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Home My WebLink AboutCOM 0081.004 1996-1998 Tracey E. and Keum Soon Lauder Post Office Drawer "D'; Kurtistown, Hawaii, 96760 ~ Phone:808-966-6686 n O ~ 17 ^"arch 1897 z0 a ~ ~ ~ ill Letter to Hawaii Couxty Council Committee ox Public ',r'orks~ixiti P~rk~ j r.. 5 l Attenion, Council Chairman DO`'I"=7C °AGONG. Ir-~ 3 SUB,?EC'": °tate of Hawaii, Department of Transportation, ~i~pows 7 Division concerxixg repeal of ChaptQr 19-36 HDF'.'axd ~ Adaption of Chaptdr 19-3Fi.1 HAR, undated. 1. Ref Pg 3R-1-2, 'Flay hire a taxi ~nanagemext concessionaire will only add to tr-e cost for the gexeral public axd tourist. 2. Why obtain a taxi vehicle permit from a cox- cessaire, it stixks, talk about "KICK RACxS" 3.Ref Pg 38.1-2, Para 19-39.1-2, If you wait ax "OPE?' ACCF..e" TAXI SYSTEM", "WHY RFGirLATE IT"? 4.Ref Pg 38.1-3, Para 19-3€1.1-4 (1), Very DI°CRI""L^'ATOR7, what about a taxi that picks up a fare axd is requested to go to the airport? 5. Who is goixg to pay for the "BADGE" and what will tk:e cost be? 6.Ref Pg 38-1.4, Para 19-38.1-4(3) (b) Very DICRIMI?dATORY, stifle the "FREE EIiTER.YRISF: SYSTEA^" 7.Ref Pg 38.1-5, Para (a) (1),(2), & (3) Again Dl1PLICA'i'IOIi ALtD DISCRIMI"~ATORY. .Ref '~g 38.1-b Para (b), Ooes HR6 261-12 axd 7 give this type of authority to a civiliax business eoxsessionarie? 9.vara (b),r1) Again eery DISCRI*~I!(ATORY, why cax't a taxi driver traxsfer to axotrer losation ,like FEDERAL, "TATF Ai1D COLi~TY employees do? 10. Pg 38.1-']Para 19-3s.1-6 (a) Requirnent to take ax exaMixation in the "F.t+GLISH° language, xow you are really askixg r o z trouble, what about other ilAt'IO"IALITIES? ^;ow ix the best imterest of ALL coneerxed sore type of action should be takex to have this docunext witkdrawn axd,lor rewr9.ttex axd/or killed, ~ ~ TRACEY E~A[?DFR t3am~. Did R1.0~I P11~ iTo. 'PU ~ _ Residence a,nd Nursery located: 17-898 Ola`a Road lief To. Presented PL Kurtistown, Hawaii 96760 ~ j g 1997, iRet. Dste_ DEPARTMENT OF TRANSPORTATION Repeal of Chapter 19-38 and Adoption of Chapter 19-38.1, Hawaii Administrative Rules 1. Chapter 19-38, Hawaii Administrative Rules, entitled "Taxi Service at Public Airports", is repealed. 2. Chapter 19-38.1, Hawaii Administrative Rules, entitled "On-Demand Taxi Service at Public Airports, is adopted to read as follows: §19-38.1-1 "HAWAII ADMINISTRATIVE RULES TITLE 19 DEPARTMENT OF TRANSPORTATION • SUBTITLE 2 AIRPORTS DIVISION CHAPTER 38.1 ON-DEMAND TAXI SERVICE AT PUBLIC AIRPORTS §19-38.1-1 Definitions §19-38.1-2 Purpose §19-38.1-3 Applicability §19-38.1-4 Airports without a taxi management concessionaire §19-38.1-5 Airports with a taxi management concessionaire §19-38.1-6 Taxi driver qualification; taxi vehicle requirements §19-38.1-7 Taxi management concession §19-38.1-8 Insurance §19-38.1-9 Signs §19-38.1-10 Taxi driver conduct §19-38.1-11 Indemnification and hold harmless §19-38.1-12 Severability §19-38.1-13 Enforcement §19-38.1-14 Cumulative penalty §19-38.1-15 Subordination to sponsor's assurance §19-38.1-16 Repeal Historical note. This chapter is based substan- tially on chapter 19-38. [Eff 12/16/93; R ] §19-38.1-1 Definitions. Unless the context indicates otherwise, as used in this chapter: "Department" means the state department of transportation. "Director" means the director of transportation or his duly authorised representative. "On-demand taxi service" means those taxi services in which a customer has made no prior arrangement for services. 