Bill H.3213

HOUSE DOCKET, NO. 2496 FILED ON: 1/20/2011

HOUSE . . . . . . . . . . . . . . . No. 3213

By Mr. Fresolo of Worcester, a petition (accompanied by bill, House, No. 3213) of John P. Fresolo for legislation to further regulate vehicles for hire. Transportation.

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 4685 OF 2009-2010.]

The Commonwealth of Massachusetts

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In the Year Two Thousand Eleven

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An Act establishing a vehicle for hire law.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

Notwithstanding any general or special law, rule or regulation to the contrary, the General Laws are hereby amended by inserting, after chapter 90 the following chapter:-

Chapter 90 ½

Section 1 For the purpose of this chapter, the following words shall have the following meanings :

livery car service, an unmarked vehicle with a seating capacity not to exceed the manufacturer’s recommended seating capacity that is operated for hire and used to provide livery service, by or on behalf of a named insured, or by an employee of the named insured, and which displays a livery registration number plate issued by the registry of motor vehicles. A livery car service shall:

(A) be hired on a prearranged basis only, with a minimum of 12 hour notice;

(B) not pick-up fares on the street;

not take on-demand requests for transportation;

not contain a rate meter, and shall not charge for services based upon miles traveled if the trip is less than 25 miles;

manage on a prearranged, scheduled business day and return to the vehicle’s base of operation ( fixed business address) for a continuous period of a least 4 hours in each 24 hour period;

be managed by the licensed, named insured or a licensed employee of the named insured, who shall be in attendance as a chauffeur;

be managed from a base of operation, which is a fixed business address that is properly insured and zoned for said business and whose vehicles shall each have two-way telephone or cell phone communications between each driver of a vehicle and the base of operations;

(H) shall have in each vehicle for hire, at the start of each shift, a pre-completed schedule trip sheet including all of the following information for each vehicle:

(i).current date including date, month and year;

(ii).the name of the vehicle’s associated company and licensed owner;

(iii) the name of the vehicle’s driver;

(iv) the vehicle’s license number or permit number;,

(v) the time of all prescheduled pick-up of passengers;

(vi) the name of each passenger and total number of passengers for each prescheduled pick-up;

(vii) the origin number, street and city of each passenger;

(viii) the time of all prescheduled drop-off and actual drop-off time of passengers;,

(ix) the name of each passenger and total number of passengers for each prescheduled drop-off,;

(x) the place of destination, including number, street and city for each passenger; and

(xi) the form of primary payment method and amount received.

livery limousine service, an unmarked luxury vehicle with a seating capacity not to exceed the manufacturer’s recommended seating capacity, which is operated for hire by or on behalf of the licensed, named insured, or by a licensed employee of said, named insured and is operated for hire and used to provide limousine service by or on behalf of the named insured, or by an employee of said named insured and displays a livery registration number plate issued by the registry of motor vehicles. A livery limousine service shall:

(A)be hired on a prearranged hourly basis for weddings, funerals, religious ceremonies or other social events or functions;(B) be hired on an exclusive, dedicated basis for the duration of said event or function, not limited to drop-off and pick-up;

be managed by the licensed, named insured, or by a licensed employee of the said named insured, and who shall be in attendance as a chauffeur, at the beginning, during, and at the ending of said function;

not pick-up hailed fares on street;

(E) not take on-demand requests of any type for transportation;

(F) not contain a rate meter, and does not charge for services based upon miles traveled if the trip is less than 25 miles;

(G) be managed on a prearranged, scheduled business day, and returned to the vehicle’s base of operation for a continuous period of a least 4 hours in each 24 hour period;

(H) Manages from a base of operation, which is a fixed business address that is properly insured and zoned for said business,

have vehicles which have two-way telephone/cell phone communications between each driver of the vehicle and the base of operations,

have in each said vehicle for hire, at the start of each shift, a pre-completed schedule trip sheet including all of the following information for each vehicle:

(i)current date;,

(ii).name of the vehicle’s associated company and licensed owner;

(iii) the name of the vehicle’s driver;

(iv) theehicle’s license number or permit number;

(v) the time of all prescheduled pick-up of passengers;

(vi) the name of each passenger and total number of passengers for each prescheduled pick-up;

(vii)the number street and city of origin of each passenger listed;

the time of all prescheduled drop-off and actual drop-off time of passengers;

the name of each passenger and total number of passengers for each prescheduled drop-off,

the number, street and city of destination of each passenger listed; and. . .

the form of primary payment method and amount received.

