Agenda Item 4D
October
28~
2014
Introduction
MEMORANDUM
October
24~
2014
TO:
FROM:
County Council
M
53-14~
t-
Taxicabs - Licenses
Vehicle Requirements
Josh Hamlin, Legislative Attomn.
SUBJECT:
Introduction:
Expedited Bill
- Driver Identification Cards
Expedited Bill 53-14, Taxicabs - Amendments, sponsored by the Councilmembers
Floreen~ Berliner~ Riemer~
and Council President Rice, is scheduled to be introduced on October
28,2014. A public hearing is tentatively scheduled for December 2 at 7:30 p.m.
Bill 53-14 would amend several sections of Chapter 53 of the Code related to the
licensing and operation of taxicabs. The Bill would:
• penn it 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.
Background
On October 9, the
Transportation~ Infrastructure~
Energy and Environment (T&E)
Committee held a worksession to discuss issues surrounding the entry in the Montgomery
County market of transportation network companies (lNCs) such as Uber and Lyft.l Chapter 53
of the County Code regulates taxicabs and the provision of taxicab service, but
lNCs~
which
provide a technology platfonn for drivers to use their private vehicles to transport passengers, are
not currently regulated in the County. Committee Chair Berliner directed staff to
draft
legislation under which the County would regulate TNCs, which is also scheduled to be
introduced on October 28.
Bill 53-14 is intended
to
address some of the issues faced by the taxicab industry in
adapting to a market now populated by lNCs as well as regulated taxicab companies. The Bill
would amend the existing law to allow a fleet Passenger Vehicle License (PVL) holder to grant a
sublicense to a vehicle owner to provide taxicab service under the license. This amendment is an
packet for the October 9 T&E Committee worksession can be accessed at:
http://www.montgomerycountymd.gov/councillResourceslFiles/age
nda/cm/20
141141
009120
141009 TE2.pdf
1
The
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effort to expand the pool of available taxicab drivers. Current law requires that a license be
issued only to the owner of each taxicab. The Bill would also change the age limitations on
vehicles by one year, to no more than five model years when placed
in
service, and no more than
eight model years when in service. Requirements for vehicle numbering, markings, colors, and
cruising lights would be relaxed under the Bill to permit taxicab service in vehicles that look less
like "traditional" taxicabs. The Bill would permit taxicabs to be equipped with software-based
metering systems as an alternative to the currently required taximeters. Finally, the Bill would
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.
This packet contains:
Expedited Bill 53-14
Legislative Request Report
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Expedited Bill No.
53-14
Concerning: Taxicabs - Licenses ­
Vehicle Requirements - Driver
Identification Cards
Draft No. 2
Revised:
10/10/2014
Introduced:
October 28,2014
Expires:
April 28, 2016
Enacted: _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ __
Sunset Date:
_1,",-/1!.!.:12:::.::0~1~6---:-
_ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmembers Floreen, Berliner, Riemer, and Council President Rice
AN EXPEDITED ACT
to:
(1)
permit the holder of a fleet Passenger Vehicle License to grant a sublicense to
another person on certain conditions;
(2)
increase the age limits for vehicles used as taxicabs;
(3)
amend certain requirements for color and markings of vehicles used as taxicabs;
(4)
allow software-based meters to be used in taxicabs;
(5)
amend certain requirements for temporary identification cards for taxicab drivers;
and
(4)
generally amend the laws governing the licensing and regulation of taxicabs.
By amending
Montgomery County Code
Chapter 53, Taxicabs
Sections
53-201, 53-228, 53-229, 53-231,53-232,53-233,53-235,53-306,53-307 and
53-308
By adding
Section 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
1
Sec.
1.
Sections 53-201,53-228, 53-229,53-231,53-232, 53-233, 53-235,
53-306,53-307, and 53-308 are amended, and Section 53-204A is added, as
follows:
53-201.
Required.
2
3
4
5
(a)
A person must not provide taxicab servIce without possessmg a
license as required under this Chapter.
6
7
8
9
10
(b)
[A] Except as provided
in
subsection (c)(3),
only to the owner of each taxicab.
~
license must be issued
(c)
A [licensee] person must not operate a taxicab or provide taxicab
service unless the [licensee] person either:
(1) holds a fleet license; [or]
(2) holds one or more individual licenses and is affiliated with an
association or a fleet [
.]~
or
11
12
13
14
15
16
17
18
19
20
21
ill
(d)
53-204A.
holds
~
sublicense granted
Qy
~
holder of
~
fleet license under
Section 53-204A and is affiliated with that fleet.
