Expedited Bill No.
53-14
Concerning: Taxicabs - Licenses -
Vehicle Requirements - Driver
Identification Cards
Revised: 07/21/2015,
Draft No. 8
Introduced:
October 28. 2014
Enacted:
July 21. 2015
Executive: - - - - - - - - -
Effective: - - - - - - - - -
Sunset Date: _.N-=o=n;,;::.e_ _ _ _ __
Ch. _ _ , Laws
of~ont.
Co. _ __
\
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmembers Floreen, Berliner, Riemer, Council President Rice ancf
Councilmember Navarro
AN EXPEDITED ACT
to:
(1)
[[permit the holder of a fleet Passenger Vehicle License to grant a sublicense to
another person on certain conditions]] [[require]] authorize the Department of
Transportation to implement a centralized electronic taxicab dispatch system;
(2)
require the Executive to establish uniform lease and affiliation agreements. set
maximum lease and affiliation rates. and compile a list of tvoes and amounts of
other charges that a licensee may charge a driver:
ill
provide a process for resolving disputes between fleets and drivers:
ill
delete certain reporting and customer service plan requirements:
ill
increase the age limits for vehicles used as taxicabs;
[[(3)]],(fil
amend certain requirements for color and markings of vehicles used as
taxicabs;
[[(4)]]ffi
allow software-based meters to be used in taxicabs;
[[(5)]]ill
amend certain requirements for temporary identification cards for taxicab
drivers; [[and]]
[[(6)]](21
permit the holder of a fleet Passenger Vehicle License to grant a sublicense
to another person on certain conditions: and
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generally amend the laws governing the licensing and regulation of taxicabs.
By
amending
Montgomery County Code
Chapter 53, Taxicabs
Sections 53-101. 53-103. 53-106. 53-110. 53-201, 53-203. 53-204. 53-205. 53-209. 53-211.
53-212. 53-213. 53-214. 53-215. 53-216. 53-217. 53-218. 53-219. 53-221. 53-222. 53-223.
53-224. 53-225. 53-226. 53-227. 53-228, 53-229, 53-230. 53-231, 53-232, 53-233, 53-234.
53-235, 53-306, 53-307, [[and]] 53-308. 53-309. 53-310. 53-311. 53-312. 53-313. 53-314.
53-315. 53-316. 53-317. 53-318. 53-319. 53-320. 53-321. 53-322. 53-323. 53-324. 53-503.
53-505. 53-506. 53-604. and 53-702
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ExPEDITED BILL
No. 53-14
By
adding
[[Section 53-204A]] Sections 53-103A. Uandll 53-111. and 53-204A
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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EXPEDITED BILL No. 53-14
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Sec. 1. Sections 53-101. 53-103. 53-106. 53-110. 53-201, 53-203. 53-204.
53-205. 53-209. 53-211. 53-212. 53-213. 53-214. 53-215. 53-216. 53-217. 53-218.
53-219. 53-221. 53-222. 53-223. 53-224. 53-225. 53-226. 53-227. 53-228, 53-229,
53-230. 53-231, 53-232, 53-233, 53-234. 53-235, 53-306, 53-307, [[and]] 53-308:!
53-309.53-310.53-311.53-312.53-313.53-314.53-315.53-316.53-317.53-318.
53-319.53-320.53-321.53-322.53-323.53-324.53-503.53-505.53-506.53-604.
and 53-702 are amended, and [[Section 53-204A is]] Sections 53-103A. [[and]]
53-111. and 53-204A are added, as follows:
53-101. Definitions.
In this Chapter, unless the context indicates otherwise:
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Association
means [[5 or more]] individual licensees who join together to
form a business entity to provide taxicab service utilizing a single trade name
consisting of a minimum of six licenses.
*
[[Committee]]
*
*
Commission means the Taxicab Services [[Advisory
Committee]] Commission.
*
*
*
Dispatch
means the traditional methods of pre-arranging vehicle-for-hire
service. including through telephone or radio.
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*
*
*
Entity
means a legally formed business organization in good standing,
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including any form of sole proprietorship. limited liability company. cooperative.
corporation or partnership.
Fleet
means any entity that holds
in
its own name [[5]] six or more licenses.
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*
*
*
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EXPEDITED BILL No. 53-14
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Individual Licensee
means a person or entity who has an ownership interest
in no more than five licenses and who is required to either affiliate with a Fleet or
an Association in order to provide Taxicab Service.
*
*
*
[[Special license
means a license to provide taxicab service to a population,
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based on geographic location or special need, that the Director finds would be
underserved by existing taxicab service.]]
*
between points chosen by the passenger:
(
1)
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*
Taxicab Service
means carrying one or more passengers for compensation
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regardless of how or when engaged, for a fare that is based on the
distance traveled, time elapsed, or both, except as
~xpressly
authorized
in this Chapter; or
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(2)
after being engaged by hail from a street, or from a parking lot, taxi
stand, or other location where the vehicle is waiting for a request for
service.
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A person who provides for-hire transportation service without a valid license or
permit from an appropriate governmental authority is a provider of illegal taxicab
service irrespective of the type of vehicle used.
*
(a)
*
*
53-103. Taxicab Services [[Advisory Committee]] Commission.
The County Executive must appoint, subject to confirmation by the
County Council, a Taxicab Services [[Advisory Committee]]
Commission.
(b)
The [[Committee]] Commission must:
(1)
advise the Director in carrying out duties and functions under this
Chapter; [[and]]
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EXPEDITED BILL No. 53-14
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(2)
meet quarterly or more frequently if requested by the County
Executive or County Council or if the Chair or Commission finds
it necessary;
ill
evaluate the performance of the taxicab industry in serving
members of the population with special transportation needs,
such as senior citizens and people with disabilities[[.]]: and
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conduct the biennial review of the taxicab industry under Section
53-104.
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(c)
The [[Committee]] Commission consists of [[5]] four public members
and [[4]] seven taxicab industry members. The County Executive
[[should]] must appoint members so that:
(1)
one public member represents senior citizens, and another public
member represents people with disabilities;
(2)
[[two]] three of the [[4]] seven taxicab industry representatives
represent management and [[2]] four are taxicab drivers; and
(3)
[[one]] two of the [[2]] four drivers [[is an owner-driver]] are
owner-drivers and [[one is a]] two are non-owner [[driver]]
drivers ..
