Seattle Comptroller/Clerk Files Index
Information modified on March 24, 2014; retrieved on December 14, 2024 10:29 AM
Clerk File 313675
Title | |
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Initiative Measure No. 111, from Yes! Rideshare Seattle, concerning transportation network service providers. |
Description and Background | |
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Current Status: | Filed |
Index Terms: | TAXICABS, PUBLIC-REGULATIONS, MOTOR-VEHICLE-SERVICES, ADMINISTRATIVE-PROCEDURES, LICENSES |
Notes: | The PDF of this Clerk File is updated with correspondence documenting this proposal's progress through the initiative process. |
Legislative History | |
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Date Filed with Clerk: | March 21, 2014 |
PDF Copy: | Clerk File 313675 |
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INITIATIVE ___ YES! RIDESHARE SEATTLE "WARNING: "Ordinance 94289 provides as follows: "Section 1. It is unlawful for any person: 1. To sign or decline to sign any petition for a City initiative, referendum, or Charter amendment, in exchange for any consideration or gratuity or promise thereof; or 2. To give or offer any consideration or gratuity to anyone to induce him or her to sign or not to sign a petition for a City initiative, referendum, or Charter amendment; or 3. To interfere with or attempt to interfere with the right of any voter to sign or not to sign a petition for a City initiative, referendum, or Charter amendment petition by threat, intimidation or any other corrupt means or practice; or 4. To sign a petition for a City initiative, referendum, or Charter amendment with any other than his or her true name, or to knowingly sign more than one (1) petition for the same initiative, referendum or Charter amendment measure, or to sign any such petition knowing that he or she is not a registered voter of The City of Seattle." The provisions of this ordinance shall be printed as a warning on every petition for a City initiative, referendum, or Charter amendment. "Section 2. Any person violating any of the provisions of this ordinance shall upon conviction thereof be punishable by a fine of not more than Five Hundred Dollars ($500) or by imprisonment in the City Jail for a period not to exceed six (6) months, or by both such fine and imprisonment." INITIATIVE PETITION FOR SUBMISSION TO THE SEATTLE CITY COUNCIL. To the City Council of The City of Seattle: We, the undersigned registered voters of The City of Seattle, State of Washington, propose and ask for the enactment as an ordinance of the measure known as Initiative Measure No. ...... entitled: [ballot title of the measure] a full, true and correct copy of which is included herein, and we petition the Council to enact said measure as an ordinance; and, if not enacted within forty-five (45) days from the time of receipt thereof by the City Council, then to be submitted to the qualified electors of The City of Seattle for approval or rejection at the next regular election or at a special election in accordance with Article IV, Section 1 of the City Charter; and each of us for himself or herself says: I have personally signed this petition; I am a registered voter of The City of Seattle, State of Washington, and my residence address is correctly stated. ( * Only Registered Seattle Voters Can Sign This Petition * )
COMPLETE TEXT OF INITIATIVE NO. _____ SECTION 1. THE PEOPLE OF SEATTLE MAKE THE FOLLOWING LEGISLATIVE FINDINGS OF FACT AND DECLARATIONS: The people find and declare that transportation network service providers that utilize online application dispatch services that provide prearranged transportation services to city residents and businesses, tourists, out-of-state business people, and visitors of every kind are a vital part of the transportation system within the city of Seattle. Consequently, the safety, reliability, and stability of these transportation services are matters of citywide importance. The people also find and declare that a balance between safety and innovation is important. It must first include a regulatory structure that provides a safety net that the public can rely on for their protection, and then a social and business dimension that ensures that businesses can innovate and use technology to better the lives of people everywhere. The people also find and declare that The City of Seattle should tend to limit their intervention in matters of business to those related to safety and consumer protection, as opposed to engaging in policy and regulation generation that is intended to help one industry or business while not treating all others the same. SECTION 2. SECTION 6.310.100 OF THE SEATTLE MUNICIPAL CODE IS AMENDED AS FOLLOWS: 6.310.100 Purpose.
