Full Text of HB4075 98th General Assembly
HB4075eng 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Sections 1-122.7, 1-176.1, 3-412, 8-101, 13-101, and 18c-6102 | 6 | | as follows:
| 7 | | (625 ILCS 5/1-122.7)
| 8 | | Sec. 1-122.7. For-profit ridesharing arrangement. The | 9 | | transportation by
motor vehicle of not more than 16 persons, | 10 | | including the driver, for which a
fee is charged in accordance | 11 | | with Section 6 of the Ridesharing Arrangements and Consumer | 12 | | Protection
Act , or a commercial ridesharing arrangement as | 13 | | defined by the Ridesharing Arrangements and Consumer | 14 | | Protection Act .
| 15 | | (Source: P.A. 90-89, eff. 1-1-98.)
| 16 | | (625 ILCS 5/1-176.1) (from Ch. 95 1/2, par. 1-176.1)
| 17 | | Sec. 1-176.1. Ridesharing arrangement. The transportation | 18 | | by motor vehicle of not more than 16 persons, including
the | 19 | | driver, (1) for purposes incidental to another purpose of the | 20 | | driver, for
which no fee is charged or paid except to reimburse | 21 | | the driver or owner of the
vehicle for his or her operating | 22 | | expenses on a nonprofit basis or (2) when
these
persons are |
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| 1 | | traveling between their homes and their places of employment, | 2 | | or
places reasonably convenient thereto, for which (i) no fee | 3 | | is charged or paid
except to reimburse the driver or owner of | 4 | | the vehicle for his or her operating
expenses on a nonprofit | 5 | | basis or (ii) a fee is charged in accordance with the
| 6 | | provisions of Section 6 of the Ridesharing Arrangements and | 7 | | Consumer Protection Act.
| 8 | | (Source: P.A. 90-89, eff. 1-1-98.)
| 9 | | (625 ILCS 5/3-412) (from Ch. 95 1/2, par. 3-412)
| 10 | | Sec. 3-412. Registration plates and registration stickers | 11 | | to be
furnished by the Secretary of State. | 12 | | (a) The Secretary of State upon registering a vehicle | 13 | | subject to annual
registration for the first time shall issue | 14 | | or shall cause to be issued to the
owner one registration plate | 15 | | for a motorcycle, trailer, semitrailer, moped or | 16 | | truck-tractor, 2 registration plates for other motor vehicles
| 17 | | and, where applicable, current registration stickers for motor | 18 | | vehicles of the
first division. The provisions of this Section | 19 | | may be made applicable to such
vehicles of the second division, | 20 | | as the Secretary of State may, from time to
time, in his | 21 | | discretion designate. On subsequent annual registrations
| 22 | | during the term of the registration plate as provided in | 23 | | Section 3-414.1, the
Secretary shall issue or cause to be | 24 | | issued registration stickers as evidence
of current | 25 | | registration. However, the issuance of annual registration |
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| 1 | | stickers
to vehicles registered under the provisions of | 2 | | Sections 3-402.1 and 3-405.3 of
this Code may not be required | 3 | | if the Secretary deems the issuance unnecessary.
| 4 | | (b) Every registration plate shall have displayed upon it | 5 | | the registration
number assigned to the vehicle for which it is | 6 | | issued, the name of this State,
which may be abbreviated, the | 7 | | year number for which it was issued, which may
be abbreviated, | 8 | | the phrase "Land of Lincoln" (except as otherwise provided in
| 9 | | this Code), and such other letters or numbers as the Secretary
| 10 | | may prescribe. However, for apportionment plates issued to | 11 | | vehicles registered
under Section 3-402.1 and fleet plates | 12 | | issued to vehicles registered under
Section 3-405.3, the phrase | 13 | | "Land of Lincoln" may be omitted to allow for
the word | 14 | | "apportioned", the word "fleet", or other similar language to | 15 | | be
displayed. Registration plates issued to a vehicle | 16 | | registered as a fleet
vehicle may display a designation | 17 | | determined by the Secretary.
| 18 | | The Secretary may in his discretion prescribe
that letters | 19 | | be used as prefixes only on registration plates issued to | 20 | | vehicles
of the first division which are registered under this | 21 | | Code and only as suffixes
on registration plates issued to | 22 | | other vehicles. Every registration sticker
issued as evidence | 23 | | of current registration shall designate the year number
for | 24 | | which it is issued and such other letters or numbers as the | 25 | | Secretary may
prescribe and shall be of a contrasting color | 26 | | with the registration plates and
registration stickers of the |
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| 1 | | previous year.
| 2 | | (c) Each registration plate and the required letters and | 3 | | numerals thereon,
except the year number for which issued, | 4 | | shall be of sufficient size to be
plainly readable from a | 5 | | distance of 100 feet during daylight, and shall be
coated with | 6 | | reflectorizing material. The dimensions of the plate issued to
| 7 | | vehicles of the first division shall be 6 by 12 inches.
