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DRAFT FOR PUBLIC COMMENT
PUBLIC PASSENGER VEHICLE, OTHER THAN TAXICABS, LICENSE HOLDER RULES AND REGULATIONS
City of Chicago Rahm Emanuel, Mayor Department of Business Affairs and Consumer Protection Rosemary Krimbel, Commissioner
These Public Passenger Vehicle License Holder Rules and Regulations supersede all previously issued Rules and Regulations for Public Passenger Vehicle License Holders and Charter/Sightseeing Vehicles.
PUBLIC PASSENGER VEHICLE, OTHER THAN TAXICABS, LICENSE HOLDER RULES AND REGULATIONS
AUTHORITY AND USAGES WHEREAS, pursuant to the authority granted in Chapters 2-25, 9-112 and 9-114 of the Municipal Code of Chicago, the Commissioner of Business Affairs and Consumer Protection is authorized to issue rules and regulations prescribed in Chapters 9-112, 9-114 and 9-104 of the Municipal Code of Chicago; and I, ROSEMARY KRIMBEL, Commissioner of Business Affairs and Consumer Protection of the City of Chicago, issue the following rules and regulations.
By Order of the Commissioner:
___________________________________________ Rosemary Krimbel Commissioner
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PUBLIC PASSENGER VEHICLE, OTHER THAN TAXICABS, LICENSE HOLDER RULES AND REGULATIONS TABLE OF CONTENTS
SECTION TITLE DEFINITIONS SECTION I. SECTION II. SECTION III. SECTION IV. SECTION V. SECTION VI. SECTION VII. SECTION VIII. SECTION IX. APPENDIX A. GENERAL PROVISIONS ISSUANCE, TRANSFER, AND CHANGE OF OFFICERS OF PUBLIC PASSENGER VEHICLE LICENSES LICENSEE RENEWAL REQUIREMENTS VEHICLE REQUIREMENTS, INSPECTIONS, AND CHANGE OF EQUIPMENT PUBLIC CHAUFFEURS ADVERTISING RULES SPECIFIC TO CHARTER/SIGHTSEEING LICENSEES MISCELLANEOUS PENALTIES CITY OF CHICAGO PERMITTED STANDS FOR SOLICITATION OF PASSENGERS BY CHARTER/SIGHTSEEING VEHICLE LICENSEES PAGE 4 4 8 9 11 18 19 20 24 26
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PUBLIC PASSENGER VEHICLE, OTHER THAN TAXICABS, LICENSE HOLDER RULES AND REGULATIONS
DEFINITIONS The terms defined in Chapters 9-104, 9-112, and 9-114 of the Municipal Code of Chicago (MCC) shall have the same meaning in these rules and regulations. “COE” means Change of Equipment and refers to the change of the public passenger vehicle assigned to a specific medallion. “Department” means the City of Chicago Department of Business Affairs and Consumer Protection, also known as BACP. “Jitney car service vehicle” means a public passenger vehicle for hire at a published, fixed or flat rate of fare on a fixed route; but, with a flexible time schedule and where the chauffeur may make short distance detours to reach a specific pre-determined destination based on a passenger’s request. "Public passenger vehicle" or “PPV” means a motor vehicle, as defined in the motor vehicle law of the State of Illinois, which is used for the transportation of passengers for hire, excepting those(1) devoted exclusively for funeral use; (2) in operation of a metropolitan transit authority; (3) interstate carriers licensed for the transportation of passengers by the Interstate Commerce Commission to the extent that regulation of such vehicles by the city is prohibited by federal law; (4) interstate carriers operating pursuant to and in conformity with a certificate of authority issued by the Illinois Commerce Commission; and (5) taxicabs regulated pursuant to Chapter 9-112 of this Code. Public passenger vehicles included in the provisions of this chapter include, but are not limited to, livery vehicles, charter/sightseeing vehicles, neighborhood electric vehicles, jitney car services, and medical carrier vehicles.
SECTION I. RULE PV1.01
GENERAL PROVISIONS Applicability of Public Passenger Vehicle, Other Than Taxicabs, License Holder Rules and Regulations These rules and regulations govern licenses established pursuant to MCC Chapter 9-114 “Public Passenger Vehicles Other than Taxicabs”, and regulate the following public passenger vehicle (PPV) licenses: livery, charter/sightseeing, jitney car service, medical carriers (also known as medicars), and neighborhood electric vehicles.
