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HomeMy WebLinkAboutORD 1965-322BILL N0. 346 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE N0. ??^ AN ORDINANCE PROVIDING FGR THE REGULATION AND CONTROL OF TAXICAB DRIVERS AND TAXIMETERS ESTABLISHING .TAXICAB RATES AND FARES, AND PROVIDING PENAL~IES FOR THE VIOLATION THEREOF. BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF HAWAII: SECTION 1. DEFINITIONS. Wherever in this Ordinance the following terms are used, they shall have the meanings respectively ascribed to them in this section. (a) "Taxicab" shall mean and include any motor vehicle designed to carry seven passengers or less, operating for hire solely on call or demand from a fixed stand within the geographical limits of the County of Hawaii, and accepting a passenger or passengers with or without baggage for transportation between such points as may be directed by the passenger or passengers, the charges for service being based upon the distance traveled, plus waiting time. The term ^taxicab" shall not include; (1) sightseeing buses, (2) buses employed solely for transporting school children or teachers, (3) hotel buses operated solely between steamship piers, airplane terminals or hotels, (4) chartered buses, (5) motor vehicles rented or hired on a "U-Drive" or "Drive-Yourself^ basis. (b) ^Chief of Police" shall mean the Chief of Police or the examiner of chauffeurs of the County of Hawaii. (c) "Passenger" shall mean one or more persons employing or engaging a taxicab for hire. The term "passenger," (d) "Fixed Taxi Stand" shall mean a space set aside for the exclusive use of a taxicab and clearly marked with a sign giving the name of the individual, partne rship, corporation, association or other organi2ation using said stand, (e) "Cruise" or "cruising" shall mean the movement or standing of a taxicab on a public highway in the County for the purpose of searching for or soliciting a prospective passenger. (f) "City of Hilo" shall mean the area as defined in Section 146-1 of the Revised Laws of Hawaii 1955. (g) "Rural area" shall mean that portion of the island of Hawaii which lies outside of the City of Hilo. (h) "Waiting time" shall mean the time during which a taxicab is standing at the direction of a passenger, SECTION 2. DRIVEkS' PERMITS. (a) It shall be unlawful for any person to drive a taxicab without first obtaining a permit from the Chief of Police. Such permit shall be placed in a prominent place within the taxicab being driven by person to whom it was issued. Such permit shall bear a serial number, the name of the person, his address, and a recant photograph of himself, said photograph to be no less than 3 inches in height and 2 inches in width. (b) No permit shall be issued to any person unless he shall: (1) Have a reasonable knowledge of the traffic laws of the County of Hawaii. la knnwl county and state birildings and places within the County of Hawaii. (3) Be able to speak and understand the English language well enough to converse satisfactorily with English-speaking people; provided, however, that the provisions of this paragraph shall not apply to any applicant whose sole occupation for the past 10-year period prior to the enactment of this ordinance has been that of a taxicab driver. (c) No person shall be issued a driver's permit unless he shows that his principal occupation will be that of a taxicab driver. (d) Every permit issued under this section shall expire, unless otherwise revoked or cancelled, one year after the issuance thereof and shall be renewed on or before its expiration date upon re-examination; provided, however, that the Chief of Police may in his discretion waive examination upon renewal of such permit. SECTION 3. SUSPENSION AND REVOCATION OF PERMITS. Any permit issued pursuant to the provisions of this Ordinance may be suspended or revoked by a court of competent jurisdiction whenever: (a) The holder of such permit is found to be disqualified by any of the provisions of this Ordinance; (b) The holder of such permit has been convicted for a violation of the provisions of this Ordinance; (c) The holder of such permit shall have ceased to drive a taxicab for a period of thirty consecutive days without previously having filed with the Chief of driving and having been granted permission by the Chief of Police authorizing the cessation of operation or driving; (d) It shall appear that a person to whom a permit is issued does not work as a taxicab driver as his principal occupation; (e) The holder of such permit has been convicted of driving while intoxicated or of violating the provisions of Chapter 52 of