|
Public Act 098-1173
|
| SB2774 Enrolled | LRB098 17851 ZMM 52975 b |
|
|
AN ACT concerning regulation.
|
Be it enacted by the People of the State of Illinois,
|
represented in the General Assembly:
|
Section 1. Short title. This Act may be cited as the |
Transportation Network Providers Act.
|
Section 5. Definitions. |
"Transportation network company" or "TNC" means an entity |
operating in this State that uses a digital network or software |
application service to connect passengers to transportation |
network company services provided by transportation network |
company drivers. A TNC is not deemed to own, control, operate, |
or manage the vehicles used by TNC drivers, and is not a |
taxicab association or a for-hire vehicle owner. |
"Transportation network company driver" or "TNC driver" |
means an individual who operates a motor vehicle that is: |
(1) owned, leased, or otherwise authorized for use by |
the individual; |
(2) not a taxicab or for-hire public passenger vehicle; |
and |
(3) used to provide transportation network company |
services. |
"Transportation network company services" or "TNC |
services" means transportation of a passenger between points |
|
chosen by the passenger and prearranged with a TNC driver |
through the use of a TNC digital network or software |
application. TNC services shall begin when a TNC driver accepts |
a request for transportation received through the TNC's digital |
network or software application service, continue while the TNC |
driver transports the passenger in the TNC driver's vehicle, |
and end when the passenger exits the TNC driver's vehicle. TNC |
service is not a taxicab, for-hire vehicle, or street hail |
service.
|
Section 10. Insurance. |
(a) Transportation network companies and participating TNC |
drivers shall comply with the automobile liability insurance |
requirements of this Section as required. |
(b) The following automobile liability insurance |
requirements shall apply from the moment a participating TNC |
driver logs on to the transportation network company's digital |
network or software application until the TNC driver accepts a |
request to transport a passenger, and from the moment the TNC |
driver completes the transaction on the digital network or |
software application or the ride is complete, whichever is |
later, until the TNC driver either accepts another ride request |
on the digital network or software application or logs off the |
digital network or software application: |
(1) Automobile liability insurance shall be in the |
amount of at least $50,000 for death and personal injury |
|
per person, $100,000 for death and personal injury per |
incident, and $25,000 for property damage. |
(2) Contingent automobile liability insurance in the |
amounts required in paragraph (1) of this subsection (b) |
shall be maintained by a transportation network company and |
provide coverage in the event a participating TNC driver's |
own automobile liability policy excludes coverage |
according to its policy terms or does not provide at least |
the limits of coverage required in paragraph (1) of this |
subsection (b). |
(c) The following automobile liability insurance |
requirements shall apply from the moment a TNC driver accepts a |
ride request on the transportation network company's digital |
network or software application until the TNC driver completes |
the transaction on the digital network or software application |
or until the ride is complete, whichever is later:
|
(1) Automobile liability insurance shall be primary |
and in the amount of $1,000,000 for death, personal injury, |
and property damage. The requirements for the coverage |
required by this paragraph (1) may be satisfied by any of |
the following:
|
(A) automobile liability insurance maintained by a |
participating TNC driver;
|
(B) automobile liability company insurance |
maintained by a transportation network company; or
|
(C) any combination of subparagraphs (A) and (B).
|
|
(2) Insurance coverage provided under this subsection |
(c) shall also provide for uninsured motorist coverage and |
underinsured motorist coverage in the amount of $50,000 |
from the moment a passenger enters the vehicle of a |
participating TNC driver until the passenger exits the |
vehicle.
|
(3) The insurer, in the case of insurance coverage |
provided under this subsection (c), shall have the duty to |
defend and indemnify the insured.
|
(4) Coverage under an automobile liability insurance |
policy required under this subsection (c) shall not be |
dependent on a personal automobile insurance policy first |
denying a claim nor shall a personal automobile insurance |
policy be required to first deny a claim. |
(d) In every instance when automobile liability insurance |
maintained by a participating TNC driver to fulfill the |
insurance obligations of this Section has lapsed or ceased to |
exist, the transportation network company shall provide the |
coverage required by this Section beginning with the first |
dollar of a claim. |
(e) This Section shall not limit the liability of a |
transportation network company arising out of an automobile |
accident involving a participating TNC driver in any action for |
damages against a transportation network company for an amount |
above the required insurance coverage. |
(f) The transportation network company shall disclose in |
|
writing to TNC drivers, as part of its agreement with those TNC |
drivers, the following:
|
(1) the insurance coverage and limits of liability that |
the transportation network company provides while the TNC |
driver uses a vehicle in connection with a transportation |
network company's digital network or software application; |
and
|
(2) that the TNC driver's own insurance policy may not |
provide coverage while the TNC driver uses a vehicle in |
connection with a transportation network company digital |
network depending on its terms. |
(g) An insurance policy required by this Section may be |
placed with an admitted Illinois insurer, or with an authorized |
surplus line insurer under Section 445 of the Illinois |
Insurance Code; and is not subject to any restriction or |
limitation on the issuance of a policy contained in Section |
445a of the Illinois Insurance Code. |
(h) Any insurance policy required by this Section shall |
satisfy the financial responsibility requirement for a motor |
vehicle under Sections 7-203 and 7-601 of the Illinois Vehicle |
Code.
