Proposed Taxi Deregulation Draft.2

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Draft outline of changing taxi regulations to make taxi regulations more comparable with transportation network companies regulations.

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  • Page 1: [1] Deleted Melvin Priester 2/9/16 5:15 PM Chapter 126 - VEHICLES FOR HIRE

    FOOTNOTE(S):

    --- (1) ---

    Editor's noteOrd. No. 2000-11(27), XIII, adopted March 28, 2000 repealed 126-1126-355 in their entirety. Formerly said sections pertained to vehicles for hire. Further, said ordinance, IXII, set out provisions pertaining to similar subject matter included herein as 126-1126-9, 126-26126-32, 126-51126-55, 126-76126-81, 126-101, 126-102, 126-126126-128, 126-151126-166 to read as herein set out. See the Code Comparative Table.

    Cross reference Aviation, ch. 22; businesses, ch. 30; streets, sidewalks and other public places, ch. 110; traffic and vehicles, ch. 118.

    ARTICLE I. - IN GENERAL

    Page 5: [2] Deleted Melvin Priester 1/28/16 12:30 PM Whether further vehicle for hire service in the city is required by public

    convenience and necessity.

    b. Wh

    Page 7: [3] Deleted Melvin Priester 2/9/16 5:19 PM (4) Be a resident of the State of Mississippi for at least six months immediately preceding

    the date of application.

    (5) Provide information regarding prior experience in the transportation of passengers.

    (6) Provide financial information prepared by the applicant's financial institution in sufficient detail to determine the applicant's financial security, including the amounts of unpaid judgments against the applicant, and the nature of the transactions or actions giving rise to such judgments.

    Page 7: [4] Deleted Melvin Priester 2/9/16 5:19 PM

    (7) Provide information regarding the number of vehicles for hire the applicant desires to operate.

    (8) Provide information regarding the make, model, year, body type, and physical conditions of vehicles for hire to be operated.

    (9) Provide information regarding the color scheme or insignia to be used to designate the vehicles.

    Page 7: [5] Deleted Melvin Priester 2/9/16 5:20 PM (12) Possess an office within the city and maintain a publicly listed telephone number.

    (13) Submit a drug testing policy.

    Page 8: [6] Deleted Melvin Priester 1/28/16 1:18 PM Sec. 126-29. - Vehicle domicile.

  • For any CPNC holder having two or more vehicles, the following minimum number of vehicles shall be domiciled in the city, in order for vehicles to be readily available for hire by the traveling public:

    Total CPNC Vehicles

    Domiciled in Jackson

    (minimum)

    2 1

    3 5 2

    6 7 3

    8 9 4

    10 or more All

    Page 9: [7] Deleted Melvin Priester 1/28/16 1:22 PM (11) The license and permit division of the police department must be given written

    notification of any change in application or maintenance information within five days of such change.

    Page 9: [8] Deleted Melvin Priester 1/28/16 1:23 PM (13) Taxicab companies shall maintain at least eight vehicles for hire under their company

    name for which a CPNC license has been issued, or the number of vehicles operated by the company as of the effective date of these articles, if less than eight.

    Page 9: [9] Deleted Melvin Priester 1/28/16 1:24 PM $75,000.00 for injury or death of any one person and subject to that limit for each person.

    One hundred fifty thousands dollars for each accident. Seventy-five thousand dollars for damage to property. Uninsured motorist coverage for an accident in the minimum amount of $25,000.00 for injury or death of any one person and subject to that limit for each person. Fifty thousand dollars for each accident. Ten thousand dollars for damage to property. Such liability insurance shall be conditioned that the person, firm, corporation or partnership filing the same will satisfy all judgments and decrees rendered against them in favor of all persons for personal injuries or property damage caused by the operation of such vehicle, and to indemnify and save harmless the city, its officers or agents from all judgments, causes of action, costs and expenses of defending any suit, or cause of action, that might be brought, arising from or growing out of the operation of the vehicle for hire by the principal, or his agents, lessees, successors or assigns, or operating under the trade name, or operating out of the terminal of the principal. Each policy of insurance shall name the city as an additional insured and shall provide that the license and permit division of the police department be given at least 30 days prior written notice by the insurer of any cancellation or amendment of the policy.

    Page 10: [10] Deleted Melvin Priester 1/28/16 1:28 PM

  • (4) Be a resident of the state for at least six months immediately preceding the date of application.

    (5) Exhibit a proficiency with the English language so as to be able to comprehend and interpret traffic signs, issue written receipts to passengers and obey lawful orders of police and others in lawful authority

    Page 10: [11] Deleted Melvin Priester 1/28/16 1:30 PM

    (6) Provide a copy of the CPNC's privilege license from the city.

