T&E Items 1,2 & 3
February 9,2015
Worksession
MEMORANDUM
Committee members should bring the packet and addendum from the January 26
worksession.
TO:
Transportation, Infrastructure, Energy and Environment Committee
FROM:
Josh
Hamlin,
Legislative AttomefJ.J1;
SUBJECT:
Worksession:
Expedited Bill 53-14, Taxicabs - Licenses - Vehicle Requirements
- Driver Identification Cards; Bill 54-14, Taxicabs - Transportation Network Service
Requirements; and Bill 55-14, Taxicabs - Centralized Electronic Dispatch System.
Expedited Bill 53-14, Taxicabs - Licenses - Vehicle Requirements
Driver
Identification Cards sponsored by Council members Floreen, Berliner, Riemer, and then Council
President Rice;
Bill
54-14, Taxicabs - Transportation Network Service - Requirements,
sponsored by Councilmembers Berliner and Floreen; and Bill 55-14, Taxicabs - Centralized
Electronic Dispatch System, sponsored by Councilmember Riemer, were introduced on October
28, 2014. A public hearing on all three Bills was held on December 2, 2014.
Expedited
Bill
53-14
would:
permit the holder of a fleet Passenger Vehicle License to grant a sublicense to another
person;
increase the age limits for vehicles used as taxicabs;
amend certain requirements for color and markings of vehicles used as taxicabs;
allow software-based meters to be used in taxicabs; and
amend certain requirements for temporary identification cards for taxicab drivers.
BiIl54-14
would:
require a transportation network application company to obtain a license to operate in the
County;
require a transportation network application company and transportation network
operator to meet certain registration requirements;
require a vehicle used to provide transportation network service to meet certain standards;
require a transportation network application company and transportation network
operator to be
insur~d;
and
require a transportation network application company and transportation network
operator to meet certain accessibility standards.
Bill
~5-14
would require the County Department of Transportation (DOT) to implement a
centralized electronic taxicab dispatch system, and permit the Director to require certain taxicab
operators to participate in the centralized electronic taxicab dispatch system.
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December 2, 2014 Public Hearing
The T&E Committee held a public hearing on all three Bills on December 2,2014. There
were 30 speakers at the hearing, representing a wide range of perspectives on the issues covered
in the Bills. Public hearing testimony is summarized and included in the packet for the January
26 worksession.
January 26, 2015 T&E Worksession
The Committee held its first worksession on the Bills on January 26, 2015. The packet
for that worksession raised a number of issues of common concern to the owners and operators
of "traditional" regulated taxicabs and the TNCs and drivers that Bill 54-14 would regulate.
These issues also encompass many of the amendments to existing law regulating taxicabs that
are proposed
in
Expedited Bill 53-14. The Committee discussed the issues of insurance,
fares/ratesetting, driver background checks, and began discussion of the question of licensing
both TNCs and TNC drivers.
Issues for Committee Discussion in this Worksession
The Committee began, but did not complete, its consideration of the licensing issue, and
has yet to discuss the issues related to vehicle standards, accessibility, data and trip records, and
customer service. This worksession will focus on licensing, vehicle standards, data and trip
records, and customer service, as well as proposed changes to Chapter 53 received from the
Coalition for a Competitive Taxicab Industry ("CCTI") after the introduction of the Bills. The
issue of accessibility of TNCs and taxicabs, the centralized digital dispatch that is the subject of
Bill 55-14, and concerns raised by a number of taxicab drivers through the Montgomery County
Professional Drivers Union ("MCPDU") about their relationships with taxicab companies will be
discussed at the next worksession, to be scheduled.
Circle numbers referenced up to 230 are in the January 26 packet, and circle numbers 231-258
are in the January 26 addendum.
Licensing
Should TNOs be licensed at the County level?
If
so, should the number oflicensed TNOs
be limited, or should the number ofTNOs logged on to a TNC's digital dispatch be limited?
Bil154-14 would require a TNC to obtain a license to operate in the County. To obtain a
license, a TNC would have to supply proof that it: 1) is licensed to do business in the State; 2)
has a resident agent in the County; 3) maintains a website containing certain information; and 4)
has the required insurance coverage. See lines 68-84 at ©19-20 of Bill 54-14. TNOs would not
be licensed separately at the County level under Bill 54-14, but would have to register with the
TNC after undergoing a background check as described above. The TNC would be required to
maintain and supply to the Department a current registry of TNOs and vehicles registered with
the TNC. See lines 90-91 at ©20 of Bill 54-14.
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The licensing scheme for taxicabs under Chapter 53 is essentially a two-tiered system, as
discussed on page 3, above. Taxicab vehicles are licensed through the issuance ofPVLs, and the
driver identification card system is a de facto licensing of drivers.
Expedited Bill 53-14 would alter the existing law related
to
taxicab licensing in two key
ways. The Bill would amend the existing law to allow a fleet PVL holder to grant a sublicense to
a vehicle owner to provide taxicab service under the license. See lines 7-33 at ©2-3. This
amendment is an effort to expand the pool of available taxicab drivers. Current law requires that
a license be issued only to the owner of each taxicab. Staff recommends discussing this issue at
the next worksession, where driver issues, including existing vehicle leasing agreements, will be
discussed. Expedited Bill 53-14 would also adjust some of the requirements for obtaining a
temporary driver identification card in an effort to shorten the time required to get qualified
taxicab drivers on the road. See lines 105-180 at ©5-8.
• Uber:
Uber requests deletion of the requirement to "provide to the Department" a current
registry of TNOs and vehicles registered with the TNC. Uber asserts that this is
confidential business information, and its disclosure would put the company at a
competitive disadvantage. However, lack of this information would severely impair
enforcement, as the Department would have no way of knowing how many TNOs and
TNC vehicles are on the road, and would not have an effective way to determine if any
.
given TN
0
or vehicle is registered as required under the law.
• Lyft:
Lyft also requests an amendment to delete Bill 54-14's requirement that the
company provide a TNO and vehicle registry to the Department, for the reasons offered
by Uber. As an alternative, Lyft has submitted alternative language which would:
(1)
require a TNC to provide within 72 hours, upon request, to the police chief or designee
"information relevant to" a "formal, non-criminal complaint" regarding a TNO or
vehicle; (2) permit the Department to conduct an annual audit of a TNC's background
check processes; and (3) require the County to take certain steps when responding to
public records requests for records obtained from a TNC, including giving the TNC
notice of the request prior to releasing any records. See ©175.
• CCTI:
CCTI proposes to retain the TNC licensing provisions, but also to license TNOs
individually (using the term "TNC License"), and provides for an initial issuance of 100
TNC Licenses in 2015, with provisions for additional issuances in future years. As an
alternative to this cap on the number of TNC Licenses, CCTI has developed a
technological means
to
limit the number of TNOs operating on a TNC app to 100 at any
given time. See ©176-177. CCTI also proposes to require TNC vehicles have a "Class
B" registration with the State Motor Vehicle Administration (MVA), and to subject
TNOs to the same Driver Identification Card requirements as taxicab drivers.
Three key sub-issues make up the licensing question for Committee consideration:
potential County licensing of TNOs; a potential cap on the number of such licenses; and the
registration ofTNC vehicles as "Class B" with the MVA.
County licensing of TNOs as taxicab drivers.
State law requires all operators of motor
vehicles for hire to have a for-hire driver's license issued by the PSC, unless the operator is
licensed by a county or municipal corporation as a taxicab driver, after the conduct of criminal
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record and driving record checks by the county or municipal corporation. See
§
10-103 of Public
Utilities Article of the Maryland Code. In light of this provision, it would appear that all mc
drivers would need a PSC-issued license unless the County licenses the drivers as taxicab
drivers. Such a license would require the County to conduct the background checks of the
drivers.
Limit on the number ofCounty licenses.
As mentioned above, CCTI has requested a limit
on the number of licenses issued to mos in 2015 to 100, or in the alternative, a system setting
up a virtual queue under which no more than 100
mos
could be on the road at any given time.
In considering this sub-issue, the Committee should look to the different business models of
mcs and taxicabs. Council staff is not aware of any jurisdiction regulating
mcs
that has
placed a cap on the number permitted to operate. As discussed on page 7, Seattle passed a law
that included a cap, but repealed it and replaced it with a law that did not include a limit on TNC
vehicles.
"Class B" registration.
The "Class B" registration in Maryland is the State's taxicab and
sedan registration. A key feature of this registration is that issuance requires an inspection by the
appropriate regulatory body (in this case, the County as taxicab regulatorV
Bill
54-14 does not
require this registration for TNC vehicles, while CCTI requests that it
be
a requirement. The fact
that
mc
vehicles are typically private vehicles, often used as for-hire 'vehicles on a part-time
basis warrants consideration in determining. whether to require "Class B" registration.
Vehicle
Standards
Should TNC vehicles and taxicab vehicles be subject to different appearance and
maintenance standards?
Under
Bill
54-14's provisions, vehicles used
to
provide transportation network service
would be subject to age limits and initial and annual safety inspection requirements. Each
vehicle must have a manufacturer's rated seating capacity of 8 persons or fewer, have at least 4
doors and meet all applicable federal motor vehicle safety standards for vehicles of its size, type,
and proposed use; and be no more than 10 model years old at entry into service and no more than
12 model years old while
in
service. See lines 210-217 at ©24-25 of Bill 54-14. Additionally, a
TNC must certify that each vehicle have an annual state-required safety inspection;' or an initial
safety inspection within 90 days before entering service by a licensed mechanic in an inspection
station authorized by the State of Maryland, the District of Columbia, or the Commonwealth of
Virginia to perfonn vehicle safety inspections, and must annually verify the safety inspection
status of each vehicle after the initial verification is conducted. See lines 102-110 at©20-21 of
Bill
54-14.
Under the prOVISIons of Chapter 53, taxicab vehicles are subject to a number of
requirements. Prior to obtaining a PVL, an applicant must provide a mechanical inspection
certificate from a state-certified inspection station that shows that the vehicle is mechanically
safe. MCC
§
53-224. Each taxicab must be registered as a "Class B" for-hire vehicle with the
Maryland Motor Vehicle Administration. MCC
§
53-226. Taxicabs are subject to a "continuous
operation" requirement, and PVLs for inactive taxicabs may be revoked for lack of use. MCC
§§
http://www.mva.maryland.gov!about-mva!info/27300!27300-26T.htm#Taxi
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53-227, 53-228. A taxicab must not be more than four model years old when placed in service,
and must not be more than seven model years old when used to provide taxicab service in the
County. MCC §§ 53-228, 53-229. A licensee must maintain the vehicle in generally clean and
safe operating condition. MCC § 53-230. Specific lettering, marking, and vehicle number
display requirements apply to taxicabs, as does a uniform fleet color requirement. MCC §§ 53­
231 through 233. Taxicabs must have "an accurate, properly installed and connected taximeter
which has a security seal affixed by the Department." MCC § 53-235. Each taxicab must
undergo an inspection of its mechanical condition every six months at a time and place
designated by the Department, and each licensee must permit reasonable inspections by the
Director. MCC
§
53-236.
Expedited Bill 53-14 would make a number of changes to the vehicle requirements
applicable to taxicabs.
It
would change the age limitations on taxicabs by one year, to no more
than five model years when placed in service, and no more than eight model years when in
service. See lines 36-47 at ©3.
It
would also make the numbering, lettering, and color
requirements less restrictive. See lines 49-90 at ©3-5. Finally, it would allow taxicabs, as an
alternative to the current "hard" meter requirement, to be equipped with "a reliable,
independently verifiable software-based metering system, approved by the Department." See
lines 91-103 at ©5. All of these changes are intended to allow currently licensed taxicabs to
operate and deliver services in a manner similar to mc vehicles.
• Uber: No substantive issues with the provisions of Bill 54-14.
• Lyft: No substantive issues with the provisions of Bill 54-14.
• CCTI:
The CCTI proposal adopts the increase of age limits for taxicabs by one year,
and proposes to limit the age of mc vehicles to 10 years. The proposal also would
require identical mechanical and maintenance standards to mc vehicles and taxicabs.
There does not appear to be any dispute as to whether mc vehicles should be required to
have the lettering, numbering, and marking requirements applied to taxicabs. In fact, CCTI is
seeking the relaxation of some of these requirements as applied to taxicabs. With regard to
vehicle inspection and maintenance standards, there is some divergence in the positions of the
mcs and CCTL As with driver background checks, it is difficult to find a clear distinction in
the need or justification for different inspection, maintenance, and age standards for mc
vehicles versus taxicabs. Two characteristics of the mc model may provide justification for
different standards: (1) the fact that mc vehicles are personal vehicles often used part-time to
provide for-hire driving services may support a different age limit for the vehicles; and (2) the
rating systems used by TNCs such as Uber and Lyft, that perform a sort of self-regulation that is
not present in the taxicab model, may obviate the need for identical inspection standards.
Data/Trip Records
Should TNCs and taxicabs be subject to different data reporting requirements?
Bill 54-14 would require mcs to provide certain information about drivers, trips, and
vehicles to the Department. As mentioned previously, a mc must maintain and provide a
current registry of each mo and vehicle registered with the mc. Also, a mc must maintain
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any records required by the Department to enforce this Section, and as required by the
Department or regulation, the TNC must transmit aggregate trip data collected by a digital
dispatch or taxicab meter system to the Department for all trips. See lines 155-160 at ©22-23 of
Bill 54-14.
As noted on page 3 of the packet for the January 26 worksession, taxicabs are required to
compile and submit to the Department annually certain trip data. The data required is related to
the number of trips, the number of vehicles, and revenue.
• Uber:
Uber requests deletion of language allowing requirement by the Department or
regulation to transmit aggregate trip data. Uber claims this data is proprietary, and that is
concerned about protecting its passengers' privacy.
• Lyft:
Lyft also objects to the required transmittal of trip data for essentially the same
reasons stated by Uber.
• CCTI:
CCTI requests eliminating requirement that licensees submit quarterly accident
reports (MCC § 53-218), and the requirement for taxi drivers to keep paper trip records
(MCC
§
53-315), calling the requirement unnecessary with the computerized data kept by
the fleets.
As
an alternative, CCTI proposes to codify, generally, the reporting
requirement applicable to taxicabs by regulation, and also apply it to TNCs. Specifically,
the CCTI proposal would require an annual report containing the following information:
o Total number of trips requested;
o Total number of trips serviced;
o Total paid miles driven;
o Total revenue from trips originating or terminating in the County;
o Total revenue derived from Surge Pricing; and
o Average number of vehicles providing Taxicab Service by month
It
has been widely observed that the information compiled by TNCs could be of great
value to governments in improving vehicle-for-hire service and transportation planning generally
(©182-186). However, TNCs have been traditionally resistant to turning over trip data to
regulating governments. However, recently Uber has begun sharing anonymized data
concerning trips using the service (©187-188). In Boston, Uber will provide quarterly reports
with trip logs showing the date and time each ride began and ended, the distance traveled and the
zip codes where people were picked up and dropped off. By removing customer-identifying
information, the TNCs can protect their customers' privacy, while still providing valuable
information to the County. The Committee may wish to consider imposing anonymized trip data
reporting requirements on TN Cs similar to the reports Uber will be submitting in Boston.
With regard to CCTI's requested deletions of accident reporting and trip record-keeping
requirements, it is hard to understand the public benefit of the requests. While the keeping of
written records by drivers may be unnecessary based on the record-keeping practices of fleets,
the requirement that trip records be kept, by the driver or by the fleet, in written or electronic
form, should be retained.
Customer Service
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Bill 54-14 does not impose specific customer service standards on TNCs. The rating
systems utilized by TNCs function as a sort of self-regulation in that area.
2
The effectiveness of
the ratings system is evidenced by the high levels of satisfaction expressed by TNC users.3
Existing TNCs are known to
be
protective of their brand, with stories of drivers being
deactivated because of low ratings.
4
In order to ensure that customer complaints are addressed in
a timely manner, the Committee may wish to consider requiring a TNC to have a local office
with customer service agents available by telephone or in person.
In contrast, Chapter 53 requires customer service standards for taxicabs to be set by
Executive regulation. MCC
§
53-110 (©189-190). Since this requirement was enacted in 2004,
these regulations have not been approved. In addition, MCC
§
53-222 requires each fleet and
association to submit to the Director a Customer Service Plan
• Uber: No substantive issues with the provisions of Bill 54-14.
• Lyft:
No substantive issues with the provisions of Bill 54-14.
• CCTI: CCTI proposes to eliminate the customer service requirements and customer
service plan sections in their entirety.
By most accounts, TNCs have been successful in the marketplace in large part because
they deliver a superior customer experience. The Committee may wish to consider whether
additional customer service safeguards are necessary, or whether it is necessary to legislatively
require a rating system or other sort of self-regulating mechanism.
It
is possible to conceive of a
circumstance where TNCs are the dominant mode of for-hire transportation, and the competitive
need to maintain high customer service standards wanes.
