ORDINANCE 59-059

AN ORDINANCE TO AMEND CHAPTER 59 OF THE MOBILE CITY CODE ENTITLED "VEHICLES

FOR HIRE"
Sponsored by: William S. Stimpson and Levon Manzie
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA THAT Chapter 59
of the Mobile City Code, Vehicles for Hire, shall be amended to read as follows:
1. ARTICLE I IN GENERAL.
A. Section 59-2 is amended to add the following new definitions:
1. "Transportation Network Company' or "TNC"shall mean an entity licensed pursuant to Article V of
this Chapter that uses a digital network or software application service to connect passengers to
Transportation Network Company Services provided by Transportation Network Company Drivers.
The vehicles used to provide Transportation Network Company Services are not taxicabs or vehicles
for hire for purposes of this Chapter.
2 "Transportation Network Company (TNC) Driver shall mean an individual who operates a motor
vehicle that is:
(a) Owned, leased or otherwise authorized for use by the individual;
(b) Not classified as a taxicab or vehicle-for-hire under this Chapter;
(c) Used to provide Transportation Network Company Services;
(d) Inspected and insured as required by Article V of this Chapter; and
(e) Capable of carrying no more than six (6) passengers at the same time.
3. "Transportation Network Company (TNC) Services' shall mean transportation of a passenger
between points chosen by the passenger and prearranged with a TNC Driver through the use of a
TNC digital network or software application. TNC Services shall begin when a TNC Driver accepts a
request for transportation received through the TNC's digital network or software application service,
continue while the TNC Driver transports the passenger in the TNC Drivers vehicle, and end when
the passenger exits the TNC Drivers vehicle. TNC Service is not taxicab or vehicles for hire for
purposes of this Chapter.
B. Section 59-2 is amended to revise the first sentence of the definition of "Taxicab" as follows:
"Taxicab shall mean a motor vehicle not operated over a fixed route furnishing transportation for hire
within the City to no more than six (6) passengers at the same time, from points of origin to
destinations as directed by the passengers.
In its entirety, the amended definition of "Taxicab" shall be:
"Taxicab" shall mean a motor vehicle not operated over a fixed route furnishing transportation for hire
within the City to no more than six (6) passengers at the same time, from points of origin to

destinations as directed by the passengers. Provided, however, the classification "taxicab" shall not
apply to any motor vehicle which is:
(1) Classified as a limousine or shuttle vehicle as herein defined.
(2) Used exclusively by or under a written agreement with a hotel, motel, airport, hospital, club or
other such entity for the transportation of its members, guests, patients or clients, provided, that each
vehicle under such agreement will have the same distinctive visible outside painted appearance as
each other vehicle under the agreement to any such hotel, motel, airport, hospital, club or other such
entity.
(3) Operated as bus under a franchise granted by the city.
C. Section 59-8 Rates of fare is amended to add a new paragraph (d) as follows:
(d) The foregoing notwithstanding, no owner or driver of a taxicab shall be in violation of this section
59-8 for charging a fare that is made known to the customer and accepted by the customer before the
customer decides to accept the services offered.
2. ARTICLE III. DRIVER'S LICENSE.
A. Sec. 59-52. Application and release.
Section 59-52 is amended to delete section 59-52 (a)(2), (3), (5), (6); and delete 59- 52(b). The new
section 59-52 shall read in its entirety as follows:
Sec. 59-52. Application and release.
(a) An application and release form for a city driver's license shall be filed with the chief of police on
forms provided by the city. Such form shall be verified under oath subject to the penalty of perjury,
and shall contain the following information:
(1) That the applicant is a citizen of the United States or an alien admitted for permanent residence
who has otherwise been granted employment authorization by the United States Immigration and
Naturalization Service.
(2) That the applicant is nineteen (19) years of age or over.
(3) That the applicant:
a. Does not have a record of more than three (3) moving violations in the prior three year period, or
one major violation in the prior three year period (including, but not limited to, attempting to evade the
police, reckless driving, or driving on a suspended or revoked license);
b. Has not been convicted, within the past seven (7) years, of driving under the influence of drugs or
alcohol, fraud, sexual offenses use of a motor vehicle to commit a felony, a crime involving property
damage, and/or theft, acts of violence, or acts of terror;
c. Is not a match in the National Sex Offender Registry database;
d. Possesses a valid drivers license.