38.1-1 §19-38.1-1 "Open-access taxi system" means a taxi system that will allow all qualifying taxi drivers and vehicles to provide taxi service at public airports. "Public airport" or "airport" means any area of land and water under state jurisdiction which is used, or intended for use, for landing and taking-off of aircraft, and any appurtenant areas which are used, or intended for use, for airport buildings or other airport facilities or rights-of-way, including approaches, together with all airport buildings and facilities located thereon. "State" means the State of Hawaii. "Taxi" or "taxicab" means the motor vehicle used to provide taxi service in or at a public airport. "Taxi driver" means the operator or driver of a taxi. "Taxi driver authorization" means an authorization issued by the director or taxi management concessionaire for the purpose of authorizing a taxi driver to provide on-demand taxi service at a public airport, pursuant to this chapter. "Taxi management concessionaire" means the concessionaire hired by the State to provide an open- f access taxi system at a public airport. "Taxi service" means the service of providing a motor vehicle for hire by the public in or at a public airport, which motor vehicle shall have a driver other than the hirer and be used for the purpose of transporting the hirer and incidental personal property to a destination over a route controlled by the hirer and is subject to a metered rate or tariff as prescribed and authorized by county ordinance or rules. "Taxi vehicle permit" means a permit issued by the director or taxi management concessionaire for the purpose of authorizing a motor vehicle to be used in providing on-demand taxi service at a public airport, pursuant to this chapter. [Eff ) (Auth: HRS §261-12) (Imp: HRS §261-7) /1 §19-38.1-2 Purpose. The purpose of this chapter is (`7/) to regulate the open-access taxi system at public airports and to ensure safe, orderly and reliable taxi service for the travelling public. [Eff ] (Auth: HRS §261-12) (Imp: HRS §261-7) 38.1-2 §19-38.1-4 §19-38.1-3 Applicability. This chapter applies to airports with or without taxi management concessionaires, unless indicated otherwise. [Eff (Auth: ARS §261-12) (Imp: ARS §261-7) §19-38.1-4 Airports without a taxi management concessionaire. (a) At airports without a taxi management concessionaire, the following permit or authorization shall be obtained to provide on-demand taxi service at airports: (1) No taxi shall be used to provide taxi service from a public airport without a taxi vehicle permit. The taxi vehicle permit shall be in the form of a vehicle decal, and issued by the director upon payment of the monthly or per trip fee and upon qualification of the vehicle as required by this chapter. The permit is limited only to the airport where issued, and is renewable on a monthly basis, upon payment of the appropriate fee. The permit shall not be assigned or otherwise transferred, and shall be prominently displayed while operating at the airport in a manner prescribed by the director. ~ (2) No taxi driver shall be allowed to provide taxi service from a public airport without having obtained the authorization of the director. The taxi driver authorization shall be in the form of a driver identification badge issued by the director and shall not be assigned or otherwise transferred. The driver identifica- tion badge shall be valid only at the airport where issued, and shall be worn while operating at the airport in a manner prescribed by the director. The driver shall pay a fee of $5 to ' the director for the cost of processing the initial application of the driver identifi- cation badge. The taxi driver identification badge shall be renewed annually. (3) No permit shall be issued to an applicant, including existing authorized taxi vehicles and drivers, who are in arrears of payment of taxes, rent, or other charges to the State or political division or subdivision, agency, authority, commission or instrumentality 38.1-3 §19-38.1-4 thereof. An applicant shall meet the taxi driver qualification or taxi vehicle requirement standards as required by this chapter. (b) At airports without a taxi management concessionaire, the following fees shall apply: (1) Taxi vehicles authorized to be used for providing taxi service at public airports that do not have a taxi management concessionaire hired by the State shall, as a condition for the issuance of a permit, be assessed the following fees, payable to the State as applicable: (A) A monthly fee of $400 per taxi vehicle at Honolulu International Airport, or a single trip fee of $4 for each trip originating from Honolulu International Airport; (B) A monthly fee of $500 