Taxicab, a metered or unmetered motor vehicle with a seating capacity not to exceed manufacturer’s recommended seating capacity, displaying on its exterior, permanently painted or decal identification markings, a light, which shall be affixed to the roof of said vehicle, and a taxi registration number plate issued by the registry of motor vehicles, operated for hire by or on behalf of the named insured or by an employee or independent contractor of said named insured; but which does not pickup, transport, or discharge passengers along a route A taxicab shall:be hired on a hailed, on an on-demand or on a prearranged basis and shall:

may contain a rate meter and charge for service based upon time and miles traveled, or on a flat rate basis, or on a prearranged billed basis;

be managed by the licensed, named insured, a licensed employee, or licensed independent contractor of the named insured, and who is in attendance as the driver of the taxicab;,

manage from a base of operation, which is a fixed business address that is properly insured and zoned for said business;

have vehicles with each have a two-way radio dispatching or two-way computerized dispatching communications system with said base of operations;

maintain at the start and end of each shift, way bills including all of the following information for each vehicle:

current date by date, month and year;,

(ii).the name of the vehicle’s associated company and/or licensed owner;

(iii) the name of the vehicle’s driver,

the vehicle’s license,pPermit, or medallion number;,

the time of pick-up of passenger(s),

the place of origin by number, street and city of each passenger;

the place of destination by number, steet and city of each passenger; and . .

the form of primary payment method and amount received.

Section 2. Primary payment method shall be by cash, voucher, credit card, check, or prearranged billing including name of billed individual or company.

Section 3. No person shall set up, employ or use, for the conveyance of passengers for hire, any motor vehicle, coach, van, cab or other means of conveyance, without a license to own and operate a taxicab or livery vehicle for hire from the department of telecommunications and energy or the municipality in which the main office is located. In the absence of a local government authority, the police department shall be responsible for all licensing under this chapter.

Section 4. Prior to the registry of motor vehicles issuing the appropriate registration plate for a vehicle for hire, the vehicle for hire must have a license or permit from the local governing authority that corresponds with its main office , which is where said vehicle is owned and operated as a licensed taxi or a licensed livery or limousine. The owner of the vehicle for hire must also insure each licensed vehicle, from the city or town from which its base of operation is maintained. Each licensed vehicle must also have the appropriate type and amount of insurance that corresponds to its issued license or permit for the type of business it is licensed, such as a taxi, livery or limousine, before said registration plate is issued.

Section 5. Every person granted a vehicle for hire license or permit under this section shall be duly established in the particular type of business for which the license has been by the local governing authority, shall operate said vehicle from a base of operation, which is a fixed address that is properly zoned for said business and which the vehicle is properly insured in the municipality from which it is licensed to operate its business.

Section 6. No vehicle for hire license shall be issued unless the person owning or in possession of such vehicle for hire shall file with the local governing authority, a written petition, addressed to that local governing authority, in a format prescribed by that local governing authority, and which includes the following information:

1.The full legal name) of each person who is the owner of the vehicle or the vehicle’s applicant. In the event of a name change, a notarized document from the appropriate municipal registry or court shall be submitted reflecting each name change for each person,

2.the birthdate and place of birth by, city, state, country, for each vehicle owner or applicant including notarized birth certificates and proof of citizenship or legal

immigration card,

3. The social security number of each person,

valid and current, commonwealth driver’s license number,

current residences and mailing address for each person,

previous residence and mailing address, if current or any residence is less than 5 years,

Two telephone numbers to contact each person, personal and business, if applicable and…

The owner and applicant, of said vehicle, shall, in no event, be less than 18years of age.

