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Savannah Code: Transportation Network Companies

ARTICLE CC. –TRANSPORTATION NETWORK COMPANIES

Sec. 6-2430. – Title.

This article shall be known and may be recited as “The Transportation Network Ordinance.”

(Code 2015, § 6-2430; Ord. of ?-??-2015, § 6-2430)

Sec 6-2431. – Definitions.

(a) City. The word "city" shall mean the Mayor and Aldermen of the City of Savannah, Georgia, a municipal corporation, said definition to include all areas within the corporate limits of the City of Savannah.

(b) Personal Vehicle. A motor vehicle or pedicab that is leased, or owned by a transportation network company driver or rider engaged in the business of carrying passengers for a transportation network company, except for motor vehicles used as taxicabs, police vehicles, ambulances, sightseeing cars or buses, and except for limousines and buses operating on a fixed route.

(c) Transportation Network Company Regulatory Permit. The privilege granted by the city for the operation of transportation network company services provided through personal vehicles used for private transportation within the corporate limits of the city issued upon the receipt of regulatory fee established in the revenue ordinance.

(d) Transportation Network Company. The holder of a regulatory permit to operate within the corporate limits of Savannah, Georgia, that solely uses cellular-internet and digital networks as a third party provider to connect riders to transportation network company drivers who are registered with said company and permitted by the City for the purpose of providing private transportation that is not a taxi service, transportation through broker services, or fixed transportation routes with regular intervals and who does not charge a standard fare, or suggest donations to a driver.

(e) Transportation Network Company Driver or Driver. Any person who is permitted to drive a personal vehicle for the sole purpose of providing private transportation requested by riders through a cellular or digital network maintained by a transportation network company.

(f) Transportation Network Company Driver Permit. The written authority granted by the city for an individual to drive or operate a personal vehicle for transportation network company services within the City of Savannah.

(g) Street. The word “street” shall mean and include any street, road, highway, alley, lane, avenue, court, strand, or public place in the City of Savannah.

(h) Digital Network. The cellular and digital network or medium used by transportation network companies to provide service to riders seeking private transportation in a personal vehicle operated by transportation network company driver.

(i) Transportation Network Company Rider or Rider. Any individual person who accesses a transportation network company's digital network to obtain transportation services in their own personal vehicle, or a driver's personal vehicle from an agreed upon departure to an agreed upon designation.

(j) Prearranged Ride. A period of time that begins when a transportation network company driver accepts a requested ride through a digital network, continues while the driver transports the rider in personal vehicle, and ends when a rider departs from the personal vehicle.

Sec 6-2432. – Transportation Network Company Regulatory permit required.

No person, firm or corporation shall operate a personal vehicle or corporate vehicle for the purposes of transportation network company services on the streets of the city unless a transportation network company regulatory permit has been issued by the city for such person, firm or company. All personal vehicles shall display a current regulatory permit issued by the city to signify compliance with this permit requirement in each vehicle. A transportation network regulatory permit shall be issued by the transportation services supervisor only after the personal or corporate vehicle has been inspected and found to comply with all requirements of this article, including the payment of the transportation network company regulatory permit fee. The transportation network company regulatory permit fee shall be established by the city revenue ordinance. This permit is property of the City at all times and subject to revocation.

Sec. 6-2433. - Fixed business address required.

Each transportation network company shall, as a condition of receiving one transportation network company regulatory permit to operate personal vehicles in Savannah, provide a physical address for the national headquarters of the company, the state address, and local address. Each transportation network company shall also designate an agent located within the state of Georgia for purposes of service of process. If the company headquarters is to be moved, the owner of the transportation network company shall notify the transportation services supervisor in Mobility and Parking Services Department of the new location prior to relocation. If the transportation network company is located within the corporate limits of the city, the company shall comply with all zoning, business tax certificate, and other applicable laws of the city.

Each transportation company shall provide professional customer service by having an e-mail address and customer service feedback submission for company contact maintained by a company representative during listed operating hours within the cellular or digital network application or program used to contact a transportation network services company.

Sec. 6-2434. - Indemnity for benefit of city.