    (7) Submit written statement from a CPNC holder stating that the applicant will be affiliated as a driver with that CPNC holder upon issuance of the permit.

    (8) Submit to fingerprint analysis by the city's police department; this shall include analysis through the Mississippi Crime Information Center.

    Page 10: [12] Deleted Melvin Priester 1/28/16 1:31 PM been convicted, been on probation, parole, or served time on a sentence for a period of five years previous to the date of application, for the violation of any criminal offense, felony or misdemeanor, of the city, of the State of Mississippi or any other state or of the United States. If at any time during the application process the applicant is charged with any criminal offense, consideration of the application shall be suspended until entry of a judgement or dismissal. A plea of nolo contendere to a criminal offense shall constitute a conviction.

    (10) Not have been convicted of three or more violations of these articles within a period of two years prior to the date of application.

    (11) Be examined by a physician licensed to practice in the state and provide written certification from such physician stating that the applicant is not disabled by reason of defects of sight, hearing, body, limbs or evidence of narcotic or alcoholic usage from safely operating a motor vehicle in and upon the streets of the city. The city reserves the right to have any applicant examined by a physician appointed by the city before issuing a permit to such applicant to drive a vehicle for hire within the city.

    Page 11: [13] Deleted Melvin Priester 1/28/16 1:33 PM Sec. 126-54. - Driver's dress code.

    Each driver while operating a vehicle for hire shall be neat and clean in appearance at all times.

    (1) Male drivers shall wear long pants, shirts with collars and sleeves, and shoes. Shoes shall be clean, closed-in and worn with socks. Hair, beards and/or moustaches shall be neat, trimmed and present a groomed appearance. Chauffeur's style caps may be worn.

    (2) Female drivers shall wear long pants or skirts, shirts with collars and sleeves, and shoes. Shoes shall be clean, closed-in and worn with socks or stockings. Hair shall be neat, trimmed, and present a groomed appearance. Chauffeur's style caps may be worn.

    (3) During seasonal periods, drivers may wear knee-length walking style shorts with a short sleeve or a polo shirt, white socks and a leather top shoe with a rubber sole with the approval of the company. Low cut, sleeveless shirts and tank tops shall not be worn. Cut-off jeans shall not be worn. Sheer, transparent or fish net materials shall not be used for any apparel.

  • (Ord. No. 2000-11(27), VI-C, 3-28-00)

    Page 11: [14] Deleted Melvin Priester 1/28/16 1:34 PM

    (4) City of Jackson's "Action Line" number for complaints and comments;

    Page 12: [15] Deleted Melvin Priester 1/28/16 1:35 PM (d) Permanently affixed to the roof of each taxicab shall be a dome light not less than six inches

    in height, bearing the word "TAXI", the company name or the company telephone number.

    (e) Shuttles shall display not more than two signs, logos or other emblems, not to exceed 400 square inches each, which identify the person or organization making available the service and the persons to whom the service is made available.

    (f) Every vehicle authorized for shuttle service must operate on a schedule approved by the committee.

    Page 12: [16] Deleted Melvin Priester 1/28/16 1:35 PM Sec. 126-79. - Taxicabs and shuttles; specifications.

    (a) Color scheme. Each CPNC holder and its agents shall have its vehicles painted the same color and marked with a uniform logo or insignia. The color shall be chosen by the CPNC holder and approved by the committee.

    (b) Vision obstructing devices. No vehicle shall be equipped with shades, curtains, or any other vision-obstructing device.

    (Ord. No. 2000-11(27), VIII-A, 3-28-00)

    Page 15: [17] Deleted Melvin Priester 1/28/16 1:39 PM

    (1) Each vehicle for hire shall be inspected during the month of the expiration of the current inspection sticker issued by the vehicle for hire inspector.

    (2) The vehicles for hire inspector shall establish a schedule of inspection for all vehicles for hire for which CPNC's have been issued.

    (3) Random inspections may be conducted at any time.

    (4) If a vehicle for hire fails to pass the requirements of the city's inspection, the vehicle for hire inspector shall issue the driver a correction slip, giving the driver 15 days within which to correct the listed deficiencies. In such event, the vehicles for hire inspector shall forward to the CPNC holder a copy of the correction slip.