Section 7. The said petition shall also state the following:

The year, make, model, and type of the vehicle, the vehicle identification number and the purpose of each vehicle for hire that is being petitioned by said owner and applicant,

The state registration number of said vehicle,

If the petition is made by a corporation, then the full names, addresses and telephone numbers of each corporate office shall also be provided, along with a copy of its articles of incorporation.

Section 8. Vehicle for hire license shall be renewable on an annual basis, with each license expiring on a date approved and assigned by the local governing authority of said vehicle.

Section 9. The total number of taxicab licenses, which may be granted and outstanding at any one time in the local governing area , shall not exceed the quantity which was pre-established by that local governing authority. The total number of taxi vehicles allowed to be licensed, at any one time, in said local governing area, shall be the quantity established by that same local governing authority.

Section 10. No vehicle for hire license shall be sold, transferred or assigned without the consent of said vehicle’s local governing authority.

Section 11. Any license required by this section shall only be issued after the applicant has acquired a policy of insurance and has delivered a copy of it to the local governing authority, issued by an insurance company authorized to transact business specified in sub-division (b) of section 47 of chapter 175 of the General Laws, and conforming to the provisions of sections 112 and 113 of chapter 175, nor until the applicant has also delivered to the local governing authority, a certificate of the insurance from the insurance company issuing the policy showing that the policy shall not be cancelled or in any manner, amended, changed, or altered, without giving said local governing authority, 5 business days written notice, and upon receiving written approval from said local governing authority, thereof.

Section 12. Every vehicle for hire owner shall be licensed as such, and shall, at all times, carry liability insurance which provides indemnity for or protection to the insured, and any person responsible for the operation of the insured’s vehicle with the insured’s express or implied consent, against loss by reason of the liability to pay damages to others for bodily injuries, including death at any time resulting therefrom, sustained during the term of the policy by any person, other than employees of the insured, or, of such other person responsible as aforesaid, who are entitled to payments for benefits under the provisions of chapter.152, and arising out of the ownership, operation, maintenance, control or use upon the ways of the commonwealth of such vehicle, to the amount andr limit, as set forth by the on account of injury to or death of any one person, and, subject to such limits as respects injury to or death of any one person, of the amount and limit, on account of any one accident resulting in injury or death of more than one person. In addition, the owner shall carry a property damage policy in the amount set forth by the commonwealth.

Section 13. The local governing authority may accept from the insurance company, a statement in writing, on a temporary basis, for a term that is not to exceed 30 calendar days from the date of issuance of said written statement, certifying that a policy of insurance is to be issued to the applicant and identifying the vehicles insured in lieu of the certificate of insurance. Following said 30 day temporary period, the certificate of insurance shall be received by the local governing authority and include in its body, whether the vehicle is being insured as a taxicab, livery, or limousine. The certificate of insurance shall be filed with the local governing authority immediately following preparation and issuance of the policy of insurance and also include the notice of cancellation of insurance to the local governing authority as specified in this chapter.

Section 14. Any licensed vehicle for hire whose insurance has been terminated, cancelled or expired, shall cease to operate said vehicle until the insurance has been properly renewed, reinstated, or reissued by the insurance company for said vehicle as required by these Articles, covering the vehicle licensed.

Section 15. Each and every holder of a license issued pursuant to this chapter, shall be responsible for ensuring that each of said licensee’s vehicles is maintained and operated in full compliance with this chapter. Owners shall not allow operation of any vehicle that is unsafe for passenger service.

Section 16. Each holder of a vehicle for hire license issued pursuant to this chapter, shall personally, or by an agent, inspect, repair and clean the interior and exterior of such vehicle on each day that the vehicle is operated. Such inspection shall be for the purposes of ascertaining vehicle compliance with these articles.

Section 17. Each holder of a vehicle license issued pursuant this chapter, shall instruct each licensed operator in the recording and maintenance of a daily log for each vehicle. Such licensee must verify that the daily log has been properly prepared and accept the daily log for filing at the end of each day. The daily logs shall be retained for a period of not less than 4 years. Such logs shall, upon request, be open to inspection by the local governing authority and local chief of police or any police officer designated by the chief of police).