A licensee must hold a license for each taxicab.
Sublicenses.
The holder of
~
fleet license may grant
~
sublicense to another person
under this Section.
A sublicense may be granted only if:
W
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 ofthe proposed grantee;
22
23
24
25
26
ill
the· Director finds that the proposed grantee meets all
requirements for
regulations; and
~
licensee under this Chapter and applicable
27
~
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EXPEDITED BILL No. 53-14
28
29
ill
ill
the Director approves the grant of the sublicense.
~
The Director must not approve
grant of
~
sublicense if the grantee
30
31
32
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.
33
34
53-228.
Procedure when vehicle placed in or removed from service.
35
36
37
*
(g)
model years old.
53-229.
Age of vehicles.
*
*
Any vehicle placed in service as a taxicab must not be more than
[4]
2.
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39
40
41
42
43
44
45
46
47
(a)
A licensee must not use any vehicle that is more than
[7]
~
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.
48
49
50
51
52
*
53-231.
*
*
Vehicle numbering, lettering, and markings; rate chart.
(a)
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
53
54
permanently applied[,] and plainly visible[, and not less than 3 inches
0A
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EXPEDITED BILL No. 53-14
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high, on each of the 2 sides, on each of the 2 rear door roof columns,
and on the rear of each taxicab].
*
53-232.
*
*
Doors; lettering; color; special equipment.
(a)
Each taxicab operated in the County must have at least 3 doors. All
doors must operate safely.
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 the 2 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."].:.
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61
(b)
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64
65
66
67
68
(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 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
Qy
that fleet or association. [However, the] 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
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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.
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~
~
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EXPEDITED BILL No. 53-14
82
(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.
83
84
85
86
87
88
53-233.
Cruising lights.
~
Each taxicab [must] may, but is not required
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]~
89
90
91
92
and must be designed so that the vehicle can be easily
identified as a taxicab.
53-235.
(a)
Taxicab meters.
Each taxicab must be equipped with.;.
93
ill
ill
(b)
an accurate, properly installed and connected taximeter which
has a security seal affixed by the Department[.]; or
~
94
95
reliable, independently verifiable software-based metering
96
97
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]
security
in
~
seal~
~
98
99
100
101
102
taximeter must be affixed with a
and
~
software-based metering system must be marked
manner acceptable to the Department. These tests should be
scheduled in a manner that minimizes interruption of taxicab service
to the public.
103
104
*
53-306.
(a)
*
*
105
106
107
108
Application; temporary card.
A person who holds a valid identification card must apply for a
renewal card not less than 30 days before the current card expires.
*
*
*
o
~
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EXPEDITED BILL No. 53-14
109
110
(
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.
111
112
(2)
The Director must not issue a temporary identification card
unless the applicant has:
(A)
(B)
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
calendar years from any jurisdiction where the applicant
held a llcense 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 ofa 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].
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125
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128
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131
l32
(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.
133
134
135
(5)
A temporary identification card expires [on the earlier of:
L6J
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EXPEDITED BILL No. 53-14
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138
(A)
5 days after the Department receives the results of the
nationwide criminal background check; or
(B)
(6)
90] 45 days after the card was issued.
139
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 business day after the Department notifies the holder
that the card has expired under subsection (c)(5)[(A)].
140
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(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
[(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.
53-307.
Physician's certificate.
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EXPEDITED BILL No. 53-14
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186
(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:
(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)
(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 issuing an identification card, other than
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 ofa taxicab driver; and
pass an examination on knowledge of traffic laws, duties under this
Chapter, and general qualifications to operate a taxicab
in
the County.
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.
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.
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LEGISLATIVE REQUEST REPORT
Taxicabs
Expedited
Bill 53-14
Licenses
-
Vehicle Requirements
-
Driver Identification Cards
DESCRIPTION:
Expedited
Bill 53-14
would address some of the issues faced by the
taxicab industry in adapting to a market now populated by
transportation network companies (TNCs) such as Uber and Lyft in
addition to regulated taxicab companies. The
Bill
would amend
current requirements related to the sublicensing of Passenger Vehicle
Licenses (PVLs); vehicle age limits, meters, numbering and
markings; and the issuance of temporary driver identification cards.
The regulated taxicab industry is faced with new competition from
TNCs and must adapt to the changing marketplace.
Ensure a competitive market for the delivery of transit services while
maintaining high standards of public safety, convenience, and
comfort.
MCDOT
To
be
requested.
To be requested.
To be requested.
To be researched.
Josh Hamlin, Legislative Attorney
To
be
researched.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
N/A
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(J)