A. Transportation network companies (TNC) provide application dispatch services (technology that allows consumers to directly request dispatch of for-hire drivers for trips via the internet using mobile interfaces such as smartphone applications,) to
connect drivers with passengers for transportation services. While active on a TNC dispatch system, TNC drivers are for-hire drivers operating for-hire vehicles. The ordinance codified in this chapter is an exercise of The City of Seattle's power to
license for-hire vehicles, taxicabs, for-hire drivers taxicab associations, and transportation network companies,
B. The Director may issue a moratorium suspending the issuance of TNC vehicle endorsements or TNC licenses upon finding that the continued issuance of TNC vehicle endorsements or TNC licenses threatens public safety or raises substantial consumer
protection concerns. In making such a finding the Director
C. Within 60 days of the effective date of this ordinance, and within every 60 days thereafter through June 30, 2016, the Director shall report to the chair of the Taxi, For-hire, and Limousine Regulations Committee of the Seattle City Council
SECTION 3. SECTION 6.310.110 OF THE SEATTLE MUNICIPAL CODE IS AMENDED AS FOLLOWS: 6.310.110 Definitions. For the purposes of this chapter and unless the context plainly requires otherwise, the following definitions apply: "Active on the TNC dispatch system" includes but is not limited to: when the driver is logged onto the transportation network company (TNC) application dispatch system showing that the driver is available to pick up passengers; when a passenger is in the vehicle; when TNC dispatch records show the vehicle is dispatched; or when the driver has accepted a dispatch and is enroute to provide transportation services to a passenger. ***
"Trade dress" means *** "Transportation network company (TNC) representative" means the person or persons that a transportation network company has authorized to: 1. File applications, rates and charges on behalf of the TNC;
2. Receive and accept all correspondence, *** SECTION 4. SECTION 6.310.130 OF THE SEATTLE MUNICIPAL CODE IS AMENDED AS FOLLOWS: 6.310.130 Licenses required. *** D. It is unlawful to operate as a transportation network company within The City of Seattle without a valid license issued under this chapter. E. It is unlawful to operate or utilize an application dispatch system within The City of Seattle unless: 1. The person or entity is a licensed transportation network company; or
2. The person or entity uses the application dispatch system exclusively for taxicabs and/or for-hire vehicles licensed under this chapter, using rates consistent with SMC 6.310.530 3. The person or entity uses the application dispatch system to dispatch or coordinate passenger transportation using any of the following types of vehicles categories: a. School buses operating exclusively under a contract to a school district; b. Ride-sharing vehicles under Chapter 46.74 RCW; c. Vehicles used by nonprofit transportation providers solely for elderly or handicapped persons and their attendants under Chapter 81.66 RCW; d. Vehicles used by auto transportation companies licensed under Chapter 81.68 RCW; e. Vehicles used to provide courtesy transportation at no charge to and from parking lots, hotels, and rental offices; and f. Vehicles licensed under, and used to provide "charter party carrier" and "excursion service carrier" services as defined in, and required by, Chapter 81.70 RCW. *** SECTION 5. SECTION 6.310.150 OF THE SEATTLE MUNICIPAL CODE IS AMENDED AS FOLLOWS: 6.310.150 Fees. *** E. Transportation network company:
Annual fee ....$ *** SECTION 6. SECTION 6.310.260 OF THE SEATTLE MUNICIPAL CODE IS AMENDED AS FOLLOWS: 6.310.260 Transportation network company license eligibility and application. A. Any business or individual desiring to operate as a transportation network company within The City of Seattle shall file with the Director a signed and notarized transportation network company license application on forms provided by the Director. 1. To be eligible for a license, the transportation network company is limited to providing application dispatch services to transportation network company drivers meeting the requirements set forth in Section 6.310.452. 2. The license application shall include the following information: a. The applicant transportation network company's name, business street address and post office box or mail box service address (if any), business facsimile number, business phone number and business email address where the transportation network company representative can generally be reached between 9 a.m. and 5 p.m. on all nonholiday weekdays; b. The form of business entity under which the association will operate (e.g. corporation, partnership, cooperative association, or other form); i. If the applicant transportation network company is individually owned, the name, business address (or home address if no business address), telephone number, social security number , and date of birth of the owner, or
ii. If the applicant transportation network company is a corporation, partnership or other business entity, the names, home and business addresses, telephone numbers, social security numbers , and date of birth of all officers, directors,
general and managing partners, registered agents, and of all other persons vested with authority to manage or direct the affairs of the legal entity or to bind the legal entity in dealings with third parties, and the entity's true legal name, state of
incorporation,
c. Verification that applicant uses only one application dispatch system d. The trade dress the applicant transportation network company proposes to use, if any, for each affiliated driver's vehicle, with a photo of the trade dress submitted with the application. The trade dress may be placed on the vehicle body, but not on the roof or covering any windows, vehicle lights, or obscuring the view of any mirrors, and cannot exceed four square feet; e. The name, address, phone number and date of birth of the transportation network company representative;
f. The for-hire driver license number with TNC vehicle endorsement (if applicable), vehicle make, model,
g.