Section 18. Each holder of an owner license issued pursuant this chapter shall be responsible for training and supervising each and every driver operating any of said licensee’s vehicles. Such training shall include but not be limited to the use of two-way radio dispatch, two-way computerized dispatch for taxicabs, or cellular or landline telephones for liveries/limousines, preparation of a daily logs, and proper vehicle operation.

Section 19. No persons owning or in possession of a vehicle for hire licensed under this chapter, shall authorize, permit or allow such licensed vehicle to be operated by any person except a licensed public vehicle for hire operator; nor shall any person drive or have charge of any such licensed vehicle except a person licensed under this chapter to operate such vehicles. Except in cases of emergency or training, no person other than a fare-paying passenger, and only when the back seat is filled with passengers, shall ride with or accompany any vehicle for hire operator in the front seat of any licensed vehicle for hire.

Section 20. Each and every holder of a license issued pursuant to this chapter shall be responsible for verifying as to each and every driver, operating any of said licensee’s vehicles eligibility for employment in the United States as per Title 8, USC, § 1324A.

Section 21..Each and every holder of a license issued pursuant to this chapter, shall be required to inform each and every driver operating any of said licensee’s vehicles, as to the standards for dress and appearance.

Section 22 A driver shall be refused work by the holder of a license issued pursuant this chapter, if in the opinion of the licensee, the driver is in an intoxicated or otherwise unstable state.

Section 23. Each licensed driver of a licensed vehicle for hire issued pursuant to this chapter, shall ensure that the local police department, the registry of motor vehicles and said vehicle’s insurance company, are each notified in writing, of any motor vehicle accident involving any of said licensee’s vehicles for hire drivers, by filing an authorized RMV Automobile Accident Report form, within 5 business days from the date of such accident. The licensed driver shall also immediately notify the owner and the company of the licensed vehicle, before the driver leaves the scene of the accident, and provide the following:

(1) All and any personal injury information of all parties and all and any property damage information,

(2) Names, addresses, telephone numbers, drivers license numbers and Issuing State, of other

Driver’s vehicles that were involved in the accident,

(3) Names, addresses, telephone numbers, of all passengers in all vehicles involved in accident,

(4) Insurance company and policy number of other driver’s vehicles involved in accident,

(5) Year, make, model, type and color of other driver’s vehicles involved in accident,

Section 24. When a vehicle for hire owners changes vehicles, he shall bring the new registration certificate to the local governing authority and police department, which shall make a copy of the same. After being approved and properly recorded by said local governing authority and police department, the new or replacement vehicle shall become the licensed vehicle for hire.

Section 25. Each holder of a license issued as a vehicle for hire, pursuant this Law, shall not transport any child under 5 years of age or under 40 pounds, without providing the passenger, a child passenger safety seat for the transportation said child, in accordance with section 7AA of chapter 90.

Section 26. Failure to comply with the provisions of, chapter 13, regarding vehicles for hire, may result in the immediate suspension or revocation of any vehicle license issued, and/or fines, as pursuant to this chapter.

Section 27. A licensed livery vehicle shall bear no external markings of any type, unless otherwise determined by the local governing authority. Nor shall such a vehicle be equipped with any distinguishing lights or other externally mounted instruments so as to distinguish it from any private passenger vehicle.

Section 28. The local governing authority, the chief of police, or his designee, may at any time, order a random compliance check of any vehicle for hire’s owner, driver, business or vehicle, which was licensed in the commonwealth. Said compliance checks shall not limit the local governing authority or the police officer’s ability to stop any vehicle for hire, at any time, for any reasonable suspicion of violations of any statutes, or this chapter. Said compliance checks may include an audit of any vehicle for hire’s license, registration, insurance policy, daily logs, vehicle safety, its company’s insurance policy, and the driver’s licenses.

Section 29. If a random vehicle compliance inspection reveals a licensed vehicle to be unsafe for transportation, the vehicle license shall be suspended upon written notice to the licensee of said vehicle’s inspection findings. The vehicle shall be immediately removed from service and shall remain out of service until the defect has been corrected and an authorized representative of the police department has re-inspected and approved said vehicle to be fit for service.