per taxi vehicle at Kahului Airport, or a 6 single trip fee of $5 for each trip; (C) A monthly fee of $350 per taxi vehicle at Keahole-Kona International Airport; (D) A monthly fee of $150 per taxi vehicle at Lihue Airport; (E) An annual fee of $100 per taxi vehicle at all other public airports. (2) The fees shall: (A) Be paid in advance of the period the taxi vehicle is used to provide taxi service; (B) Not be subject to proration; and (C) Not be non-refundable. (c) At airports without a management concession- naire, the following procedures shall apply for review of suspension or termination of taxi vehicle permits or taxi driver authorization. (1) A taxi vehicle permit or taxi driver authorization, issued under this chapter may be suspended or revoked by the director for violation of this chapter. The suspension or revocation may be contested by providing notice to the director within fourteen days after receipt of a written notice of suspension or revocation that provides the reasons for the suspension or revocation and the length of the proposed suspension. Upon receipt of the 38.1-4 §19-38. 1- notice to (a)contestAtairports, the dirwectorithatamay 5 xi appoint a hearing officer to conduct a contested case hearing and allow the presentation of evidence or testimony to contest the facts upon which the suspension or revocation is based. If the director upholds the proposed suspension or revocation based on the hearing officer's recommendation, the period of suspension or revocation shall begin five days following receipt of the final decision and order of the director. (2) The taxi vehicle permit or taxi driver authori- zation may be terminated with or without cause by the director or by the taxi driver authorized to provide taxi service at a public airport, upon thirty days prior written notice. Upon notification of termination, the taxi vehicle decal or driver identification badge shall be returned within three business days to � '( Uv the director or taxi management concessionaire. (- ' [Eff ] (Auth: HRS §261-12) (Imp: HRS §261-7) r` - §19-38 . 1-5 Airports with a taxi management e� ` concessionaire. management concessionaire, the concessionaire shall develop an rc) L'it, appropriate permitting system to qualify taxi drivers and taxis, in accordance with section 19-38 . 1-6. j/ � (1) No taxi shall be used to provide taxi service 4V from a public airport without a taxi permit issued by the taxi management concessionaire. r - (2) No taxi driver shall be allowed to provide taxi service from a public airport without having obtained the authorization of the taxi manage- ment concessionaire. (3) No permit or authorization shall be issued to an applicant who is in arrears of payment of taxes, rent, or other charges to the State or political division or subdivision, agency, authority, commission or instrumentality thereof. An applicant shall meet the taxi driver qualification or taxi vehicle requirement standards as required by this chapter, as appropriate. 38 . 1-5 §19-38. 1-5 0 (b) At airports with a taxi management It% !, - x-- - concessionaire, the taxi management concessionaire shall develop a procedure to suspend or revoke taxi vehicle _ permits and taxi driver authorizations for violation of /`. '. . 1� ` this chapter in accordance with procedures established in I-- the lease between the concessionaire and the director. f' HRS 261-12 Th, (Eff ] (Auth: § ) ' (Imp: HRS §261-7) §19-38 . 1-6 Taxi driver qualification; taxi vehicle requirements. (a) No taxi driver shall be authorized to operate at a public airport without the necessary permits, licenses, approvals, qualifications, and certi- fication required by this chapter or by the laws of the State or any other governmental body having the juris- diction to regulate the operation of a motor vehicle or the carrying of baggage or people for hire on any vehicle in the State. (b) With regard to qualifications, the taxi driver shall: (1) Have a valid motor vehicle driver license issued by the State and evidence of having one 410 year taxicab driving experience in the county in which the application is made; c '" e i (2) e a citizen or alien who has been admitted for /' � „ti= permanent residence or who has otherwise been �`/.1 �t � ��7 granted employment authorization by the United i '' Jy.