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HomeMy WebLinkAboutRules and Regulations Relating to Taxicabs (Rule 69) MASS TRANSPORTATION AGENCY COUNTY OF HAWAII STATE OF HAWAII RULES AND REGULATIONS OF THE MASS TRANSPORTATION AGENCY RULE 69 RULES AND REGULATIONS RELATING TO TAXICABS Rule 69.1 Purpose of Rules These rules and regulations are intended to clarify and implement the provisions of Chapter 18,Hawaii County Code,relating to public transportation. Rule 69.2 Definitions For the purpose of these rules and regulations,the following terms,phrases,words and their derivations shall have the meaning given herein.. When not inconsistent with the context, words used in the present tense include the future,words in the plural number include the singular number,and words in the singular number include the plural number. The word"shall" is always mandatory and not merely directory. (a) "Certificate"means a Certificate of Public Convenience and Necessity issued by the Hawaii County Transportation Commission. (b) "Commission"means the Hawaii County Transportation Commission. (c) "Administrator"means the Transit Administrator of the County of Hawaii or his duly authorized subordinate. (d) "Taxi"or"taxicab"means a vehicle designed to carry not more than eight passengers equipped with a taximeter operated by a taxicab driver,which is used in the movement of passengers for hire on the public highways and which is directed to a destination by the passenger for hire or on the passenger's behalf and which operates on call or demand. (e) "Taxicab company"means any person or entity which holds certificates for one or more taxicabs,leases motor vehicles to drivers to be used as taxicabs,or which operates a central dispatch service for one or more taxicabs. Rule 69.3 Application for Certificate (a) Any person who wishes to obtain a certificate to operate a taxicab must first complete the form entitled"Appendix C—Application for Certificate of Public Convenience and Necessity and submit it to the Mass Transportation Agency office no later than 45 days prior to the next meeting of the Transportation Commission of the County of Hawaii. The following information shall also be submitted: (1) Traffic abstract of the applicant (2) Criminal abstract of the applicant (3) Application fee in the amount of$10.00 (b) Applicant will be notified in writing when he/she is placed on the agenda of the Commission's meeting. (c) If the application for certificate is approved by the Commission,the Administrator will issue an control number,and the applicant has 30 calendar days to submit the following documents to the Administrator. If the subject documents have not been submitted within 30 calendar days,the application shall be revoked;unless a written request for extension has been submitted to the Administrator and approval by the Administrator has been made. All requests for extensions and approvals or denials thereof,shall be in accordance with applicable regulations specified in Section 18 of the Hawaii County Code. The following documents shall be submitted within 30 calendar days to the Administrator: (1) Taxi License Application (2) Vehicle Registration form naming the applicant as registered owner (3) Safety Inspection form (4) Taxicab Inspection form (5) Certificate of Liability Insurance naming County of Hawaii as Certificate Holder (6) Taxicab License fee of $120.00 annually,prorated from July 1,of current year Upon receipt of the above documents,the Administrator shall provide the applicant the following: (1) Certificate of Public Convenience and Necessity (2) Taxi License Decal (3) Taxicab License and Identification Card Rule 69.4 Taxicab Control Numbers (a) The Administrator shall assign each taxicab a control number to aid in identifying that particular vehicle as a taxicab. The control number shall consist of up to five digits. The last three digits shall indicate the Certificate number issued to that person or company for that particular vehicle. The first two digits shall be letters of the alphabet assigned by the Administrator. - (b) The control number assigned to a taxicab shall be posted on the left rear bumper of the vehicle to the right of the license decal,and on the right front bumper. The control number may be either painted on the bumper surfaces or be comprised of decals provided by the taxicab company,owner,or operator. The numbers shall measure at least three inches in height and shall be black in color,unless the bumper to which they are to be affixed is black. In.that case,the numbers shall be white. The number shall also appear on the annual certificate issued by the Administrator. When a vehicle is taken out of service as a taxicab,the control numbers shall be immediately removed from the bumper(s). Rule 69.5 Renewal of Certificate (a) All certificates shall expire on June 30 of each year,and must be renewed. (b) The Administrator will renew a license and issue a new license decal upon receipt of the following from the applicant: (1) Taxi license application (2) Completed taxicab inspection form (3) Copy of current Certificate of Registration and valid twelve-month safety inspection certificate (4) Evidence of financial responsibility—Certificate of Liability Insurance (5) Annual certificate fee (6) Planning Department Attachment B— Zoning Verification (c) Any certificate not renewed by 4:30p.m.,June 30,or the last working day in June of each year,shall be suspended and placed for revocation at the next meeting of the Commission;unless a written request for extension has been submitted to the Administrator and approval by the Administrator has been made. All requests for extensions,and approvals or denials thereof, shall be in accordance with applicable regulations specified in Section 18 of the Hawaii County Code. (d) A certificate issued to a taxicab may be transferred to a different vehicle belonging to the same owner only. The Administrator shall require the following before approving the transfer: (1) Return of Taxi License decal and Taxicab License and Identification card issued to vehicle being replaced,prior to having new vehicle inspected by Finance Department (2) Completed Taxi License Application for replacement vehicle (3) Completed Taxicab Inspection form (4) Copy of current Certificate of Registration and valid twelve-month safety inspection certificate of the replacement vehicle (5) Evidence of financial responsibility—Certificate of Liability Insurance (6) Payment of fees as prescribed by law for replacement of vehicle (7) Planning Department Attachment B—Zoning Verification Rule 69.6 Transfer of Certificate to New Owner Prohibited;Return of Certificate The annual certificate issued pursuant to Article 2,Chapter 18,Hawaii County Code,is not transferable. Upon the termination of his business as a taxicab operator,the former owner of the certificate must remove the taxi license decal located on the rear bumper and return it to the Administrator along with the certificate issued for the current year. No refund of certificate fees paid will be made for any unexpired portion of the certificate year upon cancellation of a certificate. Rule 69.7 Notice in Writing A new application form shall be filed with the Administrator by a taxicab operator in the following circumstances: (a) Change of business name (dba) (b) In the case of a corporation,a change in the corporate officers (c) In the case of a partnership,a change in the general partners (d) Change of mailing or business address (e) Transfer of certificate to a new vehicle purchased by the taxicab operator (f) Change of insurance carrier. This must be accompanied by evidence of financial responsibility from the new carrier (g) Change in the geographical areas served,or a major change in the hours or days of operation. Rule 69.8 Trade Name The trade name shown on the application for certificate as the"dba"shall be the name shown on the required roof sign or dome light sign. If any trade name is shown elsewhere on the vehicle,it shall also be the same as the trade name on the application on file with the Administrator. Rule 69.9 Receipt Required The driver of a taxicab must furnish any passenger so requested,a receipt for the fare amount charged. The receipt shall include the following information: (a) The amount charged (b) The date and time of the trip (c) The place the passenger was picked up and where his trip ended (d) The control number of the taxicab (e) The taxicab company operating the taxicab (f) The signature of the taxicab driver Rule 69.10 Severability If any provision of these rules or the applicability thereof should be held invalid for any reason,such invalidity shall not affect other provisions or applications which can be given effect without the invalid provisions or applications and to this end these rules are declared to be severable. Rule 69.11 Effective date These rules shall become effective ten days after filing with the County Clerk.