the Revised Laws of Hawaii 1955, as amended, or the provisions of the Federal Narcotics Laws. SECTION 4. APPEAL TO CIRCUIT JUDGE. Any applicant who has been refused a drivers permit after at least three examinations, or who has been refused any examination, may appeal from such refusal to the circuit court by filing his petition in such court within thirty days of the date of the refusal; provided, however, that the appeal shall not operate as a stay to the order or decision appealed from. The appeal shall be subject to such procedure and rules as may be prescribed by the court. SECTION 5. TAXIMETERS. (a) Installation. Every taxicab while operating within the City of Hilo out of fixed taxi stands located therein shall be equipped with a taximeter so mounted in the taxicab that the reading dial showing the amount of fare to be charged shall at all times be plainly visible to the passenger. It should also be so attached to the taxicab that it shall the hours of sunset and sunrise, the reading dial showing the amount of fare to be charged shall be well lighted and readily discernible by the passenger riding in such taxicab. The taximeter shall be operated mechanically by a mechanism of standard design and construction, connected to the transmission drive shaft other than the front-wheel drive, by a flexible and permanently attached driving mechanism. The figures of the reading dial showing the amount of the fare shall be of not less than one-half (1/2) inch in height. The taximeter shall have a position recording mileage only and another position recording waiting time. The taximeter shall have thereon a flag to denote when the taxicab is employed and when it is not employed. It shall be sealed at all points and connections which, if manipulated, would affect its correct reading and recording. (b) Operation. 44hen a taxicab equipped with a taximeter is employed by a passenger, it shall be the duty of the driver to throw the flag of the taximeter into the appropriate employed position, so as to record mileage while the taxicab is in motion and to record waiting time while the taxicab is standing at the direction of the passenger. The flag shall be kept in the appropriate employed position until the termination of the trip. At the termination of the trip, it shall be the duty of the driver to throw the flag of such taximeter into the nnn-amnlnved nosition_ (1) No driver or owner of a taxicab shall offer or let the same for hire unless the taximeter installed therein or adjusted for any change in mileage rate shall have been first registered with and inspected by the Chief of Police, and found to calculate and register fares correctly in conformity with the rates as set forth in this Ordinance, and a seal attesting thereto shall have been placed on the taximeter. It shall be the duty of the owner or driver of any taxicab equipped wit h a taximeter to submit the same to the Chief of Police for annual inspection, testing and sealing before March 31 of each year. Every inspection shall include the examination and inspection of the taximeter affixed in the taxicab, every wheel, tire, gear shaft, and every part of the taxicab which may affect or control the operation of such taximeter. It shall be the duty of the Chief of Police to seal each taximeter found correct and registering a fare in conformity with the rates as set forth in this Ordinance. (2) If, upon such periodic inspection, the Chief of Police shall find any taximeter is not calculating and registering a fare in conformity with the rates as set forth in this Ordinance, it shall be unlawful to operate the taxicab or to permit the taxicab to be operated, until its taximeter shall have been repaired, inspected. tested and found to with the rates as set forth in this Ordinance and a seal shall have been placed thereon, Nothing contained in this Section shall prohibit the replacement of a taximeter with another which conforms with the provisions of this Ordinance. (3) It shall be the duty of any police officer of the County of Hawaii upon complaint of any person to check any taximeter. The police officer shall also have the authority to check any taximeter without such complaint, Upon discovery of any apparent defect or inaccuracy therein, he shall notify the person driving said taxicab to cease operation. Thereupon said taxicab shall be kept off the streets until the taximeter is repaired, inspected, tested and sealed; provided, however, that in the event a defect or inaccuracy is discovered at an hour or period when, for reasons beyond the control of the driver, the taximeter cannot be repaired, checked, tested and