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Proposed Rules & Regulations for Public Chauffeurs (3)

Proposed Rules & Regulations Changes for Public Chauffeurs
The following lists the old rule(s) followed by the proposed rule(s). Due to the length of these rules, we will continue with these rules in later postings.

Old Rule No. 15 – 17.1
By-passing cab line.
a. Taxicabs entering a cab stand or cab line shall take the rear position.
b. Taxicabs discharging passengers at hotels, depots, or wherever cab stands are designated, shall not accept passengers for service unless there are no standing taxicabs in the established cab stand.
c. No cruising taxicab shall pick up or accept a load alongside of, in front of, adjacent to, or on the same side of the street in the same side of a city block where there is an established cab stand and the stand is occupied by standing cabs.
d. Nothing in these rules shall be construed to prohibit a passenger from indicating his preference for a particular taxicab standing or waiting in an established stand provided that the chauffeur of the vehicle exercises extreme caution in entering traffic lanes.

Rule No. 16 [Repealed]

Rule No. 17 Refusal of service.
a. No taxicab chauffeur shall refuse any person transportation to any destination in any taxicab which is unoccupied by a passenger for hire unless the chauffeur is on his way to pick up a passenger in answer to a call for service or any of the conditions enumerated under (c) below is present.
b. Taxicab chauffeurs shall not ask a passenger his destination prior to the passenger's being seated in the vehicle of which the chauffeur has charge.
c. A "NOT FOR HIRE" sign shall be displayed when:
1. the chauffeur is responding to radio or telephone orders;
2. the vehicle is in disrepair or out of service or the meter is out of service;
3. the chauffeur is returning to the garage;
4. the chauffeur is en-route for meals or personal necessity.
d. A "NOT FOR HIRE" sign SHALL NOT be displayed when:
1. a taxicab is proceeding to or entering any cab stand except when responding to a prearranged order.
2. A taxicab is parked or standing in any cab stand.
e. Any driver who, after a notice and a hearing, is found to have refused a fare on grounds of NOT KNOWING where a passenger's destination is, in addition to any other sanction being imposed for a violation of refusal of service under § 9-112-450 MCC and this rule, shall be required, after the first such offense, to complete again the public chauffeur training course as provided in Rule 2.1 of these Rules and Regulations, and, after the second or subsequent such offense, shall be required to retake and pass the written examination as provided in Rule 2 of these Rules and Regulations.
In the event that a chauffeur, pursuant to this rule, is required to complete the public chauffeur training course, failure to do so within thirty days after being notified will result in his chauffeur’s license being suspended until he submits proof that he has successfully completed the course. In the event that a chauffeur, pursuant to this rule, is required to pass the written examination, failure to do so within thirty days after being notified will result in his chauffeur’s license being suspended until he successfully passes the examination.
f. Any driver who is found to have refused transportation to any person in violation of this rule shall, in addition to any other sanction imposed for a violation of §9-112-450 MCC and this rule, shall be required to provide new certification by an Illinois licensed physician that the chauffeur has the ability to operate a public vehicle safely, and shall also provide proof that the chauffeur has taken and passed a test, conducted by authorities approved by the commissioner, for the presence of illegal drugs in the body. The license of the chauffeur ordered to undergo such tests shall be suspended until such time as the chauffeur has provided the Department appropriate documentation that the chauffeur has passed such tests.
g. Any driver who is found to have refused transportation to any person in violation of this rule shall, in addition to any other sanction imposed for a violation of §9-112-450 MCC and this rule, shall be required, within 30 days of the finding by the hearing officer that such violation occurred, to successfully complete a retraining course designated by the Commissioner. In the event that the chauffeur fails to provide certification that he has completed the designated retraining course within 30 days, his chauffeur license shall be suspended until such time as he provides such certification.
(viii) (ix)

Rule No. 17.1 Availability for radio dispatch
No public chauffeur shall operate a taxicab unless the “two-way radio dispatch system” installed in the taxicab is activated and in working condition. Public chauffeurs are reminded that affiliations and public passenger vehicle owners are authorized to assign radio calls to drivers.
Public chauffeurs are required to respond to such assigned radio calls.