Any transportation network company, driver, or rider operating and receiving service under this article shall hold the city harmless against any and all liability, loss, costs, damages, or expense which may accrue to the city by reason of the negligence, default, or misconduct of the company in connection with the rights granted to such company hereunder. Nothing in this article shall be considered to make the city liable for damages because of any negligent act or omission or commission by any transportation network company, its servants, agents, drivers, or other employees, during the operation by the company of a transportation network company business or service, either in respect to injuries to persons or with respect to damage to property which may be sustained.

Sec. 6-2435. - Insurance for benefit of passengers.

(a) Any transportation network company desiring to do business in the city shall give and maintain a policy of indemnity insurance with an indemnity insurance company authorized to do business in the state for each personal, or corporate vehicle in use, or a self-insurance certificate issued under state guidelines and regulated by the insurance commissioner of Georgia. Proof of insurance shall be kept on file at the office of the clerk of council and with the transportation services supervisor. The minimum insurance coverage shall be one million dollars ($1,000,000) General Liability, $1,000,000 for Automobile Liability, and $1,500,000 if transporting passengers from Savannah to a South Carolina state destination. Such indemnity insurance shall inure to the benefit of any person who is injured or who sustains damage to property caused by the negligence of a transportation network company or the transportation network company driver, whether as servant, agent, or independent contractor.

(b) Any transportation network company driver, or personal vehicle owner desiring to do business in the city with his/her personal vehicle shall give and maintain a policy of general liability motor vehicle insurance per the state minimum requirement of $25,000 per self-injury, $50,000 for multiple injuries, and $25,000 for property damage per incident.

Sec. 6-2336. - Blanket policy.

Any company or person owning and operating a personal vehicle for transportation network company services in the city shall give a separate policy of indemnity insurance or certificate of self-insurance for each separate personal vehicle, except where such company or person actually owns or holds legal title to more than one personal vehicle, in which event, such company or person may give one policy of indemnity insurance or certificate or self-insurance covering all the personal vehicles actually owned. This latter provision, however, shall not apply to any group of persons separately owning personal vehicles who may be jointly operating or doing business under a licensed transportation network company name. The transportation network company is responsible for ensuring that individual persons operating personal vehicles under said license shall comply with all state laws and local ordinances governing insurance coverage.

Sec. 6-2337. - Notice when voided.

Each certificate of insurance submitted to the clerk of council and transportation services supervisor prior to the issuance of a transportation network company regulatory permit shall include, by endorsement to the policy, a statement that written notice shall be given to the city by certified mail 30 days prior to cancellation or upon any material change in coverage.

Division 1. – Transportation Network Company Driver's Permit

Sec. 6-2338. – Transportation Network Company driver's permit required.

No person shall operate a personal vehicle for transportation network company services upon the streets of the city, and no person who owns or operates a transportation network company shall permit a personal vehicle to be driven, and no personal vehicle operating under a transportation network company licensed by the city, shall be driven at any time for transportation network services, unless the driver of said personal vehicle shall have first obtained and shall have then in force a transportation network company driver's permit issued under the provisions of this article and the certificate of insurance coverage for the vehicle is on file as provided for in this article with proof of such insurance being in the vehicle. This permit is property of the City at all times and subject to revocation

Sec. 6-2339. - Application

Any person desiring a permit required by this article shall submit an application in writing to the Transportation Network Company to which they desire to drive for. Upon approval from the Transportation Network Company, the approved status from the Transportation Network Company shall be furnished to the Transportation Office Supervisor in the Mobility and Parking Services Department. Such person shall also a complete a driver's permit application which shall be made under oath and shall state the age of the applicant, the applicant's address, whether the applicant has any physical infirmities, whether the applicant has been convicted of a violation of any of the laws of the state, or of this Code or other ordinances of the City and if so, when and of what offense, and the sentence of the court.

Sec. 6-2340. – Qualifications of Applicant

1. Not be less than 18 years of age.

2. Have no physical infirmities which make said applicant an unsafe or unsatisfactory transportation network company driver.