-' /( States Immigration and Naturalization Services; (3) Be at least 18 years of age; C` (4) Not have outstanding arrest warrants or 02--- 4.� I,., criminal convictions pending for offenses � P committed while driving intoxicated or recklessly; (5) Not be addicted to the use of drugs or alcohol, and shall sign a form consistent with the Drug- Free Workplace Act; (6) Be subject to background checks or clearances if required by Federal Motor Carrier Safety Regulations and applicable state statutes; (7) Submit a certificate from a licensed physician indicating the applicant' s condition as to visual acuity and hearing ability, and shall be, in the opinion of the physician, free of medical conditions that may render the driver unfit for the safe operation of a motor vehicle; and 38 . 1-6 §19-38. 1-6 Io (8) Pass a written examination, to be administered , // by the director or taxi management con- `iJ � A�- _C:-� ..1:_. essionaire in the English language, covering -77iirport taxicab operations, vehicle safety ,�- . C.1Iprocedures, applicable department's Motor Vehicle Safety Office and Hawaii Administrative , .(-)4 .. �' 7r.r �=-/ Rules, local traffic laws, passenger courtesy ) and assistance procedures, public relations, ttZ/` C" and knowledge of major destinations in the county in which the application is made. „d,__ 4., ,,, ,..„--..,,,i,,‹ (c) A taxi driver shall comply with instructions 7 . I issued by the director regarding the taxi staging ff,,. c a; sequence to implement an open-access taxi system per- taining to: c� "� (1) Location of designated passenger pickup areas, taxicab stands, taxicab hold areas; � . «. (2) Queuing procedure to wait their turn to pickup passengers; and (3) Circulation path while on the airport. (d) Any vehicle being issued a permit under this chapter shall be licensed by the appropriate governmental regulatory agency, operating in conformance with the requirements and procedures prescribed by such agency, and at all times display a current safety sticker and current evidence of licensing and registration by the applicable regulatory agency of the government. (e) Taxi vehicles shall: (1) Be equipped with a taxicab meter in accordance with the terms and conditions as set forth by the state Office of Weights and Measures (the taxicab meter must be mounted in a permanent manner in a position that is visible to all passengers) ; (2) Display in the interior of the taxicab the typical authorized fares to major destinations in the county; (3) Provide a seating capacity for at least five passengers, including the driver, and shall be in safe mechanical condition, clean and acceptable in appearance, and in damage-free condition; ?>'1%,4c--L ,yc° y) Have an illuminated taxicab domelight mounted ./ on the roof of the vehicle, in accordance with 't-L.,- /� ;�� the county rules and regulations as applicable; 71- '`_ Com..- c, ..-e-4-.3c- c.,,, om..- "�c // 38 . 1-7 s §19-38 . 1-6 (5) Comply with the rules and regulations set forth by the department's Motor Vehicle Safety Office; and (6) Where required by the director, have a two-way radio with the capability to operate on the appropriate airport frequency to meet taxi service dispatch requirements. (f) The director may in the interest of public safety or in the interest of improving airport operations, establish additional airport procedures and requirements covering taxi driver qualifications, identification and conduct, and vehicle standards. (g) Failure to meet the established standards for taxi driver qualification, taxi driver conduct, and vehicle requirement shall be grounds for non-issuance or revocation of the taxi vehicle permit or taxi driver authorization. The taxi vehicle permit or driver identi- fication badge shall be returned to the issuing agency within three business days after the notice of revocation is received. [Eff ] (Auth: HRS §261-12) (Imp: HRS §261-7) 0 /► §19-38 . 