| 8 | | (d) The Secretary of State shall issue for every passenger | 9 | | motor vehicle
rented without a driver the same type of | 10 | | registration plates as the type of
plates issued for a private | 11 | | passenger vehicle.
| 12 | | (e) The Secretary of State shall issue for every passenger
| 13 | | car used as a taxicab , or livery, or in a commercial | 14 | | ridesharing arrangement in which the driver participates in | 15 | | commercial ridesharing arrangements for more than 18 hours per | 16 | | week, distinctive registration plates.
| 17 | | (f) The Secretary of State shall issue for every motorcycle
| 18 | | distinctive registration plates distinguishing between
| 19 | | motorcycles having 150 or more cubic centimeters piston
| 20 | | displacement, or having less than 150 cubic centimeter
piston | 21 | | displacement.
| 22 | | (g) Registration plates issued to vehicles for-hire may
| 23 | | display a designation as determined by the Secretary that
such | 24 | | vehicles are for-hire , including, but not limited to, vehicles | 25 | | used as taxicabs, liveries, or in commercial ridesharing | 26 | | arrangements for more than 18 hours per week .
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| 1 | | (h) (Blank).
| 2 | | (i) The Secretary of State shall issue for every public and | 3 | | private
ambulance registration plates identifying the vehicle | 4 | | as an ambulance.
The Secretary shall forward to the Department | 5 | | of Healthcare and Family Services registration
information for | 6 | | the purpose of verification of claims filed with the
Department | 7 | | by ambulance owners for payment for services to public | 8 | | assistance
recipients.
| 9 | | (j) The Secretary of State shall issue for every public and | 10 | | private
medical carrier or rescue vehicle livery registration | 11 | | plates displaying
numbers within ranges of numbers reserved | 12 | | respectively for medical carriers
and rescue vehicles. The | 13 | | Secretary shall forward to the Department of Healthcare and | 14 | | Family Services registration information for the purpose of | 15 | | verification of claims filed
with the Department by owners of | 16 | | medical carriers or rescue vehicles for
payment for services to | 17 | | public assistance recipients.
| 18 | | (k) The Secretary of State shall issue distinctive license | 19 | | plates or distinctive license plate stickers for every vehicle | 20 | | exempted from subsections (a) and (a-5) of Section 12-503 by | 21 | | subsection (g) of that Section, and by subsection (g-5) of that | 22 | | Section before its deletion by this amendatory Act of the 95th | 23 | | General Assembly. The Secretary shall issue these plates or | 24 | | stickers immediately upon receiving the physician's | 25 | | certification required under subsection (g) of Section 12-503. | 26 | | New plates or stickers shall also be issued when the |
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| 1 | | certification is renewed as provided in that subsection.
| 2 | | (l) The Secretary of State shall issue distinctive | 3 | | registration plates for low-speed vehicles. | 4 | | (Source: P.A. 95-202, eff. 8-16-07; 95-331, eff. 8-21-07; | 5 | | 96-554, eff. 1-1-10; 96-653, eff. 1-1-10; 96-815, eff. | 6 | | 10-30-09; 96-1000, eff. 7-2-10.)
| 7 | | (625 ILCS 5/8-101) (from Ch. 95 1/2, par. 8-101)
| 8 | | Sec. 8-101. Proof of financial responsibility -
Persons who | 9 | | operate motor vehicles in
transportation of passengers for | 10 | | hire.
| 11 | | (a) It is unlawful for any person, firm or corporation to | 12 | | operate any motor
vehicle along or upon any public street or | 13 | | highway in any incorporated
city, town or village in this State | 14 | | for the carriage of passengers for
hire, accepting and | 15 | | discharging all such persons as may offer themselves
for | 16 | | transportation unless such person, firm or corporation has | 17 | | given, and
there is in full force and effect and on file with | 18 | | the Secretary of State
of Illinois, proof of financial | 19 | | responsibility provided in this Act. | 20 | | (b) In
addition this Section shall also apply to persons, | 21 | | firms or corporations
who are in the business of providing | 22 | | transportation services for minors to
or from educational or | 23 | | recreational facilities, except that this Section
shall not | 24 | | apply to public utilities subject to regulation under "An Act
| 25 | | concerning public utilities," approved June 29, 1921, as |
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| 1 | | amended, or to
school buses which are operated by public or | 2 | | parochial schools and are
engaged solely in the transportation | 3 | | of the pupils who attend such schools.
