Chicago Public Passenger Vehicle License Rules for Public Comment

City of Chicago Department of Business Affairs and Consumer Protection

Public Vehicle Operations Division

DRAFT FOR PUBLIC COMMENT

PUBLIC PASSENGER VEHICLE, OTHER THAN TAXICABS, LICENSE HOLDER

RULES AND REGULATIONS

Effective __________

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.

October 22, 2012 Draft for Public Comment - Page 2 of 29

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 Date Commissioner



TABLE OF CONTENTS SECTION TITLE PAGE DEFINITIONS 4

SECTION I. GENERAL PROVISIONS 4 SECTION II. ISSUANCE, TRANSFER, AND CHANGE OF OFFICERS OF PUBLIC PASSENGER VEHICLE LICENSES 8 SECTION III. LICENSEE RENEWAL REQUIREMENTS 9 SECTION IV. VEHICLE REQUIREMENTS, INSPECTIONS, AND CHANGE OF EQUIPMENT 11 SECTION V. PUBLIC CHAUFFEURS 18 SECTION VI. ADVERTISING 19 SECTION VII. RULES SPECIFIC TO CHARTER/SIGHTSEEING 20 LICENSEES SECTION VIII. MISCELLANEOUS 24

SECTION IX. PENALTIES 26

APPENDIX A. CITY OF CHICAGO PERMITTED STANDS FOR SOLICITATION OF PASSENGERS BY CHARTER/SIGHTSEEING VEHICLE LICENSEES 28



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. GENERAL PROVISIONS RULE PV1.01 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.


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. RULE PV1.04 Licensee Photographs Processing and Fees Reserved. RULE PV1.05 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.

RULE PV1.06 Non-discriminatory practices

All PPV licensees must comply with all Federal, State and City non-discriminatory 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.


RULE PV1.08 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.

b. Only the individual licensee may transact business with the

Department on behalf of an individually held public passenger vehicle license.

RULE PV1.09 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, charter-sightseeing, jitney car service, or medical carrier) or a limited business license.

RULE PV1.10 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.

b. Fares for public passenger vehicle transportation must be pre-

arranged.

c. 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.

RULE PV1.11 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


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.

c. Licensees may advertise or publish a fixed or a flat rate of fare

for transportation between two destinations. RULE PV1.12 Financial Reporting Requirements Reserved. RULE PV1.13 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.

b. 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.

c. 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.

RULE PV1.14 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.


RULE PV1.15 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 9-112 at the same time.

SECTION II. ISSUANCE, TRANSFER, AND CHANGE OF OFFICERS OF PUBLIC

PASSENGER VEHICLE LICENSES

RULE PV2.01 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.

RULE PV2.02 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.

RULE PV2.03 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.

b. 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


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.

d. An addition or change of officer is not complete until all fees associated with the process are paid.

RULE PV2.04 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. LICENSEE RENEWAL REQUIREMENTS RULE PV3.01 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.

RULE PV3.02 Effect of Late Renewal Application or Late Payments

a. Pursuant to MCC §9-114-070, a PPV licensee must renew its license prior to the expiration date of the licensing term.

b. 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.

c. 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


amount of the annual license fee, but in no event not less than $25.00.

d. 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.

e. 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.

RULE PV3.03 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.

RULE PV3.04 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;

b. 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;

c. 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

d. Payment of all applicable public passenger vehicle renewal fees, late fees, and interest, if any.

RULE PV3.05 License Renewal Appointments

The Department may schedule for PPV licensees a renewal appointment to renew their licenses at a specific date and time. a. PPV licensees must appear at their scheduled license renewal

appointment. b. PPV licensees that are unable to appear for their scheduled

license renewal appointment may request to advance or re-schedule their appointment by requesting to do so on a form


prescribed by the Commissioner, provided that such request is received at least 48 hours prior to the scheduled appointment.

c. A PPV licensee that fails to appear for its scheduled date and time license renewal appointment and fails to timely re-schedule the appointment in advance, is subject to a $25.00 license renewal appointment rescheduling fee.

RULE PV3.06 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.

SECTION IV. VEHICLE REQUIREMENTS, INSPECTIONS, AND CHANGE OF EQUIPMENT RULE PV4.01 Authorized Public Passenger Vehicles for All PPV Licensees

a. The Department shall maintain a list of authorized vehicles

that may be used as public passenger vehicles in accordance with MCC §9-114-150.

b. All public passenger vehicles must meet applicable Federal Motor Vehicle Safety Standards for vehicles of its size, type and proposed use.

c. 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.

d. 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,

e. 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.


f. 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.

g. 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.

RULE PV4.02 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.

RULE PV4.03 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).

b. 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


the vehicle was initially placed into service as a Chicago licensed public passenger vehicle for the first time.

2. 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.

3. 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.

RULE PV4.04 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

2. 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.

b. 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.