3. Not have been convicted of operating a motor vehicle while under the influence of intoxicating beverages or drugs within seven years prior to the date of the application for such application for such permit, or been convicted of reckless driving within one year prior to the date of application for such permit, or been convicted of any of these offenses three or more times within seven years prior to the date of the application for such permit. Nor shall a permit be issued to any person who has within seven years prior to the date of the application for such permit been convicted of any crime relating to transporting persons for immoral purposes (prostitution, solicitation for prostitution, or any sex related offense), or who has within seven years prior to the date of the application for such permit been convicted of, been on probation, parole, or served time on a sentence for a felony. A plea of nolo contendere to any of these offenses set out in this section shall be deemed a conviction.

4. Be a citizen of the United States or an alien admitted for permanent residence or who has otherwise been granted employment authorization by the United State Immigration and Naturalization Services.

Sec. 6-2342. – Photograph of Applicant

Before any permit is granted under this article, the Transportation Office Supervisor shall take one (1) photograph of the applicant. One (1) photograph shall be attached permanently to the driver's permit for display in the vehicle which the applicant is to drive, and stored electronically for record by the Transportation Office Supervisor in the Mobility and Parking Services Department.

Sec. 6-2343. – Driver's fees.

Before any permit is granted under this article, the following fees shall be paid by the applicant:

(a) If needed – a background investigation fee (varying from each police agency within the area ) shall be paid if required by the applicant in accordance with Section 6-2345 of this article.

(b) Driver permit fee. A driver permit fee in the amount of $10.00 shall be paid by the applicant upon issuance of the permit. A permit will be given on a temporary basis when accompanied by a background and driver's history.

(c) Permit transfer free. No driver may transfer from one transportation network company to another except upon approval of the Transportation Office Supervisor and upon a payment of $5.00 permit fee.

(d) A current 7 year M.V.R. is required at the time of application and a 3 year M.V.R. for renewals. This is the responsibility of the permit holder.

Sec. 6-2344. – Current State driver's license required

Any person applying for a Transportation Network Company Driver's Permit under this article must show that a current motor vehicle operator's license has been issued or approved by the State of Georgia, or a valid driver's license issued by a state within the United States; and that the license is not under suspension or revocation. Any other exception to this requirement shall be approved or denied per the Transportation Office Supervisor.

Sec. 6-2345. – Police investigation of applicant.

The Transportation Network Company Driver applicant shall have a police background investigation conducted for each application for a Transportation Network Company Driver's Permit; and a report of such investigation and a copy of the traffic and police record of the applicant, if any, shall be attached to the application. Should the information provided by the TNC not suffice the needs of the Transportation Office Supervisor, an applicant will be required to pay to a local police agency a fee to conduct a background investigation.

Sec. 6-2346. – Examination of applicant; issuance or denial of permit.

It shall be the duty of the Transportation Office Supervisor to examine the applicant, his reference, police and traffic record, and other vouchers, and thereafter to either grant or refuse the permit. In the event of a refusal to grant a permit, the applicant shall have the right to enter an appeal as provided in Section 6-23?.

Sec. 6-2347. – Permit and notice to be displayed.

(a) The permit issued under the provisions of this article shall be placed on display in the personal vehicle to be operated by the holder of the permit in a display case or holder designed for that purpose on the dashboard facing the passenger compartment, in clear view of the passengers at all times when the personal vehicle is operation for transportation network company services.

(b) A notice provided by the Transportation Office Supervisor shall be on display on the front dashboard facing the passenger compartment. The notice shall contain sufficient information to allow the customer to contact the Transportation Office Supervisor concerning compliments or complaints about the transportation network company or driver.

Sec. 6-2348. – Alteration of permits or notices prohibited.

It shall be unlawful for any person to willfully alter, deface, obliterate, or destroy a Transportation Network Driver's Permit or notice to passengers, or cause or allow the same.

Section 6-2349. – Permit not transferable.

Any Transportation Network Company Driver's Permit issued under this article is not transferable from one transportation network company driver to another, and is to be used solely by the person to whom it is issued. Any permitted Transportation Network Company driver shall notify the Transportation Office in the Mobility and Parking Services Department prior to beginning employment with another transportation network company.