New Rule No. 5.01 – 5.03
By-passing Cab Line.
a. Taxicabs entering a Cab Stand or Cab Line shall take the rear position.
b. Taxicabs discharging passengers at hotels, depots, or wherever Cab Stands are designated, shall not accept passengers for service unless there are no standing taxicabs in the established Cab Stand.
c. No cruising taxicab shall pick up or accept a load alongside of, in front of, adjacent to, or on the same side of the street on the same city block where there is an established Cab Stand and the Cab Stand is occupied by standing cabs.
d. Diving is prohibited at all times.
e. Nothing in these rules shall be construed to prohibit a passenger from indicating his preference for a particular taxicab standing or waiting in an established Cab Stand provided that the Chauffeur of the vehicle exercises extreme caution when exiting the Cab Stand or Cab Line and entering traffic lanes.

Rule 5.02 Refusal of Service.
a. No taxicab Chauffeur shall refuse any person transportation to any destination in any taxicab which is unoccupied by a passenger for hire unless the Chauffeur is on his way to pick up a passenger in answer to a call for service or any of the conditions enumerated under (c) below is present.
b. No Chauffeur shall refuse a passenger based on the passenger’s destination nor ask a passenger his destination prior to the passenger being seated in the cab.
c. When “NOT FOR HIRE” sign is displayed, top light must be off. A “NOT FOR HIRE” sign shall be displayed when:
1. The Chauffeur is responding to radio or telephone orders.
2. The public Passenger Vehicle is in disrepair or out of service or the meter is out of service.
3. The Chauffeur is returning to the garage.
4. The Chauffeur is en-route for meals or personal necessity.
d. A “NOT FOR HIRE” sign shall not be displayed when:
1. A taxicab is proceeding to or entering any Cab Stand except when responding to a prearranged order.
2. A taxicab is parked or standing in any Cab Stand.
e. A “NOT FOR HIRE” sign shall be white and the text “NOT FOR HIRE” shall be black, printed in plain gothic figures, at least ½ inch-wide in stroke and 2 inches in height.
f. Any Chauffeur who, after a notice and a hearing, is found to have refused a fare on grounds of not knowing where a passenger’s destination is, in addition to any other sanction being imposed for a violation of refusal of service under 9-112-450 MCC and this rule, shall be required, after the first such offense, to complete again the Public Chauffeur Training Course as provided in Rule 1.03 of these Rules and Regulations, and, after the second or subsequent such offense, shall be required to retake and pass the written examination as provided in Rule 1.05 of these Rules and Regulations. In the event that a Chauffeur, pursuant to this rule, is required to complete the Public Chauffeur Training Course, failure to do so within thirty days after being notified will result in his Public Chauffeur License being suspended until he submits proof that he has successfully completed the course. In the event that a Chauffeur, pursuant to this rule, is required to pass the written examination, failure to do so within thirty days after being notified will result in his Public Chauffeur License being suspended until he successfully passes the examination.
g. Any Chauffeur who is found to have refused transportation to any person in violation of this rule shall, in addition to any other sanction imposed for a violation of 9-112-450 MCC and this rule, shall be required to provide new certification by an Illinois licensed physician that the Chauffeur has the ability to operate a Public Passenger Vehicle safely, and shall also provide proof that the Chauffeur has taken and passed a test, conducted by authorities approved by the Commissioner, for the presence of illegal drugs in the body. The license of the Chauffeur ordered to undergo such tests shall be suspended until such time as the Chauffeur has provided the Department appropriate documentation that the Chauffeur has passed such tests.
h. Any Chauffeur who is found to have refused transportation to any person in violation of this rule shall, in addition to any other sanction imposed for a violation of 9-112-450 MCC and this rule, shall be required, within 30 days of the finding by the hearing officer that such violation occurred, to successfully complete a Public Chauffeur Continuing Education Course. In the event that the Chauffeur fails to provide certification that h has completed the Public Chauffeur Continuing Education course within 30 days, his Public Chauffeur License shall be suspended until such time as he provides such certification.

