SB3752 102ND GENERAL ASSEMBLY

LRB102 23379 RAM 32547 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3752

Introduced 1/21/2022, by Sen. Rachelle Crowe

SYNOPSIS AS INTRODUCED:

625 ILCS 57/25
625 ILCS 57/27 new

Amends the Transportation Network Providers Act. Provides that a TNC vehicle must display a consistent and distinctive signage or emblem, which shall be known as a trade dress, at all times the TNC driver is active on the TNC digital platform or providing TNC services. Provides that the trade dress must be readable during daylight hours at a distance of 50 feet, must include an illuminated TNC-provided sign displaying the company's proprietary trademark or logo that is patently visible so as to be seen in the darkness, and may be magnetic or removable in nature. Provides that all TNC trade dress items shall be returned to the TNC when a TNC driver ceases providing TNC services on behalf of the TNC. Provides that, if a TNC driver cannot return a TNC-provided trade dress item or items, he or she may provide a signed and witnessed affidavit explaining why the particular trade dress item or items cannot be returned. Provides that a TNC shall not permit an individual to act as a TNC driver on its digital platform for more than 10 hours out of a 24-hour period.

A BILL FOR

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Transportation Network Providers Act is amended by changing Section 25 and by adding Section 27 as follows:

(625 ILCS 57/25)

(Section scheduled to be repealed on January 1, 2023)

Sec. 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.

(f) The TNC shall not permit an individual to act as a TNC driver on its digital platform for more than 10 hours out of a 24-hour period.

(Source: Reenacted by P.A. 101-660, eff. 4-2-21.)

(625 ILCS 57/27 new)

Sec. 27. Signage.

(a) A vehicle operated by a TNC driver shall display a consistent and distinctive signage or emblem, which shall be known as a trade dress, at all times the TNC driver is active on the TNC digital platform or providing TNC services. The trade dress:

(1) shall be readable during daylight hours at a distance of 50 feet;

(2) shall include an illuminated TNC-provided sign displaying the company's proprietary trademark or logo that is patently visible so as to be seen in the darkness; and

(3) may be magnetic or removable in nature.

(b) All TNC trade dress items, including, but not limited to, the illuminated signage described in subsection (a), shall be returned to the TNC when a driver ceases providing TNC services on behalf of the TNC. If a driver is unable to return a TNC-provided trade dress item or items, he or she may provide a signed and witnessed affidavit explaining why the particular trade dress item or items cannot be returned.