2. No livery licensee may use a vehicle in operation as a

licensed livery with a vehicle age of seven (7) years or more.


RULE PV4.05 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.

b. 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.

c. 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.

d. 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.

RULE PV4.06 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.

b. A vehicle must have State of Illinois issued Public

Transportation (PT) license plates to be eligible for a Jitney Car Service license.

RULE PV4.07 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.

2. No medical carrier licensee may continue to use a

vehicle which is not a wheelchair accessible vehicle, as


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.

b. 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).

RULE PV4.08 Public Passenger Vehicle Inspections

a. Licensees must deliver their public passenger vehicles for inspection as designated by the Department.

b. 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.

c. 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.

d. 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.


RULE PV4.09 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.

b. 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.).

c. 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;

2. 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;

3. 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;

4. The interior of the vehicle shall be kept free of any material or odor which a reasonable person would find noxious or unpleasant; and

5. 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.

6. 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.


d. 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.

e. 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.

RULE PV4.10 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. A completed, signed, and dated COE request form on a form

prescribed by the Commissioner; b. Title or registration of vehicle or manufacturer's certificate of

origin ; c. A bill of vehicle sale or vehicle lease;

d. Proof of current City of Chicago vehicle sticker purchase;

e. Public passenger vehicle license card or emblem;

f. Current certificate of insurance; g. Vehicle History Report (e.g., Carfax or Autocheck);

h. IDOT (Illinois Department of Transportation Inspection)

inspection, dated within 90 days of COE date; and

i. Payment of $25.00 COE processing fee.

RULE PV4.11 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


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.

RULE PV4.13 Public Passenger Vehicle License Card and Emblem Fees

pursuant to MCC §9-114-130

a. $50.00 - The fee to replace the public passenger vehicle license emblem.

b. $25.00 – The fee to replace a public passenger vehicle license (“hard card”) card.

c. 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.

RULE PV4.14 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. PUBLIC CHAUFFEURS

RULE PV5.01 Valid Licenses Required

PPV licensees must ascertain that any driver of its licensed vehicle has in his or her possession:


a. 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

b. A current and valid City of Chicago Restricted Public Chauffeur's License or Taxicab Driver’s License.

RULE PV5.02 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.

b. 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.

RULE PV5.03 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. ADVERTISING RULE PV6.01 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.

RULE PV6.02 Advertising displays permitted on Charter/Sightseeing Vehicles

Advertising displays are permitted on Charter/Sightseeing Vehicles. See “SECTION VII. RULES SPECIFIC TO CHARTER/SIGHTSEEING LICENSEES”.


SECTION VII. RULES SPECIFIC TO CHARTER/SIGHTSEEING LICENSEES RULE PV7.01 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.

RULE PV7.02 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.


RULE PV7.03 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.

RULE PV7.04 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. RULE PV7.05 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 charter-sightseeing license for which an advertising permit is issued will automatically revoke, rescind or deny renewal of the same advertising permit.


RULE PV7.06 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.

RULE PV7.07 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.

b. 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.


RULE PV7.08 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.

RULE PV7.09 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.

RULE PV7.10 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.

b. If the application is approved and permit paid for, the

Department shall issue the advertising display permit. c. 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.

d. 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.


RULE PV7.11 Grounds for Immediate Suspension of an Advertising Permit

The following are grounds for the immediate suspension of a public passenger vehicle advertising permit:

a. Material false or misleading information on an advertising

permit application.

b. An advertising display device that poses a risk to public safety.

c. Non-compliance with Advertising Guidelines listed above. d. Suspension of the public passenger vehicle license.

RULE PV7.12 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.

b. 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.

RULE PV7.13 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. MISCELLANEOUS RULE PV8.01 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.


RULE PV8.02 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.

RULE PV8.03 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.

RULE PV8.04 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.

b. 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.

c. 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.”

d. The owner of an “antique”, “vintage”, or “classic” vehicle

(defined as a vehicle which has a vehicle age of at least twenty-five (25) years) may apply for a temporary daily permit to use the vehicle as a public passenger vehicle.

e. Applicants for a temporary daily permit must submit:

1. Proof that the vehicle has the minimum insurance coverage indicated 9-114-170; and


2. Proof that the vehicle has passed an Illinois Department of Transportation inspection within the past six (6) months.

f. Temporary daily permits are good only for the dates indicated

on the permit. h. 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. PENALTIES RULE PV9.01 Definitions

For the purpose of this section pursuant to MCC §9-114-410:

a. “Repeated offense” means a second or subsequent commission of the same or similar offense within a one (1) year period;

b. “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.

RULE PV9.02 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:


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


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


COMMENT DEADLINE: November 9, 2012 at 5:00 pm CST. Comments to above proposed rules must be submitted in writing to [email protected] 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

mailto:[email protected]