| 4 | | (c) This Section also applies to a contract carrier | 5 | | transporting
employees in the course of their employment on a | 6 | | highway of this State in a
vehicle
designed to carry 15 or | 7 | | fewer passengers. As part of proof of financial responsibility, | 8 | | a contract carrier transporting employees in the course of | 9 | | their employment is required to verify hit and run and | 10 | | uninsured motor vehicle coverage, as provided in Section 143a | 11 | | of the Illinois Insurance Code, and underinsured motor vehicle | 12 | | coverage, as provided in Section 143a-2 of the Illinois | 13 | | Insurance Code, in a total amount of not less than $250,000 per | 14 | | passenger. | 15 | | (d) This Section shall not apply to
any person | 16 | | participating in a ridesharing
arrangement , a for-profit | 17 | | ridesharing arrangement other than a commercial ridesharing | 18 | | arrangement, or operating a commuter van, but only during the | 19 | | performance
of activities authorized by Sections 5 and 6 of the | 20 | | Ridesharing Arrangements and Consumer Protection Act.
| 21 | | (e) If the person operating such motor vehicle is not the | 22 | | owner, then proof
of financial responsibility filed hereunder | 23 | | must provide that the owner is
primarily liable. In the case of | 24 | | motor vehicles used in commercial ridesharing arrangements, | 25 | | the dispatchers providing dispatch services to the driver of | 26 | | the motor vehicle must submit proof that the driver will be an |
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| 1 | | additional insured on a primary insurance policy that will | 2 | | provide coverage during the time period the driver makes | 3 | | himself, herself, or the vehicle available for dispatch or | 4 | | while a commercial ridesharing arrangement passenger is in the | 5 | | vehicle.
| 6 | | (Source: P.A. 94-319, eff. 1-1-06.)
| 7 | | (625 ILCS 5/13-101) (from Ch. 95 1/2, par. 13-101)
| 8 | | Sec. 13-101. Submission to safety test; Certificate of | 9 | | safety. To
promote the safety of the general public, every | 10 | | owner of a second division
vehicle, medical transport vehicle, | 11 | | tow truck, first division vehicle including a taxi which is | 12 | | used for a purpose that requires a school bus driver permit, | 13 | | motor vehicle used for driver education training, motor vehicle | 14 | | required to submit to safety testing under subparagraph (A) of | 15 | | paragraph (1) of subsection (b) of Section 7 of the Ridesharing | 16 | | Arrangements and Consumer Protection Act, or contract carrier
| 17 | | transporting employees in the course of their employment on a | 18 | | highway of
this State in a vehicle designed to carry 15 or | 19 | | fewer passengers shall,
before operating the vehicle
upon the | 20 | | highways of Illinois, submit it to a "safety test" and secure a
| 21 | | certificate of safety furnished by the Department as set forth | 22 | | in Section
13-109. Each second division motor vehicle that | 23 | | pulls or draws a trailer,
semitrailer or pole trailer, with a | 24 | | gross weight of more than 8,000 lbs or
is registered for a | 25 | | gross weight of more than 8,000 lbs, motor bus,
religious |
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| 1 | | organization bus, school bus, senior citizen transportation | 2 | | vehicle,
and limousine shall be subject to
inspection by the | 3 | | Department and the Department is authorized to
establish rules | 4 | | and regulations for the implementation of such inspections.
| 5 | | The owners of each salvage vehicle shall submit it to a | 6 | | "safety test" and
secure a certificate of safety furnished by | 7 | | the Department prior to its
salvage vehicle inspection pursuant | 8 | | to Section 3-308 of this Code.
In implementing and enforcing | 9 | | the provisions of this Section, the
Department and other | 10 | | authorized State agencies shall do so in a manner
that is not | 11 | | inconsistent with any applicable federal law or regulation so
| 12 | | that no federal funding or support is jeopardized by the | 13 | | enactment or
application of these provisions.