With regard to CCTI's requested deletion of the existing, though unimplemented,
customer .service requirements, the Committee may consider general satisfaction or
dissatisfaction with taxicab service in the County. The deletion of the customer service plan
requirement should be considered similarly. If existing customer service is acceptable and has
reached and attained that level in the absence of the regulations, then perhaps the requirement is
not necessary.
CCTI Requested Changes to Chapter 53
After the introduction of the Bills, CCTI submitted a proposed comprehensive revision of
Chapter 53 (the "CCTI Draft"). For a summary of the changes, see ©259-262; the CCTI Draft is
at ©263-303. The CCTI draft embodies the changes proposed in Expedited Bill 53-14 and Bill
55-14, CCTI's proposals for regulation of TNCs as described in the packet for the January 26
worksession and above, and a few other changes not proposed in any of the Bills. CCTI
proposals not already discussed, or slated for discussion at the next worksession, include
description of Lyft's rating system can be accessed at https:Uwww.lyft.com/heJp/articie/1453135. A brief
discussion of Uber's rating system is at http:Ublog.uber.com/feedback
3
There is significant dissatisfaction expressed about surge pricing, which has been addressed earlier in this
memorandum. The focus of this part of the discussion is customer satisfaction with the driver and vehicle.
4
See the testimony of Hall/Cory" Oruskin at the public hearing on the Bills at ©96-97.
2
A
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amendments pertaining to enforcement, the transfer of PVLs, the requirement that taxicabs be
kept in continuous operation, and the requirement that drivers be subject to an examination to
demonstrate fitness to be a taxicab driver as a condition of the issuance of a driver identification
card.
Enforcement
CCTI proposes to add the impoundment of vehicles to the penalties for violations of the
Chapter. Currently, MCC
§
53-603 provides that violations are Class A violations, subject to a
maximum fine of $1,000, and authorizes the Executive to establish by regulation a schedule of
fines for violations. The adopted schedule of fines is in COMCOR 53.603.01 ©304-310. The
impoundment provision proposed in the CCTI Draft would allow impoundment of both taxicabs
and TNC vehicles being operated in violation of the law.
Impoundment is not an uncommon penalty for violation of taxicab laws. The District of
Columbia routinely impounds taxicabs operating in violation of the District taxicab law. On the
other hand, Prince George's County does not. In deciding whether to add impoundment as a
penalty, in addition to the fines currently provided for under the law, the Committee should
consider the scope of the problem and the likelihood of adding the ability to impound violators'
vehicles to solve it.
Taking the second consideration first, in order for impoundment to positively impact the
ability of the County to stop violations of Chapter 53, there must be dedicated resources to take
advantage of this tool. There are currently two County taxicab inspectors, and they are currently
responsible for cosmetic inspections of taxicabs, as well as meter inspections. Impounding
vehicles would almost certainly demand more of their time than writing citations, and would also
require the transport of vehicles to an impound lot. Regarding the scope of the problem, it would
be appropriate to inquire of the Department as to the number of violations cited. The Committee
should also keep in mind that the impact of impoundment will fall largely on drivers - taxicab
companies will still presumably be entitled to lease payments from the drivers, but as long as the
cars are impounded, the drivers will not be able to earn money to pay the leases. Also depending
on the number and length of time the vehicles are impounded, the impoundment of County­
licensed taxicabs could have the effect of taking them out of service for extended periods of time
(see the discussion of the continuous use requirement, below).
Transfer of PVLs
Under current law, all transfers of PVLs must be approved by the Director of DOT, and
the law prohibits the Director from approving a transfer of any license if the transferee already
holds, or would then hold, more than 40% of the total number of licenses then in effect.
It
also
prohibits the approval of the transfer of a license to an individual of a license issued to a fleet if:
(1)
the same fleet has already transferred more than 2 licenses to individuals during that calendar
year; or (2) the transfer woUld result in individuals holding more than 30% of the total number of
licenses then in effect. Finally, the law generally prohibits the approval ofa transfer of a license
if the license was issued or transferred within the previous 3 years.
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The CCTI Draft includes amendments to MCC § 53-204 that would remove the above­
described restrictions on the transfer of PVLs. Transfers would still be subject to the approval of
the Director under the process set forth in MCC § 53-204(b) as follows:
(b)
A license may be transferred only if:
(1) the licensee notifies the Department in writing of the proposed
transfer not less
than
30 days before the date of the proposed
transfer, specifying all terms and conditions of the proposed
transfer and the identity of the proposed transferee;
(2) the Director finds that the proposed transferee meets all
requirements of this Chapter and applicable regulations; and
(3) the licensee surrenders the license when the Director approves the
transfer.
How is the removal ofrestrictions on the transferability ofPVLs in the public interest?
The restrictions on the transfer ofPVLs from fleets to individuals - no more
than
two per
year, and no more than 30% of the licenses in effect to be held by individuals - are based on the
two-fold rationale of preventing fleets from taking windfall profits based on the market prices of
the licenses and limiting the fragmentation of the taxicab industry. The market forces in 2004,
when these provisions were enacted, clearly differ from those today. Certainly, the market value
of PVLs has diminished with the entry of mcs into the marketplace, and the increasing number
on individualmC drivers may render the attempt
to
prevent the fragmentation of the industry an
academic exercise.
It
should also be noted that the advocacy group representing at least some
taxicab drivers when Chapter 53 was last comprehensively amended in 2004
5
did not support a
limitation on the percentage of individual ownership of licenses. This group actually advocated
for much greater individual ownership, while retaining an affiliation requirement.
The current law's restriction on a transferee holding more than 40% of the licenses in
effect is a clear attempt to prevent a consolidation in the industry, leading to diminished
competition and presumably less incentive to deliver quality service. Again, with the entry of
mcs to the for-hire transportation market, competition for a large, and likely growing,
percentage of the rides
6
is essentially guaranteed, regardless of any consolidation of existing
licenses. That said, if the Committee believes that it remains important to prevent consolidation,
this restriction could be retained while the other restrictions are removed.
In considering this issue, the Committee should consider the impact of a centralized
electronic dispatch as proposed in Bill 55-14 on the necessity to retain a fleet-based inventory of
taxicabs, and may also want to inquire of the drivers as to whether they support removing the
restrictions of transferability of PVLs. This issue could be further explored at the next
worksession where those matters will be the primary subjects of discussion.
Continuous Operation
5
The group in 2004 was called Cabdrivers Allied for Better Service (CABS).
6
TNCs do not compete with traditional taxicabs for street hails, or rides booked by telephone, but the number of
rides booked by app-based dispatch is growing and, for a variety of reasons, will almost certainly continue to grow.
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MCC
§
53-227 requires that taxicabs must be kept in service continuously, as follows:
(a)
Each licensee must notify the Department in writing at any time that:
(l)
a taxicab will be or has been out of service for more than 30 days,
or
(2) an average of more than 15% of the taxicab whose licenses are
held by that licensee have been inactive during the previous
calendar month.
Each notice must:
(l)
explain the reasons for each period of inactivity; and
(2) show why the Director should not revoke the license of each
inactive taxicab for lack of use.
(b)
Further, MCC
§
53-228(f) requires the following:
Each licensee must receive the Department's approval before taking a taxicab out
of service for a period longer than 30 days. The licensee must explain why the
taxicab is out of service and list its license number, assigned vehicle number, and
registration numbers. If the Department finds that the licensee has good cause, as
defined by applicable regulations, to take the taxicab out of service, the
Department may approve that action. If the Department rejects the application,
the licensee must promptly reinstate the taxicab in service.
CCTI proposes the deletion of MCC
§
53-227 in its entirety and the deletion of MCC
§
53-228(f).
How is the deletion ofthe continuous operation requirement in the public interest?
The number ofPVLs issued is intended to ensure that the number of taxicabs in operation
is adequate to meet the public need for taxicab services. One of the criteria for the issuance of
new licenses under MCC
§
53-205 is that the issuance must "be based on public convenience and
necessity, such as the need for more taxicab services in the County generally or in certain
geographic areas of the County, or for certain types of passengers, as shown by such
measurements as taxi utilization rates and response times ..." Presumably, that number is based
on the licenses taxicabs being in continuous operation.
To allow a licensee to hold a license for an out-of-service vehicle for an extended period
would seem to compromise that intent to meet public need. Alternatively, it may be that since
the entry of TNCs into the for-hire transportation market, the number of issued licenses exceed
the public's need. However, if that is the case, the County under current law could revoke for
lack of use and essentially "retire" the unneeded license.
It
is not clear to
staff
how the riding
public would benefit in any way from the deletion ofthe continuous use requirement.
Driver Examination
Current law requires applicants for a driver identification card to pass an examination
measuring certain skills necessary to provide high quality taxi service. MCC
§
53-308 imposes
the following requirement:
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Before issuing an identification
card~
the Director must require the applicant to
show that the applicant is able to:
(a) perform the duties and responsibilities of a taxicab driver; and
(b)
pass an examination on knowledge of traffic
laws~
duties under this
Chapter~
and general qualifications to operate a taxicab in the
County.
CCTI proposes the deletion of Section 53-308 in its entirety.
How is the deletion ofthe driver examination in the public interest?
The driver exam assesses an applicant's qualifications to drive a taxicab in the County,
and specifically tests knowledge of traffic laws, map-reading, customer service skills such as
knowledge of County geography and making change, and knowledge of Chapter 53. In the last
decade, taxicabs have become increasingly GPS-enabled, and it is likely that there has been an
increase in the number of fares paid by credit card. Map-reading, County geography, and
change-making skills are probably less critical to providing a high level of service than they used
to be. Knowledge of traffic laws and Chapter 53 have not changed in importance. If the
Committee believes that it is necessary to retain some form of driver examination,
it
may wish to
consider streamlining
it
to include only the most important skills. The Committee should also
keep in mind that, should it require licensing of TNC drivers, it would face the question of
whether they would also be subject to the examination requirement.
This packet contains:
CCTI synopsis of proposed changes to Chapter 53
CCTI Draft
COMCOR 53.603.01
F:\LAW\BILLS\1454 Taxicabs - Transportation Network Service\T&E Memo 02.09.l5.Doc
Circle
#
259
263
304
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SYNOPSIS OF CHAPTER 53 REVISIONS OFFERED BY CCTI
In response to the three bills recently introduced by the Montgomery County Council,
CCTI, the County taxi trade group, proposes a fully integrated rewrite of Chapter 53 of the
Montgomery County Code. The recent developments in technology, coupled with the entry of
new transportation providers that employ this technology, have challenged traditional for-hire
transportation providers as well as regulators. Many of these innovations are a boon to the riding
public, however, some of the new entrants have benefited from their avoidance of existing
regulatory controls, creating a volatile and potentially dangerous marketplace.
In recognition of these challenges, CCTI offers a new vision of the local for-hire ground
transportation market. This version of Chapter 53 attempts to simultaneously address the
following issues and concerns:
• permit the entry of Transportation Network Companies ("TNCs") into the
Montgomery County taxi market
• create a licensing and regulatory framework for all providers that will permit
more choice for passengers while maintaining a high level ofpublic safety and
transparency
• create a fair regulatory scheme that will treat new entrants and existing providers
fairly
• create better economic opportunities for drivers
• insure that the transportation needs of the economically and physically
disadvantaged will continue to be met and improved
• remove archaic and unnecessary regulations that have stifled innovation
• provide regulators and law enforcement with clearer guidance and more effective
enforcement tools
Below is a brief synopsis of the changes being offered by CCTI:
1.
Liability Insurance (53-223). CCTI proposes that all for-hire transportation
providers should be treated equally and that the liability limits for such businesses be
maintained at either the levels required by the Maryland Public Service Commission
(5011 00/25)
or the highest regional limits as required by Montgomery County
(100/300/25).
CCTI also continues to support the requirement that all providers
either carry commercial auto liability insurance through an insurance carrier
registered to do business in the state or be an approved self-insurer with the
Maryland Motor Vehicle Administration. CCTI believes that the hybrid method of
insurance for TNC's is confusing to the general public and potentially deceptive.
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2. Fares and Rate Setting (53-106). One of the innovations of the new TNCs is the
use of "surge" or "dynamic" pricing, a fare setting procedure that allows for rapid
adaptation to existing market forces. CCIl embraces this innovation, but believes
there should be limits in order to avoid price gouging and customer confusion. For
passengers that do not book rides through a Digital Dispatch system or telephone
application, the fares shall continue to be set by the Director based upon time and
distance. All such fares shall be tracked by a meter, which may include a
programmable "soft meter." (53-232). Taxi fleets and TNCs may seftheir own fares,
if trips are booked through a Digital Dispatch system or telephone application so
long as the passenger, prior to accepting the ride, is advised of: the fare calculation
method, the rate being charged, an estimated fare and whether any surge pricing
escalator is being used. CCIl advocates that all surge multipliers be pre-approved
by the Director who shall determine whether the surge pricing's purpose is to address
levels of service rather than to penalize the public through exorbitant fares.
3. Driver Background Checks (53-306). CCIl continues to advocate for all drivers to
clear a criminal background check through the CJIS fingerprint system which has
been proven to be an effective, efficient and inexpensive system that is used state­
wide.
4. Licensing ofTNCs and TNC Operators (53-210, 53-212). TNC Operators and
their vehicles must be licensed by Montgomery County. This could be one license
that encompasses both the operator and the vehicle. Each TNC Operator must
affiliate with a county registered TNC. CCIl also recommends a cap on the total
number of vehicles providing taxicab service, with an initial offering of 100 new
licenses in 2015. Alternatively, TNCs could have a greater number of vehicles
licensed provided they agree to implement a queueing system that would limit the
number of vehicles operating in the county to the same limit of 100. CCIl proposes
that all TNes that wish to provide taxicab service in Montgomery County be
registered. (53-212). Registration would require the TNC to provide basic contact
information
to
the County, as well as proof that customers are being provided
information concerning customer service complaints and related matters. TNCs
would also be required to provide the County with a listing of operators and
vehicles. TNC Operators should be licensed in the same manner as taxi operators.
(53-210).
5. Vehicle Standards. CCTI proposes that all TNC Operators have their vehicles
registered with "Class B" tags. CCIl continues to advocate for a relaxation of the
vehicle marking requirements for taxis (53-228 and 229), however, TNCs need not
have any identifying marking except a licensing decal or other identifier. (53-202).
All for hire transportation vehicles should have a mechanical and cosmetic
inspections one time per year (53-222), especially as private vehicles in the state are
not required to have periodic mechanical or cosmetic inspections. All TNC and taxi
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vehicles should continue to be required to have Maryland Class "B" tags. (53-224).
CCTI supports the change to allow taxis to be up
to
eight model years old, rather
than the current 7, and agrees that TNC vehicles should not be more than 10 model
years old. (53-226).
6. Accessibility for the Disabled. (53-501 et seq.). Taxi fleets and TNCs must all
provide service to the disabled community by assuring that at least 5% of the
vehicles controlled must be wheel chair accessible and that no operator refuses a
passenger due to disability. All operators must also participate in the user-side
subsidy programs, however, CCTI suggests that TNCs may elect not to participate in
the program by paying a per-passenger surcharge, to be determined by the Director,
to underwrite the cost of such programs and the cost on those who participate. (53­
ill).
7. Data and Trip Records (53-111). CCTI proposes eliminating the requirement for
taxi drivers to keep paper manifests. This requirement is unnecessary with the
computerized data kept by the fleets. CCTI advocates eliminating many of the
current reporting requirements including the abolishment of the onerous customer
service reporting requirements, currently found at 53-110. In their stead, CCTI
advocates a simple annual report to be filed by all taxi fleets and TNCs. The
information to be reported is:
1)
total number of trips requested; 2) number of trips
serviced; 3) total paid miles driven; 4) total revenue miles from trips originating in
the County; 5) total revenue derived from surge pricing; and average number of
vehicles providing taxicab service per month.
S. Customer Service. CCTI advocates the elimination of the customer service
reporting requirements as discussed above. CCTI supports maintaining the taxicab
hotline currently in use and proposes that it be extended to the TNC's. While they
currently are using their own driver rating system, nothing requires them to continue
to do so or maintain their allegedly high standards. The County needs to maintain
the ability to take appropriate action against drivers for serious complaints.
9.
Enforcement. CCTI
believe the current code provides inadequate enforcement
measures, particularly against unlicensed operators. Unlicensed operators providing
illegal taxicab service in Montgomery County, be they taxis from other jurisdictions,
sedan operators or unlicensed TNCs, will have their vehicles immediately
impounded. (53-603). Any additional personnel for this enforcement may be paid
for with the licensing fees on TNCs and TNC Operators.
10. Other Provisions. CCTI recommends the elimination of the prohibition against
sales of Passenger Vehicle Licenses (53-204). There should be no requirement as to
the length of time an individual or fleet must hold a PVL. The current "continuous
operation" provision (53-227) should be stricken to allow fleets and operators to
determine how best to serve the pUblic. The taxi driver test should be eliminated or
at the very least updated and applied to both taxi drivers and TNC Operators. Taxi
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Fleets should be pennitted to lease their PVLs to vehicle owners to allow for more
part-time operators and greater ability for owners to provide service. (53-210).
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Sec. 53-101. Definitions.
In
this Chapter, unless the context indicates otherwise:
Accessible taxicab
means a taxicab that the Department has authorized to transport passengers
with disabilities.
Association
means
~
10 or more iBdi'liduaJ taxicab licensees who join together to form a
business entity to provide taxicab service.
Cemm#lee
melHis the TtHdcae Services Advisory Committee.
Department
means the Montgomery County Department of Transportation.
Digital Dispatch
means the hardware and software applications and networks, including
mobile phone applications, which passengers and operators use to obtain and provide taxicab
service.
Director
means the Director of the Department or the Director's designee.
Driver
means an individual authorized to operate a taxieaemotor vehicle under this Chapter
and issued a Taxicae Driver Identification Card or TNC License.
Driver Identification Card or Identification aD) Card
means a card showing that the holder has
qualified to drive a taxicab or TNC Vehicle in the County.
Entity
means a legally formed business organization in good standing, including any form of
corporation, limited liability company or partnership.
Fleet
means any entity that holds in its own name
~
10 or more liceBsesPVLs.
IIf
service Immediate Service
means the operatiomequest for passenger transportation for
compensation which is to occur within 30 minutes of a taxicab OB any road\.vRY iB the COUffiy
wkefttime of the dri'.'er is Bot displayiHg
a:A
approved out of service sigH
OF
Botieereguest.
License
OF
Taxiooh Liocnse
means a Passenger Vehicle License or TNC License issued under
this Chapter.
Licensee
means an individual, entity, NC or fleet to whom the Director has issued either a PVL
or a lioeBseTNC License.
Out ofservice
means a taxicab that:
(1)
displays a Department approved out of service sign or notice while being operated; or
(2) is removed from revenue service and parked.
Owner
means an individual or entity that:
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(1) is listed with the state motor vehicle agency as holding legal title to a specific motor
vehicle;
(2) is a conditional vendee or lessee of a vehicle that is the subject of an agreement for
conditional sale or lease, if the conditional vendee or lessee has assumed liability, and is
authorized to pay judgments and accept any legal notice or service of process, with respect to the
vehicle; or
(3) acts as the agent of the registered owner for all purposes, including acceptance of liability,
payment of judgments and other legal obligations, and receipt of any legal notice or service of
process.
Passenger
means a person who engages a taxicab or INC Vehicle for hire.
Passenger Vehicle License ("PVL
")
means a license to provide taxicab service usmg a
specified motor vehicle.
Seat belt
means a seat belt as defined in State law.
Security seal
means a lead and wire seal, or a similar device, attached to a taximeter to secure
the meter against unauthorized access, removal, or adjustment.
Security interest
means any security interest, pledge, mortgage, deed of trust, or similar
encumbrance, by act or deed or by operation of law, to secure the repayment of indebtedness
incurred with respect to a licensee's taxicab business or the acquisition of a passenger vehicle
license by a licensee.
8peeieiliecliSe
means a lieel1se to piwride taxicab service to a populatiol1, based ,Ol1 geographic
loeatiol1 or speciall1eed, that the Director fil1ds would be ul1derserved by eJtisting taxicab service.
Surge Pricing
means an increase in a base fare that is computed by use of a multiplier to be
employed by Licensees at designated times to accommodate periods where the demand for
Taxicab Service is increased.
Taxicab
means a motor vehicle that:
(l)
is designed or configured to carry 7 or fewer persons, not including the operator;
(2) is used to provide for-hire taxicab service in the County,and;.
(3)
either.
(A) appears
to
be a tEiKicab or otheF\vise for hire;
(B)
has been issued and displays the vl"ords "taxi," "cab,"
Of
''tftKieab'' al1yr,vhere on the
¥ehielea valid PVL;
~is
advertised or held out to the public as a taxicab; erand
--f9ill
is used to respol1d to an immediate request permitted to provide Immediate Service
for passenger transportation-;- for compensation.
Taxicab Drivei' ltientijieetifHi CaF(} ei' Identfji:ef1tien (ID) C6fl'tiService
means a etlfd sho'Ning
that the holder has qualified to drive a tftKieab in the COUl1ty.
TtRi8f16
Serviee
means carrying transporting one or more passengers for compensation
between points chosen by the passenger:
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(1) regardless of how OF whea eagaged, for a fare that is based oa the distaflce tftl'/eled, time
elapsed, OF both,
~{eept
as expressly authorized ffiunder this Chapter; or by Regulations:
(2) afteF beiag eagaged by hail from a street, or from a parkiag lot, twti stand, or other
locatioa 'lAtere the '",ehicle is 'Naitiag for a trip requested by the passenger. regardless of the
method of the request, that is scheduled to occur at any time, including a request for
serviee.lmmediate Service: and
(3)
where at least one terminus of the trip is located in Montgomery County.
Taxicab Stand
means an area marked
passengers.
~
exclusively for the use of taxicabs to wait for
Transfer:
(l)
means an assignment, sale, gift, conveyance, or other disposition that has as its purpose or
effect the transfer of the rights conferred under this Chapter on the licet'!:see holder of a PVL to
another person or entity; and
(2) if the licensee is a business entity, includes the transfer of 50 percent or more of the stock,
voting rights, membership interest, or other ownership or controlling interest in the entity,
regardless of whether the transfer occurs as one transaction or a series of separate transactions.
(2004 L.M.C., ch. 27,
§
1; 2008 L.M.C., ch. 5,
§
1.)
Editor's Bote
2008 L.M.C .. ch. 5,
§
3, states: Sec. 3. An)' regulatioa ia effect whet'!: this Act
takes effect that implements a fuactioa tm:asferred to another Departmeat or Offioe uader
Sectioa I of this Act continues ia effect, but aa)' refereace ia any regulatioa to the Departmeat
from 'Nhieh the fuactioa was transferred must be treated as referriag to the DepartmeBt to v/hich
the fuactioa is transferred. The transfeF of a fuactioa Ul1der this Act does aot affect aa)' right of a
party to any legalpFOceediag begua before this Act took effect.
Transportation Network Company ("TNC")
means an entity registered to do business in the
State of Maryland that uses a digital dispatch network or software application to connect a
passenger to persons or entities that provide ground transportation for compensation, including,
but not limited to, TNC Operators.
TNC License
means the license issued by the Department to a qualified TNC Operator.
Transportation Network Operator ("TNC Operator")
means an individual or entity that
operates a motor vehicle which:
(1)
is owned or leased by the individual or entity;
(2) is used to provide ground transportation for compensation;
(3) is not a taxicab;
(4) does not provide Taxicab Service in the County, except as permitted in this Chapter;
and
(5) accepts passengers from a TNC.
TNC Vehicle
means a motor vehicle owned by a TNC Operator which has a TNC License.
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Sec. 53-102. Enforcement of Chapter.
This Chapter is enforced by the Director, the County Police Department, any other law
enforcement agency, and any other County department or office assigned by the County Executive.­
(2004 L.M.C., oh. 27,
§
(2004 L.M.C., ch. 27,
§
1.)
Sec. 53-103. Provision of Taxicab Services
(a) The Col:Ulty BKeoHti'/e must appoint, suBject to confifHlation by the County Council, a
T&1dcab Sewices Aa'yisory Committee.
(b)
The Committee must:
(1) advise the Director in carrying oHt aHties ana fuactioas unaer this Chapter; ana
(2) evaluate the peFfufHlanee of the taKieab iaaustry in sendag members of the populatioa
with special tFafisportation needs, sueh as seaior citi:z:eas ana people with aisabilities.
(0)
The Committee eonsists of 5 public members ana 4 taxieab inaustry members. The
Couat)' ExeeHtive shoulEt appoint members so that:
(l)
one publie member represents senior eitizeas, ana another pub lie member represeats
people Illith aisabilities;
(2) two of the 4 taKicab inaustry represeatati¥es represeat mfUlagemeat ana 2 are taKicab
aRYerS; ana
(3) one of the 2 ariYers is an Olliner arinr ana oae is a aon
o'.'1ae£
driye£.
(a) The Direeter or the Director's represeatati'/e must seryiee as an ex officio non yotiag
member. The Director of the Office of Consumer Protectioa, or the Director's representative,
must also sewe as an ex officio noa votiag member.
(e) A Committee member sewes for a term of 3 years, or until a successor is confirmea,
Ilihiche¥er is later.
l'L
member must aot sewe more than 2 consecutive full terms. /',;: person
appoiatea to fill a vacancy sePies fur the remaiaaer of the preaecessor's term.
(t)
The Committee must annually seleet oae publie member as ehair. (2004 L.M.C., eh. 27,
§
1; 2005 L.M.C., ch. 26,
§
1.)
No motor vehicle may be used to provide taxicab services in Montgomery County
a)
unless a PVL or a TNC License has been issued to that vehicle.
b). Registered TNCs and licensed TNC operators may perform all taxicab services, as
defined herein, except no TNC Operator may obtain fares by traditional street
hail, or sit at a designated taxicab stand.
Sec. 53-104. Regulations.
Unless otherwise specified in this Chapter, the County Executive may adopt regulations under
method (2) to administer this Chapter. (2004 L.M.C .. eh. 27,
§
(2004 L.M.C., ch. 27,
§
1.)
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Sec. 53-105. Administrative record.
The Director must keep an accurate record of every identification card and license application for
a reasonable time.-_ The record should include all relevant information and material pertaining to the
application and any license or identification card that is issued. (2004 L.M.C., eb. 27, § (2004
L.M.C., ch. 27,
§
1.)
Sec. 53-106. Rates.
(ar_The County Executive must set taxicab rates for trips other than those booked through
a Digital Dispatch by a TNC. Fleet. Association or the County's centralized
Dispatch system as set forth in Section 53-110. Taxi rates shall be established by
regulation to promote the public interest after holding a public hearing,.
(b)
Rates charged for trips scheduled through a Digital Dispatch must be filed with
the Director and considering the recommendations of the Committee.comply with
either:
(1)
(b) To eneoHrageride slUffing
applicable rate regulations; or
(2)
a time-and otheF innovative distance or surge pricing rate set by the TNC,
Fleet or Association.
(c)
If a Fleet, Association or TNC charges a rate or fare other than the metered taxicab
seplices, the regHlation may reqHire a licenseerate, before the passenger books a
vehicle the provider must disclose to
El:CCe~t
certain
~ayment
methodsthe
passenger:
(1)
the fare calculation method:
the applicable rate being charged;
(2)
(3)
the amount and cAEl:Fge rates method of calculation of any surge pricing in
effect; and
(4)
Cd)
the option for the passenger to receive an estimated fare.
In order to promote the public interest, the Director must approve. in advance, the
multiplier(s) thatEl:Femay be used in surge pricing. The Director must find that the
actual purpose and effect of surge pricing is to provide more vehicles on the road
to increase the level of service. Surge pricing may not taximeter based.be used to
limit the actual demand for trips. All Fleets, Associations and TNCs must provide
the Director with data that
will
support the surge multipliers sought.
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(e)
The Director may approve rates other than those set in the regulations as provided in a
contract filed with the Department if the Director finds that the alternative rates will not
result in a significant reduction of service to the general public.-_ Any alternative rates
that are higher than the rates set by regulation under subsection (a) must also be set by
regulation.
(d)
(0
A person must not charge for taxicab service except as allowed under applicable
regulations or subsectiofl
(0).
(2004
L.M.C., ah.
27,
§this Section. (2004 L.M.C..
ch. 27.
§
1.)
Sec. 53·107. _Fees.
(a~_The
Council may set, by resolution adopted after a public hearing, fees that the Director
must charge to administer this Chapter.
--(b)-_Except as provided in Section 53-206, the Council must not set fees that in the aggregate
exceed the cost of administering this Chapter.
--(c)-_A Council resolution adopted under this section takes effect if the Executive:
---( 1)-_ _
~approves
the resolution;
---(2)-
disapproves the resolution within 10 days after it is adopted and the
Council readopts it by a vote of six COUfloilmembersCouncil members; or
(2~_does
not act within 10 days after the Council adopts the resolution.
@QQ1
L.M.C.• eh.
27,
§
(2004 L.M.C., ch. 27.
§
1;
2005
L.M.C.. eh.
37,
§2005
L.M.C., ch. 37,
§
L)
Sec. 53·108. Taxicab stands.
The Director, by notice printed in the County Register, may designate taxicab stands for the
exclusive use of taxicabs where they are required in the public interest.
(2004
L.M.C.• ch.
27,
§
(2004
L.M.C.• ch. 27.
§
1.)
Sec. 53·109. Dnplicates.
Upon proof satisfactory to the Department that a license or identification card has been lost or
destroyed, the Department must issue a duplicate license or identification card to the licensee or driver,
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after the licensee or driver has paid the required fee, unless the license or identification card has been
revoked or suspended under this Chapter.
(2004 L.M.C .• ch. 27,
§
(2004 L.M.C ..
ch.
27.
§
1.)
Sec. 53-110. Centralized Electronic Dispatch System.
See. 53 110. Clistomer service reqliiremeats.
(a)
A reglilation issued by the
~eclitive
mlist establish:
(1) specific clistomer serlice reqliirements Bfld minimum petfonnBflce criteria applicable to
each licensee, blit "'ihich may vary by type of licensee:
(2)· the reqliired slibmission dates for aHY clistomer service plftH aHd other data that licensees
must regularly submit;
(3) the dates ceftain minimum lcYlels of sef\'ice Bfld other perfunnaHce requirements mlist he
met; and
(4) the conseqliences of faillire to meet lifty requiremeHts.
The service requirements aAd perfunnliHce criteria must focus on recurring problems with
customer service that the DepartmeHt has ideHtified throligh customer complaints or otherwise.
(b) These regulations must also incllide:
(1)
perfonnaHce hased qlialifications aAd reqliiremeRts for receiving additioRal licenses
uRder Section 53 205;
(2) the staadards liftd procedliFe hy Vtth.ich the Director may deRY or revol,e a liceRse if a
liceRsee does not meet aHy maHdatory customer service requiremeHt;
(3) defined geographic areas of service, slihject to modificatioR as provided in SectioR 53
222(b)(10), IiHd minimlim acceptable service parameters for each geographic area;
(4) iHfonnation requiTed for a review or fti:ldit ofperfunnaRce criteria IiHd data submission;
(5) guideliRes for a complaiHt resollition process fur customer complaints that employs, to
the exteRt feasible, tlH independent mediatioR or displite resolution mechanism;
(6) guidelines for procedures each fleet or association must Cfl'iploy to keep each person
who calls for service infonned of the stams of that person's reqliest;
(7) tlHy special procedlires that the
~eclitiye
conclooes are necessary to assigH appropriate
priority to service requests Hom persons 'Nith special medical needs or non emergeacy travel to
or from medical facilities; aHd
(8) the percentage of calls for prearraHged service that should he picked
liP
'>'/ithiR 10
miRlites, and the percentage of calls for immediate sef\'ice that sholild be picked lip within 20
minlites. The E*eelitive by regulation may set a different respORse staRdard for each type of
sef\'ice. "PrearrtlHged service" is service requested, by telephone or electronically, at least 2
hours before the passenger is scheduled to be picked up.
Ec)
l\S
a condition of reeeiying a liceRse uRder this Chapter, each licensee must agree that all
data submitted UHder this Section is public infonnation. The Director must regularly make that
infonnation ayailahle
to
the public in an annual report on taxicab service in a fonnat set by
regulation, tlHd in any other fashion that the Director finds
will
iRfonn the public.
Ed)
The Director, after conslilting the Taxicab Services Advisory Committee, may use Bfly
reasonable meehaHism to collect more data that may be used to measliFe IiHd evaluate customer
service perfonnaHce, ineluding complaiAt data, customer surveys, IiHd service sampling
techRiqlies. (2004 L.M.C., ch. 27,
§
1.)
(a) The Director shall establish a centralized electronic dispatch system to
dispatch taxicabs for trips that begin or end in the County through an Intemet­
enabled application, digital platfonn. or telephone dispatch system.
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(b)
The Director may enter into a contract with a third-party contractor through
the County procurement process to create. manage and/or operate the system.
(c) The Director may require every Taxicab to participate in the system and may
further require each Taxicab Driver to pay a reasonable dispatch fee for any
trip accepted by said operator.
(d) The system must maintain verifiable records. in a form prescribed by the
Director, summarizing responses to requests for service made under the
system. The Director shall have full access to all records maintained by the
system.
(e) Nothing in this Section prohibits a Taxi Driver from being affiliated with, or
dispatched by. any other dispatch system.
Sec 53-111. Annual Reports.