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(d)
The Director or the Director's representative [[must service as an ex-
officio non-voting member. The Director of the Office of Consumer
Protection, or the Director's representative,]] and the Chair of the
Council Transportation. Infrastructure. Energy and Environment
Committee or the Chair's representative must [[also]] serve as [[an]]
ex-officio non-voting [[member]] members.
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(e)
A [[Committee]] Commission member serves for a term of [[3]] three
years, or until a successor is confirmed, whichever is later. A member
must not serve more than [[2]] two consecutive full terms. A person
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EXPEDITED BILL No. 53-14
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appointed to fill a vacancy serves for the remainder of the predecessor's
term.
(t)
The [[Committee]] Commission must annually select one public
member as chair.
53-103A. Biennial Review of the Taxicab Industry.
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W
Between September 1 and November 15 of each even-numbered year.
the Taxicab Services Commission must conduct a review of the Countv
taxicab industrv including:
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at least one public hearing;
solicitation of comments from stakeholders:
an evaluation of:
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CA)
the economic condition of the :taxicab industrv; and
the adequacy of service rendered by the industry.
all
Qi}
The Commission must submit a report to the Executive and County
Council not later than December 1 of the year the review is conducted.
describing the status of the industry and identifying any changes to the
regulation of the industry that the Commission finds necessarv or
desirable. including:
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changes to the number of licenses in circulation:
changes in taxicab rates set under Section 53-106;
changes in fees set under Section 53-107;
changes in insurance requirements under Section 53-225 or
applicable regulation;
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changes to the accessibility requirements under Article 5;
changes to the affiliation and dispatch requirements under this
Chapter; and
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ill
(£)
any other changes that the Commission determines would
improve the delivery of taxicab services.
The review of economic condition of the industry must include
consideration of taxicab rates. lease and affiliation rates. and industry
fees charged to and by licensees and drivers.
In
reviewing the rates and
fees. the Commission must consider:
ill
driver income compared to the County minimum wage: and
the cost of industry-related regulatory and enforcement
expenditures.
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*
53-106. Rates.
(a)
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*
The County Executive must set taxicab rates by regulation to promote
the public interest after holding a public hearing and considering the
recommendations of the [[Committee]] Commission.
*
system.
*
*
53-110. [[Customer service requirements]] Centralized electronic dispatch
[[(a) A regulation issued by the Executive must establish:
(1)
specific
customer
service
requirements
and
minimum
performance criteria applicable to each licensee, but which may
vary by type of licensee:
(2)
the required submission dates for any customer service plan and
other data that licensees must regularly submit;
(3)
the dates certain minimum levels of service and other
performance requirements must be met; and
(4)
the consequences of failure to meet any requirements.
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EXPEDITED BILL No. 53-14
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The service requirements and performance criteria must focus on recurring problems
with customer service that the Department has identified through customer
complaints or otherwise.
(b)
These regulations must also include:
(1)
performance-based qualifications and requirements for receiving
additional licenses under Section 53-205;
(2)
the standards and procedure by which the Director may deny or
revoke a license if a licensee does not meet any mandatory
customer service requirement;
(3)
defined geographic areas of service, subject to modification as
provided in Section 53-222(b)(10), and minimum acceptable
service parameters for each geographic area;
(4)
information required for a review or audit of performance criteria
and data submission;
( 5)
guidelines for a complaint resolution process for customer
complaints that employs, to the extent feasible, an independent
mediation or dispute resolution mechanism;
(6)
guidelines for procedures each fleet or association must employ
to keep each person who calls for servfoe informed of the status
of that person's request;
(7)
any special procedures that the Executive concludes are
necessary to assign appropriate priority to service requests from
persons with special medical needs or non-emergency travel to
or from medical facilities; and
(8)
the percentage of calls for prearranged service that should be
picked up within 10 minutes, and the percentage of calls for
immediate service that should be picked up within 20 minutes.
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(
d)
The Executive by regulation may set a different response
standard for each type of service. "Prearranged service" is
service requested, by telephone or electronically, at least 2 hours
before the passenger is scheduled to be picked up.
(c)
As a condition of receiving a license under this Chapter, each licensee
must agree that all data submitted under this Section is public
information.
The Director must regularly make that information
available to the public in an annual report on taxicab service in a format
set by regulation, and in any other fashion that the Director finds will
inform the public.
The Director, after consulting the Taxicab Services Advisory
Committee, may use any reasonable mechanism to collect more data
that may be used to measure and evaluate customer service
performance, including complaint data, customer surveys, and service
sampling techniques.]]
W
The Executive. by method
(2)
regulation. may approve one or more
centralized electronic dispatch systems to· dispatch taxicabs for trips
that begin in the County through an Internet-enabled application. digital
platform. or telephone dispatch system.
(hl
Within six months after the approval of the first system. everv taxicab
driver licensed under this Chapter must use a centralized electronic
dispatch system approved under this Section.
!£),
A centralized electronic dispatch system approved under this Section
must:
ill
offer an Application Programming Interface that allows other
aooroved systems to dispatch all drivers using that system;
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dispatch the taxicab closest to the person requesting service.
regardless of which system that taxicab is using;
adequatelv protect the privacy of passengers and the security of
passengers and drivers;
allow only licensed taxicab drivers to use the system;
maintain. and make available to the Director upon request.
verifiable records. in a form prescribed by the Director.
summarizing responses to requests for service made under the
system;
,(fil
provide users with an option to see and request an accessible·
taxicab: and
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!ill
~
be accessible to the blind and visually impaired and the deaf and
hard of hearing.
A centralized electronic dispatch system approved under this Section
may charge processing fees as allowed by regulation.
Nothing in this Section prohibits a licensee from using or being
dispatched by any other two-way dispatch system.
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53-111. Uniform agreements; maximum lease and affiliation rates and other
charges.
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The Executive must establish. by method (2) regulation:
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uniform lease'. sublicense. and affiliation agreements which must
conform to the minimum requirements of Section 53-218:
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maximum lease. sublicense. and affiliation rates that a licensee
may charge a driver: and
a list of types and amounts of other charges that a licensee may
charge a driver.
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(hl
Maximum lease. sublicense. and affiliation rates. and other charges that
a licensee may charge a driver. must be set at amounts determined by
the Executive to:
ill
enable the licensee to receive adequate revenues to pay the
licensee's reasonable expenses and receive a fair and reasonable
rate of return on the licensee's investment; and
ill
(£)
provide drivers with an opportunity to earn a fair and reasonable
mcome.