i. Be issued by an admitted carrier in the State of Washington with an A.M. Best Rating of not less than ii. Name The City of Seattle as an additional insured, iii. Provide that the insurer will notify the Director, in writing, of any cancellation and/or nonrenewal at least 30 days before that cancellation and/or nonrenewal takes effect, and iv. Not include self-insured retention, nonstandard deductibles, aggregate limits, territorial restrictions, named driver requirements, or exclusions, or any other provisions that limit insurance coverage. h. State of Washington vehicle registration for each vehicle affiliated with the transportation network company.
i. Certificate of 19-point inspection for each vehicle affiliated with the transportation network company as required in Section 6.310.270(
j. Dispatch records identifying the average and minimum and maximum number of drivers and number of dispatches on the TNC dispatch system per day for the six months prior to the date of application. TNCs that were not operating in Seattle prior to the
effective date of this ordinance do not need to provide these records. Under the City's authority to regulate the safety , and reliability, l. Any other information required by regulations adopted pursuant to this chapter. k. The above application and information must be completed for each annual license renewal. B. All applications submitted to the Director must be accompanied by the license fee set forth in Section 6.310.150. C. The transportation network company applicant or licensee must inform the Director in writing within seven days if any of the information provided pursuant to Section 6.310.260.A changes, ceases to be true or is superseded in any way by new information.
D. A transportation network company license is valid for no more than one year. No transportation network company license may be renewed unless the renewal fee has been paid and all outstanding penalties assessed against the transportation network
company and its affiliated drivers have been paid to the Director. The Director shall not renew the transportation network company license if SECTION 7. SECTION 6.310.265 TO SEATTLE MUNICIPAL CODE IS AMENDED AS FOLLOWS: 6.310.265 Transportation network company (TNC) standards for license application or renewal denial: A. The operation of a TNC is a privilege, not a right. The TNC's ability to satisfy stated criteria for a TNC license does not create a right to a TNC license. B. The Director shall deny any TNC license application if the Director determines that: 1. The applicant fails to submit proof of insurance as required by Section 6.310.260. 2. The applicant provides application dispatch services to anyone other than TNC drivers meeting the requirements set forth in Section 6.310.452 , or to anyone or entity other than those meeting the requirements of Section 6.310.130(E)(1 thru 3) ;
C. The Director may deny any TNC license application if the Director determines that, within five years of the date of application, the TNC applicant, or if the TNC applicant is a business entity, any officer, director, managing partner, general partner, registered agent or principal of the TNC: 1. Within five years of the date of application, has had a bail forfeiture, conviction or other final adverse finding involving crimes directly related to the applicant's ability to operate a TNC, including but not limited to prostitution, physical violence , gambling, fraud, larceny, extortion, income tax evasion; and/or 2. Has exhibited past conduct, as evidenced by a criminal conviction, bail forfeiture or other final adverse finding (including in a civil suit or administrative proceeding) in operating a TNC, business or vehicle that would lead the Director to reasonably conclude that the applicant will not fulfill the TNC responsibilities and requirements set forth in this chapter. 3. Has failed to meet one or more operating responsibilities as detailed in Section 6.310.270. SECTION 8. SECTION 6.310.270 TO SEATTLE MUNICIPAL CODE IS AMENDED AS FOLLOWS: 6.310.270 Transportation network company (TNC) operating responsibilities In addition to meeting the license application requirements set forth in Section 6.310.260, the TNC must: A. Maintain a business office in The City of Seattle that: 1. Is open and personally staffed all business days between 9 a.m. and 5 p.m. (Class A); 2. Has a local telephone number and a toll-free business telephone number and a local telephone number and a toll-free passenger complaint hotline telephone number that is answered during all hours that TNC drivers are operating. (Class A); 3. Has a local street and general delivery (post office or mail box service mailing address and email address where the TNC representative will accept mail. (Class A);
4. Stores all records that this chapter requires the TNC to maintain including, but not limited to, copies of for-hire driver applications to the TNC , drivers licenses and TNC vehicle endorsements (if applicable 5. Provides secure storage for all items left in a TNC driver's vehicle by patrons and turned in by TNC drivers to a location centrally located within the city limits of Seattle, and that is open Monday through Saturday, during hours which are generally convenient for the working public . (Class A);
B. Ensure that each TNC driver's vehicle is insured as required in Sections 6.310.260 and 6.310.452. (revocation and Class C); C. Establish a driver training program to ensure that all drivers are safely operating the vehicle prior to the driver being able to offer service. This program must be filed with the Director within 45 days of the adoption of this initiative. TNCs must report to the Director on an annual basis the number of drivers that became eligible and completed the course.
