[Ord. No. 8052, 2-28-2018]
The purpose of this Chapter is to ensure the safety, reliability
and cost-effectiveness of transportation network company (TNC) services
within the jurisdiction of Maryville and to preserve and enhance access
to these important transportation options for residents and visitors
to Maryville.
[Ord. No. 8052, 2-28-2018]
TNCs or TNC drivers are not common carriers, contract carriers
or motor carriers, as defined in this Chapter or Chapter 390, RSMo.,
taxicab, a taxicab service or association, or a vehicle for hire service.
A TNC driver shall not be required to register the TNC vehicle such
driver uses to provide prearranged rides as a commercial or vehicle
for hire.
[Ord. No. 8052, 2-28-2018]
A TNC shall not operate in the City of Maryville without first
having obtained a permit from the Missouri Department of Revenue.
A TNC must also maintain an agent for service of process in the State
of Missouri.
[Ord. No. 8052, 2-28-2018]
On behalf of a TNC driver, a TNC may charge a fare for the services
provided to passengers; provided that, if a fare is collected from
a passenger, the TNC shall disclose to passengers the fare calculation
method on its website or within the software application service.
The TNC shall also 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.
[Ord. No. 8052, 2-28-2018]
The TNC's digital network shall display a picture of the
TNC driver and the license plate number of the motor vehicle utilized
for providing prearranged rides before the rider enters the TNC driver's
vehicle.
[Ord. No. 8052, 2-28-2018]
A.
Within a reasonable period of time following the completion of a
trip, a TNC shall transmit an electronic receipt to the passenger
on behalf of the TNC driver that lists:
[Ord. No. 8052, 2-28-2018]
A.
All TNC drivers shall be independent contractors and not employees
of the TNC if all of the following conditions are met:
1.
The TNC does not prescribe specific hours during which a TNC
driver must be logged into the TNC's digital network;
2.
The TNC imposes no restrictions on the TNC driver's ability
to utilize digital networks from other TNCs; and
3.
The TNC does not restrict a TNC driver from engaging in any
other occupation or business.
4.
The TNC and TNC driver agree in writing that the driver is an
independent contractor with respect to the TNC.
5.
Except when agreed to by written contract, a TNC driver is not
an agent of the TNC.
[Ord. No. 8052, 2-28-2018]
A.
A TNC shall implement a zero tolerance intoxicating substance policy
for TNC drivers that disallows any amount of intoxication of the TNC
driver while providing transportation network services. 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 rider
was matched and whom the rider reasonably suspects was under the influence
of drugs or alcohol during the course of the trip.
B.
Upon receipt of such rider complaint alleging a violation of the
zero tolerance policy, the TNC shall immediately suspend such TNC
ability to accept trip requests through the TNC's digital network
as soon as possible, and shall conduct an investigation into the reported
incident. The suspension shall last the duration of the investigation.
C.
The TNC shall maintain records relevant to the enforcement of this
requirement for a period of at least two (2) years from the date that
a rider complaint is received by the TNC.
[Ord. No. 8052, 2-28-2018]
A.
Before allowing an individual to accept trip requests through a TNC's
digital network, the TNC shall:
1.
Require the individual to register with the TNC by submitting
information regarding his or her address, age, driver's license,
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 background check for each applicant that shall include:
3.
Obtain and review, or have a third party obtain and review,
a driving history research report for such individual.
B.
The TNC shall not permit an individual to act as a TNC driver on
its digital network who:
1.
Has had more than three (3) moving violations in the prior three-year
period, or one (1) major violation in the prior three-year period
(including, but not limited to, attempting to evade a Law Enforcement
Officer, reckless driving, or driving on a suspended or revoked license);
2.
Has been convicted, within the past seven (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, and/or theft, an act of violence, or an act of terror;
3.
Is a match in the United States Department of Justice National
Sex Offender public website;
4.
Does not possess a valid driver's license;
5.
Does not possess proof of registration for the motor vehicle
or vehicles used to provide prearranged rides;
6.
Does no possess proof of automobile liability insurance for
the motor vehicle or vehicles used to provide prearranged rides; or
7.
Is not at least nineteen (19) years of age.
C.
A TNC driver who is qualified to accept trip requests through a TNC's
digital network under this Section shall not be required to obtain
any other State or local license or permit to provide prearranged
rides.
[Ord. No. 8052, 2-28-2018]
A TNC shall not allow a TNC driver to accept trip requests through
the TNC's digital network unless any motor vehicle or vehicles
that a TNC driver will use to provide prearranged rides meets the
inspection requirements of Section 307.350, RSMo.
[Ord. No. 8052, 2-28-2018]
A TNC driver shall not solicit or accept street hails.
[Ord. No. 8052, 2-28-2018]
A.
A TNC shall adopt a policy of non-discrimination with respect to
riders and potential riders and notify TNC drivers of such policy.
B.
TNC drivers shall comply with all applicable laws regarding non-discrimination
against riders or potential riders.
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.
[Ord. No. 8052, 2-28-2018]
A.
A TNC shall maintain the following customer records:
