Chapter 66 - VEHICLES FOR HIRE#

Footnotes:#

(1) ---

Cross reference—Advertising, ch. 6; streets, sidewalks and other public places, ch. 50; traffic and vehicles, ch. 58.

State Law reference—Local licensing of drivers of taxicabs and similar for-hire passenger vehicles, Code of Virginia, § 46.2-310; license plates for vehicles for hire, Code of Virginia, § 46.2-711; taxicabs generally, Code of Virginia, § 56-291.1 et seq.; regulation of taxicab service by localities, Code of Virginia, § 56-291.3:1 et seq.

Sec. 66-26. - Privilege or use tax imposed; exceptions.#

(a) For the operation of each motor vehicle, trailer or semitrailer kept or used within the town for rent or hire, for the transportation of passengers, or operated by a contract carrier of passengers by motor vehicle, there shall be paid to the town manager of the town the sum of $2.50 annually for each revenue-producing seat. The fees prescribed in this article are hereby declared to be a privilege or use tax.

(b) The following vehicles are exempted from the provisions of this article and the license fee imposed herein:

(1) Vehicles used by a dealer or manufacturer for sales purposes.

(2) Vehicles used by common carriers of persons operating between the town and other cities and towns within the state, provided that such vehicles are not used in intracity transportation of passengers within the town.

(Code 1971, § 9-1; Ord. of 8-3-87)

Cross reference—Taxation, ch. 54.

State Law reference—License tax authorized, Code of Virginia, § 56-291.3:2.

Sec. 66-27. - Issuance; contents.#

Upon payment of the prescribed fees, the town manager shall issue a license, signed by himself or his duly constituted agent, upon which shall appear the state license number, motor number, model, manufacturer's name, seating capacity and the name of the person in which the vehicle, trailer or semitrailer so licensed is registered.

(Code 1971, § 9-2)

Sec. 66-28. - Term; renewal.#

Every license issued under this article, unless otherwise provided, shall expire on the March 31 next succeeding the date issued. Every such license shall be renewed annually upon application by the owner and by payment of the fees required by law, such renewal to take effect on April 1 of each year.

(Code 1971, § 9-3)

Sec. 66-29. - Fee for period of less than year.#

One-half of the annual fees prescribed in this article shall be collected whenever any license is issued during the period beginning on October 1 in any year and ending on January 15 in the same license year. One-third of such fees shall be collected whenever any license is issued after January 15 in any license year.

(Code 1971, § 9-4)

Sec. 66-51. - Definitions.#

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

Agents means references to council and town manager include any agents or representatives duly appointed by the council or by the town manager.

Certificate means the certificate of public convenience and necessity granted under this article to persons in the business of operating taxicabs.

Certificate holder means any individual, association, partnership, company, corporation or other organization that has been granted a certificate of public convenience and necessity as provided in this article.

Driver means the person actually driving a taxicab for hire.

License means the taxicab driver's license provided for in this article.

Taxicab means any motor vehicle having a seating capacity of not more than six passengers, and not operating on a regular route or between fixed terminals, used in the transportation of passengers for hire or for compensation.

Taxicab business means the business of transporting passengers, for compensation, by taxicabs.

Taxicab service means the operation of any motor vehicle upon any street or highway, on call or on demand, accepting or soliciting passengers indiscriminately for transportation, for hire, between such points along streets or highways as may be directed by the passenger so being transported.

Cross reference—Definitions generally, § 1-2.

Sec. 66-52. - Purpose of article.#

The purpose of this article is to regulate and control the operation of taxicabs for hire in the town, in order to preserve the health and welfare of the citizens and to protect their property.

Sec. 66-53. - Application of article.#

Any person who transports persons for hire in a taxicab, or engages in the taxicab business, shall be governed by the conditions and regulations prescribed in this article.

Sec. 66-54. - Enforcement of article.#

This article shall be enforced by the town manager or other agents of the town, under the direction of the town manager.

