The following definitions and phrases, when used in this article,
have the meanings respectively ascribed to them in this section, except
where the context clearly indicates a different meaning:
Any online-enabled application or system offered or used
by a transportation network company that enables a prearranged ride
with a transportation network company driver.
The ability of the transportation network company (TNC) to
adjust pricing when market demand has increased and the TNC desires
to attract more TNC drivers to make themselves available to accept
passengers. Surge pricing can be turned off in the event of a public
emergency.
The transportation network company (TNC) provides a fare
estimate feature so the TNC rider/passenger can check the price of
the fare in advance.
The permission granted by the city to operate a TNC inside
the city for a period of one year, renewable under the provisions
of this chapter. The permit term shall automatically renew for additional
terms of one (1) year upon payment of fees, unless a party sends written
notice of termination to the other party at least thirty (30) days
prior to the end of the then current term.
A vehicle that is used by a transportation network company
driver and is:
Passenger transportation provided by a transportation network
company driver to a transportation network company rider or passenger,
beginning at the time a driver accepts a ride requested by a rider
or passenger through a digital network controlled by a transportation
network company and ending at the time such rider departs from the
driver’s vehicle. The term does not include:
A corporation, partnership, sole proprietorship, or other
entity operating in this state that uses a digital network to connect
a transportation network company rider to a transportation network
company driver for a prearranged ride. A transportation network company
shall not be deemed to control, direct, or manage the personal vehicles
or transportation network company drivers that connect to its digital
network, except where agreed to by written contract. The term does
not include an entity arranging nonemergency medical transportation
under a contract with the state or a managed care organization for
individuals qualifying for Medicaid or Medicare.
An individual who:
Receives connections to potential transportation network company
riders and related services from a transportation network company
in exchange for payment of a fee to the company; and
Uses a personal vehicle to offer or provide a prearranged ride
to a transportation network company rider on connection with the rider
through a digital network controlled by the company in exchange for
compensation or payment of a fee.
An individual in the city, who uses a TNC’s digital
network to connect with a TNC driver who provides a prearranged ride
to the individual in the driver’s personal vehicle between points
chosen by the individual.
Transportation of a passenger between points chosen by the
passenger, commencing in the city, 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,
continues while the TNC driver transports the passenger in the TNC
driver’s vehicle, and ends when the passenger exits the TNC
driver’s vehicle. TNC service is not a taxicab or street hail
service.
(Ordinance 2016-16 adopted 5/24/16)
(a)
A TNC
or TNC driver 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. The TNC shall also provide passengers with the
option to receive an estimated fare before the passenger enters the
TNC driver’s vehicle.
(b)
If
a TNC utilizes dynamic pricing through its software application to
incentivize drivers in an effort to maximize the supply of available
vehicles on the network to match the demand for rides and increase
reliability, the software application must:
(1)
Provide clear and visible indication to the passenger that dynamic
pricing is in effect prior to requesting a ride;
(2)
Include a feature that informs riders that dynamic pricing will be
applied prior to the ride request being completed;
(3)
Provide a fare estimator that enables the user to estimate the cost
under dynamic pricing prior to requesting the ride.
(Ordinance 2016-16 adopted 5/24/16)
The TNC must maintain an agent for service of process in the
state.
(Ordinance 2016-16 adopted 5/24/16)
Once a TNC ride is accepted by a TNC driver, the TNC’s
software application or website shall display the driver’s first
name, an accurate picture of the TNC driver, a picture or description
of the vehicle and the license plate number of the motor vehicle utilized
for providing the TNC service.
(Ordinance 2016-16 adopted 5/24/16)
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.
(Ordinance 2016-16 adopted 5/24/16)
(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,
and shall provide notice of this 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.
(b)
Upon
receipt of such passenger complaint alleging a violation of the zero
tolerance policy, the TNC shall suspend such TNC driver’s ability
to accept trip requests through the TNC’s digital platform as
soon as possible, and shall conduct an investigation into the reported
incident. The suspension shall last the duration of the investigation.
In the event the TNC driver is found guilty of said violation, the
TNC driver shall immediately be removed from the TNC’s platform
and have their ability to access the TNC’s digital network revoked.
(c)
The
TNC shall maintain records relevant to the enforcement of this requirement
for a period of at least two years from the date that a passenger
complaint is received by the TNC.
(Ordinance 2016-16 adopted 5/24/16)
A TNC driver shall exclusively accept rides booked through a
TNC’s digital network and shall not solicit or accept street
hails.
(Ordinance 2016-16 adopted 5/24/16)
The TNC shall adopt a policy prohibiting solicitation or acceptance
of cash payments from passengers and notify TNC drivers of such policy.
TNC drivers shall not solicit or accept cash payments from passengers.
Any payment for TNC services shall be made only electronically using
the TNC’s digital network or software application.
(Ordinance 2016-16 adopted 5/24/16)
(a)
The
TNC shall adopt a policy of nondiscrimination 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 and notify TNC drivers of such
policy.
(b)
TNC
drivers shall comply with all applicable laws regarding nondiscrimination
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.
(Ordinance 2016-16 adopted 5/24/16)
(a)
A
TNC shall maintain:
(1)
Individual trip records which must include driver and passenger identity
information for at least one year from the date each trip was provided;
and
(2)
TNC driver records at least until the one-year anniversary of the
date on which a TNC driver’s activation on the TNC digital network
has ended.
(b)
Within
seven (7) business days of the receipt of a duly issued subpoena,
court order or warrant relating to investigation of a criminal matter,
or within a longer period of time if agreed to by the parties, the
TNC shall furnish the requested records to the chief of police. In
response to a specific complaint against any TNC driver or TNC, the
city is authorized to inspect records held by the TNC that are necessary
to investigate and resolve the complaint. The TNC and agency shall
endeavor to have the inspection take place at a mutually agreed upon
location. Any record furnished to the city may exclude information
that would tend to identify specific drivers or riders, unless the
identity of a driver or rider is directly relevant to the complaint.
(c)
In
the event that the TNC has specifically noted that a document is confidential
and proprietary, and the city has received a formal request to inspect
or copy information that may be subject to exception under sections
of the Public Information Act, the city will process the request per
the Public Information Act by requesting an attorney general decision
under section 552.301 and providing notice to the TNC regarding the
request.
(Ordinance 2016-16 adopted 5/24/16)
A TNC shall not disclose a passenger’s personal identity
information to a third party unless: the passenger consents, disclosure
is required by a legal obligation, or disclosure is required to protect
or defend the terms of use of the service or to investigate violations
of those terms. In addition to the foregoing, a TNC shall be permitted
to share a passenger’s name and/or anonymized telephone number
with the TNC driver providing TNC services to such passenger in order
to facilitate correct identification of the passenger by the TNC driver,
or to facilitate communication between the passenger and the TNC driver.
(Ordinance 2016-16 adopted 5/24/16)
