[Added 4-11-2017 by Ord. No. MC-5038]
As used in this Article, the following terms shall have the
meanings indicated:
A place of business from which City-licensed taxicabs are
dispatched.
A dispatch service provider, not owned by the base, that
provides its services - including via the use of dispatch devises
- under an agreement with the base.
A request made from a base to a City-licensed taxicab driver
directing the driver to provide transportation to a passenger who
has previously arranged for such transportation.
A publicly or privately-available electronic booking device
or mobile telecommunications online-enabled technology application
(e.g., without limitation, smartphone, cellphone or tablet-based)
and related dispatch equipment and system (e.g., without limitation,
antennas and computers).
Base dispatching, reserving, or referring of trips to City-licensed
taxicab drivers for or on behalf of bases by services provided under
common corporate ownership or by way of contract dispatch service
providers using dispatch devices. Dispatch service includes a base
dispatching or managing its fleet under the trade, business, or operating
name the base has on file with the City using commercial dispatching
software. Dispatch service shall also include a base dispatching through
a dispatch device that uses the same name in its branding, operations,
promotions, or advertisements as the trade, business, or operating
name the base has on file with the City.
A dispatch arranged through a licensed dispatch service provider
through a dispatch device.
The place or location of the business within Camden where
taxicabs are dispatched, stored and/or parked.
A.
The City of Camden shall license all taxicab dispatch service providers
and regulate their use of dispatch devices. All dispatch service providers
operating or doing business within the boundaries of Camden shall
obtain licenses from the City to operate their dispatch systems —
including said dispatch devices — and shall comply with all
City ordinances, rules, and policies governing how dispatch service
providers manage customer interactions and dispatch to taxicab drivers
and vehicles.
B.
The City's creation of a licensing structure for all dispatch
service providers and regulation of their use of dispatch devices
accomplishes the following goals:
(1)
Protect the travelling public. As taxicab companies take advantage
of technological advances to offer taxicab services in Camden, the
City wants to ensure that all taxicab bases and drivers adhere to
important public safety, transparency, accountability, and availability
principles in conducting their dispatch services.
(2)
Protect bases and drivers. City-licensed taxicab bases providing
dispatch services under common corporate ownership or by contract
service providers using dispatch devices must all be accountable to
the City. In particular, contract dispatch service providers can oftentimes
cause taxicab bases or drivers to unintentionally violate City ordinances
and rules; and the City's only recourse in these instances is
to enforce against local taxicab bases and drivers, who may not have
control over or knowledge of violations by contract dispatch service
providers. Without the threat of a penalty, contract dispatch service
providers have diminished interest in limiting bases' liability,
creating a significant accountability gap. Licensing all dispatch
service providers closes this gap. Furthermore, contract dispatch
service providers based in other jurisdictions who choose to operate
in Camden will not be able to "disappear," leaving taxicab bases and
drivers with no legal recourse. Licensing creates an official relationship
between all dispatch service providers and the City and will ensure
they have a stake in keeping drivers and bases in compliance with
City ordinances, rules and policies. Knowing that a licensed dispatch
service provider has a stake in their compliance with City ordinances,
all bases and drivers will be able to use contract dispatch service
providers, not just those with the means to negotiate and enforce
contracts.
(3)
Provide uniform standards for passenger protection. All taxicab passengers
are entitled to the same protections and notifications, regardless
of how their vehicles were dispatched to them. Licensing all dispatch
service providers, including those that utilize dispatch devices,
ensures they are required to provide the same services that bases
are required to provide.
This article shall apply to all owners of taxicabs, bases, and
dispatch service providers operating, or to be operated, in the City
of Camden as well as all taxicabs, bases and dispatch services to
be so operated.
A.
It shall be unlawful for any taxicabs, base owners, dispatch service providers or other person, as defined in § 485-1 of the City Code, to engage in the activity identified and regulated by this article, without first having obtained a license therefor and paid the fee required for such license, both as provided in Chapter 485, Licenses and Business Regulations. Any person engaging in such activity who shall fail to comply with any provision of this article or of this Chapter 758 shall be in violation of the provisions of this article.
