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(5) The driver shall not have been convicted in the previous seven years of driving
under the influence of drugs or alcohol, fraud, sexual offenses, theft, acts of
violence or terror, using a vehicle to commit a felony, or a crime involving
property damage in the city, the State of Mississippi, any other state or by the
United States. The driver shall not appear on a state or federal sex offender
registry regardless of when the conviction occurred. If at any time during the
application process the applicant is charged with any criminal offense,
consideration of the application shall be suspended until entry of a judgement or
dismissal. A plea of nolo contendere to a criminal offense shall constitute a
conviction.
(6) The driver shall not have been convicted of three or more moving violations
within a period of two years prior to the date of application (regardless of where
such violations occurred) .
(7) The driver shall be examined by a physician licensed to practice in the State of
Mississippi and provide written certification from such physician stating that the
applicant is not disabled by reason of defects of sight, hearing, body, limbs or
evidence of narcotic or alcoholic usage from safely operating a motor vehicle in
and upon the streets of the city. The driver must provide written certification from
a physician licensed to practice in the state or from a medical provider who
regularly provides drug screens that the driver has passed a drug test dated with 5
calendar days of the submission of the drivers application that screens for, at
minimum, marijuana, cocaine, phencyclidine, amphetamines, and opiates. Said
drug test must meet or exceed the requirements of the Federal Department of
Transportation 5-Panel drug screening test. The city, upon stating good cause in
writing, may demand to have an applicant examined (at the citys expense) by a
physician appointed by the city before the transportation network company may
issue a transportation network driver certificate.
(8) The driver shall provide information regarding prior experience in the
transportation of passengers. The lack of prior experience in the transportation of
passengers shall not disqualify a driver from receiving a certificate. The
committee and company may decline to allow the issuance of a certificate to a
driver if the driver is shown to have previously injured, endangered, harmed, or
harassed passengers in his prior experiences in the transportation of passengers.
(9) The driver shall be determined to be suitable to perform transportation
network services on the basis of the following, two-part background check
process:
(i) The transportation network company shall conduct a background check
of each applicant that includes a review of the local and national criminal
records, sex offender records, and driving records associated with each
applicant. The transportation network company shall disqualify applicants
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if the driver has been convicted in the previous seven years of driving
under the influence of drugs or alcohol, fraud, sexual offenses, theft, acts
of violence or terror, using a vehicle to commit a felony, or a crime
involving property damage in the city, in the State of Mississippi, any
other state or by he United States. The transportation network company
shall disqualify applicants if they are on a state or federal sex offender
registry regardless of when the conviction occurred. If at any time during
the application process the applicant is charged with any criminal offense,
consideration of the application shall be suspended until entry of a
judgement or dismissal. A plea of nolo contendere to a criminal offense
shall constitute a conviction.
(ii) The transportation network company shall submit identifying
information regarding an applicant to the committee, which shall refer said
information to the police department which will obtain all available
criminal offender record information, driving records, and sex offender
registry information about the applicant. The applicant shall submit to
fingerprint analysis by the city's police department. The department or its
designee shall compare the applicants fingerprints against any database
that the department may reasonably use for purposes of completing
background checks such as the database maintained by the Mississippi
Crime Information Center. Following a review of the pertinent records, the
department or its designee shall determine whether the applicant has
committed an offense that would disqualify him from the provision of
transportation network services as set forth in this Article. In light of that
determination, and following the departments review of all motor vehicle
records pertaining to the applicant, the department shall determine within
10 business days of receiving an applicants finger prints and identifying
information whether the applicant is suitable to provide transportation
network services and shall so notify the transportation network company
and the committee.
Notwithstanding the provisions of Section 126-503(b)(ii) of this act, if the
department and committee have not notified the transportation network
company of the suitability determination within 10 business days after
receiving an applicants identifying information and the applicant
appearing for fingerprints and submitting all other documentation and
information required herein, a transportation network company may
provisionally allow an applicant to provide transportation network
services, provided that the transportation network company has
determined that the applicant meets the suitability standards set forth in
this Article and that all of the other requirements of Section 126-503(b) are
satisfied. If the department or committee subsequently notifies the
transportation network company that the applicant does not meet the
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(c) The certification requirements set forth in subsection (b) shall apply to each
renewal of a transportation network company permit.
(d) A transportation network company shall provide to the department and to the
committee a roster of each driver certified by it to be a transportation network
driver, and shall update said roster regularly. The committee shall make this
roster available to the registry of motor vehicles and state and local law
enforcement.