| 14 | | However, none of the provisions of Chapter 13 requiring | 15 | | safety
tests or a certificate of safety shall apply to:
| 16 | | (a) farm tractors, machinery and implements, wagons, | 17 | | wagon-trailers
or like farm vehicles used primarily in | 18 | | agricultural pursuits;
| 19 | | (b) vehicles other than school buses, tow trucks and | 20 | | medical
transport vehicles owned or operated by a municipal | 21 | | corporation or
political subdivision having a population | 22 | | of 1,000,000 or more inhabitants
and which are subject to | 23 | | safety tests imposed by local ordinance or resolution;
| 24 | | (c) a semitrailer or trailer having a gross weight of | 25 | | 5,000 pounds
or less including vehicle weight and maximum | 26 | | load;
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| 1 | | (d) recreational vehicles;
| 2 | | (e) vehicles registered as and displaying Illinois
| 3 | | antique vehicle plates and vehicles registered as | 4 | | expanded-use antique vehicles and displaying expanded-use | 5 | | antique vehicle plates;
| 6 | | (f) house trailers equipped and used for living | 7 | | quarters;
| 8 | | (g) vehicles registered as and displaying Illinois | 9 | | permanently
mounted equipment plates or similar vehicles | 10 | | eligible therefor but
registered as governmental vehicles | 11 | | provided that if said vehicle is
reclassified from a | 12 | | permanently mounted equipment plate so as to lose the
| 13 | | exemption of not requiring a certificate of safety, such | 14 | | vehicle must be
safety tested within 30 days of the | 15 | | reclassification;
| 16 | | (h) vehicles owned or operated by a manufacturer, | 17 | | dealer or
transporter displaying a special plate or plates | 18 | | as described in Chapter
3 of this Code while such vehicle | 19 | | is being delivered from the
manufacturing or assembly plant | 20 | | directly to the purchasing dealership or
distributor, or | 21 | | being temporarily road driven for quality control testing,
| 22 | | or from one dealer or distributor to another, or are being
| 23 | | moved by the most direct route from one location to another | 24 | | for the
purpose of installing special bodies or equipment, | 25 | | or driven for purposes
of demonstration by a prospective | 26 | | buyer with the dealer or his agent present
in the cab of |
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| 1 | | the vehicle during the demonstration;
| 2 | | (i) pole trailers and auxiliary axles;
| 3 | | (j) special mobile equipment;
| 4 | | (k) vehicles properly registered in another State | 5 | | pursuant to law and
displaying a valid registration plate, | 6 | | except vehicles of contract carriers
transporting | 7 | | employees in the course of their employment on a highway of | 8 | | this
State in a vehicle designed to carry 15 or fewer | 9 | | passengers
are only exempted to the extent that the safety | 10 | | testing
requirements applicable to such vehicles in the | 11 | | state of registration
are no less stringent than the safety | 12 | | testing requirements applicable
to contract carriers that | 13 | | are lawfully registered in Illinois;
| 14 | | (l) water-well boring apparatuses or rigs;
| 15 | | (m) any vehicle which is owned and operated by the | 16 | | federal government
and externally displays evidence of | 17 | | such ownership; and
| 18 | | (n) second division vehicles registered for a gross | 19 | | weight of 8,000
pounds or less, except when such second | 20 | | division motor vehicles pull
or draw a trailer, | 21 | | semi-trailer or pole trailer having a gross weight of
or | 22 | | registered for a gross weight of more than 8,000 pounds; | 23 | | motor buses;
religious organization buses; school buses; | 24 | | senior citizen transportation
vehicles; medical transport | 25 | | vehicles and tow trucks.
| 26 | | The safety test shall include the testing and inspection of
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| 1 | | brakes, lights, horns, reflectors, rear vision mirrors, | 2 | | mufflers,
safety chains, windshields and windshield wipers, | 3 | | warning flags and
flares, frame, axle, cab and body, or cab or | 4 | | body, wheels, steering
apparatus, and other safety devices and | 5 | | appliances required by this Code
and such other safety tests as | 6 | | the Department may by rule or regulation
require, for second | 7 | | division vehicles, school buses, medical transport
vehicles, | 8 | | tow trucks, first division vehicles including taxis which are | 9 | | used for a purpose that requires a school bus driver permit, | 10 | | motor vehicles required to submit to safety testing under | 11 | | subparagraph (A) of paragraph (1) of subsection (b) of Section | 12 | | 7 of the Ridesharing Arrangements and Consumer Protection Act, | 13 | | motor vehicles used for driver education training, vehicles | 14 | | designed to carry 15 or fewer passengers
operated by a contract | 15 | | carrier transporting employees in the course of their
| 16 | | employment
on a highway of this State, trailers, and
| 17 | | semitrailers subject to inspection.
| 18 | | For tow trucks, the safety test and inspection shall also | 19 | | include
the inspection of winch mountings, body panels, body
| 20 | | mounts, wheel lift swivel points,
and sling straps, and other | 21 | | tests and inspections the Department by
rule requires for tow | 22 | | trucks.
| 23 | | For driver education vehicles used by public high schools, | 24 | | the vehicle must also be equipped with dual control brakes, a | 25 | | mirror on each side of the vehicle so located as to reflect to | 26 | | the driver a view of the highway for a distance of at least 200 |
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| 1 | | feet to the rear, and a sign visible from the front and the | 2 | | rear identifying the vehicle as a driver education car. | 3 | | For trucks, truck tractors, trailers, semi-trailers, | 4 | | buses, and first division vehicles including taxis which are | 5 | | used for a purpose that requires a school bus driver permit, | 6 | | the
safety test shall be conducted in accordance with the | 7 | | Minimum Periodic
Inspection Standards promulgated by the | 8 | | Federal Highway Administration of
the U.S. Department of | 9 | | Transportation and contained in Appendix G to
Subchapter B of | 10 | | Chapter III of Title 49 of the Code of Federal Regulations.
| 11 | | Those standards, as now in effect, are made a part of this | 12 | | Code, in the
same manner as though they were set out in full in | 13 | | this Code.