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These rules and regulations do not apply to the taxicab medallion license holder license or any taxicab industry license established pursuant to MCC Chapter 9-112. RULE PV1.02 Duty to Provide Emergency Telephone Number PPV licensees shall maintain and provide to the Department a telephone number at which the Department can reach the licensee or its authorized agent within sixty (60) minutes on a 24-hour-per-day basis seven days a week. RULE PV1.03 Licensee Fingerprinting Process and Fees Reserved. Licensee Photographs Processing and Fees Reserved. License ineligibility: Indebtedness and Child Support a. Indebtedness: All PPV licensees must be in good standing with the City in reference to debt pursuant to and as defined in MCC §4-4-150. b. Child Support: All PPV licensees must be in compliance with court-ordered child support pursuant to and as defined in MCC §4-4-152. Non-discriminatory practices All PPV licensees must comply with all Federal, State and City nondiscriminatory laws. Licensees may not discriminate against any person, including but not limited to passengers, employees, or drivers, on account of race, color, religion, national origin, ancestry, disability, or any other protected class. RULE PV1.07 Retaliation No PPV licensee may retaliate in any way against any person for disclosing, reporting, or testifying about any violation of the MCC, these rules and regulations, or any other law. Any violation of this rule may result in the revocation of the licensee’s license.
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Individuals Authorized to Represent Licensees with the Department a. Only an officer of the corporation or managing member of the LLC registered with the Department may transact business with the Department on behalf of a company held public passenger vehicle license. Only the individual licensee may transact business with the Department on behalf of an individually held public passenger vehicle license.
Public Passenger Vehicle Dispatch A person or business providing public passenger vehicle dispatch service must be licensed by the City of Chicago and provide dispatch services in accordance with MCC §9-114-090. A person or business providing public passenger vehicle dispatch services must have a current active public passenger vehicle license (livery, chartersightseeing, jitney car service, or medical carrier) or a limited business license.
Public Passenger Vehicles – No Measured Rates a. Pursuant to MCC §9-114-060, PPV licensees may not use any device, including, but not limited to, mechanical, electronic, or digital meters/equipment to measure and calculate passenger fares based on distance and/or time traveled. Fares for public passenger vehicle transportation must be prearranged. The Department will consider a PPV that advertises or charges its passenger fares by measuring distance and/or time traveled as an unlicensed taxicab pursuant to MCC §9-112-020.
Pre-Arrangement of Fares and Prohibition on Solicitation a. PPV licensees and/or public chauffeurs operating public passenger vehicles may not solicit (ask or offer) or accept passengers for transportation for hire unless the vehicle has been hired in advance and the pre-arrangement is documented in writing, by contract, or other lawful means. The Department
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considers electronic documents as writings for purposes of this rule. b. Any person that violates subsection (a) of this rule is subject to applicable fines and penalties pursuant to MCC §9-114-410, §9-114-420, §9-112-630, and §9-112-640. Licensees may advertise or publish a fixed or a flat rate of fare for transportation between two destinations.
Financial Reporting Requirements Reserved. Submission of Certificates of Insurance a. Pursuant to MCC §9-114-170, PPV licensees must submit valid certificates of insurance upon the Department’s request. The certificate of insurance must indicate that the public passenger vehicle licensee’s vehicle is insured as required under Chapter 9-114 of the MCC during the duration of the license. The insurance policy and insurance certificate must name the City of Chicago as an additional insured and provide that the companies providing insurance coverage to public passenger vehicle licensees notify the Commissioner in writing thirty (30) days in advance of the cancellation of the insurance policy. The certificate of insurance must contain at a minimum a description of the insured public passenger vehicle (make, model, and year), vehicle identification number (VIN), the PPV license number, and the public passenger vehicle licensee’s name and address.
Timely Submission of Documents and Records A PPV licensee’s failure to timely submit documents and records may result in the denial of any license application submitted.
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Prohibition on Concurrent Ownerships Interests in PPV Licenses and Taxicab Medallion Licenses
Pursuant to MCC §9-112-100(d), no person shall be qualified for a public passenger vehicle license under MCC Chapter 9-114 and a taxicab medallion license under MCC Chapter 9112 at the same time.
ISSUANCE, TRANSFER, AND CHANGE OF OFFICERS OF PUBLIC PASSENGER VEHICLE LICENSES Age of Applicant at time of Issuance or Transfer All individuals applying for a public passenger vehicle license must be at least twenty-one (21) years of age at time of application. All individuals, as shareholders, corporate officers, or members, applying for a public passenger vehicle license must be at least twenty-one (21) years of age at time of application.
Full Compliance with Laws All individuals or entities applying for a PPV license must be in full compliance with the Municipal Code of Chicago and all applicable rules and regulations.
Removal, addition, changes in stock or change of officer a. Whenever any changes occur in the officers of the licensee, the licensee shall notify the Department in accordance with the procedures set forth in subsections (b) and (c) of this section. For purposes of this section, the term “officer of the licensee” means the members of a partnership, the officers, directors, managers or shareholders of a corporation, or the managers or managing members of a limited liability company or other legal entity licensed pursuant to MCC Chapter 9-114. If any officer of the licensee is removed from office for any reason, then the licensee shall notify the Department of the change by notarized letter within thirty (30) days of the effective date of the change. The Department will assess a $25.00 fee for processing the removal of the officer. The licensee may request a waiver of the $25.00 removal of officer
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process fee where the removal of the officer is a result of the officer’s death. c. If any officer of the licensee is replaced by another person, or if the licensee adds a new officer or member or director, then the licensee shall notify the Department of the change by filing with the Department a change of officer form provided by the Department within 30 days of the effective date of the change. The person added to an office or replacing the removed officer must meet the qualifications specified in MCC §9-114-040 and is subject to investigation as detailed in MCC §9-114-040. The licensee shall submit to the Department: (i) the change of officer form as prescribed by the Commissioner; and (ii) a $100.00 fee for processing the change of officer. An addition or change of officer is not complete until all fees associated with the process are paid.