    (Ord. No. 2000-11(27), IX-A, 3-28-00)

    Page 16: [18] Deleted Melvin Priester 1/28/16 1:39 PM for proper markings and display of information. Inspection of the exterior and interior of the

    vehicles shall include the following:

    a. Exterior. Headlights, taillights, brake lights, directional signal lights, side mirrors, license plate lights, windshield, vent glasses, windshield wipers, all other vehicle glass, glass window raisers, doors and door locks, trunk lid, trunk, hood, door handles, exhaust system, splash shields, hubcaps, bumpers, fenders, motor vehicle frame, and tires shall be inspected to ascertain that each is functioning properly. Each vehicle shall be

  • maintained in a clean condition. There shall be no tears or rust holes in the vehicle body. The paint shall not be peeling or in faded condition. No loose pieces such as fenders, bumpers or trim shall be hanging from the vehicle body. There shall be no unrepaired body damage or any body condition which would create a safety problem or interfere with the operation of the vehicle.

    b. Interior. The interior shall be in a clean condition, free of foreign matter and offensive odors. There shall be no litter in the vehicle or trunk, and the seats shall be kept clean and without holes or large wear spots. The rear view mirror, horn, seat belts, steering wheel, foot brakes, parking brakes and air conditioning and heating systems shall be inspected to ascertain that each is functioning properly. The dashboard, upholstery, floor mats, head lining, door panels and the trunk compartment shall be inspected to determine whether they are clean, free of debris, free of tears, and that the trunk has sufficient space for passengers' luggage. The vehicle shall contain a spare tire, a jack, a functional means of communication for limousines and sedans and a functional two-way radio for taxicabs which shall serve as means of communication between the company and the driver

    Page 16: [19] Deleted Melvin Priester 1/28/16 1:40 PM (2) City driver's permit and badge .....18.75

    (3) Renewal of city driver's permit .....18.75

    (4) Issuance of duplicate of any of the above .....18.75

    (5) Vehicle annual inspection .....62.50

    (6) Re-issuance of name change of company or corporation .....250.00

    (7) Transfer of driver to different company .....31.25

    (8) Record keeping fee .....1.25

    (9) Temporary limousine and sedan permit .....25.00

    Page 16: [20] Deleted Melvin Priester 1/28/16 1:41 PM The following fares shall be charged by taxicabs:

    (a) The following fares shall be charged by taxicabs. The maximum fare shall not exceed $3.00 for the first one-tenth mile or fraction thereof and $3.00 for each additional mile thereafter.

    (1) For each additional person who is five years of age or older and who is group riding, the maximum charge of the metered fare shall not exceed $1.00. Provided, however, said maximum shall not exceed $3.00 for trips to/from the Jackson Evers International Airport.

    (2) Waiting or delay time shall not exceed $23.00 per hour or a fraction thereof.

    (3) [Reserved.]

    (4) Privately negotiated contracts for the allowable movement of goods shall be permitted and not be subject to regulations. Privately negotiated contracts for tours and for the movement of passengers for more than one round trip shall be allowable and not be subject to regulation.

    (5) Charges for trips originating outside the geographic legal limits are negotiable between the taxicab company and/or the driver and the passenger.

    (6) Any voluntary discounts to the elderly and handicapped shall be posted in a prominent place on the inside of the taxicab in such a way that it shall be immediately visible to passengers therein.

  • (7) No fare shall be charged by any driver of a taxicab unless that driver has attended a mandatory hospitality training course provided by the Jackson Convention and Visitor's Bureau prior to applying for renewal for a driver's permit. Such training shall include, but shall not be limited to, training in the following areas: customer service, personal appearance of drivers, driver courtesy, sensitivity training to the elderly, infirmed and disabled, and customer satisfaction.

    (Ord. No. 2000-11(27), X-B, 3-28-00; Ord. No. 2005-36(2), 11-28-05; Ord. No. 2012-7(2), 4-3-12; Ord. No. 2013-1(3), 1-22-13)

    Sec. 126-128. - Limousines, sedans, shuttles, and animal-drawn vehicles; fares.

    (a) Limousines, not to exceed $75.00/hour, per vehicle. A limousine service may not charge fares based upon fractions of an hour except after the first hour of service.

    (b) Sedans, not to exceed $45.00/hour, per vehicle.

    (c) Shuttles, not to exceed $15.00/hour, per vehicle. Shuttles to/from the Jackson International Airport to points in and beyond the downtown Jackson area, so long as such points are within the legal limits of the City of Jackson, shall charge not more than $15.00 per person.

    (d) Animal-drawn, not to exceed $35.00/hour, per carriage.

    (Ord. No. 2000-11(27), X-C, 3-28-00)

    Secs. 126-129126-150. - Reserved.

    Page 19: [21] Deleted Melvin Priester 1/28/16 1:56 PM ARTICLE VIII. - BUSES

    Sec. 126-356. - Instructing or permitting charging of excessive fares.