Sec. 66-55. - Compliance with article.#

No person shall use the term "public vehicle," "taxi," "taxicab," "cab," "for-hire car," or any term of similar meaning in advertising, nor shall any person place on any motor vehicle any such language or any lights similar to those commonly used to identify taxicabs, nor shall any person, by any means, hold himself out as the operator or driver of a taxicab, unless he has complied with the provisions of this article, insofar as the provisions shall be applicable.

Sec. 66-56. - Penalty for violation of article.#

Unless otherwise specifically provided, any violation of any provision of this article shall constitute a class 2 misdemeanor.

Sec. 66-57. - False statements in applications, reports, and information required by article.#

(a) It shall be unlawful for any person to knowingly make or cause to be made, either directly or indirectly, any material false statement in any application filed pursuant to this article. In the event of a violation of this subsection, the application in question may be rejected by the town manager. Upon such rejection, the applicant, or his agent, may not resubmit an application for a period of 30 days.

(b) It shall be unlawful for any person to knowingly make or cause to be made, either directly or indirectly, any material false statement in any information or report required by this article to be submitted by certificate holders, vehicle owners, or their agents, or taxicab drivers.

Sec. 66-58. - Information to be filed with town manager.#

Every certificate holder shall maintain on file with the town manager his name, his company's name, business address, garage address, all business telephone numbers listed in his company's name, the names of all drivers and their license numbers and addresses, and the names and addresses of all vehicle owners, and shall, within 48 hours after any change in connection therewith report such change to the town manager.

Sec. 66-59. - Insurance required.#

(a) Every owner of any taxicab operating in the town shall file with the town manager, and keep in effect at all times, a policy of insurance with an insurance company duly licensed to do business in the state. The minimum amount of coverage provided by such policy shall be:

Coverage	Minimum Amount
(1) For injury to one person in any one accident	$50,000.00
(2) For injury to two or more persons in any one accident	$100,000.00
(3) For property damage in any one accident	$25,000.00

(b) Each insurance policy offered as fulfillment of the requirements of this section shall contain a clause to the effect that the insurance carrier may cancel the policy upon ten days' written notice to the town manager, as well as such other notice as may be required by law to be given to the owner.

(Ord. of 4-25-95)

Sec. 66-60. - General vehicle requirements.#

(a) Every taxicab certificate under this article shall be either a vehicle specifically designed for use as a taxicab or a vehicle of the closed or sedan type.

(b) Every taxicab governed by this article shall be of good substantial appearance and so constructed and maintained as to provide for the safety of the public, continuous and satisfactory operation, and operation with minimum noise and vibration. Every taxicab shall be structurally sound as to all its parts, shall not have broken or cracked fenders or glass, and shall be painted to give reasonable protection to all painted surfaces from structural deterioration. All marks of identification on taxicabs shall be permanent and clearly legible at all times.

(c) Every taxicab certificated by this article shall have on each side of the taxicab, in permanent letters of a minimum of two inches in height, the name of the holder of the certificate, the telephone number of the holder, and the number of the vehicle as designated by the certificate.

Sec. 66-61. - Required equipment.#

In addition to equipment required of motor vehicles by the Code of Virginia, which requirements are adopted by section 58-1, every taxicab certificated under this article shall be equipped with the following:

(1) A frame or holder for the proper display of certificate card and the taxicab driver's license provided for in this article, which shall face the passengers and be so located as to be at all times in plain view of such passengers. Such frame or holder shall be subject to the approval of the town manager.

(2) A heater sufficient to heat the interior of the taxicab adequately in cold weather.

(3) A power plant adequate to enable it to operate effectively and efficiently.

(4) At least two doors for the entrance and exit of passengers, in addition to the doors which give access to the driver's compartment. Passenger doors must be constructed so that they will remain securely fastened during normal operation but may be readily opened by a passenger in case of emergency. Each door shall be constructed with a double or safety lock.

(5) Approved safety, nonshatterable glass in the windshield and all windows. The center partition, if any, between the driver's compartment, shall be of this type of glass or plastic.

(6) A standard speedometer properly installed, maintained in good working order and exposed to view. No taxicab shall be operated in taxicab service while such speedometer is out of repair or disconnected.