Section 30. No taxicab shall operate without permanent decals or painted markings, which specify that taxicab’s license number, its trade or business name, its company’s contact telephone number, and the name of the city or town in which said vehicle is licensed and insured. In accordance with section 22 of chapter.40, the taxicab’s trade or business name, the taxicab’s license number, its telephone number and the said name of the city or town, shall all have permanent decals or be painted in letters not less than 4inches high and ½ inch wide. The vehicle for hire taxicab shall display on its exterior, its trade’s business name, its telephone number, and the said name of the city or town, in which it was licensed and insured, which shall be permanently decaled or painted in the same distinctive color as all other licensed vehicle for hire that are in the same company. The taxicab’s license number, its trade or business name, its company’s contact telephone number, and the name of the city or town in which said vehicle is licensed and insured. shall be permanently decaled or painted in a contrasting color from the vehicle’s body color. The placement of the permanently decaled or painted trade or business name, the taxicab’s license number, telephone number, and said city or town, shall be placed on both the left and right side each taxicab, as set forth by its local governing authority.

Removable or magnetic decals are expressly forbidden.

Section 31. No advertising may appear on a taxicab without prior authorization for the local governing authority No other business information may appear on a taxicab except for the hours of daily operation a designation of handicap-accessible (only if applicable, acceptance of credit cards, availability of customer cellular telephone, no smoking, and air conditioning.

Section 32. A licensee shall not permanently decal, paint, or otherwise mark a licensed vehicle for hire or taxicab to resemble a licensed taxicab operated by another licensed taxicab company. However, all licensed taxicabs operated by the same taxicab company, shall be painted with identical colors and markings, distinguishable from other licensed taxicab companies.

Section 33. Every taxicab shall be equipped with a two-way radio dispatch or a two-way computerized dispatch communications system. Said dispatch communications systems, shall be used to receive and dispatch fares from its said properly zoned base of operations, pursuant to the communications requirements set forth in this chapter.

Section 34. Unless local governing authority rules differently, every taxicab shall be equipped with a tested, approved, and sealed, fare meter, in accordance with the rules and regulations set forth by the commonwealth or said vehicle’s local governing authority.

Section 35. Every taxicab shall be equipped with a light attached to the roof of said vehicle and must be clearly visible from the front of said vehicle. The taxicab’s roof light shall be illuminated during the same time as said vehicle’s headlights.

Section 36. Each properly licensed and insured vehicle for hire, shall carry the following items:

Registration card of said vehicle for hire,

Pre-schedule trip sheetsfor livery or way bills for taxi) , and

Blank receipt forms

. Every vehicle for hire shall have displayed, a visible driver identification, which includes the following:

The first and last name and colored photo of the driver and his license, permit, or hackney number

Section 38. Each licensed vehicle for hire, shall be maintained at all times in compliance with the requirements set forth in the 540 CMR 4.04 and the local governing authority.

Section 39. Every vehicle for hire liveryor limousine, licensed for operation, and having a license or permit, shall display said license or permit on the exterior and/or interior of said vehicle, as designated by the local governing authority.

Section 40. All vehicles for hire taxicabs, licensed for operation, and having a medallion or permit, shall display said medallion or permit on the exterior and/or interior of said vehicle, as designated by the local governing authority.

Section 41. Each driver of avehicle for hire licensed pursuant to this chapter, shall at all times, operate it in accordance with the laws of the cCommonwealth and the ordinances and regulations of the licensed vehicles’ local governing authority. A driver shall not knowingly give direction, information or transportation to a person seeking a place or person for illegal purposes including, but not limited to, the purchase or acquisition of controlled substances within the meaning of chapter 94C.

Section 42. No driver shall, while on duty, take or be under the influence of or consume any alcoholic beverages. No driver shall, whether on or off duty, purchase, sell, use or possess any controlled substance as defined by chapter 94C.

