HB4075 EnrolledLRB098 15632 MLW 50663 b

1    AN ACT concerning transportation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Vehicle Code is amended by changing
5Sections 1-122.7, 1-176.1, 3-412, 8-101, 13-101, and 18c-6102
6as follows:
7    (625 ILCS 5/1-122.7)
8    Sec. 1-122.7. For-profit ridesharing arrangement. The
9transportation by motor vehicle of not more than 16 persons,
10including the driver, for which a fee is charged in accordance
11with Section 6 of the Ridesharing Arrangements and Consumer
12Protection Act, or a commercial ridesharing arrangement as
13defined by the Ridesharing Arrangements and Consumer
14Protection 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
18by motor vehicle of not more than 16 persons, including the
19driver, (1) for purposes incidental to another purpose of the
20driver, for which no fee is charged or paid except to reimburse
21the driver or owner of the vehicle for his or her operating
22expenses on a nonprofit basis or (2) when these persons are



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1traveling between their homes and their places of employment,
2or places reasonably convenient thereto, for which (i) no fee
3is charged or paid except to reimburse the driver or owner of
4the vehicle for his or her operating expenses on a nonprofit
5basis or (ii) a fee is charged in accordance with the
6provisions of Section 6 of the Ridesharing Arrangements and
7Consumer 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
11to be furnished by the Secretary of State.
12    (a) The Secretary of State upon registering a vehicle
13subject to annual registration for the first time shall issue
14or shall cause to be issued to the owner one registration plate
15for a motorcycle, trailer, semitrailer, moped or
16truck-tractor, 2 registration plates for other motor vehicles
17and, where applicable, current registration stickers for motor
18vehicles of the first division. The provisions of this Section
19may be made applicable to such vehicles of the second division,
20as the Secretary of State may, from time to time, in his
21discretion designate. On subsequent annual registrations
22during the term of the registration plate as provided in
23Section 3-414.1, the Secretary shall issue or cause to be
24issued registration stickers as evidence of current
25registration. However, the issuance of annual registration



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1stickers to vehicles registered under the provisions of
2Sections 3-402.1 and 3-405.3 of this Code may not be required
3if the Secretary deems the issuance unnecessary.
4    (b) Every registration plate shall have displayed upon it
5the registration number assigned to the vehicle for which it is
6issued, the name of this State, which may be abbreviated, the
7year number for which it was issued, which may be abbreviated,
8the phrase "Land of Lincoln" (except as otherwise provided in
9this Code), and such other letters or numbers as the Secretary
10may prescribe. However, for apportionment plates issued to
11vehicles registered under Section 3-402.1 and fleet plates
12issued 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
15be displayed. Registration plates issued to a vehicle
16registered as a fleet vehicle may display a designation
17determined by the Secretary.
18    The Secretary may in his discretion prescribe that letters
19be used as prefixes only on registration plates issued to
20vehicles of the first division which are registered under this
21Code and only as suffixes on registration plates issued to
22other vehicles. Every registration sticker issued as evidence
23of current registration shall designate the year number for
24which it is issued and such other letters or numbers as the
25Secretary may prescribe and shall be of a contrasting color
26with the registration plates and registration stickers of the



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1previous year.
2    (c) Each registration plate and the required letters and
3numerals thereon, except the year number for which issued,
4shall be of sufficient size to be plainly readable from a
5distance of 100 feet during daylight, and shall be coated with
6reflectorizing material. The dimensions of the plate issued to
7vehicles of the first division shall be 6 by 12 inches.
8    (d) The Secretary of State shall issue for every passenger
9motor vehicle rented without a driver the same type of
10registration plates as the type of plates issued for a private
11passenger vehicle.
12    (e) The Secretary of State shall issue for every passenger
13car used as a taxicab, or livery, or in a commercial
14ridesharing arrangement in which the driver participates in
15commercial ridesharing arrangements for more than 18 hours per
16week, distinctive registration plates.
17    (f) The Secretary of State shall issue for every motorcycle
18distinctive registration plates distinguishing between
19motorcycles having 150 or more cubic centimeters piston
20displacement, or having less than 150 cubic centimeter piston
22    (g) Registration plates issued to vehicles for-hire may
23display a designation as determined by the Secretary that such
24vehicles are for-hire, including, but not limited to, vehicles
25used as taxicabs, liveries, or in commercial ridesharing
26arrangements 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
3private ambulance registration plates identifying the vehicle
4as an ambulance. The Secretary shall forward to the Department
5of Healthcare and Family Services registration information for
6the purpose of verification of claims filed with the Department
7by ambulance owners for payment for services to public
8assistance recipients.
9    (j) The Secretary of State shall issue for every public and
10private medical carrier or rescue vehicle livery registration
11plates displaying numbers within ranges of numbers reserved
12respectively for medical carriers and rescue vehicles. The
13Secretary shall forward to the Department of Healthcare and
14Family Services registration information for the purpose of
15verification of claims filed with the Department by owners of
16medical carriers or rescue vehicles for payment for services to
17public assistance recipients.
18    (k) The Secretary of State shall issue distinctive license
19plates or distinctive license plate stickers for every vehicle
20exempted from subsections (a) and (a-5) of Section 12-503 by
21subsection (g) of that Section, and by subsection (g-5) of that
22Section before its deletion by this amendatory Act of the 95th
23General Assembly. The Secretary shall issue these plates or
24stickers immediately upon receiving the physician's
25certification required under subsection (g) of Section 12-503.
26New plates or stickers shall also be issued when the



