|
|
Chapter 10.34
For-Hire VehiclesSections:
10.34.010 Definitions.
10.34.020 Activities Requiring License.
10.34.030 Vehicle License – Application.
10.34.040 Expiration.
10.34.050 Transfer.
10.34.060 Equipment Requirements (Taxi).
10.34.070 Rates and Charges.
10.34.080 Vehicle Inspections.
10.34.090 Required Records.
10.34.100 Discontinued Use.
10.34.110 Violations.
10.34.115 Nonmotorized Vehicles.
10.34.120 Driver’s License – Application.
10.34.130 Expiration.
10.34.140 Transfer.
10.34.150 Issuance.
10.34.160 Display.
10.34.170 Trip Sheets.
10.34.180 Violations – For-Hire Vehicle Operator.
10.34.010 Definitions.
A. “For-Hire Vehicle.”
1. Includes all vehicles used for the transportation of passengers for compensation, upon the streets of the City of Spokane, not including:
a. buses operating under a City franchise3;
b. hearses and vehicles used exclusively for carrying pallbearers;
c. ambulances and similar vehicles regulated by SMC chapter 10.473; and
d. vehicles operating on regularly scheduled routes to points outside the city.
e. vehicles used to provide courtesy transportation at no charge to and from parking lots, hotels, rental offices and airports.
f. “medical car” or “medical transport” which is any vehicle used for the transportation or delivery of medical items: blood, X-rays, prescriptions or supplies. It is not to be used to transport passengers; or
2. Any nonmotorized vehicle, used for the transportation of passengers and incidental baggage for compensation upon the streets of the City of Spokane available for use by the general public.
3. “Limousine” is a for-hire vehicle that is contracted by the hour or individual contract, the rates of which are to be on file under the for-hire vehicle license.
4. “Shuttle service” vehicle is a for-hire vehicle that travels fixed routes or to fixed destination points for a flat fee or contract rate which is to be on file under the companies for-hire vehicle license.
5. “Van service” is a for-hire vehicle that provides transportation of passengers to and from specific contracted locations based on contracted rates.
6. “Taxicab,” “cab,” “taxi” is a for-hire vehicle that is held out to the public as providing transportation to passengers or articles:
a. Where the route traveled or destination is controlled by the customer;
b. That carries signs or indicia of a “taxi,” “taxicab” or “cab” and;
c. Where the fare is based on an amount recorded and indicated on a taximeter or by a special contract rate authorized by this chapter.
d. “Invalid car” is a taxi that is adaptable for use by a passenger using a wheelchair but not requiring medical or nursing attention while a passenger.
B. The “licensing officer” is the chief of police or his designee.
C. “Normal business hours” are 9 a.m. to 5 p.m.
D. “Dispatch or dispatch service” is a for-hire license or a business that contracts with a taxi company, taxi association or for-hire vehicle company for radio or computer dispatched services. A dispatch service must be licensed as a dispatch service with the City of Spokane and may not operate from a residential-zoned property.
E. A “business office” is a location within the County of Spokane where the for-hire vehicle records are kept and maintained. These records shall include, but are not limited to, licensing records, trip permits, dispatch records and vehicle maintenance records.
F. “Work shift” is the amount of time a for-hire operator is on duty to operate a for-hire vehicle, shall not exceed twelve consecutive hours. Work shifts shall be separated by a minimum of an eight-hour break.
G. “Licensee” is a for-hire company, or association holding the for-hire vehicle license and which is indicative of the for-hire vehicle markings.
H. “Association” is a company or group of independent owners who by contract operate for-hire vehicles under the same color scheme and licensed under the same association or company name.
I. A “temporary for-hire operator’s license” is a permit to operate a for-hire vehicle only when accompanied by an experienced licensed for-hire operator. The purpose of this permit is to allow a licensee to train new drivers and is only valid for five days from date of issue.
J. “Taximeter” is a device by which the charge for hire of a for-hire vehicle is mechanically measured or calculated based upon a combination of mileage traveled and time elapsed (meter must be NTEP approved).
K. “Waiting time” includes all times when a taxicab is:
1. Standing at the direction of a person who has engaged it; and
2. Not in motion or traveling at such a slow speed that the time rate exceeds the mileage rate.
[Ord. C33165 § 1; Passed: 2/17/2003]
10.34.020 Activities Requiring License.
A. No person may own, operate, use, or drive a for-hire vehicle unless the vehicle is licensed under this chapter and no person may drive a for-hire vehicle without a driver’s license issued under this chapter.