In determining the inaximum lease rates. the Executive must consider:
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vehicle. equipment and license costs:
asset depreciation;
the costs of insurance. operation and maintenance. uninsured
repairs. wages and salaries. garage storage. taxes. fees. two-way
dispatching and administration. as well as all other periodic
expenses paid by the licensee: and
ill
(dl
any other factors that the Executive considers appropriate to
further the ·purposes of this Chapter.
The Executive must periodically review the maxrmum lease.
sublicense. and affiliation rates. and other charges that a licensee may
charge a driver. to ensure that the rates and charges are consistent with
the objectives expressed in this section.
W
The Executive may require all licensees to provide such financial
information as may be reasonably necessary to establish maximum
rates and charges allowed under this Section. Information submitted
under this subsection is confidential and must not be disclosed to the
public.
ARTICLE 2. TAXICAB LICENSES.
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(d)
53-201.
Required.
Division 1. General License Provisions.
(a)
A person must not provide taxicab service without possessing a license
as required under this Chapter.
(b)
[A] crnxcept as provided in subsection (c)(3),
fill HAJJ
Except as
provided in subsection
(c)(3).
a license must be issued only to the owner
of each taxicab.
(c)
A [licensee] person must not operate a taxicab or provide taxicab
service unless the [licensee] person either:
(1)
(2)
holds a fleet license; [or] or
holds one or more individual licenses and is affiliated with an
association or a fleet[.] [
£.;.
or
holds
~
sublicense granted
~ ~
holder of
~
fleet license under
Section 53-204A and is affiliated with that
fleet]]~
or
holds a sublicense granted by a holder of a fleet license under
Section 53-204A and is affiliated with that fleet.
A licensee must hold a license for each taxicab.
A licensee must own a taxicab associated with each license.
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*
*
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*
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53-203. Types of licenses; cross-ownership.
Nothing is this Section prohibits a fleet or association from providing
non-taxicab for-hire driving services as defined under State law and not
regulated by the County.
53-204. Transferability; security interest.
(a)
(b)
Any license must not be transferred except as provided in this Chapter.
A license may be transferred only if:
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(
d)
(
c)
(1)
the license was first issued before January 1. 2015:
the
license~
al
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)]]U)
the Director finds that the proposed transferee meets all
requirements of this Chapter and applicable regulations; and
[[(3)]]ill
the licensee surrenders the license when the Director
approves the transfer.
[[Except in the case of a transfer under subsection (f), a license issued
to any licensee may be transferred only if the license was not issued or
transferred within the previous three years.·
The Director must not approve the transfer to an individual of a license
issued to a fleet if:
( 1)
the same fleet has already transferred more than two 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.
Until December 31, 2009, the Director, after receiving a written request
from a licensee, may waive either limit in this subsection on transferring a license
issued to a fleet when the Director concludes that a waiver is necessary to avert a
potential significant loss of service or to preserve or promote adequate taxicab
service in all areas of the County, and the waiver will not reduce or impair
competition, public welfare, and public safety. If the Director waives either limit
for a fleet, the Director must at the same time waive the same limit for each o1her
fleet so that each fleet's share of the waivers approved for all fleets is at least the
same as that fleet's share of all fleet licenses when the application for a waiver was
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filed. The Director may attach reasonable conditions to any waiver, including
requirements for purchase of commercial liability insurance and maintenance of
minimum numbers of accessible vehicles and limits on the number of new licenses
a company can apply for or receive in a 2-year period after it transfers existing
licenses.
(e)]] The Director must not approve 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. This subsection does not prohibit the sale or
transfer of a license to a licensee that held more than 40% of the licenses
in effect on October 1, 2004, or the sale or .transfer of all or a majority
of the licenses held by that licensee.
[[(f)]](Ql
A security interest may be created in a passenger vehicle license 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:
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*
original license.
*
*
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[[(g)]]W A transferred license is valid for the remainder of the term of the
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A fleet or individual that transfers a license must not be issued a new
license for three years after the transfer of the license.
[[53-204A. Sublicenses.
.{fil
The holder
of~
fleet license may grant
~
sublicense to another person
under this Section.
.{hl
A sublicense may be granted only if:
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EXPEDITED BILL No. 53-14
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~
ill
the holder
of~
fleet license notifies the Department in writing of
the proposed grant not less than 30 days before the date of the
proposed grant, specifying all terms and conditions of the
proposed grant and the identity of the proposed grantee;
ill
the Director finds that the proposed grantee meets all
requirements
for~
licensee under this Chapter and applicable
regulations; and
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the Director approves the grant of the sublicense.
~
The Director must not approve
grant of
~
sublicense if the grantee
already holds, or would then hold, more than 40% of the total number
of licenses then
in
effect.
@
The holder
of~
sublicense is subject to all of the requirements of this
Chapter that apply to
~
licensee.]]
53-204A.
Sub licenses.
Lru
all
The holder of a fleet license may grant a sublicense to another person
under this Section.
A sublicense may be granted only if:
ill
the holder of a fleet license notifies the Department
in
writing of
the proposed grant not less than 30 days before the date of the
proposed grant. specifying all terms and conditions of the
proposed grant and the identitv of the proposed grantee:
m
ill
the Director finds that the proposed grantee meets all
requirements for a licensee under this Chapter and applicable
regulations: and
the Director approves the grant of the sublicense.
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!£)
The Director must not approve a grant of a sublicense if the grantee
already holds. or would then hold. more than 40% of the total number
of licenses then in effect.
UU
The holder of a sublicense is subject to all of the requirements of this
Chapter that apply to a licensee.
53-205. Periodic issuance of new licenses.
(a)
Notice.
The Director may periodically issue new licenses to qualified
applicants or reissue any license that has been revoked or not renewed
under this Chapter, as provided in this Section. The Director must
advertise the availability of these
licenses~
at least one newspaper of
general circulation in the County for [[2]] two 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.
*
(
c)
*
*
Individual allocation.
Of the new or reissued licenses issued in any 2-
year period, [[20%]] at least 50% 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
three years;
(2)
(3)
have a superior driving record, as defined by regulation; and
do not already hold a license 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
license under this subsection, the Director may allocate the remaining licenses to
individuals who already hold a license under this Chapter.
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(d)
Biennial limit.
During calendar year [[2006]] 2016 the Director must
not issue more than 70 new licenses.
