(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 relevant information to the TNC
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
background check for each TNC driver that shall include:
(3)
Obtain and review a driving history research report for such individual;
(4)
Annually perform a follow-up criminal background check.
(b)
The
TNC shall not permit an individual to act as a TNC driver on its digital
platform who:
(1)
Has had more than three 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 seven 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 class B misdemeanor or higher such as theft, acts of violence
or acts of terror;
(3)
Is a match in the National Sex Offender Registry database;
(4)
Does not possess a valid driver’s license;
(5)
Does not possess proof of registration for the motor vehicle(s) used
to provide TNC services;
(6)
Does not possess proof of automobile liability insurance for the
motor vehicle(s) used to provide TNC services; or
(7)
Is not at least 19 years of age.
(c)
Audit.
For the sole purpose of verifying that a TNC is in compliance
with the requirements of this article, annually, the city shall have
the right to visually inspect a sample of records that the TNC is
required to maintain. The sample shall be chosen randomly by the city
or city council. The audit shall take place in the city. Any record
furnished to the city may exclude information that would tend to identify
specific drivers or riders.
(d)
Notification.
If a TNC becomes aware of a driver being involved in criminal
conduct, driving violations, or other circumstances that render the
driver ineligible to operate as a driver by virtue of no longer meeting
the criteria listed above, the TNC shall revoke such TNC driver’s
ability to access trip requests through the TNC’s digital platform
as soon as possible.
(Ordinance 2016-16 adopted 5/24/16)
The TNC shall require that any motor vehicle(s) that a TNC driver
will use to provide TNC services meets the requirements set forth
in V.T.C.A., Transportation Code, ch. 547 for vehicle safety equipment
and inspection.
(Ordinance 2016-16 adopted 5/24/16)
(a)
A
TNC and TNC drivers shall comply with the requirements of chapter
1954 of the Texas Insurance Code, as amended.
(b)
At
the time a TNC driver is logged on to the transportation network company’s
digital network and is available to receive transportation network
requests, as well as between prearranged rides, the minimum amounts
of liability insurance coverage required are:
(1)
$50,000.00 for bodily injury to or death for each person in an incident;
(2)
$100,000.00 for bodily injury to or death of a person per incident;
(3)
$25,000.00 for damage to or destruction of property of others in
an incident;
(4)
Uninsured or underinsured motorist coverage where required by Texas
Insurance Code section 1952.101; and
(5)
Personal injury protection coverage where required by Texas Insurance
Code section 1952.152.
(c)
At
the time a TNC driver is engaged in a prearranged ride, the automobile
insurance policy must provide, at a minimum:
(1)
Coverage with a total aggregate limit of liability of $1,000,000.00
for death, bodily injury and property damage for each incident;
(2)
Uninsured or underinsured motorist coverage where required by Texas
Insurance Code section 1952.101; and
(3)
Personal and injury protection coverage where required by Texas Insurance
Code section 1952.152.
(d)
If
an insurance policy maintained by a TNC driver has lapsed or does
not provide the required coverage, the TNC shall provide the coverage
required by this section beginning with the first dollar of a claim
against the driver.
(e)
Insurance
satisfying the requirements of this section satisfies the financial
responsibility requirement for an automobile under chapter 601, Transportation
Code.
(Ordinance 2016-16 adopted 5/24/16)
A TNC shall disclose in writing to TNC drivers, as part of its
agreement with those drivers, the insurance coverage and limits of
liability that the TNC provides while the driver uses a personal vehicle
in connection with a TNC’s online-enabled digital network. A
TNC shall also disclose in writing to participating drivers, as part
of its agreement with those drivers, that the driver’s own automobile
insurance policy might not provide coverage while the TNC driver uses
a vehicle in connection with a TNC’s digital network depending
on its terms.
(Ordinance 2016-16 adopted 5/24/16)