| 14 | | The passing of the safety test shall not be a bar at any | 15 | | time to
prosecution for operating a second division vehicle, | 16 | | medical
transport
vehicle, motor vehicle used for driver | 17 | | education training, or vehicle designed to carry 15 or fewer | 18 | | passengers operated by a
contract carrier as provided in this | 19 | | Section that is unsafe, as determined by
the standards | 20 | | prescribed in this Code.
| 21 | | (Source: P.A. 97-224, eff. 7-28-11; 97-412, eff. 1-1-12; | 22 | | 97-813, eff. 7-13-12; 97-1025, eff. 1-1-13.)
| 23 | | (625 ILCS 5/18c-6102) (from Ch. 95 1/2, par. 18c-6102)
| 24 | | Sec. 18c-6102. Exemptions From Commission Jurisdiction.
| 25 | | The provisions of this Sub-chapter shall not, except as |
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| 1 | | provided
in Section 18c-6501 of this Chapter, apply to:
| 2 | | (1) carriers owned by any political subdivision, school | 3 | | district,
institution of higher education, or municipality, | 4 | | and operated either by
such political subdivision, institution | 5 | | of higher education, or
municipality or its lessee or agent;
| 6 | | (2) commuter vans as defined in this Code;
| 7 | | (3) carriers transporting passengers without fixed routes | 8 | | or
schedules and charging on a time or distance basis, | 9 | | including
taxicabs, charter operations, and contract bus | 10 | | operations;
| 11 | | (4) carriers transporting passengers with fixed routes and | 12 | | schedules
and charging on a per passenger fixed charge basis | 13 | | and which do not include
an airport as a point to be served on | 14 | | the route, in whole or in part;
| 15 | | (5) transportation in vehicles with a manufacturer's rated
| 16 | | seating capacity of less than 8 persons, including the
driver;
| 17 | | (6) transportation subject to the Ridesharing Arrangements | 18 | | and Consumer Protection Act;
| 19 | | (7) commuter buses offering short-haul for-hire regularly | 20 | | scheduled
passenger transportation service within metropolitan | 21 | | and suburban areas,
over regular routes with fixed schedules, | 22 | | and utilized primarily by
passengers using reduced-fare, | 23 | | multiple-ride, or commutation tickets during
morning and | 24 | | evening peak periods in travelling to and from their places of
| 25 | | employment; and
| 26 | | (8) those persons owning and operating school buses, as |
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| 1 | | defined in this
Code, and regulated by other provisions of this
| 2 | | Code.
| 3 | | (Source: P.A. 90-407, eff. 8-15-97; 91-357, eff. 7-29-99.)
| 4 | | Section 10. The Ridesharing Arrangements Act is amended by | 5 | | changing Sections 1, 2, and 5 and by adding Section 7 as | 6 | | follows:
| 7 | | (625 ILCS 30/1) (from Ch. 95 1/2, par. 901)
| 8 | | Sec. 1.
This Act shall be known and may be cited as the | 9 | | Ridesharing Arrangements and Consumer Protection Act.
| 10 | | (Source: P.A. 82-656.)
| 11 | | (625 ILCS 30/2) (from Ch. 95 1/2, par. 902)
| 12 | | Sec. 2.
(a) "Ridesharing arrangement" means the | 13 | | transportation by motor
vehicle of not more than 16 persons | 14 | | (including the driver):
| 15 | | (1) for purposes incidental to another purpose of the | 16 | | driver, for which
no fee is charged or paid except to reimburse | 17 | | the driver or owner of the
vehicle for his operating expenses | 18 | | on a nonprofit basis; or
| 19 | | (2) when such persons are travelling between their homes | 20 | | and their places
of employment, or places reasonably convenient | 21 | | thereto, for which (i) no
fee is charged or paid except to | 22 | | reimburse the driver or owner of the vehicle
for his operating | 23 | | expenses on a nonprofit basis, or (ii) a fee is charged
in |
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| 1 | | accordance with the provisions of Section 6 of this Act.
| 2 | | (b) "For-profit ridesharing arrangement" means : | 3 | | (1) a ridesharing arrangement for
which a fee is | 4 | | charged in accordance with Section 6 of this Act ; or .
| 5 | | (2) a commercial ridesharing arrangement conducted in | 6 | | accordance with Section 7 of this Act. | 7 | | (c) "Commercial ridesharing arrangement" means a | 8 | | ridesharing arrangement in which the method of transportation | 9 | | is a vehicle owned or leased for personal use, of not more than | 10 | | 6 persons (including the driver), prearranged through a | 11 | | dispatcher, and for which a fee is charged, but that is not | 12 | | provided in accordance with the limitations of Section 6 of | 13 | | this Act. "Commercial ridesharing arrangement" includes a | 14 | | for-hire public passenger vehicle licensed by a unit of local | 15 | | government as a taxicab, but only for the purpose of | 16 | | establishing a fare under subparagraph (D) of paragraph (1) of | 17 | | subsection (b) of Section 7, when the driver of the taxicab | 18 | | receives a dispatch using Internet, smartphone, or an | 19 | | electronic application from a dispatcher. | 20 | | (d) "Dispatch" means the act of facilitating a connection | 21 | | between drivers and passengers for a commercial ridesharing | 22 | | arrangement using telephone, Internet, smartphone, or an | 23 | | electronic application, with or without an account set up | 24 | | between the passenger and the connecting person. | 25 | | (e) "Dispatcher" means a person that performs a dispatch. | 26 | | (Source: P.A. 83-1091.)