B. The for-hire vehicle and driver licenses required by this chapter are class III licenses under SMC chapter 4.04.
[Ord. C25437 §§ 18.03.020, 18.03.040, 18.04.020, 18.04.040]
10.34.030 Vehicle License – Application.
In addition to the requirements of SMC 4.04.030, an applicant for a for-hire vehicle license must submit:
A. Proof of ownership or lessee’s interest in the vehicle.
B. The name and address of the owner of the vehicle; a business address and daytime phone number that must be located within the County of Spokane.
C. The make, model, year of manufacture, color, motor or vehicle identification number, state motor vehicle license number and state permit number of the vehicle.
D. An insurance binder, naming the city as an additional insured, providing coverage for the term of the license applied for, in the minimum amounts of one hundred thousand dollars for any recovery for death or personal injury by one person, three hundred thousand for aggregate personal injuries or deaths in any one occurrence and twenty-five thousand dollars for damage to property. The insurance liability limits herein shall be subject to automatic increase if the minimum coverage required by state law is increased for state for-hire vehicle permits, pursuant to RCW chapter 46.72. Such policy shall provide minimum thirty-days written notice to the city of the cancellation of the policy or change in the liability limits.
E. A biannual emissions test certificate conducted by the Department of Ecology is required for vehicles five years of age or older and is to be presented to fleet services at the time of inspection for initial or renewal for-hire vehicle licensing, a copy of which shall be forwarded to and kept on file with police records. Fleet services may require a new emissions inspection based on their vehicle inspection.
F. The schedule or schedules of rates and charges in the form required by SMC 10.34.070.
G. Inspection certificates issued by the fleet services department for vehicle inspection, the department of weights and measures for taximeter inspection and the emissions certificate issued by the Department of Ecology. The inspection certificates herein shall be required for both the initial issuance of a vehicle license and for the renewal of a vehicle license. The inspection certificates for vehicles and taximeters must indicate a date of issuance by the respective departments of not more than thirty days preceding the date of application for a license or the renewal of a license; and
H. Proof of a current city business license.
I. Documentation or copy of FCC license and frequency used by dispatch service.
J. Vehicle inspections by fleet services and weights and measures are to be scheduled by appointment in accordance with each department’s operating policies.
K. Any changes in the above must be reported in writing to the licensing officer within fifteen days.
L. Licensee will establish a written dress code that will be adhered to by for-hire vehicle operators. A copy of this dress code will kept on file with the for-hire vehicle application in police records. Minimum standards as listed in SMC 10.34.180(U).
[Ord. C33165 § 2; Passed: 2/17/2003]
10.34.040 Expiration.
For-hire vehicle licenses shall expire each year on June 30th. Initial licensing fees for the current year may be prorated beginning with the first day of the month after satisfactory completion of all required vehicle inspections.
[Ord. C33165 § 3; Passed: 2/17/2003]
10.34.050 Transfer.
A for-hire vehicle license is not transferable to another person. A for-hire vehicle license is transferable between vehicles of the same licensee for the remainder of the term for which it was issued. If a for-hire vehicle license is transferred to another vehicle, the for-hire vehicle license is to be installed by weights and measures upon satisfactory completion of the licensing process. Fleet services will create a new inspection record for the new vehicle by for-hire license and VIN number. A notation will be made on the replaced vehicle inspection record and filed in accordance with fleet services policies.
[Ord. C33165 § 4; Passed: 2/17/2003]
10.34.060 Equipment Requirements (Taxi).
A. Every licensee of a “taxi” must keep each vehicle equipped with a taximeter that is mounted in such a manner as to be clearly readable to passengers in the back seat and in such position that it does not interfere with any safety equipment (including airbags). Each licensee shall submit each taximeter to inspection in accordance with the requirements of this chapter and all applicable ordinances of the city and in compliance with regulatory standards as adopted by the director of weights and measures. No licensee may use a taximeter which has not been sealed by the department of weights and measures or has its seal broken or tampered with.