In
each later even-numbered year,
the Director may issue a total number of new licenses that does not
exceed 10% of the number of licenses then in effect.
(e)
Additional licenses
-
extraordinary authority; population limit.
The
Director may issue more licenses than are authorized under subsection
(d) if the Director finds, after holding a public hearing, that additional
taxicabs are necessary to improve service to specified geographic areas
or types of taxicab users or generally to increase competition.
However, the total number of licenses issued must not exceed [[1]] one
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.
(f)
Individual limit.
Notwithstanding any other provision of this Section,
the Director must not issue [[more than 1O]]
~
new or reissued
[[licenses] license [[in any 2-year period]] to any licensee that holds
[[or controls]] more than 40% of the licenses then in effect.
*
53-209. Individual license application.
*
*
*
*
*
ill
previous 36 months.
attest that the applicant has not transferred any license during the
*
53-211. Fleet license application.
*
*
*
*
(k)
*
attest that the applicant has not transferred [[the ownership of]] any
license during the previous [[24]] 36 months.
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EXPEDITED BILL No. 53-14
399
400
401
402
*
Sec. 53-212. [[Special licenses.
*
*
(a)
In
addition to the licenses regularly available for issuance, the Director
may issue special licenses to qualified applicants to provide innovative
taxicab service, on an experimental or permanent basis, such as:
(
1)
403
404
405
transportation for persons with special transportation needs,
including:
(A)
(B)
(C)
(D)
406
407
senior citizens;
people with disabilities;
citizens in up-county and rural areas; or
citizens using hospital, senior centers, and other
underserved locations or areas;
408
409
410
411
412
(2)
jitney service, which is service over a regular route on a flexible
schedule; or
413
414
415
(3)
(b)
similar transportation services.
The availability of licenses under this Section must be advertised in at
least one newspaper of general circulation in the County for 2
consecutive weeks. 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 licenses.
416
417
418
419
420
421
422
(
c)
Licenses must be issued on a competitive. basis using criteria set by
regulation that are intended to achieve a high level of taxicab service.
The Director may establish appropriate procedures, fees, and conditions
to issue a license under this Section.
423
424
425
(
d)
The Director may revoke a license issued under this Section at any time
for noncompliance with this Chapter or failure to provide the service
for which the license was issued.
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EXPEDITED BILL No. 53-14
426
427
428
429
430
431
432
433
434
435
436
437
438
439
440
441
442
443
444
445
446
447
448
449
450
451
452
(e)
The licensee must return any license issued under this Section to the
Department:
(1)
when the vehicle. is no longer eligible to provide the required
service; or
(2)
if the Director revokes the license because the service is no
longer needed or was underused during a reasonable time after
the license was issued.
53-213.]] Criteria to deny a license.
The Director must not issue or renew a license to any person, licensee, or
applicant:
(a)
who, within [(5]] five 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]] three years before the
application was submitted, completed a sentence or period of probation
based on a charge for:
*
(5)
*
*
[[violation of]] any felony [[law governing]] involving
controlled dangerous substances;
(6)
[[violation of any gaming law;
(7)]] any offense involving driving under the influence of alcohol; or
[[(8)]](1}
any act of moral turpitude;
*
*
(b)
applicant:
*
*
*
[(53-214]] 53-213. Additional criteria to deny a license.
*
The Director may decline to issue or renew. a license to any licensee or
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EXPEDITED BILL No. 53-14
453
454
455
456
457
458
459
460
461
462
463
464
465
466
467
468
469
470
471
472
473
474
475
476
477
478
479
*
(4)
*
*
who has not [[operated at the customer service levels required by
applicable regulations, or has not]] complied after reasonable
notice with any required safety, operational, or inspection
requirement of this Chapter.
*
*
*
*
*
*
[[53-215]] 53-214. Expiration of license.
*
[[53-216]] 53-215. Renewal of license.
*
*
*
[[53-217]] 53-216. Notice of change of address.
*
W
*
[[53-218]] 53-217. Quarterly [accident] reports.
Each licensee,,, or fleet or association on behalf of an affiliated
individual licensee. must submit a quarterly report that:
ill
ill
Q:U
[[detailing]] details all accidents involving any of its taxicabs to
the Department on a form approved by the Director: and
shows the mileage driven by the vehicle associated with each
license.
The Director may require a more :frequent report.
*
*
*
[[53-219]] 53-218. Responsibility of licensees, affiliates, and drivers.
*
(b)
*
*
Each licensee must promptly take appropriate action when the licensee
becomes aware from any source that a driver of a taxicab for which the
licensee holds the license or regarding which the licensee is a party to
an affiliation agreement has not complied with all requirements of this
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EXPEDITED BILL No. 53-14
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481
482
483
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491
492
493
494
495
496
497
498
499
500
501
502
503
504
505
(
e)
(
d)
(c)
Chapter [[and the customer service standards adopted under this
Chapter]].
Each licensee must exercise due diligence to monitor the activities of
each driver of a taxicab for which the licensee holds the license or
regarding which the licensee is a party to an affiliation agreement to
assure that the driver complies with all requirements of this Chapter
[[and the customer service standards adopted under this Chapter]].
Notwithstanding the legal status of any driver as an independent
contractor rather than an employee of the licensee, for the purposes of
this
Chapter~
[[(and particularly the customer service standards adopted
under this Chapter)]] the responsibility of each licensee for the conduct
and performance of drivers under this Chapter:
(1)
(2)
applies to each driver, including affiliates of the licensee; and
prevails over any inconsistent contract or other agreement
between a licensee and an affiliate or a driver.
Any contract or other operating agreement between a licensee and any
affiliate or driver must use the applicable uniform agreement adopted
by regulation under Section 53-111 and 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 licensee's obligation to take appropriate action when
the licensee becomes aware that a driver has not complied
with any requirement of this Chapter [[or customer service
standard]];
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EXPEDITED BILL No. 53-14
·' 506
507
508
509
510
511
(2)
empower the licensee to take appropriate action, as required in
subsection (b); [[and]]
(3)
not restrict a driver, affiliate, or taxicab owner from providirig
taxicab service in the County after the contract or agreement
expires or is
terminated[[.]]~
512
513
514
515
516
517
518
519
520
521
522
523
524
525
526
527
528
529
530
531
532
(
f)
ill
ill
Lfil
not exceed a term of one year:
not require a driver or affiliate to use the fleet or association
system for processing credit card transactions: and
not be subject to automatic renewal.