1-7 Taxi management concession. The ` • v�; -7 director may lease a concession area to a taxi management 14r2 . i concessionaire to provide an open-access taxi system at a Ci , 1 public airport. [Eff ] /6-4" L -' (Auth: HRS §261-12) (Imp: HRS §261-7) ,, ,,L,IiiiC §19-38 . 1-8 Insurance. (a) As a condition for the '7 issuance of a taxi vehicle permit, each taxi vehicle /J) ' -� shall have liability and other insurance of the type and - amount required for taxi license as required by the t, ' county in which the vehicle will be used for taxi ,__ service. (b) In addition to motor vehicle liability insurance, the taxi drivers issued a taxi driver authorization to participate in providing on-demand taxi services at public airports shall maintain and keep in force adequate comprehensive general liability insurance as determined by the director to provide coverage against claims arising out of the taxi driver' s operations on airport premises for injury to persons or damage to property. 38 . 1-8 §19-38.1-10 (c) An applicant for a taxi vehicle permit or taxi driver authorization, shall provide the director or taxi management concessionaire with a certificate of insurance naming the applicant as the insured and the department and the taxi management concessionaire, when applicable, as additional insured under each insurance policy for coverage to individuals providing taxi service under this chapter. Certificates of insurance for each such policy shall be provided to the director or taxi management concessionaire within thirty days prior to commencing taxi service. The insurer shall provide certificates of insurance to the director or taxi management concessionaire within thirty days of any material changes to any policy including coverage and shall provide notification within thirty days of cancellation. [Eff ] (Auth: HRS §261-12) (Imp: HRS §261-7) §19-38.1-9 Signs. No taxi vehicle used as a taxi at a public airport shall display any sign that extends more than six inches above the roof, hood, or trunk. Flashing lights and audible devices, other than that required by safety ordinances and regulations, are prohibited. The external display of any rates or fees on a taxi is also prohibited. [Eff ] (AUth: HRS §261-12) (Zmp: HRS §261-7) §19-38.1-10 Taxi driver conduct. A taxi driver who is issued a taxi driver authorization to provide on demand taxi services at public airports shall: (1) Be authorized to provide taxi service only in the area designated by the director who may change any designated area when such change is deemed necessary and is in the best interest of safety to persons and property; (2) Maintain the designated taxi service area in a safe, clean and sanitary condition; (3) Keep all taxis operated at any public airport in good mechanical condition, clean and suitable for providing taxi service (the department may prohibit the operation of any taxi unsuitable for providing taxi service); (4) Furnish service on a fair, equal and non- discriminatory basis to the public; (5) Conduct business in an orderly, courteous and businesslike manner; 38.1-9 §19-38.1-10 (6) Present a clean and neat appearance at all times; (7) Be suitably uniformed or clothed; (8) Refrain from use of profanity, offensive or rough and disturbing behavior; (9) Not solicit at public airports any gratuities or any other business not directly related to providing taxi service at a public airport; (l0) Upon finding lost or forgotten article in the taxi, report and turn the articl over to, the ~ airport lost and found; .i~ ~ -c G` ~.c , t,,,~, ,.f•~ ~:.