§ 373.15. Operating regulations.

(a)

In addition to all other applicable requirements provided by law, it shall be unlawful for any person:

(1)

Who is under the age of eighteen (18) years to operate a transportation network vehicle;

(2)

To operate a transportation network vehicle while under the influence of alcoholic beverages or controlled substances, other than medication prescribed by a physician, provided that such prescribed medication does not warn that the user not operate machinery while taking the medication;

(3)

To operate, or cause to be operated, a transportation network vehicle in any area where the operation of such vehicle is prohibited by an applicable law;

(4)

To operate a transportation network vehicle within the city while not in possession of a valid driver's license issued by the State of Minnesota or Wisconsin;

(5)

To operate, or cause to be operated, a transportation network vehicle that does not meet the requirements of sections 373.08 and 373.09 of this chapter; or

(6)

To transport or cause to be transported more than six (6) passengers on any given ride in a vehicle, or to exceed the designed capacity of the vehicle.

(b)

No transportation network company driver shall pick up or discharge a passenger on:

(1)

Designated taxicab stands.

(2)

No stopping or standing zones.

(3)

Other restricted areas as outlined in this code or state law.

(c)

No person may possess an open beverage alcohol container while such person is operating or being transported by a transportation network company vehicle, nor may any person transport, carry, possess or have any beverage alcohol while being transported by a transportation network company vehicle, except in the original package with the seal unbroken.

(d)

No licensee or transportation network company driver shall solicit potential passengers. Transportation network company vehicles may only be used to provide transportation services requested via an internet-based transportation application system. For purposes of this subsection, the term "solicit" means an appeal by words or gestures for immediate patronage of a transportation network vehicle by a licensee or a transportation network driver upon the public way attempting to direct people to a transportation network vehicle that is parked, stopped, standing or moving upon the public way.

(e)

No transportation network company driver shall accept or respond to passengers' or potential passengers' requests for service via traditional street hail, including hand gestures and verbal statements.

(f)

No transportation network company vehicle shall be unlawfully parked on any public way for a time longer than is reasonably necessary to accept passengers in answer to a prearranged transportation service and no passenger shall be accepted except as provided in subsection (d) of this section.

(g)

The internet-enabled application or digital platform used by a licensee to connect drivers and passengers shall display for a passenger:

(1)

The identification card of the transportation network driver;

(2)

A picture or description of the transportation network vehicle the driver is approved to use, including the make, model, color, and license plate number of the vehicle; and

(3)

The city's service center number the passenger may use to report complaints.

(4)

In addition, any licensee shall make any information displayed in the licensee's internet-enabled application or digital platform also available on such licensee's website.

(h)

Licensees shall clearly disclose, on the licensee's on-line enabled application or digital platform and website, that the licensee is a transportation network provider. Additionally, the disclosure shall state that each licensee is required to maintain insurance policies as specified in section 373.07 of this chapter.

(i)

Licensees shall provide proof of insurance documents required in section 373.07 to each transportation network driver before the driver begins providing service and for as long as the driver remains available to provide service.

(j)

Licensees shall provide passengers an opportunity to indicate whether they require a wheelchair-accessible transportation network vehicle. If a licensee cannot provide a wheelchair-accessible transportation network vehicle, it shall direct the request to a licensed provider of such service. A license fee surcharge may be charged to all TNCs that do not provide wheelchair accessible transportation services. This license fee surcharge will be indicated on the license fee schedule.

(k)

Licensees shall have an affirmative duty to respond to requests for service and shall be responsible for the actions of any of its employees, transportation network drivers, or other person that reports to, or acts as an agent of, the licensee, for any failure to respond to a request for service from an orderly passenger.

(l)

Any transportation network driver shall at all times carry in the TNC vehicle proof of the insurance policies required in section 373.07.

(m)

Any terms or conditions in the agreement between the licensee and any customer that would act as a waiver of the licensee's liability to the customer, or to the public, are declared to be contrary to public policy, null, void and unenforceable.

(n)

TNC drivers shall not:

(1)

Provide false information to or refuse to obey or to comply with any lawful order or direction of the licensing official or any police officer, or traffic-control officer, nor shall any licensee use profane language or otherwise interfere with such officials while in the performance of their duties;

(2)

Take a circuitous route to a destination, or any route other than the most direct route, without the express consent of the passenger;

(3)

Drop a passenger at a location other than the location requested unless prohibited by law; or

(4)

Refuse to convey an orderly passenger after accepting dispatch to convey that passenger.

(o)

No TNC licensee shall disable, eliminate or otherwise prevent access to the TNC mobile application by the licensing official or designees of the licensing official for purposes of enforcing this chapter.

(p)

No TNC licensee shall notify TNC drivers that a potential customer is or may be a licensing official or designee, or in any way otherwise interfere with or obstruct enforcement of this Code by the licensing official.

(Ord 14-39, § 1, 12-3-14)