Section 43.No driver shall, while on duty, take or be under the influence of any prescription drug, which may impair the driver’s ability to operate said vehicle safely.

Section 44. A driver shall not knowingly operate a taxicab or livery that is unsafe for passenger service.

Section 45.All drivers of licensed vehicles for hire shall, except when a passenger directs otherwise, transport passengers via the most direct route to the passenger’s specified destination. The driver shall always obtain permission from the passenger to transport said passenger via any route other than the most direct route.

Section 46. The driver of a vehicle licensed pursuant to this chapter shall not refuse transportation to any person except for any of the reasons set forth in subparagraphs (1) through (5) and as otherwise provided in this chapter and the ordinances and regulations set forth by the local governing authority:

When a person is noisy or disorderly, or the driver has reason to believe that such a person is under the influence of alcohol or drugs unless said driver is directed to transport said person by a police officer, after securing identification of said person and having ascertained such person’s ability to pay the driver,

When the person represents a threat to the safety of the driver or to his or her ability to drive the vehicle in a safe manner,

When a person is unconscious or deceased and placed in the vehicle by others,

When to do so would constitute assisting in a crime,

When a passenger is unduly discourteous to the driver or emits an offending odor

Drivers are to include the reason for refusal in the daily log if they encounter any of the above situations.

Section 47. No person other than the licensed driver of a licensed vehicle for hire, shall ride or sit in the front seat of said vehicle unless the rear seat is fully occupied by passengers. This provision shall not apply to passengers who must sit in the front seat for physical or health reasons, or for an authorized trainee having been licensed by the local governing authority.

Section 48. At his discretion, a driver may accept or refuse a call when a person is escorting an animal, except if:

The animal is properly and adequately secured in a kennel case or other suitable container which would not cause danger to the taxi driver and the interior of the taxicab, or;

The person is blind, deaf or otherwise disabled and is accompanied by a properly harnessed muzzled guide dog. No charge shall be made for transporting an animal if accompanied by such passenger;

Any driver who is afraid or allergic to animals shall declare his allergy or fear at initial licensing and must have on their person, while on-duty transporting fares, a written approval to drive without accepting animals, from the Local Governing Authority. All existing, licensed drivers who have allergies or fears of animals, shall have 30 calendars days, pursuant to the enactment of these Articles, to declare such position and to obtain written approval to drive without accepting animals from the Local Governing Authority.

Section 49. No driver shall refuse transportation to a person with a wheelchair, which folds up. Said person must be able to get into and out of the taxicab without assistance from the driver. Once said person is in the taxicab, the driver, without extra charge, shall fold up the wheelchair and place it in the trunk or in the rear of the taxicab, as well as remove it, for said passenger.

Section 50. Drivers of licensed vehicles for hire shall not smoke cigars, cigarettes or pipes while transporting passengers. Drivers of licensed vehicles for hire displaying a “No Smoking” sign shall not be required to transport a passenger who insists on smoking a cigar, cigarette or pipe after being requested to refrain from smoking.

Section 51. Upon the request of any passenger, a driver shall provide a receipt to such passenger. Such receipt shall detail the date, time, point of origin and destination as well as the fare charged for such transportation.

Section 52. All taxicab drivers shall complete a daily log for each shift, documenting every fare from point of origin to point of destination. This daily log shall include:

Current Date bymonth, date,and yearTaxicab’s license number, oOperator’s name, and date and time of last vehicle inspection,

Pick-up place of origin by number, street and city of each, passenger

Place of destination by number, street and city of each passenger,

Total amount of said fare, and whether it was a metered or flat rate fare, and the

Form of Payment

Section 53. All livery car service drivers must have in each vehicle for hire, at the start of each shift, a pre-completed schedule trip sheet which must have documented, every prearranged fare scheduled for that day, from point of origin to point of destination and shall also include all of the following information:

a.Current date by date, month and year

b.Name of said vehicle’s associated company and licensed owner,

c.Name of said vehicle’s licensed driver,

d. Vehicle’s license number or permit number,

Time of prescheduled pick-up of each fare ,

Name and contact telephone number. of each prescheduled fare to pick-up and drop-off,

Place of origin,by number. street and city of each fare,

Time of prescheduled and actual drop-off of each fare,

Destination by number, street and city of each fare,

Total number of passengers for each pick-up and drop-off, and . . .