Sec. 66-62. - Inspection; correction of defects.#

(a) The town manager may, at any time, require the owner or driver of a taxicab to have such vehicle inspected at an official inspection station of the state. No taxicab shall be operated until any defects found by such inspection have been corrected.

(b) The town manager shall have the authority, at any and all times, to inspect any taxicab, and the certificate holder shall be given 14 days to make such repairs or adjustments as are required.

Sec. 66-63. - General operating requirements.#

Every taxicab shall be operated in accordance with the laws of this state and the provision of this Code and other ordinances of the town, with due regard to the safety, comfort and convenience of passengers and the general public.

Sec. 66-64. - Solicitation of patronage on public property.#

Taxicab drivers or taxi company agents shall not solicit patronage for any taxicab, by word, signal or other such measures, on or in any public street, public building or public property in the town, other than at taxicab stands.

Sec. 66-65. - Use for unlawful purposes.#

No owner or driver of a taxicab shall permit such vehicle to be used for unlawful purposes or knowingly transport persons therein to places for such purpose.

Sec. 66-66. - To be attended by driver.#

Every taxicab, while in operation for the solicitation or transportation of passengers, shall be attended by the driver at all times, except when such driver is actually engaged in loading or unloading passengers or answering telephones in connection with the business.

Sec. 66-67. - Possession of weapons by driver.#

It shall be unlawful for a driver to operate or drive a taxicab at any time while having in his possession or within the vehicle any weapon, which shall include, but not be limited to, firearms in which ammunition may be used or discharged by explosion, pneumatic pressure or mechanical contrivance.

Sec. 66-68. - Driver's manifest.#

(a) Every taxicab driver shall maintain a daily manifest upon which are recorded the time the taxicab began operation and stopped operation on the streets, the taxicab number and driver's name and all trips made each day, showing the time and place of origin and destination of each trip and the number of passengers and amount of fare. This information shall be recorded at the end of each trip. In addition, the driver shall record on each manifest, at the beginning and end of each tour of duty, the total miles, trips, extra passengers and the speedometer readings. All such completed manifests shall be returned to the certificate holder by the driver at the conclusion of the driver's tour of duty.

(b) If a taxicab driver changes taxicabs during his tour of duty, he shall maintain a separate manifest for that portion of the tour of duty in which another vehicle is used.

(c) The forms for manifests required by this section shall be furnished to the driver by the certificate holder and shall be subject to the approval of the town manager. It shall be unlawful for a driver to maintain an incomplete manifest.

(d) Every certificate holder shall retain and preserve all drivers' manifests in a safe place for at least 90 days, and the manifests shall be made available upon demand, for inspection by the town manager.

Sec. 66-69. - Maximum number of passengers generally.#

A driver shall not permit more persons, including the driver but excluding children in arms, to be carried in a taxicab in the town at any one time than the seating capacity of the taxicab, as rated by its manufacturer.

Sec. 66-70. - Maximum number of passengers on front seat.#

At no time shall more than two persons, in addition to the driver, ride on the front seat of any taxicab, a child in arms excepted.

Sec. 66-71. - Nonpaying passengers not to be transported with paying passenger; exceptions.#

No nonpaying passenger shall be transported in a taxicab with a paying passenger, except bona fide officers or employees of the taxicab owner or a police officer engaged in the performance of his duty and unable to obtain other adequate means of transportation.

Whenever any taxicab is occupied by a passenger, the driver shall not permit any other person to occupy or ride in such taxicab, unless, having been requested by the driver, the passenger gives his affirmative permission.

Sec. 66-73. - Refusal of passengers.#

Taxicab drivers shall not refuse or neglect to convey any orderly person, upon request, unless previously engaged or forbidden by the provisions of this article to do so.

Sec. 66-74. - Deception of passengers; use of shortest route to destination.#

A driver shall not deceive or attempt to deceive any passenger who may ride in his taxicab, or who may desire to ride in such taxicab, as to his destination or the rate of fare to be charged, and shall not convey any passenger, or cause him to be conveyed, to a place other than directed by him. In no event shall any taxicab driver take a longer route to the destination than necessary, unless so requested by the passenger.