All fleets. associations and TNCs must provide to the Department an annual report, due on or
before August 30 of each calendar year, which shall disclose information for the previous fiscal
year to include:
(1)
total number of trips requested;
(2) total number of trips serviced:
(3) total paid miles driven;
(4) total revenue from trips originating or terminating in the County;
(5) total revenue derived from surge pricing; and
(6) average number of vehicles providing service by month.
ARTICLE 2. TAXICAB LICENSES.
Division
1.
General License Provisions.
Sec. 53-201. Required.
(a) A person must not provide taxieae servieeTaxicab Service without possessing a
lieenseLicense as required under this Chapter. A TNC Operator must also be properly licensed
with all applicable Maryland and regional regulatory authorities.
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(b) A lieeRse Except as provided in subsection (c) (3), a License must be issued only to the
owner of each taxicab or TNC vehicle.
(c) A lieeRseeperson must not operate a taxicab or provide taxicab service in the County
unless the liceRseeperson either:
(1)
holds a fleet lieeRse; or
(2) holds one or more iRdividual liceRsesPVLs and is affiliated with an association or a
fleeh;or
.
(2)
holds a sublicense granted by a holder of a fleet PVL and is affiliated with that fleet; or
(3) has been issued a TNC License
(d) A lieeRseeLicensee must hold a lieeRseLicense for each taxicab or TNC vehicle. (2004
L.M.C., ch. 27,
§
1.)
Sec. 53-202. Display.
Each licensee and driver are both responsible for displaying the lieeRseappropriate License or
TNC License prominently in the taxieaevehicle at all times in a location that is plainly visible to
passengers. (2004 L.M.C., ch. 27,
§
1.)
Sec. 53-203. Types of licenses; cross-ownership.
(a) A fleet or association, including any officer, director, owner, employee, affiliate,
subsidiary, or holding company, must not have any direct or indirect ownership interest in or
management control over any other fleet or association that operates in the County.
(b) An individual must not hold a liceRsePVL originally issued to a fleet or association under
this Chapter, and a fleet or association must not hold a license originally issued to an individual
under this Chapter, unless the license was lawfully transferred under Section 53-204. (2004
L.M.C., ch. 27,
§
1.)
53-204. Transferability; security interest.
(a) Any lieenseLicense must not be transferred except as provided in this Chapter.
(b) A lieeRseLicense may be transferred only if:
(1) the licensee notifies the Department in writing of the proposed transfer not less than 30
days before the date ofthe proposed transfer, specifying all terms and conditions of the proposed
transfer and the identity of the proposed transferee;
(2) the Director finds that the proposed transferee meets all requirements of this Chapter and
applicable regulations; and
(3) the licensee surrenders the IiceRseLicense when the Director approves the transfer.
(c)
~cept
iR the case of a transfer uRder subseetioR
(D,
a lieeRse issued to any liceRsee may
be transferred oRly if the lieeRse '.vas Rot issued or transterred withiR the previous 3 years.
(d) The Director must Rot approve the transter to an iRdividual of a lieeRse issued to a fleet if:
(1) the same fleet has already traRsterred more than 2 lieeRses to iRdiyiduals duriRg that
ealeRdar year; or
13
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(2) the tFaasfer would result ia iadividuals holdiag more thaa 30% of tfte total aul?l'lber of
liceases thea ia effect.
Datil DecemBer 31,2009, the Director, after reeeiviag a vlTittea request from a liceasee, may
'tv-aive eitfter limit ia this sUBseetioa oa tffiHsferriag a licease issued to a fleet ...,hea the Director
coacludes that a ...,aiYef is aecessary to a'lert a poteHtial sigaificaHt loss of sep/ice or to preserve
or promote adequate taxicaB service ia all areas of the Couaty, and the v.'aiver '.vill HOt reduce or
impair competitioa, puBlic welfare, aad puBlic safety. If the Direeter wains either limit for a
fleet, the Direetor tHust at the same titHe 'waive tfte same litHit for each other fleet so that each
fleet'
5
share of the ...,aivers appro'led for all fleets is at least the same as that fleet's share of an
fleet liceases 'Nhea the applicatioa for a waiver was filed. The Director tHay attach reasoaaBle
cOHditioHs to aay waiver, iHcludiag requiremeats for purchase of cotHtHercialliaBility iHsUFaace
and maiHteaance of tHiaitHum aUffibers of accessible vehicles and litHits oa tfte ool?l'lber of Hew
liceHses a cOtHpany can apply for or reeehte ia a 2 year period after
it
traHsfers existiag lieeases.
(e) The Director tHust Hot approve a transfer of any liceHse if the traasferee already holds, or
'Nould theH hold, tHore than 40% of the total Hl:ItHber of liceases thea ia effect. This sl:Ibsectioa
does Hot prohibit the sale or traasfer of a lieeasee that held tHore thaH 40% of tfte lieeases iH
effect OH October 1, 2004, or the sale or traasfer of all or a tHajority of the Iiceases held by that
liceasee.
--fl)-A security interest may be created in a passeager vehicle liceaseLicense in accordance
with the Maryland Uniform Commercial Code, subject to the Director's approval. The
Executive may by regulation attach further conditions to the creation of a security interest,
consistent with this subsection, as necessary to avoid significant disruptions in taxi service. The
Director may approve the creation of a security interest only if:
(1)
the licensee and, if different, the proposed holder of the security interest has notified the
Director at least 30 days before the security interest would be created of the identities of all
parties to and all terms and conditions of the security interest; and
(2) the secured party acknowledges in the security interest agreement that:
(A) the security interest is subordinate, in all respects, to the authority of the Director to
suspend, revoke, or refuse to renew the license under this Chapter; and
(B)
any transfer of the lieeaseLicense pursuant to a foreclosure or execution on the
security interest is not effective unless the Director finds that the proposed transferee satisfies all
requirements of this Chapter and applicable regulations.
The Director must send to the secured party, at its last address on file with the Department, a
copy of any written notice to the licensee regarding the suspension, revocation, or refusal to
renew the license. That notice is the only notice the Director is required to provide to a secured
party of any action taken or proposed to be taken with respect to a license.
(gQ)
A transferred liceaseLicense is valid for the remainder of the term of the original
liceaseLicense. (2004 L.M.C., ch. 27,
§
1; 2008 L.M.C., ch. 35,
§ 1.)
Division 2. Issuance, Denial, Expiration, and Renewal.
Sec. 53-205. Periodic issuance of new licenses.
(a)
Notice.
The Director may periodically issue new IiceasesLicenses to qualified applicants
or reissue any licenseLicense that has been revoked or not renewed under this Chapter, as
14
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provided in this Section. The Director must advertise the availability of these licenses in
at
least
one newspaper of general circulation in the County for 2 consecutive weeks before accepting
applications. The Director should also notify, by electronic mail or other reasonable means, any
licensee or driver who requests to be notified of the availability of new or reissued licenses.
(b)
Criteria.
The Director may issue new or reissued licensesPVLs or TNC Licenses to
qualified applicants, including existing liceRseesLicensees and persons who do not then hold
lieensesLicenses, who meet criteria defined by regulation which promote competition and further
the purposes of this Chapter. The criteria must:
(1)
be .based on public convenience and necessity, such as the need for more taxicab
services in the County generally or in certain geographic areas of the County, or for certain types
of passengers, as shown by such measurements as taxi utilization rates and response times; and
(2) consider the performance record of each applicant in providing taxicab service in the
County or elsewhere.
(c)
Individual allocation.
Of the new or reissued lieensesPVLs issued in any 2-year period,
20% must be allocated to individuals who:
(1)
have held a Taxicab Driver Identification Card, and have regularly driven a taxicab in
the County, during the preceding 3 years;
(2) have a superior driving record, as defined by regulation; and
(3) do not already hold a licensePVL under this Chapter.
In deciding among individuals who qualify under this subsection, the Director must rank them by
the number of years that each individual has regularly driven a taxicab in the County. If a
sufficient number of qualified individuals do not apply for a licensePVL under this subsection,
the Director may allocate the remaining lieensesPYLs to individuals who already hold a
licensePVL under this Chapter.
(d)
Biennial limit.
_During calendar year
~2015
the Director must notshall issue no more
than 70 nevt' licenses. 100 TNC Licenses. In each later evensubsequent odd-numbered year, the
Director may issue a total number of new liceRsesLicenses that does not exceed 10% of the
number of licensesLicenses then in effect.
(e)
Additienel licenses extf'ooNiiney}' ef:l:#ierity; poPf:l:letien limit.
The Director may issue
more licenses
then
aFe authori:t:ed under subsection (d)Licenses if the Director finds, after
holding a public hearing, that additional taxicabs or TNC Operators are necessary to improve
service to specified geogFftpkic areas or types
of
taxicab users or generally
to
increfl:Se
competition.~
However, the total number of iiecnscsLicenses issued must not exceed
1
license
for each 1,000 County residents, as computed in the most recent decennial U.S. Census or any
census update published by the appropriate federal agency.
(~)
Individual limit.
Notwithstanding any other provision of this Section, the Director must
not issue more than
10
new or reissued IiccnsesLicenses in any 2-year period to any licensee that
holds or controls more than 40% of the licensescombined total of PYLs and TNC Licenses then
in effect. (2004 L.M.C .. ch. 27,
§
1; 2006 L.M.C., ch. 32,
§ 1.)
Sec. 53-206. License issuance;
initial
fee.
(a) The Director may issue a liceflseLicense only to a qualified applicant under this Chapter.
An
applicant is qualified if the applicant:
(1) meets all requirements ofthis Chapter and applicable regulations; and
(2) pays the initial license fee.
15
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(b) The Council must set the initial license fee by resolution adopted under Section 53-107.
In setting the amount of the fee, the Council must consider:
(1) the County's interest in encouraging competition and improving customer service;
(2) the value of the license in the private market; and
(3) the cost to the Department of processing applications and issuing the license.
@.QQi
L.M.C., eh. 27,
§
1; 2005 L.M.C., eh. 37,
§
1.)
- (c) The license fee set for a TNC License may be different than that for a PVL.
(2004 L.M.C .. ch. 27,
§
1: 2005 L.M.C .. ch. 37,
§
1.)
Sec. 53-207. License application.
A person or entity may obtain a liceflseLicense by applying to the Director on a form provided
by the Department that, at a minimum, requires the applicant to provide:
(a) a statement of financial responsibility, showing the availability of unencumbered financial
resources sufficient to place the vehicle into service;
(b) a certificate of insurance, a certificate of self-insurance issued by the state motor vehicle
agency, or a written statement from an insurance company licensed to do business in Maryland
certifying that:
(1) the applicant will be able to acquire the required insurance; and
(2) the insurance will not be canceled or modified without prior written notice from the
insurer to the Department;
(c) the applicant's past customer service record, if the applicant has engaged in taxicab or
other transportation service in any jurisdiction;
(d) a statement that the applicant is familiar with the Chapter and applicable regulations, and
is not disqualified from holding a license under this Chapter;
(e) the applicant's experience in providing taxicab or other transportation service; ­
(f) a description of the applicant's financial and managerial resources available to operate and
maintain the taxicabvehicle as required by law; and
(g) the geographic &feas the applicaflt primarily iflteflds to sePr'e, iflCludiflg the exteflt of the
applicaflt's 'tvilliflgAess to sePr'e &feas or types of passeflgers that fleed additioflal service.
LL
(2004 L.M.C .• ch. 27, § 1.)
Sec. 53-208. Individual licenses.
The Director must issue a liceflseLicense to each individual applicant who qualifies under this
Chapter, subject to the limits and requirements in Section 205 and the procedures in Section
210. (2004 L.M.C .. ch. 27,
§
1.)
Sec. 53-209. Individual license application.
In addition to the information required in Section 53-207, each applicant for a liceflseLicense
to be issued under Section 53-205(c) or otherwise to an individual must:
16
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(a) specify which fleet, TNC or association the applicant will affiliate with before putting the
tffitiealwehicle into service;
(b) hold a valid identification card if the applicant intends to drive a Taxicab or TNC Vehicle;
(c) describe the applicant's experience driving a tffitieabTaxicab, TNC Vehicle, or other
commercial passenger vehicle, and the applicant's experience as a taxieab driverTaxicab Driver
in the County;
Ed) preseHt evideHee of the appliettHt's iHteHt to drive the taxieab for 3 years, or if the
applieaHt does Hot iHteHd to persoHally drive the taxieab, provide the Hl:1ffie of a driver with a
valid ideHtifieatioH eard
VfflO
is eommitted ttHd ready to drive the taxieab OH a full time basis;
---fe_uD
specify the number and type of consumer complaints regarding taxicab service naming
the applicant during the past 12 months;
(~)
have a safe driving record, as defined by applicable regulations;
(gt)
list the applicant's name, date of birth, current address, and any address where the
applicant resided during the previous 5 years;
(hg) list the applicant's employment during the preceding 10 years; and
(ill) show that the applicant, or if the applicant does not intend to personally drive the
taJcieabvehicle, the driver designated under subsection (d), has provided taxicab service in the
County satisfactorily for at least 12 months. (2004 L.M.C., ch. 27, § 1.)
Sec. 53-210. IndividuallieensePVL lottery.
(a) If the number of applications filed by qualified individual applicants as defined under
Sections 205 and 209 equals or is less than the number of new lieeHsesPVLs authorized for
individual use in a 2-year period, the Director must issue a lieeHsePVL to each qualified
applicant. If the number of applicants from qualified individuals exceeds the number of
neW
individual lieeHsesPVLs authorized for that period, the Director must conduct a lottery among
each group of qualified individuals with an equal number of years' experience regularly driving a
taxicab in the County to determine the priority of issuance.
(b) LieeHsesPVLs issued by lottery must be awarded under the procedures of this Section and
Section 205.
(c) The Director may conduct a separate lottery for:
(l)
lieeHsesPVLs for accessible taxicabs;
(2) other new lieeHsesPVLs that become available; and
(3)
any other authorized lieeHsePVL that become available.
(d) A lottery must be conducted so that each qualified applicant has an equal probability of
receiving a lieeHsePVL, subject to the seniority ranking required by Section 205( c).
(e) A lottery may be conducted in 2 separate phases. Phase 1 would determine the recipients
of available individual lieeHsesPVLs and continue until all available lieeHsesPVLs have been
awarded. Phase 2 would create an eligibility list for issuance of individual lieeHsesPVLs that
later become available. The drawing in Phase 2 must continue until twice the number of
available lieeHsesPVLs have been drawn, or a smaller number if sufficient applicants did not
apply for an individual lieeHsePVL. The eligibility list created under Phase 2 is valid for the
remainder of the 2 year period, or until the next lottery is conducted if longer than 2 years.
(0
As lieeHsesPVLs become available for reissuance, the Department must notify the
applicant highest on the eligibility list that a lieeHsePVL is available and of the applicable
17
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acceptance procedures and deadlines. The Department must send notice by mail to the address
listed by the applicant on the application or to any updated address provided by the applicant in
writing to the Department. If the taxicab is not placed in service within 90 days after the license
PVL is issued, the Director must revoke the applicant's eligibility and notify the next applicant
on the eligibility list. The Director may extend the time to place a taxicab in service to permit
the taxicab to be retrofitted for use as an accessible taxicab. (2004 L.M.C., ch. 27,
§
1.)
Sec. 53-211. Fleet lieeBsePVL application.
In addition to the information required in Section 53-207, each applicant for a license PVL
issued to a fleet must:
(a) submit evidence that the fleet provides or will be able to provide its O'Nn centralized
administrative, managerial, marketing, operational, dispatch, and driver training services;
(b) calculate previous tmdcab productivity, as measured by tHe number of daily trips per
tmdcab or at'l equivaJeflt meaStffement approved by ilie Director, if the applicant has previously
provided taxicab seFYice in any jurisdiction;
-te----1Q)
describe the extent of the applicant's development of and participation in innovative
taxicab services;
(d£)
submit the number of consumer complaints involving taxicab service provided by the
applicant, by type, filed with the County or any other government agency in the past 24 months,
and the resolution of each complaint;
(eQ)
list each enforcement action involving taxicab service provided by the applicant or any of
its drivers during the past 24 months of which the applicant is aware, listing the number,
violations alleged, and disposition of each action;
Ef)
submit other performance related criteria, as required by regulatiofl;
describe all ownership and management interests relating to taxicabs of the applicant and
any affiliated, parent, or subsidiary business entity;
(h1) specify the levels and types of service to be provided;
(tg) provide evidence of the level of capitalization and expected operating costs; and
(fh)
describe the applicant's existing or proposed hiring and training procedures for driverst
~)
aHd:.
(Ie)
attest that tHe applicant has flOt transferred the ovrnership of any license dtffing tHe
previous 24 mOfltHs. (2004 L.M.C., ch. 27, § 1.)
8ee. 53 212. 8peeiallieeBses.