(e) The committee shall approve the form of a transportation network driver
certificate; provided, however, that each such certificate shall contain the name,
address, and picture of the driver, and the license plate number of each vehicle
used by him to provide transportation network services.
(f) A recognizable external marker shall be displayed on a vehicle at all times it is
used to provide transportation network services.
Section 126-506. Insurance.
(a) The insurance requirements set forth in this subsection shall constitute
adequate insurance with respect to the provision of transportation network
services in a vehicle operated by a transportation network driver. Said driver still
must maintain insurance coverage commensurate with Mississippi State Law,
including, but not limited to Mississippi Code Section 63-15-3(j), for the vehicle
during those periods of time when the vehicle is being operated but is not
providing transportation network services.
the police department be given at least 30 days prior written notice by the
insurer of any cancellation or amendment of the policy.
(b) In every instance where insurance maintained by a transportation network
driver to fulfill the insurance requirements set forth in subsection (a) has lapsed,
failed to provide the required coverage, denied a claim for the required coverage,
or otherwise ceased to exist, insurance maintained by a transportation network
company shall provide the coverage required by subsection (a) beginning with the
first dollar of a claim and shall have the duty to investigate and defend such
claim.
(c) Coverage under an automobile insurance policy maintained by the
transportation network company shall not be dependent on a personal automobile
insurer first denying a claim nor shall a personal automobile insurer be required to
first deny a claim.
(d) Insurance required by this section 126-506 must be placed with an insurer
authorized to do business in the state or, if such coverage is not available, then
with a surplus lines insurer.
(e) A transportation network company driver shall carry proof of coverage
satisfying subsection (a) with him at all times he is providing transportation
network company services. In the event of an incident giving rise to personal
injury or property damage, a transportation network driver shall provide this
insurance coverage information to the directly interested parties, automobile
insurers, and investigating police officers. Upon request, a transportation network
driver shall also disclose to directly interested parties, automobile drivers,
automobile insurers, and investigating police officers, whether he was providing
transportation network services, including whether such services included a
prearranged ride, at the time of the incident.
(f) A transportation network company shall disclose in writing to transportation
network drivers the following relative to insurance before they are allowed to
accept a request for a prearranged ride:
(i) The insurance coverage, including the types of coverage and the limits
for each coverage, that the transportation network company provides while
the transportation network driver uses his vehicle to provide transportation
network services; and
(ii) That the transportation network drivers own automobile insurance
policy might not provide coverage while the driver is providing
transportation network services, depending on its terms.
transportation network driver, and to report to the committee and to the police
department within 24 hours upon having done so, upon receipt of information
indicating that the driver is not suitable to provide transportation network services
and poses a danger to the public. If the committee or the police department
exercise their right to suspend a driver under this paragraph, the driver and/or
company may request, in writing, via certified mail addressed to the committee
that the committee hold a hearing reviewing whether there is due cause to suspend
the driver. The request for a hearing must be mailed within 5 business days of the
suspension and the committee shall hear the appeal with 10 business days of
receiving the written request for a hearing or later if all involved parties agree.
(b) The committee or department may order a transportation network company to
suspend a transportation network driver certificate, and to report to the committee
and department immediately upon having done so, upon the drivers arrest for a
crime that would render him unsuitable to provide transportation network services
or upon his citation for a driving infraction that would render him unsuitable to
provide transportation network services for such period of time as necessary to
determine whether continued provision of transportation network services by said
driver is consistent with the public interest.
Section 126-509. Penalties.
(a) Whenever the committee determines that any transportation network company
is in violation of any provision of sections 126-501 through 126-512 of this
chapter or any regulation or rule promulgated thereunder, the committee shall
issue a monetary penalty up to $500 for a first offense and between $1,000 and
$2,000 for each subsequent offense in any calendar year. The committee may also
suspend or revoke a permit, or take such other action that the committee deems
equitable if a transportation network company has multiple violations of this
article. In determining the amount of the penalty, the committee shall consider
the size of the transportation network company, the gravity of the violation, the
good faith, if any, of the transportation network company in attempting to achieve
compliance and remedying non-compliance, and any previous violations.
(b) Any driver providing transportation network services who is not in compliance
with clause (b) of section 126-503 has committed a civil motor vehicle infraction
under the Jackson Municipal Code and may be issued a ticket by the committee or
the department and, if so cited, shall be subject to a fine of 350 dollars for the first
offense and $500 for each subsequent offense.