Sec. 66-75. - Compliance with requests of passengers.#

All taxicab drivers shall comply with all reasonable and lawful requests of their passengers as to the speed of travel and the route to be taken.

Sec. 66-76. - Passengers not to be permitted to enter or leave from left side of vehicle; exceptions.#

Drivers shall not permit passengers to enter or to leave any taxicab from the left side, except at the left curb of one-way streets or while parked perpendicular to the curb in places where such parking is permitted.

Sec. 66-77. - Loading or unloading not to impede or interfere with traffic.#

Taxicab drivers shall not stop to load or unload passengers or their belongings in the intersection of any street or on any crosswalk. No taxicab shall be loaded or unloaded in any such manner that will, in any way, impede or interfere with the orderly flow of traffic on the streets.

Sec. 66-78. - Accident reports.#

Every accident in which any taxicab is involved shall be reported, by the certificate holder, vehicle owner or driver involved, within five days, to the police department.

Sec. 66-91. - Required; prerequisite to issuance of business license.#

(a) It shall be unlawful for any person to engage in the taxicab business in the town, unless a certificate of public convenience and necessity has been issued by the town manager pursuant to the provisions of this division.

(b) No license for the business of operating a taxicab or fleet of taxicabs upon the streets of the town shall be issued pursuant to section 54-3 to any person, until there has been issued to him the certificate required by this section.

Sec. 66-92. - Application; contents.#

(a) Application for a certificate under this division shall be made, under oath, by the prospective certificate holder or his authorized agent, to the town manager, upon forms provided by the town.

(b) In addition to any other pertinent information that the town manager may require, the certificate application shall provide the following:

(1) The full name and the home and business address of the applicant. If the applicant is a corporation, a certified copy of the articles of incorporation shall be attached to the application.

(2) The trade name and the telephone numbers under which the applicant does, or proposes to do, business.

(3) The number and ownership of vehicles to be operated and the seating capacity, design and color scheme of each vehicle.

(4) The character and location of the depots and terminals to be used.

(5) A description of the communication system to be used.

(6) A description of the service to be rendered and the proposed operating hours.

(7) Each conviction or plea of guilty or nolo contendere for the violation of any criminal law whether such violation is of an ordinance, state law or federal law, of the applicant, or if the applicant is a corporation, of each of the officers of the corporation.

(8) The specific experience of the applicant in the transportation of passengers for hire.

(9) All facts or circumstances upon which the applicant bases his belief that public convenience and necessity requires the granting of his application.

(c) In the case of individual owners operating as part of an association, a notarized statement giving the individual owners' permission to operate as part of that association must accompany the application submitted pursuant to this section.

(d) Each application submitted pursuant to this section shall be accompanied by a color scheme, insignia and cruising light design which shall conform to regulations issued by the town manager and which shall be unique and readily distinguishable from previously approved color schemes and insignia.

Sec. 66-93. - Limitation on number to be issued.#

The number of certificates issued under this article shall not permit the number of vehicles operated as taxicabs to exceed 100.

Sec. 66-94. - Determination of public convenience and necessity.#

Each year, the town manager shall review such applications as have been filed in accordance with section 66-92. If the number of taxicabs for which such certificates have been issued does not equal the quota, as set forth in section 66-93, the town manager shall determine whether the public convenience and necessity requires the operation of additional taxicabs within the town. In making this decision, the town manager shall provide each certificate holder with an opportunity to express an opinion. He shall notify each certificate holder of the quota as set forth in section 66-93, the total number of certificates currently issued and that consideration is being given to issuing additional certificates to fill such quota. The certificate holders may submit their opinions in writing, within 30 days of the date of notification. The town manager may, at his discretion, hold a public hearing for this purpose.

Sec. 66-95. - Certificate holder to operate at least three vehicles.#

No certificate shall be issued by the manager unless the applicant can show that he will operate three taxicabs and keep them in continuous use.