sealed, such driver shall be permitted to continue operating the taxicab until such time as the taximeter can be repaired, inspected, tested and sealed. Nothing expressed herein shall be interpreted to permit such driver to disregard any other provision of this Ordinance. (4) The Chief of Police shall keep a record of the identification number of every taximeter and the date of inspection thereof, A fee of One Dollar Two Dollars ($2.00) shall be charged for inspecting the same taximeter in any twelve-month period. Fees so collected shall be deposited into the General Fund of the County of Hawaii. SECTION 6. THE RATES OF FARE AND BAGGAGE CHARGE. (a) Rates of fare within the County of Hawaii. No driver or owner of a taxicab while operating the same within the County of Hawaii shall charge, demand, collect or receive a fare other than that based on the following schedule; (1) For the first half mile and fraction thereof 50¢ (2) Thereafter for each additional one-fourth (~) mile or fraction thereof 10¢ (3) For each two (2) minutes of waiting time or fraction thereof. 10¢ Nothing contained in this subsection shall be construed to permit charging mileage or waiting time rates of fare which are greater or less than or different from those established and fixed by the above schedule. (b) No taxicab driver shall charge for waiting time, unless a passenger directs the taxicab driver to wait. (c) Whenever, pursuant to a request it is necessary for a taxicab to leave its fixed taxi stand to pick up a passenger, the distance between the fixed taxi stand and the point of pick-up shall not be added to the distance over which such passenger is actually transported, when computing the total amount of fare which may be charged under this section. Nor shall the distance a taxicab must travel in order to return to its fixed (d) For each piece of hand baggage in excess of four (4) cubic feet measurement a flat charge of ten cents (10¢) may be made. For each piece of any other type of baggage in excess of four (4) cubic feet a flat charge of thirty cents (30¢) may be made. SECTION 7. CRUISING PROHIBITED, No driver of a taxicab shall cruise in search of patronage at any time; provided, however, a driver of a taxicab, when returning by the most direct route, after having discharged a passenger or passengers, to the garage or stand where said taxicab is regularly stationed, may stop to pick- up a passenger or passengers only if and when hailed by such passenger or passengers for that purpose. The provisions of this section shall not apply to taxicab drivers soliciting patronage at any steamship wharf or airplane terminal. SECTION 8. SPECIAL OPERATIONS. (a) Additional passenger. No driver shall permit any other person to occupy or ride in a taxicab unless the original passenger shall consent to the acceptance of an additional passenger, No charge shall be made for an additional passenger except when the additional passenger rides beyond the previous passenger's destination and in such case the charge shall be by agreement between the driver and the additional passenger; provided, however, the charge shall not exceed the mileage rate between the pick-up point and the additional passenger's destination by the shortest direct route. Driver of taxicab equipped reached. Thereafter for the remainder of the trip the taximeter shall be returned to the non-employed position and a "special" sign shall be affixed to the flag of the taximeter. (b) Personal Use. Whenever a taxicab equipped with a taximeter is in personal use of the driver and not for hire, the "special" sign shall be affixed to the flag of the taximeter. (c) The Chief of Police shall prescribe the size and specification of the metal sign and the same shall be furnished by said Chief at cost. SECTION 9. POSTING OF RATES OF FARE. Schedules of the rates of fare as provided in this Ordinance shall be posted in a conspicuous place within each taxicab so as to be readily visible to any passenger riding within such taxicab. Such schedules shall be legibly printed in bold-type letters not less than three thirty- seconds (3/32) of an inch in height. SECTION 10. PENALTIES. Any person violating any of the provisions of this Ordinance shall, upon conviction thereof, be subject to a fine not exceeding Five Hundred Dollars ($500.00). SECTION 11. REPEAL. County of Hawaii Ordinances Nos. 12, 116 and 131 are hereby repealed. SECTION 12. This Ordinance shall take effect upon its approval. INTRODUCED BY; ,~- -- Supervisor 1st Senatorial y Distri et _ Atka. Aas't to Bonrd Committees May b, 1965 ray 5, 1965 Ord. Bill 346: Referred to Committee on Publio Works.