Section 6-2350. – Duration of permit.

Any Transportation Network Company Driver's Permit shall be in effect for twelve (12) months from the date of issue. Permits may be renewed, upon application and payment of the required fee, for each twelve (12) month period thereafter, unless the permit for the preceding period has been revoked or is under suspension.

Division 2. – Transportation Network Company Operating Regulations

Sec. 6-2351 – Identification and marking generally

Every personal vehicle shall have a decal affixed to the front windshield and rear windshield in plain sight indicating the personal vehicle is authorized to perform transportation network company services. Such decals shall be assigned to such personal vehicle and the vehicle owner thereof by the Transportation Office Supervisor or designee. Such decal shall remain affixed to the windshield(s) four (4) inches high and not obstruct the driver's view during the permitted time of the vehicle owner and driver to perform transportation network services. All State laws regarding windshield markings and decals should be followed.

Sec. 6-2352 – Registration of Vehicle, Decal, Names of Owner and Operator

The decal number and vehicle state registration assigned to a personal vehicle in accordance with this article together with the names of the owner and operator of the personal vehicle, shall be registered with the Transportation Office in the Mobility and Parking Services Department.

Sec. 6-2353 – Safe mechanical condition of personal vehicles required

Every personal vehicle operated on the streets of the City for the purpose of transportation network company service shall be maintained in a safe mechanical condition, with all safety and pollution control equipment remaining intact and operative, at all times when the personal vehicle is in service. Personal vehicles operated for Transportation Network Services will be required to complete

Sec. 6-2354 – Cleanliness of personal vehicles

Each vehicle operating under this article shall be kept painted, and in a clean sanitary condition, free of litter and debris and at all times suitable for the private transportation or ride sharing of passengers.

Sec. 6-2355 – State license tag require for personal vehicles required

Prior to the use and operation of any personal vehicle as a transportation network company vehicle under the provision of this article, the owner of said vehicle shall secure and display on the vehicle a license plate belonging to one the of the 48 land states of the United State of America and provide such state registration for said vehicle.

Sec. 6-2356 – Reserved

Sec. 6-2357 – Compliance with the Savannah Airport Commission

Each vehicle operating under this article providing transportation network company services to the Savannah – Hilton Head International Airport's customers shall comply with the Savannah Airport Commission “Network Transportation Provider Procedure.”

Sec. 6-2358– Digital Manifest

Each transportation network company driver and company shall maintain a daily manifest upon which shall be recorded digitally via the transportation network company cellular-internet application or program all trips made by each vehicle each day, showing time and place of origin, destination of each trip and amount of fare. All such completed manifests shall be compiled and kept at minimum ninety (90) days from date of completed services by a driver for a rider(s). Such manifest shall be made available to the Transportation Office Supervisor or designee, any official of the Mobility and Parking Services Department, Revenue Department, or to any office of the Police Department at all reasonable times. The manifest shall be kept in a legible condition able to be hand delivered, faxed, e-mailed, or mailed via postal service at any time requested by said officials of the City.

Sec. 6-2359 – Travel to Rider Location

No charge shall be made for time and/or mileage for traveling to the location of a prospective passenger.

Sec. 6-2360 – Receipts

The transportation network company shall, for all purposes, supply a receipt digitally to a rider, render to such passenger a receipt for the amount charged, on which shall be the name of the transportation network company, the driver, the trip origin and the designation, amount of charge, and date of transaction.

Sec. 6-2361 – Stands generally and reserved parking spaces

(a) No personal vehicle providing transportation network company services shall be permitted to: park, stop, utilize for picking up or dropping off riders in, or at a taxi stand, taxi zone, yellow curb, reserved parking space, freight zone, handicapped accessible parking (unless said personal vehicle driver is permitted at the time of pick-up and drop-off), City reserved parking spaces, Police/Fire/Emergency reserved parking spaces, alleys, or lanes within the City of Savannah.