[[(
1) Any contract or other operating agreement between a licensee
and any affiliate 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 or a customer service standard
adopted under this Chapter. The implementing regulations may
specify that certain classes of disputes are not subject to this
process.
(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.]]
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EXPEDITED BILL No. 53-14
I
!
533
534
535
536
537
538
539
540
541
542
543
544
545
546
547
548
549
550
551
552
553
554
555
556
557
558
559
A licensee must not impose on a driver or affiliate:
ill
a charge of more than [[5% of the transaction for processing a
credit card payment]] 1
%
over bank. merchant services . and
equipment provider fees paid by the licensee on any credit card
transaction: or
ill
any other charge of a type or amount other than those on the list
adopted by regulation under Section 53-111.
53-219. Dispute Resolution.
1fil
Definitions.
In
this Section:
ill
Dispute
means a disagreement between a person who holds a
taxicab driver identification card issued under this Chapter and
the fleet or association under whose colors the person drives over
whether an action taken by the fleet or association to terminate.
suspend or impair the person's abilit)r to drive under the fleet or
association's colors. or to terminate. suspend or impair the
person's right to enjoy the resources and benefits provided by the
fleet or association. on the same basis as other similarly situated
fleet or association drivers. was reasonable and based upon good
cause.
ill
Good cause
means one or more of the causes for revocation of
an identification card under Section 53-604. or a material failure
of a driver to comply with established. written rules or practices
of the c?mpany or to perform in accordance with his or her
written contract with the company. after reasonable notice and
an opportunity to comply or perform.
ilil
Each fleet or association may have a written dispute resolution
procedure as part of its agreements with its affiliates or drivers. so long
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EXPEDITED BILL No. 53-14
560
561
562
563
564
565
566
567
568
569
570
571
572
573
574
575
576
577
578
579
580
581
582
583
584
585
586
~
as such dispute resolution procedure incoroorates. at a minimum.
binding arbitration pursuant to the American Arbitration Association
Commercial Arbitration Rules. R-1 through R-58.
If
a fleet or association has an agreement with an affiliate or driver that
does not include a dispute resolution procedure meeting the
requirements of subsection (b). then disputes will be subject to
resolution under this subsection.
ill
disputes must first be the subject of an internal gnevance
procedure conducted as follows:
CA)
the aggrieved party must submit a complaint in writing to
the fleet or association within 30 days from the date of the
fleet or association's action. containing a written statement
of the matter in dispute and the names. addresses and
telephone numbers of each party to the dispute.
Qll
within two weeks after the submission of the written
complaint. the fleet or association must appoint a
representative from within the fleet or association to hear
the dispute. The representative must have had no direct or .
indirect involvement in the dispute.
(Q
within two weeks after appointment. the representative
must conduct an informal hearing concerning the dispute.
all
£m
both parties must use best efforts to resolve the dispute.
within two weeks after the hearing has been concluded. the
fleet or association representative must provide a written
decision.
(2l
If
the dispute is not resolved through the internal gnevance
procedure. both parties may agree to informal or formal
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EXPEDITED BILL No. 53-14
!
587
588
589
590
591
592
593
594
595
596
597
598
599
mediation of the dispute. pursuant to paragraph (3 ). If the parties
fail to agree to mediation. either partv may elect to proceed to
arbitration. pursuant to paragraph (4).
ill
Informal or formal mediation.
(A)
within two weeks after the internal grievance procedure
has been concluded. any partv requesting mediation must
submit a written notice requesting mediation to all parties.
Oil
within two weeks after such notice has been submitted. the
parties may agree to an impartial person to mediate the
dispute in an informal process. If the parties do not agree
to informal mediation. the party requesting mediation
must submit a written Request for Mediation to the
American Arbitration Association (AAA). If the parties
are unable to agree to mediation. either party may elect to
proceed to arbitration. pursuant to paragraph (4).
600
601
602
603
(Ql
a request for mediation must contain a brief statement of
the dispute. and the names and addresses and telephone
numbers of each partv to the dispute.
604
605
all
ail
the mediator must notify all parties of the time. date and
place of the mediation.
the costs of the mediation must be borne equally by the
parties unless they agree otherwise in writing.
606
607
608
609
610
611
LD
the mediation conducted by AAA must be in substantial
accord with the American Arbitration Association
Commercial Mediation Rules. M-1 through M-17.
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EXPEDITED BILL No. 53-14
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613
614
615
616
617
618
619
620
621
622
623
624
625
626
627
628
629
630
631
632
633
634
635
636
637
638
(G)
the mediator may end the mediation if. in the sole
discretion of the mediator. the continuation of the
mediation would not be useful.
an
the parties in mediation must use their best efforts to
resolve the issues
in
controversy and the mediator may
execute a written settlement agreement if agreed on by the
parties but may not impose a settlement on the parties.
ill
Where neither the internal grievance "procedure nor mediation. if
attempted. has resolved the dispute. either party may submit the
matter to arbitration. which is binding upon the parties. Such
arbitration must be conducted as follows:
(A)
within two weeks after the mediation process or the
internal grievance procedure has been concluded. the party
requesting arbitration must submit a written notice of
intent to arbitrate to all parties.
all
within two weeks after such notice has been submitted. an
impartial person to arbitrate the dispute must be agreed
upon by the parties. or. if the parties do not agree. the partv
requesting arbitration must submit a written request for
arbitration to the (AAA) and simultaneously mail a copy
of the request for arbitration to every partv to the dispute.
(kl
a request for arbitration must contain a brief statement of
the dispute. and the names and addresses and telephone
numbers of each partv to the dispute.
ml
the
arbitrator must notify
all parties
and
their
representatives. if any. of the time. date and place of the
arbitration.
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EXPEDITED BILL No. 53-14
' 639
640
641
642
643
644
645
646
647
648
649
650
651
652
653
~4
ail
the costs of the arbitration must be borne by the partv
which does not prevail. unless· the parties agree otherwise
in writing. or the costs are otherwise apportioned by the
arbitrator if there is no prevailing party.
(El
the arbitration. whether conducted by AAA or another
arbitrator chosen by the parties. must be in substantial
accord with the American Arbitration Association
Commercial Arbitration Rules. R-1 through R-56.