Form of primary payment method and amount paid.

At the end of every shift, the driver shall submit the daily log to the owner and/or company of said licensed vehicle, for filing and storage for a minimum of 4 years.

Section 54 All livery limousine drivers must have in each vehicle for hire, at the start of each shift, a pre-completed schedule trip sheet which must have documented, every prearranged fare scheduled for that day, from point of origin to point of destination and shall also include all of the following information:

a.Current date by date, month and year),

b.Name of said licensed insured vehicle’s associated company and licensed owner,

c.Name of licensed vehicle’s licensed driver,

d. Vehicle’s license number or permit number,

Time of prescheduled pick-up of each fare ,

Wait time of each prescheduled event

Name and contact telephone number of each prescheduled fare to pick-up and drop-off,

Place of origin by number, street and city of each fare,

Time of prescheduled and actual drop-off of each fare

Place of destination by number, street and city of each fare,

Total number of passengers for each pick-up and drop-off, and . . .

Form of primary payment method and amount received,

At the end of every shift, the driver shall submit the daily log to the owner and/or company of said licensed vehicle, for filing and storage for a minimum of 4 years.

Section 55. A licensed taxicab driver may accept a hailed fare while driving through any public, private street or place.

Section 56. A licensed taxicab driver may accept an on-demand fare, or a prearranged fare, from dispatch and/or cellular phones.

Section 57. No more than one vehicle for hire, for each dwelling unit on a lot, is permitted to be parked or garaged in a residential zone.

Section 58. When picking up passengers, vehicle for hire drivers shall refrain from excessive usage of their vehicle’s horn.

Section 59. A licensed livery driver shall not accept a hailed fare while driving through any public, private street, or place.

Section 60. A licensed livery driver shall not accept an on-demand fare of any kind. Said licensed livery driver shall only pick-up fares that have been prearranged, for a minimum of 12 hours in advance of pick-up.

Section 61. No more than one vehicle for hire, for each dwelling unit on a lot, is permitted to be parked or garaged in a residential zone.

Section 62.When picking up passengers, vehicle for hire drivers shall refrain from excessive usage of their vehicle’s horn.

Section 63. A licensed livery shall only pick-up fares that have been prescheduled for a minimum 12 hours in advance of said pick-up

–Section 64. The rates to be charged for a conveyance of a passenger in a taxicab within its municipality, shall be set by the local governing authority.

Section 65. The rates to be charged for any prearranged conveyance of a passenger in a livery/limousine, shall not be based upon miles traveled, if the trip is less than 25miles.

All fees charged to passengers, shall be agreed upon, in advance of said prearranged trip.

Section 66.

First Offense:

Any livery vehicle for hire, found to be operating illegally as a taxicab, shall result in the issuance of a non-criminal disposition fine of not less than$5000, payable, in-full, to the local police department or the local governing authority, and the immediate suspension of said vehicle’s license or permit to operate, for a period not less than 30 calendar days. All fines must be payable, in-full, and shall become the property of said local governmental agency of police department, prior to the reinstatement of said vehicle for hire’s license or permit to operate.

Second Offense:

Any livery vehicle for hire, found to be operating illegally as a taxicab, for a second offense, shall result in the issuance of a criminal disposition fine of not less than$5000, payable, in-full, to the local police department or local governing authority, and the immediate suspension of said vehicle’s license or permit to operate, for a period not less than 90 calendar days. All fines must be payable, in-full to, and shall become the property of said local governing authority or police department, prior to the reinstatement of said vehicle for hire’s license or permit to operate.