Limitations on Number of Licenses Any applicant for a public passenger vehicle license shall not hold more than four public passenger vehicle licenses in one City of Chicago Department of Revenue/Finance account.
SECTION III. RULE PV3.01
LICENSEE RENEWAL REQUIREMENTS Filing a Public Passenger Vehicle License Renewal PPV licensees may file an application to renew a public passenger vehicle license up to forty-five (45) days prior to the expiration of the public passenger vehicle license.
Effect of Late Renewal Application or Late Payments a. b. c. Pursuant to MCC §9-114-070, a PPV licensee must renew its license prior to the expiration date of the licensing term. A PPV license renewed after the expiration of the licensing term is considered a late renewal and is subject to late payment fees and interest accrued as specified in the MCC. Pursuant to MCC §4-4-260, for any PPV license renewal application filed after its expiration date, the City may charge the licensee a late license fee in the amount of 25 percent of the
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amount of the annual license fee, but in no event not less than $25.00. Pursuant to MCC §3-4-260, for any late payments for fees or monies past due to the City, the City may charge the PPV licensee interest. Pursuant to MCC §3-4-250, PPV licensees that make payments by check with nonsufficient funds or with invalid credit cards are subject to additional fines, fees, or penalties as specified in the MCC.
Individuals Authorized to Represent Licensees at Renewal In addition to the persons listed in RULE PV1.08(a) and PV1.08(b), a licensee’s authorized attorney, who is currently licensed by the Attorney Registration and Disciplinary Commission of the State of Illinois, may renew the licensee’s public passenger vehicle license.
Documents Submitted and Fees Paid to Process Renewal All licensees must submit the following documents and fees: a. PPV licensees must apply for the renewal of a specific public passenger vehicle license on a form prescribed by the Commissioner accompanied with requested document(s) listed on the license renewal application form; Current Certificate of Good Standing, issued by the Illinois Secretary of State, or a File Detail Report downloaded from the Secretary of State Web site indicating a status of good standing; If the PPV licensee has outstanding City debt, a copy of an executed approved City of Chicago payment plan to which the licensee is in compliance; and Payment of all applicable public passenger vehicle renewal fees, late fees, and interest, if any.
b. c. d.
License Renewal Appointments The Department may schedule for PPV licensees a renewal appointment to renew their licenses at a specific date and time. a. b. PPV licensees must appear at their scheduled license renewal appointment. PPV licensees that are unable to appear for their scheduled license renewal appointment may request to advance or reschedule their appointment by requesting to do so on a form
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prescribed by the Commissioner, provided that such request is received at least 48 hours prior to the scheduled appointment. A PPV licensee that fails to appear for its scheduled date and time license renewal appointment and fails to timely reschedule the appointment in advance, is subject to a $25.00 license renewal appointment rescheduling fee.
Denial of Renewal Based on Repeated and/or Aggravated Complaints or Citations At the discretion of the Commissioner, a PPV licensee may be denied renewal of a public passenger vehicle license if the licensee has, within the twelve months preceding renewal, been found liable three or more times of violating these rules, Chapter 9-114 or any other chapter of the Municipal Code of Chicago. Multiple violations of the laws governing operation of a public passenger vehicle conclusively demonstrate the licensee’s inability to lawfully provide the services that a public passenger vehicle licensee has been granted the right to provide under the license.
VEHICLE REQUIREMENTS, INSPECTIONS, AND CHANGE OF EQUIPMENT Authorized Public Passenger Vehicles for All PPV Licensees a. b. c. The Department shall maintain a list of authorized vehicles that may be used as public passenger vehicles in accordance with MCC §9-114-150. All public passenger vehicles must meet applicable Federal Motor Vehicle Safety Standards for vehicles of its size, type and proposed use. A PPV licensee may not place, use, or submit to the Department for approval a vehicle in operation as a licensed public passenger vehicle without first passing an Illinois Department of Transportation vehicle inspection. Unless a PPV type, make and model, receives a written exemption, all public passenger vehicles placed in service shall have leather or vinyl seats in all passenger areas, All public passenger vehicles must be equipped with a permanently installed air conditioning system capable of maintaining the interior temperature of the passenger section to sixty-eight (68) degrees Fahrenheit.