(a) In addition to the licenses regularly available for issuance, the Director may issue special
licenses to qualified applicants
to
provide innovative tmtieab seFYiee, on an e*perimental or
permanent basis, such as:
(l)
transportation for persons ,>vith speoial trat'lsportation needs, including:
(1\)
senior citizens;
(B)
people 'Nith disabilities;
(C) oitizens in
up
oounty and rural areas; or
(D) citizens using hospital, senior centers, afld other underseFYed locations or areas;
18
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(2) jitney service, 'Nhich is sep/ice O'ter a regular route on a fleJdble schedule; or
(3) similar transportation sef\'ices.
(b) The availability of licenses Hilder this Section must be advertised in at least one newspaper
of general circulation in the COHilty for 2 consecutive vieeles. The Director should also notify, by
electronic mail or other reasonable means, any licensee or driver
'y'I.4ie
requests to be notified of
the availability of ne'N lieenses.
(c) Licenses must be iss\;led on a competiti'te basis \;Ising criteria set by regulation that are
intended to achieve a high level of taxicab sef\'ice. The Director may establish appropriate
procedures, fees, aFld conditions to issue a license under this Section.
Ed) The Director may re'toke a license issued Hilder this Section
at
any time for
noncompliance with this Chapter or failure to provide the sef\'ice for which the license 'Nas
issued.
(e) The licensee must
return
any license issued Hilder this Section to the Department:
(1)
when the vehicle is no longer eligible to provide the required service; or
(2) if the Director
re'lol~es
the license because the service is no longer needed or ',vas
Hilderused during a reasonable time after the license was issued.!. (2004 L.M.C .. ch. 27,
§
1.)
Sec. 53-212. Transportation Network Company Registration.
(a) No Transportation Network Company ("TNC") may provide Taxicab Services in the
County without registering with the Department. The Department shall enact
regulations to establish a procedure to register TNCs which shall include the
disclosure of:
(1)
The legal name, home office address. name and address of the Maryland registered
agent and the County business address of the TNC;
(2) A current certificate of good standing issued by the Maryland Department of
Assessments and Taxation:
(3) Proof that the TNC maintains a website that includes information including:
(A) a customer service telephone number and electronic mail address;
(B) a
copy of the TNC's zero tolerance policy on the use of alcohol and illegal drugs;
(C) a description of the procedure for reporting a customer service complaint or
violation of the zero tolerance policy;
(D) the telephone number and electronic mail address for the Department's Division
of Transit Services Taxicab unit.
(4) Proof that all TNe Vehicles associated with the TNC have passed a mechanical
inspection as required under this Chapter
(5) Proof that all TNC Operators has secured insurance policies required by this
Chapter:
(6) The names, addresses of all persons and entities who will be designated as
Transportation Network Company Operators; and
(7) The year, make, model and VIN number of all vehicles to be operated by TNC
Operators in Montgomery County.
W(b)
Upon acceptance of its registration by the Director. the TNC shall be issued TNC
Licenses for each vehicle approved for service by the Director.
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Sec. 53-213. Criteria to deny a license.
The Director must not issue or renew a lieenseLicense to any person, licensee, or applicant:
(a) who, within 5 years before the application is submitted, was convicted of, pled guilty or no
contest to, or was placed on probation without a finding of guilt for, or who when the application
is submitted, has a charge pending for, or who has, within 3 years before the application was
submitted, completed a sentence or period of probation based on a charge for:
(1) any offense involving violence or a weapon;
(2) any sex offense;
(3) soliciting for prostitution;
(4) illegal sale or use of alcoholic beverages;
(5) violationcommission of any
Ie'll
governing felony involving controlled dangerous
substances;
(6) violation ofafty gaming lev,,;
(7) any offense involving driving under the influence of alcohol; or
(&1)
any act of moral turpitude;
(b) who has a pattern of reasonably verifiable complaints of substandard customer service
during the previous 24 months;
(c) whose traffic record of "moving" offenses for the 3 years immediately before the
application was submitted, or while licensed to drive a taxicab, demonstrates that the applicant is
not a responsible, safe, or careful driver. This record may include eyewitness testimony of
unsafe or dangerous driving;
(d) who makes a false statement or gives a false answer
to
obtain, or who obtains, a license by
fraud, misrepresentation, misleading statements, evasion, or suppression of material fact;
(e) who is unable to safely operate a taxieab motor vehicle, who may otherwise endanger the
public health, safety, or welfare, or who would be unable to fulfill the duties of a driver as
required by applicable regulation;
. (f)
who has substantial delinquent debts to the County, State, or Federal government; or
(g) whose record of violations of this Chapter or other laws or regulations of the County,
State, or any other jurisdiction indicates to the Director that to protect public safety a license
should not be issued.
If a lieenseLicense is denied or revoked, the applicant is not eligible to reapply for 2 years,
unless the Director for good cause otherwise orders. (2004 L.M.C., ch. 27,
§
1.)
Sec. 53-214. Additional criteria to deny a license.
(a) A licensee or applicant, as those terms are used in this Section, includes any director,
officer, partner, or managing agent, and any other person who effectively controls the operations
of a licensee.
(b)
The Director may decline to issue or renew a 1ieenseLicense to any licensee or applicant:
(1)
who has been convicted of fraud, misrepresentation, or false statement in the course of
activity in a taxicab business;
(2) who, while previously operating in any jurisdiction, has had a lieenscLicense or other
permission to operate taxicab for-hire transportation services revoked or suspended because of
material violation oflaw or substandard performance; or
20
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(3) who has failed to lceep the liceRsed taxicab iR ceHtiRl:lol:ls operatioR as reql:lired by
SeetioR 53 227; or
(4) ",..ho has Rot operated at the cl:lstomer serAee Ie>iels reql:lired by applicable regHlations.
or has not complied.. after reasonable notice.. with any required safety, operational, or inspection
requirement of this Chapter. (2004 L.M.C., ch. 27.
§
1.)
Sec. 53-215. Expiration of license.
A liceH:seLicense expires one year after
it
is issued. (2004 L.M.C .. ch. 27,
§
1.)
Sec. 53-216. Renewal of license.
The Director must renew a licenseLicense ifthe licensee:
(a) is in compliance with all applicable laws and regulations, including all required safety,
operational, and inspection requirements of this Chapter;
(b) submits a statement under oath affirming that the information and statements submitted
with the original application have not materially changed. except as previously or then
submitted; and
(c) pays the required fee. (2004 L.M.C., ch. 27,
§
1.)
Division 3. Duties of Licensees.
Sec. 53-217. Notice of change of address.
Each licensee and registered TNC must notify the Department. in writing. not less than 2
business days after changing:
(a) a business or residential address;
(b)
a required telephone number; or
(c) any officer, principal. partner, or managing agent, or any other person who effectively
controls the operations of a licensee. (2004 L.M.C .. ch. 27.
§
1.)
See. 53 218. Quarterly aeeideBt reports.
Each liceRsee must submit a quarterly report detailiRg all accidents inyolying any of its
taxicabs to the Depfii""..:ment OR a form approved by the Director. The Direetor may require a
more freql:leRt report. ( (2004 L.M.C., ch. 27,
§
1.)
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Sec. 53-249218. Responsibility of lieeosees, affiliates,Licensees and
amrersTNCs.
(a) A lieenseeLicensee or TNC must not knowingly permit any ta*ieaemotor vehicle to be
operated in this County by a person who has:
(1) not been authorized to operate a .taxicab or TNC Vehicle under this Chapter; or
(2) tested positive for drugs or alcohol, as defined by applicable regulations, unless
authorized by the Director.
(b)
Each liceaseeLicensee and TNC must promptly take appropriate action when the
lieeHseeLicensee or TNC becomes aware from any source that a driver of a taxicab
""""---"'-"-'-=
vehicle for which the licenseeLicensee holds the license or regarding which the lieeHseeLicensee
or TNC is a party to an affiliation agreement has not complied with all requirements of this
Chapter and the customef service standfifds adopted uHder this Chaptef..:.
(c) Each licenseeLicensee and TNC must exercise due diligence to monitor the activities of
each driver of a taxicab or TNC Vehicle for which the IieeHseeLicensee holds the liceHseLicense
or regarding which the liceHseeLicensee or TNC is a party to an affiliation agreement to assure
that the driver complies with all requirements of this Chapter ood the customef sefvice staHdards
adopted uHdeF tHis Chaptef.!.
(d) Notwithstanding the legal status of any
~
as an independent contractor rather
than an employee of the liceHsee, for the purposes of this Chapter (ood particularly the customeF
sef't'ice standfifds adopted uHder this Chapter) the responsibility of each liceHseeLicensee and
TNC for the conduct and performance of drivers under this Chapter:
(1)
applies to each driver, including affiliates of the licensee; and
(2) prevails over any inconsistent contract or other agreement between a licensee or TNC
and an affiliate or a driver.
(e) Any contract or other operating agreement between a liceasee andLicensee or TNC or any
driver must:
(1)
inform the driver of:
(A) the driver's obligation to comply with all requirements of this Chapter and the
customer service standards adopted under this Chapter; and
.
(B) the liccHsee'sLicensee's or TNC's obligation to take appropriate action when the
licensee or TNC becomes aware that a driver has not complied with any requirement or customef
service staHdaFd;!.
(2) empower the lieenseeLicensee or TNC to take appropriate action, as required in
subsection
(b);
and
(3) not restrict a driver, affiliate, TNC Operator or taxicab owner from providing taxicab
service in the County after the contract or agreement expires or is terminated.
(f)
(1)
Any contract or other operating agreement between a licenseefleet and any
afiliateaffiliate or driver must require both parties, at either party's request, to participate in good
faith in an independent, third-party mediation or alternative dispute resolution process, which
may be administered by the Department or the Department's designee.
(2) A dispute is subject to the process required by this subsection if the dispute is connected
with the operation of the contract or agreement or involves the affiliate's or driver's compliance
with any requirement of this Chapter OF a customer service standard adopted under this ChapteF..:.
The implementing regulations may specify that certain classes of disputes are not subject to this
process.
22
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(3) The dispute resolution administrator may stay the operation of any action taken by a
party when a stay is necessary to preserve the rights of any party.
(4) This subsection does not preclude either party from taking any other lawful action to
enforce any contract or agreement. (2004 L.M.C., ch. 27, §
1.)
Division 4. Additional Duties of Fleets and Associations.
Sec.
53~219.
Essential requirements.
Each fleet and association must:
(a) establish a management office in the County, or at another location approved by the
Director;
(b) provide a communication system approved by the Director that:
(1) gives the driver and fleet or association two-way dispatch communication; and
(2) allows public access to request service, register complaints, and seek information. The
communications system must allow a member of the public to speak to a staff member 24 hours
a day, 7 days a week.
(c) operate under
unifonn
colors and markings approved by the Director;
Ed) SHBtHit a eHstOtHef sef¥iee plae as feqHifed By applieaele fegulatiofts that speeifies HOW the
fleet Of assoeiatioft
vAn
aeHie't'e the plaH's goals fof safe, feliaBle eHstOtHef sef\'iee aed Oft titHe
peffonnaftee;
-fe---1Q)
submit accurate, verifiable operating and statistical data reports as required under this
Chapter;
(~)
provide an adequate number of taxicabs to meet service demand 24 hours a day, 7 days a
week, as defined by applicable regulations; and
(g1) comply with all requirements of this Chapter regarding the provision of accessible
taxicabs. (2004 L.M.C., ch. 27, §
1.)
Sec.
53~220.
Operating requirements.
Each fleet and association must:
(a) provide
its O\Vfl eefttralil:ed
administrative, vehicle maintenance, customer service,
complaint resolution, dispatch, management, marketing, operational, and driver training services
loeated ift tHe COHftt)', Of
at one or more
ether
locations approved by the Director, that are
physically separate from any other association or fleet. A fleet or association may obtain these
services, with the approval of the Director:
(1)
from another person or entity who does not hold, or have an interest in, a license issued
under this Chapter; or
(2) from another fleet or association if the Director finds that joint operations of this type:
(A) would promote competition and improve customer service; and
(B) would not impair the independence of any fleet or association;
(b) designate one to 4 persons with managing or supervisory authority to act on behalf of the
fleet or association in all contact with the Department; and
23
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(c) file with the Department, in addition to any other data required by law:
(1)
if the fleet or association is incorporated, a copy of its certificate of incorporation,
bylaws, and all other rules and regulations relating to the organization and operation of the entity
and its membership;
(2) if a corporation holds a license, each year by February 1 a certificate of good standing
issued by the State Department of Assessments and Taxation; and
t8(2)
information on a form provided by the Department, showing, for each
taxicab, the licensee's name and address, vehicle make, vehicle identification
number and taxicab number, and other pertinent information listed on the form.
Any change in the information required by this paragraph must be filed in writing
with the Department within 2 business days after the change. (2004 L.M.C., ch.
2L
§
1.)
See. 53 222. Cust6H1:er Serviee PlftH.
(a) Eaeh fleet afld associatiofl is respoflsible for pfOvidiflg timely, saie, reliable quality taxicab
seFvice. To that efld, each fleet afld associatiofl must submit to the Director a customer ser....ice
plan as reEluired by Sectiofl 53 110 afld applicable regulatiofls.
(b) At a miflimum, each fleet afld associatioR's iRitial customer seplice plaft must:
(1) specify the fleet or associatiOl'l'S aftticipated perceRtftge of trips
that
will
achieve the
ftJ:lplicable reSpOflse time standards set UHder SectioR 53 110(13)(8) for prearraftged service
reEluests aftd calls for immediate service, or submit pfOposed respOflse times for ifflffiediate ftfld
prearranged service that are differeAt iR afty serviee area specified by the fleet or associatiofl.
'.llhefl different respoflse times are pfOposed, the plafl must describe
",.4ly
the differeflces are
proposed, cOflsideriflg growth ifl a service area or the fleet or associatiofl's 'Nillingfless to serve
areas that fleed additional service;
(2) iflclude timelines to aehieve the pfOposed stafldards
if
they
,tVill
flOt be met ifl the next
year,
(3) describe any operatioflal changes the fleet or associatioR inteflds to implement that
",,,ould result ifl impfOved service;
(4) describe ,.",hat procedures the fleet or associatiofl will employ to keep each perSOfl vAlo
calls for service iRformed of the status ofthat persofl's reEluest;
(5) describe afty special procedures the fleet or assoeiatiofl will use to assigfl ftJ:lpropriate
priority to service requests that iflvolYe perSOflS with special medical fleeds or ROR emergeflCY
-trips to or from medical facilities;
(6) specify the rmmber of taxicabs fleeded to achieve respOflse times, aftd justify an iflcrease
ifl taxicab liceflses,
if
requested, based OR public cOflveflieflce aftd flecessity;
(7) iflclude a phased ifl plaR for service improvements, particularly flotiflg any
iffiJ;lro't'erneI1ts inteflded to achie>"e better service to seflior citizeflS, people ",,,ith disabilities, or
other uflderserved populatiofls idefltified
by
the Directors;
(8) describe the fleet or associatioR' s partieipatiofl, afld goals for participatiofl, ifl user side
subsidy pfOgrams;
(9) calculate the fleet's or assoeiatiOfl' s user side subsidy program participatiofl data for the
pfOvious 12 mOflths;
(10) describe the fleet or associatiofl' s geogt'fl::f:lBic areas of service, ifleludiflg
aft)'
planfled
expaftsion ifl a seryice area or a ,.villingAess
to
serve areas that fleed additioflal servioe;
24
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(11) ealeulate prior taxicab produetiYKY, measared by the number of daily trips per cab or
an equivalent measurement;
(12) describe the fleet or association's de"t'elopment of and partieipation in innovative
taxicab sef'\'iees;
(13) list the number ofeonsumer complaints in"t'olving the fleet or association, by type, filed
with the County or another goveffiffient agency in tae past 24 months; and
(14) list tae number of enforcement actions against the fleet or association or its drivers of
v.rfiica the fleet or assoeiation is &\'iare, started and completed daring tAe past 24 months.
(0)
Any customer service plan filed after tae initial plan must
sftO'N
any caanges in the data
included in the initial plan, and any nev+, data reql.:lired by applicable regulations. (2004 L.M.C.,
£l1.E,
§
L)
Sec.
53~221.
User-side subsidy programs - participation.
Any fleet or associationFleet, Association and TNC must participate in the County's user-side
subsidy programs, as required by applicable regulations, unless the Director waives this
requirement for good cause. TNCs and TNC Operators may elect not to participate in user-side
subsidy programs by paying a surcharge in an amount to be determined under procedures
established in Section 53-107. (2004 L.M.C., ch. 27, §
1.)
Division 5. Taxicab Vehicles.
Sec.
53~222.
Mechanical inspection certificate.
Before a licenseLicense is issued under this Chapter, the applicant or operator must furnish a
certificate from a Maryland state- certified inspection station in good standing that a
comprehensive inspection, performed to state standards by a licensed state inspector, shows that
the vehicle is mechanically safe._ A license must not be issued if the vehicle has been driven
more than 150 miles since the inspection was performed. (2004 L.M.C., ch. 27,
§
1.)