(!ll
the arbitrator may conclude the arbitration hearing if in the
sole discretion of the arbitrator. continuation of the hearing
would not be useful.
an
within two weeks after the arbitration hearing has been
concluded. the arbitrator must render an award in writing.
which must be binding upon the parties and which may be
enforced by any court having jurisdiction over the parties.
*
53-221. Operating requirements.
*
*
655
656
657
658
659
660
661
662
663
664
665
Each fleet and association must:
(a)
provide [[its own]] centralized administrative, vehicle maintenance,
customer service, complaint resolution, dispatch, management,
marketing, operational, and driver training services located in the
County, or at one or more [[other]] 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
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EXPEDITED BILL No. 53-14
666
667
668
669
670
671
(2)
from another fleet or association if the Director finds that joint
operations ·of this type:
(A)
would promote competition and rmprove customer
service; and
(B)
would not impair the independence of any fleet or
association;
672
673
674
675
676
677
678
679
680
681
682
683
684
685
686
687
688
689
690
691
*
(c)
Director;
*
*
operate under [[uniform]] colors and markings approved by the
(d)
[[submit a customer service plan as required by applicable regulations
that specifies how the fleet or association will achieve the plan's goals
for safe, reliable customer service and on-time performance;
(e)]] submit accurate, verifiable operating and statistical data reports as
required under this Chapter;
[[(f)
]](ru
provide an adequate number of taxicabs to meet service demand 24
hours a day, 7 days a week, as defined by applicable regulations; and
[[(g)]]ill comply with all requirements of this Chapter regarding the provision
of accessible taxicabs.
*
53-222. [[Customer Service Plan.
*
*
(a)
Each fleet and association is responsible for providing timely, safe,
reliable quality taxicab service. To that end, each fleet and association
must submit to the Director a customer service plan as required by
Section 53-110 and applicable regulations.
(b)
At a minimum, each fleet and association's initial customer service plan
must:
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EXPEDITED BILL No. 53-14
692
693
694
695
696
697
698
699
700
701
702
703
704
705
706
707
708
709
710
711
712
713
714
715
716
717
(1)
specify the fleet or association's anticipated percentage of trips
that will achieve the applicable response time standards set under
Section 53-l 10(b)(8) for prearranged service requests and calls
for immediate service, or submit proposed response times for
immediate and prearranged service that are different in any
service area specified by the fleet or association. When different
response times are proposed, the plan must describe why the
differences are proposed, considering growth in a service area or
the fleet or association's willingness to serve areas that need
additional service;
(2)
include timelines to achieve the proposed standards if they will
not ht? met in the next year;
(3)
describe any operational changes the fleet or association intends
to implement that would result in improved service;
(4)
describe what procedures the fleet or association will employ to
keep each person who calls for service informed of the status of
that person's request;
(5)
describe any special procedures the fleet or association will use
to assign appropriate priority to service requests that involve
persons with special medical needs or non-emergency trips to or
from medical facilities;
(6)
specify the number of taxicabs needed to achieve response times,
and justify an increase in taxicab licenses, if requested, based on
public convenience and necessity;
(7)
include a phased-in plan for service improvements, particularly
noting any improvements intended to achieve better service to
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EXPEDITED BILL No. 53-14
718
719
720
721
722
723
724
725
726
727
728
729
730
731
732
733
734
735
736
737
738
739
740
741
742
743
744
senior citizens, people with disabilities, or other underserved
populations identified by the Directors;
(8)
describe the fleet or association's participation, and goals for
participation, in user-side subsidy programs;
(9)
calculate the fleet's or association's user-side subsidy program
participation data for the previous 12 months;
(10) describe the fleet or association's geographic areas of service,
including any planned expansion in a service area or a
willingness to serve areas that need additional service;
(11) calculate prior taxicab productivity, measured by the number of
daily trips per cab or an equivalent measurement;
(12) describe the fleet or association's development of and
participation in innovative taxicab services;
(13) list the number of consumer complaints involving the fleet or
association, by type, filed with the County or another
government agency in the past 24 months; and
(14) list the number of enforcement actions against the fleet or
association or its drivers of which. the fleet or association is
aware, started and completed during the past 24 months.
(c)
Any customer service plan filed after the initial plan must show any
changes in the data included in the initial plan, and any new data
required by applicable regulations.
53-223.]] User-side subsidy programs - participation.
Any fleet or association must participate in the County's user-side subsidy
programs, as required by applicable regulations[[, unless the Director waives this
requirement for good cause]].
[[53-224]] 53-223. Mechanical inspection certificate.
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EXPEDITED BILL No. 53-14
745
746
747
748
749
750
751
752
753
754
755
756
757
758
759
760
761
762
763
764
765
766
767
768
769
770
*
[[53-225]] 53-224. Insurance required.
*
*
(a)
Before the Director issues any passenger vehicle license under this
Chapter, the applicant must submit written proof of insurance or self-
insurance for the vehicle that covers bodily injury or death to any
P8:ssenger or other person, and property damage, in the following
amounts [[required by applicable regulations]],;,
ill
$50.000 for bodily injurv or death per person:
$100.000 for bodily injury or death per accident: and
$ 25.000 for property damage.
m
ill
*
*
[[53-227]] 53-226. Continuous operation.
*
*
*
[[53-226]] 53-225. State registration required.
*
(a)
Each licensee must keep each licensed taxicab in continuous operation
as defined by applicable regulation.
(bl
The Executive must by method
operation using a formula that:
(2)
regulation define continuous
ill
uses calendar-quarterly reports submitted by each fleet and
association showing mileage driven by each vehicle associated
with a license held by. or affiliated with. each fleet and
association: and
m
requires average per-vehicle mileage to be at least 60% of the
County-wide average for each quarter. unless the Director. by
written request. waives the requirement.
!£l
Each licensee must notify. the Department in writing at any time that:
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EXPEDITED BILL No. 53-14
771
772
773
774
775
776
777
778
779
780
781
782
783
784
785
786
787
788
789
790
791
792
793
794
795
796
797
(1)
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.
[[(b)]]Ull
(
1)
Each notice must:
explain the reasons for each period of inactivity; and
show why the Director should not revoke the license of each
inactive taxicab for lack of use.
(2)
[[53-228]] 53-227. Procedure when vehicle placed in or removed from service.
*
(f)
*
*
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 fmds that the licensee has good cause, as defmed 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
or return the license.
(g)
Any vehicle placed in service as a taxicab must not be more than [4]
five model years old.
[[53-229]] 53-228. Age of vehicles.
