Title
AN ORDINANCE TO REGULATE TRANSPORTATION NETWORK COMPANIES (TNC'S) IN THE CITY OF FOLEY AND TO AMEND ORDINANCE NO. 1018-07
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DESCRIPTION OF TOPIC: (who, what, when, where, why, and how much)
AN ORDINANCE TO REGULATE TRANSPORTATION NETWORK COMPANIES (TNC'S) IN THE CITY OF FOLEY AND TO AMEND ORDINANCE NO. 1018-07
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FOLEY, ALABAMA AS FOLLOWS:
SECTION 1: GENERAL PROVISIONS.
The following general provisions shall apply to any Transportation Network Company (TNC) operating in the City of Foley:
(a) TNC means a corporation, partnership, sole proprietorship or other entity that uses a digital network to connect TNC riders to TNC drivers who provide TNC Services. A TNC shall not be deemed to control, direct or manage the personal vehicles of TNC drivers that connect to its digital network, except where agreed to by written contract.
(b) TNC Services means the provision of transportation by a driver to a rider, beginning when a driver accepts a ride requested by the rider through a digital network controlled by a TNC, continuing while the driver transports a requesting rider, and ending when the last requesting rider departs from the TNC vehicle.
(c) TNC vehicle means a vehicle that is used by a TNC driver and is: (i) owned, leased or otherwise authorized for use by the TNC driver; and (ii) not a utility, common carrier, for- hire vehicle, motor vehicle carrier, contract carrier, Transportation Company, express company, taxicab or limousine.
(d) The City shall permit each TNC applicant that meets the requirements for a TNC set forth in this Section and pays the annual fee to operate in the City.
(e) Individual TNC drivers shall not be required to pay such fee or license fee, nor shall they be required to obtain a commercial permit or license from the City.
SECTION 2: FEE
Each Transportation Network Company (TNC) that operates in the City shall pay a flat fee of $500.00 per year.
SECTION 3: BACKGROUND CHECKS
Each TNC shall conduct, or have a third party conduct, background checks on any and all TNC drivers. The background check shall, at a minimum, include a Multi-State/Multi-Jurisdiction Criminal Records Locator or similar commercial nationwide database search with validation (primary source search); National Sex Offender Public Website search; and a driving history search. Background checks shall be
conducted prior to the driver's provision of TNC Service in the City.
SECTION 4: DRIVER QUALIFICATIONS
No TNC shall allow an individual to act as a TNC driver on its digital platform, who:
(a) Has been convicted, within the past seven years, of: (i) any felony; (ii) a misdemeanor for driving under the influence, hit and run, reckless driving, or fleeing or attempting to evade police; or (iii) a misdemeanor violent offense or sexual battery
(b) Is a match in the National Sex Offender Public Website
(c) Has accumulated more than three (3) moving violations or a major driving violation, including, but not limited to, attempting to evade the police, reckless driving or driving on a suspended or revoked license, during the three year period prior to the driving history check
(d) Who does not possess a valid driver’s license, proof of vehicle registration and automobile liability insurance or who is under nineteen (19) years of age
SECTION 5: INSURANCE FOR TNC VEHICLES
(a) Automobile liability insurance in an amount that meets or exceeds the statutory mandates set forth in Alabama Act 2016-409, or any other subsequent legislation addressing TNC insurance requirements
(b) Such insurance may be maintained by the TNC Driver, the TNC, or any combination thereof. (c) Certificates of insurance shall be kept by the TNC showing that the above insurance requirements have been met for each person performing TNC Services.
SECTION 6: RATE DISCLOSURE
Each TNC shall adopt procedures, practices or policies requiring the disclosure of passenger rates,
estimated fares, suggested fares or the means of computing the fares to passengers prior to each trip. Such disclosure may be by electronic or other means.
SECTION 7: GOVERNMENT OWNED TRANSPORTATION COMPANIES
Transportation companies owned or operated by a municipality, a county government, the State of
Alabama or the federal government shall be exempt from the provisions of this ordinance.
SECTION 8: AMENDS CITY OF FOLEY ORDINANCE NO. 1018-07
Section 27 shall be amended to add "Schedule L (1) Transportation Network Companies: Annual Flat Rate of $500.00"
SECTION 9: VIOLATIONS
Any person or business which violates any provision of this ordinance shall be subject to business license revocation.