Sec.
53~223.
Insurance required.
(a) Before the Director issues any passenger yeaiole licenseLicense under this Chapter, the
applicant must submit written proof of insurance or self-insurance for tae yeaiele that coversany
taxicab or TNC Vehicle. The insurance shall provide liability coverage for bodily injury or death
to any passenger or other person, and property damage, in minimum amounts
~required
by
applicable County regulations.
(b) The insurance must be provided by an insurer licensed to do business in the State or,
alternatively, under a self insurance program approved and administered by the state motor
veaiele ageneyMaryland Motor Vehicle Administration.
(c) If the insurance coverage lapses at any time during the license term, the taxicab lieense
License is automatically suspended. The licensee must immediately notify the Department,
step
operating tae taxicab, and surrender the lieenseLicense to the Department. The Director must
promptly reinstate the lieenseLicense if all required insurance coverage is documented to the
Director's satisfaction.
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(d) Each taxicab and TNC Vehicle must contain sufficient copies of a summary of insurance
information, in a form approved by the Director, that may be given to passengers, members of
the public, and law enforcement officers. The summary must include:
(l) the name and address of the vehicle owner;
(2) the vehicle's license tag number;
~
(3)
the insurance company name and policy number, where applicable;
-----11)
the name, address, office hours, and telephone number of the insurance claims office
responsible for adjusting any insurance claim arising from use of the vehicle; and
(4~
the name, address, and telephone number of the Department and any other government
agency where complaints regarding insurance claims handling may be filed. (2004 L.M.C .. ch.
27, §
1.)
Sec.
53~224.
State registration required.
The Director must not issue or renew a liceflseLicense unless the lieeflseeLicensee has
registered the twdcabvehicle in Maryland as a "class
BOO
for-hire vehicle with the Motor Vehicle
Administration for the year in which the liecBseLicense is applied for, and the registration
remains valid.-_ The liecBseeLicensee must notify the Department in writing not more than
2
business days after the lieeBseeLicensee receives notice that the vehicle registration is revoked or
suspended. (2004 L.M.C., ch. 27,
§
1.)
See.
S3 227.
Caotiosass 6f3eFldiao.
(a)
Bach lieeBsee must BatifY the Depa:rtmeftt iB .....'fitiBg at any time that:
(1)
a tli*icae
will
be or has eeen out of service for more than
3G
days, or
(2)
aB average of more than
15'$~
of the tli*icab "'lhese licenses are held by that licensee
have eeCB inactive during the previous calendar month.
(1:»
Bach notice must:
(1)
explain the reasons for each period of iflactivity; and
(2) sho...
>, ....
41y
the Direet:or should not reyoke the lieense of eaeh inaet:i'io
taJdeaa
for lack of
use.
(2GG4
L.M.C., ch.
27,
§
1.)
Sec.
53~225.
Procedure when vehicle placed in or removed from service.
(a) Each licenseeLicensee must notify the Department in writing at least
3
business days
before placing a taxicab in service.
(b) Each licenseeLicensee must place a taxicab in service within
90
days after a lieeBse PVL
is approved for issuance. Issuance of the license takePVL takes effect when the vehicle is placed
in service; if the vehicle is not actually placed in service, the licensePVL has not been issued.
The Director may extend the time to place a taxicab in service for no more than
90
additional
days:
(1)
to allow a vehicle to be retrofitted for use as an accessible taxicab; or
26
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(2) in the case of a fleet, to allow the fleet to buy the taxicab and prepare it to be placed in
service;
The Director must not otherwise ,+l;aive or eKtend this requirement.
(c) Each licenseeLicensee must notify the Department at least 3 business days before
removing a taxicab permanently from service, whether the owner junks the vehicle, sells it, or
transfers its title.
(d) Each licenseeLicensee must notify the Department if a vehicle's license plates have been
stolen or its registration or license has been suspended or revoked. Any vehicle without a valid
registration or with expired, revoked or suspended license plates must not be used to provide
taxicab service in the County.
(e) When a taxicab is permanently out of service, the licenseeLicensee must retHRl the license
to tlie Department and must remove the meter, cruising lights, and any other marking or sign that
identifies the vehicle as a taxicab.
ef)
Each licensee must receive the Department's appro'lal before taking a taxicab out of
service for a period longer than 30 days. The licensee must explain 'Nhy the taxicab is out of
service and list its license number, assigned vehiele number, and registration numbefs. If tlie
Department finds that the licensee lias good cause, as defined by applicable regulations, to take
the taJdcab out ofsef'vice, the Department may approve that action. If the Department rejects the
application, the licensee must promptly reinstate the taxicab in service.
A TNC or TNC Operator must notify the Department within 5 days after replacing any
approved vehicle and provide the make, model. year and VIN number of any replacement
vehicle.
(g) Any vehicle placed in service as a taxicab must not be more than 4-.2 model years old.
(2004 L.M.C., ch. 27,
§
1.)
CO
Sec.
53~226.
Age of vehicles.
lieenseefleet or individual that holds a PVL must not use any vehicle that is
more than
+~
model years old to provide taxicab service in the County. As used in this
Chapter, the "model year" of a vehicle is the year designated by the vehicle manufacturer,
as indicated on the vehicle or in the manufacturer's records. A licensee may maintain a
vehicle in service until the next December 31 after its seventh eighth model year ends if
the vehicle passes a comprehensive safety inspection performed during the preceding
August by a state-certified inspector in good standing.
!.liL-
~A
TNC Operator must not use any vehicle that is more than 10 model years old to
provide service under this chapter.
~
he Director may waive this requirement only to maintain an accessible
T
taxicab in service for no more than 90 days when the licensee shows that no
adequate replacement vehicle was available for purchase during the
preceding 90 days. (2004 L.M.C., ch. 27,
§
1.)
W-
~A
27
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Sec.
53~227.
Maintenance and t'epftit'Repair.
(a) Each licensee must maintain each taxieabvehicle in a clean and safe operating condition,
and properly maintain its lights, brakes, window glass, doors, tires, fenders, paint, upholstery,
and all devices and parts affecting the vehicle's safety, operation, or appearance.
(b) Each licensee must comply with any order of the Director to immediately remove from
service any tffideabvehicle which is not in safe operating condition, and to remove from service
within 5 days any taxieab vehicle that is not clean, sanitary, and of good appearance, until all
necessary repairs and replacement of defective equipment, painting, or cleaning has been
completed.
(c) Any taxieabvehicle removed from service under this Section must not be reinstated in
service until it has been inspected and approved under procedures established by applicable
regulation. (2004 L.M.C .• ch. 27,
§
L)
Sec.
53~228.
Vehicle numbering, lettering, and markings; rate chart.
(a) When a lieetlse
fof
a taxieabPVL is issued under this Chapter, the Department must assign
a license number
to
the taxicab. The licensee (or the fleet, if the vehicle is affiliated with a fleet)
must assign a vehicle number to each taxicab. The vehicle number must be permanently applied,
and plainly visible, and ftot less thaft 3 iftches high, Oft each. Except as specifically stated. TNC
Operators' vehicles are exempt from the requirements of the 2 sides, Oft eaeh of the 2 fear dOOf
wof eolUfft:fts, aftd Oft the rear of each taxicabthis Section.
(b) When the Director so orders, the license number must be affixed to the taxicab by decal or
metal tag provided by the Department in a manner approved by the Director. All TNC Operators
shall affix a decal, issued by the Department. on each vehicle in a place designated by the
Director.
(c) Numbers must be assigned only in the manner designated by the Director. A person must
not remove,· reassign, or change a number from one vehicle to another without written
authorization by the Department.
(d) The licensee must place lettering on the passenger side of the taxicab, in a form and
manner approved by the Director, identifying the licensee.
(e) A taxicab operating in the County must have the license number, and the name and
telephone number of the fleet or association that owns or operates it and to whom complaints can
be made, prominently displayed in the rear seat area of the taxicab with lettering and numbering
at least 1.5 inches high. If the operator is not the owner, as defined in Section 53-101, the name,
telephone number, and business address of the owner must similarly be prominently displayed.
(f)
A licensee must post a rate chart issued by the Department in the taxicab in a location
conspicuously visible to any passenger. (2004 L.M.C .. ch. 27,
§
1.)
Sec.
53~229.
Doors; lettering; color; special equipment.
(a) Each taxicab or TNC vehicle operated in the County must have at least 3 doors. All doors
must operate safely.
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(b)
A licensee or driver must not operate a taxicab unless the taxicab bears markings in letters
plainly distinguishable
aftd Hot less thaft 3 iHches high,
on each of the
2
sides of the taxicab,
showing the approved name
and telephoHe Humber
of the fleet or association by whom the
taxicab is owned or operated,
and the word "taxicab," "taxi" or "cab.",,­
(c) All taxicabs il'l a fleet or associatiol'l must be uniform iH color.
HOVf'6yer,
the
ec) Each
fleet or association must register its colors with the Department.
A
fleet or association may
register one or more color combinations, and any fleet or association may register black as one of
its colors. A fleet or association must not use colors that are similar to those of another fleet or
association so that the public can readily identify taxicabs by that fleet or· association. The
Director may approve advertising in different colors or markings as long as the public can still
readily identify taxicabs operated by that licensee, or the use of a set of different colors and
markings to identify a specialized service provided by or geographic area served by a fleet or
association. Any color or color combination approved by the Department, other than black, must
be reserved for the exclusive use of that fleet or association when the fleet or association is
operating taxicabs in the County.
(d) Each licensee must insure that each fleet or association uses only the approved name of
the fleet or association in advertising or listing its service to the public.
(2004 L.M.C., oh. 27,
§
-ht
ee) TNC vehicles are exempt from the requirements of this section. (2004 L.M.C., ch. 27, §
1J
Sec.
53~230.
Cruising lights.
Each taxicab mustmay, but is not required to. have cruising lights that operate electrically as a
sign or insignia mounted on the forward portion of the roof of the taxicab. These lights must not
be used until approved by the Department.
These lights must be desigtled so
that
the vehicle can
be easily idel'ltified as a taxicab.
(2004 L.M.C .. ch. 27,
§
I.)
See.
53~231.
Seat belts.
Each taxicab and TNC Vehicle must have one set of seat belts for the driver and each
passenger. The seat belts must be easily accessible and in good working order. (2004 L.M.C.,
ch. 27,
§
1.)
See.
53~232.
Taxicab meters.
~
--W-Each taxicab.
but not TNC vehicles, must be equipped with.,;.
ill.
an accurate, properly installed and connected taximeter which has a security seal
affixed by the Department:-; or
(2) a reliable. independently verifiable software-based metering system, approved by the
Department.
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(b) In addition to regular inspections, the Department may conduct periodic tests of these
meters,:, or metering systems. Upon successful completion of the tests,
tfle.ll:
taximeter must be
affixed with a security seal. and a software-based metering system must be marked in a manner
acceptable to the Department. These tests should be scheduled in a manner that minimizes
interruption of taxicab service to the public.
(c) Except as otherwise specified, the requirements for approval and methods of testing and
operation of taximeters must conform to specifications, tolerances, and standards for taximeters
set out in national standards or established by applicable regulation.
(d) A person must not alter the meter or change the mechanical condition of wheels, tires, or
gears of any taxicab with the intent to cause incorrect registration by the meter of the fare
charged to any passenger. (2004 L.M.C.. ch. 27,
§
I.)
Sec.
53~233.
Inspections.
(a) Each licensee must allow the Director to make reasonable inspections of any vehicle
licensed to operate under this Chapter, and must allow the Director to examine any business
record, including any maintenance record, in-service inquiry or dispatching record required to
analyze data and enforce this Chapter, and all trip records required under this Chapter.
Maintenance record includes any record needed to establish whether safety repairs have been
made, or that reflects the mileage and odometer readings of any vehicle.
(b)
On the request of any inspector or law enforcement officer, any licenseeLicensee or driver
must produce any required license or identification card &and a valid driver's license.
(c) Each driver must respond te an oral request within 60 minutes when
any
trip record
required under Section 315 is requested during a field investigation by an inspector or la'v;
enforcement officer. Eeeh fleet or association must make a:vailable a direct telephone line to the
Department
and
the County Police Department on ''!lhich the fleet or association must transmit
an)' reeord it possesses of an)' trip taken or dispatched on the same or the previous day, within 60
minutes after any inspector or law enforeement officer requests the record.
(d) Eaeh taxicab (c) Each vehicle licensed under this Chapter must undergo a complete
inspection of its mechanical condition and any special equipment used to transport persons with
disabilities every
ell
months at a time and place designated by the Department. The inspection
must be performed by a licensed state inspector at a state-certified inspection station in good
standing. The Director must immediately, without holding a hearing, suspend the licenseLicense
of any taxicabvehicle in an unsafe physical or mechanical condition. The Director must
immediately reinstate any unexpired suspended license after receiving satisfactory proof that the
violation or defect has been corrected. (2004 L.M.C .• ch. 27,
§
1.)
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ARTICLE 3. ARTICLE d. TAXICAB DRIVER IDENTIFICATION CARDS.
Division 1. General Identification Card Provisions.
Sec. 53-301. Driver Identification Card Required.
An individual must not operate a taxicab or TNC vehicle, or allow another individual to
operate a taxicab or TNC vehicle, unless that individual:
(a) has a valid Driver Identification Card; or
(b) has a valid Maryland Public Service Commission issued driver identification card; and
~
(e) is capable of performing all duties ofa taxioae driver. (2004 L.M.C .. ch. 27, §
1.)
Sec. 53-302. Display.
Each driver must display the identifioatioaDriver Identification card at all times prominently in
the taxicab or TNC vehicle in a location that is plainly visible to passengers. (2004 L.M.C .. ch.
27, §
1.)
Sec. 53-303. Transferability.
An ideatifieationA Driver Identification card must not be transferred. (2004 L.M.C .. ch. 27,
§
1.)
Division 2. Issuance, Denial, Expiration, and Renewal.
Sec. 53-304. Identification card issuance.
The Department must issue a taxioab driver ideatifieatioaDriver Identification card to every
driver who is qualified under this Chapter. (2004 L.M.C .. ch. 27,
§
1.)
Sec. 53-305. Contents of card.
A taxicab dri'.rer ideatifieatioaDriver Identification card must contain, at a minimum, the
driver's name and photograph, the card number and expiration date, and any other information
the Director reasonably requires. (2004 L.M.C .• ch. 27, §
1.)
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Sec. 53-306. Application; temporary card.
(a) A person who holds a valid identifieationDriver Identification card must apply refor a
renewal card not less than 30 days before the current card expires.
(b)
Under procedures established by regulation, a person may obtain
afl:
identifieationa Driver
Identification card by applying to the Director on a form provided by the Department that at a
minimum requires the person to provide:
(1)
the applicant's name, date of birth, current address, and any address where the applicant
resided during the past 5 years;
(2) a statement regarding whether the applicant has any criminal case pending, has ever
been convicted or plead no contest or received probation before judgment in lieu of a conviction
of a crime other than a non-incarcerable traffic offense; the nature of each crime, the disposition
of each matter, and the name, telephone number, and address of any parole officer or probation
officer or agency that may know of the offense or the proper completion of any sentence,
probation, or parole;
(3) an authorization for a state and federal criminal background check to be conducted by
the Criminal Justice Information System (CnS) and the appropriate federal agency;
(4) a copy of the applicant's fingerprints taken by the County Police Department or written
confirmation that the applicant's fingerprints were taken by another agency approved by the
Department, and current photographs of the applicant of a size and character required by
applicable regulation;
(5) a driver's license valid in the applicant's state of residence, and a certified copy of the
applicant's driving record for a time period as required by applicable regulation; and
(6) the applicant's statement under oath that all information contained in the application is
correct and complete.
(c)
(1)
An applicant who has not held an identification card, or who held a card that has
expired, may apply for a short-term temporary identification card under applicable regulations.
(2) The Director must not issue a temporary identification card unless the applicant has:
(A) properly verified his or her identity;
(B) a valid driver's license issued by Maryland or a bordering state (including the District
of Columbia);
(C) submitted his or her driving records, as compiled by the appropriate state motor
vehicle agency, for the previous 3 calendar years from any jurisdiction where the applicant held a
license to drive a motor vehicle; and
(0)
undergone a criminal background check, conducted by the appropriate state agency,
showing that the applicant is not disqualified because of a criminal conviction, receipt of
probation before judgment in lieu of a conviction, or pending criminal charge from operating a
taxicab; and
(E) passed the e,(amiaatioa reqHired under Section 53 308.
(3) After August 31, 2007, theThe Director must not issue a temporary or annual
identification card unless the applicant has shown, through a complete criminal background
check, that the applicant is not disqualified for any reason mentioned in Section 53-309(a).