B. Every licensee must display on every vehicle:
1. the for-hire vehicle number approved by the license officer shall be in nonremovable figures at least two inches high (of contrasting color with respect to the vehicle color) on both rear quarter panels and on the right side of the rear trunk so as to be visible from behind, an additional number shall be placed on the inside of the passenger compartment so as to be clearly visible to the customer;
2. the name of the business or company to which the vehicle is licensed plainly printed in letters at least two and one-half inches high on both sides;
3. the current year license decal (clearly visible) on the left side of the rear window, or if a license plate is used, installed on the left side of the rear trunk;
4. the schedule or schedules of rates of fare, conspicuously on the exterior of the vehicle and on a notice typewritten upon a contrasting background in at least twenty-four-point type posted in the passenger compartment. Where more than one rate is charged, both the interior and exterior notices must clearly specify when and/or under what conditions the respective rates will apply and must be clearly visible at all times;
5. Section 18.03.110 of the City of Spokane License Code requires that this for-hire vehicle be kept in a clean and safe operating condition at all times. The public is invited to report violations to the Spokane Police Department, 1100 W. Mallon, Spokane, Washington 99260; or by calling (509) 625-5844.
C. The licensee must ensure that every vehicle in operation complies with emission standards, safety and cleanliness regulations promulgated by the fleet services director.
D. Every licensee must ensure that every vehicle is equipped with proper and serviceable seat belts for every passenger.
E. All vehicles associated with a taxi company or dispatch service or belonging to the same company or association must be of the same color scheme and registered with police records. No two companies may have the same color scheme. Color schemes are to be approved by the licensing officer.
F. Every “taxi” must have a top light that clearly indicates when the taxi is in service, with an on/off switch that can be controlled by the operator.
G. The vehicle model year shall be no more than fifteen years prior to the date of application beginning March 26, 2003. No vehicle may be more than ten years old by June 1, 2005, and no vehicle shall be in service that is more than eight years old by June 1, 2007.
H. Licensees who field more than one taxi must utilize a radio or computer dispatching system or service. One-vehicle licensees may utilize telephone dispatch using hands-free equipment only. All phone records of each call for service and dispatch must be kept on file in accordance with this chapter.
[Ord. C33165 § 5; Passed: 2/17/2003]
10.34.070 Rates and Charges.
A. The City does not regulate the rates and charges of for-hire vehicles except to require that they be uniform for all vehicles of the same color combination of a company, that certain measures be taken before rates are changed, and that the rate schedule include certain items.
B. Before putting into effect changed rates, a licensee must file the new schedule or schedules with the license officer at least fifteen days in advance. If the new rate requires adjustment of the taximeter, the licensee may not use the new rate until the adjustment has been made and the meter resealed by the weights and measures department. The licensee must withdraw any advertisement of the previous rates before using new rates. The licensee must post the new rate schedule or schedules in the vehicle as required by SMC 10.34.060(B)(4).
C. A licensee must include in the required rate schedule charges for:
1. waiting time, on an hourly basis;
2. initial drop on all trips including the first tenth of a mile;
3. distance based on uniform increments of one-tenth of a mile;
4. each additional passenger;
5. additional baggage, per piece, not including baggage, which can be carried on by the passenger.
D. Any separate rates for service charged by the licensee must clearly specify when and under what conditions the respective rates will apply.
E. A licensee may by written contract establish a fare for specific transportation different than the filed rate.
[Ord. C33165 § 6; Passed: 2/17/2003]
10.34.080 Vehicle Inspections.
The director of fleet services causes safety inspections to be made of all for-hire vehicles as required by the provisions of this chapter and SMC chapter 4.04 and by regulations established by the director of fleet services. Should a member of the public make complaint to the licensing officer regarding the cleanliness, equipment or operating condition of a vehicle:
A. The licensing officer may, upon evaluation of the complaint direct the licensee to present such vehicle to fleet services for inspection.
B. The licensing officer may order such vehicle to proceed immediately to fleet services for inspection, or issue a written notice to the licensee to present the vehicle for inspection within five working days.
C. The fleet services director reports violations to the police department licensing officer for enforcement as provided in SMC chapter 4.04.
[Ord. C33165 § 7; Passed: 2/17/2003]
10.34.090 Required Records.
Every holder of a for-hire vehicle license must keep the license and all documents showing compliance with the requirements of this code, such as certificates of inspection, trip sheets, vehicle maintenance records and accident reports available for inspection by the license officer at the office address shown on the license. Every licensee will maintain an office, where these records are kept within the County of Spokane. These records must be kept a minimum of five years.
A. Every licensee will maintain a local phone number by which they can be contacted within the County of Spokane during normal business hours.
B. Every licensee’s office will be open and available for inspection Monday through Friday during the hours of 9 a.m. to 5 p.m.