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Any licensee may request in writing to the Commissioner to evaluate a specific year, make, and model of vehicle for use as a public passenger vehicle. If found operating a vehicle that fails to meet the requirements of this rule, the licensee’s public passenger vehicle license will be immediately suspended and subject to license revocation.
Conversions/Modifications for Public Passenger Vehicles A post-manufacture or after-market mechanical conversion/modification of a vehicle must meet minimum standards mandated by applicable Federal, State, and City laws. A licensee shall not use or submit for approval as a licensed public passenger vehicle a vehicle that has been converted or modified after its original manufacture date, unless the converted or modified vehicle meets minimum standards mandated by applicable Federal, State, and City laws. A converted or modified vehicle that fails to meet minimum standards mandated by applicable Federal, State, and City laws is considered unsafe. If found operating such a vehicle as a licensed public passenger vehicle, the licensee’s license will be immediately suspended and subject to revocation. The licensee shall be strictly liable for this rule.
Retirement and Replacement of Vehicles due to Age, for those PPV Vehicles that have Age of Vehicle Requirements a. A restatement of pertinent MCC §9-112-010 definitions: 1. “Model year” means that year designated in the vehicle manufacturer’s certificate of origin or on the vehicle title issued by the Secretary of State of Illinois or other state. 2. “Vehicle Age” means the age of the vehicle computed by totaling the number of the years in between and including both the calendar year and model year. For example, a vehicle with a model year of 2009 has a vehicle age of 4 years in the 2012 calendar year (2009 + 2010 + 2011 + 2012). The Department will schedule vehicle retirement and replacement dates for vehicles which licensees must retire and replace based on the anniversary date the vehicle was placed into service as a public passenger vehicle. 1. The deadline to retire and replace a vehicle that exceeds the age limitation will be based on the month and day
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the vehicle was initially placed into service as a Chicago licensed public passenger vehicle for the first time. In the year the vehicle exceeds the mandated age limitation the licensee must replace and retire the aged out vehicle before the same month and day that it was initially placed into service. The date by which a vehicle must be retired may be given to the licensee, upon the licensee’s request, at the time that the vehicle is placed into service.
Authorized Vehicles for a Livery License a. The following vehicles may be licensed as a livery: 1. Any vehicle which is classified as a “large car” (interior volume index greater than or equal to 120 cubic feet.) or “large station wagon” (interior volume index greater than or equal to 160 cubic feet.) as defined by the regulations of the Environmental Protection Agency in 40 CFR MCC §600.315-82; or Any vehicle with a USEPA fuel efficiency rating of 26 city/31 highway or a combined fuel efficiency rating of 28 miles per gallon or greater and classified as a “midsize car” (interior volume index greater than or equal to 110 cubic feet but less than 120 cubic feet) or “midsize station wagon” (interior volume index greater than or equal to 130 cubic feet but less than 160 cubic feet) as defined by the regulations of the Environmental Protection Agency in 40 CFR MCC §600.315-82.
Limitations on “vehicle age” of livery licensed vehicles: 1. No livery license applicant or livery licensee may place a vehicle in operation for the first time as a licensed livery with a vehicle age of five (5) years or more. No livery license applicant or livery licensee may place a vehicle in operation for the first time as a licensed livery with an odometer reading of 100,000 miles or more. No livery licensee may use a vehicle in operation as a licensed livery with a vehicle age of seven (7) years or more.
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Authorized Vehicles for a Charter/Sightseeing License Limitations on “vehicle age” of charter/sightseeing licensed vehicles: a. Any charter/sightseeing vehicles with a capacity of 10 to 15 passengers may not have a vehicle age of seven (7) or more years. Any charter/sightseeing vehicle with a capacity of 16 or more passengers and licensed by the United States Department of Transportation does not have vehicle age limitations. Any charter/sightseeing vehicle with a capacity of 16 or more passengers and not licensed by the United States Department of Transportation may not have a vehicle age of seven (7) or more years. Any charter/sightseeing vehicle that meets the definition of a “wheelchair accessible vehicle”, as defined MCC §9-112-010, does not have vehicle age limitations.
Authorized Vehicles for a Jitney Car Service License a. No jitney car service license applicant or jitney car service licensee may place a vehicle in operation or use as a licensed jitney car service vehicle with a vehicle age of ten (10) years or more. A vehicle must have State of Illinois issued Public Transportation (PT) license plates to be eligible for a Jitney Car Service license.
Authorized Vehicles for a Medical Carrier License a. Limitations on “vehicle age” of medical carrier licensed vehicles: 1. No medical carrier license applicant or medical carrier licensee may place a vehicle in operation for the first time as a licensed medical carrier with a vehicle age of five (5) years or more. No medical carrier licensee may continue to use a vehicle which is not a wheelchair accessible vehicle, as
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defined in MCC §9-114-010, as a licensed medical carrier with a vehicle age of seven (7) years or more. 3. No medical carrier licensee may continue to use a vehicle which is a wheelchair accessible vehicle, as defined in MCC §9-114-010, as a licensed medical carrier with a vehicle age of eight (8) years or more.