e. Does not have a general reputation for turbulence, violence or instability of character in the
community where he resides;
(b) Each application shall be accompanied by a set of the applicant's fingerprints, which fingerprints
shall be taken by the police department of the city.
(c) Each applicant for a city driver's license shall pay an application fee of twenty-five dollars ($25.00)
to the police department. In the event of the loss of the city drivers license, there shall be a
replacement fee of ten dollars ($10.00). Each holder of a city drivers license who applies to renew his
or her license shall pay a renewal fee of ten dollars ($10.00).
(d) The foregoing notwithstanding, in lieu of complying with the application procedures set out in this
Article III, the driver of a vehicle for hire may comply with the TNC driver requirements in Article V,
Section 9 of this Chapter and present evidence of said compliance to the police department.
B. Sec. 59-53. Examination and state license.
Sec. 59-53 is amended to add a new paragraph (b). The new Section 59-53 shall read in its entirety
as follows:
Before any application for a city driver's license is finally approved by the chief of police, the applicant
shall be required to either:
(a) pass an examination demonstrating his or her knowledge of the city; or
(b) demonstrate access to and familiarity with a mobile geographic positioning System.
C. Sec. 59-54. Investigation of applicant Temporary license.
Sec. 59-54(b) currently provides:
(b) Any applicant for a city drivers license who has, during the seven-year period prior to the
application, been convicted for the violation of a criminal offense or placed on probation or parole,
served time on a sentence for a criminal violation or forfeited a cash bond to appear in court to
answer charges for a criminal offense shall be ineligible for a city driver's license. For purposes of this
paragraph, a "criminal offense" includes all felonies, misdemeanors, or traffic violations of the laws of
the city, state, or any other state or of the United States and further, includes violations of local
alcoholic beverage laws. If at any time during the application process the applicant is charged with
any criminal offense, consideration of the application shall be suspended until entry of a judgment on
or dismissal of the charge.
Sec. 59-54 (b) is amended to read as follows:
(b) (i) Any applicant who has been convicted, within the past seven (7) years of driving under the
influence of drugs or alcohol, fraud, sexual offenses, use of a motor vehicle to commit a felony, a
crime involving property damage, and/or theft, acts of violence or acts of terror shall be ineligible for a
city driver's license.
(ii) Any applicant who is a match on the National Sex Offenser Registry data base shall be ineligible
for a city driver's license.

(iii) Any applicant who has been placed on probation or parole or forfeited a cash bond to appear in
court to answer to one of the offenses listed in subsection (i) may be found ineligible for a city drivers
license.
(iv) Any applicant charged with one of the criminal offenses listed in subsection (i) during the
application process may be found ineligible for a city drivers license until the charges are resolved,
and, upon conviction, shall be ineligible.
D. Sec. 59-58. Renewal,
Section 59-58(b) currently provides:
Each renewal application form shall contain a certificate from a physician of the city licensed by the
state which certificate shall set forth the same information that is required under an application for an
original city driver's license.
Sec. 59-58 is (b) is deleted in its entirety.
Section 59-58 paragraphs (c) and (d) shall be relettered (b) and (c). respectively.
E. Sec. 59-60. Revocation or Suspension.
1. Sec. 59-60(a)(6) currently provides:
"Charging any fare or fees for the use of the vehicle for hire except in accordance with the schedule
of rates fixed by the provisions of this chapter."
Sec. 59-60 (a)(6) shall be amended to read as follows:
(6) Charging a fare that is prohibited under Article I of this Chapter,
Section 59-8.
2. Sec. 59-60(a)(11) currently provides:
"For having two (2) at-fault accidents within a three year period."
Sec. 59-60 (a)(11) shall be amended to read as follows:
(11) For having three (3) at-fault accidents within a three year period.
F. Sec. 59-72. Fare to be Standard.
Sec. 59-72 currently provides:
"No vehicle for hire owner or driver shall demand or suggest that any passenger or prospective
passenger pay a fare in excess of that authorized."
Sec. 59-72 shall be amended to change its title and provisions as follows:

Sec. 59-72. Fare to be Standard or Accepted in Advance of Services.