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1certification is renewed as provided in that subsection.
2    (l) The Secretary of State shall issue distinctive
3registration plates for low-speed vehicles.
4(Source: P.A. 95-202, eff. 8-16-07; 95-331, eff. 8-21-07;
596-554, eff. 1-1-10; 96-653, eff. 1-1-10; 96-815, eff.
610-30-09; 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
9operate motor vehicles in transportation of passengers for
11    (a) It is unlawful for any person, firm or corporation to
12operate any motor vehicle along or upon any public street or
13highway in any incorporated city, town or village in this State
14for the carriage of passengers for hire, accepting and
15discharging all such persons as may offer themselves for
16transportation unless such person, firm or corporation has
17given, and there is in full force and effect and on file with
18the Secretary of State of Illinois, proof of financial
19responsibility provided in this Act.
20    (b) In addition this Section shall also apply to persons,
21firms or corporations who are in the business of providing
22transportation services for minors to or from educational or
23recreational facilities, except that this Section shall not
24apply to public utilities subject to regulation under "An Act
25concerning public utilities," approved June 29, 1921, as



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1amended, or to school buses which are operated by public or
2parochial schools and are engaged solely in the transportation
3of the pupils who attend such schools.
4    (c) This Section also applies to a contract carrier
5transporting employees in the course of their employment on a
6highway of this State in a vehicle designed to carry 15 or
7fewer passengers. As part of proof of financial responsibility,
8a contract carrier transporting employees in the course of
9their employment is required to verify hit and run and
10uninsured motor vehicle coverage, as provided in Section 143a
11of the Illinois Insurance Code, and underinsured motor vehicle
12coverage, as provided in Section 143a-2 of the Illinois
13Insurance Code, in a total amount of not less than $250,000 per
15    (d) This Section shall not apply to any person
16participating in a ridesharing arrangement, a for-profit
17ridesharing arrangement other than a commercial ridesharing
18arrangement, or operating a commuter van, but only during the
19performance of activities authorized by Sections 5 and 6 of the
20Ridesharing Arrangements and Consumer Protection Act.
21    (e) If the person operating such motor vehicle is not the
22owner, then proof of financial responsibility filed hereunder
23must provide that the owner is primarily liable. In the case of
24motor vehicles used in commercial ridesharing arrangements,
25the dispatchers providing dispatch services to the driver of
26the motor vehicle must submit proof that the driver will be an



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1additional insured on a primary insurance policy that will
2provide coverage during the time period the driver makes
3himself, herself, or the vehicle available for dispatch or
4while a commercial ridesharing arrangement passenger is in the
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
9safety. To promote the safety of the general public, every
10owner of a second division vehicle, medical transport vehicle,
11tow truck, first division vehicle including a taxi which is
12used for a purpose that requires a school bus driver permit,
13motor vehicle used for driver education training, motor vehicle
14required to submit to safety testing under subparagraph (A) of
15paragraph (1) of subsection (b) of Section 7 of the Ridesharing
16Arrangements and Consumer Protection Act, or contract carrier
17transporting employees in the course of their employment on a
18highway of this State in a vehicle designed to carry 15 or
19fewer passengers shall, before operating the vehicle upon the
20highways of Illinois, submit it to a "safety test" and secure a
21certificate of safety furnished by the Department as set forth
22in Section 13-109. Each second division motor vehicle that
23pulls or draws a trailer, semitrailer or pole trailer, with a
24gross weight of more than 8,000 lbs or is registered for a
25gross weight of more than 8,000 lbs, motor bus, religious