B.
It shall be unlawful for any base owner or dispatch service provider
to transmit requests for taxicab transportation or dispatches or e-dispatches
to any taxicab driver who does not have a valid City of Camden-issued
taxicab license.
C.
For the purposes of avoiding distracted driving, a taxicab driver
is permitted to use dispatch device(s) provided that the device(s)
is mounted in a fixed position and not hand-held and use of the dispatch
device(s) is limited to either voice or one-touch preprogrammed buttons
or keys while the vehicle is in motion.
A.
All taxicabs, base owners and dispatch service providers shall file
with the Division of Inspections all contact information made available
to or offered to the public for purposes of pre-arranging taxicab
service by use of dispatch service, including but not limited to telephone
numbers, websites, smartphone applications, websites, and e-mail addresses
of its dispatch service providers.
B.
If the contact information made available to or offered to the public
for purposes of taxicab service cannot be used to contact the taxicab,
base or dispatch service provider for immediate trip-related customer
service, a taxicab, base owner or dispatch service owner must file
with the Division of Inspections a working customer service telephone
number and/or e-mail address.
C.
These telephone numbers, websites, smartphone applications, websites, e-mail addresses, and other contact information and methods of dispatch service providers can be used only with the name of the taxicabs, base owners and dispatch service providers or the aforesaid businesses' trade, business or operating name approved under Chapter 485, Licenses and Business Regulations.
All license applications and the administration thereof under this article shall be governed by the provisions of Chapter 485, Licenses and Business Regulations that do not conflict with the provisions in this article. Additionally, licensees under this article shall comply with the following:
A.
Applicants for licenses under this article shall swear (or affirm) that the information in the application is true, under penalty of perjury, to the Bureau of License and Inspections, and that the taxicab, base, dispatch service provider, or contract dispatch service provider, where applicable, will only dispatch to City of Camden-licensed taxicabs that operate in Camden (§ 485-9).
B.
Applicants for licenses under this article submit with its license
application to the Bureau of License and Inspections a list of all
its dispatch service providers. The licensee must file with the Bureau
of License and Inspections all updates to its list of dispatch service
providers within five business days of entering into a new dispatch
services agreement or terminating an existing agreement.
C.
For the purposes of demonstrating to the Bureau of License and inspections
how the particular dispatch device functions and can be safely used
by taxicab drivers within their taxicabs, licensees shall provide
the Bureau of License and Inspections with the current physical dispatch
devices integrated to the taxicab, base or dispatch service provider's
dispatch program (e.g., My Taxi Ride, Limosys, etc.), and written
description of the make, model number, and software version of said
dispatch device. Licensees shall provide an undated device to the
Bureau of License and Inspections 10 days after Licensee's receipt
of same.
D.
The City and its Bureau of License and Inspections shall take all
necessary steps to protect the privacy of individual drivers and passengers
and their private information, as defined by state law, and follow
all applicable state and federal privacy laws in this regard.
E.
On a monthly basis, on the last day of each month, licensee shall
e-mail to the Bureau of License and Inspections the licensee's
receipts for its rental, licensing, or use of the dispatch device.
F.
Licensee shall ensure that all confirmations of dispatched taxicab
pickup to fare via e-dispatch, text, e-mail, or other electronic means,
must include the pick-up vehicle's City of Camden taxicab license
and license plates numbers.
G.
Applicants for licenses under this article submit with its license
application to the Bureau of License and Inspections its detailed
policies and technical means by which other dispatch device users
who are not licensed to operate a taxicab in Camden, or who operate
personal or other commercial vehicles, will be blocked from receiving
dispatch service calls within Camden.
H.
Licensees shall collect and provide to the Bureau of License and
Inspections a list of all City of Camden-licensed taxicabs they provide
dispatches to.