1. Service Information Reports. Submit quarterly, in a form approved by the Director, the monthly total of paid trips, paid miles, trip revenue, and daily operating hours for each TNC driver and vehicle (Class A); 2. Vehicle Collision Reports. Submit monthly, on forms approved by the Director, a list of vehicle collisions required to be reported to the Washington State Patrol pursuant to RCW 46.52.030(1) and WAC 446.85-010 including the name of the TNC driver, identification of the vehicle, collision fault, injuries, and estimated damage, and a copy of any state, county, city, town, or other political subdivision vehicle collision report related to the collision (Class A); 3. Service Response Time Reports. Submit quarterly, on forms approved by the Director, average response times for service requests in the operating areas served by TNC drivers (Class A); 4. Crimes Against Affiliated Drivers Reports. Submit quarterly, on forms approved by the Director, a list of all crimes of assault or robbery against TNC drivers that were reported to the Seattle Police Department, including the name of the TNC driver and identification of the vehicle, incident number, description of the crime, and injuries (Class A), and 5. Passenger complaints. Submit quarterly, in a form approved by the Director, a report which contains information on complaints received directly from passengers to any employee of or person representing the TNC in any capacity , and from the passenger complaint hotline as compiled from the log required pursuant to subsection 6.310.270.0 regarding: a. Driver conduct sorted by driving behavior, personal communication s , personal dress or hygiene; b. Vehicle condition sorted by interior or exterior appearance, cleanliness, orderliness, mechanical and/or safety; and c. Lack of driver knowledge of route or requested destination , or failure to initially deliver the passenger to the dispatched address (Class A).
1. A conviction, bail forfeiture or other adverse finding received by a TNC driver for any criminal offense or traffic violation that occurs during or arises out of the driver's operation of the vehicle while active on any TNC dispatch (Class A for traffic violation, Class B for any criminal offense), 2. A conviction, bail forfeiture or other adverse finding received by a TNC driver for any other criminal offense directly bearing on the driver's fitness to operate a vehicle or the affiliated driver's fitness to be licensed, including but not limited to theft, fraud, robbery, burglary, assault, sex crimes, alcohol, drugs, or prostitution (Class B),3. A vehicle accident required to be reported to the State of Washington involving any TNC driver (Class B), 4. Any restriction, suspension or revocation of a State of Washington driver's license issued to a TNC driver (Class B), and/or 5. Any matter listed in subsections 6.310.265.B.9 or 6.310.265.C (Class B);
1. The TNC shall include a notice on its website, mobile application, and passenger trip confirmations of its zero-tolerance drug and alcohol policy and the methods available to report a driver the passenger reasonably suspects was under the influence of drugs or alcohol during the trip; 2. The website and mobile application must include a local and toll-free telephone number, website link, and email to report a zero-tolerance complaint, as well as the phone number and email to report a zero-tolerance complaint to the Seattle Consumer Affairs department, (Class B);
2. On January 1, 2015 and biannually on June 1 and January 1 thereafter, each TNC shall submit to the Director a report detailing any incidents or instances of complaints of unfair treatment or discrimination of persons related to the geographic endpoints of the ride, their race, color, national origin, sex, age, religion or religious affiliation, or sexual orientation/identity disabilites. This report shall be made public by the Director. This report shall be used by the Director to determine what, if any, regulations need to be amended or adopted to ensure that TNCs are accessible to, and do not discriminate against persons because of the geographic endpoints of the ride, their race, color, national origin, sex, age, religion or religious affiliation, or sexual orientation/identity disabilities, (Class B),
1. Foot brakes (check stopping: at 20 mph, a vehicle must be capable of stopping within 25 feet); 2. Emergency brakes (engine stall test); 3. Steering mechanism; 4. Windshield (no chips or cracks larger than one inch, no leaks); 5. Rear window and other glass (no chips or cracks larger than one inch, no leaks); 6. Windshield wipers; 7. Headlights; 8. Tail lights; 9. Turn indicator lights; 10. Stop lights; 11. Front seat adjustment mechanism; 12. Doors (open, close, lock); 13. Horn; 14. Speedometer; 15. Bumpers; 16. Muffler and exhaust system; 17. Condition of tires, including tread depth; 18. Interior and exterior rear view mirrors; and 19. Safety belts and air bags for driver and passenger(s). 20. All side windows (readily operable -open/close, no chips or cracks larger than one inch, no leaks); Affiliated vehicles shall not be rebuilt or significantly modified from factory specifications. Transportation network companies shall maintain vehicle inspection records.