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1organization bus, school bus, senior citizen transportation
2vehicle, and limousine shall be subject to inspection by the
3Department and the Department is authorized to establish rules
4and 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
7the Department prior to its salvage vehicle inspection pursuant
8to Section 3-308 of this Code. In implementing and enforcing
9the provisions of this Section, the Department and other
10authorized State agencies shall do so in a manner that is not
11inconsistent with any applicable federal law or regulation so
12that no federal funding or support is jeopardized by the
13enactment or application of these provisions.
14    However, none of the provisions of Chapter 13 requiring
15safety 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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1brakes, lights, horns, reflectors, rear vision mirrors,
2mufflers, safety chains, windshields and windshield wipers,
3warning flags and flares, frame, axle, cab and body, or cab or
4body, wheels, steering apparatus, and other safety devices and
5appliances required by this Code and such other safety tests as
6the Department may by rule or regulation require, for second
7division vehicles, school buses, medical transport vehicles,
8tow trucks, first division vehicles including taxis which are
9used for a purpose that requires a school bus driver permit,
10motor vehicles required to submit to safety testing under
11subparagraph (A) of paragraph (1) of subsection (b) of Section
127 of the Ridesharing Arrangements and Consumer Protection Act,
13motor vehicles used for driver education training, vehicles
14designed to carry 15 or fewer passengers operated by a contract
15carrier transporting employees in the course of their
16employment on a highway of this State, trailers, and
17semitrailers subject to inspection.
18    For tow trucks, the safety test and inspection shall also
19include the inspection of winch mountings, body panels, body
20mounts, wheel lift swivel points, and sling straps, and other
21tests and inspections the Department by rule requires for tow
23    For driver education vehicles used by public high schools,
24the vehicle must also be equipped with dual control brakes, a
25mirror on each side of the vehicle so located as to reflect to
26the driver a view of the highway for a distance of at least 200



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1feet to the rear, and a sign visible from the front and the
2rear identifying the vehicle as a driver education car.
3    For trucks, truck tractors, trailers, semi-trailers,
4buses, and first division vehicles including taxis which are
5used for a purpose that requires a school bus driver permit,
6the safety test shall be conducted in accordance with the
7Minimum Periodic Inspection Standards promulgated by the
8Federal Highway Administration of the U.S. Department of
9Transportation and contained in Appendix G to Subchapter B of
10Chapter III of Title 49 of the Code of Federal Regulations.
11Those standards, as now in effect, are made a part of this
12Code, in the same manner as though they were set out in full in
13this Code.
14    The passing of the safety test shall not be a bar at any
15time to prosecution for operating a second division vehicle,
16medical transport vehicle, motor vehicle used for driver
17education training, or vehicle designed to carry 15 or fewer
18passengers operated by a contract carrier as provided in this
19Section that is unsafe, as determined by the standards
20prescribed in this Code.
21(Source: P.A. 97-224, eff. 7-28-11; 97-412, eff. 1-1-12;
2297-813, 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.
25The provisions of this Sub-chapter shall not, except as



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1provided in Section 18c-6501 of this Chapter, apply to:
2    (1) carriers owned by any political subdivision, school
3district, institution of higher education, or municipality,
4and operated either by such political subdivision, institution
5of 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
8or schedules and charging on a time or distance basis,
9including taxicabs, charter operations, and contract bus
11    (4) carriers transporting passengers with fixed routes and
12schedules and charging on a per passenger fixed charge basis
13and which do not include an airport as a point to be served on
14the route, in whole or in part;
15    (5) transportation in vehicles with a manufacturer's rated
16seating capacity of less than 8 persons, including the driver;
17    (6) transportation subject to the Ridesharing Arrangements
18and Consumer Protection Act;
19    (7) commuter buses offering short-haul for-hire regularly
20scheduled passenger transportation service within metropolitan
21and suburban areas, over regular routes with fixed schedules,
22and utilized primarily by passengers using reduced-fare,
23multiple-ride, or commutation tickets during morning and
24evening peak periods in travelling to and from their places of
25employment; and
26    (8) those persons owning and operating school buses, as



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1defined in this Code, and regulated by other provisions of this
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
5changing Sections 1, 2, and 5 and by adding Section 7 as
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
9Ridesharing 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
13transportation by motor vehicle of not more than 16 persons
14(including the driver):
15    (1) for purposes incidental to another purpose of the
16driver, for which no fee is charged or paid except to reimburse
17the driver or owner of the vehicle for his operating expenses
18on a nonprofit basis; or
19    (2) when such persons are travelling between their homes
20and their places of employment, or places reasonably convenient
21thereto, for which (i) no fee is charged or paid except to
22reimburse the driver or owner of the vehicle for his operating
23expenses on a nonprofit basis, or (ii) a fee is charged in