Exterior markings on medical carrier licensed vehicles: Licensees shall paint and display the words “Medical Carrier” or “MediCar” along with their respective medical carrier license number in the center of the main panel of the front doors of the medical carrier vehicle. All names and numbers shall be painted in plain gothic figures of one-half inch stroke and at least three (3) inches in height in either black or white color (whichever provides the most contrast with the background color of the location where the figures are affixed).
Public Passenger Vehicle Inspections a. b. Licensees must deliver their public passenger vehicles for inspection as designated by the Department. The Department shall notify licensees of their scheduled vehicle inspections by any method, including, but not limited to, mail, e-mail, fax or by Web site posting. In addition to inspections scheduled in advance, the Department may request a licensee to submit the licensee’s vehicle for an inspection based upon a complaint. The Department may notify a licensee of a complaint based inspection by phone call, e-mail, or citation. A licensee must submit the vehicle to inspection within two (2) business days of the Department’s notification. A licensee who fails to bring its public passenger vehicle for inspection as required by this rule and has failed to either (1) secure a rescheduled vehicle inspection date pursuant to Department procedures or (2) fails to surrender to the designated Department office its license card before 10:00 am of the scheduled inspection date is considered to have missed its inspection and is subject to a missed inspection fine of $300.00 and any other applicable penalties.
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Public Passenger Vehicles Unfit for Public Use a. In determining whether any public passenger vehicle is unfit for public use, the Commissioner shall give consideration to its effect on the safety, health, comfort and convenience of the drivers and passengers, and its public appearance on the streets of the City. If the Department finds a public passenger vehicle to be unfit for public use, the Department shall suspend the vehicle until it passes an inspection and is found to be fit for public use. Licensees shall keep its City of Chicago licensed public passenger vehicles in an undamaged and safe condition. At a minimum, the “safe condition” of a vehicle is determined by compliance with the provisions of Articles I through VI of the Illinois Vehicle Equipment Law (625 ILCS 5/12-101 et seq.). Licensees shall not operate a City of Chicago licensed public passenger vehicle unless the vehicle is in a clean condition. Minimum standards of cleanliness include, but are not limited to: 1. The interior of the vehicle (including the trunk) shall be kept free from all waste paper, cans, garbage, or any other item not intrinsic to the vehicle or to the conduct of operating a public passenger vehicle; The interior of the vehicle (including the trunk) shall be kept free from all dirt, grease, oil, adhesive resin, or any other item which can be transferred onto the person, clothing or possessions of a passenger by incidental contact; The interior of the vehicle (including the trunk) shall be kept free from all infectious specifies (e.g. bed bugs and lice) which can be transferred onto the person, clothing or possessions of a passenger by incidental contact; The interior of the vehicle shall be kept free of any material or odor which a reasonable person would find noxious or unpleasant; and The exterior of the vehicle shall be kept free from all dirt, grease, oil, or any other substance besides water or snow which can be transferred onto the person, clothing or possessions of a passenger by incidental contact. The interior of a wheelchair accessible vehicle (WAV) shall be kept free of all boxes and items that may obstruct the wheelchair securement area of the WAV.
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If a licensee receives three (3) or more complaints and/or citations in a twelve-month period regarding the cleanliness, condition, and/or safety of its public passenger vehicle, the licensee is subject to suspension or revocation of the license in addition to any other applicable penalties. It is the licensee’s affirmative duty to insure that its vehicle(s) are in compliance with this rule, regardless of whether or not the vehicle is operated pursuant to a lease or contract.
Documents Required for Change of Equipment (COE) Processing The licensee, at licensee’s expense, shall provide the following documents when requesting any changes of equipment (or replacement of the public passenger vehicle): a. b. c. d. e. f. g. h. i. A completed, signed, and dated COE request form on a form prescribed by the Commissioner; Title or registration of vehicle or manufacturer's certificate of origin ; A bill of vehicle sale or vehicle lease; Proof of current City of Chicago vehicle sticker purchase; Public passenger vehicle license card or emblem; Current certificate of insurance; Vehicle History Report (e.g., Carfax or Autocheck); IDOT (Illinois Department of Transportation Inspection) inspection, dated within 90 days of COE date; and Payment of $25.00 COE processing fee.