No vehicle for hire owner or driver shall demand or suggest that any passenger or prospective
passenger pay a fare in excess of that authorized under Section 59-8 of this section or that agreed to
in advance of services by the prospective passenger under section 59-8(d).
G. Sec. 59-75. Number of Passengers.
Sec. 59-75 currently provides:
No vehicle for hire shall permit more persons to be carried in his vehicle than the suggested
manufacturer's seating capacity.
Section 59-75 shall be amended to read as follows:
No vehicle for hire driver shall permit more persons to be carried in his or her vehicle than the
suggested manufacturer's seating capacity, provided however, that no vehicle for hire shall carry
more than six (6) passengers at the same time.
3. A new ARTICLE V is added as follows:
ARTICLE V. Transportation Network Company Services
SECTION 1. Transportation Network Services provide an alternate form of transportation for
residents and visitors to the City. The purpose of this Chapter is to authorize use of the City's rights cf
way by Transportation Network Company drivers in a manner that is safe, convenient and serves the
public welfare.
SECTION 2. TNC PERMIT REQUIRED.
(a) A person shall not operate a TNC in Mobile without first having obtained a permit from the City of
Mobile, however, a person operating a TNC in Mobile as of the effective date of this article may
continue to operate for a period of thirty (30) days following the effective date of this article so as to
permit the person or entity to obtain a permit from the City pursuant to this section.
(b) The permit application shall include a description of an identification card that is at a minimum the
size of a license plate and that identifies the vehicle displaying it as a vehicle providing services on
behalf of the permitted TNC.
(c) Each applicant for a permit to operate a TNC shall comply with the requirements of this Chapter
and pay an annual fee of $5,000.00, due January 1 and last payable without penalty January 31 of
each year.
(d) A TNC permit is a privilege and not a right. A TNC shall be subject to suspension or revocation of
its permit for failing to comply with the requirements of this Article.
SECTION 3. AGENT. The TNC must at all times it operates in the municipal limits of the City or its
police jurisdiction provide the City with current contact information including an agent to accept
service of process in the State of Alabama.

SECTION 4. FARE CHARGED FOR SERVICES. A TNC may charge a fare for the services provided
to customers; provided that, if a fare is charged, the TNC shall disclose to customers the fare
calculation method on its website or within the software application service. The TNC shall provide
customers with the applicable rates being charged and provide customers the option to receive an
estimated fare before the customer decides to accept the services offered.
SECTION 6. IDENTIFICATION OF TNC VEHICLES AND DRIVERS.
(a) The TNC's software application or website shall provide the potential customer a picture of the
TNC Driver, and the license plate number of the motor vehicle utilized for providing the TNC Service
before the customer enters the TNC Driver's vehicle. Customers will not be charged for a TNC
service if the identification required herein is not available before the customer enters the TNC
vehicle.
(b) At all times that a TNC driver is in his or her vehicle and either logged into the TNC service or
providing TNC services, the vehicle he or she is driving shall prominently display the TNC
identification card described in the TNC permit application.
SECTION 6. RECEIPT. Within a reasonable period of time following the completion of a trip, a TNC
shall transmit a receipt to the passenger that lists:
(a) The origin and destination of the trip;
(b) The total time and distance of the trip; and
(c) An itemization of the total fare paid, if any.
SECTION 7. TNC DRIVER INSURANCE REQUIREMENTS.
(a) On or before the effective date of this Ordinance and thereafter, TNCs and TNC Drivers shall
comply with the automobile insurance requirements of this Section 7.
(b) The following automobile insurance requirements shall apply during the time that a TNC Driver is
logged into the TNC's network and available to receive requests for transportation but is not
performing TNC services:
(1) Automobile liability insurance that provides at least the minimum coverage amounts required
under the Motor Vehicle Safety-Responsibility Act, Chapter 7, Title 32, Code of Alabama 1975.
(2) Automobile liability insurance in the amounts required in paragraph (1) Of subsection (b) shall be
maintained by a TNC and provide coverage in the event of participating TNC Driver's own automobile
liability policy excludes coverage according to its policy terms or does not
provide coverage of at least the limits required in paragraph (1) of subsection (b).
(c) The following automobile liability insurance requirements shall apply while a TNC Driver is
providing TNC services:
(1) Automobile liability insurance as required by section 59-4(a)(2). All coverage shall comply with the
requirements of section 59-4(b) through (d).
(2) The coverage requirements of this subsection (b)(1) may be satisfied by any of the following:

(A) Automobile liability insurance maintained by the TNC Driver; or

(B) Automobile liability insurance maintained by the TNC; or
(C) Any combination of subparagraphs (A) and (B).
(d) Each TNC shall carry general liability insurance as required by Section 59-4(a)(1) for claims
against the TNC arising out of its operations.
(e) In every instance where insurance maintained by a TNC Driver to fulfill the insurance
requirements of this Section 7 has lapsed, failed to provide the required coverage, denied a claim for
the required coverage or otherwise ceased to exist, insurance maintained by a TNC shall provide the
coverage required by this section beginning with the first dollar of a claim.
(f) Insurance required by this Section 7 may be placed with an insurer authorized to do business in
the state of Alabama, or with an eligible surplus lines insurer in accordance with Alabama Code
Section 27-10-20.
(g) TNC drivers shall carry proof of the insurance required under section 7(c) at all times that the TNC
driver is in his or her vehicle and either logged into the TNC service or providing TNC services. If the
insurance is maintained by the TNC such proof of the insurance shall, at a minimum, identify the
TNC's insurance company, policy number, effective dates of the policy, and instructions for filing a
claim. Proof of insurance may be displayed electronically through the TNC's digital platform in
accordance with Alabama Code Section 32-7A-6.
SECTION 8. VEHICLE INSPECTION.
The vehicle used by a TNC driver to provide TNC services shall be inspected by a qualified garage or
mechanic licensed to do business in the city or its police jurisdiction, and shah satisfy the
requirements for inspections of vehicles for hire set out in section 59-5 of this Chapter.
SECTION 9. TNC DRIVER REQUIREMENTS.
(a) Prior to permitting an individual to act as a TNC Driver on its digital platform, the TNC shall:
(1) Require the individual to submit an application to the TNC, which includes information regarding
his or her address, age, driver's license, driving history, motor vehicle registration, automobile liability
insurance, and other information required by the TNC;
(2) Conduct, or have a third party conduct, a local and national criminal background check for each
applicant that shall include:
a. Multi-State/Multi-Jurisdiction Criminal Records Locator or other similar commercial nationwide
database with validation (primary source search): and
b. National Sex Offender Registry database.
(b) The TNC shall not permit an individual to act as a TNC Driver on its digital platform who:

(1) Has had more than three moving violations in the prior three-year period, or one major violation in
the prior three-year period (including, but not limited to, attempting to evade the police, reckless
driving, or driving on a suspended or revoked license);
(2) Has been convicted, within the past seven years, of driving under the influence of drugs or
alcohol, fraud, sexual offenses, use of a motor vehicle to commit a felony, a crime involving property
damage, and/or theft, acts of violence, or acts of terror;
(3) Is a match in the National Sex Offender Registry database;
(4) Does not possess a valid drivers license;
(5) Does not possess proof of registration for the motor vehicle(s) used to
provide TNC Services;
(6) Does not possess proof of automobile liability insurance for the motor
vehicle(s) used to provide TNS Services; or
(7) Is not at least nineteen (19) years of age.
SECTION 10. NO STREET HAILS. A TNC Driver shall exclusively accept rides booked through a
TNC's digital network or software application service and shall not solicit or accept street hails.
SECTION 11. NO DISCRIMINATION; ACCESSIBILITY.
(a) The TNC shall adopt a policy of non-discrimination on the basis of destination, race, color,
national origin, religious belief or affiliation, sex, disability, age with respect to passengers and
potential passengers and notify TNC Drivers of such policy.
(b) TNC Drivers shall comply with all applicable laws regarding nondiscrimination against passengers
or potential passengers on the basis of destination, race, color, national origin, religious belief or
affiliation, sex, disability, age, sexual orientation.
(c) TNC Drivers shall comply with all applicable laws relating to accommodation of service animals.
(d) A TNC shall not impose additional charges for providing services to persons with physical
disabilities because of those disabilities.
(e) A TNC shall provide passengers an opportunity to indicate whether they require a wheelchairaccessible vehicle. If a TNC cannot arrange wheelchair accessible TNC Service in any instance, it
shall direct the passenger to an alternate provider of wheelchair-accessible service, if available.
SECTION 12. RECORDS. A TNC shall maintain:
(a) Individual trip records for at least two (2) years from the date each trip was provided;
(b) TNC Driver records at least until the two year anniversary of the date on which a TNC Driver's
activation on the TNC digital network has ended; and
(c) When requested, and no more frequently than on a quarterly basis, the TNC shall allow the City to
visually inspect or audit the records of the TNC for purposes of verifying that the TNC is in

compliance with the requirements of this Chapter including, but not limited to, vehicle inspections,
proper completion of criminal background checks, and proper insurance. The audit shah take place at
a mutually agreed locale in the City of Mobile. The City does not assume any responsibility for the
operations of the TNC, its drivers or any actions or omissions arising in connection with its activities,
which, at all times, shall remain the responsibility of the TNC.
4. REPEALER. All City Code sections and ordinances or parts of City Code sections and ordinances
in conflict are hereby repealed.
5. EFFECTIVE DATE. This Ordinance shall become effective upon its adoption and publication as
required by law.
Adopted: July 14, 2015
Lisa C. Lambert, City Clerk