Rule 5.03 Availability for Radio Dispatch.
No Chauffeur shall operate a taxicab unless the Two-Way Radio Dispatch System installed in the taxicab is activated and in working condition. Affiliations are authorized to assign radio calls to drivers. Chauffeurs are required to respond to such assigned radio calls.


Old Rule No. 17.2
Designation of underserved areas
“Underserved areas” are hereby designated as:
(1) All areas within the corporate limits of the city of Chicago which are located either: north of Devon Avenue; west of Ashland Avenue between Devon Avenue and Grand Avenue; west of Halsted Street between Grand Avenue and Roosevelt Road; or south of Roosevelt Road.
(2) Notwithstanding the boundaries of paragraph (1) above, O’Hare Airport, Midway Airport, and McCormick Place are not designated as underserved areas.
(3) Notwithstanding the boundaries of paragraph (1) above, the Grand Ballroom of Navy Pier is designated an underserved area.
(4) Notwithstanding the boundaries of paragraph (1) above, each pickup of a passenger participating in the Chicago Transit Authority Taxi Access Program (CTA-TAP) pursuant to a telephonic or prearranged request for service shall be deemed to have occurred in an underserved area.

New Rule No. Definitions
“Underserved Areas” means all areas within the corporate limits of the city of Chicago which are located either north of Devon Avenue; west of Ashland Avenue between Devon Avenue and Grand Avenue; west of Halsted Street between Grand Avenue and Roosevelt Road; or south of Roosevelt Road. However, O’Hare Airport and Midway Airport are not designated as Underserved Areas; and the Grand Ballroom of Navy Pier and Lakeside Center’s Gate 30 of McCormick Place are designated as Underserved Areas. Also, on Sundays, all of McCormick Place, including the hotel, is designated an Underserved Area. Each pickup of passenger participating in the Chicago Taxi Access Program (TAP) pursuant to a telephonic or prearranged request for service shall be deemed to have occurred in an Underserved Area.


Old Rule No. 17.3 – 17.4
Affirmative duty to answer radio dispatch calls
a. Every public chauffeur has an affirmative duty to respond in a timely manner to radio dispatch requests for service and to convey the passengers requesting transportation originating from an underserved area to their destination a minimum of a least once during the duration of a lease of twenty-four hours or less, or at least seven times during the duration of any weekly lease. The driver is responsible for ensuring that radio dispatch equipment is activated and operating at sufficient volume at all times when the vehicle is in service. Note especially that a telephonic or radio confirmation by the driver following a pickup pursuant to a street hail in an underserved area does NOT count towards satisfying this requirement, is NOT authorized by these regulations, and will subject the driver to penalties.
b. Effective June 1, 2001, in addition to any fines or other penalties assessed by an administrative hearing officer, no public chauffeur license shall be renewed unless the public chauffeur submits proof, in the form of the letter(s) required by Rule No. 11.7, from the taxicab affiliation(s) demonstrating that the applicant for renewal has complied with the requirements of this section subsequent to the adoption of this rule, or the last time the chauffeur renewed his or her license, whichever is later.
c. Every public chauffeur has an affirmative duty to respond in a timely manner to radio dispatch requests for service and to convey the passengers requesting transportation when so assigned by the affiliation with which the vehicle they are operating is affiliated.
d. A public chauffeur who fails to satisfy the requirements of paragraph (a) of this rule shall be issued a 90-day temporary license and shall be required, during the 90-day period, to respond to a sufficient number of radio dispatch requests to make up the deficit in underserved area responses. A public chauffeur shall change affiliations if necessary during the 90-day period in order to make up the deficit.
e. Any violation of paragraph (a) of this rule that is not cured pursuant to paragraph (d) of this rule shall constitute a major offense.
f. Any violation of paragraph (c) of this rule shall constitute an aggravated major offense.