Licensed Public Passenger Vehicle Accident Reports Pursuant to State of Illinois law 625 ILCS 5/11-406 “Duty to report accident” for accidents resulting in injury to or death of any person, or in which damage to the property of any one person is in excess of $1,500, PPV licensees must submit a copy of the accident/police report submitted to the State of Illinois within ten (10) days of the
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date of the accident or within 24 hours of receiving a copy of the accident/police report, whichever is sooner. RULE PV4.12 Display of Public Passenger Vehicle License Emblem and License Card PPV licensees may not operate their public passenger vehicles in the City of Chicago unless a current valid City of Chicago public passenger vehicle emblem is affixed on the inside of the glass part of the windshield of the vehicle or as directed by the Commissioner and a current valid City of Chicago public passenger vehicle license card displayed in a holder in the inside front section of the vehicle or available upon request. Public Passenger Vehicle License Card and Emblem Fees pursuant to MCC §9-114-130 a. b. c. $50.00 - The fee to replace the public passenger vehicle license emblem. $25.00 – The fee to replace a public passenger vehicle license (“hard card”) card. A request for a replacement PPV License Card or Emblem must be accompanied by an affidavit or police report detailing the reason for the replacement.
Display of Security Camera Passenger Signage Licensees with public passenger vehicles equipped with a security camera system must display a visible conspicuous sign in the passenger seating area reading: “This vehicle is equipped with a security camera.”
SECTION V. RULE PV5.01
PUBLIC CHAUFFEURS Valid Licenses Required PPV licensees must ascertain that any driver of its licensed vehicle has in his or her possession:
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A current and valid driver's license issued by the State of Illinois or another state of the type required to operate the licensee’s vehicle and A current and valid City of Chicago Restricted Public Chauffeur's License or Taxicab Driver’s License.
Screening Public Chauffeurs a. Pursuant to MCC §9-114-080, licensees are responsible for screening public chauffeurs before allow the public chauffeur to operate the licensee’s public passenger vehicle. In order to facilitate dissemination of information of public chauffeur complaints and status (e.g. active, revoked, suspended, denied, etc.), the Department will post lists of public chauffeurs currently suspended, denied, or revoked on its Web site. The Department will also post lists of public chauffeurs with multiple complaints on its Web site.
Duty to Maintain Public Chauffeur Records Licensees must maintain for a minimum two (2) year period records of the name and number of the public chauffeur operating its public passenger vehicle on any given date, time, and location. Such records must be made available to the Commissioner within three (3) business days upon request.
SECTION VI. RULE PV6.01
ADVERTISING Advertising displays prohibited on PPV Vehicles PPV licensees, except for Charter/Sightseeing licensees, are prohibited from displaying advertising in or on vehicles licensed as public passenger vehicles. Prohibition on advertising does not include legally required markings.
Advertising displays permitted on Charter/Sightseeing Vehicles Advertising displays are permitted on Charter/Sightseeing Vehicles. See “SECTION VII. RULES SPECIFIC TO CHARTER/SIGHTSEEING LICENSEES”. October 22, 2012 Draft for Public Comment - Page 19 of 29
SECTION VII. RULE PV7.01
RULES SPECIFIC TO CHARTER/SIGHTSEEING LICENSEES Parking and Loading of Charter/Sightseeing Vehicles A licensee with a charter/sightseeing vehicle, which provides (1) a tour to the general public or prearranged groups, (2) at a charge per passenger or per vehicle, and (3) that includes a lecture, may not park or stand the vehicle on a public way; except, for the time necessary for the expeditious loading or unloading of passengers at a location designated by the City of Chicago and marked with signs identifying the location as a bus stop, bus stand, passenger loading zone, hotel loading zone, bus terminal, or any other place specifically designated and marked with signs by the City of Chicago. Barring exigent circumstances, the loading or unloading of passengers shall not exceed thirty (30) minutes. No licensee may permit more than one of the licensee’s charter/sightseeing vehicles to occupy a bus stand at the same time.
Idling Engines of Charter/Sightseeing Vehicles A licensee with a charter/sightseeing vehicle, which provides (1) a tour to the general public or prearranged groups, (2) at a charge per passenger or per vehicle, and (3) that includes a lecture, may not leave the vehicle’s engine idling at a City-designated parking or staging area; except, a. For a ten (10) minute warm-up period immediately preceding departure; b. For one fifteen (15) minute period per hour when the outside temperature is above eighty (80) or below fifty (50) degrees Fahrenheit; c. For two non-consecutive fifteen (15) minute periods per hour when the outside temperature is above ninety (90) or below twenty-five (25) degrees Fahrenheit; d. Continuously when the outside temperature is below zero (0) degrees Fahrenheit if the vehicle is not equipped with an alternative means to keep its fuel supply warm; or e. When multiple vehicles are parked or staged at a common location, drivers who are idling their vehicles in accordance with paragraphs (b) and (c) above, shall stagger their vehicle's idling periods with the other vehicles at the same location in order to have the fewest possible number of vehicles idling at any one time.
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Solicitation of Passengers by Charter/Sightseeing Vehicles For a charter/sightseeing vehicle, which provides (1) a tour to the general public or prearranged groups, (2) at a charge per passenger or per vehicle, and (3) that includes a lecture: a. No licensee or person shall disseminate information or solicit passengers upon any public way except at stands designated and permitted by the City of Chicago; and b. No licensee may permit more than two persons to disseminate information or solicit passengers at the same location. c. The list of permitted stands may be posted on the Department’s webpage, listing the location of the stand and the company to which the stand has been permitted. See Appendix “A” for a list of permitted stands.