(a)
A licensee must not use any vehicle that is more than [7]
[[fil]
eight
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
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EXPEDITED BILL No. 53-14
798
799
800
801
802
803
804
805
806
807
808
809
810
811
812
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.
*
*
(a)
*
*
*
*
[[53-230]] 53-229. Maintenance and repair.
[[53-231]] 53-230. Vehicle numbering, lettering, and markings; rate chart.
When a license for a taxicab 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 not less than 3 inches high, on each
of the
2
sides, on each of the
2
rear door roof columns, and on the rear
of each taxicab].
813
*
(a)
*
*
814
815
[[53-232]] 53-231. Doors; lettering; color; special equipment.
Each taxicab operated in the County must have at least 3 doors. All
doors must operate safely.
816
817
818
(b)
A licensee or driver must not operate a taxicab unless the taxicab bears
markings in letters plainly distinguishable [and not less than 3 inches
high,] on each of the2 sides of the taxicab, showing the approved name
[and telephone number] of the fleet or association by whom the taxicab
is owned or operated[, and the word ''taxicab," ''taxi" or "cab."].!
819
820
821
822
(
c)
[All taxicabs in a fleet or association] Each fleet or association must [be
uniform in color] register its colors with the Department. A fleet or
association may register one or more color combinations, and any fleet
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(
d)
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 operated
:!2y
that fleet or association. [However, the] The Director may approve
advertising in different colors or markings
~s
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.
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.
[[53-233]] 53-232. Cruising lights.
Each taxicab [must] [[may, but is not required
:ill.i]]
must have cruising lights
that operate electrically as a sign or insignia mounted on the forward portion of the
roof of the taxicab. [These] Cruising lights must not be used until approved by the
Department,!,[.These lights][[_,_ and]] Cruising lights may be removable. but must be
mounted when the vehicle is in use as a taxicab. and must be designed so that the
vehicle can be easily identified as a taxicab.
*
[[53-234]] 53-233. Seat belts.
*
*
*
*
*
[[53-235]] 53-234. Taxicab meters.
(a)
Each taxicab must be equipped
with~
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(b)
an accurate, properly installed and connected taximeter which
has a security seal affixed by the Department[.].;_ or
~
reliable, independently verifiable software-based metering
system, approved
.Qy
the Department.
In
addition to regular inspections, the Department may conduct periodic
tests of these meters or metering systems. Upon successful completion
of the tests, [the]
~taximeter
must be
affixed with a security seal.,_
and~
~
software-based metering system must be marked in
manner
acceptable to the Department. These tests should be scheduled in a
manner that minimizes interruption of taxicab service to the public.
*
[[53-236]] 53-235. Inspections.
*
*
*
*
*
(
d)
Each taxicab licensed under this Chapter must undergo a complete
inspection of its mechanical condition and any special equipment used
to transport persons with disabilities.every [[6]] 12 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 license of any taxicab 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.
872
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*
53-306.
Application; temporary card.
*
*
(a)
A person who holds a valid identification card must apply for a renewal
card not less than 30 days before the current card expires.
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*
(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
unless the applicant has:
(A)
(B)
te~porary
identification card
properly verified his or her identity; ·
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]] three calendar years from any jurisdiction where the
applicant held a license to drive a motor vehicle; and
(D)
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 examination required under Section 53-308].
(3)
[After August 31, 2007, the] The 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.
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(5)
A temporary identification card expires [on the earlier of:
(A)
5 days after the Department receives the results of the
nationwide criminal background check; or
(B)
90] 45 days after the card was 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)
(C)
the [90th] 45th day after the card was issued; or
[[1]]
one business day after the Department notifies the
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holder that the card has expired under subsection
(c)(5)[(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)
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The Director may extend the expiration date of an identification card
[(including a temporary identification card issued under subsection
(c))] up to 60 days if:
(1)
(2)
the applicant has submitted all required documentation; and
processing of required state or federal criminal background
checks has been delayed through no fault of the applicant.
930
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53-307.
Physician's certificate.
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(a)
Before the Director issues an identification card, [including] other than
a temporary card issued under Section 53-306{c), the applicant must
furnish a physician's certificate, issued within the previous 30 days,
which certifies that:
{l)
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)
(B)
adversely affect the applicant's ability to drive safely; or
otherwise endanger the public health, safety, or welfare.
*
53-308.
[[Examination of applicant.
*
*
Before
issu~g
an identification card, other than a temporary card issued under
Section 53-306(c), the Director must require the applicant to show that the applicant
is able to:
(a)
(b)
perform the duties and responsibilities of a taxicab driver; and
pass an examination on knowledge of traffic laws,
~uties
under this
Chapter, and general qualifications to operate a taxicab in the County.
53-309.]] Criteria to deny an identification card.
The Director must not issue or renew an identification card to any driver or
applicant:
(a)
who, within [[5]] five years before the application is submitted, was
convicted of, pied 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]] three years before the
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application was submitted, completed a sentence or period of probation
based on a charge for:
*
(5)
*
*
[[law governing]]
involving
[[violation of]] any felony
controlled dangerous substances;
(6)
[[violation of any gaming law;
(7)]] any offense involving driving under the influence of alcohol; or
[[(8)]](1)
any act of moral turpitude;
*
*
(a)
*
*
*
[[53-310]] 53-309. Expiration of identification card.
*
[[53-311]] 53-310. Taxicabs from other jurisdictions.
This Chapter does not prohibit a driver 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 license and identification card issued by
the County. but holds a license issued by another jurisdictfon. must not
solicit business or pick up and transport passengers in the County
unless~
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ill
a passenger engaged the taxicab to bring the passenger into the
County, wait for the passenger, and' then take the passenger to
another location; or
m
the jurisdiction from which the individual holds a license has
entered into a reciprocal agreement with the Director under
subsection (c) of this Section.
[[53-312]] 53-311. Notice of change of address.
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(
c)
*
*
*
*
*
[[53-313]] 53-312. Duty to accept and convey passengers.
*
~
[[Sec. 53-314]] 53-313. Passenger receipts; credit card transactions.
A 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.
Qil
Any system or service used to process credit card transactions must:
ill
al
ill
be compliant with all applicable tax laws:
accept pavment through any County user-side subsidy program:
and
be approved by the Director.
*
[[53-315]] 53-314. Trip records.