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| 1 | | (625 ILCS 30/5) (from Ch. 95 1/2, par. 905)
| 2 | | Sec. 5. (a) No unit of local government, whether or not it | 3 | | is a home rule unit, may:
| 4 | | (1) license or regulate ridesharing arrangements;
| 5 | | (2) impose any tax or fee upon the owner or operator of a | 6 | | motor vehicle
because of its use in a ridesharing arrangement;
| 7 | | (3) prohibit or regulate the charging of fees for | 8 | | ridesharing arrangements
in accordance with Section 6 of this | 9 | | Act.
| 10 | | This Act , as it applies to ridesharing arrangements, is | 11 | | declared to be a denial and limitation of the powers of home
| 12 | | rule units pursuant to paragraph (g) of Section 6 of Article | 13 | | VII of the
Illinois Constitution.
| 14 | | (b) Other than with respect to paragraph (1) of subsection | 15 | | (a) of Section 7 of this Act and subparagraph (D) of paragraph | 16 | | (1) of subsection (b) of Section 7 of this Act, a unit of local | 17 | | government, whether or not it is a home rule unit, may not | 18 | | license or regulate commercial ridesharing arrangements, | 19 | | dispatchers, or drivers participating in commercial | 20 | | ridesharing arrangements in a manner that is less restrictive | 21 | | than the regulation by the State under this Act. This | 22 | | subsection (b) is a limitation under subsection (i) of Section | 23 | | 6 of Article VII of the Illinois Constitution on the concurrent | 24 | | exercise by home rule units of powers and functions exercised | 25 | | by the State. |
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| 1 | | (c) A unit of local government, whether or not it is a home | 2 | | rule unit, may not license or regulate commercial ridesharing | 3 | | arrangements, dispatchers, or drivers participating in | 4 | | commercial ridesharing arrangements in a manner that is | 5 | | inconsistent with paragraph (1) of subsection (a) of Section 7 | 6 | | of this Act or that is inconsistent with subparagraph (D) of | 7 | | paragraph (1) of subsection (b) of Section 7 of this Act. This | 8 | | subsection (c) is a limitation under subsection (i) of Section | 9 | | 6 of Article VII of the Illinois Constitution on the concurrent | 10 | | exercise by home rule units of powers and functions exercised | 11 | | by the State. | 12 | | (Source: P.A. 83-1091.)
| 13 | | (625 ILCS 30/7 new) | 14 | | Sec. 7. (a) Commercial ridesharing arrangements are | 15 | | subject to the following license and registration | 16 | | requirements: | 17 | | (1) No person shall participate as a driver in | 18 | | commercial ridesharing arrangements for more than 18 hours | 19 | | per week without first securing (i) a chauffeur's license | 20 | | issued by the unit of local government where the vehicle | 21 | | used in the commercial ridesharing arrangement is | 22 | | registered; or (ii) if the unit of local government in | 23 | | which the vehicle used in a commercial ridesharing | 24 | | arrangement is registered does not issue chauffeur's | 25 | | licenses, then a chauffeur's license issued by a unit of |
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| 1 | | local government in which the driver provides commercial | 2 | | ridesharing arrangements. If no unit of local government in | 3 | | which the vehicle used in a commercial ridesharing | 4 | | arrangement is registered or operated issues chauffeur's | 5 | | licenses or if the driver of the commercial ridesharing | 6 | | arrangement does not participate in commercial ridesharing | 7 | | arrangements for more than 18 hours per week, then the | 8 | | driver is not required to obtain a chauffeur's license; | 9 | | provided, however, that the dispatcher shall conduct a | 10 | | background check of a prospective driver prior to | 11 | | dispatching commercial ridesharing arrangements to that | 12 | | driver and shall certify in the reports required by | 13 | | subsection (h) of this Section 7 that the driver is | 14 | | participating in a commercial ridesharing arrangement for | 15 | | 18 or fewer hours per week. | 16 | | (2) No person shall perform dispatches without first | 17 | | securing a commercial ridesharing dispatcher's license | 18 | | from the Department of Financial and Professional | 19 | | Regulation. An applicant for a commercial ridesharing | 20 | | dispatcher's license must submit evidence of the insurance | 21 | | required by item (B) of paragraph (1) of subsection (b) of | 22 | | this Section. This license must be renewed annually. The | 23 | | fee for this license shall be set by the Department of | 24 | | Financial and Professional Regulation. The Department of | 25 | | Financial and Professional Regulation shall adopt rules to | 26 | | implement this paragraph. |