Upper Deck of Bus No licensee with a charter/sightseeing vehicle equipped with an upper level shall allow: a. Any passenger ten (10) years old or younger in the upper level, unless accompanied by an adult; or b. Any passenger to stand in the upper level while the vehicle is moving. Advertising displays and Charter/Sightseeing (C/S) Licensees a. No C/S licensee shall permit its charter/sightseeing vehicle to display any advertising sign or device without a permit approved and issued by the Department. b. A C/S licensee must be in full compliance with all City laws and must pay for the advertising permit before an advertising permit will be approved and issued. c. A C/S licensee may apply for and receive advertising permits for both exterior advertising displays and interior video display screens for the same licensed public passenger vehicle. d. C/S licensees may not transfer or assign approved and issued advertising permits neither to other licensees nor to other charter/sightseeing vehicles. e. The revocation, rescission, or non-renewal of the chartersightseeing license for which an advertising permit is issued will automatically revoke, rescind or deny renewal of the same advertising permit.
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Charter/Sightseeing Licensees Must Comply with Advertising Guidelines and Technical Specifications A C/S licensee shall not submit for approval as a public passenger vehicle a vehicle that fails to meet the advertising guidelines and technical specifications listed below. If found operating a public passenger vehicle which fails to meet below listed advertising guidelines and technical specifications, the licensee’s license will be immediately suspended and subject to revocation. The licensee shall be strictly liable for this rule.
Advertising Guidelines Advertising displayed on any public passenger vehicle is part of the regulated appearance of the vehicles and, as such, may not be inconsistent with or undermine the City’s existing regulatory interests in protecting and serving passengers and prospective passengers, which are expressed through the City's requirement of courteous and nondiscriminatory service. a. The following is not allowed and may be grounds for suspension, revocation, rescission, or denial of an advertising display permit: 1. Advertising that is untruthful, fraudulent, involving illegal activity, or in violation of city, state, or federal law. 2. Advertising that is sexually explicit, defined as depicting genitals, pubic hair, buttocks, perineum and anal region, pubic hair region, or any portion of the female breast at or below the areola, whether such body parts are depicted as uncovered or less than completely and opaquely covered. 3. Advertising that portrays graphic violence, such as through the depiction of human or animal bodies, body parts, or fetuses in states of mutilation, dismemberment, disfigurement or decomposition. 4. Advertisements that contain swear words, obscenities, or racial, ethnic, or sexual slurs or abusive epithets. Additional conditions for an advertising display permit: 1. No public chauffeur may solicit or otherwise promote the product or service advertised in the display. 2. Advertising displays must be maintained in a safe, clean, and undamaged condition.
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Application for an Advertising Display Permit Application for a permit to display advertising in or on a charter/sightseeing vehicle shall be on a form prescribed by the Commissioner.
Advertising Permit Fees and Expiration a. The fee for the issuance of any interior or exterior advertising display permit is $100.00 for each display, payable at time of application. b. Advertising display exterior devices and interior video display devices require an initial installation inspection of such device. The fee for such initial installation inspection is $100.00. c. An interior or exterior advertising permit issued under this section shall expire one year after the date of issue, unless surrendered, revoked, rescinded or terminated prior to the expiration date. Approval or Denial of Advertising Permits a. The Department shall inform applicants for an advertising display permit under this section whether the application is approved or disapproved within thirty (30) business days after its receipt of the completed application, unless it gives the applicant written notice that it needs an additional thirty (30) business days and the reasons therefore. If the application is approved and permit paid for, the Department shall issue the advertising display permit. If the Department denies the advertising display permit application, it shall provide written notice of its decision, stating the specific grounds and regulations that form the basis for such denial. The reasons for denial of an advertising display permit may include: non-compliance with City laws, outstanding debt, non-payment of advertising display permit fees, incomplete or false applications, or failure to pass the initial safety inspection of the advertising display device. Any applicant who believes its application for an advertising display permit is wrongfully denied may appeal the decision to the Department on a form prescribed by the Commissioner.
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Grounds for Immediate Suspension of an Advertising Permit The following are grounds for the immediate suspension of a public passenger vehicle advertising permit: a. b. c. d. Material false or misleading information on an advertising permit application. An advertising display device that poses a risk to public safety. Non-compliance with Advertising Guidelines listed above. Suspension of the public passenger vehicle license.
Charter/Sightseeing Vehicle Advertising Display - Exterior a. Exterior Location - Advertising displays on the exterior of the charter/sightseeing vehicle will be allowed only on the vehicle doors on both sides of the vehicle. Advertising Display on Vehicle Doors – Technical Specifications The only type of advertising displays permitted on the vehicle doors shall be displays adhered to the vehicle doors using a vinyl wrapping process, which is sometimes referred to as a “partial wrap.” The vinyl for a public passenger vehicle wrap must be premium 2ml cast self adhesive PVC product that will conform to vehicle curves.