(c) ) Any driver who is certified under this article and who provides for-hire
transportation services without going through a digital network or app for a
transportation network company he is certified with (e.g., accepting a street hail)
has committed a civil motor vehicle infraction under the Jackson Municipal Code
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and may be issued a ticket by the committee or the department and, if so cited,
shall be subject to a fine of 350 dollars and $500 for each subsequent offense.
Section 126-510. Annual Fees.
(a). In addition to the application fee, each transportation network company shall
pay an annual fee of $2500.
(b) The payment to the City of Jackson of the annual fee described in Section 126510(a) is not a tax. The payment to the City of Jackson of the annual fee
described in Section 126-510(a) does not relieve the obligation of the
transportation network company or its drivers to pay any taxes or fees for
providing vehicle-for-hire services imposed by the State, including, but not
limited to, any taxes or fees related to Jackson Convention and Visitors Bureau or
the Jackson Convention Complex.
Section 126-511. Miscellaneous.
(a) The committee may establish forms and procedures appropriate to effectuate
sections 126-501 through 126-512 of this chapter. In so doing, it shall consider
comments provided to it by transportation network companies.
(b) The committee shall monitor and examine the provision of service by
transportation network companies to all citizens of Jackson, regardless of race,
class, location in the city, or special needs and shall report to the City Council and
Mayor on an annual basis about whether further regulation of transportation
network companies is necessary to address the fair provision of service to all
citizens of Jackson.
(c) Records shall be maintained by transportation network companies, including,
but not limited to, records pertaining to service, accessibility, and pricing in the
City of Jackson. Transportation network companies shall retain individual trip
records for at least a year and driver records for at least one year after the driver's
activation on the digital network or app ends. Each transportation network
company or any applicant for a transportation network company permit shall
furnish all information and documents related to the condition, management, and
operation of the company upon the Citys request; provided, however, that any
such request must be reasonably related to the requirements set forth in sections
126-501 through 126-511 of this chapter.
(d) Any record furnished to the department may exclude information that would
tend to identify specific passengers, unless such information is pertinent to the
enforcement processes.
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(e) Any driver who has a valid and current certification under this article as a
transportation network company driver and who is displaying on his or her
vehicle the external markings required in Section 126-505(f) shall be authorized
to pick-up and drop-off passengers using the transportation network company
system at any Jackson Municipal Airport. While at the airport, however, the driver
shall not be allowed to access any parking or waiting zones that are not available
for a private car or personal vehicle and the driver shall not be allowed to pick up
fares or be hailed by people who are not using the transportation network
company app or website unless authorized by the Jackson Municipal Airport
Authority.
Section 126-512. Public Records.
(a) Any record furnished to the committee or the police department by a
transportation network company pursuant to sections 126-501 through 126-512 of
this chapter, including but not limited to the roster of permitted transportation
network drivers required by subsection (d) of section 126-505 shall be considered
a public record as that term is used in Mississippi Code Section 25-61-1 et seq.
except in so far as said document or information may be withheld from disclosure,
in whole or in part, for reasons set forth in Mississippi Code Section 25-61-1 et
seq.
SECTION 3 Chapter 126-3 of the General Laws of the City of Jackson, Mississippi is
hereby amended by adding the follow language to the end of the definition of
Transportation permit and review committee (committee):
The first calendar year after at least one transportation network company has
operated in the City of Jackson during the previous calendar year pursuant to Section
126-501 through Section 126-512 of the General Laws of the City of Jackson, the
committee shall be dissolved on January 31 and a new Transportation Permit and Review
Committee will be empanelled that day. This new committee and the Transportation
Permit and Review Committee thereafter will be comprised of two representatives from
the department of Planning and Development who will serve at the discretion of the
mayor, with one serving as chairperson, one representative appointed by the Jackson
Municipal Airport Authority for a term not to exceed two years; one representative
appointed by the Jackson Convention and Visitors Bureau for a term not to exceed two
years; two representatives from the police department who will serve at the discretion of
the chief of police; and one at-large member who represents the interests of the consumer.
The at-large member will be nominated by the Mayor and approved by the City Council
and will serve a two year term. The representatives of the Department of Planning and
Development, the Jackson Municipal Airport Authority, the Jackson Convention and
Visitors Bureau, the Police Department, and Consumers shall be the voting members of
the committee. One representative from the taxicab companies operating in the City of
Jackson; one representative from limousine companies operating in the City of Jackson;
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one representative from the transportation network companies operating in the City or
Jackson, and one representative from the City of Jackson legal department shall serve on
the committee in an advisory capacity.
SECTION 4. Effective Date.
Except as otherwise provided, this Article shall take effect 30 days from its enactment.
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