(4) Any temporary identification card issued under this subsection must differ
conspicuously in style and color from the annual identification card.
(5) A temporary identification card expires en45 days after the earlier of:card was issued.
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(l\)
5 days after the Depart:J:rleHt receives the results of the Hatioft'lt'ide crimiHal
backgrouHd cheek;
Of
(B)
9g
days after the card ,\'as issued.
(6) The holder of a temporary identification card must return it to the Department, without
further proceedings, on the earlier of:
(A) the day the Department issues the holder an annual identification card under this
Chapter;
(B)
the 9t}tft4Sth day after the card was issued; or
(C)
1
business day after the Department notifies the holder that the card has expired under
subsection (c)(S1(A).
(7) By accepting a temporary identification card, the holder by operation of law waives any
cause of action against the County or any officer, employee, or agency of the County for
improperly issuing a license to the holder. By employing or leasing a taxicab to any person who
holds a temporary identification card, a taxicab licensee by operation of law waives any cause of
action against the County or any officer, employee, or agency of the County for improperly
issuing a license to that person.
(d) The Director may extend the expiration date of an identification card (iHclHdiHg a
temporary idefttificatioH card issued uHder subsectioH (e)) up to 60 days if:
(1)
the applicant has submitted all required documentation; and
(2) processing of required state or federal criminal background checks has been delayed
through no fault of the applicant. (2004 L.M.C., ch. 27, § 1; 2006 L.M.C., ch. 32, § 1.)
Sec.
53-307.
Physician's certificate.
(a) Before the Director issues aft ideHtifieatioHa Drivers Identification card,
ineh:ldiH~
than a temporary card issued under Section S3-306(c), the applicant must furnish a physician's
certificate, issued within the previous 30 days, which certifies that:
(1)
the applicant has been given a physical examination, including an initial tuberculosis test
and any other test required by applicable regulation; and
(2) the applicant is free from any communicable disease, and is not subject to any physical
or mental impairment that could:
(A) \'ldversely affect the applicant's ability to drive safely; or
(B) otherwise endanger the public health, safety, or welfare.
(b) As part of the renewal process, each applicant must submit another physician's certificate
containing the same information every second year.
(c) After issuing an identification card, the Director must require a driver to furnish a
physician's certificate, issued within 30 days, containing the same information, if the Director
has reason to believe that the driver may have any physical or mental impairment that could:
(1)
adversely affect the driver's ability to drive safely; or
(2) otherwise endanger the public health, safety, or welfare. (2004 L.M.C .. ch. 27, §
1.)
See. 53 308.
E'l:ftBliBfttiaB
of
ftpplieaBt.
Before issuiHg aft ideHtifieatioH eard, the Direetor mest require the 8f'plicaHt to shov" that the
applicaftt is able to:
(al
perform the deties and responsibilities of a mx.icab driver;
ftfla
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(8) pass an 6*aminatioft Oft kno·....ledge of traffic lavis, duties under this Chapter, and geBeral
qualifieetiofts to operate a'tlndeae ift the CouAty. -(2004 L.M.C., eh. 27,
§
1.)
Sec.
53~308.
Criteria to deny an identification earda Driver Identification Card.
The Director must not issue or renew an idefttifioation carda Driver Identification Card or TNC
License to any driver or applicant:
(a) who, within 5 years before the application is submitted, was convicted of, pled guilty or no
contest to, or was placed on probation without a finding of guilt for, or who when the application
is submitted, has a charge pending for, or who has, within 3 years before the application was
submitted, completed a sentence or period of probation based on a charge for:
(1)
any offense involving violence or a weapon;
(2) any sex offense;
(3) soliciting for prostitution;
(4)
illegal sale or use of alcoholic beverages;
(5) violation of any lawfelony governing controlled dangerous substances;
(6) ,tiolation of
any
gerniftg 18:\'1;
(7) any offense involving driving under the influence; or
(&2)
any act of moral turpitude;
(b)
who has a pattern of reasonably verifiable complaints of substandard customer service
during the previous 24 months;
(c) whose driving record during the 3 years immediately before the application was
submitted, demonstrates that the applicant is not a responsible, safe, or careful driver because the
applicant has received more than
4
points under applicable criteria defined by the state Motor
Vehicle Administration or the equivalent in another jurisdiction, or by other reasonably
verifiable evidence of unsafe or dangerous driving;
(d) who makes a false statement or gives a false answer to obtain, or who obtains, an
identification card by fraud, misrepresentation, misleading statements, evasion, or suppression of
material fact;
(e) who is unable to safely operate a trudcaemotor vehicle, or who may otherwise endanger
the public health, safety, or welfare, or who would be unable to fulfill the duties of a driver as
required by applicable regulation;
(f) who has substantial delinquent debts to the County, State, or Federal government; or
(g) whose record of violations of this Chapter or other laws or regulations of the County,
State, or any other jurisdiction indicates to the Director that to protect public safety en
identification carda Driver Identification Card or TNC License should not be issued.
If aft identification carda Driver Identification Card or 'INC License is denied or revoked, the
applicant is not eligible to reapply for 4--yea-r2 years, unless the Director for good cause otherwise
orders. (2004 L.M.C., ch. 27, § 1; 2006 L.M.C., ch. 32, §
1.)
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Sec. 53-M9309. Expiration of ideBtifieatioB eftl'dDriver Identification Card.
The first ideHtifieatioR eard A Driver Identification Card issued to a person under this
Chapter expires ORe year after it is issued. AR)' later idefltifieatioR eard eKpires 2 years after it is
issued. (2004 L.M.C .• ch. 27, §
1.)
Division 3. Duties of Drivers.
Sec. 53..J.l±310. Taxicabs from other jurisdictions.
(a) This Chapter does not prohibit a taxi driver licensed in another jurisdiction from bringing
passengers into the County if the trip originated in a jurisdiction where the driver and the taxicab
are authorized to operate.
(b) Except to the extent expressly permitted by federal or state law, a person who does not
have a lieeRse License and ideRtifieatioR earda Driver Identification Card issued by the County
must not solicit sHsiRess or piek Hp and transport passengers Taxicab Services in the County
uRless a passenger eflgaged tfie taKieas to sriRg the passenger into tfie COHnt)', vfflit for the
passenger, and then take the passeRger to another loeation.
(c) The Director may enter into reciprocal agreements with other jurisdictions regarding the
ability of taxicabs licensed elsewhere to pick up and carry passengers in the County.
(d) Any taxicab licensed in the County must only provide trips that either begin or end in the
County, except a trip:
(1) dispatched under the operational procedure of the Metropolitan Airports Authority; or
(2) provided under a contract approved by the Director and on file with the Department.
(e) Any taxicab operating under a lieensePVL issued under this Chapter must not obtain or
operate under a license to provide taxicab service in any other jurisdiction. (2004 L.M.C .. ch.
27,
§
1.)
Sec.
53~311.
Notice of change of address.
Each driver must notify the Department, in writing, not less than 2 business days after
changing a business or residential address or required telephone number. (2004 L.M.C., ch. 27,
§ 1.)
Sec. 53-MJ312. Duty to accept and convey passengers.
(a) Each driver of a taxicab or TNC Vehicle must accept any passenger and convey any
passenger where directed upon dispatch or request, unless:
(1)
the taKieas vehicle is out of service;
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(2) the driver is expressly committed to another passenger, or
(3) the driver is prohibited by this Chapter or another law or regulation from accepting the
passenger.
(b) A driver must not refuse to transport a passenger because of the passenger's disability,
race, color, marital status, religious creed, age, sex, national origin, sexual orientation, gender
identity, or geographic location.
(c) A driver may refuse to transport a passenger if the driver reasonably believes the driver's
life or safety is in danger.
(d) Any driver who refuses to transport a passenger must:
(1) immediately report the incident and circumstances to the dispatcher, and
(2) submit a written report to the Department on a form approved by the Director not later
than 2 business days after the incident. (2004 L.M.C., ch. 27,
§
1; 2007 L.M.C .. ch. 18,
§
1.)
Editor's note-Section 53-313 is cited in Doe v. Montgomery County Board of Elections, 406
Md. 697, 962 A.2d 342 (2008) and Doe v. Montgomery County Board of Elections, 406 Md.
110,956 A.2d 199 (2008).
Sec.
53-M4313.
Passenger receipts.
W-
-A
taxicab driver must give each passenger a receipt showing the name of the fleet or
association, the taxicab number, the time and place of origin and destination of each trip,
and the amount of the fare, on a form authorized by the Department, unless the passenger
declines to receive the receipt.
(b) Each TNC or TNC Operator must provide an electronic receipt to each passenger that
includes all of the information required in subsection (a) of this Section.
(2004 L.M.C .. ch. 27,
§
1.)
See. S3 31S. Trip reeaf'Eis.
(a) Each driyer
must
keep an origiHal writteH record, for a period of 6
mOfttfis,
of
all
ift
service trips
Oft
a fofffi appro'/ed By the Depar..rneHt. Eaefi in service trip nnist ae entefed on tfie
trip record at tfie point of piekup.
(b) The dRyer must submit trip records to the DepartmeHt wfiene'ler the Director requires.
(e) Each trip reeord must iflelude the date, the driver's startiflg flHd efldiflg time, and the
taxicab's starting and ending mileage for the dri'ler's v;ork day.
(d) Each rest areak the driver takes must be efltered Ofl the trip record. (2004 L.M.C., eh. 27,
t--h1
Sec.
53..J.:Ut314.
Out of service notice.
When a taxicab is not operating, the driver must display a notice visible to the public that the
taxicab is out of service. This notice must take a form approved by the Director. (2004 L.M.C.,
ch. 27,
§ 1.)
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Sec.
53~315.
Parking at taxicab stands.
(a) A driver must not park in a taxicab stand unless:
(1) the taxicab is in service,
(2) the driver is in or within 50 feet of the taxicab, and is awake, and
(3) the driver is clearly visible from the taxicab and the area adjacent to
it.
(b) A person, including a TNC Operator, must not park any vehicle other than a taxicab at a
taxicab stand. (2004 L.M.C .. ch. 27, §
1.)
Sec.
53-M8316.
Parking to solicit business.
A driver must not park in any publicly controlled parking space, whether restricted by parking
meter or posted by official signs, to solicit business. However, a tlfi¥eftaxicab or TNC Vehicle
may park in a publicly controlled parking space, after paying any required fee, while waiting to
receive a dispatch assignment. (2004 L.M.C., ch. 27,
§
1.)
Sec.
53-M9317.
Trips to be made by most direct route.
A passenger may request that a driver take a specific route to the passenger's destination.
Otherwise, a driver must make all trips by the most direct route from the point of pickup to the
point of destination. However, the driver may suggest, and the passenger may approve, a less
direct route that may take less time under the circumstances. (2004 L.M.C., ch. 27, § 1.)
Sec.
53~318.
Accident reports.
(a) Each taxi driver and TNC Operator must submit to the licenseeCounty not more than 24
hours after the accident a written report of any accident involving an in-service _taxicab or
TNe
Vehicle operated by the driver if any property was damages damaged or any person was injured.
(b)
The report must include the driver's name; driver's identification card number; taxicab
number, TNC License number; date, location, time, and description of the accident; and whether
a police report was filed.
(0)
The Police Depftftment must foRvard any official police report of an accident invol'iing a
taxicab licensed under this Chapter to the Department when it is available to
any
paRy._ (2004
L.M.C.. ch. 27,
§
1.)
Sec.
53~319.
Use by other persons prohibited.
A person who holds an identification carda Driver Identification Card under this Chapter must
not pennit the card to be used by any other person. (2004 L.M.C .. ch. 27,
§
1.)
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Sec.
53~320.
Hours of operation.
A full time driver or TNC Operator must not drive a trudeab vehicle for hire more than 12
hours during any 24-hour period. A part-time driver must not drive a taxicab or TNC Vehicle
more than 4 hours during any 24-hour period in which the driver is otherwise employed for 8 or
more hours. (2004 L.M.C .. ch. 27,
§
1.)
Sec. 53-3:2J321. Driver and passengers only permitted in vehicle; exception.
When a taxicab is in service, a person other than the driver and the passengers must not be
allowed in the taxicab, except:
(a) a person participating in a driver training program operated by the licensee; or
(b) a passenger's personal care attendant. (2004 L.M.C., ch. 27,
§
1.)
Sec. 53-JU322. Maximum number of passengers.
A driver must not carry more people in a taxicab than the number designated on the license.
(2004 L.M.C., ch. 27,
§
1.)
Sec.
53~323.
Group riding.
(a) A taxicab may be used to jointly serve passengers who have not previously notified the
driver or dispatcher of their intention to travel together and whose trips either begin or end at
different locations.
(b) Each person sharing a taxicab must consent to share the ride with others.
(c) A driver must not solicit other passengers en route to the destination of the passengers
who already occupy the taxicab.
(d) A person seeking taxicab service must not be refused service so that the driver may try to
arrange a more profitable grouping. (2004 L.M.C .. ch. 27,
§
1.)
ARTICLE 4. DRIVER AND PASSENGER CONDUCT.
Sec. 53-401. Alcoholic beverages; controlled dangerous substances.
(a) A person may transport alcoholic beverages in a taxicab or TNC Vehicle only if all
beverages are sealed.
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(b) A controlled dangerous substance must not be transported in a taxicab or TNC Vehicle
unless the substance was properly prescribed to the person who possesses it. (2004 L.M.C., ch.
27,
§
1.)
Sec. 53-402. Smoking.
Smoking is prohibited in any taxicab or TNC Vehicle at all times. (2004 L.M.C., ch. 27,
§
1.)
Sec. 53-403. Duty of passenger to pay fare.
A person who uses a taxicab or TNC Vehicle must pay any lawful charge due before leaving
the taxiealwehicle. (2004 L.M.C., ch. 27,
§
1.)
ARTICLE 5. ACCESSffiILITY.
Sec. 53-501. Standards.
(a) A person must not operate an accessible taxicab until the Department approves the special
equipment required by applicable regulations.
(b) Each accessible taxicab or TNC Vehicle must conform to the Americans with Disabilities
Act standards and all other applicable federal, state, and County standards. (2004 L.M.C .• ch.
27,
§
1.)
Sec. 53-502. Interior numbering and lettering.
The lieensee Licensees must post any interior taxicab vehicle identification required under this
Chapter in Braille. (2004 L.M.C., ch. 27, § 1.)
Sec. 53-503. Training.
Any lieenseeLicensee who transports passengers who use wheelchairs or scooters must train
each driver on the special needs of persons with disabilities. The training program must be
approved by the Department after consulting the Commission on People with Disabilities; and
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the Department of Health and Human Services, and the Taxicab Services i\dvisory Committee.
This training should be made available to any driver who is issued an identification card under
this Chapter. (2004 L.M.C., ch. 27, §
1.)
Sec. 53-504. Duty to accept and transport persons with disabilities.
Without limiting the general duty to accept and convey passengers, the driver of an accessible
taxicab must respond to a call for service from a person with a disability who uses a wheelchair
or scooter and who is located in the same geographic zone before accepting any other call.
Be:eh
liceftseeEach taxicab fleet. participating TNC or association must dispatch an accessible taxicab
to a person with a disability who uses a wheelchair or scooter before assigning the accessible
taxicab to any other passenger. (2004 L.M.C .. ch. 27, §
1.)
See. S:; SOS. heeessi):,le taxieo):' trip reeords.
Eaeh driyet' mast keep a earreHt written reeord of all aecessible taxicaB trips Oft a form
approved By the DepartmeHt. The driyer mast sttbmit these trip records to the lieeRsee. The
lieeRsee mast s1:t1:lmit
qt:tarterly
trip records to DepartmeRt listiRg the Rl:tmber of ,...41eelchair and
seooter asers traflspOFted iR each vehiele. (2004 L.M.C., eh. 27,
§
1.)
Sec.
53~505.
Number of accessible taxicab licenses.
(a) The overall number of accessible taxicab liceRsesLicenses must not be less than 5% of the
total of available County taxieab licenses Licenses.
(b) The Department must set the number of new accessible trudcab liceftsesLicenses by
regulation, based on past and current demand and after consulting the Taxicab Serviees Advisory
Committee, the Commission on People with Disabilities; and the Department of Health and
Human Services.
(e) After cORsidering the recommendatioRs of the TaxicaB Services AdYisory Committee, the
DepartmeRt may establish, by regulation, a method to allow temporer), Feplaeement of aeeessible
vehicles with sedans.
Cd)
Eaoh fleet and assoeiatioft (c) Each taxicab fleet, association and participating TNC
must provide an adequate number of accessible taxicabs to meet service demand 24 hours per
day, 7 days a week, as required by applicable regulation. (2004 L.M.C .. ch. 27, § 1.)
ARTICLE 6.
ENFORC~MENT.
Sec. 53-601. Duty of licensees and drivers generally.