~F (11) At all times comply with all pplicable laws, ordinances, terms or agreements, and rules and regulations; and (12) Comply with instructions and procedures issued by the director or taxi management concession- aire regarding driver and vehicle identifi- cation requirements, fee payment process, and taxi operation pertaining to: (A) Location of designated passenger pickup areas, taxi stands, taxi hold areas; (B) Queuing procedures; and (C) Operating routes. [Eff ] (Auth: HRS §261-12) (Imp: HRS §261-7) §19-38.1-11 Indemnification and hold harmless. Applicants for a taxi vehicle permit or taxi driver authorization to provide on-demand taxi services at public airports shall indemnify and hold harmless the director, department and the State from any action or claim arising out of their use of the airport and operation of a taxi service pursuant to this chapter. Failure to comply with the requirement of this section shall be grounds for non-issuance of the taxi vehicle permit or taxi driver authorization. [Eff ] (Auth: HRS §261-12) (Imp: HRS §261-7) §19-38.1-12 Severability. The provisions of this chapter are declared to be severable and if any portion or the application thereof is held to be invalid for any reason, the validity of the remainder of this chapter shall not be affected. [Eff ) (Auth: HRS §261-12) (Imp: HRS §261-7) 38.1-10 §19-38.1-16 §19-38.1-13 Enforcement. This chapter may be enforced by police officers or any person deputized pursuant to section 261-17, Hawaii Revised Statutes. [Eff ] (AUth: HRS §261-12) (Imp: HRS §261-17) §19-38.1-14 Cumulative penalty. In addition to the penalties provided in this chapter, penalties for violations of this chapter shall be as set forth in section 261-21, Hawaii Revised Statutes. [Eff ] (AUth: HRS §261-12) (Imp: HRS §261-21) §19-38.1-15 Subordination to sponsor's assurance agreement. A taxi vehicle permit or taxi driver authorization to provide on-demand taxi service at a public airport shall be subordinate and subject to the terms and conditions of any sponsor's assurance agreement executed between the State and the United States of America, which is in force during the term of the taxi vehicle permit or taxi driver authorization. [Eff ] ( Auth: HRS §261-12) (Imp: HRS §261-7) §19-38.1-16 Repeal. Chapter 19-38 is repealed." (Eff ] (Auth: HRS §261-12) (Imp: HRS §261-12) 38.1-11 3. The repeal of chapter 19-38 and adoption of chapter 19-38.1, Hawaii Administrative Rules, shall take effect ten days after filing with the Office of the Lieutenant Governor. I certify that the foregoing are copies of the rules drafted in the Ramseyer format pursuant to the require- ments of section 91-4.1, Hawaii Revised Statutes, which were adopted on and filed with the Office of the Lieutenant Governor. Director of Transportation APPROVED AS TO FORM: Deputy Attorney General NOTICE OF PUBLIC HEARINGS Pursuant to Chapter 91, Hawaii Revised Statutes, notice is hereby given that the State of Hawaii, Department of Transportation, Airports Division, will hold public hearings to consider the following proposed changes to the Hawaii Administrative Rules. 1. Repeal of existing Chanter 19-38. "Taxi Service at Public Airports"; and 2. Adoption of proposed Chapter 19-38.1. "On-Demand Taxi Service at Public Airports". The purpose of proposed Chapter 19-38.1 is to regulate the open- access taxi system at public airports and to ensure safe, orderly and reliable taxi service for the travelling public. The public hearings will be held as follows: DATE TIME PLACE March 24, 1997 9:00 am Airport Conference Center Inter-island Terminal, Seventh Floor Honolulu International Airport Honolulu, Oahu March 24, 1997 3:00 pm Airport Mezzanine Conference Room South Terminal, Third Floor Lihue Airport Lihue, Kauai March 25, 1997 9:30 am Airport Conference Room Kahului Airport Kahului, Maui March 25, 1997 3:00 pm Airport Conference Room Keahole-Kona International Airport Kailua-Kona, Hawaii Interested persons are invited to present their views on the proposed rules at the public hearings. Written comments will be accepted until April 3, 1997 at the following address: State of Hawaii Department of Transportation Airports Division 400 Rodgers Blvd., Suite 700 Honolulu, Hawaii 96819-1880 A copy of the proposed rules will be mailed at no cost to any interested person who requests a copy by calling 838-8622 or writing to the Airports Administrator at the address specified above. Copies may also be obtained at the airport manager's office at Honolulu International, Kahului, Keahole-Kona International and Lihue airports. ~ p KAZU HAYASHIDA Director of Transportation