    Any person, having authority so to do, who shall instruct or knowingly permit any person or any employee of such person, to charge or exact a fare for the riding of a bus or motor vehicle operated under any franchise with the city in excess of the fare provided by ordinance under such franchise shall be guilty of a misdemeanor. Every exaction of such excessive fare shall be a separate offense by such person so instructing or permitting the exaction of such fare.

    (Code 1971, 28-70)

    Sec. 126-357. - Designation of buses required.

    Every bus operated within the city limits for the transportation of passengers shall be plainly designated as such.

    (Code 1971, 28-71)

    Sec. 126-358. - Refusal to pay fare.

  • It shall be unlawful for any passenger on any bus being operated in the city to refuse to pay his fare, or to refuse to deposit the fare according to the reasonable rules adopted by the manager of the bus company.

    (Code 1971, 28-72)

    Secs. 126-359126-390. - Reserved.

    ARTICLE IX. - WRECKER SERVICES

    FOOTNOTE(S):

    --- (3) ---

    Cross reference Emergency services, ch. 50.

    DIVISION 1. - GENERALLY

    Secs. 126-391126-415. - Reserved.

    DIVISION 2. - STORAGE AND REPORTING REQUIREMENTS; TOWED VEHICLES

    Sec. 126-416. - Purpose and findings of division.

    The city council has determined that motor vehicles are being towed and stored on private lots that have later been determined to be stolen, and that in order to assist in the reduction of time for recovering such stolen vehicles that wrecker services should be required to provide certain information to the city police department, auto theft division, so that such division can easily determine whether or not said motor vehicle is stolen, and if so, notify its owner as soon as possible.

    (Ord. of 1-3-95, 2)

    Sec. 126-417. - Definitions.

    The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

    Motor vehicle means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, which is self-propelled or which may be connected to and towed by a self-propelled device.

    Vehicle identification number (VIN) means a number or numbers, a letter or letters, a character or characters, a datum or data, a derivative or derivatives, or a combination or combinations thereof, used by the manufacturer for the purpose of uniquely identifying a motor vehicle or a motor vehicle part.

    Wrecker service means any person, firm, partnership, association, corporation, company or organization of any kind that charges a fee for towing, trailering, or otherwise moving wrecked, disabled or abandoned vehicles in the city.

  • Wrecker service lot or storage facility means any building, lot or other premises where motor vehicles are stored, parked or repaired for a fee.

    (Ord. of 1-3-95, 3)

    Cross reference Definitions generally, 1-2.

    Sec. 126-418. - Penalty for violation of division.

    Any person or business who fails to submit reports, as required under section 126-419, shall forfeit all claims for towing services and storage of such vehicle, and shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $100.00 nor in excess of $1,000.00 or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment.

    (Ord. of 1-3-95, 8)

    Sec. 126-419. - Reporting.

    Whenever any motor vehicle of a type subject to registration in this state has been towed by a wrecker service and stored, parked, or left at a wrecker service lot or storage facility in excess of five days, the owner of the wrecker service shall report in writing to the city police department, auto theft division, the make, model, vehicle identification number (VIN), license numbers and the date of towing and/or storage of such vehicle; the person authorizing towing and/or storage; and such person's address and telephone number and reason for towing and/or storage, on a form prescribed and furnished by the department. Such written report shall be made no later than five days from the date the vehicle was towed and/or stored; provided, however, that nothing in this section shall apply where arrangements have been made, in writing, for continuous storage or parking by the owner of the vehicle so parked or stored with the owner or operator of the wrecker service.

    (Ord. of 1-3-95, 4)

    Sec. 126-420. - Abandoned vehicles.

    Whenever a wrecker service tows an abandoned vehicle at the request of a private citizen, the wrecker service shall, within five days from the date of towing, report in writing to the city police department, auto theft division, the make, model, vehicle identification number (VIN), license number and the date of towing of such vehicle; the person requesting such towing; and the person's address and telephone number on the form prescribed and furnished by the department.

    (Ord. of 1-3-95, 5)

    Sec. 126-421. - Records.

    The owner of the wrecker service shall maintain adequate records on towing and/or storage of all vehicles, describing the vehicle, date brought into storage and the name and address of the person and/or department authorizing such storage. These records shall be open to inspection by any law enforcement officer during normal business hours.

    (Ord. of 1-3-95, 6)

  • Sec. 126-422. - Vehicle markings.

    All vehicles used by a wrecker service for towing, trailering, or otherwise moving motor vehicles pursuant to this chapter shall, on each front door, bear in permanently embossed letters, no less than six inches in height, the name, address, and telephone number of the wrecker service.

    (Ord. of 1-3-95, 7)