact of the seizure and of the vehicle owner's right to request a vehicle impoundment hearing to be conducted under Section 2-14-132 of this Code by serving such person with a copy of the vehicle impoundment seizure report.
(c) Section 2-14-132 shall apply whenever a motor vehicle is seized and impounded pursuant to this section.
(Added Coun. J. 5-28-14, p. 82771, § 1; Amend Coun. J. 7-22-20, p. 18957, § 6)
(a) Upon request, a driver shall display to the commissioner, or other person authorized to enforce this chapter, a physical or electronic record of a ride in progress sufficient to establish that it was a prearranged transportation service. To the extent that trip records are contained on electronic devices, drivers are not required to relinquish custody of the devices in order to make the required display.
(b) If any person files a complaint against a licensee or driver with the commissioner, in addition to all other powers and remedies provided under this Code, the commissioner's authorized staff shall have the right to inspect the licensee's records and transportation network vehicles associated with the licensee as necessary to investigate and resolve the complaint to the same extent the commissioner and the commissioner's authorized staff is permitted to inspect all other public passenger vehicles. If the complaint involves a driver not licensed as a public chauffeur by the city, the commissioner may provide the complaint to the licensee or licensees that engaged the driver. Nothing provided in this section shall be construed to prohibit the commissioner from investigating any complaint against a transportation network driver or from taking appropriate enforcement action in accordance with this Chapter, including the listing of such driver as ineligible to be a transportation network driver for purposes of Section 9-115-150(b)(1)(viii).
(c) The commissioner is authorized to enforce this chapter, and to adopt rules and regulations for the proper administration and enforcement of this chapter.
(d) Any fees imposed pursuant to rules authorized by this chapter shall be reasonably related to the City's cost of administration, and shall be effective, or amended, only after a 10-day notice and comment period.
(Added Coun. J. 5-28-14, p. 82771, § 1)