C. Every licensee will notify the licensing officer in writing within five days of any reportable accident involving a for-hire vehicle. The notice will include the date/time of the accident, the location of the accident, the for-hire vehicle number, VIN, and Washington license number of the vehicle and name of the for-hire vehicle driver.
[Ord. C33165 § 8; Passed: 2/17/2003]
10.34.100 Discontinued Use.
The license officer may suspend any vehicle license when the vehicle is not operated for sixty consecutive days.
[Ord. C33165 § 9; Passed: 2/17/2003]
10.34.110 Violations.
It is a violation and grounds for suspension or revocation of a licensee’s for-hire vehicle license, in addition to the requirements of SMC chapter 4.04, for any licensee to:
A. fail to keep all records, documents and information required under this code be kept current and accurate.
1. All records; trip sheets, vehicle maintenance records, dispatch records, accident reports and all documents associated with each for-hire vehicle are subject to inspection by the licensing officer upon demand during normal business hours.
B. allow a for-hire vehicle to be operated by a driver who is not licensed as a for-hire operator under this chapter.
C. allow a for-hire vehicle be operated which does not meet the equipment safety standards and emissions requirements as set forth in this code.
D. allow a vehicle be operated by a driver under the influence of intoxicating liquor or drugs, or to allow a driver to operate a for-hire vehicle who has consumed alcohol or drugs four hours preceding or during a work shift.
E. for a licensee or for-hire operator to engage in any unfair method of competition or deceptive practice, this includes paying or tipping business establishments for rights to cab (taxi) service.
F. fail to report to the licensing officer any accidents or collisions involving a for-hire vehicle.
G. allow a for-hire operator (driver) to operate a for-hire vehicle for more than twelve consecutive hours without an eight-hour break between shifts.
[Ord. C33165 § 10; Passed: 2/17/2003]
10.34.115 Nonmotorized Vehicles.
A. All the provisions of this chapter apply to nonmotorized vehicles, such as horse-drawn carriages and pedicabs, except those that by their nature can have no application, such as those regarding gasoline engine emission standards and vehicle identification and license numbers.
B. If a nonmotorized for-hire vehicle operator fixes rates and charges for carriage on some basis other than a combination of mileage traveled and time elapsed, then the chief of police may exempt the vehicle from the requirements for taximeters.
C. Because of the relative lack of speed and maneuverability of nonmotorized vehicles, the chief of police may impose special requirements on the vehicle license, including prohibiting travel on certain arterials in the congested district or narrow streets and restricting the hours of operation on certain streets. Unless the vehicle is equipped with approved lighting, the chief may prohibit operation during hours of darkness or during times of low visibility.
D. Although a nonmotorized vehicle is subject to all traffic laws applicable to vehicles when operating on the public ways, the chief may approve a specific route set forth in the application including parkways, squares and other places not normally accessible to motor vehicles.
[Ord. C33165 § 11; Passed: 2/17/2003]
10.34.120 Driver’s License – Application.
In addition to the requirements of SMC 4.04.030, an applicant for a for-hire driver’s license must submit:
A. A statement of affidavit, under penalty of perjury:
1. of name, date of birth, and list of addresses for the last five years;
2. of current and last preceding place of employment;
3. whether previously employed or licensed as a for-hire driver and, if so, the reasons why not now so employed;
4. that he/she has been a licensed motor vehicle driver for at least three years;
5. of ability to read and speak the English language;
6. that he/she is not and has not for two years been addicted to the use of intoxicating liquor or drugs;
7. has not been convicted of more than two traffic infractions within the last year (twelve consecutive months);
8. that he/she has not been convicted of an offense involving moral turpitude, a sexual offense, of a felony within the last ten years, or driving under the influence or reckless driving, or hit and run driving within one year, within any state.
B. Proof:
1. that he/she holds a current, valid Washington State driver’s license;
2. of fingerprinting by the Spokane police department;
3. good health;
4. of a current city business license or proof of his/her status as an employee including the name of the employer;
5. a satisfactory drug screen, to be conducted by an approved drug-screening agency at the applicant’s cost.
C. Two recent color photographs.
D. Name of the company or association whom the operator will be driving for.
E. Upon receipt of all required documentation, a temporary for-hire operator’s permit may be issued that is valid only for five days from date of issue. This temporary permit is only valid to operate a for-hire vehicle when accompanied by another licensed for-hire operator. This is for training purposes only upon initial issuance of a for-hire operator’s license.