Third Offense:

Any livery vehicle for hire, found to be operating illegally as a taxicab, for a third time, shall result in the issuance of a criminal complaint, and an immediate fine of not less than$5000, which shall be payable, in-full to, and become the the property of the local police dDepartment or the local governing authority, and shall result in the immediate revocation of said vehicle’s license or permit to operate, and the immediate impounding and sale of said vehicle and its entire contents, at a public auction, by the local police department or local governing authority. All proceeds of the sale of said vehicle and its entire contents, shall be payable, in full and the property of the local police department or local governing authority. All fees, legal and otherwise, taxes and any other costs associated with the impounding and sale of said vehicle and its entire contents, shall be the sole responsibility of said vehicle’s licensed owner and must be payable in-full, and shall become the property of the local governing authority. In addition, all and any outstanding liens, encumbrances and/or fines, upon said vehicle, shall remain the sole responsibility of said vehicle’s licensed owner.

Any owner of said livery for hire, found guilty of a third offense, shall not own a livery for hire license, nor operate any livery for hire, for a period of not less than 2 years from the date of revocation of said vehicle’s license or permit to operate.

Section 67. Any vehicle, found to be operating illegally as a taxicab, at any time, shall result in the immediate issuance of a criminal complaint, and an immediate fine of $5000, which shall be payable, in-full, and become the property of the local police department or local governing authority, and shall result in the immediate revocation of said vehicle’s registration to operate, and the immediate impounding and sale of said vehicle and its entire contents, at a public auction, by the local police department or local governing authority. All proceeds of the sale of said vehicle and its entire contents, shall be payable, in full and the property of the local police department or local governing authority. All fees, legal and otherwise, taxes and any other costs associated with the impounding and sale of said vehicle and its entire contents, shall be the sole responsibility of said vehicle’s registered owner and must be payable in-full, and the property of the local governing authority. In addition, all and any outstanding liens, encumbrances and/or fines, upon said vehicle, shall remain the sole responsibility of said vehicle’s registered owner.

Section 68. (1) First Offense:

Any taxicab driver, found to be operating a taxicab illegally in any other town or city other than where said taxicab is licensed as a taxicab, by picking up hails, or passengers on any public or private way or at any public or private establishment or residence, without previously being schedule or pre arranged, shall result in the issuance of a non-criminal disposition fine of not less than$5000, payable, in-full, to the local police department or local governing authority, and the immediate suspension of said vehicle’s license or permit and drivers hackney license to operate, for a period not less than 30 calendar days. All fines must be payable, in-full, and shall become the property of said local agencies, prior to the reinstatement of said vehicle for hire’s license or permit, and drivers hackney license to operate.

(2) Second Offense:

(3)Third Offense:

Any taxicab driver, found to be operating a taxicab illegally, in any other town or city other than where said taxicab is licensed as a taxicab, by picking up hails, or passengers on any public or private way or at any public or private establishment or residence, without previously being schedule or pre arranged, for a third time, shall result in the issuance of a criminal complaint, and an immediate fine of not less than$5000, which shall be payable, in-full to, and become the property of the local police department or local governing authority, and shall result in the immediate revocation of said vehicle’s license or permit, and driver’s hackney license to operate, and the immediate impounding and sale of said vehicle and its entire contents, at a public auction, by the local police department or local governing authority. All proceeds of the sale of said vehicle and its entire contents, shall be payable, in full and shall become the property of the local police department or local governing authority. All fees, legal and otherwise, taxes and any other costs associated with the impounding and sale of said vehicle and its entire contents, shall be the sole responsibility of said vehicle’s licensed owner and must be payable in-full, and the property of the local governing authority. In addition, all and any outstanding liens, encumbrances and/or fines, upon said vehicle, shall remain the sole responsibility of said vehicle’s licensed owner..

Section 69. Any violations of this chapter, other than the specific violations specified in sections 66 through 68, may result in the issuance of a non-criminal disposition fine of %500and shall be payable, in full, to the local police department or local governing authority.

in any other town or city other than where said taxicab is licensed as a taxicab, by picking up hails, or passengers on any public or private way or at any public or private establishment or residence, without previously being schedule or pre arranged, shall result in the issuance of a non-criminal disposition fine of not less than $5000.

Name:	District/Address:	Date Added:
John P. Fresolo	16th Worcester	1/20/2011