HomeMy WebLinkAboutORD 1967-038COUNTY OF HA~trAII - STATE OF HAZIAII
OP.DIDIANCE N0. ~_
AN ORDINANCE PROVIDING FOR THE REGULATIOPIl~1)1D COiQTROL OF TAXICAB
DRIVERS AND TAXI?1ETERS, ESTABLISHING TA,';ICI:B 'i2;~'IES AND FARES, AND
PROVIDING PENALTIES FOR TFIL VIOLATION Ti-i;~~RF'OF .
BE IT ORDAIAtED BY ^1HE BOIIl<.D OF SUPEI:VISORS OI' T'rlE COUNTY OF
HAI JAI I
SECTION 1, DEFINITIOPIS. 6lherever 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 :ounty of iiawaii.
(c) "Passenger" staL mean one or more persons employing or
engaging a taxicab for 'r.i:re. Che term "passenger," however, shall
not include the operat~° of tlu: taxicab r,cr any child under the age
of five years not occupying seatlner space,
(d) "Fi.xed 'T'axi Sand" shall mear. a space set aside for the
exclusive use of a taxicab and clearly marked with a sign giving
the name of ±he individual, partnership, corporation, association
or other organization using said stand,
(e) "Cruise" or "cruising" shall mear. 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) "ilaiting time" shall mean the time during which a taxicab
is standing at the direction of a passenger.
SECTION 2. DRIVERS' PERIITS,
(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
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bear a serial nunber, the name of tl?e person, hi.s address, and a
recent photograph of himselr, ;;aid ;,hotograph to be no less than
3 inches in height and 2 in.;hes n taidth.
(b) D1o permit shall be i.ssucd to any ~:erson unless he shall:
(1) Have a reasont~b=i_e. ~rnowledGe of- the traffic laws of
the County of IIewui i..
( 2 ) Have a reasona~~le lcno~.aledge of tine locations of
streets, roads. a..d higheruys; and of important county and
state buildings ar:d places ,rithn i:he County of Hawaii.
(3) Be ab_~e to speak and understand the English language
well enough to converse satisfactorily witY~. English-speaking
people; provided, '_ZOwevcr, that the provisions of this
paragraph shall not apply to any applicant trhose sole
occupation for the past i0-year period prior to September 1,
1965, has been that of a taxicab driver,
(c) No person shall be issued a driver°s permit unless he
shows that his principal occupation ori?.1 he that of a taxicab driver,
(d) Ever}> Hermit issued under this section shall expire,
unless othenaise .evoked or cancelled, one year after the issuance
thereof and shall be rene~~red 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. S[T:;PENSIOP; AND 12EVOCATION OP PERMITS, tiny permit
issued pursuant to the provisions of this Ordinance may be suspended
or revoked by a cour~ of competent jurisdiction whenever;
(a) The holder of such permit is found to be disqualified by
any of th^ provisions of this Ordinance;
(b) The holder cf such permit has been convicted for a
violation of the procisior,s or i:his Ordinance;
(c) The holder cf such permit shall have ceased to drive a
taxicab for a period of thirty consecutive days without previously
having filed with the Chief of 'olice a written notice of intention
to cease such driving and having been. granted permission by the
Chief of Police authorizing the cessation of operation or driving;
(d) It shall. appear tha± a person to whom a permit is issued
does not work as a taxicab drives 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 tdarcotics Lawse
SECTION 4. APPEAL TO CIRCUIT JUDGE. Any applicant who has
been refused a driver`s permii 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 tle 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.
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SECTION S . Tr'~IIMETERS ,
(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 sha.11 at all times be
plainly visible to the passenger. It should also be so attached to
the taxicab that it shall be possible for a person standing outside
the vehicle to tell whether the taximeter is in use or not, Between
the hours of sunset and sunrise, the reading dia.1 showing the amount
of fare to be charged sha1:1 be well. lighted and readily discernible
by the passenger riding in such taxicab, The taximeter shall he
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 emplcyed and ';a hen 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. When a taxicab ec~iipped 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 mo tion and to record
waiting time while the taxicab is standing at the direction of the
passenger, The flag shall be kept ir, the appropriate employed position
until the termination of the trip, At the termination of the trip,
it shall be the duty of the dirver to throw the .=lag of such taximeter
into the non-employed position,
(c) Registration, Inspection and fees,
(1) Pv'o driver or owner of a taxicab shall offer or let
the same for hire unless t:he taximeter installed therein or
adjusted fo.r any change in mileage rate shall have been first
registered oaith and inspected by the Chief- of Police, and found
to calculate and register fares correctly iri 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 ocaner or driver of any taxicab equipped with a
taximeter to submit the same t:o t:he Chief of Police for annual
inspection, testing and sealing before Niarch 31 of each year,
Every inspection shall include the examination and inspection cf
the taximeter affixed in the taxicab, every wheel, tire, gear
shaft, and every part of the taxicab which m.ay affect or r_ontrol
the operation aP such taximeter, It shall be the duty of the
Chief of Police to se a:1 each taximeter found correct and
registering a fare in conformity with the rates as set_ forth in
this Ordinance,
(2) If, upon suc't~. periodic inspex;tion, the Chief of Police
shall find any taximeter is not calculating and registering a
fare in conformity with tine 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 a_nd found to be calculating and
registering a fare in confcr,:ity with the gates as set.
forth in this Ordinance and a seal shall lave been
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placed thereon, Nothing contained in this Section shall
prohibit the replacement of a taximeter with another which
conforms With the orcvisions of this (~rc-1;nan~o
(3) It shall be the duty of any police officer of the
County of Hawaii upon. rompl_aint 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 '~e parmitted 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 diexegard 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. '~ fee of One llollar (41.00) shall be
charged for each taximeter inspection; provided, hoiaever, that
not more than Two Dollars 02.00) 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. `IHT KATES OF FFli~E AND BAGGAGE CHARGE,
(a) 1Zates 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 follovring schedule;
(1) For the first half mile and fraction
thereof . . . . . . 50¢
(2) Thereafter for each additional
one-fourth (,'-;) mi]_e or fraction thereof 10¢
(3) For each two (2) minutes of waiti;lg
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) Dio taxicab driver shall charge for waiting time, unless
a passenger directs the taxicab driver to wait,
(c) GJhenever, pursuant to a re quest, it is necessary for a
taxicab to leave its fixed taxi stand to pick up a passenger, the
distance betoreen 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 distarce a taxicab must
travel in order to return to its fixed taxi stand after discharging
a passenger be included in the mileage for i•rhi.ch any fare may be
charged.
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(d) I'or each piece of hand baggage in excess of four (4) cubic
feet measurement a fl. at charge of ten cents (lOc~) may be made. P'or
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, CRUISI'~?C i'12OHIL~II~D. 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 i.f 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 OPERATIOI~IS,
(a) Additional passenger, PIo 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 with taximeter shall set
the taximeter in the employed position until the destination of the
first passenger is 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. 6Jhenever a taxiceil~ 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 sha:Ll be furnished
by said Chief at cost,
SECTION 9. POSTING OF RATE~9 OF FARE,
of fare as provided in this Ordinance shall
conspicuous place within each taxicab so as
to any passenger riding within such taxicab
be legibly printed in bold-type letters not
seconds (3/32) of an inch in height,
Schedules of the rates
be posted in a
to be readily visible
Such schedules shall
less than three thirty-
SECTION 10. PEidALTIES. Any person violatir:g any of 'the
provisions of this Ordinance shall, upon conviction thereof, be
~ subject to a fine not exceeding rive Hundred Dollars ($500.00).
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