Rule No. 17.4 Operation of neighborhood taxicab
a. This rule shall apply to those public chauffeurs operating taxicabs issued pursuant to MCC Section 9-112-380(b)(3) for the purposes of providing service to underserved areas, hereinafter “neighborhood cabs”.
b. Public chauffeurs operating neighborhood cabs shall give priority to responding to all dispatch requests for service broadcast over the two-way radio dispatch system of the affiliation. It shall be prima facie evidence that a violation of this rule has occurred if the affiliation to which the neighborhood cab driven by the chauffeur belongs has failed to provide a taxicab to the customer requesting dispatch service within thirty minutes of the request being made and either: (1) the chauffeur’s taxicab is in operation, unoccupied at the time the dispatch request was made and the location where the last passenger transported by the taxicab was discharged is within 10 miles of the location of the customer requesting service, or (2) the chauffeur’s taxicab is in operation, unoccupied at any time within 15 minutes following the time the dispatch request was made, and the location where the last passenger transported by the taxicab was discharged is within 5 miles of the location of the customer requesting service.
c. It shall be an affirmative defense to an alleged violation of this paragraph (b) of this rule above if (1) another driver in the affiliation had accepted or was assigned to answer the dispatch request and failed to do so; (2) the licensee’s taxicab was involved in an accident or had a mechanical breakdown which prevented the driver from responding to the call; (3) severe inclement weather had a measurable adverse impact on traffic conditions; or (4) the licensee’s taxicab arrived at the location of the customer requesting service more than thirty but less than forty-five minutes following the time the dispatch request was made.
d. Each public chauffeur, while operating a neighborhood taxicab, shall, upon request of personnel from the Department of Consumer Services, submit his vehicle trip log immediately for inspection.
e. All public chauffeurs operating neighborhood cabs whose medallion numbers end in an odd number are required to operate exclusively in designated underserved areas a minimum of eight continuous hours a day between 6:00 a.m. and 10:00 p.m., Monday through Saturday, on odd-numbered days of the month. All public chauffeurs operating neighborhood cabs whose medallion numbers end in an even number are required to operate exclusively in designated underserved areas a minimum of eight continuous hours a day between 6:00 a.m. and 10:00 p.m., Monday through Saturday, on even-numbered days of the month. “Operating exclusively in designated underserved areas” means such chauffeurs may discharge passengers at any location, but must only accept passengers in designated underserved areas. The “continuous” operation required by this rule shall be interpreted to allow a driver to take breaks for his comfort and convenience. It shall be a rebuttable presumption that a violation of this rule has occurred when any chauffeur required to operate exclusively in an underserved area on a particular day(s) pursuant to this paragraph either accepts or solicits passengers in a non-underserved area, or is located in a cab stand or airport staging area between 6:00 a.m. and 10:00 p.m. on that day. This presumption may only be rebutted by documentary evidence, consisting of the vehicle trip log, indicating that the vehicle operated in full compliance with this paragraph on the day in question.