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| 1 | | (3) No commercial ridesharing arrangement shall be | 2 | | conducted in a vehicle that does not have distinctive | 3 | | registration plates issued in accordance with the | 4 | | requirements of Section 3-412 of the Illinois Vehicle Code | 5 | | if the driver or the vehicle participates in commercial | 6 | | ridesharing arrangements for more than 18 hours per week. | 7 | | (b)(1) All commercial ridesharing arrangements shall be | 8 | | conducted under the following standards: | 9 | | (A) A vehicle used for commercial ridesharing | 10 | | arrangements for more than 18 hours per week must | 11 | | conform to the age requirements for vehicles used for | 12 | | transporting passengers for hire adopted by the unit of | 13 | | local government in which the vehicle is registered. | 14 | | Any vehicle used for commercial ridesharing | 15 | | arrangements for more than 18 hours per week must pass | 16 | | any safety inspections required by the unit of local | 17 | | government that issued the driver's chauffeur's | 18 | | license for vehicles used in transporting passengers | 19 | | for-hire. If the unit of local government that issued | 20 | | the driver's chauffeur's license does not require | 21 | | safety inspections for vehicles used in transporting | 22 | | passengers for-hire, or if the driver is not required | 23 | | to have a chauffeur's license under paragraph (1) of | 24 | | subsection (a) of this Section, then the vehicle must | 25 | | pass an annual safety inspection that the dispatcher | 26 | | certifies as meeting the requirements of Section |
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| 1 | | 13-101 of the Illinois Vehicle Code. | 2 | | (B) Dispatchers must carry commercial liability | 3 | | insurance in accordance with Section 12-707.01 of the | 4 | | Illinois Vehicle Code with primary coverage for the | 5 | | dispatcher, the driver, and the vehicle used in the | 6 | | commercial ridesharing arrangement during the time | 7 | | period when the driver makes himself, herself, or the | 8 | | vehicle available for dispatch or while a commercial | 9 | | ridesharing arrangement passenger is in the vehicle. | 10 | | Any terms or conditions in the agreement between the | 11 | | dispatcher and driver, or between the dispatcher and | 12 | | passenger, that would act as a waiver of the | 13 | | dispatcher's liability to the driver, the passenger, | 14 | | or to the public, or as an indemnification from the | 15 | | driver or passenger to the dispatcher, are null, void, | 16 | | and unenforceable. | 17 | | (C) Commercial ridesharing arrangements shall be | 18 | | arranged solely through a dispatcher. No person shall | 19 | | solicit or accept potential passengers' requests for | 20 | | service in a commercial ridesharing arrangement via | 21 | | street hail, hand gestures, or verbal statements. No | 22 | | commercial ridesharing arrangement shall pick up or | 23 | | discharge a passenger at any place prohibited by the | 24 | | unit of local government in which the commercial | 25 | | ridesharing arrangement is conducted, or at any | 26 | | designated taxicab stands, queues, or loading zones. |
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| 1 | | (D) Any vehicle, including a taxicab, used in | 2 | | commercial ridesharing arrangements shall have its | 3 | | fare established by a dispatcher who has provided | 4 | | notice of the amount of the fare to a prospective | 5 | | passenger prior to obtaining the prospective | 6 | | passenger's agreement for the fare. | 7 | | (E) If a unit of local government has requirements | 8 | | for licensed chauffeurs to provide service in | 9 | | under-served areas, drivers participating in | 10 | | commercial ridesharing arrangements within that unit | 11 | | of local government shall be subject to the same | 12 | | requirements for providing service in under-served | 13 | | areas. | 14 | | (F) If a unit of local government has requirements | 15 | | for licensed chauffeurs to provide wheelchair | 16 | | accessible vehicles, drivers participating in | 17 | | commercial ridesharing arrangements within that unit | 18 | | of local government's jurisdiction shall be subject to | 19 | | the same requirements for providing wheelchair | 20 | | accessible vehicles. | 21 | | (2) No person shall perform dispatches except as | 22 | | follows: | 23 | | (A) Dispatches shall be made only to drivers | 24 | | licensed in accordance with subsection (a) of this | 25 | | Section. | 26 | | (B) If distinctive registration plates are |
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| 1 | | required by paragraph (3) of subsection (a) of this | 2 | | Section, then a dispatcher shall ensure that the | 3 | | vehicle has the distinctive registration plates prior | 4 | | to dispatching to that vehicle. | 5 | | (c) Any person, other than a passenger, who participates in | 6 | | a commercial ridesharing arrangement in violation of this | 7 | | Section is guilty of a violation of this Section and shall be | 8 | | subject to the penalties adopted by the Department of Financial | 9 | | and Professional Regulation by administrative rule, including, | 10 | | but not limited to, fines, probation, revocation of licenses, | 11 | | and vehicle impoundment. | 12 | | (d) Any person whose property or person is injured or in | 13 | | danger of injury due to an actual or imminent violation of this | 14 | | Section may file suit in the circuit court having jurisdiction | 15 | | to recover any remedy permitted by law, including damages and | 16 | | injunctive relief. | 17 | | (e) A dispatcher shall assume liability, including the | 18 | | costs of defense and indemnification, for a claim in which a | 19 | | dispute exists as to whether the loss or injury giving rise to | 20 | | the claim occurred while a vehicle involved in the incident | 21 | | giving rise to the claim was made available for dispatch or | 22 | | while a commercial ridesharing arrangement passenger is in the | 23 | | vehicle. The dispatcher must notify the registered owner of the | 24 | | vehicle and the registered owner's insurer of the dispute | 25 | | within 25 business days of receiving notice of the accident | 26 | | that gives rise to the claim.