2. On January 1, 2015 and biannually on June 1 and January 1 thereafter, each TNC shall submit to the Director a report detailing a description of any instances crime or criminal activity associated with a TNC driver or with a TNC passenger. This report shall be made public by the Director. This report shall be used by the Director to determine what, if any, regulations need to be amended or adopted to ensure that TNCs operate in a safe and crime free manner, and most importantly that TNC drivers and passengers are safe and not affected by criminal acts or behavior (Class B),
SECTION 8. SECTION 6.310.305 OF THE SEATTLE MUNICIPAL CODE IS AMENDED AS FOLLOWS: 6.310.305 Taxicab and for-hire vehicle owners--Investigation. All applicants for a taxicab or for-hire vehicle license shall be referred for fingerprinting, and all applications shall be referred to the Seattle Police Department for a background check, for a state and national Washington State Patrol and Federal Bureau of Investigation criminal background check under RCW 35.21.920 to regulate the issuance of licenses of those engaged in the taxicab and for-hire occupations and activities. Information relating to the applicants' criminal history shall be forwarded to the licensing agency. SECTION 9. SECTION 6.310.325 OF THE SEATTLE MUNICIPAL CODE IS AMENDED AS FOLLOWS: 6.310.325 Vehicles affiliated with a transportation network company (TNC) vehicle operating requirements
No vehicle affiliated with a TNC shall operate within the geographic boundaries of A. The vehicle is a taxicab or for-hire vehicle licensed under this chapter, or the vehicle has a TNC vehicle endorsement. B. Affiliated with a licensed transportation network company; C. Affiliated with a driver with a for-hire driver's license; D. The vehicle has insurance coverage as required by section 6.310.260; E. Passed the 19-point vehicle inspection as required by subsection 6.310.270.V; except for for-hire vehicles and taxicabs licensed under this chapter; and F. The vehicle model year can be no more than seven years prior to the license date. SECTION 10. SECTION 6.310.327 OF THE SEATTLE MUNICIPAL CODE IS AMENDED AS FOLLOWS: 6.310.327 Transportation network company (TNC) vehicle endorsement eligibility and application
A. Within 45 days of the passage date of this *** D. To apply for the TNC vehicle endorsement, the applicant shall complete, sign, swear to and file with the Director a TNC vehicle endorsement application on forms provided by the Director to include the following information: 1. Name, aliases, residence and business address, residence and business telephone numbers; 2. Place and date of birth which shall be at least 21 years prior to the date of application, height, weight, color of hair and eyes, and the applicant may voluntarily indicate their race ; 3. Washington State driver's license number. Providing the social security number is not optional. The applicant must present his/her current Washington State driver's license at the time of application; 4. Washington State Department of Licensing uniform business identifier number if applicable.