New Rule No. 6.01 – 6.02
Affirmative Duty to Answer Radio Dispatch Calls.
a. Per 9-112-215 MCC, every Chauffeur has an affirmative duty to respond in a timely manner to radio dispatch requests for service and to convey the passengers requesting transportation originating from an Underserved Area to their destination a minimum of at least once during the duration of a lease of twenty-four hours or less, or at least seven times during the duration of any weekly lease. This affirmative duty is also applicable when so assigned by the affiliation with which the vehicle they are operating is affiliated. Note especially that a telephonic or radio confirmation by the Chauffeur following a pickup pursuant to a street hail in an Underserved Area does NOT count towards satisfying this requirement, is NOT authorized by these regulations, and will subject the Chauffeur to penalties.
b. In addition to any fines or other penalties assessed by an administrative hearing officer, no Public Chauffeur License shall be renewed unless the Chauffeur submits proof, in the form of the letter(s) required by Rule 3.10, from the taxicab affiliation(s) demonstrating that the applicant for renewal has complied with the requirements of this section subsequent to the adoption of this rule, or the last time the Chauffeur renewed his license, whichever is later.
c. In addition to any fines or other penalties assessed by an administrative hearing officer, a Chauffeur who fails to satisfy the requirements of paragraph (a) of this rule may be issued a 90-day temporary license and shall be required, during the 90-day period, to respond to a sufficient number of radio dispatch requests to make up the deficit in Underserved Area responses. A Chauffeur shall change affiliations if necessary during the 90-day period in order to make up the deficit.
d. Any violation of this rule shall constitute an Aggravated Offense.

Rule 6.02 Operation of Neighborhood Cabs.
a. Chauffeurs operating Neighborhood Cabs shall give priority to responding to all dispatch requests for service broadcast over the Two-Way Radio Dispatch System of the affiliation. It shall be prima facie evidence that a violation of this rule has occurred if the affiliation to which the Neighborhood Cab driven by the Chauffeur belongs has failed to provide a taxicab to the customer requesting dispatch service within thirty minutes of the request being made and either:
1. The Chauffeur’s taxicab is in operation, unoccupied at the time the dispatch request was made and the location where the last passenger transported by the taxicab was discharged is within 10 miles of the location of the customer requesting service, or
2. The Chauffeur’s taxicab is in operation, unoccupied at any time within 15 minutes following the time the dispatch request was made, and the location where the last passenger transported by the taxicab was discharged is within 5 miles of the location of the customer requesting service.
b. It shall be an affirmative defense to an alleged violation of this paragraph (a) of this rule above if:
1. Another Chauffeur in the affiliation had accepted or was assigned to answer the dispatch request and failed to do so;
2. The licensee’s taxicab was involved in a crash or had a mechanical breakdown which prevented the Chauffeur from responding to the call;
3. Severe inclement weather had a measurable adverse impact on traffic conditions; or
4. The licensee’s taxicab arrived at the location of the customer requesting service more than thirty but less than forty-five minutes following the time the dispatch request was made.
c. Each Chauffeur, while operating a Neighborhood Cab, shall, upon request of personnel from the Department, submit his vehicle trip log immediately for inspection.
d. All Chauffeurs operating Neighborhood Cabs whose medallion numbers end in an odd number are required to operate exclusively in designated Underserved Areas a minimum of eight continuous hours a day between 6:00 a.m. and 10:00 p.m., Monday through Saturday, on odd-numbered days of the month. All Chauffeurs operating Neighborhood Cabs whose medallion numbers end in an even number are required to operate exclusively in designated Underserved Areas a minimum of eight continuous hours a day between 6:00 a.m. and 10:00 p.m., Monday through Saturday, on even-numbered days of the month. “Operating exclusively in designated Underserved Areas” means such Chauffeurs may discharge passengers at any location, but must only accept passengers in designated Underserved Areas. The “continuous” operation required by this rule shall be interpreted to allow a Chauffeur to take breaks for his comfort and convenience. It shall be a rebuttable presumption that a violation of this rule has occurred when any Chauffeur required to operate exclusively in an Underserved Area on a particular day(s) pursuant to this paragraph either accepts or solicits passengers in a non-Underserved Area, or is located in a Cab Stand or airport staging area between 6:00 a.m. and 10:00 p.m. on that day. This presumption may only be rebutted b documentary evidence, consisting of the vehicle trip log, indicating that the vehicle operated in full compliance with this paragraph on the day in question.