[Ord. C33165 § 12; Passed: 2/17/2003]
10.34.130 Expiration.
For-hire operator’s licenses are for one year from the date of issuance.
[Ord. C33165 § 13; Passed: 2/17/2003]
10.34.140 Transfer.
A for-hire operator’s license is not transferable.
[Ord. C33165 § 14; Passed: 2/17/2003]
10.34.150 Issuance.
The license officer causes one of the applicant’s photographs to be incorporated into the license along with licensee’s name and assigns a number to the license. The other photograph is kept on file by police records.
[Ord. C33165 § 15; Passed: 2/17/2003]
10.34.160 Display.
Every operator must display his license in a conspicuous place inside the for-hire vehicle clearly visible from the passenger compartment at all times when he or she is operating or in charge of the vehicle.
[Ord. C33165 § 16; Passed: 2/17/2003]
10.34.170 Trip Sheets.
Every for-hire operator is required to maintain a trip sheet to be filed at the end of day or shift with the vehicle licensee’s office. The trip sheet shall show all trips in an accurate and legible manner as each trip occurs and shall include the following:
A. operator’s name and for-hire license number;
B. owner/company name and vehicle number;
C. vehicle for-hire license number;
D. beginning and ending odometer reading;
E. beginning and ending time of each shift;
F. date, time, place of origin and end location of each trip;
G. fare collected;
H. number of passengers;
I. no show trips shall be logged as above.
[Ord. C33165 § 17; Passed: 2/17/2003]
10.34.180 Violations – For-Hire Vehicle Operator.
It is a violation and grounds for suspension or revocation of a for-hire driver’s license, in addition to SMC 4.04.070, for any for-hire driver to:
A. commit more than two traffic infractions in any twelve-month period;
B. commit a felony;
C. commit reckless driving, hit and run, or driving or being in physical control of a vehicle while under the influence of liquor or drugs;
D. fail to deliver to the police department within twenty-four hours any property of value left in a vehicle;
E. allow a person to alight from the vehicle while it is in motion or discharge a passenger at any place other than the curb or pavement edge;
F. allow a passenger to consume intoxicating liquor or drugs in the vehicle;
G. transport a passenger to a destination by a route that is not the safest and most direct, unless the passenger specifically authorizes such alternate or indirect route;
H. pick up any additional passengers without the express consent of the original passenger;
I. refuse to pick up as a passenger any person of proper deportment when the vehicle is available, or discriminate against any person because of race, religion, national origin, sex, marital status, age, or mental or sensory handicap;
J. activate the meter when the vehicle is not engaged or fail to activate the meter at the beginning of each trip, unless the trip is made under contract;
K. activate equipment indicating the vehicle is engaged when it is not, or fail to activate such equipment when the vehicle is engaged;
L. use a taxi stand for any purpose other than to await the carriage of passengers for hire;
M. fail to remain within five feet of the vehicle when parked at a taxi stand, except when actually assisting passengers; or
N. engage in any unfair or deceptive acts or practices;
O. use any foul or obscene language to the offense of a passenger;
P. fail to report any accident (while operating a for-hire vehicle) involving a for-hire vehicle to the for-hire vehicle licensee;
Q. fail to provide licensing documentation on request by a police officer, licensing officer or inspection officer of the City of Spokane;
R. use tobacco products inside the for-hire vehicle while operating vehicle without passenger’s consent;
S. operate a for-hire vehicle without a for-hire vehicle operator’s license, or to operate a for-hire vehicle with a temporary for-hire vehicle operator’s permit without being accompanied by a licensed for-hire operator;
T. consume alcohol within six hours preceding operating or while operating a for-hire vehicle, or to be under the influence of alcohol or any prescription medication that would impair the operator, or to use or be under the influence of any illegal substance/drugs;
U. operate a for-hire vehicle for more than twelve consecutive hours without an eight-hour break between shifts;
V. Licensees will establish dress codes. For-hire vehicle operators, operators must comply with for-hire company dress code:
1. At a minimum:
a. no open-toed shoes,
b. no cutoff pants,
c. socks must be worn with shoes,
iv. all clothing must be clean,
v. must maintain good grooming and hygiene standards;
W. A for-hire vehicle operator’s license may be suspended pending a hearing for commission of any of the above violations;
X. A for-hire vehicle operator’s license may be revoked upon conviction of any of the above violations.
[Ord. C33165 § 18; Passed: 2/17/2003]
Code Publishing Company
|
|
|