(b) It shall be unlawful for transportation network company personal vehicles to use or park in any area or stand designated for the exclusive use of airline limousines and no parking shall be permitted at the International Airport except at such stands as may be designated by the Mayor and Aldermen upon the recommendation of the Airport Commission for the exclusive use of designated companies and by no other company or persons.

(c) Personal vehicles providing transportation network company services are permitted to: park, stop, utilize for picking up or dropping off riders in valet lanes (where applicable), passenger loading zones, and regulated parking spaces (so long as said personal vehicle is in compliance with City parking ordinances and state law).

Sec. 6-2362 – Proper dress required

(a) A driver's clothing and shoes shall be neat and in good repair, free of holes, tears, fading, stains, or soil.

(b) Collarless shirts, bare midriff or backless attire, shorts, cutoff jeans, and miniskirts are prohibited while the personal vehicle is providing service. If desired, shorts may be worn. The length of the shorts may not more than two inches above the knee.

(c) Proper hygiene is required.

Sec. 6-2363 – Reserved

Sec. 6-2364 – Soliciting passengers prohibited

It shall be unlawful for any person to solicit passengers verbally or by gesture, directly, or indirectly, at any parking space, loading zone, or upon the streets of the City.

Sec. 6-2365 – Cruising

Transportation network company drivers shall be permitted to drive such personal vehicles about the streets of the City for sole purpose of picking up and transporting riders only after a request for service via a transportation network company's digital network has been sent to a driver via the transportation network company on behalf of a rider(s).

Sec. 6-2366 – Use of designated bus stops prohibited

It shall be unlawful for any transportation network company driver to park or stand at a bus /dot stop designated for use by the Chatham Area Transit Authority, Savannah Area Mobility Management, Incorporated, or local tour bus stops.

Sec. 6-2367 – Carrying more than one fare-paying passenger

It shall be unlawful for the driver of any personal vehicle to pick up a second passenger or to permit any other person to occupy or ride in the personal vehicle when the same is occupied by a fare-paying rider or by members of the party of the fare-paying rider.

Sec. 6-2368 – Restriction on number of passengers

No driver shall permit more persons to be carried in a personal vehicle as passengers (as riders) than the rated seating capacity of such personal vehicle. A child in arms shall not be counted as a rider.

Sec. 6-2369 – Refusal to carry orderly riders prohibited

No driver shall refuse or neglect to convey any orderly person or persons, upon arrival to a pick-up location per the request of such rider via a transportation network company's digital network.

Sec. 6-2370 – Prohibitions of drivers

It shall be unlawful for any driver of a transportation network company to solicit business for any hotel, or other business, or to attempt to divert patronage from one hotel or business to another. It shall be unlawful for a driver to solicit business from any employee of any hotel or other such business. Neither shall such a driver engage in selling or soliciting for the sale of intoxication beverages, or illegal drugs, or solicit for any purpose other than the transportation of passengers via transportation network company services.

Sec. 6-2371 – Smoking prohibited

It shall be unlawful to smoke or chew to tobacco products in any personal vehicle providing transportation network company services upon the streets of the City at all times, whether or not such personal vehicle is occupied by a rider. This prohibition includes vaporized cigarettes, E-cigarettes, and

Sec. 6-2372 – Personal vehicle movement prohibited under certain circumstances

No driver shall attempt to operate a personal vehicle while discharging or receiving riders.

Sec. 6-2373 – Property left in personal vehicle by rider(s)

Any transportation network company driver discovering in any personal vehicle under such driver's control personal property, which was lost or left therein by a rider of such personal vehicle, shall report such loss and deliver all such property to the office of the transportation network company within twelve (12) hours after the discovery of such property. The driver's report shall include brief particulars to enable the company to identify the owner of the property. The company shall retain the property on behalf of the owner for at least ninety (90) days. Should the company not be able to store lost items, the items shall be remitted to the Transportation Office in the Mobility and Parking Services Office.

Sec. 6-2374 – Age limit of personal vehicles

Every transportation network company personal vehicle operating on the streets of the City shall be no more than ten model years older than the current calendar year on or after January 1, 2015.

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