[2-22-2022 by by Ord.
No. 22-02[1]]
As used in this article, the following terms shall have the
meanings indicated:
A for-hire, passenger-carrying, self-propelled motor vehicle
not operating on a regular route or between fixed terminals and having
a seating capacity of not more than six persons.
Time consumed while the taxicab is waiting and available
for passengers, beginning five minutes after the time of arrival at
the place to which the vehicle has been called, and time consumed
while standing at the direction of the passengers. Waiting time shall
not include time lost on account of time consumed by premature response
to a call, or a motor vehicle accident or breakdown.
[1]
Editor's Note: This ordinance also repealed former Art. VII,
Public Vehicles, adopted by Code 1991, §§ 12-241 through
12-262, and §§ 12-281 through 12-289, as amended. This ordinance
also specifically repealed Res. No. 09-61, "Approving an extension
of the gasoline surcharge for taxicab fares," adopted 6-9-2009, and
Res. No. 13-65, "Approving a taxicab surcharge during the closure
of Fall Hill Avenue." This ordinance provided an effective date of
3-8-2022.
[2-22-2022 by Ord. No.
22-02]
A.
No person shall own or operate a taxicab or other motor vehicle performing
a taxicab service upon the streets or highways of the City without
having first obtained from the Chief of Police a certificate of public
convenience and necessity.
B.
The Chief of Police shall prescribe the form to be used in initially
applying for the certificate and the form to be used in applying for
a renewal. The application shall include:
(1)
The full name and address of the applicant, including;
(2)
Application for a background check of the applicant;
(3)
The VIN number(s), make, model, seating capacity, and color scheme
of each taxicab;
(4)
A copy of the current for-hire registration for each taxicab;
(5)
Proof of Virginia title and registration for each taxicab;
(6)
Proof of current Virginia safety inspection for each taxicab;
(7)
Information on the wheelchair accessibility of each taxicab;
(8)
A certificate of insurance;
(9)
Schedule of rates and charges, and methods of payment;
(10)
Customer support telephone number and instructions for reporting
a complaint;
(11)
Proposed schedule and customer complaint notice for taxicabs;
(12)
The operator's policy of nondiscrimination;
(13)
For a renewal, records of activities of the certificate holder
for the previous 12 months;
(14)
Such other information as the Chief of Police reasonably may
require for the implementation of this article.
C.
The Chief of Police shall inspect all motor vehicles proposed to
be used as taxicabs for compliance with this article.
D.
The Chief of Police shall promptly investigate the matters stated
in the application, and act upon each complete application within
30 days from receipt. In making his decision, he shall consider whether
the public convenience and necessity require the operation of the
public vehicle(s) for which the application is filed. The Chief of
Police shall consider whether the application, schedule of rates and
charges, and motor vehicles, comply with this article. Any denial
of an application shall be made in writing, setting forth the grounds
for denial.
E.
The Chief of Police shall report to the Commissioner of Revenue all
approved or renewed certificates, together with the number of vehicles
allotted.
F.
Upon receipt of the approved applicant's current business license,
the Chief of Police shall issue to the applicant a certificate for
each approved motor vehicle, authorizing the use of the motor vehicle
to provide taxicab services in the City.
[2-22-2022 by Ord. No.
22-02]
A.
The term of validity of a certificate shall expire on the last day
of the 12th month after the date of issuance.
B.
The certificate shall be affixed to the motor vehicle for which it
was issued, in the location directed by the Chief of Police.
C.
A certificate shall not be transferable.
D.
A certificate shall lapse with respect to an individual vehicle or
any one of the specified number of vehicles for which the certificate
has been issued when the particular vehicle has not been used to provide
taxicab service for 60 or more consecutive days.
E.
The Chief of Police may, for cause, suspend or revoke any certificate,
for failure to comply with one or more requirements of this article,
upon prior notice to the certificate holder, and an opportunity to
respond.
[2-22-2022 by Ord. No.
22-02]
Each holder of a certificate shall maintain motor vehicle liability
insurance of at least $125,000 or such higher amount required by state
law for motor carriers operating exclusively taxicabs or other motor
vehicles performing a taxicab service. The policy shall be issued
by an insurer licensed to transact the business of insurance in the
Commonwealth of Virginia.
[2-22-2022 by Ord. No.
22-02]
Any person who:
A.
Owns or operates a taxicab or other motor vehicle performing a taxicab
service upon the streets or highways of the City without a current
certificate of public convenience and necessity;
B.
Knowingly makes or causes to be made any false statement on an application
for a certificate of public convenience and necessity or driver's
permit;
C.
Drives a taxicab while performing a taxicab service upon the streets
or highways of the City without a current taxicab driver's permit;
D.
Permits a driver without a valid taxicab driver's permit to
drive a taxicab owned by the person;
E.
Unlawfully refuses to provide taxicab service to a passenger;
F.
Charges an unlawful rate or charge for taxicab service;
G.
Refuses to provide a receipt for payment of fare to a passenger who
has paid the lawful fare;
H.
Engages a taxicab for transportation with intent to obtain service
without paying the lawful fare;
|
shall be guilty of a misdemeanor and upon conviction thereof
be fined not more than $100 for the first offense and not more than
$500 for each subsequent offense.
|
[2-22-2022 by Ord. No.
22-02]
A.
A decision to deny an application for a certificate of public convenience
and necessity or for a taxicab driver's permit, or to suspend
or revoke a certificate or taxicab driver's permit, shall be
made in writing, stating the reasons therefor. The written notice
of denial shall inform the applicant or holder of his right to request
a hearing within 10 days of the notice.
B.
If a request for a hearing is not made within 10 days of the notice,
the decision of the Chief of Police shall be final.
C.
If a hearing is requested, then it shall be held by the Chief of
Police or his designee, and the applicant shall have the right to
present his own case or have counsel do so. Within a reasonable time
after the hearing, the Chief of Police shall render his decision.
If the Chief of Police refuses to issue or reinstate the certificate
or permit, then the applicant or holder may, within 10 days after
the date of such action, file a petition with the Fredericksburg Circuit
Court seeking judicial review of the action of the Chief of Police,
with a copy of the petition to be served on the Chief of Police.
D.
The filing of the petition with the circuit court shall not postpone
the effective date of the decision of the Chief of Police except by
order of the court.