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1accordance 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
8ridesharing arrangement in which the method of transportation
9is a vehicle owned or leased for personal use, of not more than
106 persons (including the driver), prearranged through a
11dispatcher, and for which a fee is charged, but that is not
12provided in accordance with the limitations of Section 6 of
13this Act. "Commercial ridesharing arrangement" includes a
14for-hire public passenger vehicle licensed by a unit of local
15government as a taxicab, but only for the purpose of
16establishing a fare under subparagraph (D) of paragraph (1) of
17subsection (b) of Section 7, when the driver of the taxicab
18receives a dispatch using Internet, smartphone, or an
19electronic application from a dispatcher.
20    (d) "Dispatch" means the act of facilitating a connection
21between drivers and passengers for a commercial ridesharing
22arrangement using telephone, Internet, smartphone, or an
23electronic application, with or without an account set up
24between 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
3is 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
6motor vehicle because of its use in a ridesharing arrangement;
7    (3) prohibit or regulate the charging of fees for
8ridesharing arrangements in accordance with Section 6 of this
10    This Act, as it applies to ridesharing arrangements, is
11declared to be a denial and limitation of the powers of home
12rule units pursuant to paragraph (g) of Section 6 of Article
13VII 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
17government, whether or not it is a home rule unit, may not
18license or regulate commercial ridesharing arrangements,
19dispatchers, or drivers participating in commercial
20ridesharing arrangements in a manner that is less restrictive
21than the regulation by the State under this Act. This
22subsection (b) is a limitation under subsection (i) of Section
236 of Article VII of the Illinois Constitution on the concurrent
24exercise by home rule units of powers and functions exercised
25by the State.



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1    (c) A unit of local government, whether or not it is a home
2rule unit, may not license or regulate commercial ridesharing
3arrangements, dispatchers, or drivers participating in
4commercial ridesharing arrangements in a manner that is
5inconsistent with paragraph (1) of subsection (a) of Section 7
6of this Act or that is inconsistent with subparagraph (D) of
7paragraph (1) of subsection (b) of Section 7 of this Act. This
8subsection (c) is a limitation under subsection (i) of Section
96 of Article VII of the Illinois Constitution on the concurrent
10exercise by home rule units of powers and functions exercised
11by the State.
12(Source: P.A. 83-1091.)
13    (625 ILCS 30/7 new)
14    Sec. 7. (a) Commercial ridesharing arrangements are
15subject to the following license and registration
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
8conducted 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
6a commercial ridesharing arrangement in violation of this
7Section is guilty of a violation of this Section and shall be
8subject to the penalties adopted by the Department of Financial
9and Professional Regulation by administrative rule, including,
10but not limited to, fines, probation, revocation of licenses,
11and vehicle impoundment.
12    (d) Any person whose property or person is injured or in
13danger of injury due to an actual or imminent violation of this
14Section may file suit in the circuit court having jurisdiction
15to recover any remedy permitted by law, including damages and
16injunctive relief.
17    (e) A dispatcher shall assume liability, including the
18costs of defense and indemnification, for a claim in which a
19dispute exists as to whether the loss or injury giving rise to
20the claim occurred while a vehicle involved in the incident
21giving rise to the claim was made available for dispatch or
22while a commercial ridesharing arrangement passenger is in the
23vehicle. The dispatcher must notify the registered owner of the
24vehicle and the registered owner's insurer of the dispute
25within 25 business days of receiving notice of the accident
26that gives rise to the claim. If a private passenger motor



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1vehicle's registered owner or its insurer is named as a
2defendant in a civil action for any loss or injury that occurs
3during the time the vehicle is made available for dispatch, the
4dispatcher shall have the duty to defend and indemnify the
5vehicle's registered owner and its insurers.
6    (f) Notwithstanding any provision in the vehicle owner's
7insurance policy or any other provision of this Act, the
8insurer providing coverage to the owner of a private passenger
9motor vehicle may exclude any and all coverage and the duty to
10defend afforded under the owner's insurance policy for any loss
11or injury that occurs while the vehicle is made available for
12dispatch or while a commercial ridesharing arrangement
13passenger is in the vehicle. This right to exclude coverage and
14the duty to indemnify and defend applies to all coverage
15provided by the registered owner's insurer including, but not
16limited 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
25in a commercial ridesharing arrangement, and upon renewal,
26cancellation, or change in insurance by the dispatcher, provide



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1the vehicle's registered owner and any driver of the vehicle
2with 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
23arrangement a dispatcher must collect, maintain, and make
24available to the vehicle's registered owner, the vehicle's
25registered owner's primary automobile liability insurer, and
26any government agency as required by law, at the cost of the



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1dispatcher, 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
14Regulation shall adopt rules to implement this Section.
15    Section 99. Effective date. This Act takes effect upon
16becoming law.