10. A copy of the applicant's vehicle's registration
Failure to meet any of these requirements within this timeframe, for any reason other than delay caused by the City, shall result in the denial of the issuance of the TNC vehicle endorsement. All denials or revocations of TNC vehicle endorsement applications must be set forth in writing, together with the reasons for denial or revocation. The written denial shall be delivered either personally or by first class mail to the address provided by the applicant on the license renewal application. *** F. The TNC vehicle endorsement is inseparable from the for-hire driver's license and the lease, transfer or assignment of the vehicle endorsement is prohibited. SECTION 11. SECTION 6.310.328 OF THE SEATTLE MUNICIPAL CODE IS AMENDED AS FOLLOWS: 6.310.328 Transportation network company (TNC) vehicle endorsement standards for denial A. The Director shall deny any TNC vehicle endorsement application if the Director determines that: *** 5. Within three years of the date of application, the applicant has had a conviction, bail forfeiture or other final adverse finding of criminal fraud, larceny, theft, prostitution, physical violence , extortion, racketeering, robbery, or violation of the Uniform Controlled Substances Act where such crime involved the use of the endorsed vehicle. B. The Director may deny any TNC vehicle endorsement application if the Director determines that: 1. Within five years of the date of application, the applicant has had a conviction, bail forfeiture, or other final adverse finding involving crimes reasonably related to the applicant's ability to operate a for-hire business, including but not limited to prostitution, physical violence , gambling, fraud, larceny, extortion, income tax evasion;
2. Within *** SECTION 12. SECTION 6.310.405 OF THE SEATTLE MUNICIPAL CODE IS AMENDED AS FOLLOWS: 6.310.405 Criminal Background Check. All applicants for a for-hire vehicle license shall be referred for fingerprinting, and all applications shall be referred to the Seattle Police Department for a background check, for a state and national Washington State Patrol and Federal Bureau of Investigation criminal background check under RCW 35.21.920 to regulate the issuance of licenses of those engaged in the taxicab and for-hire occupations and activities. Information relating to the applicants' criminal history shall be forwarded to the licensing agency. SECTION 13. SECTION 6.310.450 OF THE SEATTLE MUNICIPAL CODE IS AMENDED AS FOLLOWS: 6.310.450 For-hire driver operating standards. *** I. A for-hire driver shall immediately notify as applicable the taxicab association or TNC and the Seattle Police Department when the forhire driver has been the victim of a crime (Class A). *** L. A non-TNC for-hire driver shall accept credit cards for payment of fare when requested by passengers (Class A). *** SECTION 14. SECTION 6.310.452 OF THE SEATTLE MUNICIPAL CODE IS AMENDED AS FOLLOWS: 6.310.452 TNC driver operating, conduct, and passenger relations standards In addition to meeting the for-hire operating standards set forth in Section 6.310.450, the TNC drivers must meet the following operating, conduct, and passenger relations standards: *** E. TNC drivers shall maintain a personal auto insurance policy provided, that if the insurance policy lapses or is canceled, or a vehicle is deleted from the policy, proof of a new policy including the vehicle must be promptly filed with the TNC and with the Director before the vehicle is canceled or deleted from the previous policy (summary suspension); ***
J. TNC drivers shall have in their *** SECTION 15. SECTION 6.310.455 OF THE SEATTLE MUNICIPAL CODE IS AMENDED AS FOLLOWS: 6.310.455 For-hire driver conduct standards. A. A for-hire driver shall not drink any alcoholic beverage or smoke, inhale, or otherwise ingest marijuana or marijuana infused product(s) of any kind while on duty or less than eight (8) hours prior to going on duty, and shall not possess an open or unsealed container of any alcoholic beverage or any open or unsealed container of marijuana or marijuana infused product(s of any kind while in the for-hire vehicle or taxicab (suspension and Class B); B. A for-hire driver shall, at the end of each trip, check the vehicle for any article(s) that are left behind by passenger(s). Such articles found in taxicabs or the for-hire vehicle are to be reported as found property to the taxicab association or TNC , and such property is to be returned to the taxicab association or TNC representative at the end of the shift or sooner if possible (Class A); *** U. A for-hire driver shall not tamper with, disable, remove, or willfully damage the digital security camera equipment required under this chapter to be in a taxicab (Class C); V. A for-hire driver shall not alter, edit, destroy, remove, copy, transfer, transmit, erase, delete, overwrite, obscure, damage, encode, lock, render unreadable, or otherwise tamper with any image made by a digital security camera, other than as may occur in the normal operation of the digital security camera system as mandated and authorized by the Director (Class C); and. W. A for-hire driver must notify the Director within three (3) working days of receiving, while operating a taxicab or a for-hire vehicle , a traffic infraction for a violation of SMC Section 11.50.140 based on evidence detected through the use of an automated traffic safety camera (Class B). X. A for-hire driver shall not smoke in the for-hire vehicle while providing transportation to passengers (Class A); Y. A for-hire driver shall not use a third party to solicit trips (Class C