Charter/Sightseeing Vehicle Advertising Display – Interior The only type of interior advertising permitted is an interior video display screen or on a personal information monitor (P.I.M.).
SECTION VIII. RULE PV8.01
MISCELLANEOUS Forms prescribed by the Commissioner All forms referenced in MCC Chapters 9-104, 9-112, 9-114 and these rules and regulations may be in print, electronic, or digital format. All forms prescribed by the Commissioner may not be altered in any way without the express written permission of the Commissioner.
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Found Items in Public Passenger Vehicles PPV licensees must have a written process and protocol for its drivers to follow when items are found in the public passenger vehicle they are operating. PPV licensees must make every reasonable effort to return lost items to its rightful owners.
Vehicle Repossessions Upon foreclosure or repossession of a licensed public passenger vehicle, the licensee must notify the Department in writing of such loss and provide the Department with any documentation pertaining to the repossession or loss, including but not limited to, a police report. The licensee must make all reasonable efforts to secure the return and surrender of all indicia of licensing including the license card and emblem.
Temporary Daily Permits a. Pursuant to MCC §9-114-025, a person or business may apply for a temporary daily permit for an unlicensed public passenger vehicle for a fee of $50.00 (fifty dollars) for every twenty-four (24) hour term. An application for a temporary daily permit must be made on a form prescribed by the Commissioner accompanied with requested document(s) listed on the temporary daily application form. At time of application for a temporary daily permit, a vehicle eligible for a temporary daily permit must not have a “vehicle age”, as referenced above in SECTION IV of these rules, more than seven (7) years and the vehicle must be listed on the Department issued “Approved Vehicles List for Public Passenger Vehicles.” The owner of an “antique”, “vintage”, or “classic” vehicle (defined as a vehicle which has a vehicle age of at least twentyfive (25) years) may apply for a temporary daily permit to use the vehicle as a public passenger vehicle. Applicants for a temporary daily permit must submit: 1. Proof that the vehicle has the minimum insurance coverage indicated 9-114-170; and
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Proof that the vehicle has passed an Illinois Department of Transportation inspection within the past six (6) months.
Temporary daily permits are good only for the dates indicated on the permit. A vehicle owner must display the temporary daily permit on the front windshield of the vehicle or as directed by the Commissioner when the vehicle is operating pursuant to that permit; otherwise, the vehicle, vehicle owner, and vehicle driver are subject to applicable fines and penalties pursuant to MCC §9-114-410, §9-114-420, §9-112-630, and §9-112-640.
SECTION IX. RULE PV9.01
PENALTIES Definitions For the purpose of this section pursuant to MCC §9-114-410: a. b. “Repeated offense” means a second or subsequent commission of the same or similar offense within a one (1) year period; “Fraud or false representation offense” means 1. Obtaining any public passenger vehicle license by fraud by making a false representation or willful misstatement or omission of material fact; 2. Failing to carry out any affirmative representation made to the Commissioner before the issuance of a public passenger vehicle license or while a licensee; 3. Making a willful material omission or misstatement of fact on any statement filed with any City Department for any purpose whether or not related to the operation or issuance of a public passenger vehicle license; or 4. Knowingly causing any public passenger vehicle to be operated in violation of these rules and regulations or the provisions of Chapters 9-112, 9-114, 9-104 of the MCC.
Penalties Except as otherwise specified in MCC Chapter 9-114, any violation of these rules and regulations or of Chapter 9-114 of the MCC is subject to the following penalties:
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First Offense: $100 to $750 fine and/or suspension of license Repeated Offense: $200 to $750 fine and/or suspension or revocation of license Fraud or False Representation Offense: $750 fine and revocation of license
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APPENDIX A City of Chicago Permitted Stands for Solicitation of Passengers by Charter/Sightseeing Vehicle Licensees as of October 22, 2012:
Gray Line of Chicago 618 N. Clark 300 E. North Water 201 N. State 318 W. Jackson 780 S. Michigan 249 S. Wacker 1200 S. Lakeshore Drive 300 S. Canal 200 S. Michigan 875 N. Michigan 101 E. Pearson 98 E. Wacker 400 N. Michigan 27 E. Monroe Chicago Trolley Company 620 N. Clark 135 E. Randolph 146 E. Chestnut 455 N. Columbus 175 N. State 401 N. Michigan 160 E. Pearson 380 N. Michigan 200 S. Michigan
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COMMENT DEADLINE: November 9, 2012 at 5:00 pm CST. Comments to above proposed rules must be submitted in writing to BACPPV@cityofchicago.org with subject field “ATTN: Proposed Rules Comments” OR “ATTN: Proposed Rules Comments” BACP Public Vehicle Operations Division 2350 W. Ogden, First Floor, Chicago, IL 60608
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