Section 387.440

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS

Chapter 387

Effective - 28 Aug 2017   

  387.440.  Inspection of TNC for compliance, Kansas City and St. Louis regional taxicab commission, costs — confidentiality of records — fines. — 1.  For the sole purpose of verifying that a TNC is in compliance with the requirements of sections 387.400 to 387.440, and no more than twice per calendar year, any home rule city with more than four hundred thousand inhabitants and located in more than one county, and the regional taxicab commission established pursuant to section 67.1804, shall have the right to inspect a sample of up to ten records that the TNC is required to maintain.  The sample shall be chosen from an anonymous list provided by the TNC to an appropriately designated municipal official or to the executive director of the regional taxicab commission, as applicable, and in a manner agreeable to both parties.  After selecting the sample of ten unique records from the anonymous list, the TNC shall provide sufficient identifying account details so that the municipal official or executive director can conduct an audit to determine the TNC's compliance with existing regulations.  The audit shall take place at a mutually agreed location in Missouri.

  2.  Any home rule city with more than four hundred thousand inhabitants and located in more than one county, and the regional taxicab commission, may charge each TNC up to five thousand dollars per year to cover the costs incurred for the review of the records.  The amount collected shall not exceed the costs of compliance.

  3.  In response to a specific complaint alleging criminal allegations against any TNC driver or TNC, any home rule city with more than four hundred thousand inhabitants and located in more than one county, and the regional taxicab commission, is authorized to inspect records held by the TNC that are necessary to investigate and resolve the specific complaint.  The TNC and the investigative agency shall endeavor to have the inspection take place at a mutually agreed location in Missouri.  Any records furnished may exclude information that would identify specific drivers or riders, unless the identity of a driver or rider is relevant to the complaint.

  4.  Any records inspected under this section are designated confidential, are not subject to disclosure to a third party without prior written consent of the TNC, and are exempt from disclosure under chapter 610.  Nothing in this section shall be construed as limiting the applicability of any other exemptions under chapter 610.

  5.  Any home rule city with more than four hundred thousand inhabitants and located in more than one county, and the regional taxicab commission, may fine a TNC up to five hundred dollars per violation discovered during this audit for failure to comply with the applicable provisions of sections 387.400 to 387.440.  Each TNC shall remit payment of any fine to the department, which shall also have jurisdiction over appeals of such fines.  Nothing in this provision shall limit the rights of TNCs to seek redress in a court of law.

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(L. 2017 H.B. 130)