If a private passenger motor |
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| 1 | | vehicle's registered owner or its insurer is named as a | 2 | | defendant in a civil action for any loss or injury that occurs | 3 | | during the time the vehicle is made available for dispatch, the | 4 | | dispatcher shall have the duty to defend and indemnify the | 5 | | vehicle's registered owner and its insurers. | 6 | | (f) Notwithstanding any provision in the vehicle owner's | 7 | | insurance policy or any other provision of this Act, the | 8 | | insurer providing coverage to the owner of a private passenger | 9 | | motor vehicle may exclude any and all coverage and the duty to | 10 | | defend afforded under the owner's insurance policy for any loss | 11 | | or injury that occurs while the vehicle is made available for | 12 | | dispatch or while a commercial ridesharing arrangement | 13 | | passenger is in the vehicle. This right to exclude coverage and | 14 | | the duty to indemnify and defend applies to all coverage | 15 | | provided by the registered owner's insurer including, but not | 16 | | limited to: | 17 | | (1) liability and physical damage coverage; | 18 | | (2) personal injury protection coverage; | 19 | | (3) uninsured and underinsured motorist coverage; | 20 | | (4) medical payment coverage for persons using or | 21 | | occupying the registered vehicle; | 22 | | (5) comprehensive physical damage coverage; and | 23 | | (6) collision physical damage coverage. | 24 | | (g) A dispatcher must, prior to the first use of a vehicle | 25 | | in a commercial ridesharing arrangement, and upon renewal, | 26 | | cancellation, or change in insurance by the dispatcher, provide |
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| 1 | | the vehicle's registered owner and any driver of the vehicle | 2 | | with a disclosure that contains: | 3 | | (1) information explaining the insurance requirements | 4 | | of this Section; | 5 | | (2) information explaining the coverage and coverage | 6 | | limits provided under the dispatcher's insurance policy; | 7 | | (3) notice that the dispatcher assumes all liability | 8 | | for any loss or injury that occurs while the vehicle is | 9 | | made available for dispatch or while a commercial | 10 | | ridesharing arrangement passenger is in the vehicle; and | 11 | | (4) notice that the dispatcher provides insurance on | 12 | | the vehicle while the vehicle is made available for | 13 | | dispatch or while a commercial ridesharing arrangement | 14 | | passenger is in the vehicle that is comparable to a | 15 | | standard owner's insurance policy and that the vehicle's | 16 | | registered owner's insurance policy may exclude all | 17 | | coverage and the duty to defend or indemnify any person or | 18 | | organization for liability for any loss or injury that | 19 | | occurs while the vehicle is made available for dispatch or | 20 | | while a commercial ridesharing arrangement passenger is in | 21 | | the vehicle. | 22 | | (h) For each vehicle used in a commercial ridesharing | 23 | | arrangement a dispatcher must collect, maintain, and make | 24 | | available to the vehicle's registered owner, the vehicle's | 25 | | registered owner's primary automobile liability insurer, and | 26 | | any government agency as required by law, at the cost of the |
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| 1 | | dispatcher, the following: | 2 | | (1) records that identify the date and duration the | 3 | | driver makes himself, herself, or the vehicle available for | 4 | | dispatch. For vehicles with an electronic tracking device, | 5 | | electronic records of the time, initial and final locations | 6 | | of the vehicle, and miles driven when the vehicle is under | 7 | | the control of a person other than the vehicle's registered | 8 | | owner under a commercial ridesharing arrangement; and | 9 | | (2) in instances where an insurance claim has been | 10 | | filed, any and all information, including payments to the | 11 | | registered owner by the dispatcher, concerning accidents, | 12 | | damages, or injuries. | 13 | | (i) The Department of Financial and Professional | 14 | | Regulation shall adopt rules to implement this Section.
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.
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