|
Section 15. Driver requirements. |
(a) Prior to permitting an individual to act as a TNC |
driver on its digital platform, the TNC shall: |
(1) require the individual to submit an application to |
|
the TNC, which includes information regarding his or her |
address, age, driver's license, driving history, motor |
vehicle registration, automobile liability insurance, and |
other information required by the TNC; |
(2) conduct, or have a third party conduct, a local and |
national criminal history background check for each |
individual applicant that shall include: |
(A) Multi-State or Multi-Jurisdictional Criminal |
Records Locator or other similar commercial nationwide
|
database with validation (primary source search); and
|
(B) National Sex Offenders Registry database; and |
(3) obtain and review a driving history research report |
for the individual. |
(b) The TNC shall not permit an individual to act as a TNC |
driver on its digital platform who: |
(1) has had more than 3 moving violations in the prior |
three-year period, or one major violation in the prior |
three-year period including, but not limited to, |
attempting to evade the police, reckless driving, or |
driving on a suspended or revoked license; |
(2) has been convicted, within the past 7 years, of |
driving under the influence of drugs or alcohol, fraud, |
sexual offenses, use of a motor vehicle to commit a felony, |
a crime involving property damage, or theft, acts of |
violence, or acts of terror; |
(3) is a match in the National Sex Offenders Registry |
|
database; |
(4) does not possess a valid driver's license; |
(5) does not possess proof of registration for the |
motor vehicle used to provide TNC services; |
(6) does not possess proof of automobile liability |
insurance for the motor vehicle used to provide TNC |
services; or |
(7) is under 19 years of age.
|
Section 20. Non-discrimination. |
(a) The TNC shall adopt and notify TNC drivers of a policy |
of non-discrimination on the basis of destination, race, color, |
national origin, religious belief or affiliation, sex, |
disability, age, sexual orientation, or gender identity with |
respect to passengers and potential passengers. |
(b) TNC drivers shall comply with all applicable laws |
regarding non-discrimination against passengers or potential |
passengers on the basis of destination, race, color, national |
origin, religious belief or affiliation, sex, disability, age, |
sexual orientation, or gender identity. |
(c) TNC drivers shall comply with all applicable laws |
relating to accommodation of service animals. |
(d) A TNC shall not impose additional charges for providing |
services to persons with physical disabilities because of those |
disabilities. |
(e) A TNC shall provide passengers an opportunity to |
|
indicate whether they require a wheelchair accessible vehicle. |
If a TNC cannot arrange wheelchair-accessible TNC service in |
any instance, it shall direct the passenger to an alternate |
provider of wheelchair-accessible service, if available. |
(f) If a unit of local government has requirements for |
licensed chauffeurs not to discriminate in providing service in |
under-served areas, TNC drivers participating in TNC services |
within that unit of local government shall be subject to the |
same non-discrimination requirements for providing service in |
under-served areas.
|
Section 25. Safety. |
(a) The TNC shall implement a zero tolerance policy on the |
use of drugs or alcohol while a TNC driver is providing TNC |
services or is logged into the TNC's digital network but is not |
providing TNC services. |
(b) The TNC shall provide notice of the zero tolerance |
policy on its website, as well as procedures to report a |
complaint about a driver with whom a passenger was matched and |
whom the passenger reasonably suspects was under the influence |
of drugs or alcohol during the course of the trip. |
(c) Upon receipt of a passenger's complaint alleging a |
violation of the zero tolerance policy, the TNC shall |
immediately suspend the TNC driver's access to the TNC's |
digital platform, and shall conduct an investigation into the |
reported incident. The suspension shall last the duration of |
|
the investigation. |
(d) The TNC shall require that any motor vehicle that a TNC |
driver will use to provide TNC services meets vehicle safety |
and emissions requirements for a private motor vehicle in this |
State. |
(e) TNCs or TNC drivers are not common carriers, contract |
carriers or motor carriers, as defined by applicable State law, |
nor do they provide taxicab or for-hire vehicle service.
|
Section 30. Operational. |
(a) A TNC may charge a fare for the services provided to |
passengers; provided that, if a fare is charged, the TNC shall |
disclose to passengers the fare calculation method on its |
website or within the software application service. |
(b) The TNC shall provide passengers with the applicable |
rates being charged and the option to receive an estimated fare |
before the passenger enters the TNC driver's vehicle. |
(c) The TNC's software application or website shall display |
a picture of the TNC driver, and the license plate number of |
the motor vehicle utilized for providing the TNC service before |
the passenger enters the TNC driver's vehicle. |
(d) Within a reasonable period of time following the |
completion of a trip, a TNC 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, if any. |
(e) Dispatches for TNC services shall be made only to |
eligible TNC drivers under Section 15 of this Act who are |
properly licensed under State law and local ordinances |
addressing these drivers if applicable. |
(f) A taxicab may accept a request for transportation |
received through a TNC's digital network or software |
application service, and may charge a fare for those services |
that is similar to those charged by a TNC.
|
Section 35. The Ridesharing Arrangements Act is amended by |
changing Section 2 as follows:
|
(625 ILCS 30/2) (from Ch. 95 1/2, par. 902)
|
Sec. 2.
(a) "Ridesharing arrangement" means the |
transportation by motor
vehicle of not more than 16 persons |
(including the driver):
|
(1) for purposes incidental to another purpose of the |
driver, for which
no fee is charged or paid except to reimburse |
the driver or owner of the
vehicle for his operating expenses |
on a nonprofit basis; or
|
(2) when such persons are travelling between their homes |
and their places
of employment, or places reasonably convenient |
thereto, for which (i) no
fee is charged or paid except to |
reimburse the driver or owner of the vehicle
for his operating |
expenses on a nonprofit basis, or (ii) a fee is charged
in |