and revocation). SECTION 16. SECTION 6.310.610 OF THE SEATTLE MUNICIPAL CODE IS AMENDED AS FOLLOWS: 6.310.610 Suspension or revocation *** C. Revocation s tandards *** 3. Transportation network companies (TNC) a. The Director shall revoke a TNC license if during the license period: i. The TNC, or any owner, officer, director, managing partner, general partner or principal of the TNC, receives a bail forfeiture, conviction or other final adverse finding for crimes of fraud, theft, larceny, extortion, embezzlement, racketeering, Uniform Controlled Substances Act, prostitution, physical violence , alcohol and/or narcotics where the commission of such crimes involved or used a TNC or forhire vehicle. If an owner, officer, director, managing partner, general partner or principal of the TNC found in violation of this subsection is (a) removed immediately from all operational or management duties or authority and (b) is divested of all ownership in the TNC as soon as possible, the license may be reinstated; ii. The TNC, or any owner, officer, director, managing partner, general partner or principal of the TNC, receives a bail forfeiture, conviction or other final adverse finding involving crimes directly related to the applicant' s ability to operate a TNC, including but not limited to prostitution, physical violence , gambling, fraud, larceny, extortion, income tax evasion. If an owner, officer, director, managing partner, general partner or principal of the TNC found in violation of this subsection is (a) removed immediately from all operational or management duties or authority and (b) is divested of all ownership in the TNC as soon as possible, the license may be reinstated;
b. The Director may revoke a TNC license if during the license period the TNC: *** vii. Fails to regularly review driving and insurance records of TNC drivers and maintain records thereof including of each review itself ; *** 6. Transportation network company (TNC) drivers *** b. The Director may revoke the for-hire license of a transportation network company driver if:
i. The TNC driver is found to be in possession of illegal drugs, *** SECTION 17 . In order to provide appropriate regulatory oversight over these new methods for providing transportation services, the City Council will need data to ascertain whether the new transportation business model is having a positive, negative, or non-effect on public safety .
The Department of Finance and Administrative Services shall issue a report to the City Council regarding the transportation network company pilot program by no later than September 30, 2015. The report shall include an assessment of taxi and TNC
industries' trips One year after the approval date of this initiative the Director will convene a workshop to hear from all stakeholders on the impacts of transportation network companies and the accompanying regulations. Workshop topics will include, but not necessarily be limited to, impacts on safety, competition, innovation, accessibility, congestion, pollution, and an update and assessment of how well the regulations related to transportation network companies and for=hire driver insurance coverage have performed. SECTION 6. EXCEPTIONS. The requirements of this ordinance shall not apply where and to the extent that state or federal law or regulations preclude their applicability. To the extent that state or federal law or regulations require the consent of another legal entity, such as a municipality, port district, or county, prior to becoming effective, the City Mayor and City Council is directed to formally and publicly request that such consent be given. SECTION 7. CONFORMITY WITH SEATTLE MUNICIPAL CODE. The City Clerk or other City of Seattle official charged with code revision is authorized to change the numbering and formatting of this Ordinance in order that it conforms with the Seattle Municipal Code's codification and numbering scheme, all in a manner that is consistent with the intent and language of this Ordinance. SECTION 8. EFFECTIVE DATE. The effective date of this Initiative shall be November 25, 2014. SECTION 9. CONSTRUCTION CLAUSE. The provisions of this ordinance are to be liberally construed to effectuate the intent, policies, and purposes of this ordinance. SECTION 10. SEVERABILITY. If any provision of this Ordinance is declared illegal, invalid or inoperative, in whole or in part, or as applied to an employer covered by this Chapter, and/or in any particular circumstance, by the final decision of any court of competent jurisdiction, then all portions and applications of this Ordinance not declared illegal, invalid or inoperative, shall remain in full force or effect to the maximum extent permissible under law. SECTION 11. The City Attorney is directed to fully defend against any challenge to this ordinance and/or to its application to any person, property or circumstance. SECTION 12. MISCELLANEOUS. This Ordinance may be known and cited as the "Transportation Innovation Ordinance". SECTION 13. EMERGENCY. This ordinance is necessary for the immediate preservation of the public peace, health, or safety, or support of the City government and its existing public institutions, and takes effect on November 25, 2014. PLEASE RETURN THIS SIGNED PETITION AS SOON AS POSSIBLE TO THE INITIATIVE SPONSOR Initiative Sponsor Information: YES! RIDESHARE SEATTLE Office: 4027 21 st Avenue West Suite 205 Seattle, WA 98199 Contact Phone Numbers: Office: 206-283-0298 Email: contact@yesrideshareseattle.com Fax: 206-283-6300 Website: http://yesrideshareseattle.nationbuilder.com/ |
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