*
*
(a)
Each driver.1 or the fleet or association on behalf of an affiliated
individual licensee. must keep [[an original written]]
~
record, for a
period of six months, of all in- service trips [[on]] in a form approved
by the Department. Each in-service trip must be entered on the trip
record at the point of pickup.
(b)
The driver. or the fleet or association on behalf of an affiliated
individual licensee, must submit trip records to the Department
whenever the Director requires.
Each trip record must include the date, the driver's starting and ending
time, and the taxicab's starting and ending mileage for the driver's work
day.
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(d)
Each rest break the driver takes must be entered on the trip record.
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
[[53-316]] 53-315. Out of service notice.
[[53-317]] 53-316. Parking at taxicab stands.
[[53-318]] 53-317. Parking to solicit business.
[[53-319]] 53-318. Trips to be made by most direct route.
*
[[53-320]] 53-319. Accident reports.
*
*
*
*
*
[[53-322]] 53-321. Hours of operation.
[[53-321]] 53-320. Use by other persons prohibited.
*
*
*
*
*
[[53-323]] 53-322. Driver and passengers only permitted in vehicle; exception.
[[53-324]] 53-323. Maximum number of passengers.
*
[[53-325]] 53-324. Group riding.
*
*
53-503. Training.
*
*
Any licensee 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, the Department of Health and Human Services, and the
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Taxicab Services [[Advisory Committee]] Commission. This training should be
made available to any driver who is issued an identification card under this Chapter.
*
*
*
53-505. Accessible taxicab trip records.
Each driver must keep a current [[written]] record of all accessible taxicab
trips on a form approved by the Department. The driver must submit these trip
records to the licensee.
vehicle.
53-506. Number of accessible taxicab licenses.
The licensee must submit quarterly trip records to
Department listing the number of wheelchair and scooter users transported in each
(a)
The overall number of accessible taxicab licenses must not be less than
5% of the total of available County taxicab licenses.
(b)
The Department must set the number of new accessible taxicab licenses
by regulation, based on past and current demand and after consulting
the Taxicab Services [[Advisory Committee]] Commission, the
Commission on People with Disabilities, and the Department of Health
and Human Services.
(
c)
After considering the recommendations of the Taxicab Services
[[Advisory Committee]] Commission, the Department may establish,
by regulation, a method to allow temporary replacement of accessible
vehicles with sedans.
(
d)
Each fleet and association 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.
W
The Department must develop a plan for increasing the number of
accessible taxicabs. with a goal of having 100% accessible taxicabs in
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the County by 2025 unless the Director determines that goal to be
impracticable.
*
(a)
*
*
53-604. Suspension or revocation of license or identification card.
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:
*
(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 felony involving a controlled dangerous
substance [[or gaming law]];
*
(5)
*
*
a licensee or driver operated a taxicab, or allowed a taxicab to be
operated, in a manner that endangered the public health, safety,
or welfare[[, or with a record of substandard customer service as
defined by applicable regulation]].
*
(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 of, a license or identification
card.
Without limiting the Director's discretion in finding an
immediate threat to the public safety or health. any pending charge or
conviction that would preclude the issuance or renewal of a license or
identification card constitutes an immediate threat to the public safety
or health.
*
*
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53-702. Hearing on suspension or revocation.
*
(c)
The written notice must:
(1)
*
*
notify the recipient that the Director has suspended or revoked
the license or the identification card or found that the license or
identification card may be subject to suspension or revocation;
(2)
specify the grounds for the Director's fmding of an immediate
suspension or revocation or proposed suspension or revocation;
and
(3)
set a date for a hearing to determine if the Director's action or
suggested action is appropriate.
*
(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 or has already taken. The Director may then suspend or revoke
the license or identification card as proposed in the notice.
.
(h)
A
licensee or driver may surrender his license or identification card
in
lieu of a hearing.
A
licensee or driver who surrenders his license or
identification card waives his right to a hearing and consents to the
action or proposed action of the Director to suspend or revoke.
[[(h)]]fil
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]]
five days before the scheduled
hearing. Fees and costs for hearings may be established by regulation.
[[(i)]]fil
A suspension or revocation takes effect on the earlier of the day
wri~en
that the Director's or hearing officer's
decision is delivered in
person or [[3]] three days after it is placed in the U.S. mail, first class,
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~
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.
Sec. 2. [[Expiration. This Act and any regulation adopted under it expires
on January 1, 2016. Any taxicab modified as authorized by this Act may continue
to be used as modified as long as it remains in service.]] Not later than Januarv
1.
2016. the Director must issue [[50]] 100 new licenses [[to individuals who do not
already hold a license under this Chapter]] following the procedures in Sections 53-
205 and 53-210 as follows:
(fil
25 to individuals who do not hold a license under this Chapter. and of
these. eight must be for accessible vehicles:
Qi}
25 to fleets that hold fewer than 100 licenses. and of these. eight must
be for accessible vehicles: and
50 accessible vehicle licenses to a driver-owned cooperative fleet that
the Director determines is a qualified applicant under Chapter 53.
Sec. 3. [[One year after the issuance of the last license issued under Section
2. the Director must issue an additional 50 new licenses as follows:
(fil
25 to individuals who do not already hold a license under this Chapter
following the procedures in Sections 53-205 and 53-210: and
(bl
25 to fleets that hold 75 or fewer licenses.]] If any of the 50 accessible
licenses allocated to a driver-owned cooperative under Section 2 are not
awarded to the cooperative by June
1.
2016. either because the Director
determines that the cooperative is not a qualified applicant under
Chapter 53. or because the cooperative otherwise declines to obtain
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them. the licenses must be issued to individuals who do not currently
hold licenses under this Chapter.
Sec. [[3]]
Expedited Effective Date.
The Council declares that this
legislation is necessary for the immediate protection of the public interest. This Act
takes effect on the date when it becomes law.
Sec. 5. Transition.
Notwithstanding the Expedited Effective Date of this
Act. the following provisions. as amended in Section
1.
take effect on October
1.
2015:
W
!hl
(£)
the maximum credit card processing charge under Section 53-218(0(1);
the dispute resolution requirements under Section 53-219:
the deletion of the driver examination requirement under former
Section 53-308: and
UU
Approved:
the minimum liability insurance requirements under Section 53-224.
1160
~~
George Leventhal, President, County Council
Approved:
1161
1162
Isiah Leggett, County Executive
1163
This is a correct copy of Council action.
Date
1164
Linda M. Lauer, Clerk of the Council
1165
Date
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