Each licensee, passenger, and driver must comply with this Chapter and all applicable laws and
regulations. (2004 L.M.C .. ch. 27, §
1.)
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Sec. 53-602. Obstruction and hindering of investigations; false statements.
(a) A person must not obstruct or hinder an official investigation being conducted by any
inspector, enforcement agent, or law enforcement officer.
(b) a person must not obtain or attempt to obtain, or prevent or attempt to prevent the
suspension or revocation of, a license or identification card by fraud, misrepresentation, false or
misleading statement, or omission of any material fact (2004 L.M.C., ch. 27,
§
1.)
Sec. 53-603. Penalty for violations .
.uu...
----faIn addition to any fine or penalty established by the Executive for a violation of
this Chapter, any unlicensed vehicle that is providing Taxicab Services within the
County in violation of this Chapter shall be subject to immediate impoundment.
-Di)
Any violation of this Chapter or regulations adopted under it, or any violation of an order
of the Director, is a Class A violation.
(b£)
The Executive, by regulation, may establish a schedule of fines for violations of this
Chapter, any regulations adopted under it, or any order issued under it Those fines may be
lower than the maximum fine for a Class A violation, and once adopted, may supersede the fine
otherwise imposed for a Class A violation for those provisions to which the regulation applies.
(2004 L.M.C., ch. 27, §
1.)
Sec. 53-604. Suspension or revocation of license or identification card.
(a) The Director may revoke or suspend any license or identification card, as appropriate, if,
after notice and opportunity for a hearing, the Director finds that:
(1) facts existing before or after the issuance of a license or identification card would be
cause under this Chapter for the Director to refuse to issue or renew the license or card;
(2) a licensee or driver violated this Chapter or regulations adopted under it, or any other
applicable federal, state, or County law;
(3) a licensee or driver has been convicted of any crime of moral turpitude, including a
crime of violence, sex offense, or violation of a controlled dangerous substance or gaming
lawfelony;
(4) a licensee or driver obtained or attempted to obtain a license or identification card by
fraud, misrepresentation, false or misleading statement, or omission of material facts; or
(5) a licensee or driver operated a taxicab or INC vehicle, or allowed a taxicab or INC
vehicle to be operated, in a manner that endangered the public health, safety, or welfare, or
'<'lith
a reeord of substandard eustomer serviee as defined by applieable regulation.
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(b)
In addition to the reasons specified in subsection (a), the Director may revoke or suspend a
license or identification card if:
(1) the Department received a consistent pattern of reasonably verified complaints against
the licensee or driver within any 12 month period, or the Department received a reasonably
verified complaint involving a threat
to
the public health, safety, or welfare;
(2) the licensee or driver was convicted of, pled no contest to, or was placed on probation
before judgment for operating a motor vehicle under the influence of or while intoxicated with
alcohol or a controlled dangerous substance, or for reckless driving; or
(3) The licensee or driver was convicted of failure to stop after involvement in an accident
or has a driving record which indicates an unsafe driving pattern or disregard for motor vehicle
laws.
(c) A revocation or suspension under subsection (a)(3) must remain in effect, pending appeal,
until the criminal action is concluded.
(d) This Section is in addition to any other provision of this Chapter that establishes cause
to
suspend or revoke a license or identification card.
License has been revoked must not reapply for
(e) A person whose identification card or
another identification card or TNC License for at least 2 years.
(f)
If the Director finds an immediate threat to the public safety or health, the Director, before
holding a hearing, may immediately suspend, revoke, or deny the issuance or renewal 04 a
license or identification card. (2004 L.M.C., ch. 27,
§ 1.)
mc
Sec. 53-605. Notices of violations and actions.
In
addition to any other notice required by law:
(a) the Department must send a copy of any notice of violation issued to a driver to the
licensee of any vehicle involved in the violation, unless the driver is also the licensee; and
(b)
each fleet or association The Department must notify each affiliatesend a notice of
an,..
action takeA or proposed actioA takeA regarding any lieense held by
that
affiliate, or regarding the
dri'.'eF of anyviolation issued to a taxicab for whiehdriver or TNC Operator to the appropriate
taxicab fleet, association or TNC and the affiliate holds the lieense, of which thetaxicab fleet-or.1
association is a'Nare,
if
the affiliate is not otherwise required
to
he notified of the aetion or
proposed aotion.or TNC shall cooperate to insure that the driver or TNC Operator has notice of
such violation. (2004 L.M.C., ch. 27,
§ 1.)
ARTICLE 7. HEARINGS, APPEALS, AND JUDICIAL REVIEW.
Sec. 53-701. Administrative appeal of certain denials.
(a) A person may appeal to the Director from a decision of the Department refusing to issue
or renew a driver identification card or license, including the opportunity to compete for a license
under the lottery procedures ofthis Chapter because of a lack of qualifications.
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(b) An appeal must be filed in writing within 15 days after the Director sends the person a
written decision. If the appellant requests a hearing, the Director must provide an opportunity
for a hearing under Chapter 2A.
(c) The decision of the Director under this Section is final administrative action for purposes
ofjudicial review. (2004 L.M.C .. ch. 27,
§
1.)
53-702. Hearing on suspension or revocation.
(a) Upon determining that one or more grounds for suspension or revocation of a license or
identification card exist, the Director must serve a written notice on the licensee or driver, as
appropriate, in person or by U.S. mail, first class, postage prepaid, addressed to the licensee's or
driver's last known address as maintained in the licensee's or driver's file.
(b) Service on the licensee or driver by mail is effective 7 calendar days after mailing under
this Section.
(c) The written notice must:
(l)
notify the recipient that the Director has found that the license or identification card may
be subject to suspension or revocation;
(2) specify the grounds for the Director's finding; and
(3) set a date for a hearing.
(d) The Director must set a hearing date as required by Chapter 2A unless the licensee or
driver and the Director agree to an earlier date, in which case other filing deadlines may be
shortened to expedite a hearing without prejudicing either the appellant or the Defendant.
(e) The hearing may be conducted by the Director or a hearing officer. At the hearing, the
licensee or driver may present evidence and witnesses to refute the grounds cited by the Director
to suspend or revoke the license or identification card, and the Department and any other person
may submit relevant evidence. The administrative record compiled by the Department under this
Chapter must be made part of the hearing record. After the close of the hearing, the person who
conducted the hearing must render a decision in writing, giving the reasons for the decision. The
action taken by the Director is the Department's final administrative action and is subject to
judicial review.
(f)
Any person who requests a copy of the hearing transcript must pay the cost of preparing it.
(g) A licensee or driver who does not appear at the hearing waives the right to a hearing and
consents to the action that the Director proposed in the notice. The Director may then suspend or
revoke the license or identification card as proposed in the notice.
(h) A licensee or driver who does not appear at the hearing must pay the costs of the hearing
unless that person notifies the Director that he or she will not appear at least 5 days before the
scheduled hearing. Fees and costs for hearings may be established by regulation.
(i) A suspension or revocation takes effect on the earlier of the day that the Director's written
decision is delivered in person or 3 days after
it
is placed in the U.S. mail, first class, postage
prepaid, addressed to the last known address of the licensee or driver. To facilitate enforcement
of this provision, the Director may require the licensee or driver to appear at the Director's office
at a specific time to receive a copy of the decision and surrender the license or identification
card. The licensee or driver must comply with the Director's order. (2004 L.M.C .. ch. 27,
§
1.)
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Sec. 53-703. When effective; surrender of license.
(a) After receiving notice of a revocation or suspension, unless otherwise directed, the
licensee or driver must, within 24 hours:
(1) place the licenseLicense or
identificatiOf~Driver
Identification card in the mail, first
class, postage prepaid, addressed to the Department; or
'
(2) physically deliver the License or identificationDriver Identification card to the
Department.
(b)
If the Department does not receive the IicenseLicense or identificationDriver
Identification card within 48 hours after notification, excluding weekends or a legal holiday, or
as directed, the licensee or driver has violated this Chapter and, in addition to any other penalty
that may be imposed, the Director or police may:
(1)
remove the revoked or suspended license or identification card from the taxicab or TNC
Vehicle;
(2) seize the taxicab or TNC Vehicle and hold it until the licefl:seLicense or
identifieationDriver Identification card is surrendered; or
(3) demand the return of the licenseLicense or identificationDriver Identification card by the
appropriate person. (2004 L.M.C., ch. 27,
§
1.)
Sec. 53-704. Judicial review - denial, revocation, or suspension.
(a) Any person aggrieved by the denial, suspension, or revocation of a license or
identification card may apply for judicial review under the applicable Maryland Rules of
Procedure.
(b) If a transcript of any administrative proceeding has not been prepared, the appellant must
pay the cost of preparing the transcript.
(c) The Director's decision to deny a license or driver identification card must not be stayed
pending judicial review. Final administrative action that revokes or suspends, or refuses to
renew, a license or identification card may be stayed pending judicial review only if the court
finds, after a full evidentiary hearing, that the public health, safety, or welfare will not be
endangered during the period ofjudicial review.
(d) A lottery or other license issuance procedure may proceed while judicial review of the
denial of a license or the opportunity to compete for a license is pending. Judicial modification
or reversal of a final administrative action to deny a license or the opportunity to compete for a
license does not affect the validity of any other license that was properly issued under this
Chapter. If the court finds that a license was improperly denied, the court may order the Director
to issue the license, notwithstanding any numerical limit in this Chapter on the number of
licenses that can be issued. However, a license must not be issued to the appellant until all rights
to judicial review have been exhausted.
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(e) Any decision of the Circuit Court on an appeal under this Section may be appealed to the
Court of Special Appeals. (2004
LM.C.,
ch. 27,
§
1.)
VERSION 4.5
1/5/2015
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COMCOR - Code of Montgomery County Regulations
CHAPTER 53. TAXICABS - REGULATIONS
1
MONTGOMERY COUNTY CODE
CHAPTER 53, ARTICLE 6. ENFORCEMENT, SEC. 53-603
PENALTY FOR
VIOLATIONS-REGULATIONS
1
COMCOR 53.603.01 Taxicab Fines
COMCOR 53.603.01 Taxicab Fines
CHAPTER 53. TAXICABS - REGULATIONS
1
MONTGOMERY COUNTY CODE
CHAPTER 53, ARTICLE 6. ENFORCEMENT, SEC. 53-603 PENALTY FOR
VIOLATIONS-REGULATIONS
1
COMCOR 53.603.01 Taxicab Fines
153.603.01.01
General Provisions
53.603.01.01 General Provisions
53-106(d)
$100.00
Rates.
CHAPTER 53. TAXICABS
REGULATIONS
1
MONTGOMERY COUNTY CODE
CHAPTER 53, ARTICLE 6. ENFORCEMENT, SEC. 53-603 PENALTY FOR
VIOLATIONS-REGULATIONS
1
COMCOR 53.603.01 Taxicab Fines
153.603.01.02
Taxicab Licenses
53.603.01.02 Taxicab Licenses
Division 1. General License Provisions.
53-201 (a)(c)(d)
$500.00
53-202
50.00
53-203(a)(b)
$500.00
Types of Licenses; cross-ownership.
Required.
Display.
$
53 -204(a)(b)(c)(f)(g) Transferability; security interest.
$500.00
Division 2. Issuance, Denial, Expiration, and RenewaL
53-212(e)
$500.00
Division 3. Duties of Licensees.
53-217(a)(b)(c)
Notice of Change of Address.
American Legal Publishing Corp.
Special licenses.
$
1
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50.00
53-218
50.00
53-219(a)(b)(c)(d)( e)(f)
$150.00
Responsibility of licensees, affiliates, and drivers.
Quarterly accident reports.
$
Division 4. Additional Duties of Fleets and Associations.
53-220(a)(b)(c)(d)( e)(f)(g)
$150.00
53-221 (a)(b)(c)
$150.00
53-222(a)(b)(c)
$500.00
53-223
$500.00
Division 5. Taxicab Vehicles.
53-224
50.00
53-225
$500.00
53-225(b)
$500.00
53-225(c)
$500.00
53-225(d)
50.00
53-226
$150.00
53-227(a)(b)
$150.00
53-228
State registration required.
Continuous operation.
Procedure when vehicle placed in or removed from
Insurance required.
53-225(a)
Mechanical inspection certificate.
Essential requirements.
Operating requirements.
Customer service plan.
User-side subsidy programs.
$
$
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service.
53-228(a)
75.00
53-228(b)
$150.00
53-228(c)
50.00
53-228(d)
$150.00
53-228(e)
$500.00
53-228(f)
50.00
53-228(g)
50.00
A licensee must not use any vehicle that is more
53-229(a)
than 7 model years old unless approved by Director to maintain accessible service.
$500.00
53-230(a)(b)(c)
$100.00
53-231(a)(b)(c)(d)(e)(f)
rate chart.
$ 50.00
53-232(a)(b)(c)(d)
$ 50.00
53-233
50.00
53-234
50.00
53-235
Taxicab meters.
53-235(a)
$100.00
Seat belts.
Maintenance and repair.
Vehic1e numbering, lettering, and markings, and
Doors, lettering, color, and special equipment.
Cruising lights.
$
$
$
$
$
$
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53-235(d)
$500.00
53-236(a)(b )(c)(d)
$100.00
Inspections.
CHAPTER 53. TAXICABS - REGULATIONS / MONTGOMERY COUNTY CODE
CHAPTER 53, ARTICLE 6. ENFORCEMENT, SEC. 53-603 PENALTY FOR
VIOLATIONS-REGULATIONS / COM COR 53.603.01 Taxicab Fines / 53.603.01.03
Taxicab Driver Identification Cards
53.603.01.03 Taxicab Driver Identification Cards
Division 1. General Identification Card Provisions.
53-301
$500.00
53-301(b)
75.00
53-302
$100.00
53-303
$500.00
Display.
Transferability.
$
Identification Card Required.
53-301(a)
Division 2. Issuance, Denial. Expiration. and Renewal.
53-306(c)(6)(A)(B)(C)
$ 50.00
Division 3. Duties of Drivers.
53-311(a)(b )(d) (e)
$500.00
53-312
$ 50.00
53-3 13(a)(b)(c)(d)
$250.00
53-314
Taxicabs from other jurisdictions.
Notice of change of address.
Duty to accept and convey passengers.
ID card must be returned to department after expiration.
Passenger a receipts.
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$ 50.00
53-315(a)(b)(c)(d)
$100.00
53-316
$ 50.00
53-317
$100.00
53-317(b)
$ 50.00
53-318
$ 50.00
53-319
$100.00
53-320(a)(b)
$ 50.00
53-321
$500.00
53-322
$250.00
53-323(a)(b)
$ 75.00
53-324
$100.00
53-325(a)(b)(c)(d)
$ 75.00
Parking
to
solicit business.
Trips to be made by most direct route.
Accident reports.
Use by other persons prohibited.
Hours of operation.
Driver and passengers only permitted in vehicle; exception.
Maximum number of passengers.
Group riding.
Trip records.
Out of service notice.
Parking in Taxicab Stands.
53-317(a)
CHAPTER 53. TAXICABS ­ REGULATIONS
1
MONTGOMERY COUNTY CODE
CHAPTER 53, ARTICLE 6. ENFORCEMENT, SEC. 53-603 PENALTV FOR
VIOLATIONS-REGULATIONS
1
COMCOR 53.603.01 Taxicab Fines 153.603.01.04
Driver and Passenger Conduct
53.603.01.04 Driver and Passenger Conduct
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53-401
substances.
$100.00
Alcoholic beverages; controlled dangerous
53-401(a)
53-40 1(b)
$250.00
53-402
$ 75.00
53-403
$100.00
Smoking.
Duty of passenger to pay fare.
CHAPTER 53. TAXICABS - REGULATIONS
1
MONTGOMERY COUNTY CODE
CHAPTER 53, ARTICLE 6. ENFORCEMENT, SEC. 53-603 PENALTY FOR
VIOLATIONS-REGULATIONS
1
COMCOR 53.603.01 Taxicab Fines 153.603.01.05
Accessibility
53.603.01.05 Accessibility
53-50 1(a)(b)
$ 50.00
53-502
$ 50.00
53-503
$ 50.00
53-504
disabilities.
53-505
$100.00
53-506(d)
$100.00
Number of accessible taxicab licenses.
Duty to accept and transport persons
with
$250.00
Accessible taxicab trip records.
Training.
Standards.
Interior numbering and lettering.
CHAPTER 53. TAXICABS - REGULATIONS
1
MONTGOMERY COUNTY CODE
CHAPTER 53, ARTICLE 6. ENFORCEMENT, SEC. 53-603 PENALTY FOR
VIOLATIONS-REGULATIONS
1
COMCOR 53.603.01 Taxicab Fines 153.603.01.06
Enforcement
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53.603.01.06 Enforcement
53-602(a)(b)
statements.
$250.00
Obstruction and hindering of investigations; false
(Administrative History: Reg. No. 6-05 (Method 2); Orig. Dept.: Public Works and
Transportation)